(F) determine whether managers coerce 
employees to sign off on any documents 
verifying an inspection or repair of a railcar, lo-
comotive, or train brake system; 
(G) determine whether the railroad’s in-
spection procedures reflect the current oper-
ating practices of the rail carrier; and 
(H) ensure that railroad inspection proce-
dures only provide for the use of persons per-
mitted 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 ex-
cursion operation may be required under 
this subsection; and 
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(B) conduct the audits described in sub-
paragraph (A)(ii) in accordance with— 
(i) the Small Business Regulatory En-
forcement 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 en-
sure 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 Sec-
retary shall consult with the railroad being au-
dited and the employees of such railroad, in-
cluding any nonprofit employee labor organiza-
tion representing the employees of the railroad 
that conduct railcar, locomotive, or train brake 
system inspections. 
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(B) COOPERATION.—The railroad being 
audited and the employees of such railroad, in-
cluding any nonprofit employee labor organiza-
tion representing mechanical employees, shall 
fully cooperate with any audit conducted pursu-
ant to this subsection— 
(i) by providing any relevant docu-
ments requested; and 
(ii) by making available any employees 
for interview without undue delay or ob-
struction. 
(C) FAILURE TO COOPERATE.—If the Sec-
retary determines that a railroad or any of the 
employees of such railroad, including any non-
profit employee labor organization representing 
mechanical employees of the railroad is not 
fully cooperating with an audit conducted pur-
suant to this subsection, the Secretary shall 
electronically notify the Committee on Com-
merce, Science, and Transportation of the Sen-
ate 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 peri-
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odically 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 Rail-
road Administration that— 
(1) summarizes the findings of the audits con-
ducted 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 Regu-
lations, pursuant to this section; and 
(3) excludes any confidential business informa-
tion or sensitive security information. 
(g) RULE OF CONSTRUCTION.—Nothing in this sec-
tion may be construed— 
(1) to provide the Secretary with any authority 
to interpret, revise, alter, or apply a collectively bar-
gained 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.); 
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(2) to alter the terms or interpretations of ex-
isting collective bargaining agreements; or 
(3) to abridge any procedural rights or rem-
edies provided under a collectively bargained agree-
ment. 
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 in-
serting ‘‘GS–13’’; and 
(2) In paragraph (2), striking ‘‘GS–13’’ and in-
serting ‘‘GS–14’’. 
(b) OFFICE
OF PERSONNEL MANAGEMENT COR-
RESPONDING ACTIONS.—Not later than 180 days after 
the date of enactment of this Act, the Director of the Of-
fice 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
COR-
RESPONDING ACTIONS.—Not later than 180 days after 
the date of enactment of this Act, the Secretary of Trans-
portation shall update the Railroad Safety Inspector and 
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Railroad Safety Specialist General Schedule grades, to re-
flect the amendment made in subsection (a). 
SEC. 16. MINIMUM AMOUNT OF FEDERAL RAIL SAFETY IN-
SPECTORS. 
(a) IN GENERAL.—Subchapter II of chapter 201 of 
title 49, United States Code, is further amended by adding 
at the end the following: 
‘‘§ 20176. Rail safety inspectors 
‘‘(a) MINIMUM RAIL INSPECTOR LEVEL.—The Office 
of Safety of the Federal Railroad Administration shall 
have not less than 425 railroad safety inspectors, as de-
scribed 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 ex-
perts; 
‘‘(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 Adminis-
tration has not met the goal established in subsection (a), 
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the Secretary shall not later than 90 days after the last 
day of such fiscal year, submit to the Committee on Com-
merce, Science, and Transportation of the United States 
Senate, and the Committee on Transportation and Infra-
structure 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 legisla-
tion from Congress necessary to meet such goal.’’. 
(b) CONFORMING AMENDMENT.—The chapter anal-
ysis for chapter 201 is further amended by adding at the 
end the following: 
‘‘20176. Rail safety inspectors.’’. 
SEC. 17. ADDITIONAL FUNDING FOR RAIL SAFETY INSPEC-
TORS. 
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 author-
ized 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. 
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‘‘(2) In addition to amounts otherwise author-
ized 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 propor-
tionality listed below if the amount made availability 
is less than what is authorized in paragraph (1): 
‘‘(A) 14 that are hazardous materials ex-
perts. 
‘‘(B) 14 that are track experts. 
‘‘(C) 14 that are motive power and equip-
ment experts. 
‘‘(D) 14 that are signals and train control 
experts. 
‘‘(E) 14 that are operating practice ex-
perts. 
‘‘(F) 5 that are rail grade crossing ex-
perts.’’. 
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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, In-
dian 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 re-
sponse; and 
‘‘(B) is able to provide direct or web-based 
training to individuals responsible for respond-
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ing to accidents and incidents involving haz-
ardous 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 organiza-
tion’’ 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 organiza-
tion’’. 
(2) in subsection (c), by striking ‘‘State or In-
dian tribe’’ and inserting ‘‘State, Indian tribe, or 
nonprofit organization’’; and 
(3) in subsection (d)— 
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(A) by striking ‘‘State or Indian tribe’’ and 
inserting ‘‘State, Indian tribe, or nonprofit or-
ganization’’; and 
(B) by striking ‘‘State or tribe’’ and insert-
ing ‘‘State, Indian tribe, or nonprofit organiza-
tion’’; and 
(4) in subsection (e), by striking ‘‘political sub-
division 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: 
‘‘§ 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 car-
rier shall follow in establishing a confidential close call re-
porting 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 
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and distribution of close call data. The Secretary shall en-
sure 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 sub-
section (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 val-
ues of its proposed Program; 
‘‘(B) explain the rights, roles, and respon-
sibilities of Program stakeholders; 
‘‘(C) identify concerns and interests; and 
‘‘(D) describe how the Program will oper-
ate. 
‘‘(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 Sec-
retary shall notify the applicable railroad car-
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rier 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 re-
ceipt 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 re-
porting system pursuant to the rulemaking under sub-
section (a). 
‘‘(d) PROGRAM ELEMENTS.—Under the Program 
each applicable railroad carrier shall— 
‘‘(1) provide a safe environment for its employ-
ees to report unsafe events and conditions; 
‘‘(2) for unsafe events and conditions reported 
within the scope of a confidential close call reporting 
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system, ensure that the employees of the carrier are 
protected from railroad carrier discipline; 
‘‘(3) use information collected through the con-
fidential close call reporting system to develop and 
implement targeted corrective actions, as appro-
priate; 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 non-
profit 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 orga-
nization representing a class or craft of directly af-
fected employees of the applicable railroad carrier, 
cannot reach consensus on the development and im-
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plementation 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 con-
sider such views during review of the proposed Pro-
gram 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 estab-
lished. 
‘‘(g) USE OF DATA.—The Secretary may use the con-
fidential 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 guid-
ance, as appropriate. 
‘‘(h) DEFINITION OF APPLICABLE RAILROAD CAR-
RIER.—In this section, the term ‘applicable railroad car-
rier’ means a railroad carrier that— 
‘‘(1) is a Class I railroad; 
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‘‘(2) has inadequate safety performance, as de-
termined by the Secretary; or 
‘‘(3) provides intercity rail passenger or com-
muter 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 chap-
ter 201 of title 49, United States Code, is further amend-
ed 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 car-
rier 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. 
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(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 em-
ployee is less than 40 hours, the rail carrier em-
ployee 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 be-
ginning on the 60th calendar day following com-
mencement of the rail carrier employee’s employ-
ment. 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 
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rail carrier, loan paid sick time to a rail carrier em-
ployee for use by such rail carrier employee in ad-
vance 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 per-
mit a rail carrier employee to earn more than 
56 hours of earned paid sick time in a calendar 
year. 
(5) RAIL
CARRIERS
WITH
EXISTING
POLI-
CIES.—Any rail carrier with a paid leave policy who 
makes available an amount of paid leave that is suf-
ficient 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 em-
ployee to earn additional paid sick time under this 
section. 
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(6) CONSTRUCTION.—Nothing in this section 
shall be construed as requiring financial or other re-
imbursement 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 em-
ployee is separated from employment with a rail car-
rier and is rehired, within 12 months after that sep-
aration, 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 recommence-
ment of employment with the rail carrier. 
(8) PROHIBITION.—A rail carrier may not re-
quire, as a condition of providing paid sick time 
under this section, that the rail carrier employee in-
volved 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: 
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(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 profes-
sional medical diagnosis or care, or preventive med-
ical 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 ne-
cessitated by a health condition or dis-
ability of the child, parent, spouse, domes-
tic partner, or such other individual; 
(C) is in need of care and is typically cared 
for by an individual who is unable to provide 
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care because the individual has any of condi-
tions 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 vio-
lence, sexual assault, or stalking, if the time is to— 
(A) seek medical attention for the rail car-
rier 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 indi-
vidual 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 indi-
vidual related by blood or affinity whose close 
association with the rail carrier employee is the 
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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 pro-
vided upon the oral or written request of a rail car-
rier 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 prac-
ticable after the rail carrier employee is aware 
of the need for such period. 
(2) CERTIFICATION IN GENERAL.— 
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(A) PROVISION.— 
(i) IN GENERAL.—Subject to subpara-
graph (C), a rail carrier may require that 
a request for paid sick time under this sec-
tion for a purpose described in paragraph 
(1), (2), or (3) of subsection (b) be sup-
ported by a certification issued by the 
health care provider of the rail carrier em-
ployee or of an individual described in sub-
section (b)(3), as appropriate, if the period 
of such time covers more than 3 consecu-
tive workdays. 
(ii) TIMELINESS.—The rail carrier 
employee shall provide a copy of such cer-
tification 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 certifi-
cation. 
(B) SUFFICIENT CERTIFICATION.—A cer-
tification provided under subparagraph (A) 
shall be sufficient if it states— 
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(i) the date on which the period of 
time will be needed; 
(ii) the probable duration of the pe-
riod 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 test-
ing for a medical diagnosis or care is ex-
pected 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 indi-
vidual described in such subsection, and an 
estimate of the amount of time that such 
care is needed for such individual. 
(C) 
REGULATIONS.—Regulations 
pre-
scribed 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. 
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