I 

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. 

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. 

4 This Act may be cited as the ‘‘Positive Train Control 

5 Enforcement and Implementation Act of 2015’’. 


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1 SEC. 2. ENSURING SAFE IMPLEMENTATION OF POSITIVE 

2 TRAIN CONTROL ON POISONOUS OR TOXIC3 BY-INHALATION AND PASSENGER RAIL 

4 LINES. 

5 Section 20157 of title 49, United States Code, is 

6 amended— 

7 (1) in subsection (a)(1)— 

8 (A) by striking ‘‘18 months after the date 

9 of enactment of the Rail Safety Improvement 

10 Act of 2008’’ and inserting ‘‘60 days after the 

11 date of enactment of the Positive Train Control 

12 Enforcement and Implementation Act of 2015’’; 

13 (B) by striking ‘‘develop’’ and inserting 

14 ‘‘revise’’; 

15 (C) by striking ‘‘December 31, 2015’’ and 

16 inserting ‘‘December 31, 2018, or the deadline 

17 determined appropriate by the Secretary pursu18 ant to paragraph (2)’’; and 

19 (D) in subparagraph (B) by striking 

20 ‘‘parts’’ and inserting ‘‘sections’’; 

21 (2) by striking subsection (a)(2) and inserting 

22 the following: 

23 ‘‘(2) AUTHORITY TO EXTEND DEADLINE.— 

24 ‘‘(A) The Secretary may extend the dead25 line described in paragraph (1) of this sub26 section, applicable to each carrier or entity reVerDate Sep 11 2014 00:09 Oct 02, 2015 Jkt 049200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H3651.IH H3651

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1 quired to submit a plan under paragraph (1), 

2 for a period not to exceed 12 months if such a 

3 carrier or entity demonstrates to the satisfac4 tion of the Secretary that such carrier or enti5 ty— 

6 ‘‘(i) will not be able to implement a 

7 positive train control system by the dead8 line described in paragraph (1) due to 

9 technical, programmatic, or operational 

10 challenges, such as availability of public 

11 funding, spectrum, technology, and inter12 operability standards; 

13 ‘‘(ii) has taken actions to address 

14 such challenges and mitigate risks to suc15 cessful implementation of a positive train 

16 control system; and 

17 ‘‘(iii) has made good faith efforts to 

18 implement the plan described in paragraph 

19 (1). 

20 ‘‘(B)(i) The Secretary may grant an addi21 tional one-time extension of the deadline de22 scribed in paragraph (1), applicable to each car23 rier or entity required to submit a plan under 

24 paragraph (1), not to exceed 12 months, if such 

25 a carrier or entity, or a group thereof, is not 


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1 able to fully implement a positive train control 

2 system on or before the date that is the last day 

3 of the extension granted under subparagraph 

4 (A), and such carrier or entity— 

5 ‘‘(I) demonstrates to the satisfaction 

6 of the Secretary that implementing a posi7 tive train control system was delayed due 

8 to 1 or more circumstances beyond the 

9 control of the carrier or entity, such as a 

10 delay in Federal approval of a plan, test11 ing, or certification; or 

12 ‘‘(II) demonstrates to the satisfaction 

13 of the Secretary— 

14 ‘‘(aa) that such carrier or entity 

15 will not be able to implement a posi16 tive train control system by the dead17 line described in paragraph (1) due to 

18 technical, programmatic, or oper19 ational challenges; 

20 ‘‘(bb) due diligence in its efforts 

21 to fully implement a positive train 

22 control system; and 

23 ‘‘(cc) that substantial progress 

24 has been made in deploying positive 

25 train control, to the extent feasible. 


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1 ‘‘(ii) A demonstrating carrier or entity 

2 under clause (i) must certify to the Secretary in 

3 writing that such carrier or entity will be in full 

4 compliance with the requirements of this section 

5 on or before the date that is the last date of the 

6 extension granted under clause (i). 

7 ‘‘(3) IMPLEMENTATION.— 

8 ‘‘(A) The revised plan shall— 

9 ‘‘(i) describe how the railroad carrier 

10 or entity will provide for interoperability of 

11 the system with movements of trains of 

12 other railroad carriers or entities over its 

13 lines; 

14 ‘‘(ii) to the extent practical, provide 

15 for implementation of the system in a 

16 manner that addresses areas of greater 

17 risk before areas of lesser risk; 

18 ‘‘(iii) comply with this section and 

19 subpart I of part 236 of title 49, Code of 

20 Federal Regulations; and 

21 ‘‘(iv) include a detailed schedule and 

22 sequence for fully implementing a positive 

23 train control system in accordance with 

24 this section and such regulations. 


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1 ‘‘(B) The railroad carrier shall implement 

2 a positive train control system in accordance 

3 with such plan.’’; 

4 (3) by striking subsections (c) and (d) and in5 serting the following: 

6 ‘‘(c) PROGRESS REPORTS.—Not later than January 

7 1, 2017, and annually thereafter until full implementation 

8 of positive train control systems has been completed, each 

9 railroad carrier or entity required to revise and transmit 

10 a plan under subsection (a) shall submit to the Secretary 

11 a report on the progress of such carrier or entity toward 

12 implementing positive train control systems. 

13 ‘‘(d) REPORTS.— 

14 ‘‘(1) CONGRESSIONAL NOTIFICATION.—Not 

15 later than April 1, 2018, the Secretary shall trans16 mit to the Committee on Transportation and Infra17 structure of the House of Representatives and the 

18 Committee on Commerce, Science, and Transpor19 tation of the Senate a report on the progress of the 

20 railroad carriers in implementing positive train con21 trol systems. 

22 ‘‘(2) PUBLIC AVAILABILITY.—The Secretary 

23 shall make available to the public on the Department 

24 of Transportation’s Internet Web site each progress 


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1 report submitted pursuant to paragraph (1) and 

2 subsection (c).’’; and 

3 (4) in subsection (h)— 

4 (A) by striking ‘‘The Secretary’’ and in5 serting the following: 

6 ‘‘(1) IN GENERAL.—The Secretary’’; and 

7 (B) by adding at the end the following: 

8 ‘‘(2) PROVISIONAL OPERATION.—In lieu of the 

9 requirements of paragraph (1), the Secretary may 

10 authorize a railroad carrier or other entity to com11 mence operation in revenue service of a positive 

12 train control system or component to the extent nec13 essary to enable the safe implementation of positive 

14 train control systems in phases.’’. 

Æ 


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