I 

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. CA ́RDENAS, Mr. MAGAZINER, Ms. PETTERSEN, Ms. MCCOLLUM, Ms. TITUS, Mr. 

KRISHNAMOORTHI, Mr. CARSON, Ms. NORTON, Ms. TLAIB, Ms. OCASIOCORTEZ, Mr. POCAN, Mr. DESAULNIER, Mr. MOSKOWITZ, Ms. 

PRESSLEY, Ms. SA ́NCHEZ, 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. GARCI ́A

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 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

4 (a) SHORT TITLE.—This Act may be cited as the 

5 ‘‘Rail Worker and Community Safety Act’’. 


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1 (b) TABLE OF CONTENTS.—The table of contents for 

2 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. 

3 SEC. 2. DEFINITIONS. 

4 In this Act, the following definitions apply: 

5 (1) RAILROAD.—The term ‘‘railroad’’ has the 

6 meaning given that term in section 10102 of title 

7 49, United States Code. 

8 (2) RAIL CARRIER.—The term ‘‘rail carrier’’ 

9 has the meaning given the term in section 10102 of 

10 title 49, United States Code. 

11 (3) SECRETARY.—Except as provided in section 

12 20, the term ‘‘Secretary’’ means the Secretary of 

13 Transportation. 

14 SEC. 3. FREIGHT TRAIN CREW SIZE SAFETY STANDARDS. 

15 (a) SHORT TITLE.—This section may be cited as the 

16 ‘‘Safe Freight Act of 2023’’. 


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1 (b) FREIGHT TRAIN CREW SIZE.—Subchapter II of 

2 chapter 201 of title 49, United States Code, is amended 

3 by inserting after section 20153 the following: 

4 ‘‘§ 20154. Freight train crew size safety standards 

5 ‘‘(a) MINIMUM CREW SIZE.—No freight train may be 

6 operated without a 2-person crew consisting of at least 1 

7 appropriately qualified and certified conductor and 1 ap8 propriately qualified and certified locomotive engineer. 

9 ‘‘(b) EXCEPTIONS.—Except as provided in subsection 

10 (c), the requirement under subsection (a) shall not apply 

11 with respect to— 

12 ‘‘(1) train operations on track that is not a 

13 main line track; 

14 ‘‘(2) a freight train operated— 

15 ‘‘(A) by a railroad carrier that has fewer 

16 than 400,000 total employee work hours annu17 ally and less than $40,000,000 annual revenue 

18 (adjusted for inflation, as calculated by the Sur19 face Transportation Board Railroad Inflation 

20 Adjusted Index and Deflator Factor Table); 

21 ‘‘(B) at a speed of not more than 25 miles 

22 per hour; and 

23 ‘‘(C) on a track with an average track 

24 grade of less than 2 percent for any segment of 

25 track that is at least 2 continuous miles; 


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1 ‘‘(3) locomotives performing assistance to a 

2 train that has incurred mechanical failure or lacks 

3 the power to traverse difficult terrain, including 

4 traveling to or from the location where assistance is 

5 provided; 

6 ‘‘(4) locomotives that— 

7 ‘‘(A) are not attached to any equipment or 

8 are attached only to a caboose; and 

9 ‘‘(B) do not travel father than 30 miles 

10 from the point of origin of such locomotive; and 

11 ‘‘(5) train operations staffed with fewer than a 

12 2-person crew at least 1 year before the date of en13 actment of this section, if the Secretary of Transpor14 tation determines that such operations achieve an 

15 equivalent level of safety as would result from com16 pliance with the requirement under subsection (a). 

17 ‘‘(c) TRAINS INELIGIBLE FOR EXCEPTION.—The ex18 ceptions under subsection (b) may not be applied to— 

19 ‘‘(1) a train transporting 1 or more loaded cars 

20 carrying high-level radioactive waste, spent nuclear 

21 fuel, or material toxic by inhalation (as defined in 

22 section 171.8 of title 49, Code of Federal Regula23 tions); 

24 ‘‘(2) a train transporting— 


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1 ‘‘(A) 20 or more loaded tank cars of a 

2 Class 2 material or a Class 3 flammable liquid 

3 in a continuous block; or 

4 ‘‘(B) 35 or more loaded tank cars of a 

5 Class 2 material or a Class 3 flammable liquid 

6 throughout the train consist; or 

7 ‘‘(3) a train with a total length exceeding 7,500 

8 feet. 

9 ‘‘(d) STATUTORY CONSTRUCTION.—Nothing in this 

10 section shall be construed to supersede or preempt any 

11 provision of State or local law that provides for minimum 

12 crew requirements in excess of the 2-person crew require13 ments established under this section.’’. 

14 (c) CLERICAL AMENDMENT.—The analysis for sub15 chapter II of chapter 201 of title 49, United States Code, 

16 is amended by inserting after the item relating to section 

17 20153 the following: 

‘‘20154. Freight train crew size safety standards.’’. 

18 SEC. 4. SAFETY REGULATIONS FOR TRAIN OPERATIONS. 

19 (a) RULEMAKING.—Not later than 1 year after the 

20 date of the enactment of this Act, the Secretary of Trans21 portation shall issue regulations, or modify existing regu22 lations, establishing safety requirements, in accordance 

23 with subsection (b), with which a shipper or rail carrier 

24 operating a train transporting hazardous materials that 

25 is not subject to the requirements for a high-hazard flamVerDate Sep 11 2014 00:09 Oct 05, 2023 Jkt 049200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H5871.IH H5871

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1 mable train under section 174.310 of title 49, Code of 

2 Federal Regulations, shall comply with respect to the op3 eration of each such train and the maintenance of speci4 fication tank cars. 

5 (b) REQUIREMENTS.—The regulations issued pursu6 ant to subsection (a) shall require shippers and rail car7 riers— 

8 (1) to provide advance notification and informa9 tion regarding the transportation of hazardous mate10 rials described in subsection (a) to each State emer11 gency response commissioner, the Tribal Emergency 

12 Response Commission, or any other State or Tribal 

13 agency responsible for receiving the information no14 tification for emergency response planning informa15 tion; 

16 (2) to include, in the notification provided pur17 suant to paragraph (1), a written gas discharge plan 

18 with respect to the applicable hazardous materials 

19 being transported; and 

20 (3) to reduce or eliminate blocked crossings re21 sulting from delays in train movements. 

22 (c) ADDITIONAL REQUIREMENTS.—In developing the 

23 regulations required under subsection (a), the Secretary 

24 shall include requirements regarding— 

25 (1) train length and weight; 


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1 (2) train consist; 

2 (3) minimum buffer zones between where crew 

3 are present on the train and cars with hazardous 

4 materials; 

5 (4) route analysis and selection; 

6 (5) speed restrictions; 

7 (6) track standards; 

8 (7) track, bridge, and rail car maintenance; 

9 (8) signaling and train control; 

10 (9) response plans; and 

11 (10) any other requirements that the Secretary 

12 determines are necessary. 

13 (d) ADDITIONAL RULEMAKING.—Not later than 2 

14 years after the date of the enactment of this Act, the Sec15 retary shall issue regulations, or modify existing regula16 tions, establishing safety requirements for rail carriers op17 erating trains that pose a potential safety risk that include 

18 requirements regarding— 

19 (1) train length and weight; 

20 (2) train consist; 

21 (3) the ability for train crews to communicate 

22 with each other and other rail employees; 

23 (4) signaling and train control; 

24 (5) response plans; and 


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1 (6) any other requirements that the Secretary 

2 determines necessary. 

3 (e) HIGH-HAZARD FLAMMABLE TRAINS.—Not later 

4 than 1 year after the date of the enactment of this Act, 

5 the Secretary shall modify the safety requirements for 

6 trains subject to section 174.310 of title 49, Code of Fed7 eral Regulations, to satisfy, in whole or in part, the rule8 making required under subsection (a). 

9 SEC. 5. YARDMASTERS HOURS OF SERVICE. 

10 (a) LIMITATIONS ON DUTY HOURS OF YARDMASTER

11 EMPLOYEES.—Section 21103 of title 49, United States 

12 Code, is amended— 

13 (1) in the section heading by inserting ‘‘and 

14 yardmaster employees’’ after ‘‘train em15 ployees’’; 

16 (2) by inserting ‘‘or yardmaster employee’’ after 

17 ‘‘train employee’’ each place it appears; and 

18 (3) in subsection (e) by inserting ‘‘or 

19 yardmaster employee’s’’ after ‘‘During a train em20 ployee’s’’. 

21 (b) DEFINITIONS.—Section 21101 of title 49, United 

22 States Code, is amended— 

23 (1) in paragraph (3) by inserting ‘‘a yardmaster 

24 employee,’’ after ‘‘dispatching service employee,’’; 

25 and 


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1 (2) by adding at the end the following: 

2 ‘‘(6) ‘yardmaster employee’ means an individual 

3 responsible for supervising and coordinating the con4 trol of trains and engines operating within a rail 

5 yard.’’. 

6 (c) CONFORMING AMENDMENT.—The analysis for 

7 chapter 211 of title 49, United States Code, is amended 

8 by striking the item relating to section 21103 and insert9 ing the following: 

‘‘21103. Limitations on duty hours of train employees and yardmaster employees.’’. 

10 SEC. 6. HAZARDOUS SAFETY OR SECURITY CONDITIONS. 

11 (a) IN GENERAL.—Section 20109(b) of title 49, 

12 United States Code, is amended by adding at the end the 

13 following: 

14 ‘‘(4) A refusal to work described in paragraph (1)(B) 

15 may be an action by an individual employee, a group of 

16 employees, or a collective bargaining representative on be17 half of affected employees.’’. 

18 (b) ENFORCEMENT.—Section 20109(d)(1) of title 49, 

19 United States Code, is amended by inserting ‘‘, or a collec20 tive bargaining representative acting on behalf of affected 

21 employees,’’ after ‘‘An employee’’. 

22 SEC. 7. EXCEPTED TRACK AND HAZARDOUS MATERIALS. 

23 (a) MOVEMENTS ON EXCEPTED TRACK.—Not more 

24 than 1 year after the date of enactment of this Act, the 


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1 Secretary of Transportation shall update part 213.4(e) of 

2 title 49, Code of Federal Regulations, to make it clear that 

3 no railcar required to be placarded by the Federal Rail4 road Administration’s hazardous materials regulations 

5 shall be transported by a railroad on any segment of track 

6 defined by the Federal Railroad Administration as ex7 cepted track. 

8 (b) NO WAIVERS.—The Secretary may not waive or 

9 fail to enforce this limitation under any circumstances. 

10 SEC. 8. TRACK INSPECTION REQUIREMENTS. 

11 (a) TRACK INSPECTION REQUIREMENTS.—Not more 

12 than 1 year after the date of enactment of this Act, the 

13 Secretary of Transportation shall update subpart F and 

14 subpart G, part 213 of title 49, Code of Federal Regula15 tions, by requiring that a qualifying Track Geometry 

16 Measurement System (in this section referred to as 

17 ‘‘TGMS’’) operate over the following track classifications 

18 at the following frequencies: 

19 (1) For operations at a qualified cant defi20 ciency, Eu, of more than 5 inches on track Classes 

21 1 through 5, at least 4 times per calendar year with 

22 not less than 43 days between TGMS inspections. 

23 (2) For track Class 1, operating more than 15 

24 million gross tons (MGT) on an annual basis, at 


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1 least once per calendar year with not less than 170 

2 days between TGMS inspections. 

3 (3) For track Class 2— 

4 (A) less than 15 MGT annually, at least 

5 once per calendar year with not less than 170 

6 days between TGMS inspections; and 

7 (B) more than 15 MGT annually, at least 

8 twice per calendar year with not less than 120 

9 days between TGMS inspections. 

10 (4) For track Class 3— 

11 (A) less than 15 MGT annually, at least 

12 twice per calendar year with not less than 120 

13 days between TGMS inspections; and 

14 (B) more than 15 MGT annually, at least 

15 3 times per calendar year with not less than 90 

16 days between TGMS inspections. 

17 (5) For track Class 4— 

18 (A) less than 15 MGT annually, at least 3 

19 times per calendar year with not less than 90 

20 days between TGMS inspections; and 

21 (B) more than 15 MGT annually, at least 

22 4 times per calendar year with not less than 43 

23 days between TGMS inspections. 


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1 (6) For track Class 5, at least 4 times per cal2 endar year with not less than 43 days between 

3 TGMS inspections. 

4 (7) For track Classes 6 and 7, at least twice 

5 within any 120-day period with not less than 25 

6 days between TGMS inspections. 

7 (8) For track Class 8, at least twice within any 

8 60-day period with not less than 12 days between 

9 TGMS inspections. 

10 (9) For track Class 9, at least twice within any 

11 30-day period with not less than 6 days between 

12 TGMS inspections. 

13 (10) For crossovers where the track speed is 

14 more than 30 miles per hour, at least twice per cal15 endar year with not less than 120 days between 

16 TGMS inspections. 

17 (b) APPLICABLE REQUIREMENTS.—The Secretary 

18 shall ensure that any requirements under subpart F and 

19 subpart G, part 213 of title 49, Code of Federal Regula20 tion, including part 213.333, that are triggered by the 

21 amendments made in subsection (a) are applied to the ap22 plicable track Class. 

23 (c) MODIFYING REGULATIONS.—The Secretary is au24 thorized to modify or issue such regulations as necessary 

25 to carry out this section. 


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1 SEC. 9. TRAIN APPROACH WARNING. 

2 Not later than 1 year after the date of enactment 

3 of this Act, the Secretary of Transportation shall promul4 gate or update such regulations as are necessary to require 

5 that all railroads provide warning equipment to railroad 

6 watchmen and lookouts for roadway workers that— 

7 (1) include whistles, air horns, white disks or 

8 red flags, or lanterns; and 

9 (2) may only include the use of a verbal warn10 ing if a single worker receiving such warning is with11 in arms reach of the individual issuing such warn12 ing. 

13 SEC. 10. CERTIFICATION OF SIGNAL EMPLOYEES. 

14 (a) IN GENERAL.—Subchapter II of chapter 201 of 

15 title 49, United States Code, is amended by adding at the 

16 end the following new section: 

17 ‘‘§ 20172. Certification of signal employees 

18 ‘‘(a) CERTIFICATION PROGRAM.—Not later than 12 

19 months after the date of enactment of the Rail Worker 

20 and Community Safety Act, the Secretary of Transpor21 tation shall promulgate regulations to establish a program 

22 requiring the certification of signal installation, repair, 

23 maintenance, and testing employees. 

24 ‘‘(b) UPDATED PLANS.—In promulgating such regu25 lations, the Secretary shall require that railroad carriers, 

26 contractors, and subcontractors submit, not later than 180 


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1 days after such regulations are finalized, updated training 

2 and qualification plans pursuant to section 20162, that 

3 take into account the regulations the Secretary issues 

4 under subsection (a) for signal installation, repair, mainte5 nance, and testing employees. 

6 ‘‘(c) MEANINGFUL CONSULTATION.—Any railroad 

7 carrier, contractor, or subcontractor required to submit an 

8 updated plan under subsection (b) shall consult with, em9 ploy good faith, and use its best efforts to reach agreement 

10 with any nonprofit employee labor organization for em11 ployees covered by this section in the formation of said 

12 plan before submitting it to the Secretary for approval. 

13 ‘‘(d) AUTHORITY TO DEFINE TERM.—The Secretary 

14 shall have the authority to promulgate regulations regard15 ing what the terms ‘consult’, ‘employ good faith’, and ‘use 

16 its best efforts to reach agreement with’ mean and any 

17 necessary associated requirements for the purposes of car18 rying out subsection (c).’’. 

19 (b) CONFORMING AMENDMENT.—The chapter anal20 ysis for chapter 201 is amended by adding at the end the 

21 following: 

‘‘20172. Certification of signal employees.’’. 

22 SEC. 11. WAYSIDE DETECTIONS TECHNOLOGY. 

23 (a) WAYSIDE DETECTION TECHNOLOGIES DE24 FINED.—Section 20102 of title 49, United States Code, 

25 is amended by adding at the end the following: 


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1 ‘‘(5) ‘wayside detection technologies’ means— 

2 ‘‘(A) any devices and equipment situated 

3 within the rail system that can detect and com4 municate a potential or known safety condition; 

5 and 

6 ‘‘(B) the equipment, apparatuses, includ7 ing onboard or wayside, or associated appur8 tenances to technology necessary to ensure all 

9 defects outside of the prescribed values for the 

10 equipment will be appropriately identified and 

11 transmitted to the operating crew of a train be12 fore a failure occurs.’’. 

13 (b) IN GENERAL.—Subchapter II of chapter 201 of 

14 title 49, United States Code, is further amended by adding 

15 at the end the following new section: 

16 ‘‘§ 20173. Wayside detection technologies 

17 ‘‘(a) RULEMAKING.—Not later than 2 years after the 

18 date of the enactment of the Rail Worker and Community 

19 Safety Act, the Secretary shall issue regulations estab20 lishing requirements for the installation, repair, testing, 

21 maintenance, and operation of wayside detection tech22 nologies. 

23 ‘‘(b) SPECIFIC TECHNOLOGIES.—The Secretary shall 

24 issue regulations under subsection (a) for categories of 

25 wayside detection technologies, including— 


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1 ‘‘(1) hotbox detectors; 

2 ‘‘(2) dragging equipment detectors; 

3 ‘‘(3) wheel issues detection devices (e.g. Load 

4 Impact, High Heat); 

5 ‘‘(4) slide detection devices (e.g. Rock Slide, 

6 Earth Slide); 

7 ‘‘(5) train height and width detection devices; 

8 ‘‘(6) element detection devices (e.g. High 

9 Water, Flood, Wind, and Fire detection); and 

10 ‘‘(7) other wayside detection technologies as de11 termined by the Secretary. 

12 ‘‘(c) SEPARATE REGULATIONS.—The Secretary may 

13 issue separate regulations for each category listed in sub14 section (b) as necessary. 

15 ‘‘(d) REQUIREMENTS.—The regulations issued pur16 suant to subsection (a) shall include requirements regard17 ing— 

18 ‘‘(1) the frequency of the placement of wayside 

19 detection technologies; 

20 ‘‘(2) performance standards for such detection 

21 technologies; 

22 ‘‘(3) the installation, maintenance, repair and 

23 testing requirements for such detection technologies; 

24 ‘‘(4) reporting and monitoring data and mainte25 nance records of such detection technologies; 


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1 ‘‘(5) appropriate steps the rail carrier must 

2 take when receiving an alert of a defect, failure, or 

3 a likely failure based on trending data, from or re4 garding such detection technologies; and 

5 ‘‘(6) any other requirement the Secretary con6 siders necessary.’’. 

7 (c) CONFORMING AMENDMENT.—The analysis for 

8 subchapter II of chapter 201 is further amended by add9 ing at the end the following: 

‘‘20173. Wayside detection technologies.’’. 

10 SEC. 12. CERTIFICATION OF TRAIN DISPATCHERS. 

11 (a) IN GENERAL.—Subchapter II of chapter 201 of 

12 title 49, United States Code, is further amended by adding 

13 at the end the following new section: 

14 ‘‘§ 20174. Certification of train dispatchers 

15 ‘‘(a) CERTIFICATION PROGRAM.—Not later than 12 

16 months after the date of enactment of the Rail Worker 

17 and Community Safety Act, the Secretary of Transpor18 tation shall prescribe regulations to establish a program 

19 requiring the certification of dispatching service employ20 ees, as defined by section 21101. 

21 ‘‘(b) UPDATED PLANS.—In promulgating such regu22 lations, the Secretary shall require that railroad carriers, 

23 contractors, and subcontractors submit, not later than 180 

24 days after such regulations are finalized, updated training 

25 and qualification plans pursuant to section 20162, that 


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1 take into account the regulations the Secretary issues 

2 under subsection (a) for dispatching service employees. 

3 ‘‘(c) MEANINGFUL CONSULTATION.—Subject to sub4 section (d), any railroad carrier, contractor, or subcon5 tractor required to submit an updated plan under sub6 section (b) shall submit, as part of a request the Secretary 

7 for approval, evidence of an agreement with any nonprofit 

8 employee labor organization for employees covered by this 

9 section in the formation of said plan, to the extent the 

10 covered employees are represented by a nonprofit em11 ployee labor organization. 

12 ‘‘(d) STATEMENT.—If the railroad carrier, con13 tractor, or subcontractor, and its directly affected employ14 ees, including any nonprofit employee labor organization 

15 representing a class or craft of directly affected employees, 

16 cannot reach consensus on the proposed contents of the 

17 plan, then directly affected employees and such organiza18 tion may file a statement with the Secretary explaining 

19 their views on the plan on which consensus was not 

20 reached. The Secretary shall consider such views during 

21 review and approval of the plan.’’. 

22 (b) CLERICAL AMENDMENT.—The analysis for sub23 chapter II of chapter 201 is further amended by adding 

24 at the end the following: 

‘‘20174. Certification of train dispatchers.’’. 


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1 SEC. 13. EQUIPMENT INSPECTIONS. 

2 Not later than 12 months after the date of enactment 

3 of this Act, the Secretary of Transportation shall issue 

4 such regulations as are necessary to— 

5 (1) prohibit any train from being moved out of 

6 a switchyard before all required brake inspections of 

7 locomotives and rail cars have been completed; 

8 (2) allow only the Qualified Mechanical Inspec9 tor assigned to inspect a locomotive or rail car to 

10 sign off on the Form FRA F6180–49A (commonly 

11 known as the ‘‘blue card’’) for locomotive inspections 

12 or the satisfactory Class I brake inspection or end 

13 of train device form relating to such locomotive or 

14 rail car related to rail car inspections; and 

15 (3) ensure that any inspection conducted under 

16 part 215 of title 49, Code of Federal Regulations, 

17 utilizing inspection technologies, including artificial 

18 intelligence or camera-based systems, require 

19 verification or validation by a Qualified Mechanical 

20 Inspector. 

21 SEC. 14. INSPECTIONS. 

22 (a) TIME AVAILABLE FOR INSPECTION.— 

23 (1) IN GENERAL.—Subchapter II of chapter 

24 201 of title 49, United States Code, is further 

25 amended by adding at the end the following: 


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1 ‘‘§ 20175. Time available for inspection 

2 ‘‘No railroad may limit the time required for an em3 ployee to complete a railcar, locomotive, or brake inspec4 tion to ensure that each railcar, locomotive, and brake sys5 tem complies with safety laws and regulations.’’. 

6 (2) CLERICAL AMENDMENT.—The analysis for 

7 subchapter II of chapter 201 of title 49, United 

8 States Code, is further amended by adding at the 

9 end the following: 

‘‘20175. Time available for inspection.’’. 

10 (b) PRE-DEPARTURE RAILCAR INSPECTIONS.—Not 

11 later than 120 days after the date of the enactment of 

12 this Act, the Secretary shall amend the pre-departure in13 spection requirements for Class I railroads under part 215 

14 of title 49, Code of Federal Regulations— 

15 (1) to ensure that after initial consultation with 

16 the Administrator of the Federal Railroad Adminis17 tration, and after each 6 subsequent annual con18 sultation, each railroad identifies inspection locations 

19 and, at such locations, has inspectors designated 

20 under such part 215 available for the purpose of in21 specting freight cars; 

22 (2) to ensure that all freight cars are inspected 

23 by an inspector designated under such part 215 at 

24 a designated inspection location in the direction of 

25 travel as soon as practicable; and 


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1 (3) to require each railroad that operates rail2 road freight cars to which such part 215 applies to 

3 designate persons qualified to inspect railroad 

4 freight rail cars, subject to any existing collective 

5 bargaining agreement, for compliance and deter6 minations required under such part. 

7 (c) QUALIFIED LOCOMOTIVE INSPECTIONS.—Not 

8 later than 1 year after the date of the enactment of this 

9 Act, the Secretary shall review and amend, as necessary, 

10 regulations under chapters 229 and 243 of title 49, Code 

11 of Federal Regulations— 

12 (1) to ensure appropriate training qualifications 

13 and proficiency of employees, including qualified me14 chanical inspectors, performing locomotive inspec15 tions; and 

16 (2) for locomotives in service on a Class I rail17 road, to require a daily inspection to be performed 

18 by a qualified mechanical inspector at least once 

19 every 7 days under section 229.23(b)(2) of title 49, 

20 Code of Federal Regulations. 

21 (d) AUDITS.— 

22 (1) IN GENERAL.—Not later than 60 days after 

23 the date of the enactment of this Act, the Secretary 

24 shall initiate audits of Federal railcar, locomotive, 

25 and train brake system inspection compliance with 


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1 chapter II of subtitle B of title 49, Code of Federal 

2 Regulations. In carrying out such audits, the Sec3 retary shall— 

4 (A) consider whether the railroad has in 

5 place procedures necessary for railcar, loco6 motive, and train brake system inspection com7 pliance under such chapter; 

8 (B) assess the type, content, and adequacy 

9 of training and performance metrics the rail10 road provides employees who perform railcar, 

11 locomotive, and train brake system inspections, 

12 including the qualifications specified for such 

13 employees; 

14 (C) determine whether the railroad has 

15 practices that would interfere with an employ16 ee’s responsibility to perform an inspection 

17 safely; 

18 (D) determine whether railcars, loco19 motives, and train brake systems are inspected 

20 on the railroad’s network in accordance with 

21 such chapter; 

22 (E) involve proper communication of iden23 tified defects to railroad personnel and make 

24 appropriate use of remedial action reports to 

25 verify that repairs are made; 


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1 (F) determine whether managers coerce 

2 employees to sign off on any documents 

3 verifying an inspection or repair of a railcar, lo4 comotive, or train brake system; 

5 (G) determine whether the railroad’s in6 spection procedures reflect the current oper7 ating practices of the rail carrier; and 

8 (H) ensure that railroad inspection proce9 dures only provide for the use of persons per10 mitted to perform each relevant inspection 

11 under such chapter. 

12 (2) AUDIT SCHEDULING.—The Secretary 

13 shall— 

14 (A) schedule the audits required under 

15 paragraph (1) to ensure that— 

16 (i) every Class I railroad is audited 

17 not less frequently than once every 5 years; 

18 and 

19 (ii) a limited number, as determined 

20 by the Secretary, of Class II and Class III 

21 railroads are audited annually, except that 

22 no audit of a tourist, scenic, historic, or ex23 cursion operation may be required under 

24 this subsection; and 


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1 (B) conduct the audits described in sub2 paragraph (A)(ii) in accordance with— 

3 (i) the Small Business Regulatory En4 forcement Fairness Act of 1996 (5 U.S.C. 

5 5 601 note); and 

6 (ii) appendix C of part 209 of title 49, 

7 Code of Federal Regulations. 

8 (3) UPDATES TO INSPECTION PROGRAM AND

9 PROCEDURES.—If, during an audit required under 

10 this subsection, the auditor identifies a deficiency in 

11 a railroad’s procedures or practices necessary to en12 sure compliance with chapter II of subtitle B of title 

13 49, Code of Federal Regulations, the railroad shall 

14 eliminate such deficiency, after first being provided 

15 the opportunity to address whether such a deficiency 

16 exists. 

17 (4) CONSULTATION AND COOPERATION.— 

18 (A) CONSULTATION.—In conducting an 

19 audit required under this subsection, the Sec20 retary shall consult with the railroad being au21 dited and the employees of such railroad, in22 cluding any nonprofit employee labor organiza23 tion representing the employees of the railroad 

24 that conduct railcar, locomotive, or train brake 

25 system inspections. 


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1 (B) COOPERATION.—The railroad being 

2 audited and the employees of such railroad, in3 cluding any nonprofit employee labor organiza4 tion representing mechanical employees, shall 

5 fully cooperate with any audit conducted pursu6 ant to this subsection— 

7 (i) by providing any relevant docu8 ments requested; and 

9 (ii) by making available any employees 

10 for interview without undue delay or ob11 struction. 

12 (C) FAILURE TO COOPERATE.—If the Sec13 retary determines that a railroad or any of the 

14 employees of such railroad, including any non15 profit employee labor organization representing 

16 mechanical employees of the railroad is not 

17 fully cooperating with an audit conducted pur18 suant to this subsection, the Secretary shall 

19 electronically notify the Committee on Com20 merce, Science, and Transportation of the Sen21 ate and the Committee on Transportation and 

22 Infrastructure of the House of Representatives 

23 of the failure to fully cooperate with such audit. 

24 (e) REVIEW OF REGULATIONS.—Not later than 5 

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1 odically thereafter, the Secretary shall determine whether 

2 any update to chapters I and II of subtitle B of title 49, 

3 Code of Federal Regulations, is necessary to ensure the 

4 adequacy of railcar, locomotive, and train brake system 

5 inspections. 

6 (f) ANNUAL REPORT.—The Secretary shall publish 

7 an annual report on the public website of the Federal Rail8 road Administration that— 

9 (1) summarizes the findings of the audits con10 ducted pursuant to subsection (d) during the most 

11 recently concluded fiscal year; 

12 (2) summarizes any updates made to chapter I 

13 or II of subtitle B of title 49, Code of Federal Regu14 lations, pursuant to this section; and 

15 (3) excludes any confidential business informa16 tion or sensitive security information. 

17 (g) RULE OF CONSTRUCTION.—Nothing in this sec18 tion may be construed— 

19 (1) to provide the Secretary with any authority 

20 to interpret, revise, alter, or apply a collectively bar21 gained agreement, nor any authority over collective 

22 bargaining, collectively bargained agreements, or any 

23 aspect of the Railway Labor Act (45 U.S.C. 151 et 

24 24 seq.); 


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1 (2) to alter the terms or interpretations of ex2 isting collective bargaining agreements; or 

3 (3) to abridge any procedural rights or rem4 edies provided under a collectively bargained agree5 ment. 

6 SEC. 15. RAIL SAFETY INSPECTIONS GS CLASSIFICATION 

7 ADJUSTMENT. 

8 (a) GS CLASSIFICATION ADJUSTMENT.—Subsection 

9 (b) of Section 5109 of Title 5, United States Code is 

10 amended by— 

11 (1) In paragraph (1), striking ‘‘GS–12’’ and in12 serting ‘‘GS–13’’; and 

13 (2) In paragraph (2), striking ‘‘GS–13’’ and in14 serting ‘‘GS–14’’. 

15 (b) OFFICE OF PERSONNEL MANAGEMENT COR16 RESPONDING ACTIONS.—Not later than 180 days after 

17 the date of enactment of this Act, the Director of the Of18 fice of Personnel Management shall update the Railroad 

19 Safety Series, GS–2121, TS–37 dated November 1979, to 

20 reflect the amendment made in subsection (a). 

21 (c) SECRETARY OF TRANSPORTATION COR22 RESPONDING ACTIONS.—Not later than 180 days after 

23 the date of enactment of this Act, the Secretary of Trans24 portation shall update the Railroad Safety Inspector and 


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1 Railroad Safety Specialist General Schedule grades, to re2 flect the amendment made in subsection (a). 

3 SEC. 16. MINIMUM AMOUNT OF FEDERAL RAIL SAFETY IN4 SPECTORS. 

5 (a) IN GENERAL.—Subchapter II of chapter 201 of 

6 title 49, United States Code, is further amended by adding 

7 at the end the following: 

8 ‘‘§ 20176. Rail safety inspectors 

9 ‘‘(a) MINIMUM RAIL INSPECTOR LEVEL.—The Office 

10 of Safety of the Federal Railroad Administration shall 

11 have not less than 425 railroad safety inspectors, as de12 scribed in section 5109(b)(1) of title 5. 

13 ‘‘(b) BREAKDOWN.—Of the railroad safety inspectors 

14 required under subsection (a), there shall be at least— 

15 ‘‘(1) 80 that are hazardous materials experts; 

16 ‘‘(2) 80 that are track experts; 

17 ‘‘(3) 80 that are motive power and equipment 

18 experts; 

19 ‘‘(4) 80 that are signals and train control ex20 perts; 

21 ‘‘(5) 80 that are operating practice experts; and 

22 ‘‘(6) 25 that are rail grade crossing experts. 

23 ‘‘(c) REPORT TO CONGRESS.—If at the end of a fiscal 

24 year, the Office of Safety of the Federal Railroad Adminis25 tration has not met the goal established in subsection (a), 


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1 the Secretary shall not later than 90 days after the last 

2 day of such fiscal year, submit to the Committee on Com3 merce, Science, and Transportation of the United States 

4 Senate, and the Committee on Transportation and Infra5 structure of the United States House of Representatives 

6 a report that— 

7 ‘‘(1) explains why the goal was not met; 

8 ‘‘(2) establishes an action plan to meet such 

9 goal; and 

10 ‘‘(3) describes any additional funding or legisla11 tion from Congress necessary to meet such goal.’’. 

12 (b) CONFORMING AMENDMENT.—The chapter anal13 ysis for chapter 201 is further amended by adding at the 

14 end the following: 

‘‘20176. Rail safety inspectors.’’. 

15 SEC. 17. ADDITIONAL FUNDING FOR RAIL SAFETY INSPEC16 TORS. 

17 Section 20117 of title 49, United States Code is 

18 amended by adding at the end the following: 

19 ‘‘(f) RAILROAD SAFETY INSPECTORS.— 

20 ‘‘(1) In addition to amounts otherwise author21 ized by law, there is authorized to be appropriated 

22 $12,000,000 for each of the fiscal years 2024 

23 through 2028 to hire railroad safety inspectors, as 

24 described in section 5109(b)(1) of title 5. 


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1 ‘‘(2) In addition to amounts otherwise author2 ized by law, there is authorized to be appropriated 

3 $10,500,000 for each of the fiscal years 2024 

4 through 2028 to increase the pay of existing such 

5 railroad safety inspectors to not less than a GS–13 

6 level. 

7 ‘‘(3) With the amounts made available pursuant 

8 to paragraph (1), the Secretary shall hire railroad 

9 safety inspectors in the following manner, except 

10 that the Secretary shall strive to keep the propor11 tionality listed below if the amount made availability 

12 is less than what is authorized in paragraph (1): 

13 ‘‘(A) 14 that are hazardous materials ex14 perts. 

15 ‘‘(B) 14 that are track experts. 

16 ‘‘(C) 14 that are motive power and equip17 ment experts. 

18 ‘‘(D) 14 that are signals and train control 

19 experts. 

20 ‘‘(E) 14 that are operating practice ex21 perts. 

22 ‘‘(F) 5 that are rail grade crossing ex23 perts.’’. 


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1 SEC. 18. PLANNING AND TRAINING GRANTS NONPROFIT 

2 ELIGIBILITY. 

3 Section 5116 of title 49, United States Code, is 

4 amended— 

5 (1) in subsection (a)— 

6 (A) in paragraph (1) by striking ‘‘States 

7 and Indian tribes’’ and inserting ‘‘States, In8 dian tribes, and nonprofit organizations’’; 

9 (B) in paragraph (2) by striking ‘‘State or 

10 Indian tribe’’ and inserting ‘‘State, Indian 

11 tribe, or nonprofit organization’’; 

12 (C) in paragraph (3) by striking ‘‘State or 

13 Indian tribe’’ and inserting ‘‘State, Indian 

14 tribe, or nonprofit organization’’; 

15 (D) by redesignating paragraphs (5) and 

16 (6) as paragraphs (6) and (7), respectively; 

17 (E) by inserting after paragraph (4) the 

18 following: 

19 ‘‘(5) A nonprofit organization referred to in 

20 subsection (a) is a nonprofit organization that— 

21 ‘‘(A) represents first responders or public 

22 officials responsible for coordinating disaster re23 sponse; and 

24 ‘‘(B) is able to provide direct or web-based 

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1 ing to accidents and incidents involving haz2 ardous materials.’’; 

3 (F) in paragraph (6), as so redesignated— 

4 (i) in subparagraph (B) by striking 

5 ‘‘political subdivision, or Indian tribe’’ and 

6 inserting ‘‘political subdivision, Indian 

7 tribe, or nonprofit organization’’; and 

8 (ii) in subparagraph (C) by striking 

9 ‘‘State or Indian tribe’’ and inserting 

10 ‘‘State, Indian tribe, or nonprofit organiza11 tion’’ each place it appears; and 

12 (G) in paragraph (7), as so redesignated— 

13 (i) by striking ‘‘States and Indian 

14 tribes’’ and inserting ‘‘States, Indian 

15 tribes, and nonprofit organizations’’; and 

16 (ii) in subparagraph (E), by striking 

17 ‘‘State or Indian tribe’’ and inserting 

18 ‘‘State, Indian tribe, or nonprofit organiza19 tion’’. 

20 (2) in subsection (c), by striking ‘‘State or In21 dian tribe’’ and inserting ‘‘State, Indian tribe, or 

22 nonprofit organization’’; and 

23 (3) in subsection (d)— 


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1 (A) by striking ‘‘State or Indian tribe’’ and 

2 inserting ‘‘State, Indian tribe, or nonprofit or3 ganization’’; and 

4 (B) by striking ‘‘State or tribe’’ and insert5 ing ‘‘State, Indian tribe, or nonprofit organiza6 tion’’; and 

7 (4) in subsection (e), by striking ‘‘political sub8 division of a State, or Indian tribe’’ and inserting 

9 ‘‘political subdivision of a State, Indian tribe, or 

10 nonprofit organization’’. 

11 SEC. 19. CONFIDENTIAL CLOSE CALL REPORTING SYSTEMS. 

12 (a) IN GENERAL.—Subchapter II of chapter 201 of 

13 title 49, United States Code, is further amended by adding 

14 at the end the following: 

15 ‘‘§ 20177. Confidential close call reporting systems 

16 ‘‘(a) RULEMAKING.—Not later than 1 year after the 

17 date of the enactment of this section, the Secretary shall 

18 issue regulations that require an applicable railroad car19 rier shall follow in establishing a confidential close call re20 porting system program (in this section referred to as the 

21 ‘Program’). The Secretary may use any information and 

22 experience gathered through research and pilot programs 

23 on confidential close call reporting systems in developing 

24 regulations under this subsection, including continuing the 

25 use of third parties for the collection of close call reports 


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1 and distribution of close call data. The Secretary shall en2 sure that an applicable railroad carrier’s employees receive 

3 protection under the Program from any related Federal 

4 Railroad Administration enforcement actions. 

5 ‘‘(b) PROGRAM DEVELOPMENT AND OVERSIGHT.— 

6 ‘‘(1) IN GENERAL.—Not later than 180 days 

7 after the date on which the regulations under sub8 section (a) are issued, an applicable railroad carrier 

9 shall develop and submit a proposed Program to the 

10 Secretary for review and approval. 

11 ‘‘(2) CONTENTS.—The proposal submitted by a 

12 railroad carrier under paragraph (1) shall— 

13 ‘‘(A) a describe the core principles and val14 ues of its proposed Program; 

15 ‘‘(B) explain the rights, roles, and respon16 sibilities of Program stakeholders; 

17 ‘‘(C) identify concerns and interests; and 

18 ‘‘(D) describe how the Program will oper19 ate. 

20 ‘‘(3) REVIEW.— 

21 ‘‘(A) IN GENERAL.—The Secretary shall 

22 review and approve or disapprove each proposed 

23 Program within a reasonable amount of time. If 

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1 rier in writing of the specific areas in which the 

2 proposed Program is deficient. The applicable 

3 railroad carrier shall correct all deficiencies 

4 within a reasonable period of time following re5 ceipt of written notice from the Secretary. 

6 ‘‘(B) UPDATES.—An applicable railroad 

7 carrier shall update the Program as needed and 

8 obtain the Secretary’s approval prior to making 

9 any major changes to such Program. 

10 ‘‘(C) ANNUAL REVIEWS.—The Secretary 

11 shall conduct an annual review to ensure that 

12 each applicable railroad carrier is in compliance 

13 with the approved Program of the carrier. 

14 ‘‘(c) ESTABLISHMENT.—Not later than 2 years after 

15 the date of the enactment of this section, each applicable 

16 railroad carrier shall establish a confidential close call re17 porting system pursuant to the rulemaking under sub18 section (a). 

19 ‘‘(d) PROGRAM ELEMENTS.—Under the Program 

20 each applicable railroad carrier shall— 

21 ‘‘(1) provide a safe environment for its employ22 ees to report unsafe events and conditions; 

23 ‘‘(2) for unsafe events and conditions reported 

24 within the scope of a confidential close call reporting 


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1 system, ensure that the employees of the carrier are 

2 protected from railroad carrier discipline; 

3 ‘‘(3) use information collected through the con4 fidential close call reporting system to develop and 

5 implement targeted corrective actions, as appro6 priate; and 

7 ‘‘(4) use information collected by the system to 

8 supplement inspection data in identifying safety 

9 issues and emerging risks before such issues or risks 

10 develop into accidents. 

11 ‘‘(e) CONSENSUS.— 

12 ‘‘(1) IN GENERAL.—Each applicable railroad 

13 carrier shall consult with, employ good faith with, 

14 and use best efforts to reach agreement with all of 

15 its directly affected employees, including any non16 profit employee labor organization representing a 

17 class or craft of directly affected employees of the 

18 applicable railroad carrier, on the development and 

19 implementation of the proposed Program. 

20 ‘‘(2) STATEMENTS.—If an applicable railroad 

21 carrier and the directly affected employees of such 

22 carrier, including any nonprofit employee labor orga23 nization representing a class or craft of directly af24 fected employees of the applicable railroad carrier, 

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1 plementation of the proposed Program, then directly 

2 affected employees and such organization may file a 

3 statement with the Secretary explaining the views of 

4 such employees on the proposed Program on which 

5 consensus was not reached. The Secretary shall con6 sider such views during review of the proposed Pro7 gram under subsection (b)(3)(A). 

8 ‘‘(f) VOLUNTARY PROGRAM ESTABLISHMENT.—Any 

9 railroad carrier that is not an applicable railroad carrier 

10 may voluntarily establish a Program under this section. 

11 This section, and any regulations promulgated under this 

12 section, shall apply to a Program that is voluntarily estab13 lished. 

14 ‘‘(g) USE OF DATA.—The Secretary may use the con15 fidential close call reporting data when— 

16 ‘‘(1) implementing or updating the Federal 

17 Railroad Administration’s National Inspection Plan; 

18 ‘‘(2) performing focused inspections; or 

19 ‘‘(3) developing agency rulemakings and guid20 ance, as appropriate. 

21 ‘‘(h) DEFINITION OF APPLICABLE RAILROAD CAR22 RIER.—In this section, the term ‘applicable railroad car23 rier’ means a railroad carrier that— 

24 ‘‘(1) is a Class I railroad; 


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1 ‘‘(2) has inadequate safety performance, as de2 termined by the Secretary; or 

3 ‘‘(3) provides intercity rail passenger or com4 muter rail passenger transportation. 

5 ‘‘(i) AUTHORIZATION OF APPROPRIATIONS.—There 

6 are authorized to be appropriated to the Secretary such 

7 sums as may be necessary— 

8 ‘‘(1) to implement this section; and 

9 ‘‘(2) to support the nationwide implementation 

10 of confidential close call reporting system programs, 

11 as the Secretary determines appropriate.’’. 

12 (b) CLERICAL AMENDMENT.—The analysis for chap13 ter 201 of title 49, United States Code, is further amend14 ed by adding at the end the following: 

‘‘20177. Confidential close call reporting systems.’’. 

15 SEC. 20. EARNED PAID SICK TIME. 

16 (a) EARNING OF PAID SICK TIME.— 

17 (1) IN GENERAL.—A rail carrier shall provide 

18 each rail carrier employee employed by the rail car19 rier not less than 1 hour of earned paid sick time 

20 for every 30 hours worked, to be used as described 

21 in this section. A rail carrier shall not be required 

22 to permit a rail carrier employee to earn, under this 

23 section, more than 56 hours of paid sick time in a 

24 year, unless the rail carrier chooses to set a higher 

25 limit. 


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1 (2) EXEMPT EMPLOYEES.— 

2 (A) IN GENERAL.—Except as provided in 

3 subparagraph (B), for purposes of this section, 

4 a rail carrier employee who is exempt from 

5 overtime requirements under section 13(a)(1) of 

6 the Fair Labor Standards Act of 1938 (29 

7 U.S.C. 213(a)(1)) shall be deemed to work 40 

8 hours in each workweek. 

9 (B) SHORTER NORMAL WORKWEEK.—If 

10 the normal workweek of such a rail carrier em11 ployee is less than 40 hours, the rail carrier em12 ployee shall earn paid sick time based upon that 

13 normal workweek. 

14 (3) DATES FOR BEGINNING TO EARN PAID SICK

15 TIME AND USE.—Except as provided in the second 

16 sentence of paragraph (7), a rail carrier employee 

17 shall begin to earn paid sick time under this section 

18 at the commencement of their employment. Except 

19 as provided in such sentence, a rail carrier employee 

20 shall be entitled to use the earned paid sick time be21 ginning on the 60th calendar day following com22 mencement of the rail carrier employee’s employ23 ment. After that 60th calendar day, the rail carrier 

24 employee may use the paid sick time as the time is 

25 earned. A rail carrier may, at the discretion of the 


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1 rail carrier, loan paid sick time to a rail carrier em2 ployee for use by such rail carrier employee in ad3 vance of the rail carrier employee earning such sick 

4 time as provided in this subsection and may permit 

5 use before the 60th day of employment. 

6 (4) CARRYOVER.— 

7 (A) IN GENERAL.—Except as provided in 

8 subparagraph (B), paid sick time earned under 

9 this section shall carry over from 1 year to the 

10 next. 

11 (B) CONSTRUCTION.—This section shall 

12 not be construed to require a rail carrier to per13 mit a rail carrier employee to earn more than 

14 56 hours of earned paid sick time in a calendar 

15 year. 

16 (5) RAIL CARRIERS WITH EXISTING POLI17 CIES.—Any rail carrier with a paid leave policy who 

18 makes available an amount of paid leave that is suf19 ficient to meet the requirements of this section and 

20 that may be used for the same purposes and under 

21 the same conditions and procedures as the purposes, 

22 conditions, and procedures described in this section 

23 shall not be required to permit a rail carrier em24 ployee to earn additional paid sick time under this 

25 section. 


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1 (6) CONSTRUCTION.—Nothing in this section 

2 shall be construed as requiring financial or other re3 imbursement to a rail carrier employee from a rail 

4 carrier upon the rail carrier employee’s termination, 

5 resignation, retirement, or other separation from 

6 employment for earned paid sick time that has not 

7 been used. 

8 (7) REINSTATEMENT.—If a rail carrier em9 ployee is separated from employment with a rail car10 rier and is rehired, within 12 months after that sep11 aration, by the same rail carrier, the rail carrier 

12 shall reinstate the rail carrier employee’s previously 

13 earned paid sick time. The rail carrier employee 

14 shall be entitled to use the earned paid sick time and 

15 earn additional paid sick time at the recommence16 ment of employment with the rail carrier. 

17 (8) PROHIBITION.—A rail carrier may not re18 quire, as a condition of providing paid sick time 

19 under this section, that the rail carrier employee in20 volved search for or find a replacement to cover the 

21 hours during which the rail carrier employee is using 

22 paid sick time. 

23 (b) USES.—Paid sick time earned under subsection 

24 (a) may be used by a rail carrier employee for any of the 

25 following: 


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1 (1) An absence resulting from a physical or 

2 mental illness, injury, or medical condition of the 

3 rail carrier employee. 

4 (2) An absence resulting from obtaining profes5 sional medical diagnosis or care, or preventive med6 ical care, for the rail carrier employee. 

7 (3) An absence for the purpose of caring for a 

8 child, a parent, a spouse, a domestic partner, or any 

9 other individual related by blood or affinity whose 

10 close association with the rail carrier employee is the 

11 equivalent of a family relationship who— 

12 (A) has any of the conditions or needs for 

13 diagnosis or care described in paragraph (1) or 

14 (2); 

15 (B) is required to attend— 

16 (i) in the case of someone who is a 

17 child, a school meeting; or 

18 (ii) a meeting at a place where the 

19 child, parent, spouse, domestic partner, or 

20 such other individual is receiving care ne21 cessitated by a health condition or dis22 ability of the child, parent, spouse, domes23 tic partner, or such other individual; 

24 (C) is in need of care and is typically cared 

25 for by an individual who is unable to provide 


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1 care because the individual has any of condi2 tions or needs for diagnosis or care described in 

3 paragraph (1) or (2); or 

4 (D) is otherwise in need of care. 

5 (4) An absence resulting from domestic vio6 lence, sexual assault, or stalking, if the time is to— 

7 (A) seek medical attention for the rail car8 rier employee or the rail carrier employee’s 

9 child, parent, spouse, domestic partner, or an 

10 individual related to the rail carrier employee as 

11 described in paragraph (3), to recover from 

12 physical or psychological injury or disability 

13 caused by domestic violence, sexual assault, or 

14 stalking; 

15 (B) obtain or assist a child, a parent, a 

16 spouse, a domestic partner, or any other indi17 vidual related by blood or affinity whose close 

18 association with the rail carrier employee is the 

19 equivalent of a family relationship in obtaining 

20 services from a victim services organization; 

21 (C) obtain or assist a child, a parent, a 

22 spouse, a domestic partner, or any other indi23 vidual related by blood or affinity whose close 

24 association with the rail carrier employee is the 


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1 equivalent of a family relationship in obtaining 

2 psychological or other counseling; 

3 (D) seek relocation; or 

4 (E) take legal action, including preparing 

5 for or participating in any civil or criminal legal 

6 proceeding related to or resulting from domestic 

7 violence, sexual assault, or stalking. 

8 (c) SCHEDULING.—A rail carrier employee shall 

9 make a reasonable effort to schedule a period of paid sick 

10 time under this section in a manner that does not unduly 

11 disrupt the operations of the rail carrier. 

12 (d) PROCEDURES.— 

13 (1) IN GENERAL.—Paid sick time shall be pro14 vided upon the oral or written request of a rail car15 rier employee. Such request shall— 

16 (A) include the expected duration of the 

17 period of such time; and 

18 (B)(i) in a case in which the need for such 

19 period of time is foreseeable at least 7 days in 

20 advance of such period, be provided at least 7 

21 days in advance of such period; or 

22 (ii) otherwise, be provided as soon as prac23 ticable after the rail carrier employee is aware 

24 of the need for such period. 

25 (2) CERTIFICATION IN GENERAL.— 


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1 (A) PROVISION.— 

2 (i) IN GENERAL.—Subject to subpara3 graph (C), a rail carrier may require that 

4 a request for paid sick time under this sec5 tion for a purpose described in paragraph 

6 (1), (2), or (3) of subsection (b) be sup7 ported by a certification issued by the 

8 health care provider of the rail carrier em9 ployee or of an individual described in sub10 section (b)(3), as appropriate, if the period 

11 of such time covers more than 3 consecu12 tive workdays. 

13 (ii) TIMELINESS.—The rail carrier 

14 employee shall provide a copy of such cer15 tification to the rail carrier in a timely 

16 manner not later than 30 days after the 

17 first day of the period of time. The rail 

18 carrier shall not delay the commencement 

19 of the period of time on the basis that the 

20 rail carrier has not yet received the certifi21 cation. 

22 (B) SUFFICIENT CERTIFICATION.—A cer23 tification provided under subparagraph (A) 

24 shall be sufficient if it states— 


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1 (i) the date on which the period of 

2 time will be needed; 

3 (ii) the probable duration of the pe4 riod of time; and 

5 (iii)(I) for purposes of paid sick time 

6 under subsection (b)(1), a statement that 

7 absence from work is medically necessary; 

8 (II) for purposes of such time under 

9 subsection (b)(2), the dates on which test10 ing for a medical diagnosis or care is ex11 pected to be given and the duration of such 

12 testing or care; and 

13 (III) for purposes of such time under 

14 subsection (b)(3), in the case of time to 

15 care for someone who is not a child, a 

16 statement that care is needed for an indi17 vidual described in such subsection, and an 

18 estimate of the amount of time that such 

19 care is needed for such individual. 

20 (C) REGULATIONS.—Regulations pre21 scribed under subsection (j) shall specify the 

22 manner in which a rail carrier employee who 

23 does not have health insurance shall provide a 

24 certification for purposes of this paragraph. 


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1 (D) CONFIDENTIALITY AND NONDISCLO2 SURE.— 

3 (i) PROTECTED HEALTH INFORMA4 TION.—Nothing in this section shall be 

5 construed to require a health care provider 

6 to disclose information in violation of sec7 tion 1177 of the Social Security Act (42 

8 U.S.C. 1320d–6) or the privacy regulations 

9 promulgated pursuant to section 264(c) of 

10 the Health Insurance Portability and Ac11 countability Act of 1996 (42 U.S.C. 

12 1320d–2 note). 

13 (ii) HEALTH INFORMATION

14 RECORDS.—If a rail carrier possesses 

15 health information about a rail carrier em16 ployee or a rail carrier employee’s child, 

17 parent, spouse, domestic partner, or an in18 dividual related to the rail carrier employee 

19 as described in subsection (b)(3), such in20 formation shall— 

21 (I) be maintained on a separate 

22 form and in a separate file from other 

23 personnel information; 

24 (II) be treated as a confidential 

25 medical record; and 


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1 (III) not be disclosed except to 

2 the affected rail carrier employee or 

3 with the permission of the affected 

4 rail carrier employee. 

5 (3) CERTIFICATION IN THE CASE OF DOMESTIC

6 VIOLENCE, SEXUAL ASSAULT, OR STALKING.— 

7 (A) IN GENERAL.—A rail carrier may re8 quire that a request for paid sick time under 

9 this section for a purpose described in sub10 section (b)(4) be supported by a form of docu11 mentation described in subparagraph (B) if the 

12 period of such time covers more than 3 consecu13 tive workdays. 

14 (B) FORM OF DOCUMENTATION.—A form 

15 of documentation described in this subpara16 graph is any one of the following: 

17 (i) A police report indicating that the 

18 rail carrier employee, or an individual de19 scribed in subsection (b)(4)(A) with re20 spect to the rail carrier employee, was a 

21 victim of domestic violence, sexual assault, 

22 or stalking. 

23 (ii) A court order protecting or sepa24 rating the rail carrier employee, or a such 

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1 rier employee, from the perpetrator of an 

2 act of domestic violence, sexual assault, or 

3 stalking, or other evidence from the court 

4 or prosecuting attorney that the rail car5 rier employee, or an individual described in 

6 subsection (b)(4)(A) with respect to the 

7 rail carrier employee, has appeared in 

8 court or is scheduled to appear in court in 

9 a proceeding related to domestic violence, 

10 sexual assault, or stalking. 

11 (iii) Other documentation signed by a 

12 rail carrier employee or volunteer working 

13 for a victim services organization, an attor14 ney, a police officer, a medical professional, 

15 a social worker, an antiviolence counselor, 

16 or a member of the clergy, affirming that 

17 the rail carrier employee, or an individual 

18 described in subsection (b)(4)(A) with re19 spect to the rail carrier employee, is a vic20 tim of domestic violence, sexual assault, or 

21 stalking. 

22 (C) REQUIREMENTS.—The requirements of 

23 paragraph (2) shall apply to certifications 

24 under this paragraph, except that— 


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1 (i) subparagraph (B)(iii) of such para2 graph shall not apply; 

3 (ii) the certification shall state the 

4 reason that the leave is required with the 

5 facts to be disclosed limited to the min6 imum necessary to establish a need for the 

7 rail carrier employee to be absent from 

8 work, and the rail carrier employee shall 

9 not be required to explain the details of the 

10 domestic violence, sexual assault, or stalk11 ing involved; and 

12 (iii) with respect to confidentiality 

13 under subparagraph (D) of such para14 graph, any information provided to the rail 

15 carrier under this paragraph shall be con16 fidential, except to the extent that any dis17 closure of such information is— 

18 (I) requested or consented to in 

19 writing by the rail carrier employee; 

20 or 

21 (II) otherwise required by appli22 cable Federal or State law. 

23 (D) SPECIFICATION OF DOCUMENTA24 TION.—A rail carrier may not specify which of 

25 the forms of documentation described in clause 


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1 (i), (ii), or (iii) of subparagraph (B) is required 

2 to be provided in order to satisfy the require3 ment under subparagraph (A). 

4 (e) PROHIBITED ACTS.— 

5 (1) INTERFERENCE WITH RIGHTS.— 

6 (A) EXERCISE OF RIGHTS.—It shall be un7 lawful for any rail carrier to interfere with, re8 strain, or deny the exercise of, or the attempt 

9 to exercise, any right provided under this sec10 tion, including— 

11 (i) discharging or discriminating 

12 against (including retaliating against) any 

13 individual, including a job applicant, for 

14 exercising, or attempting to exercise, any 

15 right provided under this section; 

16 (ii) using the taking of paid sick time 

17 under this section as a negative factor in 

18 an employment action, such as hiring, pro19 motion, reducing hours or number of 

20 shifts, or a disciplinary action; or 

21 (iii) counting the paid sick time under 

22 a no-fault attendance policy or any other 

23 absence-control policy. 

24 (B) DISCRIMINATION.—It shall be unlaw25 ful for any rail carrier to discharge or in any 


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1 other manner discriminate against (including 

2 retaliating against) any individual, including a 

3 job applicant, for opposing any practice made 

4 unlawful by this section. 

5 (2) INTERFERENCE WITH PROCEEDINGS OR IN6 QUIRIES.—It shall be unlawful for any person to dis7 charge or in any other manner discriminate against 

8 (including retaliating against) any individual, includ9 ing a job applicant, because such individual— 

10 (A) has filed an action, or has instituted or 

11 caused to be instituted any proceeding, under 

12 or related to this section; 

13 (B) has given, or is about to give, any in14 formation in connection with any inquiry or 

15 proceeding relating to any right provided under 

16 this section; or 

17 (C) has testified, or is about to testify, in 

18 any inquiry or proceeding relating to any right 

19 provided under this section. 

20 (3) CONSTRUCTION.—Nothing in this section 

21 shall be construed to state or imply that the scope 

22 of the activities prohibited by section 105 of the 

23 Family and Medical Leave Act of 1993 (29 U.S.C. 

24 2615) is less than the scope of the activities prohib25 ited by this section. 


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1 (f) ENFORCEMENT AUTHORITY.— 

2 (1) IN GENERAL.— 

3 (A) INVESTIGATIVE AUTHORITY.— 

4 (i) IN GENERAL.—To ensure compli5 ance with the provisions of this section, or 

6 any regulation or order issued under this 

7 section, the Secretary shall have, subject to 

8 clause (iii), the investigative authority pro9 vided under section 11(a) of the Fair 

10 Labor Standards Act of 1938 (29 U.S.C. 

11 211(a)), with respect to rail carriers, rail 

12 carrier employees, and other individuals af13 fected by a rail carrier. 

14 (ii) OBLIGATION TO KEEP AND PRE15 SERVE RECORDS.—A rail carrier shall 

16 make, keep, and preserve records per17 taining to compliance with this section in 

18 accordance with section 11(c) of the Fair 

19 Labor Standards Act of 1938 (29 U.S.C. 

20 211(c)) and in accordance with regulations 

21 prescribed by the Secretary. 

22 (iii) REQUIRED SUBMISSIONS GEN23 ERALLY LIMITED TO AN ANNUAL BASIS.— 

24 The Secretary shall not require, under the 

25 authority of this paragraph, a rail carrier 


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1 to submit to the Secretary any books or 

2 records more than once during any 12- 

3 month period, unless the Secretary has 

4 reasonable cause to believe there may exist 

5 a violation of this section or any regulation 

6 or order issued pursuant to this section, or 

7 is investigating a charge pursuant to sub8 paragraph (C). 

9 (iv) SUBPOENA AUTHORITY.—For the 

10 purposes of any investigation provided for 

11 in this paragraph, the Secretary shall have 

12 the subpoena authority provided for under 

13 section 9 of the Fair Labor Standards Act 

14 of 1938 (29 U.S.C. 209). 

15 (B) CIVIL ACTION BY EMPLOYEES OR INDI16 VIDUALS.— 

17 (i) RIGHT OF ACTION.—An action to 

18 recover the damages or equitable relief pre19 scribed in clause (ii) may be maintained 

20 against any rail carrier in any Federal or 

21 State court of competent jurisdiction by a 

22 rail carrier employee or individual or a rep23 resentative for and on behalf of— 

24 (I) the rail carrier employee or 

25 individual; or 


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1 (II) the rail carrier employee or 

2 individual and others similarly situ3 ated. 

4 (ii) LIABILITY.—Any rail carrier who 

5 violates subsection (e) (including a viola6 tion relating to rights provided under sub7 section (d)) shall be liable to any rail car8 rier employee or individual affected— 

9 (I) for damages equal to— 

10 (aa) the amount of— 

11 (AA) any wages, salary, 

12 employment benefits, or 

13 other compensation denied 

14 or lost by reason of the vio15 lation; or 

16 (BB) in a case in which 

17 wages, salary, employment 

18 benefits, or other compensa19 tion have not been denied or 

20 lost, any actual monetary 

21 losses sustained as a direct 

22 result of the violation up to 

23 a sum equal to 56 hours of 

24 wages or salary for the rail 


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1 carrier employee or indi2 vidual; 

3 (bb) the interest on the 

4 amount described in item (aa) 

5 calculated at the prevailing rate; 

6 and 

7 (cc) an additional amount as 

8 liquidated damages; and 

9 (II) for such equitable relief as 

10 may be appropriate, including employ11 ment, reinstatement, and promotion. 

12 (iii) FEES AND COSTS.—The court in 

13 an action under this paragraph shall, in 

14 addition to any judgment awarded to the 

15 plaintiff, allow a reasonable attorney’s fee, 

16 reasonable expert witness fees, and other 

17 costs of the action to be paid by the de18 fendant. 

19 (C) ACTION BY THE SECRETARY.— 

20 (i) ADMINISTRATIVE ACTION.—The 

21 Secretary shall receive, investigate, and at22 tempt to resolve complaints of violations of 

23 subsection (e) (including a violation relat24 ing to rights provided under subsection 

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1 retary receives, investigates, and attempts 

2 to resolve complaints of violations of sec3 tions 6 and 7 of the Fair Labor Standards 

4 Act of 1938 (29 U.S.C. 206 and 207). 

5 (ii) CIVIL ACTION.—The Secretary 

6 may bring an action in any court of com7 petent jurisdiction to recover the damages 

8 described in subparagraph (B)(ii)(I). 

9 (iii) SUMS RECOVERED.—Any sums 

10 recovered by the Secretary pursuant to 

11 clause (ii) shall be held in a special deposit 

12 account and shall be paid, on order of the 

13 Secretary, directly to each rail carrier em14 ployee or individual affected. Any such 

15 sums not paid to a rail carrier employee or 

16 individual affected because of inability to 

17 do so within a period of 3 years shall be 

18 deposited into the Treasury of the United 

19 States as miscellaneous receipts. 

20 (D) LIMITATION.— 

21 (i) IN GENERAL.—Except as provided 

22 in clause (ii), an action may be brought 

23 under subparagraph (B), (C), or (E) not 

24 later than 2 years after the date of the last 


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1 event constituting the alleged violation for 

2 which the action is brought. 

3 (ii) WILLFUL VIOLATION.—In the 

4 case of an action brought for a willful vio5 lation of subsection (e) (including a willful 

6 violation relating to rights provided under 

7 subsection (d)), such action may be 

8 brought not later than 3 years after of the 

9 last event constituting the alleged violation 

10 for which such action is brought. 

11 (iii) COMMENCEMENT.—In deter12 mining when an action is commenced 

13 under subparagraph (B), (C), or (E) for 

14 the purposes of this paragraph, it shall be 

15 considered to be commenced on the date 

16 when the complaint is filed. 

17 (E) ACTION FOR INJUNCTION BY SEC18 RETARY.—The district courts of the United 

19 States shall have jurisdiction, for cause shown, 

20 in an action brought by the Secretary— 

21 (i) to restrain violations of subsection 

22 (e) (including a violation relating to rights 

23 provided under subsection (a)), including 

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1 fits, or other compensation, plus interest, 

2 found by the court to be due to rail carrier 

3 employees or individuals eligible under this 

4 section; or 

5 (ii) to award such other equitable re6 lief as may be appropriate, including em7 ployment, reinstatement, and promotion. 

8 (F) SOLICITOR OF LABOR.—The Solicitor 

9 of Labor may appear for and represent the Sec10 retary on any litigation brought under subpara11 graph (C) or (E). 

12 (g) EFFECT ON OTHER LAWS.— 

13 (1) FEDERAL AND STATE ANTIDISCRIMINATION

14 LAWS.—Nothing in this section shall be construed to 

15 modify or affect any Federal or State law prohib16 iting discrimination on the basis of race, religion, 

17 color, national origin, sex, age, disability, sexual ori18 entation, gender identity, marital status, familial 

19 status, or any other protected status. 

20 (2) STATE AND LOCAL LAWS.—Nothing in this 

21 section shall be construed to supersede (including 

22 preempting) any provision of any State or local law 

23 that provides greater paid sick time or leave rights 

24 (including greater amounts of paid sick time or leave 

25 or greater coverage of those eligible for paid sick 


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1 time or leave) than the rights established under this 

2 section. 

3 (h) EFFECT ON EXISTING EMPLOYMENT BENE4 FITS.— 

5 (1) MORE PROTECTIVE.—Nothing in this sec6 tion shall be construed to diminish the obligation of 

7 a rail carrier to comply with any contract, collective 

8 bargaining agreement, or any employment benefit 

9 program or plan that provides greater paid sick 

10 leave or other leave rights to rail carrier employees 

11 or individuals than the rights established under this 

12 section. 

13 (2) LESS PROTECTIVE.—The rights established 

14 for rail carrier employees under this section shall not 

15 be diminished by any contract, collective bargaining 

16 agreement, or any employment benefit program or 

17 plan. 

18 (i) ENCOURAGEMENT OF MORE GENEROUS LEAVE

19 POLICIES.—Nothing in this section shall be construed to 

20 discourage rail carriers from adopting or retaining leave 

21 policies more generous than policies that comply with the 

22 requirements of this section. 

23 (j) REGULATIONS.—Not later than 180 days after 

24 the date of enactment of this section, the Secretary shall 


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1 prescribe such regulations as are necessary to carry out 

2 this section with respect to rail carrier employees. 

3 (k) EFFECTIVE DATES.— 

4 (1) EFFECTIVE DATE.—This section shall take 

5 effect 6 months after the date of issuance of regula6 tions under subsection (j). 

7 (2) COLLECTIVE BARGAINING AGREEMENTS.— 

8 In the case of a collective bargaining agreement in 

9 effect on the effective date prescribed by paragraph 

10 (1), this section shall take effect on the earlier of— 

11 (A) the date of the termination of such 

12 agreement; 

13 (B) the date of any amendment, made on 

14 or after such effective date, to such agreement; 

15 or 

16 (C) the date that occurs 18 months after 

17 the date of issuance of regulations under sub18 section (j). 

19 (l) DEFINITIONS.—In this section, the following defi20 nitions apply: 

21 (1) CHILD.—The term ‘‘child’’ means a biologi22 cal, foster, or adopted child, a stepchild, a child of 

23 a domestic partner, a legal ward, or a child of a per24 son standing in loco parentis. 


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1 (2) COMMERCE.—The terms ‘‘commerce’’ and 

2 ‘‘industry or activity affecting commerce’’ mean any 

3 activity, business, or industry in commerce or in 

4 which a labor dispute would hinder or obstruct com5 merce or the free flow of commerce, and include 

6 ‘‘commerce’’ and any ‘‘industry affecting com7 merce’’, as defined in paragraphs (1) and (3) of sec8 tion 501 of the Labor Management Relations Act, 

9 1947 (29 U.S.C. 142 (1) and (3)). 

10 (3) DOMESTIC PARTNER.— 

11 (A) IN GENERAL.—The term ‘‘domestic 

12 partner’’, with respect to an individual, means 

13 another individual with whom the individual is 

14 in a committed relationship. 

15 (B) COMMITTED RELATIONSHIP DE16 FINED.—The term ‘‘committed relationship’’ 

17 means a relationship between 2 individuals, 

18 each at least 18 years of age, in which each in19 dividual is the other individual’s sole domestic 

20 partner and both individuals share responsi21 bility for a significant measure of each other’s 

22 common welfare. The term includes any such 

23 relationship between 2 individuals, including in24 dividuals of the same sex, that is granted legal 

25 recognition by a State or political subdivision of 


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1 a State as a marriage or analogous relationship, 

2 including a civil union or domestic partnership. 

3 (4) DOMESTIC VIOLENCE.—The term ‘‘domestic 

4 violence’’ has the meaning given the term in section 

5 40002(a) of the Violence Against Women Act of 

6 1994 (34 U.S.C. 12291(a)), except that the ref7 erence in such section to the term ‘‘jurisdiction re8 ceiving grant funding’’ shall be deemed to mean the 

9 jurisdiction in which the victim lives or the jurisdic10 tion in which the rail carrier involved is located. 

11 Such term also includes ‘‘dating violence’’, as that 

12 term is defined in such section. 

13 (5) EMPLOYEE.—The term ‘‘employee’’ means 

14 an individual who is an employee, as defined in sec15 tion 3(e) of the Fair Labor Standards Act of 1938 

16 (29 U.S.C. 203(e)). 

17 (6) EMPLOYMENT BENEFITS.—The term ‘‘em18 ployment benefits’’ means all benefits provided or 

19 made available to rail carrier employees by a rail 

20 carrier, including group life insurance, health insur21 ance, disability insurance, sick leave, annual leave, 

22 educational benefits, and pensions, regardless of 

23 whether such benefits are provided by a practice or 

24 written policy of a rail carrier or through an ‘‘em25 ployee benefit plan’’, as defined in section 3(3) of 


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1 the Employee Retirement Income Security Act of 

2 1974 (29 U.S.C. 1002(3)). 

3 (7) HEALTH CARE PROVIDER.—The term 

4 ‘‘health care provider’’ means a provider who— 

5 (A) is— 

6 (i) a doctor of medicine or osteopathy 

7 who is authorized to practice medicine or 

8 surgery (as appropriate) by the State in 

9 which the doctor practices; or 

10 (ii) any other person determined by 

11 the Secretary to be capable of providing 

12 health care services; and 

13 (B) is not employed by a rail carrier for 

14 whom the provider issues certification under 

15 this section. 

16 (8) PAID SICK TIME.—The term ‘‘paid sick 

17 time’’ means an increment of compensated leave 

18 that— 

19 (A) can be earned by a rail carrier em20 ployee for use during an absence from employ21 ment for any of the reasons described in para22 graphs (1) through (4) of section 20(b); and 

23 (B) is compensated at a rate that is not 

24 less than the regular rate of pay of the rail car25 rier employee. 


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1 (9) PARENT.—The term ‘‘parent’’ means a bio2 logical, foster, or adoptive parent of a rail carrier 

3 employee, a stepparent of a rail carrier employee, 

4 parent-in-law, parent of a domestic partner, or a 

5 legal guardian or other person who stood in loco 

6 parentis to a rail carrier employee when the rail car7 rier employee was a child. 

8 (10) RAIL CARRIER EMPLOYEE.—The term 

9 ‘‘rail carrier employee’’ means an employee of a rail 

10 carrier who performs work that has been tradition11 ally performed by employees in a railroad industry 

12 craft or class recognized under the paragraph des13 ignated ‘‘Ninth’’ of section 2 of the Railway Labor 

14 Act (45 U.S.C. 152), including any employee who 

15 performs— 

16 (A) work with respect to the movement of 

17 trains; 

18 (B) maintenance of way work; 

19 (C) signal work; 

20 (D) work for purposes of the inspection, 

21 maintenance, repair, or cleaning of locomotives, 

22 rail maintenance facilities, rail-related equip23 ment, or rail cars; 

24 (E) dispatching work; 


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1 (F) work with respect to controlling the 

2 movement of equipment within a rail yard; or 

3 (G) rail clerical or communications work. 

4 (11) SECRETARY.—The term ‘‘Secretary’’ 

5 means the Secretary of Labor. 

6 (12) SEXUAL ASSAULT.—The term ‘‘sexual as7 sault’’ has the meaning given the term in section 

8 40002(a) of the Violence Against Women Act of 

9 1994 (34 U.S.C. 12291(a)). 

10 (13) SPOUSE.—The term ‘‘spouse’’, with re11 spect to a rail carrier employee, has the meaning 

12 given such term by the marriage laws of the State 

13 in which the marriage was celebrated. 

14 (14) STALKING.—The term ‘‘stalking’’ has the 

15 meaning given the term in section 40002(a) of the 

16 Violence Against Women Act of 1994 (34 U.S.C. 

17 12291(a)). 

18 (15) STATE.—The term ‘‘State’’ has the mean19 ing given the term in section 3 of the Fair Labor 

20 Standards Act of 1938 (29 U.S.C. 203). 

21 (16) VICTIM SERVICES ORGANIZATION.—The 

22 term ‘‘victim services organization’’ means a non23 profit, nongovernmental organization that provides 

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1 cluding a rape crisis center, an organization carrying 

2 out a domestic violence, sexual assault, or stalking 

3 prevention or treatment program, an organization 

4 operating a shelter or providing counseling services, 

5 or a legal services organization or other organization 

6 providing assistance through the legal process. 

Æ 


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