(B) by adding at the end the following: ‘‘A 
signal employee may not be allowed to remain 
or go on duty under the emergency authority 
provided under this subsection to conduct rou-
tine repairs, maintenance, or inspection of sig-
nal systems.’’; 
(4) by adding at the end the following new sub-
section: 
‘‘(d) COMMUNICATION DURING TIME OFF DUTY.— 
During a signal employee’s minimum off-duty period of 
10 consecutive hours, as provided under subsection (a), 
a railroad carrier, and its managers, supervisors, officers, 
and agents, shall not communicate with the signal em-
ployee by telephone, by pager, or in any other manner that 
could disrupt the employee’s rest. Nothing in this sub-
section shall prohibit communication necessary to notify 
an employee of an emergency situation posing potential 
risks to the employee’s safety or health.’’. 
(c) LIMITATION ON DUTY HOURS OF TRAIN EM-
PLOYEES.—Section 21103 of title 49, United States Code, 
is amended— 
(1) by amending subsection (a) to read as fol-
lows: 
‘‘(a) GENERAL.—Except as provided in subsection (c) 
of this section, a railroad carrier and its officers and 
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agents may not require or allow a train employee to re-
main or go on duty— 
‘‘(1) unless that employee has had at least 10 
consecutive hours off duty during the prior 24 
hours; 
‘‘(2) for a period in excess of 12 consecutive 
hours; or 
‘‘(3) unless that employee has had at least one 
period of at least 24 consecutive hours off duty in 
the past 7 consecutive days.’’; 
(2) by amending subsection (b)(4) to read as 
follows: 
‘‘(4) Time spent in deadhead transportation to 
a duty assignment, time spent waiting for deadhead 
transportation, and time spent in deadhead trans-
portation from a duty assignment to the place of 
final release is time on duty.’’; and 
(3) by adding at the end the following new sub-
section: 
‘‘(d) COMMUNICATION DURING TIME OFF DUTY.— 
During a train employee’s minimum off-duty period of 10 
consecutive hours, as provided under subsection (a), or 
during an interim period of at least 4 consecutive hours 
available for rest under subsection (b)(7), a railroad car-
rier, and its managers, supervisors, officers, and agents, 
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shall not communicate with the train employee by tele-
phone, by pager, or in any other manner that could dis-
rupt the employee’s rest. Nothing in this subsection shall 
prohibit communication necessary to notify an employee 
of an emergency situation posing potential risks to the em-
ployee’s safety or health.’’. 
SEC. 202. EMPLOYEE SLEEPING QUARTERS. 
Section 21106(2) of title 49, United States Code, is 
amended to read as follows: 
‘‘(2) may not provide sleeping quarters referred 
to in paragraph (1) in an area or in the immediate 
vicinity of an area in which railroad switching or 
humping operations are performed.’’. 
SEC. 203. FATIGUE MANAGEMENT PLANS. 
(a) AMENDMENT.—Chapter 211 of title 49, United 
States Code, is amended by adding at the end the fol-
lowing new section: 
‘‘§ 21109. Fatigue management plans 
‘‘(a) PLAN SUBMISSION.— 
‘‘(1) REQUIREMENT.—Each railroad carrier 
shall submit to the Secretary of Transportation, and 
update at least once every 2 years, a fatigue man-
agement plan that is designed to reduce the fatigue 
experienced by railroad employees and to reduce the 
likelihood of accidents and injuries caused by fa-
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tigue. The plan shall address the safety effects of fa-
tigue on all employees, including employees not cov-
ered by this chapter. The plan shall be submitted 
not later than 1 year after the date of the enactment 
of this section, or not later than 45 days prior to 
commencing operations, whichever is later. 
‘‘(2) CONTENTS OF PLAN.—The fatigue man-
agement plan shall— 
‘‘(A) identify and prioritize all situations 
that pose a risk for safety that may be affected 
by fatigue; 
‘‘(B) include the railroad carrier’s— 
‘‘(i) rationale for including and not in-
cluding each element described in sub-
section (b)(2) in the plan; 
‘‘(ii) analysis supporting each element 
included in the plan; and 
‘‘(iii) explanations for how each ele-
ment in the plan will reduce the risk asso-
ciated with fatigue; 
‘‘(C) describe how every condition on the 
railroad carrier’s property, and every type of 
employee, that is likely to be affected by fatigue 
is addressed in the plan; and 
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‘‘(D) include the name, title, address, and 
telephone number of the primary person to be 
contacted with regard to review of the plan. 
‘‘(3) APPROVAL.—(A) The Secretary shall re-
view each proposed plan and approve or disapprove 
such plan based on whether the requirements of this 
section are sufficiently and appropriately addressed 
and the proposals are adequately justified in the 
plan. 
‘‘(B) If the proposed plan is not approved, the 
Secretary shall notify the affected railroad carrier as 
to the specific points in which the proposed plan is 
deficient, and the railroad carrier shall correct all 
deficiencies within 30 days following receipt of writ-
ten notice from the Secretary. If a railroad carrier 
does not submit a plan (or, when directed by the 
Secretary, an amended plan), or if a railroad car-
rier’s amended plan is not approved by the Sec-
retary, the Secretary shall prescribe a fatigue man-
agement plan for the railroad carrier. 
‘‘(4) EMPLOYEE PARTICIPATION.—(A) Each af-
fected railroad carrier shall consult with, and employ 
good faith and use its best efforts to reach agree-
ment by consensus with, all of its directly affected 
employee groups on the contents of the fatigue man-
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agement plan, and, except as provided in subpara-
graph (C), shall jointly with such groups submit the 
plan to the Secretary. 
‘‘(B) In the event that labor organizations rep-
resent classes or crafts of directly affected employees 
of the railroad carrier, the railroad carrier shall con-
sult with these organizations in drafting the plan. 
The Secretary may provide technical assistance and 
guidance to such parties in the drafting of the plan. 
‘‘(C) If the railroad carrier and its directly af-
fected employees (including any labor organization 
representing a class or craft of directly affected em-
ployees of the railroad carrier) cannot reach con-
sensus on the proposed contents of the plan, then— 
‘‘(i) the railroad carrier shall file the plan 
with the Secretary; and 
‘‘(ii) directly affected employees and labor 
organizations representing a class or craft of di-
rectly affected employees may, at their option, 
file a statement with the Secretary explaining 
their views on the plan on which consensus was 
not reached. 
‘‘(b) ELEMENTS
OF
THE FATIGUE MANAGEMENT 
PLAN.— 
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‘‘(1) 
CONSIDERATION
OF
VARYING
CIR-
CUMSTANCES.—Each plan filed with the Secretary 
under the procedures of subsection (a) shall take 
into account the varying circumstances of operations 
by the railroad carrier on different parts of its sys-
tem, and shall prescribe appropriate fatigue counter-
measures to address those varying circumstances. 
‘‘(2) ISSUES
AFFECTING
ALL
EMPLOYEES.— 
The railroad carrier shall consider the need to in-
clude in its fatigue management plan elements ad-
dressing each of the following issues: 
‘‘(A) Education and training on the phys-
iological and human factors that affect fatigue, 
as well as strategies to counter fatigue, based 
on current and evolving scientific and medical 
research and literature. 
‘‘(B) Opportunities for identification, diag-
nosis, and treatment of any medical condition 
that may affect alertness or fatigue, including 
sleep disorders. 
‘‘(C) Effects on employee fatigue of emer-
gency response involving both short-term emer-
gency situations, including derailments, and 
long-term emergency situations, including nat-
ural disasters. 
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‘‘(D) Scheduling practices involving train 
lineups and calling times, including work/rest 
cycles for shift workers and on-call employees 
that permit employees to compensate for cumu-
lative sleep loss by guaranteeing a minimum 
number of consecutive days off (exclusive of 
time off due to illness or injury). 
‘‘(E) Minimizing the incidence of fatigue 
that occurs as a result of working at times 
when the natural circadian rhythm increases fa-
tigue. 
‘‘(F) Alertness strategies, such as policies 
on napping, to address acute sleepiness and fa-
tigue while an employee is on duty. 
‘‘(G) Opportunities to obtain restful sleep 
at lodging facilities, including sleeping quarters 
provided by the railroad carrier. 
‘‘(H) In connection with the scheduling of 
a duty call, increasing the number of consecu-
tive hours of rest off duty, during which an em-
ployee receives no communication from the em-
ploying railroad carrier or its managers, super-
visors, officers, or agents. 
‘‘(I) Avoiding abrupt changes in rest cycles 
for employees returning to duty after an ex-
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tended absence due to circumstances such as ill-
ness or injury. 
‘‘(J) Additional elements as the Secretary 
considers appropriate. 
‘‘(c) COMPLIANCE AND ENFORCEMENT.— 
‘‘(1) COMPLIANCE
REQUIREMENT.—Effective 
upon approval or prescription of a fatigue manage-
ment plan, compliance with that fatigue manage-
ment plan becomes mandatory and enforceable by 
the Secretary. 
‘‘(2) EFFECTIVE
DATE.—A fatigue manage-
ment plan may include effective dates later than the 
date of approval of the plan, and may include dif-
ferent effective dates for different parts of the plan. 
‘‘(3) AUDITS.—To enforce this section, the Sec-
retary may conduct inspections and periodic audits 
of a railroad carrier’s compliance with its fatigue 
management plan. 
‘‘(d) DEFINITION.—For purposes of this section the 
term ‘directly affected employees’ means employees, in-
cluding employees of an independent contractor or subcon-
tractor, to whose hours of service the terms of a fatigue 
management plan specifically apply.’’. 
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(b) TABLE OF SECTIONS AMENDMENT.—The table of 
sections for chapter 211 of title 49, United States Code, 
is amended by adding at the end the following new item: 
‘‘21109. Fatigue management plans.’’. 
SEC. 204. REGULATORY AUTHORITY. 
(a) AMENDMENT.—Chapter 211 of title 49, United 
States Code, as amended by this Act, is further amended 
by adding at the end the following new section: 
‘‘§ 21110. Regulatory authority 
‘‘The Secretary of Transportation may by regula-
tion— 
‘‘(1) reduce the maximum hours an employee 
may be required or allowed to go or remain on duty 
to a level less than the level established under this 
chapter; or 
‘‘(2) increase the minimum hours an employee 
may be required or allowed to rest to a level greater 
than the level established under this chapter.’’. 
(b) TABLE OF SECTIONS AMENDMENT.—The table of 
sections for chapter 211 of title 49, United States Code, 
is amended by adding at the end the following new item: 
‘‘21110. Regulatory authority.’’. 
SEC. 205. CONFORMING AMENDMENT. 
Section 21303(c) of title 49, United States Code, is 
amended by striking ‘‘officers and agents’’ and inserting 
‘‘managers, supervisors, officers, and agents’’. 
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TITLE III—PROTECTION OF 
EMPLOYEES AND WITNESSES 
SEC. 301. EMPLOYEE PROTECTIONS. 
Section 20109 of title 49, United States Code, is 
amended to read as follows: 
‘‘§ 20109. Employee protections 
‘‘(a) PROTECTED ACTIONS.—A railroad carrier en-
gaged in interstate or foreign commerce, and an officer 
or employee of such a railroad carrier, shall not by threat, 
intimidation, or otherwise attempt to prevent an employee 
from, or discharge, discipline, or in any way discriminate 
against an employee for— 
‘‘(1) filing a complaint or bringing or causing 
to be brought a proceeding related to the enforce-
ment of this part or, as applicable to railroad safety, 
chapter 51 or 57 of this title; 
‘‘(2) testifying in a proceeding described in 
paragraph (1); 
‘‘(3) notifying, or attempting to notify, the rail-
road carrier or the Secretary of Transportation of a 
work-related personal injury or work-related illness 
of an employee; 
‘‘(4) cooperating with a safety investigation by 
the Secretary of Transportation or the National 
Transportation Safety Board; 
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‘‘(5) furnishing information to the Secretary of 
Transportation, the National Transportation Safety 
Board, or any other public official as to the facts re-
lating to any accident or incident resulting in injury 
or death to an individual or damage to property oc-
curring in connection with railroad transportation; 
or 
‘‘(6) accurately reporting hours of duty pursu-
ant to chapter 211. 
‘‘(b) HAZARDOUS CONDITIONS.—(1) A railroad car-
rier engaged in interstate or foreign commerce, and an of-
ficer or employee of such a railroad carrier, shall not by 
threat, intimidation, or otherwise attempt to prevent an 
employee from, or discharge, discipline, or in any way dis-
criminate against an employee for— 
‘‘(A) reporting a hazardous condition; 
‘‘(B) refusing to work when confronted by a 
hazardous condition related to the performance of 
the employee’s duties, if the conditions described in 
paragraph (2) exist; or 
‘‘(C) refusing to authorize the use of any safe-
ty-related equipment, track, or structures, if the em-
ployee is responsible for the inspection or repair of 
the equipment, track, or structures, when the em-
ployee believes that the equipment, track, or struc-
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tures are in a hazardous condition, if the conditions 
described in paragraph (2) exist. 
‘‘(2) A refusal is protected under paragraph (1)(B) 
and (C) if— 
‘‘(A) the refusal is made in good faith and no 
reasonable alternative to the refusal is available to 
the employee; 
‘‘(B) the employee reasonably concludes that— 
‘‘(i) the hazardous condition presents an 
imminent danger of death or serious injury; and 
‘‘(ii) the urgency of the situation does not 
allow sufficient time to eliminate the danger 
without such refusal; and 
‘‘(C) the employee, where possible, has notified 
the carrier of the existence of the hazardous condi-
tion and the intention not to perform further work, 
or not to authorize the use of the hazardous equip-
ment, track, or structures, unless the condition is 
corrected immediately or the equipment, track, or 
structures are repaired properly or replaced. 
‘‘(3) This subsection does not apply to security per-
sonnel employed by a railroad carrier to protect individ-
uals and property transported by railroad. 
‘‘(c) ENFORCEMENT ACTION.— 
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‘‘(1) IN GENERAL.—An employee who alleges 
discharge or other discrimination by any person in 
violation of subsection (a) may seek relief in accord-
ance with the provisions of this section, with any pe-
tition or other request for relief under this section 
to be initiated by filing a complaint with the Sec-
retary of Labor. 
‘‘(2) PROCEDURE.— 
‘‘(A) IN GENERAL.—An action under this 
section shall be governed under the rules and 
procedures set forth in section 42121(b). 
‘‘(B) 
EXCEPTION.—Notification 
made 
under section 42121(b)(1) shall be made to the 
person named in the complaint and to the per-
son’s employer. 
‘‘(C) BURDENS
OF
PROOF.—An action 
brought under this section shall be governed by 
the legal burdens of proof set forth in section 
42121(b). 
‘‘(D) STATUTE OF LIMITATIONS.—An ac-
tion under this section shall be commenced not 
later than 1 year after the date on which the 
violation occurs. 
‘‘(3) DE NOVO REVIEW.—If the Secretary of 
Labor has not issued a final decision within 180 
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days after the filing of the complaint (or, in the 
event that a final order or decision is issued by the 
Secretary of Labor, whether within the 180-day pe-
riod or thereafter, then, not later than 90 days after 
such an order or decision is issued), the employee 
may bring an original action at law or equity for de 
novo review in the appropriate district court of the 
United States, which shall have jurisdiction over 
such an action without regard to the amount in con-
troversy, and which action shall, at the request of ei-
ther party to such action, be tried by the court with 
a jury. 
‘‘(d) REMEDIES.— 
‘‘(1) IN GENERAL.—An employee prevailing in 
any action under this section shall be entitled to all 
relief necessary to make the covered individual 
whole. 
‘‘(2) DAMAGES.—Relief in an action under this 
section shall include— 
‘‘(A) reinstatement with the same seniority 
status that the covered individual would have 
had, but for the discrimination; 
‘‘(B) the amount of any back pay, with in-
terest; and 
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‘‘(C) compensation for any special damages 
sustained as a result of the discrimination, in-
cluding litigation costs, expert witness fees, and 
reasonable attorney fees. 
‘‘(3) POSSIBLE RELIEF.—Relief may also in-
clude punitive damages in an amount not to exceed 
10 times the amount of any compensatory damages 
awarded under this section. 
‘‘(e) CRIMINAL PENALTIES.— 
‘‘(1) IN GENERAL.—It shall be unlawful for any 
railroad carrier to commit an act prohibited by sub-
section (a). Any person who willfully violates this 
section by terminating or retaliating against any 
such covered individual who makes a claim under 
this section shall be fined under title 18, United 
States Code, imprisoned not more than 1 year, or 
both. 
‘‘(2) REPORTING REQUIREMENT.— 
‘‘(A) IN GENERAL.—The Attorney General 
shall submit to the Committee on Transpor-
tation and Infrastructure of the House of Rep-
resentatives and the Committee on Commerce, 
Science, and Transportation of the Senate an 
annual report on the enforcement of paragraph 
(1). 
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