S. 546 — what changed

changed This Act may be cited as the “RESPONSE Act of 2015”.2016”.

Section 508 of the Homeland Security Act of 2002 (6 U.S.C. 318) is amended—

“(d) RESPONSE Subcommittee

changed “(1) Establishment—Not later than 30 days after the date of the enactment of the RESPONSE Act of 2015, 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:

changed “(A) The Deputy Administrator for Administrator, Protection and National Preparedness of the Federal Emergency Management Agency, or designee.

changed “(B) The Director of the Office of Emergency Communications Associate Administrator for Hazardous Materials Safety of the Department of Homeland Security, Pipeline and Hazardous Materials Safety Administration, or designee.

changed “(C) The Director for of the Office of Railroad, Pipeline and Hazardous Materials Investigations Emergency Communications of the National Transportation Safety Board, Department of Homeland Security, or designee, only in an advisory capacity.designee.

changed “(D) The Associate Administrator Director for Railroad Safety the Office of Railroad, Pipeline and Hazardous Materials Investigations of the Federal Railroad Administration, National Transportation Safety Board, or designee.designee, only in an advisory capacity.

changed “(E) The Assistant Chief Safety Officer and Associate Administrator for Security Policy and Industry Engagement Railroad Safety of the Transportation Security Federal Railroad Administration, or designee.

changed “(F) The Assistant Commandant Administrator for Response Security Policy and Industry Engagement of the Coast Guard, Transportation Security Administration, or designee.

changed “(G) The Assistant Administrator Commandant for the Office of Solid Waste and Emergency Response Policy of the Environmental Protection Agency, Coast Guard, or designee.

changed “(H) The Associate Assistant Administrator for Hazardous Materials Safety of the Pipeline Office of Solid Waste and Hazardous Materials Safety Administration, Emergency Response of the Environmental Protection Agency, or designee.

“(I) The Chief Safety Officer and Assistant Administrator of the Federal Motor Carrier Safety Administration, or designee.

changed “(J) Such other qualified individuals as the Administrator co-chairpersons shall jointly appoint as soon as practicable after the date of the enactment of the RESPONSE Act of 2015 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.

changed “(II) State, local, and tribal government officials with expertise in preparedness, protection, response, recovery, and mitigation, officials, including Adjutants General.

changed “(III) Elected State, local, “(ii) Individuals who have the requisite technical knowledge and tribal government executives.expertise to serve on the RESPONSE Subcommittee, including at least 1 representative from each of the following:

changed “(IV) Such other individuals as the Administrator determines to be appropriate.“(I) The rail industry.

changed “(ii) Individuals who have the requisite technical knowledge and expertise to serve on the RESPONSE Subcommittee, including representatives of—“(II) The oil industry.

changed “(I) the rail industry;“(III) The communications industry.

changed “(II) the oil industry;“(IV) Emergency response providers, including individuals nominated by national organizations representing local governments and personnel.

changed “(III) the communications industry;“(V) Emergency response training providers.

changed “(IV) emergency response providers, including individuals nominated by “(VI) Representatives from national organizations representing local governments and personnel;Indian organizations.

changed “(V) representatives from national Indian organizations;“(VII) Technical experts.

changed “(VI) technical experts; and“(VIII) Vendors, developers, and manufacturers of systems, facilities, equipment, and capabilities for emergency first responder services.

changed “(VII) vendors, developers, and manufacturers “(iii) Representatives of systems, facilities, equipment, such other stakeholders and capabilities for emergency responder services.interested and affected parties as the co-chairpersons consider appropriate.

changed “(iii) Representatives of such other stakeholders and interested “(3) Co-chairpersons—The members described in subparagraphs (A) and affected parties (B) of paragraph (2) shall serve as the Administrator considers appropriate.co-chairpersons of the RESPONSE Subcommittee.

removed “(3) Chairperson—The Deputy Administrator for Protection and National Preparedness shall serve as the Chairperson of the RESPONSE Subcommittee, or designee.

“(4) Meetings

added “(A) Initial meeting—The initial meeting of the RESPONSE Subcommittee shall take place not later than 90 days after the date of the enactment of the RESPONSE Act of 2016.

changed “(A) Initial meeting—The “(B) Other meetings—After the initial meeting of meeting, the RESPONSE Subcommittee shall take place not later than 90 days after meet at least twice annually, with at least 1 meeting conducted in person during the date of first year, at the enactment call of the RESPONSE Act of 2015.co-chairpersons.

changed “(B) Other meetings—After the initial meeting, the “(5) Consultation with nonmembers—The RESPONSE Subcommittee and the program offices for emergency first responder training and resources shall meet at least twice annually, consult with at least 1 meeting conducted other relevant agencies and groups, including entities engaged in person during the first year, at the call of federally funded research and academic institutions engaged in relevant work and research, which are not represented on the Chairperson.RESPONSE Subcommittee to consider new and developing technologies and methods that may be beneficial to preparedness and response to rail hazardous materials incidents.

changed “(5) Consultation with nonmembers—The “(6) Recommendations—The RESPONSE Subcommittee and the program offices shall develop recommendations, as appropriate, for improving emergency first 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 resource allocation for hazardous materials incidents involving railroads after evaluating the RESPONSE Subcommittee to consider new and developing technologies and methods that may be beneficial to preparedness and response to rail incidents.following topics:

changed “(6) Recommendations—The RESPONSE Subcommittee shall evaluate the following topics “(A) The quality and develop recommendations, as appropriate, for improving emergency responder application of training and resource allocation for local emergency first responders related to rail hazardous materials incidents involving railroads:incidents, with a particular focus on local emergency first responders and small communities near railroads, including the following:

removed “(A) Quality and application of training for local emergency first responders related to rail hazardous materials incidents, with a particular focus on local emergency responders and small communities near railroads, including the following:

“(i) Ease of access to relevant training for local emergency first 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.

added “(ii) Modernization of training course content related to rail hazardous materials incidents, with a particular focus on fluctuations in oil shipments by rail.

changed “(ii) Modernization “(iii) Avoiding overlap of course training content related across agencies and the private sector to provide complementary opportunities for rail hazardous materials incidents, with a particular focus on response to incidents courses and materials, including the exponential rise in oil shipments by rail.following:

changed “(iii) Training “(I) Promoting integrated course content across agencies and the private sector to provide complementary opportunities for rail hazardous materials incidents courses and materials to avoid overlap, including the following:through public-private partnerships.

changed “(I) Overlap “(II) Regular and ongoing evaluation of course content among agencies.opportunities, adaptation to emerging trends, agency and private sector outreach, effectiveness and ease of access for local emergency first responders.

removed “(II) Integrated course content through public-private partnerships.

removed “(III) Regular and ongoing evaluation of course opportunities, adaptation to emerging trends, agency and private sector outreach, effectiveness and ease of access for local emergency responders.

“(iv) Online training platforms, train-the-trainer and mobile training options.

added “(B) The effectiveness of funding levels related to training local emergency first responders for rail hazardous materials incidents, with a particular focus on local emergency first responders and small communities near railroads, including the following:

removed “(B) Effectiveness of funding levels related to training local emergency responders for rail hazardous materials incidents, with a particular focus on local emergency responders and small communities, including the following:

“(i) Minimizing overlap in resource allocation among agencies.

“(ii) Minimizing overlap in resource allocation among agencies and private sector.

“(iii) Maximizing public-private partnerships where funding gaps exists for specific training or cost-saving measures can be implemented to increase training opportunities.

“(iv) Adaptation of priority settings for agency funding allocations in response to emerging trends.

added “(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.

removed “(v) Historic levels of funding across agencies and private sector for rail hazardous materials incidents.

“(vi) Current funding resources across agencies.

added “(C) The strategy for integrating commodity flow studies, mapping, rail and hazardous materials databases and other relevant data for local emergency first responders and increasing the rate of access to the individual responder in existing or emerging communications technology.

removed “(C) Strategy for integration of commodity flow studies, mapping, and access platforms for local emergency responders and how to increase the rate of access to the individual responder in existing or emerging communications technology.

removed “(D) The need for emergency response plans for rail, similar to existing law related to maritime and stationary facility emergency response plans for hazardous materials, including the following:

removed “(i) The requirements of such emergency plans on each train and the format and availability of such emergency plans to emergency responders in communities through which the materials travel.

removed “(ii) How the industry would implement such plans.

removed “(iii) The thresholds that require emergency plans for each train related to hazardous materials in its cargo.

removed “(iv) Gaps in existing regulations across agencies.

removed “(E) The need for a rail hazardous materials incident database, including the following:

removed “(i) An assessment of the appropriate entity to host the database.

removed “(ii) A definition of “rail hazardous materials incident” that would constitute the level of reporting from the industry.

removed “(iii) The projected cost of such a database and how that database would be maintained and enforced.

removed “(F) Increasing access to relevant, useful, and timely information for the local emergency responder for training purposes and in the event of a rail hazardous materials incident, including the following:

removed “(i) Existing information that the emergency responder can access, what the current rate of access and usefulness is for the emergency responder, and what current information should remain and what should be reassessed.

removed “(ii) Utilization of existing technology in the hands of the first responder to maximize delivery of useful and timely information for training purposes or in the event of an incident.

removed “(iii) Assessment of emerging communications technology that could assist the emergency responder in the event of an incident.

removed “(G) Determination of the most appropriate agencies and offices for the implementation of the recommendations, including—

removed “(i) recommendations that can be implemented without congressional action and appropriate timeframes for such actions; and

removed “(ii) recommendations that would require congressional action.

“(7) Report

added “(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—

added “(i) includes the recommendations developed under paragraph (6);

added “(ii) specifies the timeframes for implementing any such recommendations that do not require congressional action; and

added “(iii) identifies any such recommendations that do require congressional action.

added “(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.

added “(C) Recommendation—Once the National Advisory Council approves the recommendations of the RESPONSE Subcommittee, the National Advisory Council shall submit the report to—

added “(i) the co-chairpersons of the RESPONSE Subcommittee;

added “(ii) the head of each other agency represented on the RESPONSE Subcommittee;

removed “(A) In general—Not later than 1 year after the date of the enactment of the RESPONSE Act of 2015, the RESPONSE Subcommittee shall submit a report containing the recommendations developed under paragraph (6) to the National Advisory Council.

removed “(B) Review—The National Advisory Council shall take up the RESPONSE Subcommittee’s report within 30 days for review and deliberation. 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.

removed “(C) Recommendation—Once the National Advisory Council approves the recommendations from the RESPONSE Subcommittee, the National Advisory Council shall submit the report to—

removed “(i) the Administrator;

removed “(ii) the head of each agency represented on the RESPONSE Subcommittee;

“(iii) the Committee on Homeland Security and Governmental Affairs of the Senate;

added “(iv) the Committee on Commerce, Science, and Transportation of the Senate;

added “(v) the Committee on Homeland Security of the House of Representatives; and

added “(vi) the Committee on Transportation and Infrastructure of the House of Representatives.

removed “(iv) the Committee on Homeland Security of the House of Representatives; and

removed “(v) 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—

added “(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

added “(ii) coordinate the implementation of the recommendations described in paragraph (6)(G)(i), as appropriate.

added “(B) Additional reports—After submitting the report required under paragraph (7), the RESPONSE Subcommittee shall submit additional reports and recommendations in the same manner and to the same entities identified in paragraph (7) if needed or requested from Congress.

removed “(i) provide quarterly updates to the congressional committees referred to in paragraph (7) regarding the status of the implementation of the recommendations developed under paragraph (6); and

removed “(ii) coordinate the implementation of the recommendations described in paragraph (6)(G)(i).

removed “(B) Additional reports—After submitting the report required under paragraph (7), the RESPONSE Subcommittee shall submit additional reports and recommendations in the same manner and to the same entities identified in paragraph (7) if needed or requested from Congress or from the Administrator.

“(9) Termination

added “(A) In general—Except as provided in subparagraph (B), the RESPONSE Subcommittee shall terminate not later than 4 years after the date of the enactment of the RESPONSE Act of 2016.

added “(B) Extension—The Administrator may extend the duration of the RESPONSE Subcommittee for 1 additional year if the Administrator determines that an additional report and recommendations are needed from the RESPONSE Subcommittee after the termination date set forth in subparagraph (A).”

removed “(A) In general—Except as provided in subparagraph (B), the RESPONSE Subcommittee shall terminate not later than 4 years after the date of the enactment of the RESPONSE Act of 2015.

removed “(B) Extension—The Administrator may extend the duration of the RESPONSE Subcommittee, in 1-year increments, if the Administrator determines that additional reports and recommendations are needed from the RESPONSE Subcommittee after the termination date set forth in subparagraph (A).”