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II

114TH CONGRESS 1ST SESSION H. R. 3819

IN THE SENATE OF THE UNITED STATES

OCTOBER 27, 2015

Received

AN ACT To provide an extension of Federal-aid highway, highway

safety, motor carrier safety, transit, and other programs

funded out of the Highway Trust Fund, and for other

purposes.

Be it enacted by the Senate and House of Representa-1

tives of the United States of America in Congress assembled, 2

VerDate Sep 11 2014 21:38 Oct 28, 2015 Jkt 059200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H3819.RDS H3819srob

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SECTION 1. SHORT TITLE; RECONCILIATION OF FUNDS; 1

TABLE OF CONTENTS. 2

(a) SHORT TITLE.—This Act may be cited as the 3

‘‘Surface Transportation Extension Act of 2015’’. 4

(b) RECONCILIATION OF FUNDS.—The Secretary of 5

Transportation shall reduce the amount apportioned or al-6

located for a program, project, or activity under this Act 7

in fiscal year 2016 by amounts apportioned or allocated 8

pursuant to the Surface Transportation and Veterans 9

Health Care Choice Improvement Act of 2015, including 10

the amendments made by that Act, for the period begin-11

ning on October 1, 2015, and ending on October 29, 2015. 12

(c) TABLE OF CONTENTS.—The table of contents for 13

this Act is as follows: 14

Sec. 1. Short title; reconciliation of funds; table of contents.

TITLE I—SURFACE TRANSPORTATION PROGRAM EXTENSION

Subtitle A—Federal-Aid Highways

Sec. 1001. Extension of Federal-aid highway programs.

Sec. 1002. Administrative expenses.

Subtitle B—Extension of Highway Safety Programs

Sec. 1101. Extension of National Highway Traffic Safety Administration high-

way safety programs.

Sec. 1102. Extension of Federal Motor Carrier Safety Administration pro-

grams.

Sec. 1103. Dingell-Johnson Sport Fish Restoration Act.

Subtitle C—Public Transportation Programs

Sec. 1201. Formula grants for rural areas.

Sec. 1202. Apportionment of appropriations for formula grants.

Sec. 1203. Authorizations for public transportation.

Sec. 1204. Bus and bus facilities formula grants.

Subtitle D—Hazardous Materials

Sec. 1301. Authorization of appropriations.


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Sec. 1302. Ensuring safe implementation of positive train control systems.

TITLE II—REVENUE PROVISIONS

Sec. 2001. Extension of Highway Trust Fund expenditure authority.

TITLE I—SURFACE TRANSPOR-1

TATION PROGRAM EXTEN-2

SION 3

Subtitle A—Federal-Aid Highways 4

SEC. 1001. EXTENSION OF FEDERAL-AID HIGHWAY PRO-5

GRAMS. 6

(a) IN GENERAL.—Section 1001(a) of the Highway 7

and Transportation Funding Act of 2014 (128 Stat. 8

1840) is amended by striking ‘‘October 29, 2015’’ and in-9

serting ‘‘November 20, 2015’’. 10

(b) AUTHORIZATION OF APPROPRIATIONS.— 11

(1) HIGHWAY TRUST FUND.—Section 12

1001(b)(1)(B) of the Highway and Transportation 13

Funding Act of 2014 (128 Stat. 1840) is amended 14

by striking ‘‘for the period beginning on October 1, 15

2015, and ending on October 29, 2015, 29⁄366 of the 16

total amount’’ and inserting ‘‘for the period begin-17

ning on October 1, 2015, and ending on November 18

20, 2015, 51⁄366 of the total amount’’. 19

(2) GENERAL FUND.—Section 1123(h)(1) of 20

MAP–21 (23 U.S.C. 202 note) is amended by strik-21

ing ‘‘and $2,377,049 out of the general fund of the 22

Treasury to carry out the program for the period be-23


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ginning on October 1, 2015, and ending on October 1

29, 2015’’ and inserting ‘‘and $4,180,328 out of the 2

general fund of the Treasury to carry out the pro-3

gram for the period beginning on October 1, 2015, 4

and ending on November 20, 2015’’. 5

(c) USE OF FUNDS.— 6

(1) IN GENERAL.—Section 1001(c)(1)(B) of the 7

Highway and Transportation Funding Act of 2014 8

(128 Stat. 1840) is amended— 9

(A) by striking ‘‘October 29, 2015,’’ and 10

inserting ‘‘November 20, 2015,’’; and 11

(B) by striking ‘‘29⁄366’’ and inserting 12

‘‘51⁄366’’. 13

(2) OBLIGATION CEILING.—Section 1102 of 14

MAP–21 (23 U.S.C. 104 note) is amended— 15

(A) by striking subsection (a)(4) and in-16

serting the following: 17

‘‘(4) $5,595,839,851 for the period beginning 18

on October 1, 2015, and ending on November 20, 19

2015.’’; 20

(B) in subsection (b)(12) by striking ‘‘, 21

and for the period beginning on October 1, 22

2015, and ending on October 29, 2015, only in 23

an amount equal to $639,000,000, less any re-24

ductions that would have otherwise been re-25


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quired for that year by section 251A of the Bal-1

anced Budget and Emergency Deficit Control 2

Act of 1985 (2 U.S.C. 901a), then multiplied 3

by 29⁄366 for that period’’ and inserting ‘‘, and 4

for the period beginning on October 1, 2015, 5

and ending on November 20, 2015, only in an 6

amount equal to $639,000,000, less any reduc-7

tions that would have otherwise been required 8

for that year by section 251A of the Balanced 9

Budget and Emergency Deficit Control Act of 10

1985 (2 U.S.C. 901a), then multiplied by 51⁄366 11

for that period’’; 12

(C) in subsection (c)— 13

(i) in the matter preceding paragraph 14

(1) by striking ‘‘October 29, 2015’’ and in-15

serting ‘‘November 20, 2015’’; and 16

(ii) in paragraph (2) in the matter 17

preceding subparagraph (A) by striking 18

‘‘for the period beginning on October 1, 19

2015, and ending on October 29, 2015, 20

that is equal to 29⁄366 of such unobligated 21

balance’’ and inserting ‘‘for the period be-22

ginning on October 1, 2015, and ending on 23

November 20, 2015, that is equal to 51⁄366 24

of such unobligated balance’’; and 25


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(D) in subsection (f)(1) in the matter pre-1

ceding subparagraph (A) by striking ‘‘October 2

29, 2015’’ and inserting ‘‘November 20, 2015’’. 3

SEC. 1002. ADMINISTRATIVE EXPENSES. 4

Section 1002 of the Highway and Transportation 5

Funding Act of 2014 (128 Stat. 1842) is amended— 6

(1) by striking subsection (a)(2) and inserting 7

the following: 8

‘‘(2) $61,311,475 for the period beginning on 9

October 1, 2015, and ending on November 20, 10

2015.’’; and 11

(2) in subsection (b)(2) by striking ‘‘and for the 12

period beginning on October 1, 2015, and ending on 13

October 29, 2015, subject to the limitations on ad-14

ministrative expenses under the heading ‘Federal 15

Highway Administration’ ’’ and inserting ‘‘and for 16

the period beginning on October 1, 2015, and ending 17

on November 20, 2015, subject to the limitations on 18

administrative expenses for the Federal Highway 19

Administration and Appalachian Regional Commis-20

sion’’. 21


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Subtitle B—Extension of Highway 1

Safety Programs 2

SEC. 1101. EXTENSION OF NATIONAL HIGHWAY TRAFFIC 3

SAFETY ADMINISTRATION HIGHWAY SAFETY 4

PROGRAMS. 5

(a) EXTENSION OF PROGRAMS.— 6

(1) HIGHWAY SAFETY PROGRAMS.—Section 7

31101(a)(1)(D) of MAP–21 (126 Stat. 733) is 8

amended to read as follows: 9

‘‘(D) $32,745,902 for the period beginning 10

on October 1, 2015, and ending on November 11

20, 2015.’’. 12

(2) HIGHWAY SAFETY RESEARCH AND DEVEL-13

OPMENT.—Section 31101(a)(2)(D) of MAP–21 (126 14

Stat. 733) is amended to read as follows: 15



20, 2015.’’. 18

(3) NATIONAL PRIORITY SAFETY PROGRAMS.— 19

Section 31101(a)(3)(D) of MAP–21 (126 Stat. 733) 20

is amended to read as follows: 21



20, 2015.’’. 24


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(4) NATIONAL DRIVER REGISTER.—Section 1

31101(a)(4)(D) of MAP–21 (126 Stat. 733) is 2


‘‘(D) $696,721 for the period beginning on 4


2015.’’. 6

(5) HIGH VISIBILITY ENFORCEMENT PRO-7

GRAM.— 8

(A) AUTHORIZATION OF APPROPRIA-9

TIONS.—Section 31101(a)(5)(D) of MAP–21 10

(126 Stat. 733) is amended to read as follows: 11



20, 2015.’’. 14

(B) LAW ENFORCEMENT CAMPAIGNS.— 15

Section 2009(a) of SAFETEA–LU (23 U.S.C. 16

402 note) is amended— 17

(i) in the first sentence by striking 18

‘‘October 29, 2015’’ and inserting ‘‘No-19

vember 20, 2015’’; and 20

(ii) in the second sentence by striking 21

‘‘October 29, 2015,’’ and inserting ‘‘No-22

vember 20, 2015,’’. 23


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(6) ADMINISTRATIVE EXPENSES.—Section 1

31101(a)(6)(D) of MAP–21 (126 Stat. 733) is 2




20, 2015.’’. 6

(b) COOPERATIVE RESEARCH AND EVALUATION.— 7

Section 403(f)(1) of title 23, United States Code, is 8

amended by striking ‘‘and $198,087 of the total amount 9

available for apportionment to the States for highway 10

safety programs under section 402(c) in the period begin-11

ning on October 1, 2015, and ending on October 29, 12

2015,’’ and inserting ‘‘and $348,361 of the total amount 13

available for apportionment to the States for highway 14

safety programs under section 402(c) in the period begin-15

ning on October 1, 2015, and ending on November 20, 16

2015,’’. 17

(c) APPLICABILITY OF TITLE 23.—Section 31101(c) 18

of MAP–21 (126 Stat. 733) is amended by striking ‘‘Octo-19

ber 29, 2015,’’ and inserting ‘‘November 20, 2015,’’. 20

SEC. 1102. EXTENSION OF FEDERAL MOTOR CARRIER SAFE-21

TY ADMINISTRATION PROGRAMS. 22

(a) MOTOR CARRIER SAFETY GRANTS.—Section 23

31104(a)(11) of title 49, United States Code, is amended 24

to read as follows: 25


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2015.’’. 3

(b) ADMINISTRATIVE EXPENSES.—Section 4

31104(i)(1)(K) of title 49, United States Code, is amend-5

ed to read as follows: 6

‘‘(K) $36,090,164 for the period beginning 7


20, 2015.’’. 9

(c) GRANT PROGRAMS.— 10

(1) COMMERCIAL DRIVER’S LICENSE PROGRAM 11

IMPROVEMENT GRANTS.—Section 4101(c)(1) of 12

SAFETEA–LU (119 Stat. 1715) is amended by 13

striking ‘‘and $2,377,049 for the period beginning 14

on October 1, 2015, and ending on October 29, 15

2015’’ and inserting ‘‘and $4,180,328 for the period 16

beginning on October 1, 2015, and ending on No-17

vember 20, 2015’’. 18

(2) BORDER ENFORCEMENT GRANTS.—Section 19

4101(c)(2) of SAFETEA–LU (119 Stat. 1715) is 20

amended by striking ‘‘and $2,535,519 for the period 21

beginning on October 1, 2015, and ending on Octo-22

ber 29, 2015’’ and inserting ‘‘and $4,459,016 for 23


on November 20, 2015’’. 25


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(3) PERFORMANCE AND REGISTRATION INFOR-1

MATION SYSTEM MANAGEMENT GRANT PROGRAM.— 2

Section 4101(c)(3) of SAFETEA–LU (119 Stat. 3

1715) is amended by striking ‘‘and $396,175 for the 4


October 29, 2015’’ and inserting ‘‘and $696,721 for 6


on November 20, 2015’’. 8

(4) COMMERCIAL VEHICLE INFORMATION SYS-9

TEMS AND NETWORKS DEPLOYMENT PROGRAM.— 10


1715) is amended by striking ‘‘and $1,980,874 for 12


on October 29, 2015’’ and inserting ‘‘and 14

$3,483,607 for the period beginning on October 1, 15

2015, and ending on November 20, 2015’’. 16

(5) SAFETY DATA IMPROVEMENT GRANTS.— 17


1715) is amended by striking ‘‘and $237,705 for the 19


October 29, 2015’’ and inserting ‘‘and $418,033 for 21


on November 20, 2015’’. 23

(d) HIGH-PRIORITY ACTIVITIES.—Section 24

31104(k)(2) of title 49, United States Code, is amended 25


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by striking ‘‘and up to $1,188,525 for the period begin-1


2015,’’ and inserting ‘‘and up to $2,090,164 for the period 3

beginning on October 1, 2015, and ending on November 4

20, 2015,’’. 5

(e) NEW ENTRANT AUDITS.—Section 6

31144(g)(5)(B) of title 49, United States Code, is amend-7

ed by striking ‘‘and up to $2,535,519 for the period begin-8


2015,’’ and inserting ‘‘and up to $4,459,016 for the period 10

beginning on October 1, 2015, and ending on November 11

20, 2015,’’. 12

(f) OUTREACH AND EDUCATION.—Section 4127(e) of 13

SAFETEA–LU (119 Stat. 1741) is amended by striking 14

‘‘and $316,940 to the Federal Motor Carrier Safety Ad-15

ministration for the period beginning on October 1, 2015, 16

and ending on October 29, 2015,’’ and inserting ‘‘and 17

$557,377 to the Federal Motor Carrier Safety Adminis-18

tration for the period beginning on October 1, 2015, and 19

ending on November 20, 2015,’’. 20

(g) GRANT PROGRAM FOR COMMERCIAL MOTOR VE-21

HICLE OPERATORS.—Section 4134(c) of SAFETEA–LU 22

(49 U.S.C. 31301 note) is amended by striking ‘‘and 23

$79,235 for the period beginning on October 1, 2015, and 24

ending on October 29, 2015,’’ and inserting ‘‘and 25


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$139,344 for the period beginning on October 1, 2015, 1

and ending on November 20, 2015,’’. 2

SEC. 1103. DINGELL-JOHNSON SPORT FISH RESTORATION 3

ACT. 4

Section 4 of the Dingell-Johnson Sport Fish Restora-5

tion Act (16 U.S.C. 777c) is amended— 6

(1) in subsection (a) in the matter preceding 7

paragraph (1) by striking ‘‘October 29, 2015’’ and 8

inserting ‘‘November 20, 2015’’; and 9

(2) in subsection (b)(1)(A) by striking ‘‘October 10

29, 2015,’’ and inserting ‘‘November 20, 2015,’’. 11

Subtitle C—Public Transportation 12

Programs 13

SEC. 1201. FORMULA GRANTS FOR RURAL AREAS. 14

Section 5311(c)(1) of title 49, United States Code, 15

is amended— 16

(1) in subparagraph (A) by striking ‘‘and 17

$396,175 for the period beginning on October 1, 18

2015, and ending on October 29, 2015,’’ and insert-19

ing ‘‘and $696,721 for the period beginning on Oc-20

tober 1, 2015, and ending on November 20, 2015,’’; 21

and 22

(2) in subparagraph (B) by striking ‘‘and 23




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ing ‘‘and $3,483,607 for the period beginning on Oc-1

tober 1, 2015, and ending on November 20, 2015,’’. 2

SEC. 1202. APPORTIONMENT OF APPROPRIATIONS FOR 3

FORMULA GRANTS. 4

Section 5336(h)(1) of title 49, United States Code, 5

is amended by striking ‘‘and $2,377,049 for the period 6

beginning on October 1, 2015, and ending on October 29, 7

2015,’’ and inserting ‘‘and $4,180,328 for the period be-8

ginning on October 1, 2015, and ending on November 20, 9

2015,’’. 10

SEC. 1203. AUTHORIZATIONS FOR PUBLIC TRANSPOR-11

TATION. 12

(a) FORMULA GRANTS.—Section 5338(a) of title 49, 13

United States Code, is amended— 14

(1) in paragraph (1) by striking ‘‘and 15


2015, and ending on October 29, 2015’’ and insert-17

ing ‘‘and $1,197,663,934 for the period beginning 18

on October 1, 2015, and ending on November 20, 19

2015’’; 20

(2) in paragraph (2)— 21

(A) in subparagraph (A) by striking ‘‘and 22

$10,205,464 for the period beginning on Octo-23

ber 1, 2015, and ending on October 29, 2015,’’ 24

and inserting ‘‘and $17,947,541 for the period 25


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beginning on October 1, 2015, and ending on 1

November 20, 2015,’’; 2

(B) in subparagraph (B) by striking ‘‘and 3

$792,350 for the period beginning on October 4

1, 2015, and ending on October 29, 2015,’’ and 5

inserting ‘‘and $1,393,443 for the period begin-6

ning on October 1, 2015, and ending on No-7

vember 20, 2015,’’; 8

(C) in subparagraph (C) by striking ‘‘and 9





November 20, 2015,’’; 14

(D) in subparagraph (D) by striking ‘‘and 15





November 20, 2015,’’; 20

(E) in subparagraph (E)— 21

(i) by striking ‘‘and $48,159,016 for 22

the period beginning on October 1, 2015, 23

and ending on October 29, 2015,’’ and in-24

serting ‘‘and $84,693,443 for the period 25


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beginning on October 1, 2015, and ending 1

on November 20, 2015,’’; 2

(ii) by striking ‘‘and $2,377,049 for 3



serting ‘‘and $4,180,328 for the period be-6


November 20, 2015,’’; and 8

(iii) by striking ‘‘and $1,584,699 for 9



serting ‘‘and $2,786,885 for the period be-12


November 20, 2015,’’; 14

(F) in subparagraph (F) by striking ‘‘and 15



inserting ‘‘and $418,033 for the period begin-18


vember 20, 2015,’’; 20

(G) in subparagraph (G) by striking ‘‘and 21





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vember 20, 2015,’’; 2

(H) in subparagraph (H) by striking ‘‘and 3





vember 20, 2015,’’; 8

(I) in subparagraph (I) by striking ‘‘and 9





November 20, 2015,’’; 14

(J) in subparagraph (J) by striking ‘‘and 15





November 20, 2015,’’; and 20

(K) in subparagraph (K) by striking ‘‘and 21





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November 20, 2015,’’. 2

(b) RESEARCH, DEVELOPMENT DEMONSTRATION 3

AND DEPLOYMENT PROJECTS.—Section 5338(b) of title 4

49, United States Code, is amended by striking ‘‘and 5

$5,546,448 for the period beginning on October 1, 2015, 6

and ending on October 29, 2015’’ and inserting ‘‘and 7

$9,754,098 for the period beginning on October 1, 2015, 8

and ending on November 20, 2015’’. 9

(c) TRANSIT COOPERATIVE RESEARCH PROGRAM.— 10

Section 5338(c) of title 49, United States Code, is amend-11

ed by striking ‘‘and $554,645 for the period beginning on 12

October 1, 2015, and ending on October 29, 2015’’ and 13

inserting ‘‘and $975,410 for the period beginning on Octo-14

ber 1, 2015, and ending on November 20, 2015’’. 15

(d) TECHNICAL ASSISTANCE AND STANDARDS DE-16

VELOPMENT.—Section 5338(d) of title 49, United States 17

Code, is amended by striking ‘‘and $554,645 for the pe-18

riod beginning on October 1, 2015, and ending on October 19

29, 2015’’ and inserting ‘‘and $975,410 for the period be-20

ginning on October 1, 2015, and ending on November 20, 21

2015’’. 22

(e) HUMAN RESOURCES AND TRAINING.—Section 23

5338(e) of title 49, United States Code, is amended by 24

striking ‘‘and $396,175 for the period beginning on Octo-25


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ber 1, 2015, and ending on October 29, 2015’’ and insert-1

ing ‘‘and $696,721 for the period beginning on October 2

1, 2015, and ending on November 20, 2015’’. 3

(f) CAPITAL INVESTMENT GRANTS.—Section 4

5338(g) of title 49, United States Code, is amended by 5

striking ‘‘and $151,101,093 for the period beginning on 6

October 1, 2015, and ending on October 29, 2015’’ and 7

inserting ‘‘and $265,729,508 for the period beginning on 8

October 1, 2015, and ending on November 20, 2015’’. 9

(g) ADMINISTRATION.—Section 5338(h) of title 49, 10

United States Code, is amended— 11

(1) in paragraph (1) by striking ‘‘and 12


2015, and ending on October 29, 2015’’ and insert-14

ing ‘‘and $14,491,803 for the period beginning on 15


2015’’; 17

(2) in paragraph (2) by striking ‘‘and not less 18

than $396,175 for the period beginning on October 19

1, 2015, and ending on October 29, 2015,’’ and in-20

serting ‘‘and not less than $696,721 for the period 21

beginning on October 1, 2015, and ending on No-22

vember 20, 2015,’’; and 23

(3) in paragraph (3) by striking ‘‘and not less 24

than $79,235 for the period beginning on October 1, 25


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ing ‘‘and not less than $139,344 for the period be-2

ginning on October 1, 2015, and ending on Novem-3

ber 20, 2015,’’. 4

SEC. 1204. BUS AND BUS FACILITIES FORMULA GRANTS. 5

Section 5339(d)(1) of title 49, United States Code, 6

is amended— 7

(1) by striking ‘‘and $5,189,891 for the period 8

beginning on October 1, 2015, and ending on Octo-9

ber 29, 2015,’’ and inserting ‘‘and $9,127,049 for 10


on November 20, 2015,’’; 12

(2) by striking ‘‘$99,044 for such period’’ and 13

inserting ‘‘$174,180 for such period’’; and 14

(3) by striking ‘‘$39,617 for such period’’ and 15

inserting ‘‘$69,672 for such period’’. 16

Subtitle D—Hazardous Materials 17

SEC. 1301. AUTHORIZATION OF APPROPRIATIONS. 18

(a) IN GENERAL.—Section 5128(a)(4) of title 49, 19

United States Code, is amended to read as follows: 20



2015.’’. 23


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(b) HAZARDOUS MATERIALS EMERGENCY PRE-1

PAREDNESS FUND.—Section 5128(b)(2) of title 49, 2

United States Code, is amended to read as follows: 3

‘‘(2) FISCAL YEAR 2016.—From the Hazardous 4

Materials Emergency Preparedness Fund established 5

under section 5116(i), the Secretary may expend for 6


on November 20, 2015— 8

‘‘(A) $26,197 to carry out section 5115; 9

‘‘(B) $3,037,705 to carry out subsections 10

(a) and (b) of section 5116, of which not less 11

than $1,902,049 shall be available to carry out 12

section 5116(b); 13

‘‘(C) $20,902 to carry out section 5116(f); 14

‘‘(D) $87,090 to publish and distribute the 15

Emergency Response Guidebook under section 16

5116(i)(3); and 17

‘‘(E) $139,344 to carry out section 18

5116(j).’’. 19

(c) HAZARDOUS MATERIALS TRAINING GRANTS.— 20

Section 5128(c) of title 49, United States Code, is amend-21

ed by striking ‘‘and $316,940 for the period beginning on 22

October 1, 2015, and ending on October 29, 2015,’’ and 23

inserting ‘‘and $557,377 for the period beginning on Octo-24

ber 1, 2015, and ending on November 20, 2015,’’. 25


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SEC. 1302. ENSURING SAFE IMPLEMENTATION OF POSITIVE 1

TRAIN CONTROL SYSTEMS. 2

(a) SHORT TITLE.—This section may be cited as the 3

‘‘Positive Train Control Enforcement and Implementation 4

Act of 2015’’. 5

(b) IN GENERAL.—Section 20157 of title 49, United 6

States Code, is 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 ‘‘90 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’’; 14

(C) by striking ‘‘a plan for implementing’’ 15

and inserting ‘‘a revised plan for imple-16

menting’’; 17

(D) by striking ‘‘December 31, 2015’’ and 18

inserting ‘‘December 31, 2018’’; and 19

(E) in subparagraph (B) by striking 20

‘‘parts’’ and inserting ‘‘sections’’; 21

(2) by striking subsection (a)(2) and inserting 22

the following: 23

‘‘(2) IMPLEMENTATION.— 24

‘‘(A) CONTENTS OF REVISED PLAN.—A re-25

vised plan required under paragraph (1) shall— 26


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‘‘(i) describe— 1

‘‘(I) how the positive train con-2

trol system will provide for interoper-3

ability of the system with the move-4

ments of trains of other railroad car-5

riers over its lines; and 6

‘‘(II) how, to the extent practical, 7

the positive train control system will 8

be implemented in a manner that ad-9

dresses areas of greater risk before 10

areas of lesser risk; 11

‘‘(ii) comply with the positive train 12

control system implementation plan con-13

tent requirements under section 236.1011 14

of title 49, Code of Federal Regulations; 15

and 16

‘‘(iii) provide— 17

‘‘(I) the calendar year or years in 18

which spectrum will be acquired and 19

will be available for use in each area 20

as needed for positive train control 21

system implementation, if such spec-22

trum is not already acquired and 23

available for use; 24


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‘‘(II) the total amount of positive 1

train control system hardware that 2

will be installed for implementation, 3

with totals separated by each major 4

hardware category; 5

‘‘(III) the total amount of posi-6

tive train control system hardware 7

that will be installed by the end of 8

each calendar year until the positive 9

train control system is implemented, 10

with totals separated by each hard-11

ware category; 12

‘‘(IV) the total number of em-13

ployees required to receive training 14

under the applicable positive train 15

control system regulations; 16

‘‘(V) the total number of employ-17

ees that will receive the training, as 18

required under the applicable positive 19

train control system regulations, by 20

the end of each calendar year until 21

the positive train control system is im-22

plemented; 23

‘‘(VI) a summary of any remain-24

ing technical, programmatic, oper-25


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ational, or other challenges to the im-1

plementation of a positive train con-2

trol system, including challenges 3

with— 4

‘‘(aa) availability of public 5

funding; 6

‘‘(bb) interoperability; 7

‘‘(cc) spectrum; 8

‘‘(dd) software; 9

‘‘(ee) permitting; and 10

‘‘(ff) testing, demonstration, 11

and certification; and 12

‘‘(VII) a schedule and sequence 13

for implementing a positive train con-14

trol system by the deadline established 15

under paragraph (1). 16

‘‘(B) ALTERNATIVE SCHEDULE AND SE-17

QUENCE.—Notwithstanding the implementation 18

deadline under paragraph (1) and in lieu of a 19

schedule and sequence under paragraph 20

(2)(A)(iii)(VII), a railroad carrier or other enti-21

ty subject to paragraph (1) may include in its 22

revised plan an alternative schedule and se-23

quence for implementing a positive train control 24

system, subject to review under paragraph (3). 25


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Such schedule and sequence shall provide for 1

implementation of a positive train control sys-2

tem as soon as practicable, but not later than 3

the date that is 24 months after the implemen-4

tation deadline under paragraph (1). 5

‘‘(C) AMENDMENTS.—A railroad carrier or 6

other entity subject to paragraph (1) may file 7

a request to amend a revised plan, including 8

any alternative schedule and sequence, as appli-9

cable, in accordance with section 236.1021 of 10

title 49, Code of Federal Regulations. 11

‘‘(D) COMPLIANCE.—A railroad carrier or 12

other entity subject to paragraph (1) shall im-13

plement a positive train control system in ac-14

cordance with its revised plan, including any 15

amendments or any alternative schedule and se-16

quence approved by the Secretary under para-17

graph (3). 18

‘‘(3) SECRETARIAL REVIEW.— 19

‘‘(A) NOTIFICATION.—A railroad carrier or 20

other entity that submits a revised plan under 21

paragraph (1) and proposes an alternative 22

schedule and sequence under paragraph (2)(B) 23

shall submit to the Secretary a written notifica-24


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tion when such railroad carrier or other entity 1

is prepared for review under subparagraph (B). 2

‘‘(B) CRITERIA.—Not later than 90 days 3

after a railroad carrier or other entity submits 4

a notification under subparagraph (A), the Sec-5

retary shall review the alternative schedule and 6

sequence submitted pursuant to paragraph 7

(2)(B) and determine whether the railroad car-8

rier or other entity has demonstrated, to the 9

satisfaction of the Secretary, that such carrier 10

or entity has— 11

‘‘(i) installed all positive train control 12

system hardware consistent with the plan 13

contents provided pursuant to paragraph 14

(2)(A)(iii)(II) on or before the implementa-15

tion deadline under paragraph (1); 16

‘‘(ii) acquired all spectrum necessary 17

for implementation of a positive train con-18

trol system, consistent with the plan con-19

tents provided pursuant to paragraph 20

(2)(A)(iii)(I) on or before the implementa-21

tion deadline under paragraph (1); 22

‘‘(iii) completed employee training re-23

quired under the applicable positive train 24

control system regulations; 25


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‘‘(iv) included in its revised plan an 1

alternative schedule and sequence for im-2

plementing a positive train control system 3

as soon as practicable, pursuant to para-4

graph (2)(B); 5

‘‘(v) certified to the Secretary in writ-6

ing that it will be in full compliance with 7

the requirements of this section on or be-8

fore the date provided in an alternative 9

schedule and sequence, subject to approval 10

by the Secretary; 11

‘‘(vi) in the case of a Class I railroad 12

carrier and Amtrak, implemented a posi-13

tive train control system or initiated rev-14

enue service demonstration on the majority 15

of territories, such as subdivisions or dis-16

tricts, or route miles that are owned or 17

controlled by such carrier and required to 18

have operations governed by a positive 19

train control system; and 20

‘‘(vii) in the case of any other railroad 21

carrier or other entity not subject to clause 22

(vi)— 23

‘‘(I) initiated revenue service 24

demonstration on at least 1 territory 25


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that is required to have operations 1

governed by a positive train control 2

system; or 3

‘‘(II) met any other criteria es-4

tablished by the Secretary. 5

‘‘(C) DECISION.— 6

‘‘(i) IN GENERAL.—Not later than 90 7

days after the receipt of the notification 8

from a railroad carrier or other entity 9

under subparagraph (A), the Secretary 10

shall— 11

‘‘(I) approve an alternative 12

schedule and sequence submitted pur-13

suant to paragraph (2)(B) if the rail-14

road carrier or other entity meets the 15

criteria in subparagraph (B); and 16

‘‘(II) notify in writing the rail-17

road carrier or other entity of the de-18

cision. 19

‘‘(ii) DEFICIENCIES.—Not later than 20

45 days after the receipt of the notification 21

under subparagraph (A), the Secretary 22

shall provide to the railroad carrier or 23

other entity a written notification of any 24

deficiencies that would prevent approval 25


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under clause (i) and provide the railroad 1

carrier or other entity an opportunity to 2

correct deficiencies before the date speci-3

fied in such clause. 4

‘‘(D) REVISED DEADLINES.— 5

‘‘(i) PENDING REVIEWS.—For a rail-6

road carrier or other entity that submits a 7

notification under subparagraph (A), the 8

deadline for implementation of a positive 9

train control system required under para-10

graph (1) shall be extended until the date 11

on which the Secretary approves or dis-12

approves the alternative schedule and se-13

quence, if such date is later than the im-14

plementation date under paragraph (1). 15

‘‘(ii) ALTERNATIVE SCHEDULE AND 16

SEQUENCE DEADLINE.—If the Secretary 17

approves a railroad carrier or other entity’s 18

alternative schedule and sequence under 19

subparagraph (C)(i), the railroad carrier or 20

other entity’s deadline for implementation 21

of a positive train control system required 22

under paragraph (1) shall be the date 23

specified in that railroad carrier or other 24

entity’s alternative schedule and sequence. 25


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The Secretary may not approve a date for 1

implementation that is later than 24 2

months from the deadline in paragraph 3

(1).’’; 4

(3) by striking subsections (c), (d), and (e) and 5

inserting the following: 6

‘‘(c) PROGRESS REPORTS AND REVIEW.— 7

‘‘(1) PROGRESS REPORTS.—Each railroad car-8

rier or other entity subject to subsection (a) shall, 9

not later than March 31, 2016, and annually there-10

after until such carrier or entity has completed im-11

plementation of a positive train control system, sub-12

mit to the Secretary a report on the progress toward 13

implementing such systems, including— 14

‘‘(A) the information on spectrum acquisi-15

tion provided pursuant to subsection 16

(a)(2)(A)(iii)(I); 17

‘‘(B) the totals provided pursuant to sub-18

clauses (III) and (V) of subsection 19

(a)(2)(A)(iii), by territory, if applicable; 20

‘‘(C) the extent to which the railroad car-21

rier or other entity is complying with the imple-22

mentation schedule under subsection 23

(a)(2)(A)(iii)(VII) or subsection (a)(2)(B); 24


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‘‘(D) any update to the information pro-1

vided under subsection (a)(2)(A)(iii)(VI); 2

‘‘(E) for each entity providing regularly 3

scheduled intercity or commuter rail passenger 4

transportation, a description of the resources 5

identified and allocated to implement a positive 6

train control system; 7

‘‘(F) for each railroad carrier or other en-8

tity subject to subsection (a), the total number 9

of route miles on which a positive train control 10

system has been initiated for revenue service 11

demonstration or implemented, as compared to 12

the total number of route miles required to have 13

a positive train control system under subsection 14

(a); and 15

‘‘(G) any other information requested by 16

the Secretary. 17

‘‘(2) PLAN REVIEW.—The Secretary shall at 18

least annually conduct reviews to ensure that rail-19

road carriers or other entities are complying with 20

the revised plan submitted under subsection (a), in-21

cluding any amendments or any alternative schedule 22

and sequence approved by the Secretary. Such rail-23

road carriers or other entities shall provide such in-24


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formation as the Secretary determines necessary to 1

adequately conduct such reviews. 2

‘‘(3) PUBLIC AVAILABILITY.—Not later than 60 3

days after receipt, the Secretary shall make available 4

to the public on the Internet Web site of the Depart-5

ment of Transportation any report submitted pursu-6

ant to paragraph (1) or subsection (d), but may ex-7

clude, as the Secretary determines appropriate— 8

‘‘(A) proprietary information; and 9

‘‘(B) security-sensitive information, includ-10

ing information described in section 1520.5(a) 11

of title 49, Code of Federal Regulations. 12

‘‘(d) REPORT TO CONGRESS.—Not later than July 1, 13

2018, the Secretary shall transmit to the Committee on 14

Transportation and Infrastructure of the House of Rep-15

resentatives and the Committee on Commerce, Science, 16

and Transportation of the Senate a report on the progress 17

of each railroad carrier or other entity subject to sub-18

section (a) in implementing a positive train control system. 19

‘‘(e) ENFORCEMENT.—The Secretary is authorized to 20

assess civil penalties pursuant to chapter 213 for— 21

‘‘(1) a violation of this section; 22

‘‘(2) the failure to submit or comply with the 23

revised plan required under subsection (a), including 24

the failure to comply with the totals provided pursu-25


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ant to subclauses (III) and (V) of subsection 1

(a)(2)(A)(iii) and the spectrum acquisition dates 2

provided pursuant to subsection (a)(2)(A)(iii)(I); 3

‘‘(3) failure to comply with any amendments to 4

such revised plan pursuant to subsection (a)(2)(C); 5

and 6

‘‘(4) the failure to comply with an alternative 7

schedule and sequence submitted under subsection 8

(a)(2)(B) and approved by the Secretary under sub-9

section (a)(3)(C).’’; 10

(4) in subsection (h)— 11

(A) by striking ‘‘The Secretary’’ and in-12

serting the following: 13

‘‘(1) IN GENERAL.—The Secretary’’; and 14

(B) by adding at the end the following: 15

‘‘(2) PROVISIONAL OPERATION.—Notwith-16

standing the requirements of paragraph (1), the Sec-17

retary may authorize a railroad carrier or other enti-18

ty to commence operation in revenue service of a 19

positive train control system or component to the ex-20

tent necessary to enable the safe implementation and 21

operation of a positive train control system in 22

phases.’’; 23

(5) in subsection (i)— 24


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(A) by redesignating paragraphs (1) 1

through (3) as paragraphs (3) through (5), re-2

spectively; and 3

(B) by inserting before paragraph (3) (as 4

so redesignated) the following: 5

‘‘(1) EQUIVALENT OR GREATER LEVEL OF 6

SAFETY.—The term ‘equivalent or greater level of 7

safety’ means the compliance of a railroad carrier 8

with— 9

‘‘(A) appropriate operating rules in place 10

immediately prior to the use or implementation 11

of such carrier’s positive train control system, 12

except that such rules may be changed by such 13

carrier to improve safe operations; and 14

‘‘(B) all applicable safety regulations, ex-15

cept as specified in subsection (j). 16

‘‘(2) HARDWARE.—The term ‘hardware’ means 17

a locomotive apparatus, a wayside interface unit (in-18

cluding any associated legacy signal system replace-19

ments), switch position monitors needed for a posi-20

tive train control system, physical back office system 21

equipment, a base station radio, a wayside radio, a 22

locomotive radio, or a communication tower or 23

pole.’’; and 24

(6) by adding at the end the following: 25


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‘‘(j) EARLY ADOPTION.— 1

‘‘(1) OPERATIONS.—From the date of enact-2

ment of the Positive Train Control Enforcement and 3

Implementation Act of 2015 through the 1-year pe-4

riod beginning on the date on which the last Class 5

I railroad carrier’s positive train control system sub-6

ject to subsection (a) is certified by the Secretary 7

under subsection (h)(1) of this section and is imple-8

mented on all of that railroad carrier’s lines required 9

to have operations governed by a positive train con-10

trol system, any railroad carrier, including any rail-11

road carrier that has its positive train control sys-12

tem certified by the Secretary, shall not be subject 13

to the operational restrictions set forth in sections 14

236.567 and 236.1029 of title 49, Code of Federal 15

Regulations, that would apply where a controlling lo-16

comotive that is operating in, or is to be operated 17

in, a positive train control-equipped track segment 18

experiences a positive train control system failure, a 19

positive train control operated consist is not pro-20

vided by another railroad carrier when provided in 21

interchange, or a positive train control system other-22

wise fails to initialize, cuts out, or malfunctions, pro-23

vided that such carrier operates at an equivalent or 24

greater level of safety than the level achieved imme-25


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diately prior to the use or implementation of its 1

positive train control system. 2

‘‘(2) SAFETY ASSURANCE.—During the period 3

described in paragraph (1), if a positive train control 4

system that has been certified and implemented fails 5

to initialize, cuts out, or malfunctions, the affected 6

railroad carrier or other entity shall make reasonable 7

efforts to determine the cause of the failure and ad-8

just, repair, or replace any faulty component causing 9

the system failure in a timely manner. 10

‘‘(3) PLANS.—The positive train control safety 11

plan for each railroad carrier or other entity shall 12

describe the safety measures, such as operating rules 13

and actions to comply with applicable safety regula-14

tions, that will be put in place during any system 15

failure. 16

‘‘(4) NOTIFICATION.—During the period de-17

scribed in paragraph (1), if a positive train control 18

system that has been certified and implemented fails 19

to initialize, cuts out, or malfunctions, the affected 20

railroad carrier or other entity shall submit a notifi-21

cation to the appropriate regional office of the Fed-22

eral Railroad Administration within 7 days of the 23

system failure, or under alternative location and 24

deadline requirements set by the Secretary, and in-25


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clude in the notification a description of the safety 1

measures the affected railroad carrier or other entity 2

has in place. 3

‘‘(k) SMALL RAILROADS.—Not later than 120 days 4

after the date of the enactment of this Act, the Secretary 5

shall amend section 236.1006(b)(4)(iii)(B) of title 49, 6

Code of Federal Regulations (relating to equipping loco-7

motives for applicable Class II and Class III railroads op-8

erating in positive train control territory) to extend each 9

deadline under such section by 3 years. 10

‘‘(l) REVENUE SERVICE DEMONSTRATION.—When a 11

railroad carrier or other entity subject to (a)(1) notifies 12

the Secretary it is prepared to initiate revenue service 13

demonstration, it shall also notify any applicable tenant 14

railroad carrier or other entity subject to subsection 15

(a)(1).’’. 16

(c) CONFORMING AMENDMENT.—Section 20157(g), 17

is amended— 18

(1) by striking ‘‘The Secretary’’ and inserting 19

the following: 20

‘‘(1) IN GENERAL.—The Secretary’’; and 21

(2) by adding at the end the following: 22

‘‘(2) CONFORMING REGULATORY AMEND-23

MENTS.—Immediately after the date of the enact-24


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ment of the Positive Train Control Enforcement and 1

Implementation Act of 2015, the Secretary— 2

‘‘(A) shall remove or revise the date-spe-3

cific deadlines in the regulations or orders im-4

plementing this section to the extent necessary 5

to conform with the amendments made by such 6

Act; and 7

‘‘(B) may not enforce any such date-spe-8

cific deadlines or requirements that are incon-9

sistent with the amendments made by such Act. 10

‘‘(3) REVIEW.—Nothing in the Positive Train 11

Control Enforcement and Implementation Act of 12

2015, or the amendments made by such Act, shall 13

be construed to require the Secretary to issue regu-14

lations to implement such Act or amendments other 15

than the regulatory amendments required by para-16

graph (2) and subsection (k).’’. 17

TITLE II—REVENUE PROVISIONS 18

SEC. 2001. EXTENSION OF HIGHWAY TRUST FUND EXPENDI-19

TURE AUTHORITY. 20

(a) HIGHWAY TRUST FUND.—Section 9503 of the 21

Internal Revenue Code of 1986 is amended— 22

(1) by striking ‘‘October 30, 2015’’ in sub-23

sections (b)(6)(B), (c)(1), and (e)(3) and inserting 24

‘‘November 21, 2015’’, and 25


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(2) by striking ‘‘Surface Transportation and 1

Veterans Health Care Choice Improvement Act of 2

2015’’ in subsections (c)(1) and (e)(3) and inserting 3

‘‘Surface Transportation Extension Act of 2015’’. 4

(b) SPORT FISH RESTORATION AND BOATING TRUST 5

FUND.—Section 9504 of such Code is amended— 6

(1) by striking ‘‘Surface Transportation and 7

Veterans Health Care Choice Improvement Act of 8

2015’’ each place it appears in subsection (b)(2) and 9

inserting ‘‘Surface Transportation Extension Act of 10

2015’’, and 11

(2) by striking ‘‘October 30, 2015’’ in sub-12

section (d)(2) and inserting ‘‘November 21, 2015’’. 13

(c) LEAKING UNDERGROUND STORAGE TANK TRUST 14

FUND.—Section 9508(e)(2) of such Code is amended by 15

striking ‘‘October 30, 2015’’ and inserting ‘‘November 21, 16

2015’’. 17

Passed the House of Representatives October 27,

2015.

Attest: KAREN L. HAAS,

Clerk.


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TH ST CONGRESS SESSION H. R. 3819 - GPO€¦ · II 114TH CONGRESS 1ST SESSION H. R. 3819 IN THE...

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Transcript of TH ST CONGRESS SESSION H. R. 3819 - GPO€¦ · II 114TH CONGRESS 1ST SESSION H. R. 3819 IN THE...