[Congressional Record Volume 161, Number 10 (Wednesday, January 21, 2015)]
[Senate]
[Pages S362-S363]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SA 96. Ms. HEITKAMP submitted an amendment to be proposed by her to
the bill S.1, supra; which was ordered to lie on the table, as follows:
At the appropriate place, insert the following:
SEC. __. STUDY ON RESOURCES REQUIRED TO ENSURE SAFE
TRANSPORTATION BY PIPELINE AND RAIL OF
PETROLEUM PRODUCTS.
(a) Study Required.--
(1) In general.--The Secretary of Transportation and the
Administrator of Pipeline and Hazardous Materials Safety
Administration (PHMSA) shall conduct a study on the resources
necessary to ensure the safe transportation of crude oil,
petroleum products, natural gas, natural gas liquids, and
related products, including by rail and pipeline. The study
shall focus on the following priorities:
(A) Ensuring the safe transportation of crude oil,
petroleum products, natural gas, natural gas liquids, and
related products by rail and pipeline.
(B) Ensuring PHMSA has the necessary personnel and other
resources, including access to new and emerging technologies,
to properly monitor and regulate the transportation of crude
oil, petroleum products, natural gas, natural gas liquids,
and related products by rail and pipeline.
(2) Scope.--The study required under this subsection shall
include the following elements:
(A) An examination of the current and projected resources
and personnel at the Department of Transportation and PHMSA
that are or will be dedicated to regulating, monitoring, and
ensuring the overall safe transportation of crude oil,
petroleum products, natural gas, natural gas liquids, and
related products by rail and pipeline.
(B) A determination of the appropriate manpower personnel,
resources, and funding requirements for all Department and
Administration elements that do or are expected to play a
significant role in regulating, monitoring, and ensuring the
overall safe transportation of crude oil, petroleum products,
natural gas, natural gas liquids, and related products by
rail and pipeline.
(C) An assessment and description of the personnel,
resources, and funding needs for each State, and a
description of the State, local, and tribal resources and
personnel that are dedicated to performing the tasks
described in subparagraph (B).
(D) The development and use of technology for each of the
Department and Administration elements involved in
regulating, monitoring, or otherwise ensuring the overall
safe transportation of crude oil, petroleum products, natural
gas, natural gas liquids, and related products by rail and
pipeline, including whether the elements need additional
technological assets and how best to acquire needed
additional technological assets.
(b) Report.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, and every 2 years thereafter, the
Secretary of Transportation and the PHMSA Administrator, in
conjunction with the heads of other Federal agencies, as
appropriate, shall submit to the appropriate congressional
committees a report on the study conducted under subsection
(a).
(2) Content.--The report required under paragraph (1) shall
include the following elements:
(A) The findings of the study conducted under subsection
(a).
(B) Input from other Federal agencies that have any
significant role in the safe transportation of crude oil,
petroleum products, natural gas, natural gas liquids, and
related products by rail and pipeline.
(C) A description of any impending changes to regulations
or policy that may have an effect on personnel, resources, or
funding or that would otherwise impact the ability of the
Department and the Administration to meet the basic standards
necessary to properly monitor and regulate the transportation
of crude oil, petroleum products, natural gas, natural gas
liquids, and related products by rail and pipeline.
(D) Recommendations for enhancing safety for the transport
of crude oil, petroleum products, natural gas, natural gas
liquids, and related products by rail and pipeline, and what
resources, personnel, and funding would be required to
implement such recommendations.
(E) An explanation of why the Department or the
Administration is not already implementing any of such
recommendations.
(F) Recommendations for additional legislation necessary to
implement recommendations contained in the report.
(c) Appropriate Congressional Committees Defined.--In this
section, the term ``appropriate congressional committees''
means--
(1) the Committee on Commerce, Science, and Transportation,
the Committee on Homeland Security and Governmental Affairs,
the Committee on Energy and Natural Resources, the Committee
on Finance, and the Committee on Appropriations of the
Senate; and
(2) the Committee on Energy and Commerce, the Committee on
Natural Resources, the Committee on Homeland Security, the
Committee on Ways and Means, and the Committee on
Appropriations of the House of Representatives.
SEC. __. RAILROAD AND PIPELINE 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 new
subsection:
``(d) Railroad and Pipeline Emergency Services
Preparedness, Operational Needs, and Safety Evaluation
Subcommittee.--
``(1) Establishment.--Not later than 30 days after the date
of the enactment of the Keystone XL Pipeline Approval Act,
the Administrator shall establish, as a subcommittee of the
National Advisory Council, the Railroad and Pipeline
Emergency Services Preparedness, Operational Needs, and
Safety Evaluation Subcommittee (referred to in this
subsection as the `Subcommittee').
``(2) Membership.--Notwithstanding subsection (c), the
Subcommittee shall be composed of the following:
``(A) The Deputy Administrator for Protection and National
Preparedness of the Federal Emergency Management Agency, or
designee.
``(B) The Director of the Office of Emergency
Communications of the Department of Homeland Security, or
designee.
``(C) The Director for the Office of Railroad, Pipeline and
Hazardous Materials Investigations of the National
Transportation Safety Board, or designee, only in an advisory
capacity.
``(D) The Associate Administrator for Railroad Safety of
the Federal Railroad Administration, or designee.
``(E) The Assistant Administrator for Security Policy and
Industry Engagement of the Transportation Security
Administration, or designee.
``(F) The Assistant Commandant for Response Policy of the
Coast Guard, or designee.
``(G) The Assistant Administrator for the Office of Solid
Waste and Emergency Response of the Environmental Protection
Agency, or designee.
``(H) The Associate Administrator for Hazardous Materials
Safety of the Pipeline and Hazardous Materials Safety
Administration, or designee.
``(I) The Chief Safety Officer and Assistant Administrator
of the Federal Motor Carrier Safety Administration, or
designee.
``(J) The Director of the Office of Energy Infrastructure
Security of the Federal Energy Regulatory Commission, or
designee.
``(K) Such other qualified individuals as the Administrator
shall appoint as soon as practicable after the date of the
enactment of the Keystone XL Pipeline Approval Act from among
the following:
``(i) Members of the National Advisory Council that have
the requisite technical knowledge and expertise to address
rail and pipeline 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 with
expertise in preparedness, protection, response, recovery,
and mitigation, including Adjutants General.
``(III) Elected State, local, and tribal government
executives.
``(IV) Such other individuals as the Administrator
determines to be appropriate.
``(ii) Individuals who have the requisite technical
knowledge and expertise to serve on the Subcommittee,
including representatives of--
``(I) the rail industry;
``(II) the pipeline industry;
``(III) the oil industry;
``(IV) the communications industry;
``(V) emergency response providers, including individuals
nominated by national organizations representing local
governments and personnel;
``(VI) representatives from national Indian organizations;
``(VII) technical experts; and
``(VIII) 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 Administrator
considers appropriate.
``(3) Chairperson.--The Deputy Administrator for Protection
and National Preparedness shall serve as the Chairperson of
the Subcommittee, or designee.
``(4) Meetings.--
``(A) Initial meeting.--The initial meeting of the
Subcommittee shall take place not later than 90 days after
the date of the enactment of the Keystone XL Pipeline
Approval Act.
[[Page S363]]
``(B) Other meetings.--After the initial meeting, the
Subcommittee shall meet at least twice annually, with at
least 1 meeting conducted in person during the first year, at
the call of the Chairperson.
``(5) Consultation with nonmembers.--The 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 Subcommittee
to consider new and developing technologies and methods that
may be beneficial to preparedness and response to rail and
pipeline incidents.
``(6) Recommendations.--The Subcommittee shall develop
recommendations, for improving emergency responder training
and resource allocation, including the following:
``(A) Quality and application of training for local
emergency first responders related to rail and pipeline
hazardous materials incidents, with a particular focus on
local emergency responders and small communities near
railroads and pipelines, 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.
``(ii) Modernization of course content related to rail and
pipeline hazardous materials incidents, with a particular
focus on response to the exponential rise in oil shipments by
rail.
``(iii) Training content across agencies and the private
sector to provide complementary opportunities for rail and
pipeline hazardous materials incidents courses and materials
to avoid overlap, including the following:
``(I) Overlap of course content among agencies.
``(II) The need for integrated course content through
public-private partnerships.
``(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.
``(B) Effectiveness of funding levels related to training
local emergency responders for rail and pipeline 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.
``(v) Historic levels of funding across agencies and
private sector for rail and pipeline hazardous materials
incidents.
``(vi) Current funding resources across agencies for rail
and pipeline hazardous materials incidents.
``(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.
``(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:
``(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.
``(ii) How the industry would implement such plans.
``(iii) The thresholds that require emergency plans for
each train related to hazardous materials in its cargo.
``(iv) Gaps in existing regulations across agencies.
``(E) The need for a rail and pipeline hazardous materials
incident database, including the following:
``(i) An assessment of the appropriate entity to host the
database.
``(ii) A definition of `rail hazardous materials incident'
and `pipeline hazardous materials incident' that would
constitute the level of reporting from the industry.
``(iii) The projected cost of such a database and how that
database would be maintained and enforced.
``(F) Increasing access to relevant, useful, and timely
information for the local emergency responder for training
purposes and in the event of a rail or pipeline hazardous
materials incident, including the following:
``(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.
``(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.
``(iii) Assessment of emerging communications technology
that could assist the emergency responder in the event of an
incident.
``(G) Determination of the most appropriate agencies and
offices for the implementation of the recommendations,
including--
``(i) recommendations that can be implemented without
congressional action and appropriate time frames for such
actions; and
``(ii) recommendations that would require congressional
action.
``(7) Report.--
``(A) In general.--Not later than 1 year after the date of
the enactment of the Keystone XL Pipeline Approval Act, the
Subcommittee shall submit a report containing the
recommendations developed under paragraph (6) to the National
Advisory Council.
``(B) Review.--The National Advisory Council shall take up
the 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 Subcommittee to assist in the approval of the
recommendations.
``(C) Recommendation.--Once the National Advisory Council
approves the recommendations from the Subcommittee, the
National Advisory Council shall submit the report to--
``(i) the Administrator;
``(ii) the head of each agency represented on the
Subcommittee;
``(iii) the Committee on Homeland Security and Governmental
Affairs of the Senate;
``(iv) the Committee on Homeland Security of the House of
Representatives;
``(v) the Committee on Transportation and Infrastructure of
the House of Representatives; and
``(vi) the Committees on Appropriations of the Senate and
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 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
``(ii) coordinate the implementation of the recommendations
described in paragraph (6)(G)(i).
``(B) Additional reports.--After submitting the report
required under paragraph (7), the 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.--
``(A) In general.--Except as provided in subparagraph (B),
the Subcommittee shall terminate not later than 4 years after
the date of the enactment of the Keystone XL Pipeline
Approval Act.
``(B) Extension.--The Administrator may extend the duration
of the Subcommittee, in 1-year increments, if the
Administrator determines that additional reports and
recommendations are needed from the Subcommittee after the
termination date set forth in subparagraph (A).''.
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