H. R. 2095—29 
‘‘(4) in the vicinity of a grade crossing, who creates a 
hazard of an accident involving injury or property damage 
at the grade crossing.’’. 
(b) CONFORMING
AMENDMENT.—The chapter analysis for 
chapter 201 is amended by striking the item relating to section 
20151 and inserting the following: 
‘‘20151. Railroad trespassing, vandalism, and highway-rail grade crossing warning 
sign violation prevention strategy.’’. 
(c) EDUCATIONAL OR AWARENESS PROGRAM ITEMS FOR DISTRIBU-
TION.—Section 20134(a) is amended by adding at the end the fol-
lowing: ‘‘The Secretary may purchase items of nominal value and 
distribute them to the public without charge as part of an edu-
cational or awareness program to accomplish the purposes of this 
section and of any other sections of this title related to improving 
the safety of highway-rail crossings and to preventing trespass 
on railroad rights of way, and the Secretary shall prescribe guide-
lines for the administration of this authority.’’. 
SEC. 209. ACCIDENT AND INCIDENT REPORTING. 
The Federal Railroad Administration shall conduct an audit 
of each Class I railroad at least once every 2 years and conduct 
an audit of each non-Class I railroad at least once every 5 years 
to ensure that all grade crossing collisions and fatalities are 
reported to any Federal national accident database. 
SEC. 210. FOSTERING INTRODUCTION OF NEW TECHNOLOGY TO 
IMPROVE SAFETY AT HIGHWAY-RAIL GRADE CROSSINGS. 
(a) AMENDMENT.—Subchapter II of chapter 201, as amended 
by section 204 of this division, is further amended by adding at 
the end the following: 
‘‘§ 20161. Fostering introduction of new technology to 
improve safety at highway-rail grade crossings 
‘‘(a) FINDINGS.— 
‘‘(1) Collisions between highway users and trains at high-
way-rail grade crossings continue to cause an unacceptable 
loss of life, serious personal injury, and property damage. 
‘‘(2) While elimination of at-grade crossings through consoli-
dation of crossings and grade separations offers the greatest 
long-term promise for optimizing the safety and efficiency of 
the two modes of transportation, over 140,000 public grade 
crossings remain on the general rail system—approximately 
one for each route mile on the general rail system. 
‘‘(3) Conventional highway traffic control devices such as 
flashing lights and gates are often effective in warning motor-
ists of a train’s approach to an equipped crossing. 
‘‘(4) Since enactment of the Highway Safety Act of 1973, 
over $4,200,000,000 of Federal funding has been invested in 
safety improvements at highway-rail grade crossings, yet a 
majority of public highway-rail grade crossings are not yet 
equipped with active warning systems. 
‘‘(5) The emergence of new technologies presents opportuni-
ties for more effective and affordable warnings and safer pas-
sage of highway users and trains at remaining highway-rail 
grade crossings.
H. R. 2095—30 
‘‘(6) Implementation of new crossing safety technology will 
require extensive cooperation between highway authorities and 
railroad carriers. 
‘‘(7) Federal Railroad Administration regulations estab-
lishing performance standards for processor-based signal and 
train control systems provide a suitable framework for qualifica-
tion of new or novel technology at highway-rail grade crossings, 
and the Federal Highway Administration’s Manual on Uniform 
Traffic Control Devices provides an appropriate means of deter-
mining highway user interface with such new technology. 
‘‘(b) POLICY.—It is the policy of the United States to encourage 
the development of new technology that can prevent loss of life 
and injuries at highway-rail grade crossings. The Secretary of 
Transportation is designated to carry out this policy in consultation 
with States and necessary public and private entities. 
‘‘(c) SUBMISSION OF NEW TECHNOLOGY PROPOSALS.—Railroad 
carriers and railroad suppliers may submit for review and approval 
to the Secretary such new technology designed to improve safety 
at highway-rail grade crossings. The Secretary shall approve by 
order the new technology designed to improve safety at highway- 
rail grade crossings in accordance with Federal Railroad Adminis-
tration standards for the development and use of processor-based 
signal and train control systems and shall consider the effects 
on safety of highway-user interface with the new technology. 
‘‘(d) EFFECT
OF SECRETARIAL APPROVAL.—If the Secretary 
approves by order new technology to provide warning to highway 
users at a highway-rail grade crossing and such technology is 
installed at a highway-rail grade crossing in accordance with the 
conditions of the approval, this determination preempts any State 
statute or regulation concerning the adequacy of the technology 
in providing warning at the crossing.’’. 
(b) CONFORMING
AMENDMENT.—The chapter analysis for 
chapter 201, as amended by section 204 of this division, is further 
amended by inserting after the item relating to section 20160, 
the following: 
‘‘20161. Fostering introduction of new technology to improve safety at highway-rail 
grade crossings.’’. 
TITLE III—FEDERAL RAILROAD 
ADMINISTRATION 
SEC. 301. HUMAN CAPITAL INCREASES. 
(a) IN GENERAL.—The Secretary shall increase the number 
of Federal Railroad Administration employees by— 
(1) 50 employees in fiscal year 2009; 
(2) 50 employees in fiscal year 2010; 
(3) 50 employees in fiscal year 2011; 
(4) 25 employees in fiscal year 2012; and 
(5) 25 employees in fiscal year 2013. 
(b) FUNCTIONS.—In increasing the number of employees pursu-
ant to subsection (a), the Secretary shall focus on hiring 
employees— 
(1) specifically trained to conduct on-site railroad and high-
way-rail grade crossing accident investigations; 
(2) to implement the Railroad Safety Strategy;
H. R. 2095—31 
(3) to administer and implement section 20156 of title 
49, United States Code, relating to the Railroad Safety Risk 
Reduction Program; 
(4) to conduct routine inspections and audits of railroad 
and hazardous materials facilities and records for compliance 
with railroad safety laws and regulations; 
(5) to inspect railroad bridges, tunnels, and related infra-
structure, and to review or analyze railroad bridge, tunnel, 
and related infrastructure inspection reports; 
(6) to prevent or respond to natural or manmade emergency 
situations or events involving rail infrastructure or employees; 
(7) to implement section 20157 of title 49, United States 
Code, relating to positive train control systems; 
(8) to implement section 20164 of title 49, United States 
Code, relating to the development and use of rail safety tech-
nology; and 
(9) to support the Federal Railroad Administration’s safety 
mission. 
SEC. 302. CIVIL PENALTY INCREASES. 
(a) GENERAL VIOLATIONS OF CHAPTER 201.—Section 21301(a)(2) 
is amended— 
(1) by striking ‘‘$10,000.’’ and inserting ‘‘$25,000.’’; and 
(2) by striking ‘‘$20,000.’’ and inserting ‘‘$100,000.’’. 
(b) ACCIDENT AND INCIDENT VIOLATIONS OF CHAPTER 201; VIO-
LATIONS OF CHAPTERS 203 THROUGH 209.—Section 21302(a)(2) is 
amended— 
(1) by striking ‘‘$10,000.’’ and inserting ‘‘$25,000.’’; and 
(2) by striking ‘‘$20,000.’’ and inserting ‘‘$100,000.’’. 
(c) VIOLATIONS
OF
CHAPTER
211.—Section 21303(a)(2) is 
amended— 
(1) by striking ‘‘$10,000.’’ and inserting ‘‘$25,000.’’; and 
(2) by striking ‘‘$20,000.’’ and inserting ‘‘$100,000.’’. 
SEC. 303. ENFORCEMENT REPORT. 
(a) IN GENERAL.—Subchapter I of chapter 201, as amended 
by section 109 of this division, is amended by adding at the end 
the following: 
‘‘§ 20120. Enforcement report 
‘‘(a) IN GENERAL.—Beginning not later than December 31, 2009, 
the Secretary of Transportation shall make available to the public 
and publish on its public website an annual report that— 
‘‘(1) provides a summary of railroad safety and hazardous 
materials compliance inspections and audits that Federal or 
State inspectors conducted in the prior fiscal year organized 
by type of alleged violation, including track, motive power and 
equipment, signal, grade crossing, operating practices, accident 
and incidence reporting, and hazardous materials; 
‘‘(2) provides a summary of all enforcement actions taken 
by the Secretary or the Federal Railroad Administration during 
the prior fiscal year, including— 
‘‘(A) the number of civil penalties assessed; 
‘‘(B) the initial amount of civil penalties assessed; 
‘‘(C) the number of civil penalty cases settled; 
‘‘(D) the final amount of civil penalties assessed; 
‘‘(E) the difference between the initial and final 
amounts of civil penalties assessed;
H. R. 2095—32 
‘‘(F) the number of administrative hearings requested 
and completed related to hazardous materials transpor-
tation law violations or enforcement actions against individ-
uals; 
‘‘(G) the number of cases referred to the Attorney Gen-
eral for civil or criminal prosecution; 
‘‘(H) the number and subject matter of all compliance 
orders, emergency orders, or precursor agreements; 
‘‘(3) analyzes the effect of the number of inspections con-
ducted and enforcement actions taken on the number and rate 
of reported accidents and incidents and railroad safety; 
‘‘(4) provide the information required by paragraphs (2) 
and (3)— 
‘‘(A) for each Class I railroad individually; and 
‘‘(B) in the aggregate for— 
‘‘(i) Class II railroads; 
‘‘(ii) Class III railroads; 
‘‘(iii) hazardous materials shippers; and 
‘‘(iv) individuals; 
‘‘(5) identifies the number of locomotive engineer certifi-
cation denial or revocation cases appealed to and the average 
length of time it took to be decided by— 
‘‘(A) the Locomotive Engineer Review Board; 
‘‘(B) an Administrative Hearing Officer or Administra-
tive Law Judge; or 
‘‘(C) the Administrator of the Federal Railroad 
Administration; 
‘‘(6) provides an explanation regarding any changes in the 
Secretary’s or the Federal Railroad Administration’s enforce-
ment programs or policies that may substantially affect the 
information reported; and 
‘‘(7) includes any additional information that the Secretary 
determines is useful to improve the transparency of its enforce-
ment program.’’. 
(b) CONFORMING
AMENDMENT.—The chapter analysis for 
chapter 201, as amended by section 109 of this division, is amended 
by inserting after the item relating to section 20119 the following: 
‘‘20120. Enforcement report.’’. 
SEC. 304. EXPANSION OF EMERGENCY ORDER AUTHORITY. 
Section 20104(a)(1) is amended by striking ‘‘death or personal 
injury’’ and inserting ‘‘death, personal injury, or significant harm 
to the environment’’. 
SEC. 305. PROHIBITION OF INDIVIDUALS FROM PERFORMING SAFETY- 
SENSITIVE FUNCTIONS FOR A VIOLATION OF HAZARDOUS 
MATERIALS TRANSPORTATION LAW. 
Section 20111(c) is amended to read as follows: 
‘‘(c) ORDERS
PROHIBITING
INDIVIDUALS
FROM
PERFORMING 
SAFETY-SENSITIVE FUNCTIONS.— 
‘‘(1) If an individual’s violation of this part, chapter 51 
of this title, or a regulation prescribed, or an order issued, 
by the Secretary under this part or chapter 51 of this title 
is shown to make that individual unfit for the performance 
of safety-sensitive functions, the Secretary, after providing 
notice and an opportunity for a hearing, may issue an order 
prohibiting the individual from performing safety-sensitive