[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5871 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 5871
To enhance safety requirements for trains, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
October 2, 2023
Ms. Stansbury (for herself, Mr. Norcross, Ms. Budzinski, Mr. Espaillat,
Ms. Salinas, Mr. Keating, Ms. Lee of California, Mr. Morelle, Mr.
Schiff, Ms. Schakowsky, Mr. Cardenas, Mr. Magaziner, Ms. Pettersen, Ms.
McCollum, Ms. Titus, Mr. Krishnamoorthi, Mr. Carson, Ms. Norton, Ms.
Tlaib, Ms. Ocasio-Cortez, Mr. Pocan, Mr. DeSaulnier, Mr. Moskowitz, Ms.
Pressley, Ms. Sanchez, Ms. Garcia of Texas, Ms. Escobar, Ms. DeLauro,
Mr. Takano, Ms. Lois Frankel of Florida, Ms. Caraveo, Ms. Omar, Mrs.
Dingell, Mr. Lynch, Ms. Bonamici, and Mr. Garcia of Illinois)
introduced the following bill; which was referred to the Committee on
Transportation and Infrastructure, and in addition to the Committee on
Oversight and Accountability, for a period to be subsequently
determined by the Speaker, in each case for consideration of such
provisions as fall within the jurisdiction of the committee concerned
_______________________________________________________________________
A BILL
To enhance safety requirements for trains, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Rail Worker and
Community Safety Act''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
Sec. 3. Freight train crew size safety standards.
Sec. 4. Safety regulations for train operations.
Sec. 5. Yardmasters hours of service.
Sec. 6. Hazardous safety or security conditions.
Sec. 7. Excepted track and hazardous materials.
Sec. 8. Track inspection requirements.
Sec. 9. Train approach warning.
Sec. 10. Certification of signal employees.
Sec. 11. Wayside detections technology.
Sec. 12. Certification of train dispatchers.
Sec. 13. Equipment inspections.
Sec. 14. Inspections.
Sec. 15. Rail safety inspections GS classification adjustment.
Sec. 16. Minimum amount of federal rail safety inspectors.
Sec. 17. Additional funding for rail safety inspectors.
Sec. 18. Planning and training grants nonprofit eligibility.
Sec. 19. Confidential close call reporting systems.
Sec. 20. Earned paid sick time.
SEC. 2. DEFINITIONS.
In this Act, the following definitions apply:
(1) Railroad.--The term ``railroad'' has the meaning given
that term in section 10102 of title 49, United States Code.
(2) Rail carrier.--The term ``rail carrier'' has the
meaning given the term in section 10102 of title 49, United
States Code.
(3) Secretary.--Except as provided in section 20, the term
``Secretary'' means the Secretary of Transportation.
SEC. 3. FREIGHT TRAIN CREW SIZE SAFETY STANDARDS.
(a) Short Title.--This section may be cited as the ``Safe Freight
Act of 2023''.
(b) Freight Train Crew Size.--Subchapter II of chapter 201 of title
49, United States Code, is amended by inserting after section 20153 the
following:
``Sec. 20154. Freight train crew size safety standards
``(a) Minimum Crew Size.--No freight train may be operated without
a 2-person crew consisting of at least 1 appropriately qualified and
certified conductor and 1 appropriately qualified and certified
locomotive engineer.
``(b) Exceptions.--Except as provided in subsection (c), the
requirement under subsection (a) shall not apply with respect to--
``(1) train operations on track that is not a main line
track;
``(2) a freight train operated--
``(A) by a railroad carrier that has fewer than
400,000 total employee work hours annually and less
than $40,000,000 annual revenue (adjusted for
inflation, as calculated by the Surface Transportation
Board Railroad Inflation Adjusted Index and Deflator
Factor Table);
``(B) at a speed of not more than 25 miles per
hour; and
``(C) on a track with an average track grade of
less than 2 percent for any segment of track that is at
least 2 continuous miles;
``(3) locomotives performing assistance to a train that has
incurred mechanical failure or lacks the power to traverse
difficult terrain, including traveling to or from the location
where assistance is provided;
``(4) locomotives that--
``(A) are not attached to any equipment or are
attached only to a caboose; and
``(B) do not travel father than 30 miles from the
point of origin of such locomotive; and
``(5) train operations staffed with fewer than a 2-person
crew at least 1 year before the date of enactment of this
section, if the Secretary of Transportation determines that
such operations achieve an equivalent level of safety as would
result from compliance with the requirement under subsection
(a).
``(c) Trains Ineligible for Exception.--The exceptions under
subsection (b) may not be applied to--
``(1) a train transporting 1 or more loaded cars carrying
high-level radioactive waste, spent nuclear fuel, or material
toxic by inhalation (as defined in section 171.8 of title 49,
Code of Federal Regulations);
``(2) a train transporting--
``(A) 20 or more loaded tank cars of a Class 2
material or a Class 3 flammable liquid in a continuous
block; or
``(B) 35 or more loaded tank cars of a Class 2
material or a Class 3 flammable liquid throughout the
train consist; or
``(3) a train with a total length exceeding 7,500 feet.
``(d) Statutory Construction.--Nothing in this section shall be
construed to supersede or preempt any provision of State or local law
that provides for minimum crew requirements in excess of the 2-person
crew requirements established under this section.''.
(c) Clerical Amendment.--The analysis for subchapter II of chapter
201 of title 49, United States Code, is amended by inserting after the
item relating to section 20153 the following:
``20154. Freight train crew size safety standards.''.
SEC. 4. SAFETY REGULATIONS FOR TRAIN OPERATIONS.
(a) Rulemaking.--Not later than 1 year after the date of the
enactment of this Act, the Secretary of Transportation shall issue
regulations, or modify existing regulations, establishing safety
requirements, in accordance with subsection (b), with which a shipper
or rail carrier operating a train transporting hazardous materials that
is not subject to the requirements for a high-hazard flammable train
under section 174.310 of title 49, Code of Federal Regulations, shall
comply with respect to the operation of each such train and the
maintenance of specification tank cars.
(b) Requirements.--The regulations issued pursuant to subsection
(a) shall require shippers and rail carriers--
(1) to provide advance notification and information
regarding the transportation of hazardous materials described
in subsection (a) to each State emergency response
commissioner, the Tribal Emergency Response Commission, or any
other State or Tribal agency responsible for receiving the
information notification for emergency response planning
information;
(2) to include, in the notification provided pursuant to
paragraph (1), a written gas discharge plan with respect to the
applicable hazardous materials being transported; and
(3) to reduce or eliminate blocked crossings resulting from
delays in train movements.
(c) Additional Requirements.--In developing the regulations
required under subsection (a), the Secretary shall include requirements
regarding--
(1) train length and weight;
(2) train consist;
(3) minimum buffer zones between where crew are present on
the train and cars with hazardous materials;
(4) route analysis and selection;
(5) speed restrictions;
(6) track standards;
(7) track, bridge, and rail car maintenance;
(8) signaling and train control;
(9) response plans; and
(10) any other requirements that the Secretary determines
are necessary.
(d) Additional Rulemaking.--Not later than 2 years after the date
of the enactment of this Act, the Secretary shall issue regulations, or
modify existing regulations, establishing safety requirements for rail
carriers operating trains that pose a potential safety risk that
include requirements regarding--
(1) train length and weight;
(2) train consist;
(3) the ability for train crews to communicate with each
other and other rail employees;
(4) signaling and train control;
(5) response plans; and
(6) any other requirements that the Secretary determines
necessary.
(e) High-Hazard Flammable Trains.--Not later than 1 year after the
date of the enactment of this Act, the Secretary shall modify the
safety requirements for trains subject to section 174.310 of title 49,
Code of Federal Regulations, to satisfy, in whole or in part, the
rulemaking required under subsection (a).
SEC. 5. YARDMASTERS HOURS OF SERVICE.
(a) Limitations on Duty Hours of Yardmaster Employees.--Section
21103 of title 49, United States Code, is amended--
(1) in the section heading by inserting ``and yardmaster
employees'' after ``train employees'';
(2) by inserting ``or yardmaster employee'' after ``train
employee'' each place it appears; and
(3) in subsection (e) by inserting ``or yardmaster
employee's'' after ``During a train employee's''.
(b) Definitions.--Section 21101 of title 49, United States Code, is
amended--
(1) in paragraph (3) by inserting ``a yardmaster
employee,'' after ``dispatching service employee,''; and
(2) by adding at the end the following:
``(6) `yardmaster employee' means an individual responsible
for supervising and coordinating the control of trains and
engines operating within a rail yard.''.
(c) Conforming Amendment.--The analysis for chapter 211 of title
49, United States Code, is amended by striking the item relating to
section 21103 and inserting the following:
``21103. Limitations on duty hours of train employees and yardmaster
employees.''.
SEC. 6. HAZARDOUS SAFETY OR SECURITY CONDITIONS.
(a) In General.--Section 20109(b) of title 49, United States Code,
is amended by adding at the end the following:
``(4) A refusal to work described in paragraph (1)(B) may be an
action by an individual employee, a group of employees, or a collective
bargaining representative on behalf of affected employees.''.
(b) Enforcement.--Section 20109(d)(1) of title 49, United States
Code, is amended by inserting ``, or a collective bargaining
representative acting on behalf of affected employees,'' after ``An
employee''.
SEC. 7. EXCEPTED TRACK AND HAZARDOUS MATERIALS.
(a) Movements on Excepted Track.--Not more than 1 year after the
date of enactment of this Act, the Secretary of Transportation shall
update part 213.4(e) of title 49, Code of Federal Regulations, to make
it clear that no railcar required to be placarded by the Federal
Railroad Administration's hazardous materials regulations shall be
transported by a railroad on any segment of track defined by the
Federal Railroad Administration as excepted track.
(b) No Waivers.--The Secretary may not waive or fail to enforce
this limitation under any circumstances.
SEC. 8. TRACK INSPECTION REQUIREMENTS.
(a) Track Inspection Requirements.--Not more than 1 year after the
date of enactment of this Act, the Secretary of Transportation shall
update subpart F and subpart G, part 213 of title 49, Code of Federal
Regulations, by requiring that a qualifying Track Geometry Measurement
System (in this section referred to as ``TGMS'') operate over the
following track classifications at the following frequencies:
(1) For operations at a qualified cant deficiency, Eu, of
more than 5 inches on track Classes 1 through 5, at least 4
times per calendar year with not less than 43 days between TGMS
inspections.
(2) For track Class 1, operating more than 15 million gross
tons (MGT) on an annual basis, at least once per calendar year
with not less than 170 days between TGMS inspections.
(3) For track Class 2--
(A) less than 15 MGT annually, at least once per
calendar year with not less than 170 days between TGMS
inspections; and
(B) more than 15 MGT annually, at least twice per
calendar year with not less than 120 days between TGMS
inspections.
(4) For track Class 3--
(A) less than 15 MGT annually, at least twice per
calendar year with not less than 120 days between TGMS
inspections; and
(B) more than 15 MGT annually, at least 3 times per
calendar year with not less than 90 days between TGMS
inspections.
(5) For track Class 4--
(A) less than 15 MGT annually, at least 3 times per
calendar year with not less than 90 days between TGMS
inspections; and
(B) more than 15 MGT annually, at least 4 times per
calendar year with not less than 43 days between TGMS
inspections.
(6) For track Class 5, at least 4 times per calendar year
with not less than 43 days between TGMS inspections.
(7) For track Classes 6 and 7, at least twice within any
120-day period with not less than 25 days between TGMS
inspections.
(8) For track Class 8, at least twice within any 60-day
period with not less than 12 days between TGMS inspections.
(9) For track Class 9, at least twice within any 30-day
period with not less than 6 days between TGMS inspections.
(10) For crossovers where the track speed is more than 30
miles per hour, at least twice per calendar year with not less
than 120 days between TGMS inspections.
(b) Applicable Requirements.--The Secretary shall ensure that any
requirements under subpart F and subpart G, part 213 of title 49, Code
of Federal Regulation, including part 213.333, that are triggered by
the amendments made in subsection (a) are applied to the applicable
track Class.
(c) Modifying Regulations.--The Secretary is authorized to modify
or issue such regulations as necessary to carry out this section.
SEC. 9. TRAIN APPROACH WARNING.
Not later than 1 year after the date of enactment of this Act, the
Secretary of Transportation shall promulgate or update such regulations
as are necessary to require that all railroads provide warning
equipment to railroad watchmen and lookouts for roadway workers that--
(1) include whistles, air horns, white disks or red flags,
or lanterns; and
(2) may only include the use of a verbal warning if a
single worker receiving such warning is within arms reach of
the individual issuing such warning.
SEC. 10. CERTIFICATION OF SIGNAL EMPLOYEES.
(a) In General.--Subchapter II of chapter 201 of title 49, United
States Code, is amended by adding at the end the following new section:
``Sec. 20172. Certification of signal employees
``(a) Certification Program.--Not later than 12 months after the
date of enactment of the Rail Worker and Community Safety Act, the
Secretary of Transportation shall promulgate regulations to establish a
program requiring the certification of signal installation, repair,
maintenance, and testing employees.
``(b) Updated Plans.--In promulgating such regulations, the
Secretary shall require that railroad carriers, contractors, and
subcontractors submit, not later than 180 days after such regulations
are finalized, updated training and qualification plans pursuant to
section 20162, that take into account the regulations the Secretary
issues under subsection (a) for signal installation, repair,
maintenance, and testing employees.
``(c) Meaningful Consultation.--Any railroad carrier, contractor,
or subcontractor required to submit an updated plan under subsection
(b) shall consult with, employ good faith, and use its best efforts to
reach agreement with any nonprofit employee labor organization for
employees covered by this section in the formation of said plan before
submitting it to the Secretary for approval.
``(d) Authority To Define Term.--The Secretary shall have the
authority to promulgate regulations regarding what the terms `consult',
`employ good faith', and `use its best efforts to reach agreement with'
mean and any necessary associated requirements for the purposes of
carrying out subsection (c).''.
(b) Conforming Amendment.--The chapter analysis for chapter 201 is
amended by adding at the end the following:
``20172. Certification of signal employees.''.
SEC. 11. WAYSIDE DETECTIONS TECHNOLOGY.
(a) Wayside Detection Technologies Defined.--Section 20102 of title
49, United States Code, is amended by adding at the end the following:
``(5) `wayside detection technologies' means--
``(A) any devices and equipment situated within the
rail system that can detect and communicate a potential
or known safety condition; and
``(B) the equipment, apparatuses, including onboard
or wayside, or associated appurtenances to technology
necessary to ensure all defects outside of the
prescribed values for the equipment will be
appropriately identified and transmitted to the
operating crew of a train before a failure occurs.''.
(b) In General.--Subchapter II of chapter 201 of title 49, United
States Code, is further amended by adding at the end the following new
section:
``Sec. 20173. Wayside detection technologies
``(a) Rulemaking.--Not later than 2 years after the date of the
enactment of the Rail Worker and Community Safety Act, the Secretary
shall issue regulations establishing requirements for the installation,
repair, testing, maintenance, and operation of wayside detection
technologies.
``(b) Specific Technologies.--The Secretary shall issue regulations
under subsection (a) for categories of wayside detection technologies,
including--
``(1) hotbox detectors;
``(2) dragging equipment detectors;
``(3) wheel issues detection devices (e.g. Load Impact,
High Heat);
``(4) slide detection devices (e.g. Rock Slide, Earth
Slide);
``(5) train height and width detection devices;
``(6) element detection devices (e.g. High Water, Flood,
Wind, and Fire detection); and
``(7) other wayside detection technologies as determined by
the Secretary.
``(c) Separate Regulations.--The Secretary may issue separate
regulations for each category listed in subsection (b) as necessary.
``(d) Requirements.--The regulations issued pursuant to subsection
(a) shall include requirements regarding--
``(1) the frequency of the placement of wayside detection
technologies;
``(2) performance standards for such detection
technologies;
``(3) the installation, maintenance, repair and testing
requirements for such detection technologies;
``(4) reporting and monitoring data and maintenance records
of such detection technologies;
``(5) appropriate steps the rail carrier must take when
receiving an alert of a defect, failure, or a likely failure
based on trending data, from or regarding such detection
technologies; and
``(6) any other requirement the Secretary considers
necessary.''.
(c) Conforming Amendment.--The analysis for subchapter II of
chapter 201 is further amended by adding at the end the following:
``20173. Wayside detection technologies.''.
SEC. 12. CERTIFICATION OF TRAIN DISPATCHERS.
(a) In General.--Subchapter II of chapter 201 of title 49, United
States Code, is further amended by adding at the end the following new
section:
``Sec. 20174. Certification of train dispatchers
``(a) Certification Program.--Not later than 12 months after the
date of enactment of the Rail Worker and Community Safety Act, the
Secretary of Transportation shall prescribe regulations to establish a
program requiring the certification of dispatching service employees,
as defined by section 21101.
``(b) Updated Plans.--In promulgating such regulations, the
Secretary shall require that railroad carriers, contractors, and
subcontractors submit, not later than 180 days after such regulations
are finalized, updated training and qualification plans pursuant to
section 20162, that take into account the regulations the Secretary
issues under subsection (a) for dispatching service employees.
``(c) Meaningful Consultation.--Subject to subsection (d), any
railroad carrier, contractor, or subcontractor required to submit an
updated plan under subsection (b) shall submit, as part of a request
the Secretary for approval, evidence of an agreement with any nonprofit
employee labor organization for employees covered by this section in
the formation of said plan, to the extent the covered employees are
represented by a nonprofit employee labor organization.
``(d) Statement.--If the railroad carrier, contractor, or
subcontractor, and its directly affected employees, including any
nonprofit employee labor organization representing a class or craft of
directly affected employees, cannot reach consensus on the proposed
contents of the plan, then directly affected employees and such
organization may file a statement with the Secretary explaining their
views on the plan on which consensus was not reached. The Secretary
shall consider such views during review and approval of the plan.''.
(b) Clerical Amendment.--The analysis for subchapter II of chapter
201 is further amended by adding at the end the following:
``20174. Certification of train dispatchers.''.
SEC. 13. EQUIPMENT INSPECTIONS.
Not later than 12 months after the date of enactment of this Act,
the Secretary of Transportation shall issue such regulations as are
necessary to--
(1) prohibit any train from being moved out of a switchyard
before all required brake inspections of locomotives and rail
cars have been completed;
(2) allow only the Qualified Mechanical Inspector assigned
to inspect a locomotive or rail car to sign off on the Form FRA
F6180-49A (commonly known as the ``blue card'') for locomotive
inspections or the satisfactory Class I brake inspection or end
of train device form relating to such locomotive or rail car
related to rail car inspections; and
(3) ensure that any inspection conducted under part 215 of
title 49, Code of Federal Regulations, utilizing inspection
technologies, including artificial intelligence or camera-based
systems, require verification or validation by a Qualified
Mechanical Inspector.
SEC. 14. INSPECTIONS.
(a) Time Available for Inspection.--
(1) In general.--Subchapter II of chapter 201 of title 49,
United States Code, is further amended by adding at the end the
following:
``Sec. 20175. Time available for inspection
``No railroad may limit the time required for an employee to
complete a railcar, locomotive, or brake inspection to ensure that each
railcar, locomotive, and brake system complies with safety laws and
regulations.''.
(2) Clerical amendment.--The analysis for subchapter II of
chapter 201 of title 49, United States Code, is further amended
by adding at the end the following:
``20175. Time available for inspection.''.
(b) Pre-Departure Railcar Inspections.--Not later than 120 days
after the date of the enactment of this Act, the Secretary shall amend
the pre-departure inspection requirements for Class I railroads under
part 215 of title 49, Code of Federal Regulations--
(1) to ensure that after initial consultation with the
Administrator of the Federal Railroad Administration, and after
each 6 subsequent annual consultation, each railroad identifies
inspection locations and, at such locations, has inspectors
designated under such part 215 available for the purpose of
inspecting freight cars;
(2) to ensure that all freight cars are inspected by an
inspector designated under such part 215 at a designated
inspection location in the direction of travel as soon as
practicable; and
(3) to require each railroad that operates railroad freight
cars to which such part 215 applies to designate persons
qualified to inspect railroad freight rail cars, subject to any
existing collective bargaining agreement, for compliance and
determinations required under such part.
(c) Qualified Locomotive Inspections.--Not later than 1 year after
the date of the enactment of this Act, the Secretary shall review and
amend, as necessary, regulations under chapters 229 and 243 of title
49, Code of Federal Regulations--
(1) to ensure appropriate training qualifications and
proficiency of employees, including qualified mechanical
inspectors, performing locomotive inspections; and
(2) for locomotives in service on a Class I railroad, to
require a daily inspection to be performed by a qualified
mechanical inspector at least once every 7 days under section
229.23(b)(2) of title 49, Code of Federal Regulations.
(d) Audits.--
(1) In general.--Not later than 60 days after the date of
the enactment of this Act, the Secretary shall initiate audits
of Federal railcar, locomotive, and train brake system
inspection compliance with chapter II of subtitle B of title
49, Code of Federal Regulations. In carrying out such audits,
the Secretary shall--
(A) consider whether the railroad has in place
procedures necessary for railcar, locomotive, and train
brake system inspection compliance under such chapter;
(B) assess the type, content, and adequacy of
training and performance metrics the railroad provides
employees who perform railcar, locomotive, and train
brake system inspections, including the qualifications
specified for such employees;
(C) determine whether the railroad has practices
that would interfere with an employee's responsibility
to perform an inspection safely;
(D) determine whether railcars, locomotives, and
train brake systems are inspected on the railroad's
network in accordance with such chapter;
(E) involve proper communication of identified
defects to railroad personnel and make appropriate use
of remedial action reports to verify that repairs are
made;
(F) determine whether managers coerce employees to
sign off on any documents verifying an inspection or
repair of a railcar, locomotive, or train brake system;
(G) determine whether the railroad's inspection
procedures reflect the current operating practices of
the rail carrier; and
(H) ensure that railroad inspection procedures only
provide for the use of persons permitted to perform
each relevant inspection under such chapter.
(2) Audit scheduling.--The Secretary shall--
(A) schedule the audits required under paragraph
(1) to ensure that--
(i) every Class I railroad is audited not
less frequently than once every 5 years; and
(ii) a limited number, as determined by the
Secretary, of Class II and Class III railroads
are audited annually, except that no audit of a
tourist, scenic, historic, or excursion
operation may be required under this
subsection; and
(B) conduct the audits described in subparagraph
(A)(ii) in accordance with--
(i) the Small Business Regulatory
Enforcement Fairness Act of 1996 (5 U.S.C. 5
601 note); and
(ii) appendix C of part 209 of title 49,
Code of Federal Regulations.
(3) Updates to inspection program and procedures.--If,
during an audit required under this subsection, the auditor
identifies a deficiency in a railroad's procedures or practices
necessary to ensure compliance with chapter II of subtitle B of
title 49, Code of Federal Regulations, the railroad shall
eliminate such deficiency, after first being provided the
opportunity to address whether such a deficiency exists.
(4) Consultation and cooperation.--
(A) Consultation.--In conducting an audit required
under this subsection, the Secretary shall consult with
the railroad being audited and the employees of such
railroad, including any nonprofit employee labor
organization representing the employees of the railroad
that conduct railcar, locomotive, or train brake system
inspections.
(B) Cooperation.--The railroad being audited and
the employees of such railroad, including any nonprofit
employee labor organization representing mechanical
employees, shall fully cooperate with any audit
conducted pursuant to this subsection--
(i) by providing any relevant documents
requested; and
(ii) by making available any employees for
interview without undue delay or obstruction.
(C) Failure to cooperate.--If the Secretary
determines that a railroad or any of the employees of
such railroad, including any nonprofit employee labor
organization representing mechanical employees of the
railroad is not fully cooperating with an audit
conducted pursuant to this subsection, the Secretary
shall electronically notify the Committee on Commerce,
Science, and Transportation of the Senate and the
Committee on Transportation and Infrastructure of the
House of Representatives of the failure to fully
cooperate with such audit.
(e) Review of Regulations.--Not later than 5 years after the date
of the enactment of this Act, and periodically thereafter, the
Secretary shall determine whether any update to chapters I and II of
subtitle B of title 49, Code of Federal Regulations, is necessary to
ensure the adequacy of railcar, locomotive, and train brake system
inspections.
(f) Annual Report.--The Secretary shall publish an annual report on
the public website of the Federal Railroad Administration that--
(1) summarizes the findings of the audits conducted
pursuant to subsection (d) during the most recently concluded
fiscal year;
(2) summarizes any updates made to chapter I or II of
subtitle B of title 49, Code of Federal Regulations, pursuant
to this section; and
(3) excludes any confidential business information or
sensitive security information.
(g) Rule of Construction.--Nothing in this section may be
construed--
(1) to provide the Secretary with any authority to
interpret, revise, alter, or apply a collectively bargained
agreement, nor any authority over collective bargaining,
collectively bargained agreements, or any aspect of the Railway
Labor Act (45 U.S.C. 151 et 24 seq.);
(2) to alter the terms or interpretations of existing
collective bargaining agreements; or
(3) to abridge any procedural rights or remedies provided
under a collectively bargained agreement.
SEC. 15. RAIL SAFETY INSPECTIONS GS CLASSIFICATION ADJUSTMENT.
(a) GS Classification Adjustment.--Subsection (b) of Section 5109
of Title 5, United States Code is amended by--
(1) In paragraph (1), striking ``GS-12'' and inserting
``GS-13''; and
(2) In paragraph (2), striking ``GS-13'' and inserting
``GS-14''.
(b) Office of Personnel Management Corresponding Actions.--Not
later than 180 days after the date of enactment of this Act, the
Director of the Office of Personnel Management shall update the
Railroad Safety Series, GS-2121, TS-37 dated November 1979, to reflect
the amendment made in subsection (a).
(c) Secretary of Transportation Corresponding Actions.--Not later
than 180 days after the date of enactment of this Act, the Secretary of
Transportation shall update the Railroad Safety Inspector and Railroad
Safety Specialist General Schedule grades, to reflect the amendment
made in subsection (a).
SEC. 16. MINIMUM AMOUNT OF FEDERAL RAIL SAFETY INSPECTORS.
(a) In General.--Subchapter II of chapter 201 of title 49, United
States Code, is further amended by adding at the end the following:
``Sec. 20176. Rail safety inspectors
``(a) Minimum Rail Inspector Level.--The Office of Safety of the
Federal Railroad Administration shall have not less than 425 railroad
safety inspectors, as described in section 5109(b)(1) of title 5.
``(b) Breakdown.--Of the railroad safety inspectors required under
subsection (a), there shall be at least--
``(1) 80 that are hazardous materials experts;
``(2) 80 that are track experts;
``(3) 80 that are motive power and equipment experts;
``(4) 80 that are signals and train control experts;
``(5) 80 that are operating practice experts; and
``(6) 25 that are rail grade crossing experts.
``(c) Report to Congress.--If at the end of a fiscal year, the
Office of Safety of the Federal Railroad Administration has not met the
goal established in subsection (a), the Secretary shall not later than
90 days after the last day of such fiscal year, submit to the Committee
on Commerce, Science, and Transportation of the United States Senate,
and the Committee on Transportation and Infrastructure of the United
States House of Representatives a report that--
``(1) explains why the goal was not met;
``(2) establishes an action plan to meet such goal; and
``(3) describes any additional funding or legislation from
Congress necessary to meet such goal.''.
(b) Conforming Amendment.--The chapter analysis for chapter 201 is
further amended by adding at the end the following:
``20176. Rail safety inspectors.''.
SEC. 17. ADDITIONAL FUNDING FOR RAIL SAFETY INSPECTORS.
Section 20117 of title 49, United States Code is amended by adding
at the end the following:
``(f) Railroad Safety Inspectors.--
``(1) In addition to amounts otherwise authorized by law,
there is authorized to be appropriated $12,000,000 for each of
the fiscal years 2024 through 2028 to hire railroad safety
inspectors, as described in section 5109(b)(1) of title 5.
``(2) In addition to amounts otherwise authorized by law,
there is authorized to be appropriated $10,500,000 for each of
the fiscal years 2024 through 2028 to increase the pay of
existing such railroad safety inspectors to not less than a GS-
13 level.
``(3) With the amounts made available pursuant to paragraph
(1), the Secretary shall hire railroad safety inspectors in the
following manner, except that the Secretary shall strive to
keep the proportionality listed below if the amount made
availability is less than what is authorized in paragraph (1):
``(A) 14 that are hazardous materials experts.
``(B) 14 that are track experts.
``(C) 14 that are motive power and equipment
experts.
``(D) 14 that are signals and train control
experts.
``(E) 14 that are operating practice experts.
``(F) 5 that are rail grade crossing experts.''.
SEC. 18. PLANNING AND TRAINING GRANTS NONPROFIT ELIGIBILITY.
Section 5116 of title 49, United States Code, is amended--
(1) in subsection (a)--
(A) in paragraph (1) by striking ``States and
Indian tribes'' and inserting ``States, Indian tribes,
and nonprofit organizations'';
(B) in paragraph (2) by striking ``State or Indian
tribe'' and inserting ``State, Indian tribe, or
nonprofit organization'';
(C) in paragraph (3) by striking ``State or Indian
tribe'' and inserting ``State, Indian tribe, or
nonprofit organization'';
(D) by redesignating paragraphs (5) and (6) as
paragraphs (6) and (7), respectively;
(E) by inserting after paragraph (4) the following:
``(5) A nonprofit organization referred to in subsection
(a) is a nonprofit organization that--
``(A) represents first responders or public
officials responsible for coordinating disaster
response; and
``(B) is able to provide direct or web-based
training to individuals responsible for responding to
accidents and incidents involving hazardous
materials.'';
(F) in paragraph (6), as so redesignated--
(i) in subparagraph (B) by striking
``political subdivision, or Indian tribe'' and
inserting ``political subdivision, Indian
tribe, or nonprofit organization''; and
(ii) in subparagraph (C) by striking
``State or Indian tribe'' and inserting
``State, Indian tribe, or nonprofit
organization'' each place it appears; and
(G) in paragraph (7), as so redesignated--
(i) by striking ``States and Indian
tribes'' and inserting ``States, Indian tribes,
and nonprofit organizations''; and
(ii) in subparagraph (E), by striking
``State or Indian tribe'' and inserting
``State, Indian tribe, or nonprofit
organization''.
(2) in subsection (c), by striking ``State or Indian
tribe'' and inserting ``State, Indian tribe, or nonprofit
organization''; and
(3) in subsection (d)--
(A) by striking ``State or Indian tribe'' and
inserting ``State, Indian tribe, or nonprofit
organization''; and
(B) by striking ``State or tribe'' and inserting
``State, Indian tribe, or nonprofit organization''; and
(4) in subsection (e), by striking ``political subdivision
of a State, or Indian tribe'' and inserting ``political
subdivision of a State, Indian tribe, or nonprofit
organization''.
SEC. 19. CONFIDENTIAL CLOSE CALL REPORTING SYSTEMS.
(a) In General.--Subchapter II of chapter 201 of title 49, United
States Code, is further amended by adding at the end the following:
``Sec. 20177. Confidential close call reporting systems
``(a) Rulemaking.--Not later than 1 year after the date of the
enactment of this section, the Secretary shall issue regulations that
require an applicable railroad carrier shall follow in establishing a
confidential close call reporting system program (in this section
referred to as the `Program'). The Secretary may use any information
and experience gathered through research and pilot programs on
confidential close call reporting systems in developing regulations
under this subsection, including continuing the use of third parties
for the collection of close call reports and distribution of close call
data. The Secretary shall ensure that an applicable railroad carrier's
employees receive protection under the Program from any related Federal
Railroad Administration enforcement actions.
``(b) Program Development and Oversight.--
``(1) In general.--Not later than 180 days after the date
on which the regulations under subsection (a) are issued, an
applicable railroad carrier shall develop and submit a proposed
Program to the Secretary for review and approval.
``(2) Contents.--The proposal submitted by a railroad
carrier under paragraph (1) shall--
``(A) a describe the core principles and values of
its proposed Program;
``(B) explain the rights, roles, and
responsibilities of Program stakeholders;
``(C) identify concerns and interests; and
``(D) describe how the Program will operate.
``(3) Review.--
``(A) In general.--The Secretary shall review and
approve or disapprove each proposed Program within a
reasonable amount of time. If a proposed Program is not
approved, the Secretary shall notify the applicable
railroad carrier in writing of the specific areas in
which the proposed Program is deficient. The applicable
railroad carrier shall correct all deficiencies within
a reasonable period of time following receipt of
written notice from the Secretary.
``(B) Updates.--An applicable railroad carrier
shall update the Program as needed and obtain the
Secretary's approval prior to making any major changes
to such Program.
``(C) Annual reviews.--The Secretary shall conduct
an annual review to ensure that each applicable
railroad carrier is in compliance with the approved
Program of the carrier.
``(c) Establishment.--Not later than 2 years after the date of the
enactment of this section, each applicable railroad carrier shall
establish a confidential close call reporting system pursuant to the
rulemaking under subsection (a).
``(d) Program Elements.--Under the Program each applicable railroad
carrier shall--
``(1) provide a safe environment for its employees to
report unsafe events and conditions;
``(2) for unsafe events and conditions reported within the
scope of a confidential close call reporting system, ensure
that the employees of the carrier are protected from railroad
carrier discipline;
``(3) use information collected through the confidential
close call reporting system to develop and implement targeted
corrective actions, as appropriate; and
``(4) use information collected by the system to supplement
inspection data in identifying safety issues and emerging risks
before such issues or risks develop into accidents.
``(e) Consensus.--
``(1) In general.--Each applicable railroad carrier shall
consult with, employ good faith with, and use best efforts to
reach agreement with all of its directly affected employees,
including any nonprofit employee labor organization
representing a class or craft of directly affected employees of
the applicable railroad carrier, on the development and
implementation of the proposed Program.
``(2) Statements.--If an applicable railroad carrier and
the directly affected employees of such carrier, including any
nonprofit employee labor organization representing a class or
craft of directly affected employees of the applicable railroad
carrier, cannot reach consensus on the development and
implementation of the proposed Program, then directly affected
employees and such organization may file a statement with the
Secretary explaining the views of such employees on the
proposed Program on which consensus was not reached. The
Secretary shall consider such views during review of the
proposed Program under subsection (b)(3)(A).
``(f) Voluntary Program Establishment.--Any railroad carrier that
is not an applicable railroad carrier may voluntarily establish a
Program under this section. This section, and any regulations
promulgated under this section, shall apply to a Program that is
voluntarily established.
``(g) Use of Data.--The Secretary may use the confidential close
call reporting data when--
``(1) implementing or updating the Federal Railroad
Administration's National Inspection Plan;
``(2) performing focused inspections; or
``(3) developing agency rulemakings and guidance, as
appropriate.
``(h) Definition of Applicable Railroad Carrier.--In this section,
the term `applicable railroad carrier' means a railroad carrier that--
``(1) is a Class I railroad;
``(2) has inadequate safety performance, as determined by
the Secretary; or
``(3) provides intercity rail passenger or commuter rail
passenger transportation.
``(i) Authorization of Appropriations.--There are authorized to be
appropriated to the Secretary such sums as may be necessary--
``(1) to implement this section; and
``(2) to support the nationwide implementation of
confidential close call reporting system programs, as the
Secretary determines appropriate.''.
(b) Clerical Amendment.--The analysis for chapter 201 of title 49,
United States Code, is further amended by adding at the end the
following:
``20177. Confidential close call reporting systems.''.
SEC. 20. EARNED PAID SICK TIME.
(a) Earning of Paid Sick Time.--
(1) In general.--A rail carrier shall provide each rail
carrier employee employed by the rail carrier not less than 1
hour of earned paid sick time for every 30 hours worked, to be
used as described in this section. A rail carrier shall not be
required to permit a rail carrier employee to earn, under this
section, more than 56 hours of paid sick time in a year, unless
the rail carrier chooses to set a higher limit.
(2) Exempt employees.--
(A) In general.--Except as provided in subparagraph
(B), for purposes of this section, a rail carrier
employee who is exempt from overtime requirements under
section 13(a)(1) of the Fair Labor Standards Act of
1938 (29 U.S.C. 213(a)(1)) shall be deemed to work 40
hours in each workweek.
(B) Shorter normal workweek.--If the normal
workweek of such a rail carrier employee is less than
40 hours, the rail carrier employee shall earn paid
sick time based upon that normal workweek.
(3) Dates for beginning to earn paid sick time and use.--
Except as provided in the second sentence of paragraph (7), a
rail carrier employee shall begin to earn paid sick time under
this section at the commencement of their employment. Except as
provided in such sentence, a rail carrier employee shall be
entitled to use the earned paid sick time beginning on the 60th
calendar day following commencement of the rail carrier
employee's employment. After that 60th calendar day, the rail
carrier employee may use the paid sick time as the time is
earned. A rail carrier may, at the discretion of the rail
carrier, loan paid sick time to a rail carrier employee for use
by such rail carrier employee in advance of the rail carrier
employee earning such sick time as provided in this subsection
and may permit use before the 60th day of employment.
(4) Carryover.--
(A) In general.--Except as provided in subparagraph
(B), paid sick time earned under this section shall
carry over from 1 year to the next.
(B) Construction.--This section shall not be
construed to require a rail carrier to permit a rail
carrier employee to earn more than 56 hours of earned
paid sick time in a calendar year.
(5) Rail carriers with existing policies.--Any rail carrier
with a paid leave policy who makes available an amount of paid
leave that is sufficient to meet the requirements of this
section and that may be used for the same purposes and under
the same conditions and procedures as the purposes, conditions,
and procedures described in this section shall not be required
to permit a rail carrier employee to earn additional paid sick
time under this section.
(6) Construction.--Nothing in this section shall be
construed as requiring financial or other reimbursement to a
rail carrier employee from a rail carrier upon the rail carrier
employee's termination, resignation, retirement, or other
separation from employment for earned paid sick time that has
not been used.
(7) Reinstatement.--If a rail carrier employee is separated
from employment with a rail carrier and is rehired, within 12
months after that separation, by the same rail carrier, the
rail carrier shall reinstate the rail carrier employee's
previously earned paid sick time. The rail carrier employee
shall be entitled to use the earned paid sick time and earn
additional paid sick time at the recommencement of employment
with the rail carrier.
(8) Prohibition.--A rail carrier may not require, as a
condition of providing paid sick time under this section, that
the rail carrier employee involved search for or find a
replacement to cover the hours during which the rail carrier
employee is using paid sick time.
(b) Uses.--Paid sick time earned under subsection (a) may be used
by a rail carrier employee for any of the following:
(1) An absence resulting from a physical or mental illness,
injury, or medical condition of the rail carrier employee.
(2) An absence resulting from obtaining professional
medical diagnosis or care, or preventive medical care, for the
rail carrier employee.
(3) An absence for the purpose of caring for a child, a
parent, a spouse, a domestic partner, or any other individual
related by blood or affinity whose close association with the
rail carrier employee is the equivalent of a family
relationship who--
(A) has any of the conditions or needs for
diagnosis or care described in paragraph (1) or (2);
(B) is required to attend--
(i) in the case of someone who is a child,
a school meeting; or
(ii) a meeting at a place where the child,
parent, spouse, domestic partner, or such other
individual is receiving care necessitated by a
health condition or disability of the child,
parent, spouse, domestic partner, or such other
individual;
(C) is in need of care and is typically cared for
by an individual who is unable to provide care because
the individual has any of conditions or needs for
diagnosis or care described in paragraph (1) or (2); or
(D) is otherwise in need of care.
(4) An absence resulting from domestic violence, sexual
assault, or stalking, if the time is to--
(A) seek medical attention for the rail carrier
employee or the rail carrier employee's child, parent,
spouse, domestic partner, or an individual related to
the rail carrier employee as described in paragraph
(3), to recover from physical or psychological injury
or disability caused by domestic violence, sexual
assault, or stalking;
(B) obtain or assist a child, a parent, a spouse, a
domestic partner, or any other individual related by
blood or affinity whose close association with the rail
carrier employee is the equivalent of a family
relationship in obtaining services from a victim
services organization;
(C) obtain or assist a child, a parent, a spouse, a
domestic partner, or any other individual related by
blood or affinity whose close association with the rail
carrier employee is the equivalent of a family
relationship in obtaining psychological or other
counseling;
(D) seek relocation; or
(E) take legal action, including preparing for or
participating in any civil or criminal legal proceeding
related to or resulting from domestic violence, sexual
assault, or stalking.
(c) Scheduling.--A rail carrier employee shall make a reasonable
effort to schedule a period of paid sick time under this section in a
manner that does not unduly disrupt the operations of the rail carrier.
(d) Procedures.--
(1) In general.--Paid sick time shall be provided upon the
oral or written request of a rail carrier employee. Such
request shall--
(A) include the expected duration of the period of
such time; and
(B)(i) in a case in which the need for such period
of time is foreseeable at least 7 days in advance of
such period, be provided at least 7 days in advance of
such period; or
(ii) otherwise, be provided as soon as practicable
after the rail carrier employee is aware of the need
for such period.
(2) Certification in general.--
(A) Provision.--
(i) In general.--Subject to subparagraph
(C), a rail carrier may require that a request
for paid sick time under this section for a
purpose described in paragraph (1), (2), or (3)
of subsection (b) be supported by a
certification issued by the health care
provider of the rail carrier employee or of an
individual described in subsection (b)(3), as
appropriate, if the period of such time covers
more than 3 consecutive workdays.
(ii) Timeliness.--The rail carrier employee
shall provide a copy of such certification to
the rail carrier in a timely manner not later
than 30 days after the first day of the period
of time. The rail carrier shall not delay the
commencement of the period of time on the basis
that the rail carrier has not yet received the
certification.
(B) Sufficient certification.--A certification
provided under subparagraph (A) shall be sufficient if
it states--
(i) the date on which the period of time
will be needed;
(ii) the probable duration of the period of
time; and
(iii)(I) for purposes of paid sick time
under subsection (b)(1), a statement that
absence from work is medically necessary;
(II) for purposes of such time under
subsection (b)(2), the dates on which testing
for a medical diagnosis or care is expected to
be given and the duration of such testing or
care; and
(III) for purposes of such time under
subsection (b)(3), in the case of time to care
for someone who is not a child, a statement
that care is needed for an individual described
in such subsection, and an estimate of the
amount of time that such care is needed for
such individual.
(C) Regulations.--Regulations prescribed under
subsection (j) shall specify the manner in which a rail
carrier employee who does not have health insurance
shall provide a certification for purposes of this
paragraph.
(D) Confidentiality and nondisclosure.--
(i) Protected health information.--Nothing
in this section shall be construed to require a
health care provider to disclose information in
violation of section 1177 of the Social
Security Act (42 U.S.C. 1320d-6) or the privacy
regulations promulgated pursuant to section
264(c) of the Health Insurance Portability and
Accountability Act of 1996 (42 U.S.C. 1320d-2
note).
(ii) Health information records.--If a rail
carrier possesses health information about a
rail carrier employee or a rail carrier
employee's child, parent, spouse, domestic
partner, or an individual related to the rail
carrier employee as described in subsection
(b)(3), such information shall--
(I) be maintained on a separate
form and in a separate file from other
personnel information;
(II) be treated as a confidential
medical record; and
(III) not be disclosed except to
the affected rail carrier employee or
with the permission of the affected
rail carrier employee.
(3) Certification in the case of domestic violence, sexual
assault, or stalking.--
(A) In general.--A rail carrier may require that a
request for paid sick time under this section for a
purpose described in subsection (b)(4) be supported by
a form of documentation described in subparagraph (B)
if the period of such time covers more than 3
consecutive workdays.
(B) Form of documentation.--A form of documentation
described in this subparagraph is any one of the
following:
(i) A police report indicating that the
rail carrier employee, or an individual
described in subsection (b)(4)(A) with respect
to the rail carrier employee, was a victim of
domestic violence, sexual assault, or stalking.
(ii) A court order protecting or separating
the rail carrier employee, or a such an
individual with respect to the rail carrier
employee, from the perpetrator of an act of
domestic violence, sexual assault, or stalking,
or other evidence from the court or prosecuting
attorney that the rail carrier employee, or an
individual described in subsection (b)(4)(A)
with respect to the rail carrier employee, has
appeared in court or is scheduled to appear in
court in a proceeding related to domestic
violence, sexual assault, or stalking.
(iii) Other documentation signed by a rail
carrier employee or volunteer working for a
victim services organization, an attorney, a
police officer, a medical professional, a
social worker, an antiviolence counselor, or a
member of the clergy, affirming that the rail
carrier employee, or an individual described in
subsection (b)(4)(A) with respect to the rail
carrier employee, is a victim of domestic
violence, sexual assault, or stalking.
(C) Requirements.--The requirements of paragraph
(2) shall apply to certifications under this paragraph,
except that--
(i) subparagraph (B)(iii) of such paragraph
shall not apply;
(ii) the certification shall state the
reason that the leave is required with the
facts to be disclosed limited to the minimum
necessary to establish a need for the rail
carrier employee to be absent from work, and
the rail carrier employee shall not be required
to explain the details of the domestic
violence, sexual assault, or stalking involved;
and
(iii) with respect to confidentiality under
subparagraph (D) of such paragraph, any
information provided to the rail carrier under
this paragraph shall be confidential, except to
the extent that any disclosure of such
information is--
(I) requested or consented to in
writing by the rail carrier employee;
or
(II) otherwise required by
applicable Federal or State law.
(D) Specification of documentation.--A rail carrier
may not specify which of the forms of documentation
described in clause (i), (ii), or (iii) of subparagraph
(B) is required to be provided in order to satisfy the
requirement under subparagraph (A).
(e) Prohibited Acts.--
(1) Interference with rights.--
(A) Exercise of rights.--It shall be unlawful for
any rail carrier to interfere with, restrain, or deny
the exercise of, or the attempt to exercise, any right
provided under this section, including--
(i) discharging or discriminating against
(including retaliating against) any individual,
including a job applicant, for exercising, or
attempting to exercise, any right provided
under this section;
(ii) using the taking of paid sick time
under this section as a negative factor in an
employment action, such as hiring, promotion,
reducing hours or number of shifts, or a
disciplinary action; or
(iii) counting the paid sick time under a
no-fault attendance policy or any other
absence-control policy.
(B) Discrimination.--It shall be unlawful for any
rail carrier to discharge or in any other manner
discriminate against (including retaliating against)
any individual, including a job applicant, for opposing
any practice made unlawful by this section.
(2) Interference with proceedings or inquiries.--It shall
be unlawful for any person to discharge or in any other manner
discriminate against (including retaliating against) any
individual, including a job applicant, because such
individual--
(A) has filed an action, or has instituted or
caused to be instituted any proceeding, under or
related to this section;
(B) has given, or is about to give, any information
in connection with any inquiry or proceeding relating
to any right provided under this section; or
(C) has testified, or is about to testify, in any
inquiry or proceeding relating to any right provided
under this section.
(3) Construction.--Nothing in this section shall be
construed to state or imply that the scope of the activities
prohibited by section 105 of the Family and Medical Leave Act
of 1993 (29 U.S.C. 2615) is less than the scope of the
activities prohibited by this section.
(f) Enforcement Authority.--
(1) In general.--
(A) Investigative authority.--
(i) In general.--To ensure compliance with
the provisions of this section, or any
regulation or order issued under this section,
the Secretary shall have, subject to clause
(iii), the investigative authority provided
under section 11(a) of the Fair Labor Standards
Act of 1938 (29 U.S.C. 211(a)), with respect to
rail carriers, rail carrier employees, and
other individuals affected by a rail carrier.
(ii) Obligation to keep and preserve
records.--A rail carrier shall make, keep, and
preserve records pertaining to compliance with
this section in accordance with section 11(c)
of the Fair Labor Standards Act of 1938 (29
U.S.C. 211(c)) and in accordance with
regulations prescribed by the Secretary.
(iii) Required submissions generally
limited to an annual basis.--The Secretary
shall not require, under the authority of this
paragraph, a rail carrier to submit to the
Secretary any books or records more than once
during any 12-month period, unless the
Secretary has reasonable cause to believe there
may exist a violation of this section or any
regulation or order issued pursuant to this
section, or is investigating a charge pursuant
to subparagraph (C).
(iv) Subpoena authority.--For the purposes
of any investigation provided for in this
paragraph, the Secretary shall have the
subpoena authority provided for under section 9
of the Fair Labor Standards Act of 1938 (29
U.S.C. 209).
(B) Civil action by employees or individuals.--
(i) Right of action.--An action to recover
the damages or equitable relief prescribed in
clause (ii) may be maintained against any rail
carrier in any Federal or State court of
competent jurisdiction by a rail carrier
employee or individual or a representative for
and on behalf of--
(I) the rail carrier employee or
individual; or
(II) the rail carrier employee or
individual and others similarly
situated.
(ii) Liability.--Any rail carrier who
violates subsection (e) (including a violation
relating to rights provided under subsection
(d)) shall be liable to any rail carrier
employee or individual affected--
(I) for damages equal to--
(aa) the amount of--
(AA) any wages,
salary, employment
benefits, or other
compensation denied or
lost by reason of the
violation; or
(BB) in a case in
which wages, salary,
employment benefits, or
other compensation have
not been denied or
lost, any actual
monetary losses
sustained as a direct
result of the violation
up to a sum equal to 56
hours of wages or
salary for the rail
carrier employee or
individual;
(bb) the interest on the
amount described in item (aa)
calculated at the prevailing
rate; and
(cc) an additional amount
as liquidated damages; and
(II) for such equitable relief as
may be appropriate, including
employment, reinstatement, and
promotion.
(iii) Fees and costs.--The court in an
action under this paragraph shall, in addition
to any judgment awarded to the plaintiff, allow
a reasonable attorney's fee, reasonable expert
witness fees, and other costs of the action to
be paid by the defendant.
(C) Action by the secretary.--
(i) Administrative action.--The Secretary
shall receive, investigate, and attempt to
resolve complaints of violations of subsection
(e) (including a violation relating to rights
provided under subsection (d)) in the same
manner that the Secretary receives,
investigates, and attempts to resolve
complaints of violations of sections 6 and 7 of
the Fair Labor Standards Act of 1938 (29 U.S.C.
206 and 207).
(ii) Civil action.--The Secretary may bring
an action in any court of competent
jurisdiction to recover the damages described
in subparagraph (B)(ii)(I).
(iii) Sums recovered.--Any sums recovered
by the Secretary pursuant to clause (ii) shall
be held in a special deposit account and shall
be paid, on order of the Secretary, directly to
each rail carrier employee or individual
affected. Any such sums not paid to a rail
carrier employee or individual affected because
of inability to do so within a period of 3
years shall be deposited into the Treasury of
the United States as miscellaneous receipts.
(D) Limitation.--
(i) In general.--Except as provided in
clause (ii), an action may be brought under
subparagraph (B), (C), or (E) not later than 2
years after the date of the last event
constituting the alleged violation for which
the action is brought.
(ii) Willful violation.--In the case of an
action brought for a willful violation of
subsection (e) (including a willful violation
relating to rights provided under subsection
(d)), such action may be brought not later than
3 years after of the last event constituting
the alleged violation for which such action is
brought.
(iii) Commencement.--In determining when an
action is commenced under subparagraph (B),
(C), or (E) for the purposes of this paragraph,
it shall be considered to be commenced on the
date when the complaint is filed.
(E) Action for injunction by secretary.--The
district courts of the United States shall have
jurisdiction, for cause shown, in an action brought by
the Secretary--
(i) to restrain violations of subsection
(e) (including a violation relating to rights
provided under subsection (a)), including the
restraint of any withholding of payment of
wages, salary, employment benefits, or other
compensation, plus interest, found by the court
to be due to rail carrier employees or
individuals eligible under this section; or
(ii) to award such other equitable relief
as may be appropriate, including employment,
reinstatement, and promotion.
(F) Solicitor of labor.--The Solicitor of Labor may
appear for and represent the Secretary on any
litigation brought under subparagraph (C) or (E).
(g) Effect on Other Laws.--
(1) Federal and state antidiscrimination laws.--Nothing in
this section shall be construed to modify or affect any Federal
or State law prohibiting discrimination on the basis of race,
religion, color, national origin, sex, age, disability, sexual
orientation, gender identity, marital status, familial status,
or any other protected status.
(2) State and local laws.--Nothing in this section shall be
construed to supersede (including preempting) any provision of
any State or local law that provides greater paid sick time or
leave rights (including greater amounts of paid sick time or
leave or greater coverage of those eligible for paid sick time
or leave) than the rights established under this section.
(h) Effect on Existing Employment Benefits.--
(1) More protective.--Nothing in this section shall be
construed to diminish the obligation of a rail carrier to
comply with any contract, collective bargaining agreement, or
any employment benefit program or plan that provides greater
paid sick leave or other leave rights to rail carrier employees
or individuals than the rights established under this section.
(2) Less protective.--The rights established for rail
carrier employees under this section shall not be diminished by
any contract, collective bargaining agreement, or any
employment benefit program or plan.
(i) Encouragement of More Generous Leave Policies.--Nothing in this
section shall be construed to discourage rail carriers from adopting or
retaining leave policies more generous than policies that comply with
the requirements of this section.
(j) Regulations.--Not later than 180 days after the date of
enactment of this section, the Secretary shall prescribe such
regulations as are necessary to carry out this section with respect to
rail carrier employees.
(k) Effective Dates.--
(1) Effective date.--This section shall take effect 6
months after the date of issuance of regulations under
subsection (j).
(2) Collective bargaining agreements.--In the case of a
collective bargaining agreement in effect on the effective date
prescribed by paragraph (1), this section shall take effect on
the earlier of--
(A) the date of the termination of such agreement;
(B) the date of any amendment, made on or after
such effective date, to such agreement; or
(C) the date that occurs 18 months after the date
of issuance of regulations under subsection (j).
(l) Definitions.--In this section, the following definitions apply:
(1) Child.--The term ``child'' means a biological, foster,
or adopted child, a stepchild, a child of a domestic partner, a
legal ward, or a child of a person standing in loco parentis.
(2) Commerce.--The terms ``commerce'' and ``industry or
activity affecting commerce'' mean any activity, business, or
industry in commerce or in which a labor dispute would hinder
or obstruct commerce or the free flow of commerce, and include
``commerce'' and any ``industry affecting commerce'', as
defined in paragraphs (1) and (3) of section 501 of the Labor
Management Relations Act, 1947 (29 U.S.C. 142 (1) and (3)).
(3) Domestic partner.--
(A) In general.--The term ``domestic partner'',
with respect to an individual, means another individual
with whom the individual is in a committed
relationship.
(B) Committed relationship defined.--The term
``committed relationship'' means a relationship between
2 individuals, each at least 18 years of age, in which
each individual is the other individual's sole domestic
partner and both individuals share responsibility for a
significant measure of each other's common welfare. The
term includes any such relationship between 2
individuals, including individuals of the same sex,
that is granted legal recognition by a State or
political subdivision of a State as a marriage or
analogous relationship, including a civil union or
domestic partnership.
(4) Domestic violence.--The term ``domestic violence'' has
the meaning given the term in section 40002(a) of the Violence
Against Women Act of 1994 (34 U.S.C. 12291(a)), except that the
reference in such section to the term ``jurisdiction receiving
grant funding'' shall be deemed to mean the jurisdiction in
which the victim lives or the jurisdiction in which the rail
carrier involved is located. Such term also includes ``dating
violence'', as that term is defined in such section.
(5) Employee.--The term ``employee'' means an individual
who is an employee, as defined in section 3(e) of the Fair
Labor Standards Act of 1938 (29 U.S.C. 203(e)).
(6) Employment benefits.--The term ``employment benefits''
means all benefits provided or made available to rail carrier
employees by a rail carrier, including group life insurance,
health insurance, disability insurance, sick leave, annual
leave, educational benefits, and pensions, regardless of
whether such benefits are provided by a practice or written
policy of a rail carrier or through an ``employee benefit
plan'', as defined in section 3(3) of the Employee Retirement
Income Security Act of 1974 (29 U.S.C. 1002(3)).
(7) Health care provider.--The term ``health care
provider'' means a provider who--
(A) is--
(i) a doctor of medicine or osteopathy who
is authorized to practice medicine or surgery
(as appropriate) by the State in which the
doctor practices; or
(ii) any other person determined by the
Secretary to be capable of providing health
care services; and
(B) is not employed by a rail carrier for whom the
provider issues certification under this section.
(8) Paid sick time.--The term ``paid sick time'' means an
increment of compensated leave that--
(A) can be earned by a rail carrier employee for
use during an absence from employment for any of the
reasons described in paragraphs (1) through (4) of
section 20(b); and
(B) is compensated at a rate that is not less than
the regular rate of pay of the rail carrier employee.
(9) Parent.--The term ``parent'' means a biological,
foster, or adoptive parent of a rail carrier employee, a
stepparent of a rail carrier employee, parent-in-law, parent of
a domestic partner, or a legal guardian or other person who
stood in loco parentis to a rail carrier employee when the rail
carrier employee was a child.
(10) Rail carrier employee.--The term ``rail carrier
employee'' means an employee of a rail carrier who performs
work that has been traditionally performed by employees in a
railroad industry craft or class recognized under the paragraph
designated ``Ninth'' of section 2 of the Railway Labor Act (45
U.S.C. 152), including any employee who performs--
(A) work with respect to the movement of trains;
(B) maintenance of way work;
(C) signal work;
(D) work for purposes of the inspection,
maintenance, repair, or cleaning of locomotives, rail
maintenance facilities, rail-related equipment, or rail
cars;
(E) dispatching work;
(F) work with respect to controlling the movement
of equipment within a rail yard; or
(G) rail clerical or communications work.
(11) Secretary.--The term ``Secretary'' means the Secretary
of Labor.
(12) Sexual assault.--The term ``sexual assault'' has the
meaning given the term in section 40002(a) of the Violence
Against Women Act of 1994 (34 U.S.C. 12291(a)).
(13) Spouse.--The term ``spouse'', with respect to a rail
carrier employee, has the meaning given such term by the
marriage laws of the State in which the marriage was
celebrated.
(14) Stalking.--The term ``stalking'' has the meaning given
the term in section 40002(a) of the Violence Against Women Act
of 1994 (34 U.S.C. 12291(a)).
(15) State.--The term ``State'' has the meaning given the
term in section 3 of the Fair Labor Standards Act of 1938 (29
U.S.C. 203).
(16) Victim services organization.--The term ``victim
services organization'' means a nonprofit, nongovernmental
organization that provides assistance to victims of domestic
violence, sexual assault, or stalking or advocates for such
victims, including a rape crisis center, an organization
carrying out a domestic violence, sexual assault, or stalking
prevention or treatment program, an organization operating a
shelter or providing counseling services, or a legal services
organization or other organization providing assistance through
the legal process.
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