[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[S. 546 Enrolled Bill (ENR)]

        S.546

                     One Hundred Fourteenth Congress

                                 of the

                        United States of America


                          AT THE SECOND SESSION

           Begun and held at the City of Washington on Monday,
           the fourth day of January, two thousand and sixteen


                                 An Act


 
   An Act 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.

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

                               Speaker of the House of Representatives.

                            Vice President of the United States and    
                                               President of the Senate.