S. 546 — what changed

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

“(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.

changed “(B) The Associate Administrator for Hazardous Materials Chief Safety Officer of the Pipeline and Hazardous Materials Safety Administration, or designee.

changed “(C) 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 “(D) 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 “(E) The Chief Safety Officer and 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.

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

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

changed “(I) The Chief Safety Officer and Assistant Administrator for the Office of Solid Waste and Emergency Response of the Federal Motor Carrier Safety Administration, 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.

changed “(II) State, local, and tribal government officials, including Adjutants General.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.

changed “(II) The oil industry.Rail labor

changed “(III) The communications industry.Persons who offer oil for transportation by rail.

changed “(IV) Emergency response providers, including individuals nominated by national organizations representing local governments and personnel.The communications industry.

changed “(V) Emergency response training providers.providers, including individuals nominated by national organizations representing State and local governments and emergency responders.

changed “(VI) Representatives from national Indian organizations.Emergency response training providers.

changed “(VII) Technical experts.Representatives from tribal organizations.

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

added “(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.

removed “(4) Meetings

changed “(A) “(4) 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 “(B) Other meetings—After the initial meeting, the “(5) Consultation with nonmembers—The RESPONSE Subcommittee and the program offices for emergency 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 co-chairpersons.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 the RESPONSE Subcommittee to consider new and developing technologies and methods that may be beneficial to preparedness and response to rail resource allocation for hazardous materials incidents.incidents involving railroads after evaluating the following topics:

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

changed “(A) The quality and application “(i) Ease of access to relevant training for local emergency first responders related to rail hazardous materials incidents, with a particular focus on State and local emergency first responders and small communities near railroads, responders, including the following:an analysis of—

removed “(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, 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.

changed “(ii) Modernization “(iii) Identification of overlap in training course content related and identification of opportunities to rail hazardous develop complementary courses and materials incidents, with a particular focus on fluctuations in oil shipments by rail.among governmental and nongovernmental entities.

changed “(iii) Avoiding overlap of “(iv) Online training content across agencies and the private sector to provide complementary opportunities for rail hazardous materials incidents courses platforms, train-the-trainer, and materials, including the following:mobile training options.

changed “(I) Promoting integrated course content through public-private partnerships.“(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—

changed “(II) Regular and ongoing evaluation of course opportunities, adaptation to emerging trends, agency and private sector outreach, effectiveness and ease of access for local emergency first responders.“(i) identifying overlap in resource allocations;

changed “(iv) Online training platforms, train-the-trainer and mobile “(ii) identifying cost savings measures that can be implemented to increase training options.opportunities;

changed “(B) The effectiveness of “(iii) leveraging government funding levels related with nongovernmental funding to enhance training local emergency first responders for rail hazardous materials incidents, with a particular focus on local emergency first responders opportunities and small communities near railroads, including the following:fill existing training gaps;

changed “(i) Minimizing overlap “(iv) adaptation of priority settings for agency funding allocations in resource allocation among agencies.response to emerging trends;

changed “(ii) Minimizing overlap in resource allocation among “(v) historic levels of funding across Federal agencies for rail hazardous materials incident response and training, including funding provided by the private sector.sector to public entities or in conjunction with Federal programs; and

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

changed “(iv) Adaptation of priority settings “(C) The strategy for agency funding allocations in response 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 trends.communications technology.

removed “(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 “(vi) Current funding resources across agencies.

removed “(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.

“(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.

added “(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).

added “(9) Termination—The RESPONSE Subcommittee shall terminate not later than 90 days after the submission of the report required under paragraph (7)(C).”

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.

removed “(9) Termination

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 2016.

removed “(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).”