```

[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[S. 650 Reported in Senate (RS)]

<DOC>

                                                       Calendar No. 641
114th CONGRESS
  2d Session
                                 S. 650

 To extend the positive train control system implementation deadline, 
                        and for other purposes.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                             March 4, 2015

  Mr. Blunt (for himself, Mrs. McCaskill, Mr. Thune, Mr. Johnson, Mr. 
   Inhofe, Mrs. Fischer, Mr. Sullivan, Ms. Murkowski, Mr. Moran, Mr. 
    Heller, Mr. Rubio, Ms. Ayotte, and Mr. Portman) introduced the 
 following bill; which was read twice and referred to the Committee on 
                 Commerce, Science, and Transportation

                           September 22, 2016

                Reported by Mr. Thune, with an amendment
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

_______________________________________________________________________

                                 A BILL

 
 To extend the positive train control system implementation deadline, 
                        and for other purposes.

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

<DELETED>SECTION 1. SHORT TITLE.</DELETED>

<DELETED>    This Act may be cited as the ``Railroad Safety and 
Positive Train Control Extension Act''.</DELETED>

<DELETED>SEC. 2. IMPLEMENTATION DEADLINE.</DELETED>

<DELETED>    (a) Technology Implementation Plan.--Section 20156(e)(4) 
of title 49, United States Code, is amended to read as 
follows:</DELETED>
        <DELETED>    ``(4) Positive train control.--</DELETED>
                <DELETED>    ``(A) In general.--Except as required by 
                section 20157 (relating to the requirements for 
                implementation of positive train control systems), the 
                Secretary shall ensure that each railroad carrier's 
                technology implementation plan required under paragraph 
                (1) that includes a schedule for implementation of a 
                positive train control system complies with that 
                schedule.</DELETED>
                <DELETED>    ``(B) Rule of construction.--Nothing in 
                this section shall be construed as requiring the 
                installation of positive train control on railroad 
                tracks if--</DELETED>
                        <DELETED>    ``(i) positive train control is 
                        not required on those tracks under section 
                        20157; and</DELETED>
                        <DELETED>    ``(ii) the railroad does not 
                        choose to implement positive train control as a 
                        technology on those tracks under this 
                        section.''.</DELETED>
<DELETED>    (b) Extension of Deadline.--Section 20157 of title 49, 
United States Code, is amended--</DELETED>
        <DELETED>    (1) in subsection (a)(1)--</DELETED>
                <DELETED>    (A) by striking ``Not later than 18 months 
                after the date of enactment of the Rail Safety 
                Improvement Act of 2008, each'' and inserting ``Each''; 
                and</DELETED>
                <DELETED>    (B) by striking ``by December 31, 2015'' 
                and inserting ``by December 31, 2020''; and</DELETED>
        <DELETED>    (2) in subsection (a)(1)(B), by striking 
        ``transported'' and inserting ``transported on or after 
        December 31, 2015''.</DELETED>

<DELETED>SEC. 3. AUTHORITY OF SECRETARY OF TRANSPORTATION TO EXTEND 
              IMPLEMENTATION DEADLINE.</DELETED>

<DELETED>    (a) In General.--Section 20157 of title 49, United States 
Code, as amended by section 2(b) of this Act, is further amended--
</DELETED>
        <DELETED>    (1) in subsection (a)(1), by striking ``Each Class 
        I'' and inserting ``Except as provided under subsection (i), 
        each Class I'';</DELETED>
        <DELETED>    (2) by redesignating subsection (i) as subsection 
        (j); and</DELETED>
        <DELETED>    (3) by inserting before subsection (j), as 
        redesignated, the following:</DELETED>
<DELETED>    ``(i) Implementation Extensions.--</DELETED>
        <DELETED>    ``(1) In general.--The Secretary may extend in 1-
        year increments, upon application, the deadline for 
        implementing a positive train control system under subsection 
        (a)(1) for an applicant, if the Secretary determines that--
        </DELETED>
                <DELETED>    ``(A) full implementation will likely be 
                infeasible due to circumstances beyond the control of 
                the applicant, including funding availability, spectrum 
                acquisition, resource and technology availability, 
                software development and testing, availability of 
                alternate risk reduction strategies, and 
                interoperability standards;</DELETED>
                <DELETED>    ``(B) the applicant has demonstrated good 
                faith in its positive train control system 
                implementation;</DELETED>
                <DELETED>    ``(C) the applicant has presented a 
                revised plan for implementing a positive train control 
                system indicating how the applicant will fully 
                implement a positive train control system as soon as 
                feasible, but not later than December 31, 2022; 
                and</DELETED>
                <DELETED>    ``(D) the extension will not extend later 
                than December 31, 2022.</DELETED>
        <DELETED>    ``(2) Considerations.--In making a determination 
        under paragraph (1), the Secretary shall consider--</DELETED>
                <DELETED>    ``(A) whether the affected areas of track 
                have been identified as areas of greater risk to the 
                public and railroad employees in the applicant's 
                positive train control implementation plan under 
                section 236.1011(a)(4) of title 49, Code of Federal 
                Regulations (relating to PTC Implementation Plan 
                content requirements); and</DELETED>
                <DELETED>    ``(B) the risk of operational failure to 
                the affected service areas and the applicant.</DELETED>
        <DELETED>    ``(3) Review.--Not later than 10 days after the 
        Secretary receives an application under paragraph (1), the 
        Secretary shall review and approve or disapprove the 
        application.''.</DELETED>
<DELETED>    (b) Conforming Amendment.--Section 20156(e)(2) of title 
49, United States Code, is amended by striking ``as defined in section 
20157(i)'' and inserting ``as defined in section 20157(j)''.</DELETED>

<DELETED>SEC. 4. EQUIPPING LOCOMOTIVES OPERATING IN POSITIVE TRAIN 
              CONTROL TERRITORY.</DELETED>

<DELETED>    Not later than 180 days after the date of enactment of 
this Act, the Secretary of Transportation shall revise section 
236.1006(b)(4)(iii)(B) of title 49, Code of Federal Regulations 
(relating to equipping locomotives operating in PTC territory) to 
extend each deadline 5 years.</DELETED>

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Railroad Safety and Positive Train 
Control Extension Act''.

SEC. 2. IMPLEMENTATION DEADLINE.

    (a) Technology Implementation Plan.--Section 20156(e)(4) of title 
49, United States Code, is amended to read as follows:
            ``(4) Positive train control.--
                    ``(A) In general.--Except as required by section 
                20157 (relating to the requirements for implementation 
                of positive train control systems), the Secretary shall 
                ensure that each railroad carrier's technology 
                implementation plan required under paragraph (1) that 
                includes a schedule for implementation of a positive 
                train control system complies with that schedule.
                    ``(B) Rule of construction.--Nothing in this 
                section shall be construed as requiring the 
                installation of positive train control on railroad 
                tracks if--
                            ``(i) positive train control is not 
                        required on those tracks under section 20157; 
                        and
                            ``(ii) the railroad does not choose to 
                        implement positive train control as a 
                        technology on those tracks under this 
                        section.''.
    (b) Extension of Deadline.--Section 20157 of title 49, United 
States Code, is amended--
            (1) in subsection (a)(1)--
                    (A) by striking ``Not later than 18 months after 
                the date of enactment of the Rail Safety Improvement 
                Act of 2008, each'' and inserting ``Each''; and
                    (B) by striking ``by December 31, 2015'' and 
                inserting ``by December 31, 2020''; and
            (2) in subsection (a)(1)(B), by striking ``transported'' 
        and inserting ``transported on or after December 31, 2015''.

SEC. 3. AUTHORITY OF SECRETARY OF TRANSPORTATION TO EXTEND 
              IMPLEMENTATION DEADLINE.

    (a) In General.--Section 20157 of title 49, United States Code, as 
amended by section 2(b) of this Act, is further amended--
            (1) in subsection (a)(1), by striking ``Each Class I'' and 
        inserting ``Except as provided under subsection (i), each Class 
        I'';
            (2) by redesignating subsection (i) as subsection (j); and
            (3) by inserting before subsection (j), as redesignated, 
        the following:
    ``(i) Implementation Extensions.--
            ``(1) In general.--The Secretary may extend in 1-year 
        increments, upon application, the deadline for implementing a 
        positive train control system under subsection (a)(1) for an 
        applicant, if the Secretary determines that--
                    ``(A) full implementation will likely be infeasible 
                due to circumstances beyond the control of the 
                applicant, including funding availability, spectrum 
                acquisition, resource and technology availability, 
                software development and testing, availability of 
                alternate risk reduction strategies, and 
                interoperability standards;
                    ``(B) the applicant has demonstrated good faith in 
                its positive train control system implementation;
                    ``(C) the applicant has presented a revised plan 
                for implementing a positive train control system 
                indicating how the applicant will fully implement a 
                positive train control system as soon as feasible, but 
                not later than December 31, 2022; and
                    ``(D) the extension will not extend later than 
                December 31, 2022.
            ``(2) Considerations.--In making a determination under 
        paragraph (1), the Secretary shall consider--
                    ``(A) whether the affected areas of track have been 
                identified as areas of greater risk to the public and 
                railroad employees in the applicant's positive train 
                control implementation plan under section 
                236.1011(a)(4) of title 49, Code of Federal Regulations 
                (relating to PTC Implementation Plan content 
                requirements); and
                    ``(B) the risk of operational failure to the 
                affected service areas and the applicant.
            ``(3) Review.--Not later than 10 days after the Secretary 
        receives an application under paragraph (1), the Secretary 
        shall review and approve or disapprove the application.''.
    (b) Conforming Amendment.--Section 20156(e)(2) of title 49, United 
States Code, is amended by striking ``as defined in section 20157(i)'' 
and inserting ``as defined in section 20157(j)''.

SEC. 4. EQUIPPING LOCOMOTIVES OPERATING IN POSITIVE TRAIN CONTROL 
              TERRITORY.

    Not later than 180 days after the date of enactment of this Act, 
the Secretary of Transportation shall revise section 
236.1006(b)(4)(iii)(B) of title 49, Code of Federal Regulations 
(relating to equipping locomotives operating in PTC territory) to 
extend each deadline 5 years.

SEC. 5. REPORTS.

    Section 20157(a) of title 49, United States Code, is amended by 
adding at the end the following:
            ``(3) Progress reports.--
                    ``(A) In general.--Beginning 6 months after the 
                date of the enactment of the Railroad Safety and 
                Positive Train Control Extension Act, and annually 
                thereafter until its positive train control system is 
                certified by the Secretary under subsection (h), each 
                Class I railroad carrier, and each entity providing 
                regularly scheduled intercity or commuter rail 
                passenger transportation, required to submit a plan 
                under paragraph (1) shall submit a progress report to 
                the Secretary on the status of the plan.
                    ``(B) Contents.--A progress report under 
                subparagraph (A) shall include--
                            ``(i) a section describing the total number 
                        of positive train control components required, 
                        the number of components that have been 
                        installed, equipped, or deployed as of the date 
                        of the progress report, the number of 
                        components that remain to be installed, 
                        equipped, or deployed, and an estimated 
                        completion date for full positive train control 
                        system completion;
                            ``(ii) a section summarizing the number of 
                        employees requiring training under section 
                        236.1041 of title 49, Code of Federal 
                        Regulations, and the status of the training 
                        activities; and
                            ``(iii) a section summarizing the remaining 
                        challenges to full positive train control 
                        system implementation, including testing 
                        issues, interoperability challenges, and 
                        certification challenges.
                    ``(C) Definition of component.--In this paragraph, 
                the term `component' means a locomotive apparatus, 
                wayside interface unit, switches in non-signal positive 
                train control territory, base station radio, wayside 
                radio, or locomotive radio.
                    ``(D) Website.--Not later than 30 days after 
                receiving a progress report under this paragraph, the 
                Secretary shall make the report available on the 
                website of the Federal Railroad Administration.''.
                                                       Calendar No. 641

114th CONGRESS

  2d Session

                                 S. 650

_______________________________________________________________________

                                 A BILL

 To extend the positive train control system implementation deadline, 
                        and for other purposes.

_______________________________________________________________________

                           September 22, 2016

                       Reported with an amendment
```