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[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.
                                 <all>
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