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devices, lowering roadway speed, or installing traffic 
calming devices). 
‘‘(c) NO
PREEMPTION.—Notwithstanding section 
20106, subsections (a) and (b) of this section do not pro-
hibit a State from continuing in force, or from enacting, 
a law, regulation, or order requiring the removal of ob-
structive vegetation from a railroad right-of-way for safety 
reasons that is more stringent than the requirements of 
the regulations prescribed pursuant to this section. 
‘‘(d) MODEL
LEGISLATION.—Not later than 18 
months after the date of enactment of the Federal Rail-
road Safety Improvement Act of 2007, the Secretary, after 
consultation with the Federal Railroad Safety Administra-
tion, the Federal Highway Administration, and States, 
shall develop and make available to States model legisla-
tion providing for improving safety by addressing sight ob-
structions at highway-rail grade crossings that are 
equipped solely with passive warnings, such as permanent 
structures, temporary structures, and standing railroad 
equipment, as recommended by the Inspector General of 
the Department of Transportation in Report No. MH– 
2007–044.’’. 
(b) CONFORMING AMENDMENT.—The table of sec-
tions for such subchapter II of chapter 201 is amended 
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by inserting after the item relating to section 20155 the 
following new item: 
‘‘20156. Roadway user sight distance at highway-rail grade crossings.’’. 
SEC. 403. GRADE CROSSING SIGNAL VIOLATIONS. 
(a) AMENDMENTS.—Section 20151 of title 49, 
United States Code, is amended— 
(1) by amending the section heading to read as 
follows: 
‘‘§ 20151. Railroad trespassing, vandalism, and signal 
violation prevention strategy’’; 
(2) in subsection (a)— 
(A) by striking ‘‘and vandalism affecting 
railroad safety’’ and inserting in lieu thereof ‘‘, 
vandalism affecting railroad safety, and viola-
tions of grade crossing signals’’; 
(B) by inserting ‘‘, concerning trespassing 
and vandalism,’’ after ‘‘such evaluation and re-
view’’; and 
(C) by inserting ‘‘The second such evalua-
tion and review, concerning violations of grade 
crossing signals, shall be completed before April 
1, 2008.’’ after ‘‘November 2, 1994.’’; 
(3) in the subsection heading of subsection (b), 
by inserting ‘‘FOR TRESPASSING AND VANDALISM 
PREVENTION’’ after ‘‘OUTREACH PROGRAM’’; 
(4) in subsection (c)— 
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(A) by redesignating paragraphs (1) and 
(2) as subparagraphs (A) and (B), respectively; 
(B) by inserting ‘‘(1)’’ after ‘‘MODEL LEG-
ISLATION.—’’; and 
(C) by adding at the end the following new 
paragraph: 
‘‘(2) Within 18 months after the date of enactment 
of the Federal Railroad Safety Improvement Act of 2007, 
the Secretary, after consultation with State and local gov-
ernments, railroad carriers, and rail labor organizations, 
shall develop and make available to State and local govern-
ments model State legislation providing for civil or crimi-
nal penalties, or both, for violations of grade crossing sig-
nals.’’; and 
(5) by adding at the end the following new sub-
section: 
‘‘(d) DEFINITION.—For purposes of this section, the 
term ‘violation of grade crossing signals’ includes any ac-
tion 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; 
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‘‘(3) to drive through a grade crossing with pas-
sive warning signs without ensuring that the grade 
crossing could be safely crossed before any train ar-
rived; and 
‘‘(4) in the vicinity of a grade crossing, that 
creates a hazard of an accident involving injury or 
property damage at the grade crossing.’’. 
(b) CONFORMING AMENDMENT.—The item relating 
to section 20151 in the table of sections for subchapter 
II of chapter 201 of title 49, United States Code, is 
amended to read as follows: 
‘‘20151. Railroad trespassing, vandalism, and signal violation prevention strat-
egy.’’. 
SEC. 404. NATIONAL CROSSING INVENTORY. 
(a) IN GENERAL.—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: 
‘‘§ 20157. National crossing inventory 
‘‘(a) INITIAL REPORTING OF INFORMATION ABOUT 
PREVIOUSLY UNREPORTED CROSSINGS.—Not later than 
1 year after the date of enactment of the Federal Railroad 
Safety Improvement Act of 2007 or 6 months after a new 
crossing becomes operational, whichever occurs later, each 
railroad carrier shall— 
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‘‘(1) report to the Secretary of Transportation 
current information, including information about 
warning devices and signage, as specified by the Sec-
retary, concerning each previously unreported cross-
ing through which it operates; or 
‘‘(2) ensure that the information has been re-
ported 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 3 years after 
the date of enactment of the Federal Railroad Safety Im-
provement Act of 2007 and on or before September 30 
of every third year thereafter, or as otherwise specified 
by the Secretary, each railroad carrier shall— 
‘‘(A) report to the Secretary current informa-
tion, including information about warning devices 
and signage, as specified by the Secretary, con-
cerning each crossing through which it operates; or 
‘‘(B) ensure that the information has been re-
ported 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 Federal Railroad Safety Improvement Act of 2007 
shall, not later than the date that is 18 months after the 
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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 own-
ership of the crossing or part of the crossing. 
‘‘(c) RULEMAKING AUTHORITY.—The Secretary shall 
prescribe the regulations necessary to implement this sec-
tion. The Secretary may enforce each provision of the De-
partment of Transportation’s statement of the national 
highway-rail crossing inventory policy, procedures, and in-
struction for States and railroads that is in effect on the 
date of enactment of the Federal Railroad Safety Improve-
ment Act of 2007, 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 rail-
road tracks either at grade or grade-separated, 
where— 
‘‘(A) a public highway, road, or street, or 
a private roadway, including associated side-
walks and pathways, crosses one or more rail-
road tracks either at grade or grade-separated; 
or 
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‘‘(B) a pathway 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 pri-
vate roadway, crosses one or more railroad 
tracks either at grade or grade-separated. 
‘‘(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 table of sec-
tions for such subchapter II of chapter 201 is amended 
by adding at the end the following new item: 
‘‘20157. 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 INFOR-
MATION.—Not later than 1 year after the date of 
enactment of the Federal Railroad Safety Improve-
ment Act of 2007 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 infor-
mation about warning devices and signage, as speci-
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fied by the Secretary, concerning each previously un-
reported crossing located within its borders. 
‘‘(2) PERIODIC UPDATING OF CROSSING INFOR-
MATION.—On a periodic basis beginning not later 
than 3 years after the date of enactment of the Fed-
eral Railroad Safety Improvement Act of 2007 and 
on or before September 30 of every third year there-
after, or as otherwise specified by the Secretary, 
each State shall report to the Secretary current in-
formation, including information about warning de-
vices and signage, as specified by the Secretary, con-
cerning each crossing located within its borders. 
‘‘(3) RULEMAKING AUTHORITY.—The Secretary 
shall prescribe the regulations necessary to imple-
ment this subsection. The Secretary may enforce 
each provision of the Department of Transpor-
tation’s statement of the national highway-rail cross-
ing inventory policy, procedures, and instructions for 
States and railroads that is in effect on the date of 
enactment of the Federal Railroad Safety Improve-
ment Act of 2007, until such provision is superseded 
by a regulation issued under this subsection. 
‘‘(4) DEFINITIONS.—In this subsection, the 
terms ‘crossing’ and ‘State’ have the meaning given 
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those terms by section 20157(d)(1) and (2), respec-
tively, of title 49.’’. 
(d) CIVIL PENALTIES.—(1) Section 21301(a)(1) of 
title 49, United States Code, is amended— 
(A) by inserting ‘‘with section 20157 or’’ after 
‘‘comply’’ in the first sentence; and 
(B) by inserting ‘‘section 20157 of this title or’’ 
after ‘‘violating’’ in the second sentence. 
(2) Section 21301(a)(2) of title 49, United States 
Code, is amended by inserting ‘‘The Secretary shall im-
pose a civil penalty for a violation of section 20157 of this 
title.’’ after the first sentence. 
SEC. 405. ACCIDENT AND INCIDENT REPORTING. 
The Federal Railroad Safety 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 the na-
tional accident database. 
SEC. 406. AUTHORITY TO BUY PROMOTIONAL ITEMS TO IM-
PROVE RAILROAD CROSSING SAFETY AND 
PREVENT RAILROAD TRESPASS. 
Section 20134(a) of title 49, United States Code, is 
amended by adding at the end the following: ‘‘The Sec-
retary may purchase promotional items of nominal value 
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and distribute them to the public without charge as part 
of an educational 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 cross-
ings and to prevent trespass on railroad rights of way, 
and the Secretary shall prescribe guidelines for the admin-
istration of this authority.’’. 
SEC. 407. OPERATION LIFESAVER. 
(a) GRANT.—The Federal Railroad Safety Adminis-
tration shall make a grant or grants to Operation Life-
saver to carry out a public information and education pro-
gram to help prevent and reduce pedestrian, bicycle, motor 
vehicle, and other incidents, injuries, and fatalities, and 
to improve awareness along railroad rights-of-way and at 
highway-rail grade crossings. This includes development, 
placement, and dissemination of Public Service Announce-
ments in newspaper, radio, television, and other media. It 
will also include school presentations, brochures and mate-
rials, support for public awareness campaigns, and related 
support for the activities of Operation Lifesaver’s member 
organizations. 
(b) PILOT PROGRAM.—Funds provided under sub-
section (a) may also be used by Operation Lifesaver to 
implement a pilot program, to be known as the Railroad 
Safety Public Awareness Program, that addresses the 
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need for targeted, sustained community outreach on the 
subjects described in subsection (a). Such pilot program 
shall be established in States and communities where risk 
is greatest, in terms of the number of crashes and popu-
lation density near the railroad, including residences, busi-
nesses, and schools. Such pilot program shall be carried 
out through grants to Operation Lifesaver for work with 
community leaders, school districts, and public and private 
partners to identify the communities at greatest risk, and 
through development of an implementation plan. An eval-
uation component requirement shall be included in the 
grant to measure results. 
(c) AUTHORIZATION
OF APPROPRIATIONS.—There 
are authorized to be appropriated to the Federal Railroad 
Safety Administration for carrying out this section 
$1,500,000 for each of the fiscal years 2008 through 
2011. 
SEC. 408. STATE ACTION PLAN. 
(a) IN GENERAL.—The Secretary shall identify on an 
annual basis the top 10 States that have had the most 
highway-rail grade crossing collisions over the past year. 
The Secretary shall work with each of these States to de-
velop a State Grade Crossing Action Plan that identifies 
specific solutions for improving safety at crossings, par-
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ticularly at crossings that have experienced multiple acci-
dents. 
(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 not approved, the Secretary shall 
notify the affected State as to the specific points 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. 409. FOSTERING INTRODUCTION OF NEW TECH-
NOLOGY TO IMPROVE SAFETY AT HIGHWAY- 
RAIL GRADE CROSSINGS. 
(a) AMENDMENT.—Chapter 201 of title 49, United 
States Code, as amended by this Act, is further amended 
by adding at the end the following: 
‘‘§ 20165. Fostering introduction of new technology to 
improve safety at highway-rail grade 
crossings 
‘‘(a) FINDINGS.—(1) Collisions between highway 
users and trains at highway-rail grade crossings continue 
to cause an unacceptable loss of life and serious personal 
injury and also threaten the safety of rail transportation. 
‘‘(2) While elimination of at-grade crossings through 
consolidation of crossings and grade separations offers the 
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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 effective in warning 
motorists 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 sys-
tems. 
‘‘(5) The emergence of new technologies supporting 
Intelligent Transportation Systems presents opportunities 
for more effective and affordable warnings and safer pas-
sage of highway users and trains at remaining highway- 
rail grade crossings. 
‘‘(6) Implementation of new crossing safety tech-
nology will require extensive cooperation between highway 
authorities and railroad carriers. 
‘‘(7) Federal Railroad Safety Administration regula-
tions establishing performance standards for processor- 
based signal and train control systems provide a suitable 
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framework for qualification of new or novel technology at 
highway-rail grade crossings, and the Federal Highway 
Administration’s Manual on Uniform Traffic Control De-
vices provides an appropriate means of determining high-
way 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.’’. 
(b) TABLE OF SECTIONS AMENDMENT.—The table of 
sections for chapter 201 of title 49, United States Code, 
as amended by this Act, is further amended by adding 
at the end the following new item: 
‘‘20165. Fostering introduction of new technology to improve safety at highway- 
rail grade crossings.’’. 
TITLE V—ENFORCEMENT 
SEC. 501. ENFORCEMENT. 
Section 20112(a) of title 49, United States Code, is 
amended— 
(1) by inserting ‘‘this part or’’ in paragraph (1) 
after ‘‘enforce,’’; 
(2) by striking ‘‘21301’’ in paragraph (2) and 
inserting ‘‘21301, 21302, or 21303’’; 
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(3) by striking ‘‘subpena’’ in paragraph (3) and 
inserting ‘‘subpoena, request for admissions, request 
for production of documents or other tangible 
things, or request for testimony by deposition’’; and 
(4) by striking ‘‘chapter.’’ in paragraph (3) and 
inserting ‘‘part.’’. 
SEC. 502. CIVIL PENALTIES. 
(a) GENERAL VIOLATIONS OF CHAPTER 201.—Sec-
tion 21301(a)(2) of title 49, United States Code, 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 CHAP-
TER 201; VIOLATIONS
OF CHAPTERS 203 THROUGH 
209.—Section 21302(a)(2) of title 49, United States 
Code, 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) of title 49, United States Code, is amended— 
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(1) by striking ‘‘$10,000’’ and inserting 
‘‘$25,000’’; and 
(2) by striking ‘‘$20,000’’ and inserting 
‘‘$100,000’’. 
SEC. 503. CRIMINAL PENALTIES. 
Section 21311(b) of title 49, United States Code, is 
amended by striking ‘‘$500’’ both places it appears and 
inserting ‘‘$2,500’’. 
SEC. 504. EXPANSION OF EMERGENCY ORDER AUTHORITY. 
Section 20104(a)(1) of title 49, United States Code, 
is amended by striking ‘‘death or personal injury’’ and in-
serting ‘‘death, personal injury, or significant harm to the 
environment’’. 
SEC. 505. ENFORCEMENT TRANSPARENCY. 
(a) AMENDMENT.—Subchapter I of chapter 201 of 
title 49, United States Code, is amended by adding at the 
end the following: 
‘‘§ 20118. Enforcement transparency 
‘‘(a) IN GENERAL.—Not later than December 31, 
2007, the Secretary of Transportation shall— 
‘‘(1) provide a monthly updated summary to 
the public of all railroad enforcement actions taken 
by the Secretary or the Federal Railroad Safety Ad-
ministration, from the time a notice commencing an 
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