[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3651 Introduced in House (IH)]

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114th CONGRESS
  1st Session
                                H. R. 3651

To amend title 49, United States Code, to provide for the extension of 
  certain deadlines related to positive train control, and for other 
                               purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           September 30, 2015

  Mr. Shuster (for himself, Mr. DeFazio, Mr. Denham, and Mr. Capuano) 
 introduced the following bill; which was referred to the Committee on 
                   Transportation and Infrastructure

_______________________________________________________________________

                                 A BILL


 
To amend title 49, United States Code, to provide for the extension of 
  certain deadlines related to positive train control, and for other 
                               purposes.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Positive Train Control Enforcement 
and Implementation Act of 2015''.

SEC. 2. ENSURING SAFE IMPLEMENTATION OF POSITIVE TRAIN CONTROL ON 
              POISONOUS OR TOXIC-BY-INHALATION AND PASSENGER RAIL 
              LINES.

    Section 20157 of title 49, United States Code, is amended--
            (1) in subsection (a)(1)--
                    (A) by striking ``18 months after the date of 
                enactment of the Rail Safety Improvement Act of 2008'' 
                and inserting ``60 days after the date of enactment of 
                the Positive Train Control Enforcement and 
                Implementation Act of 2015'';
                    (B) by striking ``develop'' and inserting 
                ``revise'';
                    (C) by striking ``December 31, 2015'' and inserting 
                ``December 31, 2018, or the deadline determined 
                appropriate by the Secretary pursuant to paragraph 
                (2)''; and
                    (D) in subparagraph (B) by striking ``parts'' and 
                inserting ``sections'';
            (2) by striking subsection (a)(2) and inserting the 
        following:
            ``(2) Authority to extend deadline.--
                    ``(A) The Secretary may extend the deadline 
                described in paragraph (1) of this subsection, 
                applicable to each carrier or entity required to submit 
                a plan under paragraph (1), for a period not to exceed 
                12 months if such a carrier or entity demonstrates to 
                the satisfaction of the Secretary that such carrier or 
                entity--
                            ``(i) will not be able to implement a 
                        positive train control system by the deadline 
                        described in paragraph (1) due to technical, 
                        programmatic, or operational challenges, such 
                        as availability of public funding, spectrum, 
                        technology, and interoperability standards;
                            ``(ii) has taken actions to address such 
                        challenges and mitigate risks to successful 
                        implementation of a positive train control 
                        system; and
                            ``(iii) has made good faith efforts to 
                        implement the plan described in paragraph (1).
                    ``(B)(i) The Secretary may grant an additional one-
                time extension of the deadline described in paragraph 
                (1), applicable to each carrier or entity required to 
                submit a plan under paragraph (1), not to exceed 12 
                months, if such a carrier or entity, or a group 
                thereof, is not able to fully implement a positive 
                train control system on or before the date that is the 
                last day of the extension granted under subparagraph 
                (A), and such carrier or entity--
                            ``(I) demonstrates to the satisfaction of 
                        the Secretary that implementing a positive 
                        train control system was delayed due to 1 or 
                        more circumstances beyond the control of the 
                        carrier or entity, such as a delay in Federal 
                        approval of a plan, testing, or certification; 
                        or
                            ``(II) demonstrates to the satisfaction of 
                        the Secretary--
                                    ``(aa) that such carrier or entity 
                                will not be able to implement a 
                                positive train control system by the 
                                deadline described in paragraph (1) due 
                                to technical, programmatic, or 
                                operational challenges;
                                    ``(bb) due diligence in its efforts 
                                to fully implement a positive train 
                                control system; and
                                    ``(cc) that substantial progress 
                                has been made in deploying positive 
                                train control, to the extent feasible.
                    ``(ii) A demonstrating carrier or entity under 
                clause (i) must certify to the Secretary in writing 
                that such carrier or entity will be in full compliance 
                with the requirements of this section on or before the 
                date that is the last date of the extension granted 
                under clause (i).
            ``(3) Implementation.--
                    ``(A) The revised plan shall--
                            ``(i) describe how the railroad carrier or 
                        entity will provide for interoperability of the 
                        system with movements of trains of other 
                        railroad carriers or entities over its lines;
                            ``(ii) to the extent practical, provide for 
                        implementation of the system in a manner that 
                        addresses areas of greater risk before areas of 
                        lesser risk;
                            ``(iii) comply with this section and 
                        subpart I of part 236 of title 49, Code of 
                        Federal Regulations; and
                            ``(iv) include a detailed schedule and 
                        sequence for fully implementing a positive 
                        train control system in accordance with this 
                        section and such regulations.
                    ``(B) The railroad carrier shall implement a 
                positive train control system in accordance with such 
                plan.'';
            (3) by striking subsections (c) and (d) and inserting the 
        following:
    ``(c) Progress Reports.--Not later than January 1, 2017, and 
annually thereafter until full implementation of positive train control 
systems has been completed, each railroad carrier or entity required to 
revise and transmit a plan under subsection (a) shall submit to the 
Secretary a report on the progress of such carrier or entity toward 
implementing positive train control systems.
    ``(d) Reports.--
            ``(1) Congressional notification.--Not later than April 1, 
        2018, the Secretary shall transmit to the Committee on 
        Transportation and Infrastructure of the House of 
        Representatives and the Committee on Commerce, Science, and 
        Transportation of the Senate a report on the progress of the 
        railroad carriers in implementing positive train control 
        systems.
            ``(2) Public availability.--The Secretary shall make 
        available to the public on the Department of Transportation's 
        Internet Web site each progress report submitted pursuant to 
        paragraph (1) and subsection (c).''; and
            (4) in subsection (h)--
                    (A) by striking ``The Secretary'' and inserting the 
                following:
            ``(1) In general.--The Secretary''; and
                    (B) by adding at the end the following:
            ``(2) Provisional operation.--In lieu of the requirements 
        of paragraph (1), the Secretary may authorize a railroad 
        carrier or other entity to commence operation in revenue 
        service of a positive train control system or component to the 
        extent necessary to enable the safe implementation of positive 
        train control systems in phases.''.
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