(A) consider whether the railroad has in 
place procedures necessary for railcar, loco-
motive, and train brake system inspection com-
pliance under such chapter; 
(B) assess the type, content, and adequacy 
of training and performance metrics the rail-
road provides employees who perform railcar, 
locomotive, and train brake system inspections, 
including the qualifications specified for such 
employees; 
(C) determine whether the railroad has 
practices that would interfere with an employ-
ee’s responsibility to perform an inspection 
safely; 
(D) determine whether railcars, loco-
motives, and train brake systems are inspected 
on the railroad’s network in accordance with 
such chapter; 
(E) involve proper communication of iden-
tified defects to railroad personnel and make 
appropriate use of remedial action reports to 
verify that repairs are made; 
(F) determine whether managers coerce 
employees to sign off on any documents 
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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 railroad 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, provided 
that— 
(I) no audit of a tourist, scenic, 
historic, or excursion operation may 
be required under this subsection; and 
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(II) no other Class II or III rail-
road may be audited more frequently 
than once every 5 years; and 
(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. 
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 any 
audit required under this subsection, the Sec-
retary shall consult with the railroad being au-
dited and its employees, including any nonprofit 
employee labor organization representing the 
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employees of the railroad that conduct railcar, 
locomotive, or train brake system inspections. 
(B) COOPERATION.—The railroad being 
audited and its employees, including any non-
profit employee labor organization representing 
mechanical employees, shall fully cooperate with 
any audit conducted pursuant to this sub-
section— 
(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 its 
employees, including any nonprofit employee 
labor organization representing mechanical em-
ployees of the railroad is not fully cooperating 
with an audit conducted pursuant to this sub-
section, the Secretary shall electronically notify 
the Committee on Commerce, Science, and 
Transportation of the Senate and the Com-
mittee on Transportation and Infrastructure of 
the House of Representatives of such non-
cooperation. 
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(e) REVIEW OF REGULATIONS.—Not later than 5 
years after the date of the enactment of this Act, and peri-
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 (c) 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 
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aspect of the Railway Labor Act (45 U.S.C. 151 et 
seq.); 
(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. 106. EMERGENCY BRAKE SIGNALS. 
(a) IN GENERAL.—Not later than 30 days after the 
date of the enactment of this Act, the Administrator of 
the Federal Railroad Administration shall convene a meet-
ing of the Railroad Safety Advisory Committee for the 
purpose of considering a regulatory safety task on the 
functioning of emergency brake signals. 
(b) PURPOSE.—The Railroad Safety Advisory Com-
mittee shall consider— 
(1) the sufficiency of the regulations under part 
232 of title 49, Code of Federal Regulations, with 
regard to end-of-train and head-of-train device com-
munications; 
(2) whether National Transportation Safety 
Board Safety Recommendations R–20–028 and R– 
20–029 have been adequately addressed; 
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(3) whether more frequent communication 
checks between a head-of-train device and an end-of- 
train device would improve rail safety; and 
(4) whether repetition of the emergency brake 
signal transmission until it is received by the end-of- 
train device would improve rail safety. 
(c) RECOMMENDATIONS
AND WORK PLAN.—Not 
later than 90 days after the meeting is convened pursuant 
to subsection (a), a working group of the Railroad Safety 
Advisory Committee should— 
(1) develop initial recommendations with re-
spect to the matters considered under subsection (b); 
and 
(2) complete a work plan for implementing such 
recommendations. 
SEC. 107. DEFECT DETECTION SYSTEMS. 
(a) IN GENERAL.—Subchapter II of chapter 201 of 
title 49, United States Code, as amended by section 
105(a)(1), is further amended by adding at the end the 
following: 
‘‘§ 20173. Defect detection systems 
‘‘(a) DEFINITIONS.—In this section: 
‘‘(1) COVERED RAIL CARRIER.—The term ‘cov-
ered rail carrier’ has the meaning given the term 
‘Class I carrier’ in section 10102. 
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‘‘(2) DEFECT DETECTION SYSTEM.—The term 
‘defect detection system’ means the use of defect de-
tectors, the analysis of the data defect detectors 
produce, and any other aspects a system that help 
railroads identifying and understand the severity of 
known safety conditions. 
‘‘(3) DEFECT DETECTOR.—The term ‘defect de-
tector’ means any device or equipment situated with-
in the rail system that can detect and communicate 
a potential or known safety condition. 
‘‘(4) HIGH-HAZARD
TRAIN.—The term ‘high- 
hazard train’ has the meaning given such term in 
section 20155(a)(6). 
‘‘(5) MAIN
LINE.—The term ‘main line’ 
means— 
‘‘(A) a segment or route of railroad 
tracks— 
‘‘(i) over which 5,000,000 or more 
gross tons of railroad traffic is transported 
annually; and 
‘‘(ii) that has a maximum authorized 
speed for freight trains in excess of 25 
miles per hour; and 
‘‘(B) intercity rail passenger transportation 
or commuter rail passenger transportation 
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routes or segments over which high-hazard 
trains operate. 
‘‘(6) PHYSICAL CHARACTERISTICS.—The term 
‘physical characteristics’ means the physical terrain 
and operating considerations related to the physical 
terrain for the relevant main line. 
‘‘(b) DEFECT DETECTOR ANALYSIS PROGRAM.—The 
Secretary shall develop a program for the research, devel-
opment, testing, and evaluation of defect detector systems 
to inform and support the rulemaking required under sub-
section (d) and the evaluation of plans under subsection 
(c), which shall include— 
‘‘(1) an evaluation of existing manufacturer rec-
ommended practices, industry-developed voluntary 
consensus technical standards, and railroad safety 
data to inform appropriate standards for commer-
cially available defect detector systems and ensure 
the integrity and reliability of their use on the gen-
eral railroad system, including standards relating 
to— 
‘‘(A) maintenance; 
‘‘(B) testing; 
‘‘(C) inspection; and 
‘‘(D) installation; 
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‘‘(2) an assessment of existing alert thresholds 
and trending algorithms to determine appropriate 
metrics and levels to ensure that defect detector sys-
tems identify unsafe equipment or operations in time 
to take appropriate safety actions; 
‘‘(3) an evaluation of existing processes and 
procedures for decision making and communication 
of appropriate safety actions necessary to address 
unsafe equipment or operations, including— 
‘‘(A) stoppage of rail equipment; 
‘‘(B) setting out rail equipment; 
‘‘(C) train speed reduction; 
‘‘(D) diverting a train; and 
‘‘(E) inspection requirements; 
‘‘(4) research to understand the capabilities and 
limitations of existing technologies in use or devel-
oped to better assess the plans required under the 
final rule issued pursuant to subsection (c); and 
‘‘(5) research to understand new or developing 
technologies. 
‘‘(c) PLAN ELEMENTS.— 
‘‘(1) RISK-BASED.—Each defect detection sys-
tem plan required under the final rule issued pursu-
ant to subsection (d) shall be risk-based. 
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‘‘(2) CONTENTS.—Each plan referred to in 
paragraph (1) shall include— 
‘‘(A) a summary of the railroad’s proposed 
defect detector network, including— 
‘‘(i) how the network will reduce the 
risk of incidents near population centers 
and on high-hazard train routes; and 
‘‘(ii) a description of how the network 
will be implemented by the deadline set 
forth in subsection (d)(1)(B); 
‘‘(B) a description of how the railroad’s de-
fect detection system meets or exceeds the de-
fect detection performance standards described 
in subsection (d)(1)(D); 
‘‘(C) except as provided in paragraph (3), 
a risk-based approach for identifying overheated 
wheel bearings that require the placement of 
the types and spacing of defect detectors— 
‘‘(i) for main lines traveling within an 
urbanized area with a population of at 
least 75,000, at a distance that provides 
for any train operating along the railroad’s 
route to undergo detection not less than 10 
miles before entering such an area; 
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‘‘(ii) for main lines not equipped with 
acoustic bearing detectors or other similar 
technology, at a distance averaging 15 
route miles to the extent possible based on 
the physical characteristics of the route; 
and 
‘‘(iii) for main lines equipped with 
acoustic bearing detectors or other similar 
technology, at a distance averaging 20 
route miles to the extent possible based on 
the physical characteristics of the route 
along which such detectors are being in-
stalled; 
‘‘(D) the types and spacing of other way-
side defect detectors required to be placed, to 
the extent such detectors are utilized; 
‘‘(E) the manufacturer’s expected perform-
ance for each type of defect detector and how 
the carrier will assess compliance with such per-
formance; 
‘‘(F) procedures for promptly providing 
pertinent safety alerts to train employees, in-
cluding locomotive engineers and conductors, 
train dispatchers, and relevant maintenance em-
ployees; 
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‘‘(G) the ability to share relevant safety 
data from the defect detector network with 
other railroad carriers and with rail car owners; 
‘‘(H) policies and procedures for training 
employees regarding relevant elements of the 
defect detector system, including— 
‘‘(i) persons whose duties include in-
stalling, maintaining, repairing, modifying, 
inspecting, reviewing data, and testing 
safety-critical elements of the railroad’s de-
fect detector, including central office, way-
side, or onboard subsystems; 
‘‘(ii) persons who receive and review 
defect detector alerts; and 
‘‘(iii) persons who operate trains or 
serve as a train or engine crew member; 
‘‘(I) policies for maintaining records re-
garding the required elements of the rail defect 
detector network for not less than 5 years, 
which shall not include data on individual 
alerts; and 
‘‘(J) designs for the collection and anal-
ysis, including applicable alerts, thresholds, and 
corresponding safety actions. 
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‘‘(3) ALTERNATIVE HOT BEARING DETECTION 
PLAN.— 
‘‘(A) SUBMISSION.—A rail carrier may 
comply with an alternative hot bearing detec-
tion plan instead of the requirements described 
in paragraph (2)(C) if— 
‘‘(i) the rail carrier submits such plan 
to the Secretary and the Secretary ap-
proves the plan; and 
‘‘(ii) the plan provides an equivalent 
or higher level of safety as the require-
ments described in paragraph (2)(B). 
‘‘(B) TRIENNIAL REVIEWS.—Not less fre-
quently than triennially, the Secretary shall re-
view each alternative plan approved pursuant to 
subparagraph (A) to determine its continuing 
effectiveness at detecting bearing-related de-
fects. 
‘‘(d) RULEMAKING.— 
‘‘(1) IN GENERAL.—Not later than 1 year after 
the date of the enactment of the Railroad Safety 
Enhancement Act of 2024, the Secretary shall ini-
tiate a rulemaking, and not later than 2 years after 
such date of enactment, the Secretary shall issue a 
final rule, in compliance with Executive Order 
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12866 (5 U.S.C. 601 note; relating to regulatory 
planning and review), that— 
‘‘(A) requires covered rail carriers to sub-
mit, not later than 1 year after the issuance of 
such final rule, defect detector network plans 
that include the elements described in sub-
section (c)(2); 
‘‘(B) requires the covered rail carrier to 
implement the plan required under paragraph 
(1) not later than 3 years after the issuance of 
such final rule; 
‘‘(C) creates procedures to review, approve, 
monitor compliance of such plans; 
‘‘(D) establishes performance standards 
measured by the ability of a defect detection 
system to identify defects before a condition 
that is likely to result in an accident or inci-
dent, including how such ability will be meas-
ured and reported for data related to require-
ments; 
‘‘(E) requires the reporting of data regard-
ing the defect defector network effectiveness, in-
cluding defect detector failures; 
‘‘(F) creates requirements for covered rail 
carriers to test, inspect, and maintain any de-
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fect detector based on the evaluation completed 
pursuant to subsection (b)(1); and 
‘‘(G) establish appropriate thresholds for 
alerts and corresponding safety actions, to the 
extent necessary. 
‘‘(2) UPDATED STANDARDS.—The performance 
standards established pursuant to paragraph (1)(D) 
shall be updated not less frequently than once every 
5 years. 
‘‘(e) UPDATES AND APPROVALS.— 
‘‘(1) UPDATES.—Each entity subject to the 
mandate in subsection (a) shall update the plans re-
quired under subsection (d)(1)— 
‘‘(A) to reflect material changes to its rail-
car defect detector network; or 
‘‘(B) to address changes made to the per-
formance standards pursuant to subsection 
(d)(2). 
‘‘(2) APPROVALS.—To ensure safety, the Sec-
retary shall promptly review each plan submitted 
pursuant to subsection (d)(1), including the suffi-
ciency of the performance standards required under 
subsection (c)(1)(D), and approve or reject each 
plan and update that is required to be submitted 
under this section. 
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‘‘(3) REVIEWS FOR COMPLIANCE.—Not less fre-
quently than biannually, the Secretary shall conduct 
reviews to ensure that railroad carriers are com-
plying with the plans required under paragraph (1). 
‘‘(4) PUBLIC AVAILABILITY.—Not later than 60 
days after receipt, the Secretary shall make available 
to the public on the website of the Department of 
Transportation any plan or update submitted pursu-
ant to this section, but the Secretary shall redact— 
‘‘(A) proprietary information, as verified 
by the Secretary; and 
‘‘(B) security-sensitive information, includ-
ing information described in section 1520.5(a) 
of title 49, Code of Federal Regulations (or suc-
cessor regulation), as verified by the Secretary. 
‘‘(f) ENFORCEMENT.—The Secretary may assess a 
civil penalty under chapter 213 of this title for any viola-
tion pursuant to the rulemaking under subsection (a) 
for— 
‘‘(1) each accident or incident on a route where 
the railroad is noncompliant with the plan approved 
under subsection (e)(2); and 
‘‘(2) failing to take any corresponding safety 
action to an alert as set forth in the approved plan 
pursuant to subsection (c)(2)(J). 
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‘‘(g) PRESERVATION
OF AUTHORITY.—Nothing in 
this section may be construed to restrict the authority of 
the Secretary.’’. 
(b) CLERICAL AMENDMENT.—The analysis for sub-
chapter II of chapter 201 of title 49, United States Code, 
as amended by section 105(a)(2), is further amended by 
adding at the end the following: 
‘‘20173. Defect detection systems.’’. 
(c) TEMPORARY
DEFECT
DETECTION
ASSIST-
ANCE.— 
(1) FORMULA GRANT PROGRAM.—The Adminis-
trator of the Federal Railroad Administration shall 
establish a formula grant program to assist com-
muter railroads with installing defect detection tech-
nology. 
(2) ELIGIBLE ENTITIES.—A commuter railroad 
that has a contract with a Class I railroad, as of 
May 1, 2023, that requires the commuter railroad to 
install defect detection technology that complies with 
the approved plan submitted pursuant to section 
20173 of title 49, United States Code, is eligible to 
receive a grant under this subsection. 
(3) FORMULA.—Grant funding under this sub-
section shall be allocated based on the number of de-
fect detectors required to be installed to comply with 
section 20173 of title 49, United States Code. 
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(4) REQUIREMENTS.—Any eligible entity that 
receive grant funding under this subsection shall 
comply with the grant conditions set forth in such 
section 22909(j). 
(5) AUTHORIZATION
OF
APPROPRIATIONS.— 
There is authorized to be appropriated to the Fed-
eral Railroad Administration such amounts as may 
be necessary to carry out the formula grant program 
under this subsection. 
SEC. 108. SAFE FREIGHT ACT OF 2023. 
(a) SHORT TITLE.—This section may be cited as the 
‘‘Safe Freight Act of 2023’’. 
(b) FREIGHT TRAIN CREW SIZE.—Subchapter II of 
chapter 201 of title 49, United States Code, is amended 
by inserting after section 20153 the following: 
‘‘§ 20154. Freight train crew size safety standards 
‘‘(a) MINIMUM CREW SIZE.—Except as provided in 
subsections (b) and (c), a freight train operated by a Class 
I railroad may not be operated without a 2-person crew 
consisting of at least 1 appropriately qualified and cer-
tified conductor and 1 appropriately qualified and certified 
locomotive engineer. 
‘‘(b) EXCEPTIONS.— 
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‘‘(1) IN GENERAL.—Except as provided in para-
graph (2), the requirement under subsection (a) 
shall not apply with respect to— 
‘‘(A) train operations on track that is not 
a main line track (as defined in section 
20173(a)(2); 
‘‘(B) locomotives performing assistance to 
a train that has incurred mechanical failure or 
lacks the power to traverse difficult terrain, in-
cluding traveling to or from the location where 
assistance is provided; 
‘‘(C) locomotives that— 
‘‘(i) are not attached to any equip-
ment or are attached only to a caboose; 
and 
‘‘(ii) do not travel father than 50 
miles from the point of origin of such loco-
motive; and 
‘‘(D) train operations staffed with fewer 
than a 2-person crew at least 1 year before the 
date of the enactment of the Safe Freight Act 
of 2023 unless the Secretary determines that 
such operations do not achieve an equivalent 
level of safety as would result from compliance 
with the requirement under subsection (a). 
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‘‘(2) TRAINS
INELIGIBLE
FOR
EXCEPTION.— 
The exceptions under paragraph (2) may not be ap-
plied to— 
‘‘(A) a high-hazard train (as defined in 
section 20155(a)); or 
‘‘(B) a train consist with a total length of 
at least 7,500 feet. 
‘‘(c) WAIVER.—A railroad carrier may seek a waiver 
of the requirements under subsection (a) in accordance 
with section 20103(d). 
‘‘(d) PRESERVATION
OF AUTHORITY.—Nothing in 
this section may be construed to restrict the authority of 
the Secretary.’’. 
(c) CLERICAL AMENDMENT.—The analysis for sub-
chapter II of chapter 201 of title 49, United States Code, 
is amended by inserting after the item relating to section 
20153 the following: 
‘‘20154. Freight train crew size safety standards.’’. 
SEC. 109. INCREASED PENALTIES FOR VIOLATIONS OF RAIL 
SAFETY REGULATIONS. 
(a) 
RAILROAD
SAFETY
VIOLATIONS.—Section 
21301(a) of title 49, United States Code, is amended— 
(1) by striking paragraphs (1) and (2) and in-
serting the following: 
‘‘(1) A person may not fail to comply with a require-
ment of, a regulation prescribed under, or an order issued 
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by, the Secretary under chapters 201 through 211. Sub-
ject to section 21304, a person violating a requirement 
of, a regulation prescribed under, or an order issued by, 
the Secretary under chapters 201 through 211 is liable 
to the United States Government for a civil penalty. An 
act by an individual that causes a railroad carrier to be 
in violation constitutes a violation of this paragraph. A 
separate violation occurs for each day such violation con-
tinues. 
‘‘(2) The Secretary shall include in, or make applica-
ble to, each requirement of, regulation prescribed under, 
and order issued under chapters 201 through 211 a civil 
penalty for a violation of such requirement, regulation, or 
order in an amount equal to— 
‘‘(A) at least $5,000 and not more than 
$1,000,000; or 
‘‘(B) if the person committing such violation is 
a small business concern (as such term is used in 
part 121 of title 13, Code of Federal Regulations (or 
a successor regulation)), including a Class III rail-
road, at least $1,000 and not more than $200,000.’’; 
(2) by redesignating paragraphs (3) and (4) as 
paragraphs (5) and (6), respectively; 
(3) by inserting after paragraph (2) the fol-
lowing: 
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‘‘(3) If a violation described in paragraph (1) results 
in death, serious illness, or severe injury to any person, 
causes an imminent hazard of death or injury, or results 
in the substantial destruction of property, the Secretary 
may increase the civil penalty required under paragraph 
(2) to— 
‘‘(A) a maximum of $5,000,000; or 
‘‘(B) if the person committing such violation is 
a small business concern (as such term is used in 
part 121 of title 13, Code of Federal Regulations (or 
a successor regulation)), a maximum of $500,000. 
‘‘(4) The Secretary may double the civil penalty oth-
erwise required under paragraph (2) or (3) if the violation 
follows a pattern of repeated violations or otherwise re-
flects a deliberate indifference or conscious disregard to 
the consequences of the conduct.’’; and 
(4) in paragraph (6), as redesignated, by add-
ing at the end the following: ‘‘Such civil action may 
be brought in the judicial district in which the viola-
tion occurred or in which the defendant has its prin-
cipal executive office. If the civil action is against an 
individual, the action may also be brought in the ju-
dicial district in which such individual resides.’’. 
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(b) HOURS
OF
SERVICE
VIOLATIONS.—Section 
21301 of title 49, United States Code, is amended by add-
ing at the end the following: 
‘‘(d) ADDITIONAL PROVISIONS RELATED TO VIOLA-
TIONS OF CHAPTER 211.—(1) In any proceeding involving 
a violation of chapter 211, or a violation of a regulation 
or order issued pursuant to such chapter, a railroad car-
rier is deemed to have knowledge of the acts of its officers 
and agents. 
‘‘(2) A civil action involving a violation of chapter 
211, or a violation of a regulation or order issued pursuant 
to such chapter, shall be brought in an appropriate district 
court of the United States not later than 2 years after 
the date of such violation unless administrative notifica-
tion under section 3711 of title 31 is given within such 
2-year period to the person committing the violation. If 
such notification is given, the action shall be brought not 
later than the last day of the 5-year period specified in 
section 2462 of title 28. 
‘‘(3) A separate violation of section 21106 occurs for 
each day employee sleeping quarters are not in compliance 
with the requirements under such section.’’. 
(c) UPDATES OF PENALTIES FOR INFLATION.—Not-
withstanding any other provision of law, including the 
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Federal Civil Penalties Inflation Adjustment Act of 1990 
(28 U.S.C. 2461 note), the inflation adjustment— 
(1) for minimum penalty amounts amended by 
this section, and any discretionary inflation adjust-
ment of guideline penalty amounts by the Secretary, 
shall be rounded to the nearest multiple of $100; 
and 
(2) for maximum penalty amounts amended by 
this section, shall be rounded to the nearest multiple 
of $1,000. 
(d) REPEAL.— 
(1) IN
GENERAL.—Chapter 213 of title 49, 
United States Code, is amended by striking sections 
21302 and 21303. 
(2) CLERICAL AMENDMENT.—The analysis for 
chapter 213 of title 49, United States Code, is 
amended by striking the items relating to sections 
21302 and 21303. 
SEC. 110. SAFER TANK CARS. 
(a) CLASS 3 FLAMMABLE LIQUIDS PHASE-OUT 
SCHEDULE.—Beginning on December 31, 2027, no rail-
road tank car, regardless of its construction date, may be 
used to transport Class 3 flammable liquids in packing 
groups II and III (other than Class 3 flammable liquids 
listed in paragraphs (1) and (2) of section 7304(b) of the 
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Hazardous Materials Transportation Safety Improvement 
Act of 2015 (49 U.S.C. 20155 note)), regardless of the 
composition of the train consist, unless such tank car 
meets or exceeds the DOT–117, DOT–117P, or DOT– 
117R specifications (as in effect on the date of the enact-
ment of this Act), including DOT–105A, DOT–105H, 
DOT–105J, DOT–105S, DOT–112H, DOT–112S, DOT– 
112J, DOT–120J, and DOT–120S tank cars. 
(b) CONFORMING REGULATORY AMENDMENTS.— 
(1) IN GENERAL.—The Secretary— 
(A) shall immediately remove or revise the 
date-specific deadlines in any applicable regula-
tions or orders to the extent necessary to con-
form with the requirement under subsection (a); 
and 
(B) may not enforce any date-specific 
deadlines or requirements that are inconsistent 
with the requirement under subsection (a). 
(2) RULE OF CONSTRUCTION.—Except as re-
quired under paragraph (1), nothing in this section 
may be construed to require the Secretary to issue 
regulations to implement this section. 
(c) AMENDING THE PHASE-OUT DATE.—If the Sec-
retary, based on the data contained in the report issued 
pursuant to subsection (d), determines that the phase-out 
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date under subsection (a) cannot be met due to insuffi-
cient manufacturing capacity or would otherwise result in 
significant impacts to interstate commerce, the Secretary 
shall delay the phase-out scheduled under subsection (a) 
to December 31, 2028. 
(d) GAO REVIEW.—Not later than 18 months after 
the date of the enactment of this Act, the Comptroller 
General of the United States shall issue a report to the 
Secretary, the Committee on Commerce, Science, and 
Transportation of the Senate and the Committee on 
Transportation and Infrastructure of the House of Rep-
resentatives that— 
(1) identifies the manufacturing capacity of 
tank car manufacturers in North America, that 
manufacture tank cars to meet DOT–117 and 
DOT–117P specification requirements; 
(2) identifies the retrofit capacity of tank car 
manufacturers and other entities in North America 
that can retrofit DOT–111 tank cars to meet DOT– 
117R specification requirements; 
(3) estimates the schedule of replacing tank 
cars currently in service that are reaching the end 
of their life cycle; 
(4) identifies the number of tank cars that need 
to be phased out or retrofitted under subsection (a) 
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the Committee on Transportation and Infrastructure of 
the House of Representatives that contains the results of 
a review of the Federal Railroad Administration Office of 
Railroad Safety inspector and specialist staff resource 
management, including— 
(1) an assessment of the changes in the number 
of Federal Railroad Administration safety inspectors 
and specialists, including— 
(A) the number of safety inspector and 
specialist vacancies; 
(B) the number of such positions requested 
in each of the budget requests for the last 10 
fiscal years; and 
(C) the actual workforce levels during each 
of such fiscal years; 
(2) an assessment of geographic allocation 
plans, potential hiring and time-to-hire challenges, 
expected retirement rates, and recruitment and re-
tention strategies; 
(3) a description of any internal Federal Rail-
road Administration goals for compliance inspection 
rates across the network of regulated activities, and 
whether requested and actual safety inspector and 
specialist workforce levels align with such goals; 
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(ii) in subparagraph (B), by striking 
‘‘amounts’’ and inserting ‘‘number of ship-
ments’’; 
(D) by redesignating paragraphs (5) and 
(6) as paragraphs (6) and (8), respectively; 
(E) by inserting after paragraph (4) the 
following: 
‘‘(5)(A) Subject to subparagraph (C), any State re-
ceiving a grant under this subsection shall, not later than 
180 days after receiving the grant funds, make available 
to eligible local entities— 
‘‘(i) not less than 70 percent of the grant 
funds; or 
‘‘(ii) eligible services or activities described in 
paragraph (1) having a value of not less than 70 
percent of the amount of the grant. 
‘‘(B) A State shall certify to the Secretary that the 
State has made the distribution to eligible local entities 
required under paragraph (1) by providing such informa-
tion as the Secretary shall require. 
‘‘(C)(i) The Governor of a State may request in writ-
ing that the Secretary extend the period under subpara-
graph (A) for an additional period of time. 
‘‘(ii) The Secretary may approve a request under 
clause (i) if the Secretary determines that the delay in 
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