118 HR 5871 IH: Rail Worker and Community Safety Act
U.S. House of Representatives
2023-10-02
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.
I
118th CONGRESS
1st Session
H. R. 5871
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. Cárdenas, 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. Sánchez, 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. García 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.
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.
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.
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:
“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.”.
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).
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.”.
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”.
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.
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.
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.
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:
“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.”.
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:
“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.”.
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:
“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.”.
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.
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:
“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.
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).
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:
“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.”.
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.”.
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”.
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:
“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.”.
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.