[House Report 114-808]
[From the U.S. Government Publishing Office]
114th Congress } { Report
HOUSE OF REPRESENTATIVES
2d Session } { 114-808
======================================================================
RESPONSE ACT OF 2016
_______
November 14, 2016.--Committed to the Committee of the Whole House on
the State of the Union and ordered to be printed
_______
Mr. Shuster, from the Committee on Transportation and Infrastructure,
submitted the following
R E P O R T
[To accompany S. 546]
[Including cost estimate of the Congressional Budget Office]
The Committee on Transportation and Infrastructure, to whom
was referred the bill (S. 546) to establish the Railroad
Emergency Services Preparedness, Operational Needs, and Safety
Evaluation (RESPONSE) Subcommittee under the Federal Emergency
Management Agency's National Advisory Council to provide
recommendations on emergency responder training and resources
relating to hazardous materials incidents involving railroads,
and for other purposes, having considered the same, report
favorably thereon with an amendment and recommend that the bill
as amended do pass.
CONTENTS
Page
Purpose of Legislation........................................... 4
Background and Need for Legislation.............................. 4
Hearings......................................................... 5
Legislative History and Consideration............................ 5
Committee Votes.................................................. 6
Committee Oversight Findings..................................... 6
New Budget Authority and Tax Expenditures........................ 6
Congressional Budget Office Cost Estimate........................ 6
Performance Goals and Objectives................................. 7
Advisory of Earmarks............................................. 7
Duplication of Federal Programs.................................. 7
Disclosure of Directed Rule Makings.............................. 8
Federal Mandate Statement........................................ 8
Preemption Clarification......................................... 8
Advisory Committee Statement..................................... 8
Applicability of Legislative Branch.............................. 8
Section-by-Section Analysis of Legislation....................... 8
Changes in Existing Law Made by the Bill, as Reported............ 10
The amendment is as follows:
Strike all after the enacting clause and insert the
following:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``RESPONSE Act of 2016''.
SEC. 2. RAILROAD EMERGENCY SERVICES PREPAREDNESS, OPERATIONAL NEEDS,
AND SAFETY EVALUATION SUBCOMMITTEE.
Section 508 of the Homeland Security Act of 2002 (6 U.S.C. 318) is
amended--
(1) by redesignating subsection (d) as subsection (e); and
(2) by inserting after subsection (c) the following:
``(d) RESPONSE Subcommittee.--
``(1) Establishment.--Not later than 30 days after the date
of the enactment of the RESPONSE Act of 2016, the Administrator
shall establish, as a subcommittee of the National Advisory
Council, the Railroad Emergency Services Preparedness,
Operational Needs, and Safety Evaluation Subcommittee (referred
to in this subsection as the `RESPONSE Subcommittee').
``(2) Membership.--Notwithstanding subsection (c), the
RESPONSE Subcommittee shall be composed of the following:
``(A) The Deputy Administrator, Protection and
National Preparedness of the Federal Emergency
Management Agency, or designee.
``(B) The Chief Safety Officer of the Pipeline and
Hazardous Materials Safety Administration, or designee.
``(C) The Associate Administrator for Hazardous
Materials Safety of the Pipeline and Hazardous
Materials Safety Administration, or designee.
``(D) The Director of the Office of Emergency
Communications of the Department of Homeland Security,
or designee.
``(E) The Director for the Office of Railroad,
Pipeline and Hazardous Materials Investigations of the
National Transportation Safety Board, or designee.
``(F) The Chief Safety Officer and Associate
Administrator for Railroad Safety of the Federal
Railroad Administration, or designee.
``(G) The Assistant Administrator for Security Policy
and Industry Engagement of the Transportation Security
Administration, or designee.
``(H) The Assistant Commandant for Response Policy of
the Coast Guard, or designee.
``(I) The Assistant Administrator for the Office of
Solid Waste and Emergency Response of the Environmental
Protection Agency, or designee.
``(J) Such other qualified individuals as the co-
chairpersons shall jointly appoint as soon as
practicable after the date of the enactment of the
RESPONSE Act of 2016 from among the following:
``(i) Members of the National Advisory
Council that have the requisite technical
knowledge and expertise to address rail
emergency response issues, including members
from the following disciplines:
``(I) Emergency management and
emergency response providers, including
fire service, law enforcement,
hazardous materials response, and
emergency medical services.
``(II) State, local, and tribal
government officials.
``(ii) Individuals who have the requisite
technical knowledge and expertise to serve on
the RESPONSE Subcommittee, including at least 1
representative from each of the following:
``(I) The rail industry.
``(II) Rail labor
``(III) Persons who offer oil for
transportation by rail.
``(IV) The communications industry.
``(V) Emergency response providers,
including individuals nominated by
national organizations representing
State and local governments and
emergency responders.
``(VI) Emergency response training
providers.
``(VII) Representatives from tribal
organizations.
``(VIII) Technical experts.
``(IX) Vendors, developers, and
manufacturers of systems, facilities,
equipment, and capabilities for
emergency responder services.
``(iii) Representatives of such other
stakeholders and interested and affected
parties as the co-chairpersons consider
appropriate.
``(3) Co-chairpersons.--The members described in
subparagraphs (A) and (B) of paragraph (2) shall serve as the
co-chairpersons of the RESPONSE Subcommittee.
``(4) Initial meeting.--The initial meeting of the RESPONSE
Subcommittee shall take place not later than 90 days after the
date of enactment of the RESPONSE Act of 2016.
``(5) Consultation with nonmembers.--The RESPONSE
Subcommittee and the program offices for emergency responder
training and resources shall consult with other relevant
agencies and groups, including entities engaged in federally
funded research and academic institutions engaged in relevant
work and research, which are not represented on the RESPONSE
Subcommittee to consider new and developing technologies and
methods that may be beneficial to preparedness and response to
rail hazardous materials incidents.
``(6) Recommendations.--The RESPONSE Subcommittee shall
develop recommendations, as appropriate, for improving
emergency responder training and resource allocation for
hazardous materials incidents involving railroads after
evaluating the following topics:
``(A) The quality and application of training for
State and local emergency responders related to rail
hazardous materials incidents, including training for
emergency responders serving small communities near
railroads, including the following:
``(i) Ease of access to relevant training for
State and local emergency responders, including
an analysis of--
``(I) the number of individuals being
trained;
``(II) the number of individuals who
are applying;
``(III) whether current demand is
being met;
``(IV) current challenges; and
``(V) projected needs.
``(ii) Modernization of training course
content related to rail hazardous materials
incidents, with a particular focus on
fluctuations in oil shipments by rail,
including regular and ongoing evaluation of
course opportunities, adaptation to emerging
trends, agency and private sector outreach,
effectiveness and ease of access for State and
local emergency responders.
``(iii) Identification of overlap in training
content and identification of opportunities to
develop complementary courses and materials
among governmental and nongovernmental
entities.
``(iv) Online training platforms, train-the-
trainer, and mobile training options.
``(B) The availability and effectiveness of Federal,
State, local, and nongovernmental funding levels
related to training emergency responders for rail
hazardous materials incidents, including emergency
responders serving small communities near railroads,
including--
``(i) identifying overlap in resource
allocations;
``(ii) identifying cost savings measures that
can be implemented to increase training
opportunities;
``(iii) leveraging government funding with
nongovernmental funding to enhance training
opportunities and fill existing training gaps;
``(iv) adaptation of priority settings for
agency funding allocations in response to
emerging trends;
``(v) historic levels of funding across
Federal agencies for rail hazardous materials
incident response and training, including
funding provided by the private sector to
public entities or in conjunction with Federal
programs; and
``(vi) current funding resources across
agencies.
``(C) The strategy for integrating commodity flow
studies, mapping, and rail and hazardous materials
databases for State and local emergency responders and
increasing the rate of access to the individual
responder in existing or emerging communications
technology.
``(7) Report.--
``(A) In general.--Not later than 1 year after the
date of the enactment of the RESPONSE Act of 2016, the
RESPONSE Subcommittee shall submit a report to the
National Advisory Council that--
``(i) includes the recommendations developed
under paragraph (6);
``(ii) specifies the timeframes for
implementing any such recommendations that do
not require congressional action; and
``(iii) identifies any such recommendations
that do require congressional action.
``(B) Review.--Not later than 30 days after receiving
the report under subparagraph (A), the National
Advisory Council shall begin a review of the report.
The National Advisory Council may ask for additional
clarification, changes, or other information from the
RESPONSE Subcommittee to assist in the approval of the
recommendations.
``(C) Recommendation.--Once the National Advisory
Council approves the recommendations of the RESPONSE
Subcommittee, the National Advisory Council shall
submit the report to--
``(i) the co-chairpersons of the RESPONSE
Subcommittee;
``(ii) the head of each other agency
represented on the RESPONSE Subcommittee;
``(iii) the Committee on Homeland Security
and Governmental Affairs of the Senate;
``(iv) the Committee on Commerce, Science,
and Transportation of the Senate;
``(v) the Committee on Homeland Security of
the House of Representatives; and
``(vi) the Committee on Transportation and
Infrastructure of the House of Representatives.
``(8) Interim activity.--
``(A) Updates and oversight.--After the submission of
the report by the National Advisory Council under
paragraph (7), the Administrator shall--
``(i) provide annual updates to the
congressional committees referred to in
paragraph (7)(C) regarding the status of the
implementation of the recommendations developed
under paragraph (6); and
``(ii) coordinate the implementation of the
recommendations described in paragraph
(6)(G)(i), as appropriate.
``(B) Sunset.--The requirements of subparagraph (A)
shall terminate on the date that is 2 years after the
date of the submission of the report required under
paragraph (7)(A).
``(9) Termination.--The RESPONSE Subcommittee shall terminate
not later than 90 days after the submission of the report
required under paragraph (7)(C).''.
Purpose of Legislation
S. 546, the ``RESPONSE Act of 2016'', as amended,
establishes the Railroad Emergency Services Preparedness,
Operational Needs, and Safety Evaluation Subcommittee under the
Federal Emergency Management Agency's (FEMA) National Advisory
Council to provide recommendations regarding emergency
responder training related to hazardous materials incidents
involving railroads.
Background and Need for Legislation
According to the Federal Railroad Administration (FRA), the
volume of crude oil carried by rail increased 423 percent
between 2011 and 2012. In 2013, the number of rail carloads of
crude oil approached 400,000, reached approximately 450,000
carloads in 2014, and dropped to approximately 390,000
railroads in 2015, compared to just 9,500 carloads in 2008.
Increased crude oil transportation by rail can increase the
potential risks of derailments and accidents. In order to
ensure the safety of communities around the country, there is a
need to ensure that emergency responders receive the best
training and coordination to properly respond to hazmat
incidents on the national rail system.
Smaller, local communities, in particular, often lack the
resources and capability to train emergency responders,
however, local communities often find themselves responding to
incidents before state and federal entities are able to arrive
on the scene of an accident. The actions of emergency
responders in these local communities are crucial in the
initial hours of a derailment or accident, and responders must
be properly trained and prepared to handle hazmat incidents.
Despite most recent trends, movements of crude by rail are
still well above 2008 rates, meaning many smaller, local
communities are seeing an increase of trains carrying hazardous
materials. Small communities can see as many as 9 trains a day,
with each train having as many as 100 linked crude oil tank
cars. In order to mitigate the risks to local communities in
the event of a derailment or spill, emergency responders must
be provided with proper training and resources.
The RESPONSE Act of 2016 establishes a temporary
subcommittee under FEMA's National Advisory Council to address
issues related to emergency responder training. The RESPONSE
Subcommittee is comprised of individuals from the public and
private sector, agencies, emergency responders, and technical
experts. The Subcommittee will review training, resources, best
practices, and unmet needs related to emergency responders to
railroad hazardous materials incidents.
The RESPONSE Subcommittee is tasked with evaluating and
providing recommendations on the quality and application of
training for local emergency responders related to rail
hazardous materials incidents; modernizing training course
content related to rail hazardous material incidents;
identifying any overlap in training content and opportunities
to develop complementary courses and materials; determining the
effectiveness of funding levels for training emergency
responders; and developing a strategy for integration of
commodity flow studies.
Hearings
There were no hearings related to this legislation in the
House.
Legislative History and Consideration
On February 24, 2015, Senate Subcommittee on Regulatory
Affairs and Federal Management Ranking Member Heitkamp
introduced S. 546, the RESPONSE Act. A companion bill, H.R.
1043, was introduced by Congressman Ron Kind on the same date.
On July 21, 2015, the Senate Committee on Homeland Security and
Government Affairs reported the bill without amendment
favorably. On May 9, 2016, Senate amendment 3889 was proposed
by Senator Enzi for Senator Heitkamp and was agreed to by
unanimous consent. On May 9, 2016, S. 546 passed the Senate by
unanimous consent. On September 14, 2016, the Committee on
Transportation and Infrastructure met in open session to
consider S. 546. An amendment was offered in Committee by
Representatives Michael Capuano and Jeff Denham, which was
adopted by voice vote. The amendment clarifies the members of
the subcommittee and makes changes to remove language
duplicative of provisions in the Fixing America's Surface
Transportation Act, which was signed into law on December 4,
2015. The Committee ordered S. 546, as amended, reported
favorably to the House by voice vote with a quorum present.
Committee Votes
Clause 3(b) of rule XIII of the Rules of the House of
Representatives requires each committee report to include the
total number of votes cast for and against on each record vote
on a motion to report and on any amendment offered to the
measure or matter, and the names of those members voting for
and against. There were no recorded votes associated with this
bill.
Committee Oversight Findings
With respect to the requirements of clause 3(c)(1) of rule
XIII of the Rules of the House of Representatives, the
Committee's oversight findings and recommendations are
reflected in this report.
New Budget Authority and Tax Expenditures
In compliance with clause 3(c)(2) of rule XIII of the Rules
of the House of Representatives, the Committee adopts as its
own the estimate of new budget authority, entitlement
authority, or tax expenditures or revenues contained in the
cost estimate prepared by the Director of the Congressional
Budget Office pursuant to section 402 of the Congressional
Budget Act of 1974, included below.
Congressional Budget Office Cost Estimate
With respect to the requirement of clause 3(c)(3) of rule
XIII of the Rules of the House of Representatives and section
402 of the Congressional Budget Act of 1974, the Committee has
received the enclosed cost estimate for S. 546 from the
Director of the Congressional Budget Office:
U.S. Congress,
Congressional Budget Office,
Washington, DC, September 21, 2016.
Hon. Bill Shuster,
Chairman, Committee on Transportation and Infrastructure,
House of Representatives, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for S. 546, the RESPONSE
Act of 2016.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Robert Reese.
Sincerely,
Keith Hall.
Enclosure.
S. 546--RESPONSE Act of 2016
S. 546 would establish the Railroad Emergency Services
subcommittee under the Federal Emergency Management Agency's
(FEMA's) National Advisory Council (NAC). The act would direct
the subcommittee to evaluate several aspects of the ability of
emergency personnel to respond to hazardous materials incidents
involving trains. S. 546 would require the subcommittee to
provide recommendations to the NAC on methods to improve
response to such incidents within one year of enactment of S.
546. Under the legislation, the subcommittee would terminate
within nine months of submitting the recommendations to the
NAC. Subsequently, the act also would require FEMA to provide
to the Congress a report detailing the implementation of those
recommendations in each of the following two years.
Based on an analysis of information provided by FEMA, CBO
estimates that implementing S. 546 would cost less than
$500,000 over the 2017-2021 period to establish and staff the
committee and to prepare the recommendations. Any such spending
would be subject to the availability of appropriated funds.
Enacting S. 546 would not affect direct spending or
revenues; therefore, pay-as-you-go procedures do not apply.
CBO estimates that enacting S. 546 would not increase net
direct spending or on-budget deficits in any of the four
consecutive 10-year periods beginning in 2027.
S. 546 contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act and
would impose no costs on state, local, or tribal governments.
On March 18, 2015, CBO transmitted a cost estimate for S.
546, the RESPOSE Act of 2015, as ordered reported by the Senate
Committee on Homeland Security and Governmental Affairs on
March 4, 2015. That version of S. 546 also would establish the
Railroad Emergency Services subcommittee and would permit it to
operate for up to five years following enactment. Differences
in CBO's estimates of spending subject to appropriation under
the two versions of S. 546 reflect the difference in the length
of time the subcommittee would be authorized to operate.
The CBO staff contact for this estimate is Robert Reese.
The estimate was approved by H. Samuel Papenfuss, Deputy
Assistant Director for Budget Analysis.
Performance Goals and Objectives
With respect to the requirement of clause 3(c)(4) of rule
XIII of the Rules of the House of Representatives, the
performance goals and objectives of this legislation are to
ensure that emergency responders are adequately trained to
handle rail hazmat incidents. This bill, as amended, enhances
safety by convening a Subcommittee to evaluate emergency
responder training.
Advisory of Earmarks
Pursuant to clause 9 of rule XXI of the Rules of the House
of Representatives, the Committee is required to include a list
of congressional earmarks, limited tax benefits, or limited
tariff benefits as defined in clause 9(e), 9(f), and 9(g) of
rule XXI of the Rules of the House of Representatives. No
provision in the bill, as amended, includes an earmark, limited
tax benefit, or limited tariff benefit under clause 9(e), 9(f),
or 9(g) of rule XXI.
Duplication of Federal Programs
Pursuant to section 3(g) of H. Res. 5, 114th Cong. (2015),
the Committee finds that no provision of S. 546, as amended,
establishes or reauthorizes a program of the federal government
known to be duplicative of another federal program, a program
that was included in any report from the Government
Accountability Office to Congress pursuant to section 21 of
Public Law 111-139, or a program related to a program
identified in the most recent Catalog of Federal Domestic
Assistance.
Disclosure of Directed Rule Makings
Pursuant to section 3(i) of H. Res. 5, 113th Cong. (2015),
the Committee estimates that enacting S. 546, as amended, does
not specifically direct the completion of a specific rule
making within the meaning of section 551 of title 5, United
States Code.
Federal Mandate Statement
The Committee adopts as its own the estimate of federal
mandates prepared by the Director of the Congressional Budget
Office pursuant to section 423 of the Unfunded Mandates Reform
Act (Public Law 104-4).
Preemption Clarification
Section 423 of the Congressional Budget Act of 1974
requires the report of any Committee on a bill or joint
resolution to include a statement on the extent to which the
bill or joint resolution is intended to preempt state, local,
or tribal law. The Committee states that S. 546, as amended,
does not preempt any state, local, or tribal law. S. 546, as
amended, preserves the rights and permitting authorities of
states.
Advisory Committee Statement
No advisory committees within the meaning of section 5(b)
of the Federal Advisory Committee Act are created by this
legislation, as amended.
Applicability of Legislative Branch
The Committee finds that the legislation, as amended, does
not relate to the terms and conditions of employment or access
to public services or accommodations within the meaning of
section 102(b)(3) of the Congressional Accountability Act
(Public Law 104-1).
Section-by-Section Analysis of Legislation
Section 1. Short title; table of contents; references
This section designates the short title of this bill as the
``RESPONSE Act of 2016.''
Section 2. Railroad Emergency Services Preparedness, Operational Needs,
and Safety Evaluation Subcommittee
This section establishes a Railroad Emergency Services
Preparedness, Operational Needs, and Safety Evaluation
(RESPONSE) Subcommittee (Subcommittee) under FEMA's National
Advisory Council (NAC) to evaluate and provide recommendations
on the adequacy of emergency responder training related to
hazardous materials incidents involving railroads.
Subcommittee membership includes the Deputy Administrator
on Protection and National Preparedness of FEMA; the Chief
Safety Officer of the Pipeline and Hazardous Materials Safety
Administration (PHMSA); the Associate Administrator for
Hazardous Materials Safety of PHMSA; the Director of the Office
of Emergency Communications of the Department of Homeland
Security; the Director for the Office of Railroad, Pipeline and
Hazardous Materials Investigations of the National
Transportation Safety Board; the Chief Safety Officer and
Associate Administrator for Railroad Safety of the Federal
Railroad Administration; the Assistant for Security Policy and
Industry Engagement of the Transportation Security
Administration; the Assistant Commandant for Response Policy of
the Coast Guard; and, the Assistant Administrator for the
Office of Solid Waste and Emergency Response of the
Environmental Protection Agency. Members of the National
Advisory Council that have the requisite technical knowledge
and expertise to address rail emergency response issues,
including emergency management and emergency response
providers, as well as state, local and tribal government
officials may be appointed to the Subcommittee as well.
Additionally, this section requires that the Subcommittee
include at least one representative from the rail industry,
rail labor, persons who offer oil for transportation by rail,
the communications industry, emergency responders, emergency
response training providers, representatives from tribal
organizations, technical experts, and vendors, developers, and
manufacturers of systems, equipment, and capabilities for
emergency first responder services, and other stakeholders
determined appropriate.
FEMA's Deputy Administrator for Protection and National
Preparedness and PHMSA's Chief Safety Officer serve as co-
chairs of the Subcommittee.
This section also requires that the Subcommittee's initial
meeting take place no later than 90 days after the enactment of
the RESPONSE Act of 2016. The Subcommittee is directed to
consult with other relevant agencies and groups, including
entities engaged in federally funded research and academic
institutions engaged in relevant work and research, which are
not represented on the RESPONSE Subcommittee.
This section requires the Subcommittee to develop
recommendations for improving emergency responder training and
resource allocation for hazardous materials incidents involving
railroads after evaluating the quality and application of
training for State and local emergency responders related to
rail hazardous materials incidents, including training for
emergency responders service small communities near railroads;
modernizing training course content related to rail hazardous
material incidents; identifying overlap in training content;
identifying opportunities to develop complementary courses and
materials; improving the availability and effectiveness of
Federal, State, local, and nongovernmental funding levels
related to training emergency responders for rail hazardous
materials incidents; and, developing a strategy for integrating
commodity flow studies, mapping, and rail and hazardous
materials databases for State and local emergency responders.
This section requires the Subcommittee, not later than 1
year after the date of enactment of the RESPONSE Act, to submit
a report to the NAC that includes the recommendations developed
pursuant to the Act; specifies the timeframe for implementing
any such recommendations that do not require congressional
action; and, identifies any such recommendations that require
congressional action.
Not later than 30 days after receiving the report, the NAC
must begin a review of the report. Once the NAC approves the
recommendations of the RESPONSE Subcommittee, the NAC must
submit the report to the co-chairpersons of the RESPONSE
Subcommittee, the head of each agency represented on the
RESPONSE Subcommittee, the Committee on Homeland Security and
Governmental Affairs of the Senate, the Committee on Commerce,
Science and Transportation of the Senate, the Committee on
Homeland Security of the House of Representatives, and the
Committee on Transportation and Infrastructure of the House of
Representatives. The FEMA Administrator must provide annual
updates to the congressional committees referred to above as
well as coordinate the implementation of the recommendations.
The Subcommittee will terminate 90 days after submission of the
final report to the NAC (total duration: 1 year, 90 days).
Changes in Existing Law Made by the Bill, as Reported
In compliance with clause 3(e) of rule XIII of the Rules of
the House of Representatives, changes in existing law made by
the bill, as reported, are shown as follows (existing law
proposed to be omitted is enclosed in black brackets, new
matter is printed in italics, and existing law in which no
change is proposed is shown in roman):
HOMELAND SECURITY ACT OF 2002
* * * * * * *
TITLE V--NATIONAL EMERGENCY MANAGEMENT
* * * * * * *
SEC. 508. NATIONAL ADVISORY COUNCIL.
(a) Establishment.--Not later than 60 days after the date of
enactment of the Post-Katrina Emergency Management Reform Act
of 2006, the Secretary shall establish an advisory body under
section 871(a) to ensure effective and ongoing coordination of
Federal preparedness, protection, response, recovery, and
mitigation for natural disasters, acts of terrorism, and other
man-made disasters, to be known as the National Advisory
Council.
(b) Responsibilities.--
(1) In general.-- The National Advisory Council shall
advise the Administrator on all aspects of emergency
management. The National Advisory Council shall
incorporate State, local, and tribal government and
private sector input in the development and revision of
the national preparedness goal, the national
preparedness system, the National Incident Management
System, the National Response Plan, and other related
plans and strategies.
(2) Consultation on grants.-- To ensure input from
and coordination with State, local, and tribal
governments and emergency response providers, the
Administrator shall regularly consult and work with the
National Advisory Council on the administration and
assessment of grant programs administered by the
Department, including with respect to the development
of program guidance and the development and evaluation
of risk-assessment methodologies, as appropriate.
(c) Membership.--
(1) In general.-- The members of the National
Advisory Council shall be appointed by the
Administrator, and shall, to the extent practicable,
represent a geographic (including urban and rural) and
substantive cross section of officials, emergency
managers, and emergency response providers from State,
local, and tribal governments, the private sector, and
nongovernmental organizations, including as
appropriate--
(A) members selected from the emergency
management field and emergency response
providers, including fire service, law
enforcement, hazardous materials response,
emergency medical services, and emergency
management personnel, or organizations
representing such individuals;
(B) health scientists, emergency and
inpatient medical providers, and public health
professionals;
(C) experts from Federal, State, local, and
tribal governments, and the private sector,
representing standards-setting and accrediting
organizations, including representatives from
the voluntary consensus codes and standards
development community, particularly those with
expertise in the emergency preparedness and
response field;
(D) State, local, and tribal government
officials with expertise in preparedness,
protection, response, recovery, and mitigation,
including Adjutants General;
(E) elected State, local, and tribal
government executives;
(F) experts in public and private sector
infrastructure protection, cybersecurity, and
communications;
(G) representatives of individuals with
disabilities and other populations with special
needs; and
(H) such other individuals as the
Administrator determines to be appropriate.
(2) Coordination with the departments of health and
human services and transportation.-- In the selection
of members of the National Advisory Council who are
health or emergency medical services professionals, the
Administrator shall work with the Secretary of Health
and Human Services and the Secretary of Transportation.
(3) Ex officio members.-- The Administrator shall
designate 1 or more officers of the Federal Government
to serve as ex officio members of the National Advisory
Council.
(4) Terms of office.--
(A) In general.-- Except as provided in
subparagraph (B), the term of office of each
member of the National Advisory Council shall
be 3 years.
(B) Initial appointments.-- Of the members
initially appointed to the National Advisory
Council--
(i) one-third shall be appointed for
a term of 1 year; and
(ii) one-third shall be appointed for
a term of 2 years.
(d) RESPONSE Subcommittee.--
(1) Establishment.-- Not later than 30 days after the
date of the enactment of the RESPONSE Act of 2016, the
Administrator shall establish, as a subcommittee of the
National Advisory Council, the Railroad Emergency
Services Preparedness, Operational Needs, and Safety
Evaluation Subcommittee (referred to in this subsection
as the ``RESPONSE Subcommittee'').
(2) Membership.-- Notwithstanding subsection (c), the
RESPONSE Subcommittee shall be composed of the
following:
(A) The Deputy Administrator, Protection and
National Preparedness of the Federal Emergency
Management Agency, or designee.
(B) The Chief Safety Officer of the Pipeline
and Hazardous Materials Safety Administration,
or designee.
(C) The Associate Administrator for Hazardous
Materials Safety of the Pipeline and Hazardous
Materials Safety Administration, or designee.
(D) The Director of the Office of Emergency
Communications of the Department of Homeland
Security, or designee.
(E) The Director for the Office of Railroad,
Pipeline and Hazardous Materials Investigations
of the National Transportation Safety Board, or
designee.
(F) The Chief Safety Officer and Associate
Administrator for Railroad Safety of the
Federal Railroad Administration, or designee.
(G) The Assistant Administrator for Security
Policy and Industry Engagement of the
Transportation Security Administration, or
designee.
(H) The Assistant Commandant for Response
Policy of the Coast Guard, or designee.
(I) The Assistant Administrator for the
Office of Solid Waste and Emergency Response of
the Environmental Protection Agency, or
designee.
(J) Such other qualified individuals as the
co-chairpersons shall jointly appoint as soon
as practicable after the date of the enactment
of the RESPONSE Act of 2016 from among the
following:
(i) Members of the National Advisory
Council that have the requisite
technical knowledge and expertise to
address rail emergency response issues,
including members from the following
disciplines:
(I) Emergency management and
emergency response providers,
including fire service, law
enforcement, hazardous
materials response, and
emergency medical services.
(II) State, local, and tribal
government officials.
(ii) Individuals who have the
requisite technical knowledge and
expertise to serve on the RESPONSE
Subcommittee, including at least 1
representative from each of the
following:
(I) The rail industry.
(II) Rail labor
(III) Persons who offer oil
for transportation by rail.
(IV) The communications
industry.
(V) Emergency response
providers, including
individuals nominated by
national organizations
representing State and local
governments and emergency
responders.
(VI) Emergency response
training providers.
(VII) Representatives from
tribal organizations.
(VIII) Technical experts.
(IX) Vendors, developers, and
manufacturers of systems,
facilities, equipment, and
capabilities for emergency
responder services.
(iii) Representatives of such other
stakeholders and interested and
affected parties as the co-chairpersons
consider appropriate.
(3) Co-chairpersons.-- The members described in
subparagraphs (A) and (B) of paragraph (2) shall serve
as the co-chairpersons of the RESPONSE Subcommittee.
(4) Initial meeting.-- The initial meeting of the
RESPONSE Subcommittee shall take place not later than
90 days after the date of enactment of the RESPONSE Act
of 2016.
(5) Consultation with nonmembers.-- The RESPONSE
Subcommittee and the program offices for emergency
responder training and resources shall consult with
other relevant agencies and groups, including entities
engaged in federally funded research and academic
institutions engaged in relevant work and research,
which are not represented on the RESPONSE Subcommittee
to consider new and developing technologies and methods
that may be beneficial to preparedness and response to
rail hazardous materials incidents.
(6) Recommendations.-- The RESPONSE Subcommittee
shall develop recommendations, as appropriate, for
improving emergency responder training and resource
allocation for hazardous materials incidents involving
railroads after evaluating the following topics:
(A) The quality and application of training
for State and local emergency responders
related to rail hazardous materials incidents,
including training for emergency responders
serving small communities near railroads,
including the following:
(i) Ease of access to relevant
training for State and local emergency
responders, including an analysis of--
(I) the number of individuals
being trained;
(II) the number of
individuals who are applying;
(III) whether current demand
is being met;
(IV) current challenges; and
(V) projected needs.
(ii) Modernization of training course
content related to rail hazardous
materials incidents, with a particular
focus on fluctuations in oil shipments
by rail, including regular and ongoing
evaluation of course opportunities,
adaptation to emerging trends, agency
and private sector outreach,
effectiveness and ease of access for
State and local emergency responders.
(iii) Identification of overlap in
training content and identification of
opportunities to develop complementary
courses and materials among
governmental and nongovernmental
entities.
(iv) Online training platforms,
train-the-trainer, and mobile training
options.
(B) The availability and effectiveness of
Federal, State, local, and nongovernmental
funding levels related to training emergency
responders for rail hazardous materials
incidents, including emergency responders
serving small communities near railroads,
including--
(i) identifying overlap in resource
allocations;
(ii) identifying cost savings
measures that can be implemented to
increase training opportunities;
(iii) leveraging government funding
with nongovernmental funding to enhance
training opportunities and fill
existing training gaps;
(iv) adaptation of priority settings
for agency funding allocations in
response to emerging trends;
(v) historic levels of funding across
Federal agencies for rail hazardous
materials incident response and
training, including funding provided by
the private sector to public entities
or in conjunction with Federal
programs; and
(vi) current funding resources across
agencies.
(C) The strategy for integrating commodity
flow studies, mapping, and rail and hazardous
materials databases for State and local
emergency responders and increasing the rate of
access to the individual responder in existing
or emerging communications technology.
(7) Report.--
(A) In general.-- Not later than 1 year after
the date of the enactment of the RESPONSE Act
of 2016, the RESPONSE Subcommittee shall submit
a report to the National Advisory Council
that--
(i) includes the recommendations
developed under paragraph (6);
(ii) specifies the timeframes for
implementing any such recommendations
that do not require congressional
action; and
(iii) identifies any such
recommendations that do require
congressional action.
(B) Review.-- Not later than 30 days after
receiving the report under subparagraph (A),
the National Advisory Council shall begin a
review of the report. The National Advisory
Council may ask for additional clarification,
changes, or other information from the RESPONSE
Subcommittee to assist in the approval of the
recommendations.
(C) Recommendation.-- Once the National
Advisory Council approves the recommendations
of the RESPONSE Subcommittee, the National
Advisory Council shall submit the report to--
(i) the co-chairpersons of the
RESPONSE Subcommittee;
(ii) the head of each other agency
represented on the RESPONSE
Subcommittee;
(iii) the Committee on Homeland
Security and Governmental Affairs of
the Senate;
(iv) the Committee on Commerce,
Science, and Transportation of the
Senate;
(v) the Committee on Homeland
Security of the House of
Representatives; and
(vi) the Committee on Transportation
and Infrastructure of the House of
Representatives.
(8) Interim activity.--
(A) Updates and oversight.-- After the
submission of the report by the National
Advisory Council under paragraph (7), the
Administrator shall--
(i) provide annual updates to the
congressional committees referred to in
paragraph (7)(C) regarding the status
of the implementation of the
recommendations developed under
paragraph (6); and
(ii) coordinate the implementation of
the recommendations described in
paragraph (6)(G)(i), as appropriate.
(B) Sunset.-- The requirements of
subparagraph (A) shall terminate on the date
that is 2 years after the date of the
submission of the report required under
paragraph (7)(A).
(9) Termination.-- The RESPONSE Subcommittee shall
terminate not later than 90 days after the submission
of the report required under paragraph (7)(C).
[(d)] (e) Applicability of Federal Advisory Committee Act.--
(1) In general.-- Notwithstanding section 871(a) and
subject to paragraph (2), the Federal Advisory
Committee Act (5 U.S.C. App.), including subsections
(a), (b), and (d) of section 10 of such Act, and
section 552b(c) of title 5, United States Code, shall
apply to the National Advisory Council.
(2) Termination.-- Section 14(a)(2) of the Federal
Advisory Committee Act (5 U.S.C. App.) shall not apply
to the National Advisory Council.
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