[Congressional Record Volume 162, Number 72 (Monday, May 9, 2016)]
[Senate]
[Pages S2630-S2632]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                           TEXT OF AMENDMENTS

  SA 3887. Mrs. FISCHER (for herself, Mr. Bennet, Mr. Gardner, Mr. 
Moran, Mr. Sasse, and Mr. Roberts) submitted an amendment intended to 
be

[[Page S2631]]

proposed by her to the bill H.R. 2028, making appropriations for energy 
and water development and related agencies for the fiscal year ending 
September 30, 2016, and for other purposes; which was ordered to lie on 
the table; as follows:

       At the end of title II, add the following:
       Sec. 2__.  None of the funds made available by this Act 
     that would be provided to the Bureau of Reclamation for 
     reservoir projects, operations, administration of water 
     rights, or other action in the Republican River Basin may be 
     used in a manner that does not comply with each applicable--
       (1) current resolution of the Republican River Compact 
     Administration, dated November 24, 2015, for accounting and 
     reservoir operations for 2016 and 2017; and
       (2) State order necessary to carry out that resolution.
                                 ______
                                 
  SA 3888. Mrs. FISCHER (for herself, Mr. Bennet, Mr. Gardner, Mr. 
Moran, Mr. Sasse, and Mr. Roberts) submitted an amendment intended to 
be proposed to amendment SA 3801 proposed by Mr. Alexander (for himself 
and Mrs. Feinstein) to the bill H.R. 2028, making appropriations for 
energy and water development and related agencies for the fiscal year 
ending September 30, 2016, and for other purposes; which was ordered to 
lie on the table; as follows:

       At the end of title II, add the following:
       Sec. 2__.  None of the funds made available by this Act 
     that would be provided to the Bureau of Reclamation for 
     reservoir projects, operations, administration of water 
     rights, or other action in the Republican River Basin may be 
     used in a manner that does not comply with each applicable--
       (1) current resolution of the Republican River Compact 
     Administration, dated November 24, 2015, for accounting and 
     reservoir operations for 2016 and 2017; and
       (2) State order necessary to carry out that resolution.
                                 ______
                                 
  SA 3889. Mr. ENZI (for Ms. Heitkamp) proposed an amendment to 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; 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 Associate Administrator for Hazardous Materials 
     Safety of the Pipeline and Hazardous Materials Safety 
     Administration, or designee.
       ``(C) The Director of the Office of Emergency 
     Communications of the Department of Homeland Security, or 
     designee.
       ``(D) 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.
       ``(E) The Chief Safety Officer and Associate Administrator 
     for Railroad Safety of the Federal Railroad Administration, 
     or designee.
       ``(F) The Assistant Administrator for Security Policy and 
     Industry Engagement of the Transportation Security 
     Administration, or designee.
       ``(G) The Assistant Commandant for Response Policy of the 
     Coast Guard, or designee.
       ``(H) The Assistant Administrator for the Office of Solid 
     Waste and 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.
       ``(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, 
     including Adjutants General.

       ``(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) The oil industry.
       ``(III) The communications industry.
       ``(IV) Emergency response providers, including individuals 
     nominated by national organizations representing local 
     governments and personnel.
       ``(V) Emergency response training providers.
       ``(VI) Representatives from national Indian organizations.
       ``(VII) Technical experts.
       ``(VIII) Vendors, developers, and manufacturers of systems, 
     facilities, equipment, and capabilities for emergency first 
     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) Meetings.--
       ``(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.
       ``(B) Other meetings.--After the initial meeting, the 
     RESPONSE Subcommittee shall meet at least twice annually, 
     with at least 1 meeting conducted in person during the first 
     year, at the call of the co-chairpersons.
       ``(5) Consultation with nonmembers.--The RESPONSE 
     Subcommittee and the program offices for 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 hazardous materials 
     incidents.
       ``(6) Recommendations.--The RESPONSE Subcommittee shall 
     develop recommendations, as appropriate, for improving 
     emergency first responder training and resource allocation 
     for hazardous materials incidents involving railroads after 
     evaluating the following topics:
       ``(A) The quality and application of training for local 
     emergency first responders related to rail hazardous 
     materials incidents, with a particular focus on local 
     emergency first 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.

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

       ``(I) Promoting integrated course content through public-
     private partnerships.
       ``(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.

       ``(iv) Online training platforms, train-the-trainer and 
     mobile training options.
       ``(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:
       ``(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 Federal agencies 
     for rail hazardous materials incident response and training, 
     including funding provided by the private sector to public

[[Page S2632]]

     entities or in conjunction with Federal programs.
       ``(vi) Current funding resources across agencies.
       ``(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.
       ``(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.
       ``(9) Termination.--
       ``(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.
       ``(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).''.

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