‘‘(2) include in each such summary identifica-
tion of the railroad carrier or person involved in the 
enforcement activity, the type of alleged violation, the 
penalty or penalties proposed, any changes in case 
status since the previous summary, the final assess-
ment amount of each penalty, and the reasons for a 
reduction in the proposed penalty, if appropriate; 
and 
‘‘(3) provide a mechanism by which a railroad 
carrier or person named in an enforcement action 
may make information, explanations, or documents it 
believes are responsive to the enforcement action 
available to the public. 
‘‘(b) ELECTRONIC
AVAILABILITY.—Each summary 
under this section shall be made available to the public by 
electronic means. 
‘‘(c) RELATIONSHIP TO FOIA.—Nothing in this sec-
tion shall be construed to require disclosure of information 
or records that are exempt from disclosure under section 
552 of title 5.’’. 
(b) TABLE OF SECTIONS AMENDMENT.—The table of 
sections of subchapter I of chapter 201 of title 49, United 
States Code, is amended by adding at the end the following 
new item: 
‘‘20118. Enforcement transparency.’’. 
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SEC. 506. INTERFERING WITH OR HAMPERING SAFETY IN-
VESTIGATIONS. 
(a) AMENDMENT.—Subchapter II of chapter 213 of 
title 49, United States Code, is amended by adding at the 
end the following new section: 
‘‘§ 21312. Interfering with or hampering safety inves-
tigations 
‘‘(a) IN GENERAL.—It shall be unlawful for any per-
son knowingly to interfere with, obstruct, or hamper an in-
vestigation by the Secretary of Transportation conducted 
under section 20703 or 20902 of this title, or a railroad 
investigation by the National Transportation Safety Board 
under chapter 11 of this title. 
‘‘(b) INTIMIDATION AND HARASSMENT.—It shall be 
unlawful for any person, with regard to an investigation 
conducted by the Secretary under section 20703 or 20902 
of this title, or a railroad investigation by the National 
Transportation Safety Board under chapter 11 of this title, 
knowingly or intentionally to use intimidation, harass-
ment, threats, or physical force toward another person, or 
corruptly persuade another person, or attempt to do so, or 
engage in misleading conduct toward another person, with 
the intent or effect of— 
‘‘(1) influencing the testimony or statement of 
any person; 
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‘‘(2) hindering, delaying, preventing, or dis-
suading any person from— 
‘‘(A) attending a proceeding or interview 
with, testifying before, or providing a written 
statement to, a National Transportation Safety 
Board railroad investigator, a Federal railroad 
safety inspector or State railroad safety inspec-
tor, or their superiors; 
‘‘(B) communicating or reporting to a Na-
tional Transportation Safety Board railroad in-
vestigator, a Federal railroad safety inspector, or 
a State railroad safety inspector, or their superi-
ors, information relating to the commission or 
possible commission of one or more violations of 
this part or of chapter 51 of this title; or 
‘‘(C) recommending or using any legal rem-
edy available to the Secretary under this title; or 
‘‘(3) causing or inducing any person to— 
‘‘(A) withhold testimony, or a statement, 
record, document, or other object, from the inves-
tigation; 
‘‘(B) alter, destroy, mutilate, or conceal a 
statement, record, document, or other object with 
intent to impair the integrity or availability of 
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the statement, record, document, or other object 
for use in the investigation; 
‘‘(C) evade legal process summoning that 
person to appear as a witness, or to produce a 
statement, record, document, or other object, in 
the investigation; or 
‘‘(D) be absent from an investigation to 
which such person has been summoned by legal 
process. 
‘‘(c) ELEMENTS OF VIOLATION.—(1) For the purposes 
of this section, the testimony or statement, or the record, 
document, or other object, need not be admissible in evidence 
or free from a claim of privilege. 
‘‘(2) In a prosecution for an offense under this section, 
no state of mind need be proved with respect to the cir-
cumstance that the investigation is being conducted by the 
Secretary under section 20703 or 20902 of this title or by 
the National Transportation Safety Board under chapter 
11 of this title. 
‘‘(d) CRIMINAL PENALTIES.—A person violating this 
section shall be fined under title 18, imprisoned for not 
more than 1 year, or both.’’. 
(b) TABLE OF SECTIONS AMENDMENT.—The table of 
sections of subchapter II of chapter 213 of title 49, United 
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States Code, is amended by adding at the end the following 
new item: 
‘‘21312. Interfering with or hampering safety investigations.’’. 
SEC. 507. RAILROAD RADIO MONITORING AUTHORITY. 
Section 20107 of title 49, United States Code, is 
amended by inserting at the end the following: 
‘‘(c) RAILROAD RADIO COMMUNICATIONS.— 
‘‘(1) IN GENERAL.—To carry out the Secretary’s 
responsibilities under this part and under chapter 51, 
the Secretary may authorize officers, employees, or 
agents of the Secretary to conduct the following ac-
tivities in circumstances the Secretary finds to be rea-
sonable: 
‘‘(A) Intercepting a radio communication, 
with or without the consent of the sender or other 
receivers of the communication, but only where 
such communication is broadcast or transmitted 
over a radio frequency which is— 
‘‘(i) authorized for use by one or more 
railroad carriers by the Federal Commu-
nications Commission; and 
‘‘(ii) primarily used by such railroad 
carriers for communications in connection 
with railroad operations. 
‘‘(B) Communicating the existence, contents, 
substance, purport, effect, or meaning of the com-
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munication, subject to the restrictions in para-
graph (3). 
‘‘(C) Receiving or assisting in receiving the 
communication (or any information therein con-
tained). 
‘‘(D) Disclosing the contents, substance, 
purport, effect, or meaning of the communication 
(or any part thereof of such communication) or 
using the communication (or any information 
contained therein), subject to the restrictions in 
paragraph (3), after having received the commu-
nication or acquired knowledge of the contents, 
substance, purport, effect, or meaning of the com-
munication (or any part thereof). 
‘‘(E) Recording the communication by any 
means, including writing and tape recording. 
‘‘(2) ACCIDENT PREVENTION AND ACCIDENT IN-
VESTIGATION.—The Secretary, and officers, employ-
ees, and agents of the Department of Transportation 
authorized by the Secretary, may engage in the ac-
tivities authorized by paragraph (1) for the purpose 
of accident prevention and accident investigation. 
‘‘(3) USE
OF
INFORMATION.—(A) Information 
obtained through activities authorized by paragraphs 
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(1) and (2) shall not be admitted into evidence in any 
administrative or judicial proceeding except— 
‘‘(i) in a prosecution of a felony under Fed-
eral or State criminal law; or 
‘‘(ii) to impeach evidence offered by a party 
other than the Federal Government regarding the 
existence, electronic characteristics, content, sub-
stance, purport, effect, meaning, or timing of, or 
identity of parties to, a communication inter-
cepted pursuant to paragraphs (1) and (2) in 
proceedings pursuant to section 5122, 5123, 
20702(b), 20111, 20112, 20113, or 20114 of this 
title. 
‘‘(B) If information obtained through activities 
set forth in paragraphs (1) and (2) is admitted into 
evidence for impeachment purposes in accordance 
with subparagraph (A), the court, administrative law 
judge, or other officer before whom the proceeding is 
conducted may make such protective orders regarding 
the confidentiality or use of the information as may 
be appropriate in the circumstances to protect pri-
vacy and administer justice. 
‘‘(C) No evidence shall be excluded in an admin-
istrative or judicial proceeding solely because the gov-
ernment would not have learned of the existence of or 
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obtained such evidence but for the interception of in-
formation that is not admissible in such proceeding 
under subparagraph (A). 
‘‘(D) Information obtained through activities set 
forth in paragraphs (1) and (2) shall not be subject 
to publication or disclosure, or search or review in 
connection therewith, under section 552 of title 5. 
‘‘(E) Nothing in this subsection shall be con-
strued to impair or otherwise affect the authority of 
the United States to intercept a communication, and 
collect, retain, analyze, use, and disseminate the in-
formation obtained thereby, under a provision of law 
other than this subsection. 
‘‘(4) APPLICATION WITH OTHER LAW.—Section 
705 of the Communications Act of 1934 (47 U.S.C. 
605) and chapter 119 of title 18 shall not apply to 
conduct authorized by and pursuant to this sub-
section.’’. 
SEC. 508. INSPECTOR STAFFING. 
The Secretary shall increase the total number of posi-
tions for railroad safety inspection and enforcement per-
sonnel at the Federal Railroad Safety Administration so 
that by December 31, 2008, the total number of such posi-
tions is at least 500, by December 31, 2009, the total num-
ber of such positions is at least 600, by December 31, 2010, 
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the total number of such positions is at least 700, and by 
December 31, 2011, the total number of positions is at least 
800. 
TITLE VI—MISCELLANEOUS 
PROVISIONS 
SEC. 601. POSITIVE TRAIN CONTROL SYSTEMS. 
(a) IN GENERAL.—Not later than 12 months after the 
date of enactment of this Act, each Class I railroad carrier 
shall develop and submit to the Secretary a plan for imple-
menting a positive train control system by December 31, 
2014, that will minimize the risk of train collisions and 
over-speed derailments, provide protection to maintenance- 
of-way workers within established work zone limits, and 
minimize the risk of the movement of a train through a 
switch left in the wrong position. 
(b) SAFETY REDUNDANCY.—The positive train control 
system required under subsection (a) shall provide a safety 
redundancy to minimize the risk of accidents by overriding 
human performance failures involving train movements on 
main line tracks. 
(c) CONTENTS OF PLAN.—The Secretary may provide 
technical assistance and guidance to railroad carriers in 
developing the plans required under subsection (a), and 
shall require that each railroad carrier include in the plan, 
at a minimum— 
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(1) measurable goals, including a strategy and 
timeline for implementation of such systems; 
(2) a prioritization of how the systems will be 
implemented, with particular emphasis on high-risk 
corridors such as those that have significant move-
ments of hazardous materials or where commuter and 
intercity passenger railroads operate; 
(3) identification of detailed steps the carriers 
will take to implement the systems; and 
(4) any other element the Secretary considers ap-
propriate. 
(d) REVIEW AND APPROVAL.—Not later than 90 days 
after the Secretary receives a plan, the Secretary shall re-
view and approve it. If the proposed plan is not approved, 
the Secretary shall notify the affected railroad carrier as 
to the specific points in which the proposed plan is defi-
cient, and the railroad carrier shall correct all deficiencies 
within 30 days following receipt of written notice from the 
Secretary. The Secretary shall annually conduct a review 
to ensure that the railroads are complying with their plans. 
(e) REPORT.—Not later than December 31, 2011, the 
Secretary shall transmit a report to the Committee on 
Transportation and Infrastructure of the House of Rep-
resentatives and the Committee on Commerce, Science, and 
Transportation of the Senate on the progress of the railroad 
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carriers in implementing such positive train control sys-
tems. 
(f) AUTHORITY TO EXTEND DEADLINE.—The Sec-
retary may extend the date for implementation required 
under subsection (a) for any Class I railroad carrier for 
a period of not more than 24 months if the Secretary deter-
mines such an extension is necessary— 
(1) to implement a more effective positive train 
control system than would be possible under the date 
established in subsection (a); 
(2) to obtain interoperability between positive 
train control systems implemented by railroad car-
riers; 
(3) for the Secretary to determine that a positive 
train control system meets the requirements of this 
section and regulations issued by the Secretary; or 
(4) to otherwise enhance safety. 
(g) CERTIFICATION.—The Secretary shall not permit 
the installation of any positive train control system or com-
ponent unless the Secretary has certified that such system 
or component has not experienced a safety-critical failure 
during prior testing and evaluation. If such a failure has 
occurred, the system or component may be repaired and 
evaluated in accordance with part 236 of title 49 of the 
Code of Federal Regulations and may be installed when the 
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Secretary certifies that the factors causing the failure have 
been corrected and approves the system for installation in 
accordance with such part 236. 
(h) NOTICE.—Not later than 30 days after the Sec-
retary grants an extension under subsection (f), the Sec-
retary shall publish a notice in the Federal Register that 
identifies the Class I railroad carrier that is being granted 
the extension, the reasons for granting the extension, and 
the length of the extension. 
SEC. 602. WARNING IN NONSIGNALED TERRITORY. 
(a) AMENDMENT.—Subchapter II of chapter 201 of 
title 49, United States Code, as amended by this Act, is 
further amended by adding at the end the following new 
section: 
‘‘§ 20158. Warning in nonsignaled territory 
‘‘Not later than 12 months after the date of enactment 
of the Federal Railroad Safety Improvement Act of 2007, 
the Secretary of Transportation shall prescribe regulations 
that require railroads, with respect to main lines in nonsig-
naled territory without a train speed enforcement system 
that would stop a train in advance of a misaligned switch, 
to either— 
‘‘(1) install an automatically activated device, in 
addition to the switch banner, that will, visually or 
electronically, compellingly capture the attention of 
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the employees involved with switch operations and 
clearly convey the status of the switch both in day-
light and darkness; or 
‘‘(2) operate trains at speeds that will allow 
them to be safely stopped in advance of misaligned 
switches.’’. 
(b) TABLE OF SECTIONS AMENDMENT.—The table of 
sections of subchapter II of chapter 201 of title 49, United 
States Code, is amended by adding at the end the following 
new item: 
‘‘20158. Warning in nonsignaled territory.’’. 
SEC. 603. TRACK SAFETY. 
(a) AMENDMENT.—Subchapter II of chapter 201 of 
title 49, United States Code, as amended by this Act, is 
further amended by adding at the end the following new 
section: 
‘‘§ 20159. Track safety 
‘‘(a) RAIL INTEGRITY.—Not later than 12 months after 
the date of enactment of the Federal Railroad Safety Im-
provement Act of 2007, the Secretary of Transportation 
shall prescribe regulations to require railroad carriers to 
manage the rail in their tracks so as to minimize accidents 
due to internal rail flaws. The regulations shall, at a min-
imum— 
‘‘(1) require railroad carriers to conduct ultra-
sonic or other appropriate inspections to ensure that 
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rail used to replace defective segments of existing rail 
is free from internal defects; 
‘‘(2) require railroad carriers to perform rail in-
tegrity inspections to manage an annual service fail-
ure rate of less than .1 per track mile on high-risk 
corridors such as those that have significant move-
ments of hazardous materials or where commuter and 
intercity passenger railroads operate; and 
‘‘(3) encourage railroad carrier use of advanced 
rail defect inspection equipment and similar tech-
nologies as part of a comprehensive rail inspection 
program. 
‘‘(b) CONCRETE
CROSSTIES.—Not later than 18 
months after the date of enactment of the Federal Railroad 
Safety Improvement Act of 2007, the Secretary shall develop 
and implement regulations for all classes of track for con-
crete crossties that address, at a minimum— 
‘‘(1) limits for rail seat abrasion; 
‘‘(2) concrete crosstie pad wear limits; 
‘‘(3) missing or broken rail fasteners; 
‘‘(4) loss of appropriate toeload pressure; 
‘‘(5) improper fastener configurations; and 
‘‘(6) excessive lateral rail movement.’’. 
(b) TABLE OF SECTIONS AMENDMENT.—The table of 
sections of subchapter II of chapter 201 of title 49, United 
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States Code, is amended by adding at the end the following 
new item: 
‘‘20159. Track safety.’’. 
SEC. 604. CERTIFICATION OF CONDUCTORS. 
(a) AMENDMENT.—Subchapter II of chapter 201 of 
title 49, United States Code, as amended by this Act, is 
further amended by adding at the end the following new 
section: 
‘‘§ 20160. Certification of conductors 
‘‘(a) REGULATIONS.—Not later than 18 months after 
the date of enactment of the Federal Railroad Safety Im-
provement Act of 2007, the Secretary of Transportation 
shall prescribe regulations and issue orders to establish a 
program requiring the certification of train conductors. In 
prescribing such regulations, the Secretary shall require 
that conductors on passenger trains be trained in security, 
first aid, and emergency preparedness. 
‘‘(b) PROGRAM DESIGN.—The program established 
under this section shall be designed based on the require-
ments of section 20135(b) through (e).’’. 
(b) TABLE OF SECTIONS AMENDMENT.—The table of 
sections of subchapter II of chapter 201 of title 49, United 
States Code, is amended by adding at the end the following 
new item: 
‘‘20160. Certification of conductors.’’. 
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SEC. 605. MINIMUM TRAINING STANDARDS. 
(a) AMENDMENT.—Subchapter II of chapter 201 of 
title 49, United States Code, as amended by this Act, is 
further amended by adding at the end the following new 
section: 
‘‘§ 20161. Minimum training standards 
‘‘The Secretary of Transportation shall, not later than 
180 days after the date of enactment of the Federal Railroad 
Safety Improvement Act of 2007, establish— 
‘‘(1) minimum training standards for each class 
and craft of railroad employees, which shall require 
railroad carriers to qualify or otherwise document the 
proficiency of their employees in each class and craft 
regarding their knowledge of, and ability to comply 
with, Federal railroad safety laws and regulations 
and railroad carrier rules and procedures promul-
gated to implement those Federal railroad safety laws 
and regulations; 
‘‘(2) a requirement for railroad carriers to sub-
mit their training and qualification programs to the 
Federal Railroad Safety Administration for approval; 
and 
‘‘(3) a minimum training curriculum, and ongo-
ing training criteria, testing, and skills evaluation 
measures to ensure that railroad employees charged 
with the inspection of track or railroad equipment are 
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qualified to assess railroad compliance with Federal 
standards to identify defective conditions and initiate 
immediate remedial action to correct critical safety 
defects that are known to contribute to derailments, 
accidents, or injury. In implementing the require-
ments of this paragraph, the Secretary shall take into 
consideration existing training programs of railroad 
carriers.’’. 
(b) TABLE OF SECTIONS AMENDMENT.—The table of 
sections of subchapter II of chapter 201 of title 49, United 
States Code, is amended by adding at the end the following 
new item: 
‘‘20161. Minimum training standards.’’. 
SEC. 606. PROMPT MEDICAL ATTENTION. 
(a) AMENDMENT.—Subchapter II of chapter 201 of 
title 49, United States Code, as amended by this Act, is 
further amended by adding at the end the following new 
section: 
‘‘§ 20162. Prompt medical attention 
‘‘(a) PROHIBITION.—A railroad or person covered 
under this title shall not deny, delay, or interfere with the 
medical or first aid treatment of an employee who is in-
jured during the course of employment. If transportation 
to a hospital is requested by an employee who is injured 
during the course of employment, the railroad shall prompt-
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ly arrange to have the injured employee transported to the 
nearest medically appropriate hospital. 
‘‘(b) DISCIPLINE.—A railroad or person covered under 
this title shall not discipline, or threaten discipline to, an 
employee for requesting medical or first aid treatment, or 
for following orders or a treatment plan of a treating physi-
cian. For purposes of this subsection, discipline means to 
bring charges against a person in a disciplinary pro-
ceeding, suspend, terminate, place on probation, or make 
note of reprimand on an employee’s record.’’. 
(b) TABLE OF SECTIONS AMENDMENT.—The table of 
sections of subchapter II of chapter 201 of title 49, United 
States Code, is amended by adding at the end the following 
new item: 
‘‘20162. Prompt medical attention.’’. 
SEC. 607. EMERGENCY ESCAPE BREATHING APPARATUS. 
(a) AMENDMENT.—Subchapter II of chapter 201 of 
title 49, United States Code, as amended by this Act, is 
further amended by adding at the end the following new 
section: 
‘‘§ 20163. Emergency escape breathing apparatus 
‘‘Not later than 18 months after the date of enactment 
of the Federal Railroad Safety Improvement Act of 2007, 
the Secretary of Transportation shall prescribe regulations 
that require railroads to— 
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‘‘(1) provide emergency escape breathing appa-
ratus for all crewmembers on freight trains carrying 
hazardous materials that would pose an inhalation 
hazard in the event of release; and 
‘‘(2) provide their crewmembers with appro-
priate training for using the breathing apparatus.’’. 
(b) TABLE OF SECTIONS AMENDMENT.—The table of 
sections of subchapter II of chapter 201 of title 49, United 
States Code, is amended by adding at the end the following 
new item: 
‘‘20163. Emergency escape breathing apparatus.’’. 
SEC. 608. LOCOMOTIVE CAB ENVIRONMENT. 
Not later than 12 months after the date of enactment 
of this Act, the Secretary of Transportation shall transmit 
to the Committee on Transportation and Infrastructure of 
the House of Representatives and the Committee on Com-
merce, Science, and Transportation of the Senate a report 
on the effects of the locomotive cab environment on the safe-
ty, health, and performance of train crews. 
SEC. 609. TUNNEL INFORMATION. 
Not later than 120 days after the date of enactment 
of this Act, each railroad carrier (as defined in section 
20102 of title 49, United States Code) shall, with respect 
to each of its tunnels which— 
(1) are longer than 1000 feet and located under 
a city with a population of 400,000 or greater; or 
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(2) carry 5 or more scheduled passenger trains 
per day, or 500 or more carloads of Toxic Inhalation 
Hazardous materials per year, 
maintain for at least two years historical documentation 
of structural inspection and maintenance activities for such 
tunnels, including information on the methods of ingress 
and egress into and out of the tunnel, the types of cargos 
typically transported through the tunnel, and schematics or 
blueprints for the tunnel, when available. Upon request, a 
railroad carrier shall also provide periodic briefings to the 
government of the local jurisdiction in which the tunnel is 
located, including updates whenever a repair or rehabilita-
tion project substantially alters the methods of ingress and 
egress. Such governments shall use appropriate means to 
protect and restrict the distribution of any security sen-
sitive information provided by the railroad carrier under 
this section, consistent with national security interests. 
SEC. 610. RAILROAD POLICE. 
Section 28101 of title 49, United States Code, is 
amended by striking ‘‘the rail carrier’’ each place it ap-
pears and inserting ‘‘any rail carrier’’. 
SEC. 611. MUSEUM LOCOMOTIVE STUDY. 
(a) STUDY.—The Secretary of Transportation shall 
conduct a study of its regulations relating to safety inspec-
tions of diesel-electric locomotives and equipment and the 
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safety consequences of requiring less frequent inspections of 
such locomotives which are operated by museums, including 
annual inspections or inspections based on accumulated op-
erating hours. The study shall include an analysis of the 
safety consequences of requiring less frequent air brake in-
spections of such locomotives. 
(b) REPORT.—Not later than 12 months after the date 
of enactment of this Act, the Secretary of Transportation 
shall transmit a report on the results of the study conducted 
under subsection (a) to the Committee on Transportation 
and Infrastructure of the House of Representatives and the 
Committee on Commerce, Science, and Transportation of 
the Senate. 
SEC. 612. CERTIFICATION OF CARMEN. 
(a) AMENDMENT.—Subchapter II of chapter 201 of 
title 49, United States Code, as amended by this Act, is 
further amended by adding at the end the following new 
section: 
‘‘§ 20164. Certification of carmen 
‘‘(a) REGULATIONS.—Not later than 18 months after 
the date of enactment of the Federal Railroad Safety Im-
provement Act of 2007, the Secretary of Transportation 
shall prescribe regulations and issue orders to establish a 
program requiring the certification of carmen, including all 
employees performing mechanical inspections, brake system 
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inspections, or maintenance on freight and passenger rail 
cars. 
‘‘(b) PROGRAM DESIGN.—The program established 
under this section shall be designed by the Secretary of 
Transportation based on the requirements of parts 215, 221, 
231, 232, and 238 of title 49 of the Code of Federal Regula-
tions.’’. 
(b) TABLE OF SECTIONS AMENDMENT.—The table of 
sections of subchapter II of chapter 201 of title 49, United 
States Code, is amended by adding at the end the following 
new item: 
‘‘20164. Certification of carmen.’’. 
SEC. 613. TRAIN CONTROL SYSTEMS DEPLOYMENT GRANTS. 
(a) GRANT PROGRAM.—The Secretary of Transpor-
tation shall establish a grant program for the deployment 
of train control and component technologies, including— 
(1) communications-based train control systems 
designed to prevent train movement authority viola-
tions, over-speed violations, and train collision acci-
dents caused by noncompliance with authorities as 
well as to provide additional protections to roadway 
workers and protect against open switches in non-
signal territories; 
(2) remote control power switch technology; 
(3) switch point monitoring technology; and 
(4) track integrity circuit technology. 
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(b) GRANT CRITERIA.— 
(1) ELIGIBILITY.—Grants shall be made under 
this section to eligible passenger and freight railroad 
carriers and State and local governments for projects 
described in subsection (a) that have a public benefit 
of improved safety or network efficiency. 
(2) IMPLEMENTATION PLAN.—An applicant for a 
grant made pursuant to this section shall file with the 
Secretary a train control implementation plan that 
shall describe the overall safety and efficiency benefits 
of installing systems described in subsection (a) and 
the stages for implementing such systems. 
(3) CONSIDERATION.—The Secretary shall give 
priority consideration to applications that benefit 
both passenger and freight safety and efficiency, or 
incentivize train control technology deployment on 
high-risk corridors such as those that have significant 
movements of hazardous materials or where commuter 
and intercity passenger railroads operate. 
(c) AUTHORIZATION OF APPROPRIATIONS.—(1) There 
are authorized to be appropriated to the Secretary such 
sums as may be necessary for each of fiscal years 2008 
through 2011 to carry out this section. 
(2) Amounts made available pursuant to this sub-
section shall remain available until expended. 
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SEC. 614. INFRASTRUCTURE SAFETY INVESTMENT RE-
PORTS. 
Not later than February 15th of each year, each Class 
I railroad shall file a report with both the Federal Railroad 
Safety Administration and the Surface Transportation 
Board detailing, by State, the infrastructure investments 
and maintenance they have performed on their system, in-
cluding but not limited to track, locomotives, railcars, and 
grade crossings, in the previous calendar year to ensure the 
safe movement of freight, and their plans for such invest-
ments and maintenance in the current calendar year. Such 
reports shall be publicly available, and any interested party 
may file comments about the reports, which also shall be 
made public. 
SEC. 615. EMERGENCY GRADE CROSSING SAFETY IMPROVE-
MENTS. 
(a) ESTABLISHMENT OF PROGRAM.—The Secretary of 
Transportation shall establish a grant program to provide 
for emergency grade crossing safety improvements, includ-
ing the installation, repair, or improvement of— 
(1) railroad crossing signals, gates, and related 
technologies, including median barriers and four 
quadrant gates; 
(2) highway traffic signalization, including 
highway signals tied to railroad signal systems; 
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(3) highway lighting and crossing approach 
signage; 
(4) roadway improvements, including railroad 
crossing panels and surfaces; and 
(5) related work to mitigate dangerous condi-
tions. 
(b) GRANT CRITERIA.— 
(1) ELIGIBILITY.—The Secretary may make 
grants to State and local governments under this sec-
tion to provide emergency grade crossing safety im-
provements at a location where there has been a rail-
road grade crossing collision with a school bus, or col-
lision involving three or more serious bodily injuries 
or fatalities. 
(2) MAXIMUM AMOUNT.—Grants awarded under 
paragraph (1) shall not exceed $250,000 per crossing. 
(3) NO STATE OR LOCAL SHARE.—The Secretary 
shall not require the contribution of a State or local 
share as a condition of the grant. 
(c) AUTHORIZATION OF APPROPRIATIONS.—There are 
authorized to be appropriated to the Secretary such sums 
as may be necessary for each of fiscal years 2008 through 
2011 to carry out this section. Amounts made available 
under this subsection shall remain available until expended. 
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SEC. 616. CLARIFICATIONS REGARDING STATE LAW CAUSES 
OF ACTION. 
Section 20106 of title 49, United States Code, is 
amended— 
(1) by inserting ‘‘(a) IN GENERAL.—’’ before 
‘‘Laws, regulations’’; and 
(2) by inserting at the end the following new 
subsection: 
‘‘(b) CLARIFICATIONS REGARDING STATE LAW CAUSES 
OF ACTION.— 
‘‘(1) IN GENERAL.—Nothing in this section shall 
be construed to preempt an action under State law 
seeking damages for personal injury, death, or prop-
erty damage alleging that a party has violated the 
Federal standard of care established by a regulation 
or order issued by the Secretary of Transportation 
(with respect to railroad safety matters), or the Sec-
retary of Homeland Security (with respect to the rail-
road security matters) covering the subject matter as 
provided in subsection (a) of this section. This in-
cludes actions under State law for a party’s violation 
of or failure to adequately comply with its own plan, 
rule, or standard that it created pursuant to a regula-
tion or order issued by either of the Secretaries or for 
a party’s failure to adequately comply with a law, 
regulation, or order issued by either of the Secretaries. 
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