H. R. 2095—10 
‘‘§ 20157. Implementation of positive train control systems 
‘‘(a) IN GENERAL.— 
‘‘(1) PLAN REQUIRED.—Not later than 18 months after the 
date of enactment of the Rail Safety Improvement Act of 2008, 
each Class I railroad carrier and each entity providing regularly 
scheduled intercity or commuter rail passenger transportation 
shall develop and submit to the Secretary of Transportation 
a plan for implementing a positive train control system by 
December 31, 2015, governing operations on— 
‘‘(A) its main line over which intercity rail passenger 
transportation or commuter rail passenger transportation, 
as defined in section 24102, is regularly provided; 
‘‘(B) its main line over which poison- or toxic-by-inhala-
tion hazardous materials, as defined in parts 171.8, 
173.115, and 173.132 of title 49, Code of Federal Regula-
tions, are transported; and 
‘‘(C) such other tracks as the Secretary may prescribe 
by regulation or order. 
‘‘(2) IMPLEMENTATION.—The plan shall describe how it will 
provide for interoperability of the system with movements of 
trains of other railroad carriers over its lines and shall, to 
the extent practical, implement the system in a manner that 
addresses areas of greater risk before areas of lesser risk. 
The railroad carrier shall implement a positive train control 
system in accordance with the plan. 
‘‘(b) TECHNICAL ASSISTANCE.—The Secretary may provide tech-
nical assistance and guidance to railroad carriers in developing 
the plans required under subsection (a). 
‘‘(c) REVIEW AND APPROVAL.—Not later than 90 days after the 
Secretary receives a plan, the Secretary shall review and approve 
or disapprove it. If the proposed plan is not approved, the Secretary 
shall notify the affected railroad carrier or other entity as to the 
specific areas in which the proposed plan is deficient, and the 
railroad carrier or other entity 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 
railroad carriers are complying with their plans. 
‘‘(d) REPORT.—Not later than December 31, 2012, the Secretary 
shall transmit a report to the Committee on Transportation and 
Infrastructure of the House of Representatives and the Committee 
on Commerce, Science, and Transportation of the Senate on the 
progress of the railroad carriers in implementing such positive 
train control systems. 
‘‘(e) ENFORCEMENT.—The Secretary is authorized to assess civil 
penalties pursuant to chapter 213 for a violation of this section, 
including the failure to submit or comply with a plan for imple-
menting positive train control under subsection (a). 
‘‘(f) OTHER
RAILROAD
CARRIERS.—Nothing in this section 
restricts the discretion of the Secretary to require railroad carriers 
other than those specified in subsection (a) to implement a positive 
train control system pursuant to this section or section 20156, 
or to specify the period by which implementation shall occur that 
does not exceed the time limits established in this section or section 
20156. In exercising such discretion, the Secretary shall, at a min-
imum, consider the risk to railroad employees and the public associ-
ated with the operations of the railroad carrier.
H. R. 2095—11 
‘‘(g) REGULATIONS.—The Secretary shall prescribe regulations 
or issue orders necessary to implement this section, including regu-
lations specifying in appropriate technical detail the essential 
functionalities of positive train control systems, and the means 
by which those systems will be qualified. 
‘‘(h) CERTIFICATION.—The Secretary shall not permit the 
installation of any positive train control system or component in 
revenue service unless the Secretary has certified that any such 
system or component has been approved through the approval 
process set forth in part 236 of title 49, Code of Federal Regulations, 
and complies with the requirements of that part. 
‘‘(i) DEFINITIONS.—In this section: 
‘‘(1) INTEROPERABILITY.—The term ‘interoperability’ means 
the ability to control locomotives of the host railroad and tenant 
railroad to communicate with and respond to the positive train 
control system, including uninterrupted movements over prop-
erty boundaries. 
‘‘(2) MAIN LINE.—The term ‘main line’ means a segment 
or route of railroad tracks over which 5,000,000 or more gross 
tons of railroad traffic is transported annually, except that— 
‘‘(A) the Secretary may, through regulations under sub-
section (g), designate additional tracks as main line as 
appropriate for this section; and 
‘‘(B) for intercity rail passenger transportation or com-
muter rail passenger transportation routes or segments 
over which limited or no freight railroad operations occur, 
the Secretary shall define the term ‘main line’ by regula-
tion. 
‘‘(3) POSITIVE TRAIN CONTROL SYSTEM.—The term ‘positive 
train control system’ means a system designed to prevent train- 
to-train collisions, over-speed derailments, incursions into 
established work zone limits, and the movement of a train 
through a switch left in the wrong position.’’. 
(b) CONFORMING
AMENDMENT.—The chapter analysis for 
chapter 201, as amended by section 103 of this division, is amended 
by inserting after the item relating to section 20156 the following: 
‘‘20157. Implementation of positive train control systems.’’. 
SEC. 105. RAILROAD SAFETY TECHNOLOGY GRANTS. 
(a) IN GENERAL.—Subchapter II of chapter 201, as amended 
by section 104 of this division, is further amended by adding at 
the end thereof the following: 
‘‘§ 20158. Railroad safety technology grants 
‘‘(a) GRANT PROGRAM.—The Secretary of Transportation shall 
establish a grant program for the deployment of train control tech-
nologies, train control component technologies, processor-based tech-
nologies, electronically controlled pneumatic brakes, rail integrity 
inspection systems, rail integrity warning systems, switch position 
indicators and monitors, remote control power switch technologies, 
track integrity circuit technologies, and other new or novel railroad 
safety technology. 
‘‘(b) GRANT CRITERIA.— 
‘‘(1) ELIGIBILITY.—Grants shall be made under this section 
to eligible passenger and freight railroad carriers, railroad sup-
pliers, and State and local governments for projects described
H. R. 2095—12 
in subsection (a) that have a public benefit of improved safety 
and network efficiency. 
‘‘(2) CONSIDERATIONS.—Priority shall be given to projects 
that— 
‘‘(A) focus on making technologies interoperable 
between railroad systems, such as train control tech-
nologies; 
‘‘(B) accelerate train control technology deployment on 
high-risk corridors, such as those that have high volumes 
of hazardous materials shipments or over which commuter 
or passenger trains operate; or 
‘‘(C) benefit both passenger and freight safety and effi-
ciency. 
‘‘(3) IMPLEMENTATION PLANS.—Grants may not be awarded 
under this section to entities that fail to develop and submit 
to the Secretary the plans required by sections 20156(e)(2) 
and 20157. 
‘‘(4) MATCHING
REQUIREMENTS.—Federal funds for any 
eligible project under this section shall not exceed 80 percent 
of the total cost of such project. 
‘‘(c) AUTHORIZATION OF APPROPRIATIONS.—There are authorized 
to be appropriated to the Secretary of Transportation $50,000,000 
for each of fiscal years 2009 through 2013 to carry out this section. 
Amounts appropriated pursuant to this section shall remain avail-
able until expended.’’. 
(b) CONFORMING
AMENDMENT.—The chapter analysis for 
chapter 201, as amended by section 104 of this division, is further 
amended by inserting after the item relating to section 20157 the 
following: 
‘‘20158. Railroad safety technology grants.’’. 
SEC. 106. REPORTS ON STATUTORY MANDATES AND RECOMMENDA-
TIONS. 
Not later than December 31, 2008, and annually thereafter, 
the Secretary shall transmit a report to the House of Representa-
tives Committee on Transportation and Infrastructure and the 
Senate Committee on Commerce, Science, and Transportation on 
the specific actions taken to implement unmet statutory mandates 
regarding railroad safety and each open railroad safety rec-
ommendation made by the National Transportation Safety Board 
or the Department’s Inspector General. 
SEC. 107. RULEMAKING PROCESS. 
(a) AMENDMENT.—Subchapter I of chapter 201 is amended by 
inserting after section 20115 the following new section: 
‘‘§ 20116. Rulemaking process 
‘‘No rule or order issued by the Secretary under this part 
shall be effective if it incorporates by reference a code, rule, 
standard, requirement, or practice issued by an association or other 
entity that is not an agency of the Federal Government, unless 
the date on which the code, rule, standard, requirement, or practice 
was adopted is specifically cited in the rule or order, or the code, 
rule, standard, requirement, or practice has been subject to notice 
and comment under a rule or order issued under this part.’’.
H. R. 2095—13 
(b) CONFORMING
AMENDMENT.—The chapter analysis for 
chapter 201 is amended by inserting after the item relating to 
section 20115 the following: 
‘‘20116. Rulemaking process.’’. 
SEC. 108. HOURS-OF-SERVICE REFORM. 
(a) CHANGE
IN DEFINITION
OF SIGNAL EMPLOYEE.—Section 
21101(4) is amended by striking ‘‘employed by a railroad carrier’’. 
(b) LIMITATION ON DUTY HOURS OF TRAIN EMPLOYEES.—Section 
21103 is amended— 
(1) by striking subsection (a) and inserting the following: 
‘‘(a) IN GENERAL.—Except as provided in subsection (d) of this 
section, a railroad carrier and its officers and agents may not 
require or allow a train employee to— 
‘‘(1) remain on duty, go on duty, wait for deadhead transpor-
tation, be in deadhead transportation from a duty assignment 
to the place of final release, or be in any other mandatory 
service for the carrier in any calendar month where the 
employee has spent a total of 276 hours— 
‘‘(A) on duty; 
‘‘(B) waiting for deadhead transportation, or in 
deadhead transportation from a duty assignment to the 
place of final release; or 
‘‘(C) in any other mandatory service for the carrier; 
‘‘(2) remain or go on duty for a period in excess of 12 
consecutive hours; 
‘‘(3) remain or go on duty unless that employee has had 
at least 10 consecutive hours off duty during the prior 24 
hours; or 
‘‘(4) remain or go on duty after that employee has initiated 
an on-duty period each day for— 
‘‘(A) 6 consecutive days, unless that employee has had 
at least 48 consecutive hours off duty at the employee’s 
home terminal during which time the employee is unavail-
able for any service for any railroad carrier except that— 
‘‘(i) an employee may work a seventh consecutive 
day if that employee completed his or her final period 
of on-duty time on his or her sixth consecutive day 
at a terminal other than his or her home terminal; 
and 
‘‘(ii) any employee who works a seventh consecutive 
day pursuant to subparagraph (i) shall have at least 
72 consecutive hours off duty at the employee’s home 
terminal during which time the employee is unavail-
able for any service for any railroad carrier; or 
‘‘(B) except as provided in subparagraph (A), 7 consecu-
tive days, unless that employee has had at least 72 consecu-
tive hours off duty at the employee’s home terminal during 
which time the employee is unavailable for any service 
for any railroad carrier, if— 
‘‘(i) for a period of 18 months following the date 
of enactment of the Rail Safety Improvement Act of 
2008, an existing collective bargaining agreement 
expressly provides for such a schedule or, following 
the expiration of 18 months after the date of enactment 
of the Rail Safety Improvement Act of 2008, collective
H. R. 2095—14 
bargaining agreements entered into during such period 
expressly provide for such a schedule; 
‘‘(ii) such a schedule is provided for by a pilot 
program authorized by a collective bargaining agree-
ment; or 
‘‘(iii) such a schedule is provided for by a pilot 
program under section 21108 of this chapter related 
to employees’ work and rest cycles. 
The Secretary may waive paragraph (4), consistent with the proce-
dural requirements of section 20103, if a collective bargaining agree-
ment provides a different arrangement and such an arrangement 
is in the public interest and consistent with railroad safety.’’; 
(2) by redesignating subsection (c) as subsection (d) and 
inserting after subsection (b) the following: 
‘‘(c) LIMBO TIME LIMITATION AND ADDITIONAL REST REQUIRE-
MENT.— 
‘‘(1) A railroad carrier may not require or allow an 
employee— 
‘‘(A) to exceed a total of 40 hours per calendar month 
spent— 
‘‘(i) waiting for deadhead transportation; or 
‘‘(ii) in deadhead transportation from a duty 
assignment to the place of final release, 
following a period of 12 consecutive hours on duty that 
is neither time on duty nor time off duty, not including 
interim rest periods, during the period from the date of 
enactment of the Rail Safety Improvement Act of 2008 
to one year after such date of enactment; and 
‘‘(B) to exceed a total of 30 hours per calendar month 
spent— 
‘‘(i) waiting for deadhead transportation; or 
‘‘(ii) in deadhead transportation from a duty 
assignment to the place of final release, 
following a period of 12 consecutive hours on duty that 
is neither time on duty nor time off duty, not including 
interim rest periods, during the period beginning one year 
after the date of enactment of the Rail Safety Improvement 
Act of 2008 except that the Secretary may further limit 
the monthly limitation pursuant to regulations prescribed 
under section 21109. 
‘‘(2) The limitations in paragraph (1) shall apply unless 
the train carrying the employee is directly delayed by— 
‘‘(A) a casualty; 
‘‘(B) an accident; 
‘‘(C) an act of God; 
‘‘(D) a derailment; 
‘‘(E) a major equipment failure that prevents the train 
from advancing; or 
‘‘(F) a delay resulting from a cause unknown and 
unforeseeable to a railroad carrier or its officer or agent 
in charge of the employee when the employee left a ter-
minal. 
‘‘(3) Each railroad carrier shall report to the Secretary, 
in accordance with procedures established by the Secretary, 
each instance where an employee subject to this section spends 
time waiting for deadhead transportation or in deadhead
H. R. 2095—15 
transportation from a duty assignment to the place of final 
release in excess of the requirements of paragraph (1). 
‘‘(4) If— 
‘‘(A) the time spent waiting for deadhead transpor-
tation or in deadhead transportation from a duty assign-
ment to the place of final release that is not time on 
duty, plus 
‘‘(B) the time on duty, 
exceeds 12 consecutive hours, the railroad carrier and its offi-
cers and agents shall provide the employee with additional 
time off duty equal to the number of hours by which such 
sum exceeds 12 hours.’’; and 
(3) by adding at the end thereof the following: 
‘‘(e) COMMUNICATION DURING TIME OFF DUTY.—During a train 
employee’s minimum off-duty period of 10 consecutive hours, as 
provided under subsection (a) or during an interim period of at 
least 4 consecutive hours available for rest under subsection (b)(7) 
or during additional off-duty hours under subsection (c)(4), a rail-
road carrier, and its officers and agents, shall not communicate 
with the train employee by telephone, by pager, or in any other 
manner that could reasonably be expected to disrupt the employee’s 
rest. Nothing in this subsection shall prohibit communication nec-
essary to notify an employee of an emergency situation, as defined 
by the Secretary. The Secretary may waive the requirements of 
this paragraph for commuter or intercity passenger railroads if 
the Secretary determines that such a waiver will not reduce safety 
and is necessary to maintain such railroads’ efficient operations 
and on-time performance of its trains.’’. 
(c) LIMITATION ON DUTY HOURS OF SIGNAL EMPLOYEES.—Sec-
tion 21104 is amended— 
(1) by striking subsection (a) and inserting the following: 
‘‘(a) IN GENERAL.—Except as provided in subsection (c) of this 
section, a railroad carrier and its officers and agents may not 
require or allow its signal employees to remain or go on duty 
and a contractor or subcontractor to a railroad carrier and its 
officers and agents may not require or allow its signal employees 
to remain or go on duty — 
‘‘(1) for a period in excess of 12 consecutive hours; or 
‘‘(2) unless that employee has had at least 10 consecutive 
hours off duty during the prior 24 hours.’’; 
(2) by striking ‘‘duty, except that up to one hour of that 
time spent returning from the final trouble call of a period 
of continuous or broken service is time off duty.’’ in subsection 
(b)(3) and inserting ‘‘duty.’’; 
(3) by inserting ‘‘A signal employee may not be allowed 
to remain or go on duty under the emergency authority provided 
under this subsection to conduct routine repairs, routine 
maintenance, or routine inspection of signal systems.’’ after 
‘‘service.’’ in subsection (c); and 
(4) by adding at the end the following: 
‘‘(d) COMMUNICATION DURING TIME OFF DUTY.—During a signal 
employee’s minimum off-duty period of 10 consecutive hours, as 
provided under subsection (a), a railroad carrier or a contractor 
or subcontractor to a railroad carrier, and its officers and agents, 
shall not communicate with the signal employee by telephone, by 
pager, or in any other manner that could reasonably be expected 
to disrupt the employee’s rest. Nothing in this subsection shall
H. R. 2095—16 
prohibit communication necessary to notify an employee of an emer-
gency situation, as defined by the Secretary. 
‘‘(e) EXCLUSIVITY.—The hours of service, duty hours, and rest 
periods of signal employees shall be governed exclusively by this 
chapter. Signal employees operating motor vehicles shall not be 
subject to any hours of service rules, duty hours or rest period 
rules promulgated by any Federal authority, including the Federal 
Motor Carrier Safety Administration, other than the Federal Rail-
road Administration.’’. 
(d) ALTERNATE HOURS OF SERVICE REGIME.— 
(1) APPLICATION OF HOURS OF SERVICE REGIME.—Section 
21102 is amended— 
(A) by striking the section caption and inserting the 
following: 
‘‘§ 21102. Nonapplication, exemption, and alternate hours of 
service regime’’; and 
(B) by adding at the end thereof the following: 
‘‘(c) APPLICATION OF HOURS OF SERVICE REGIME TO COMMUTER 
AND INTERCITY PASSENGER RAILROAD TRAIN EMPLOYEES.— 
‘‘(1) When providing commuter rail passenger transpor-
tation or intercity rail passenger transportation, the limitations 
on duty hours for train employees of railroad carriers, including 
public authorities operating passenger service, shall be solely 
governed by old section 21103 until the earlier of— 
‘‘(A) the effective date of regulations prescribed by the 
Secretary under section 21109(b) of this chapter; or 
‘‘(B) the date that is 3 years following the date of 
enactment of the Rail Safety Improvement Act of 2008. 
‘‘(2) After the date on which old section 21103 ceases to 
apply, pursuant to paragraph (1), to the limitations on duty 
hours for train employees of railroad carriers with respect 
to the provision of commuter rail passenger transportation or 
intercity rail passenger transportation, the limitations on duty 
hours for train employees of such railroad carriers shall be 
governed by new section 21103, except as provided in paragraph 
(3). 
‘‘(3) After the effective date of the regulations prescribed 
by the Secretary under section 21109(b) of this title, such 
carriers shall— 
‘‘(A) comply with the limitations on duty hours for 
train employees with respect to the provision of commuter 
rail passenger transportation or intercity rail passenger 
transportation as prescribed by such regulations; and 
‘‘(B) be exempt from complying with the provisions 
of old section 21103 and new section 21103 for such 
employees. 
‘‘(4) In this subsection: 
‘‘(A) The terms ‘commuter rail passenger transpor-
tation’ and ‘intercity rail passenger transportation’ have 
the meaning given those terms in section 24102 of this 
title. 
‘‘(C) The term ‘new section 21103’ means section 21103 
of this chapter as amended by the Rail Safety Improvement 
Act of 2008.
H. R. 2095—17 
‘‘(D) The term ‘old section 21103’ means section 21103 
of this chapter as it was in effect on the day before the 
enactment of that Act.’’. 
(2) CONFORMING AMENDMENT.—The chapter analysis for 
chapter 211 is amended by striking the item relating to section 
21102 and inserting the following: 
‘‘21102. Nonapplication, exemption, and alternate hours of service regime.’’. 
(e) REGULATORY AUTHORITY.— 
(1) IN GENERAL.—Chapter 211 is amended by adding at 
the end thereof the following: 
‘‘§ 21109. Regulatory authority 
‘‘(a) IN GENERAL.—In order to improve safety and reduce 
employee fatigue, the Secretary may prescribe regulations— 
‘‘(1) to reduce the maximum hours an employee may be 
required or allowed to go or remain on duty to a level less 
than the level established under this chapter; 
‘‘(2) to increase the minimum hours an employee may be 
required or allowed to rest to a level greater than the level 
established under this chapter; 
‘‘(3) to limit or eliminate the amount of time an employee 
spends waiting for deadhead transportation or in deadhead 
transportation from a duty assignment to the place of final 
release that is considered neither on duty nor off duty under 
this chapter; 
‘‘(4) for signal employees— 
‘‘(A) to limit or eliminate the amount of time that 
is considered to be neither on duty nor off duty under 
this chapter that an employee spends returning from an 
outlying worksite after scheduled duty hours or returning 
from a trouble call to the employee’s headquarters or 
directly to the employee’s residence; and 
‘‘(B) to increase the amount of time that constitutes 
a release period, that does not break the continuity of 
service and is considered time off duty; and 
‘‘(5) to require other changes to railroad operating and 
scheduling practices, including unscheduled duty calls, that 
could affect employee fatigue and railroad safety. 
‘‘(b) REGULATIONS GOVERNING THE HOURS OF SERVICE OF TRAIN 
EMPLOYEES OF COMMUTER AND INTERCITY PASSENGER RAILROAD 
CARRIERS.—Within 3 years after the date of enactment of the Rail 
Safety Improvement Act of 2008, the Secretary shall prescribe regu-
lations and issue orders to establish hours of service requirements 
for train employees engaged in commuter rail passenger transpor-
tation and intercity rail passenger transportation (as defined in 
section 24102 of this title) that may differ from the requirements 
of this chapter. Such regulations and orders may address railroad 
operating and scheduling practices, including unscheduled duty 
calls, communications during time off duty, and time spent waiting 
for deadhead transportation or in deadhead transportation from 
a duty assignment to the place of final release, that could affect 
employee fatigue and railroad safety. 
‘‘(c) CONSIDERATIONS.—In issuing regulations under subsection 
(a) the Secretary shall consider scientific and medical research 
related to fatigue and fatigue abatement, railroad scheduling and 
operating practices that improve safety or reduce employee fatigue,
H. R. 2095—18 
a railroad’s use of new or novel technology intended to reduce 
or eliminate human error, the variations in freight and passenger 
railroad scheduling practices and operating conditions, the vari-
ations in duties and operating conditions for employees subject 
to this chapter, a railroad’s required or voluntary use of fatigue 
management plans covering employees subject to this chapter, and 
any other relevant factors. 
‘‘(d) TIME LIMITS.— 
‘‘(1) If the Secretary determines that regulations are nec-
essary under subsection (a), the Secretary shall first request 
that the Railroad Safety Advisory Committee develop proposed 
regulations and, if the Committee accepts the task, provide 
the Committee with a reasonable time period in which to com-
plete the task. 
‘‘(2) If the Secretary requests that the Railroad Safety 
Advisory Committee accept the task of developing regulations 
under subsection (b) and the Committee accepts the task, the 
Committee shall reach consensus on the rulemaking within 
18 months after accepting the task. If the Committee does 
not reach consensus within 18 months after the Secretary 
makes the request, the Secretary shall prescribe appropriate 
regulations within 18 months. 
‘‘(3) If the Secretary does not request that the Railroad 
Safety Advisory Committee accept the task of developing regu-
lations under subsection (b), the Secretary shall prescribe regu-
lations within 3 years after the date of enactment of the Rail 
Safety Improvement Act of 2008. 
‘‘(e) PILOT PROJECTS.— 
‘‘(1) IN GENERAL.—Not later than 2 years after the date 
of enactment of the Rail Safety Improvement Act of 2008, 
the Secretary shall conduct at least 2 pilot projects of sufficient 
size and scope to analyze specific practices which may be used 
to reduce fatigue for train and engine and other railroad 
employees as follows: 
‘‘(A) A pilot project at a railroad or railroad facility 
to evaluate the efficacy of communicating to employees 
notice of their assigned shift time 10 hours prior to the 
beginning of their assigned shift as a method for reducing 
employee fatigue. 
‘‘(B) A pilot project at a railroad or railroad facility 
to evaluate the efficacy of requiring railroads who use 
employee scheduling practices that subject employees to 
periods of unscheduled duty calls to assign employees to 
defined or specific unscheduled call shifts that are followed 
by shifts not subject to call, as a method for reducing 
employee fatigue. 
‘‘(2) WAIVER.—The Secretary may temporarily waive the 
requirements of this section, if necessary, to complete a pilot 
project under this subsection. 
‘‘(f) DUTY CALL DEFINED.—In this section the term ‘duty call’ 
means a telephone call that a railroad places to an employee to 
notify the employee of his or her assigned shift time.’’. 
(2) CONFORMING AMENDMENTS.— 
(A) The chapter analysis for chapter 211 is amended 
by adding at the end thereof the following: 
‘‘21109. Regulatory authority.’’.
H. R. 2095—19 
(B) The first sentence of section 21303(a)(1) is amended 
by inserting ‘‘including section 21103 (as such section was 
in effect on the day before the date of enactment of the 
Rail Safety Improvement Act of 2008),’’ after ‘‘this title,’’ 
the second place it appears. 
(f) RECORD KEEPING AND REPORTING.— 
(1) REGULATIONS.—Not later than 180 days after the date 
of enactment of this Act, the Secretary shall prescribe a regula-
tion revising the requirements for recordkeeping and reporting 
for Hours of Service of Railroad Employees contained in part 
228 of title 49, Code of Federal Regulations— 
(A) to adjust record keeping and reporting require-
ments to support compliance with chapter 211 of title 49, 
United States Code, as amended by this Act; 
(B) to authorize electronic record keeping, and 
reporting of excess service, consistent with appropriate 
considerations for user interface; and 
(C) to require training of affected employees and super-
visors, including training of employees in the entry of hours 
of service data. 
(2) PROCEDURE.—In lieu of issuing a notice of proposed 
rulemaking as contemplated by section 553 of title 5, United 
States Code, the Secretary may utilize the Railroad Safety 
Advisory Committee to assist in development of the regulation. 
The Secretary may propose and adopt amendments to the 
revised regulations thereafter as may be necessary in light 
of experience under the revised requirements. 
(g) DELAY IN IMPLEMENTATION OF DUTY HOURS LIMITATION 
CHANGES.—The amendments made by subsections (a), (b), and (c) 
shall take effect 9 months after the date of enactment of this 
Act. 
SEC. 109. PROTECTION OF RAILROAD SAFETY RISK ANALYSES 
INFORMATION. 
(a) AMENDMENT.—Subchapter I of chapter 201 is amended by 
adding at the end thereof the following: 
‘‘§ 20118. Prohibition on public disclosure of railroad safety 
analysis records 
‘‘(a) IN GENERAL.—Except as necessary for the Secretary of 
Transportation or another Federal agency to enforce or carry out 
any provision of Federal law, any part of any record (including, 
but not limited to, a railroad carrier’s analysis of its safety risks 
and its statement of the mitigation measures it has identified 
with which to address those risks) that the Secretary has obtained 
pursuant to a provision of, or regulation or order under, this chapter 
related to the establishment, implementation, or modification of 
a railroad safety risk reduction program or pilot program is exempt 
from the requirements of section 552 of title 5 if the record is— 
‘‘(1) supplied to the Secretary pursuant to that safety risk 
reduction program or pilot program; or 
‘‘(2) made available for inspection and copying by an officer, 
employee, or agent of the Secretary pursuant to that safety 
risk reduction program or pilot program. 
‘‘(b) EXCEPTION.—Notwithstanding subsection (a), the Secretary 
may disclose any part of any record comprised of facts otherwise 
available to the public if, in the Secretary’s sole discretion, the
H. R. 2095—20 
Secretary determines that disclosure would be consistent with the 
confidentiality needed for that safety risk reduction program or 
pilot program. 
‘‘(c) DISCRETIONARY PROHIBITION
OF DISCLOSURE.—The Sec-
retary may prohibit the public disclosure of risk analyses or risk 
mitigation analyses that the Secretary has obtained under other 
provisions of, or regulations or orders under, this chapter if the 
Secretary determines that the prohibition of public disclosure is 
necessary to promote railroad safety. 
‘‘§ 20119. Study on use of certain reports and surveys 
‘‘(a) STUDY.—The Federal Railroad Administration shall com-
plete a study to evaluate whether it is in the public interest, 
including public safety and the legal rights of persons injured 
in railroad accidents, to withhold from discovery or admission into 
evidence in a Federal or State court proceeding for damages 
involving personal injury or wrongful death against a carrier any 
report, survey, schedule, list, or data compiled or collected for 
the purpose of evaluating, planning, or implementing a railroad 
safety risk reduction program required under this chapter, including 
a railroad carrier’s analysis of its safety risks and its statement 
of the mitigation measures with which it will address those risks. 
In conducting this study, the Secretary shall solicit input from 
the railroads, railroad non-profit employee labor organizations, rail-
road accident victims and their families, and the general public. 
‘‘(b) AUTHORITY.—Following completion of the study required 
under subsection (a), the Secretary, if in the public interest, 
including public safety and the legal rights of persons injured 
in railroad accidents, may prescribe a rule subject to notice and 
comment to address the results of the study. Any such rule pre-
scribed pursuant to this subsection shall not become effective until 
1 year after its adoption.’’. 
(b) CONFORMING
AMENDMENT.—The chapter analysis for 
chapter 201 is amended by inserting after the item relating to 
section 20117 the following: 
‘‘20118. Prohibition on public disclosure of railroad safety analysis records. 
‘‘20119. Study on use of certain reports and surveys.’’. 
SEC. 110. PILOT PROJECTS. 
Section 21108 is amended to read as follows: 
‘‘§ 21108. Pilot projects 
‘‘(a) IN GENERAL.—As of the date of enactment of the Rail 
Safety Improvement Act of 2008, a railroad carrier or railroad 
carriers and all nonprofit employee labor organizations representing 
any class or craft of directly affected covered service employees 
of the railroad carrier or railroad carriers, may jointly petition 
the Secretary of Transportation for approval of— 
‘‘(1) a waiver of compliance with this chapter as in effect 
on the date of enactment of the Rail Safety Improvement Act 
of 2008; or 
‘‘(2) a waiver of compliance with this chapter as it will 
be effective 9 months after the enactment of the Rail Safety 
Improvement Act of 2008, 
to enable the establishment of one or more pilot projects to dem-
onstrate the possible benefits of implementing alternatives to the 
strict application of the requirements of this chapter, including
H. R. 2095—21 
requirements concerning maximum on-duty and minimum off-duty 
periods. 
‘‘(b) GRANTING OF WAIVERS.—The Secretary may, after notice 
and opportunity for comment, approve such waivers described in 
subsection (a) for a period not to exceed two years, if the Secretary 
determines that such a waiver of compliance is in the public interest 
and is consistent with railroad safety. 
‘‘(c) EXTENSIONS.—Any such waiver, based on a new petition, 
may be extended for additional periods of up to two years, after 
notice and opportunity for comment. An explanation of any waiver 
granted under this section shall be published in the Federal Reg-
ister. 
‘‘(d) REPORT.—The Secretary of Transportation shall submit 
to the Committee on Commerce, Science, and Transportation of 
the Senate and the Committee on Transportation and Infrastructure 
of the House of Representatives, no later than December 31, 2012, 
or, if no projects are completed prior to December 31, 2012, no 
later than 6 months after the completion of a pilot project, a 
report that— 
‘‘(1) explains and analyzes the effectiveness of any pilot 
project established pursuant to a waiver granted under sub-
section (a); 
‘‘(2) describes the status of all other waivers granted under 
subsection (a) and their related pilot projects, if any; and 
‘‘(3) recommends any appropriate legislative changes to 
this chapter. 
‘‘(e) DEFINITION.—For purposes of this section, the term ‘directly 
affected covered service employees’ means covered service employees 
to whose hours of service the terms of the waiver petitioned for 
specifically apply.’’. 
TITLE 
II—HIGHWAY-RAIL 
GRADE 
CROSSING AND PEDESTRIAN SAFETY 
AND TRESPASSER PREVENTION 
SEC. 201. PEDESTRIAN CROSSING SAFETY. 
Not later than 1 year after the date of enactment of this 
Act, the Secretary shall provide guidance to railroads on strategies 
and methods to prevent pedestrian accidents, incidents, injuries, 
and fatalities at or near passenger stations, including— 
(1) providing audible warning of approaching trains to the 
pedestrians at railroad passenger stations; 
(2) using signs, signals, or other visual devices to warn 
pedestrians of approaching trains; 
(3) installing infrastructure at pedestrian crossings to 
improve the safety of pedestrians crossing railroad tracks; 
(4) installing fences to prohibit access to railroad tracks; 
and 
(5) other strategies or methods as determined by the Sec-
retary. 
SEC. 202. STATE ACTION PLANS. 
(a) IN GENERAL.—Not later than 1 year after the date of enact-
ment of this Act, the Secretary shall identify the 10 States that
H. R. 2095—22 
have had the most highway-rail grade crossing collisions, on aver-
age, over the past 3 years and require those States to develop 
a State grade crossing action plan within a reasonable period of 
time, as determined by the Secretary. The plan shall identify specific 
solutions for improving safety at crossings, including highway-rail 
grade crossing closures or grade separations, and shall focus on 
crossings that have experienced multiple accidents or are at high 
risk for such accidents. The Secretary shall provide assistance to 
the States in developing and carrying out, as appropriate, the 
plan. The plan may be coordinated with other State or Federal 
planning requirements and shall cover a period of time determined 
to be appropriate by the Secretary. The Secretary may condition 
the awarding of any grants under section 20158, 20167, or 22501 
of title 49, United States Code, to a State identified under this 
section on the development of such State’s plan. 
(b) REVIEW AND APPROVAL.—Not later than 60 days after the 
Secretary receives a plan under subsection (a), the Secretary shall 
review and approve or disapprove it. If the proposed plan is dis-
approved, the Secretary shall notify the affected State as to the 
specific areas in which the proposed plan is deficient, and the 
State shall correct all deficiencies within 30 days following receipt 
of written notice from the Secretary. 
SEC. 203. IMPROVEMENTS TO SIGHT DISTANCE AT HIGHWAY-RAIL 
GRADE CROSSINGS. 
(a) IN GENERAL.—Subchapter II of chapter 201, as amended 
by section 105 of this division, is further amended by inserting 
after section 20158 the following: 
‘‘§ 20159. Roadway user sight distance at highway-rail grade 
crossings 
‘‘Not later than 18 months after the date of enactment of 
the Rail Safety Improvement Act of 2008, the Secretary, after 
consultation with the Federal Railroad Administration, the Federal 
Highway Administration, and States, shall develop and make avail-
able to States model legislation providing for improving safety by 
addressing sight obstructions, including vegetation growth, topo-
graphic features, structures, and standing railroad equipment, at 
highway-rail grade crossings that are equipped solely with passive 
warnings, as recommended by the Inspector General of the Depart-
ment of Transportation in Report No. MH–2007–044.’’. 
(b) CONFORMING
AMENDMENT.—The chapter analysis for 
chapter 201, as amended by section 105 of this division, is amended 
by inserting after the item relating to section 20158 the following 
new item: 
‘‘20159. Roadway user sight distance at highway-rail grade crossings.’’. 
SEC. 204. NATIONAL CROSSING INVENTORY. 
(a) IN GENERAL.—Subchapter II of chapter 201, as amended 
by section 203 of this division, is further amended by adding at 
the end the following new section: 
‘‘§ 20160. National crossing inventory 
‘‘(a) INITIAL REPORTING OF INFORMATION ABOUT PREVIOUSLY 
UNREPORTED CROSSINGS.—Not later than 1 year after the date 
of enactment of the Rail Safety Improvement Act of 2008 or 6
H. R. 2095—23 
months after a new crossing becomes operational, whichever occurs 
later, each railroad carrier shall— 
‘‘(1) report to the Secretary of Transportation current 
information, including information about warning devices and 
signage, as specified by the Secretary, concerning each pre-
viously unreported crossing through which it operates or with 
respect to the trackage over which it operates; or 
‘‘(2) ensure that the information has been reported to the 
Secretary by another railroad carrier that operates through 
the crossing. 
‘‘(b) UPDATING OF CROSSING INFORMATION.— 
‘‘(1) On a periodic basis beginning not later than 2 years 
after the date of enactment of the Rail Safety Improvement 
Act of 2008 and on or before September 30 of every year 
thereafter, or as otherwise specified by the Secretary, each 
railroad carrier shall— 
‘‘(A) report to the Secretary current information, including 
information about warning devices and signage, as specified 
by the Secretary, concerning each crossing through which it 
operates or with respect to the trackage over which it operates; 
or 
‘‘(B) ensure that the information has been reported to the 
Secretary by another railroad carrier that operates through 
the crossing. 
‘‘(2) A railroad carrier that sells a crossing or any part of 
a crossing on or after the date of enactment of the Rail Safety 
Improvement Act of 2008 shall, not later than the date that is 
18 months after the date of enactment of that Act or 3 months 
after the sale, whichever occurs later, or as otherwise specified 
by the Secretary, report to the Secretary current information, as 
specified by the Secretary, concerning the change in ownership 
of the crossing or part of the crossing. 
‘‘(c) RULEMAKING AUTHORITY.—The Secretary shall prescribe 
the regulations necessary to implement this section. The Secretary 
may enforce each provision of the Department of Transportation’s 
statement of the national highway-rail crossing inventory policy, 
procedures, and instruction for States and railroads that is in 
effect on the date of enactment of the Rail Safety Improvement 
Act of 2008, until such provision is superseded by a regulation 
issued under this section. 
‘‘(d) DEFINITIONS.—In this section: 
‘‘(1) CROSSING.—The term ‘crossing’ means a location within 
a State, other than a location where one or more railroad 
tracks cross one or more railroad tracks either at grade or 
grade-separated, where— 
‘‘(A) a public highway, road, or street, or a private 
roadway, including associated sidewalks and pathways, 
crosses one or more railroad tracks either at grade or 
grade-separated; or 
‘‘(B) a pathway explicitly authorized by a public 
authority or a railroad carrier that is dedicated for the 
use of nonvehicular traffic, including pedestrians, bicyclists, 
and others, that is not associated with a public highway, 
road, or street, or a private roadway, crosses one or more 
railroad tracks either at grade or grade-separated.
H. R. 2095—24 
‘‘(2) STATE.—The term ‘State’ means a State of the United 
States, the District of Columbia, or the Commonwealth of 
Puerto Rico.’’. 
(b) CONFORMING
AMENDMENT.—The chapter analysis for 
chapter 201, as amended by section 203 of this division, is amended 
by inserting after the item relating to section 20159 the following: 
‘‘20160. National crossing inventory.’’. 
(c) REPORTING AND UPDATING.—Section 130 of title 23, United 
States Code, is amended by adding at the end the following: 
‘‘(l) NATIONAL CROSSING INVENTORY.— 
‘‘(1) INITIAL REPORTING OF CROSSING INFORMATION.—Not 
later than 1 year after the date of enactment of the Rail 
Safety Improvement Act of 2008 or within 6 months of a new 
crossing becoming operational, whichever occurs later, each 
State shall report to the Secretary of Transportation current 
information, including information about warning devices and 
signage, as specified by the Secretary, concerning each pre-
viously unreported public crossing located within its borders. 
‘‘(2) PERIODIC UPDATING OF CROSSING INFORMATION.—On 
a periodic basis beginning not later than 2 years after the 
date of enactment of the Rail Safety Improvement Act of 2008 
and on or before September 30 of every year thereafter, or 
as otherwise specified by the Secretary, each State shall report 
to the Secretary current information, including information 
about warning devices and signage, as specified by the Sec-
retary, concerning each public crossing located within its bor-
ders. 
‘‘(3) RULEMAKING
AUTHORITY.—The Secretary shall pre-
scribe the regulations necessary to implement this subsection. 
The Secretary may enforce each provision of the Department 
of Transportation’s statement of the national highway-rail 
crossing inventory policy, procedures, and instructions for 
States and railroads that is in effect on the date of enactment 
of the Rail Safety Improvement Act of 2008, until such provision 
is superseded by a regulation issued under this subsection. 
‘‘(4) DEFINITIONS.—In this subsection— 
‘‘(A) ‘public crossing’ means a location within a State, 
other than a location where one or more railroad tracks 
cross one or more railroad tracks either at grade or grade- 
separated, where— 
‘‘(i) a public highway, road, or street, including 
associated sidewalks and pathways, crosses one or 
more railroad tracks either at grade or grade-sepa-
rated; or 
‘‘(ii) a publicly owned pathway explicitly authorized 
by a public authority or a railroad carrier and dedicated 
for the use of non-vehicular traffic, including pedes-
trians, bicyclists, and others, that is not associated 
with a public highway, road, or street, or a private 
roadway, crosses one or more railroad tracks either 
at grade or grade-separated; and 
‘‘(B) ‘State’ means a State of the United States, the 
District of Columbia, or Puerto Rico.’’. 
(d) CIVIL PENALTIES.— 
(1) Section 21301(a)(1) is amended—
H. R. 2095—25 
(A) by inserting ‘‘with section 20160 or’’ after ‘‘comply’’ 
in the first sentence; and 
(B) by inserting ‘‘section 20160 of this title or’’ after 
‘‘violating’’ in the second sentence. 
(2) Section 21301(a)(2) is amended by inserting ‘‘The Sec-
retary shall impose a civil penalty for a violation of section 
20160 of this title.’’ after the first sentence. 
SEC. 205. TELEPHONE NUMBER TO REPORT GRADE CROSSING PROB-
LEMS. 
(a) IN GENERAL.—Section 20152 is amended to read as follows: 
‘‘§ 20152. Notification of grade crossing problems 
‘‘(a) IN GENERAL.—Not later than 18 months after the date 
of enactment of the Rail Safety Improvement Act of 2008, the 
Secretary of Transportation shall require each railroad carrier to— 
‘‘(1) establish and maintain a toll-free telephone service 
for rights-of-way over which it dispatches trains, to directly 
receive calls reporting— 
‘‘(A) malfunctions of signals, crossing gates, and other 
devices to promote safety at the grade crossing of railroad 
tracks on those rights-of-way and public or private roads; 
‘‘(B) disabled vehicles blocking railroad tracks at such 
grade crossings; 
‘‘(C) obstructions to the view of a pedestrian or a vehicle 
operator for a reasonable distance in either direction of 
a train’s approach; or 
‘‘(D) other safety information involving such grade 
crossings; 
‘‘(2) upon receiving a report pursuant to paragraph (1)(A) 
or (B), immediately contact trains operating near the grade 
crossing to warn them of the malfunction or disabled vehicle; 
‘‘(3) upon receiving a report pursuant to paragraph (1)(A) 
or (B), and after contacting trains pursuant to paragraph (2), 
contact, as necessary, appropriate public safety officials having 
jurisdiction over the grade crossing to provide them with the 
information necessary for them to direct traffic, assist in the 
removal of the disabled vehicle, or carry out other activities 
as appropriate; 
‘‘(4) upon receiving a report pursuant to paragraph (1)(C) 
or (D), timely investigate the report, remove the obstruction 
if possible, or correct the unsafe circumstance; and 
‘‘(5) ensure the placement at each grade crossing on rights- 
of-way that it owns of appropriately located signs, on which 
shall appear, at a minimum— 
‘‘(A) a toll-free telephone number to be used for placing 
calls described in paragraph (1) to the railroad carrier 
dispatching trains on that right-of-way; 
‘‘(B) an explanation of the purpose of that toll-free 
telephone number; and 
‘‘(C) the grade crossing number assigned for that 
crossing by the National Highway-Rail Crossing Inventory 
established by the Department of Transportation. 
‘‘(b) WAIVER.—The Secretary may waive the requirement that 
the telephone service be toll-free for Class II and Class III rail 
carriers if the Secretary determines that toll-free service would 
be cost prohibitive or unnecessary.’’.
H. R. 2095—26 
(b) CONFORMING
AMENDMENT.—The chapter analysis for 
chapter 201 is amended by striking the item relating to section 
20152 and inserting the following: 
‘‘20152. Notification of grade crossing problems.’’. 
SEC. 206. OPERATION LIFESAVER. 
(a) GRANT.—The Federal Railroad Administration shall make 
a grant or grants to Operation Lifesaver to carry out a public 
information and education program to help prevent and reduce 
pedestrian, motor vehicle, and other accidents, incidents, injuries, 
and fatalities, and to improve awareness along railroad rights- 
of-way and at highway-rail grade crossings. The program shall 
include, as appropriate, development, placement, and dissemination 
of Public Service Announcements in newspaper, radio, television, 
and other media. The program shall also include, as appropriate, 
school presentations, brochures and materials, support for public 
awareness campaigns, and related support for the activities of Oper-
ation Lifesaver’s member organizations. As part of an educational 
program funded by grants awarded under this section, Operation 
Lifesaver shall provide information to the public on how to identify 
and report to the appropriate authorities unsafe or malfunctioning 
highway-rail grade crossings. 
(b) PILOT PROGRAM.—The Secretary may allow funds provided 
under subsection (a) also to be used by Operation Lifesaver to 
implement a pilot program, to be known as the Railroad Safety 
Public Awareness Program, that addresses the need for targeted 
and sustained community outreach on the subjects described in 
subsection (a). Such a pilot program shall be established in 1 
or more States identified under section 202 of this division. In 
carrying out such a pilot program Operation Lifesaver shall work 
with the State, community leaders, school districts, and public 
and private partners to identify the communities at greatest risk, 
to develop appropriate measures to reduce such risks, and shall 
coordinate the pilot program with the State grade crossing action 
plan. 
(c) AUTHORIZATION OF APPROPRIATIONS.—There are authorized 
to be appropriated to the Federal Railroad Administration for car-
rying out this section— 
(1) $2,000,000 for each of fiscal years 2010 and 2011; and 
(2) $1,500,000 for each of fiscal years 2012 and 2013. 
SEC. 207. FEDERAL GRANTS TO STATES FOR HIGHWAY-RAIL GRADE 
CROSSING SAFETY. 
(a) IN GENERAL.—Part B of subtitle V is amended by adding 
at the end thereof the following: 
‘‘CHAPTER 225—FEDERAL GRANTS TO STATES FOR 
HIGHWAY-RAIL GRADE CROSSING SAFETY 
‘‘Sec. 
‘‘22501. Financial assistance to States for certain projects. 
‘‘22502. Distribution. 
‘‘22503. Standards for awarding grants. 
‘‘22504. Use of funds. 
‘‘22505. Authorization of appropriations. 
‘‘§ 22501. Financial assistance to States for certain projects 
‘‘The Secretary of Transportation shall make grants—
H. R. 2095—27 
‘‘(1) to a maximum of 3 States per year for development 
or continuance of enhanced public education and awareness 
activities, in combination with targeted law enforcement, to 
significantly reduce violations of traffic laws at highway-rail 
grade crossings and to help prevent and reduce injuries and 
fatalities along railroad rights-of-way; and 
‘‘(2) to provide for priority highway-rail grade crossing 
safety improvements, including the installation, repair, or 
improvement of— 
‘‘(A) railroad crossing signals, gates, and related tech-
nologies, including median barriers and four quadrant 
gates; 
‘‘(B) highway traffic signalization, including highway 
signals tied to railroad signal systems; 
‘‘(C) highway lighting and crossing approach signage; 
‘‘(D) 
roadway 
improvements, 
including 
railroad 
crossing panels and surfaces; and 
‘‘(E) related work to mitigate dangerous conditions. 
‘‘§ 22502. Distribution 
‘‘The Secretary shall provide the grants to the State agency 
or agencies responsible for highway-rail grade crossing safety. 
‘‘§ 22503. Standards for awarding grants 
‘‘(a) SECTION 22501(1) GRANTS.—The Secretary shall provide 
grants under section 22501(1) based upon the merits of the proposed 
program of activities provided by the State and upon a determina-
tion of where the grants will provide the greatest safety benefits. 
The Secretary may give priority to States that have developed 
and implemented a State grade crossing action plan, as described 
under section 202 of the Rail Safety Improvement Act of 2008. 
‘‘(b) SECTION 22501(2) GRANTS.—The Secretary shall provide 
grants to State and local governments under section 22501(2) to 
provide priority grade crossing safety improvements on an expedited 
basis at a location where there has been a highway-rail grade 
crossing collision within the previous two years involving major 
loss of life or multiple serious bodily injuries. 
‘‘§ 22504. Use of funds 
‘‘(a) IN GENERAL.—Any State receiving a grant under section 
22501(1) shall use the funds to develop, implement, and continue 
to measure the effectiveness of a dedicated program of public edu-
cation and enforcement of highway-rail crossing safety laws and 
to prevent casualties along railroad rights-of-way. The Secretary 
may not make a grant under this chapter available to assist a 
State or political subdivision thereof in establishing or continuing 
a quiet zone pursuant to part 222 of title 49, Code of Federal 
Regulations. 
‘‘(b) MAXIMUM GRANT AMOUNT UNDER SECTION 22501(2).—No 
grant awarded under section 22501(2) may exceed $250,000. 
‘‘§ 22505. Authorization of appropriations 
‘‘There are authorized to be appropriated to the Secretary 
$1,500,000 for each of fiscal years 2010 through 2013 to carry 
out the provisions of section 22501(1) of this chapter. There are 
authorized to be appropriated to the Secretary $1,500,000 for each 
of fiscal years 2010 through 2013 to carry out the provisions of
H. R. 2095—28 
section 22501(2) of this chapter. Amounts appropriated pursuant 
to this section shall remain available until expended.’’. 
(b) CONFORMING AMENDMENT.—The subtitle analysis for sub-
title V is amended by inserting after the item relating to chapter 
223 the following: 
‘‘225. Federal grants to States for highway-rail grade crossing safety ..............22501’’. 
SEC. 208. TRESPASSER PREVENTION AND HIGHWAY-RAIL GRADE 
CROSSING SAFETY. 
(a) TRESPASSER
PREVENTION
AND
HIGHWAY-RAIL
GRADE 
CROSSING WARNING SIGN VIOLATIONS.—Section 20151 is amended— 
(1) by striking the section heading and inserting the fol-
lowing: 
‘‘§ 20151. Railroad trespassing, vandalism, and highway-rail 
grade crossing warning sign violation prevention 
strategy’’; 
(2) by striking subsection (a) and inserting the following: 
‘‘(a) EVALUATION
OF EXISTING LAWS.—In consultation with 
affected parties, the Secretary of Transportation shall evaluate and 
review current local, State, and Federal laws regarding trespassing 
on railroad property, vandalism affecting railroad safety, and viola-
tions of highway-rail grade crossing signs, signals, markings, or 
other warning devices and develop model prevention strategies 
and enforcement laws to be used for the consideration of State 
and local legislatures and governmental entities. The first such 
evaluation and review shall be completed within 1 year after the 
date of enactment of the Rail Safety Improvement Act of 2008. 
The Secretary shall revise the model prevention strategies and 
enforcement codes periodically.’’; 
(3) by inserting ‘‘FOR TRESPASSING AND VANDALISM PREVEN-
TION’’ in the subsection heading of subsection (b) after ‘‘OUT-
REACH PROGRAM’’; 
(4) in subsection (c)— 
(A) by redesignating paragraphs (1) and (2) as subpara-
graphs (A) and (B), respectively; 
(B) by inserting ‘‘(1)’’ after ‘‘MODEL LEGISLATION.— 
’’; and 
(C) by adding at the end the following new paragraph: 
‘‘(2) Not later than 18 months after the date of enactment 
of the Rail Safety Improvement Act of 2008, the Secretary, after 
consultation with State and local governments and railroad carriers, 
shall develop and make available to State and local governments 
model State legislation providing for civil or criminal penalties, 
or both, for violations of highway-rail grade crossing signs, signals, 
markings, or other warning devices.’’; and 
(5) by adding at the end the following new subsection: 
‘‘(d) DEFINITION.—In this section, the term ‘violation of high-
way-rail grade crossing signs, signals, markings, or other warning 
devices’ includes any action by a motorist, unless directed by an 
authorized safety officer— 
‘‘(1) to drive around a grade crossing gate in a position 
intended to block passage over railroad tracks; 
‘‘(2) to drive through a flashing grade crossing signal; 
‘‘(3) to drive through a grade crossing with passive warning 
signs without ensuring that the grade crossing could be safely 
crossed before any train arrived; and