[House Report 114-808]
[From the U.S. Government Publishing Office]


114th Congress     }                                    {       Report
                        HOUSE OF REPRESENTATIVES
 2d Session        }                                    {      114-808

======================================================================



 
                          RESPONSE ACT OF 2016

                                _______
                                

 November 14, 2016.--Committed to the Committee of the Whole House on 
            the State of the Union and ordered to be printed

                                _______
                                

 Mr. Shuster, from the Committee on Transportation and Infrastructure, 
                        submitted the following

                              R E P O R T

                         [To accompany S. 546]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Transportation and Infrastructure, to whom 
was referred 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, having considered the same, report 
favorably thereon with an amendment and recommend that the bill 
as amended do pass.

                                CONTENTS

                                                                   Page
Purpose of Legislation...........................................     4
Background and Need for Legislation..............................     4
Hearings.........................................................     5
Legislative History and Consideration............................     5
Committee Votes..................................................     6
Committee Oversight Findings.....................................     6
New Budget Authority and Tax Expenditures........................     6
Congressional Budget Office Cost Estimate........................     6
Performance Goals and Objectives.................................     7
Advisory of Earmarks.............................................     7
Duplication of Federal Programs..................................     7
Disclosure of Directed Rule Makings..............................     8
Federal Mandate Statement........................................     8
Preemption Clarification.........................................     8
Advisory Committee Statement.....................................     8
Applicability of Legislative Branch..............................     8
Section-by-Section Analysis of Legislation.......................     8
Changes in Existing Law Made by the Bill, as Reported............    10

    The amendment is 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 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).''.

                         Purpose of Legislation

    S. 546, the ``RESPONSE Act of 2016'', as amended, 
establishes the Railroad Emergency Services Preparedness, 
Operational Needs, and Safety Evaluation Subcommittee under the 
Federal Emergency Management Agency's (FEMA) National Advisory 
Council to provide recommendations regarding emergency 
responder training related to hazardous materials incidents 
involving railroads.

                  Background and Need for Legislation

    According to the Federal Railroad Administration (FRA), the 
volume of crude oil carried by rail increased 423 percent 
between 2011 and 2012. In 2013, the number of rail carloads of 
crude oil approached 400,000, reached approximately 450,000 
carloads in 2014, and dropped to approximately 390,000 
railroads in 2015, compared to just 9,500 carloads in 2008. 
Increased crude oil transportation by rail can increase the 
potential risks of derailments and accidents. In order to 
ensure the safety of communities around the country, there is a 
need to ensure that emergency responders receive the best 
training and coordination to properly respond to hazmat 
incidents on the national rail system.
    Smaller, local communities, in particular, often lack the 
resources and capability to train emergency responders, 
however, local communities often find themselves responding to 
incidents before state and federal entities are able to arrive 
on the scene of an accident. The actions of emergency 
responders in these local communities are crucial in the 
initial hours of a derailment or accident, and responders must 
be properly trained and prepared to handle hazmat incidents.
    Despite most recent trends, movements of crude by rail are 
still well above 2008 rates, meaning many smaller, local 
communities are seeing an increase of trains carrying hazardous 
materials. Small communities can see as many as 9 trains a day, 
with each train having as many as 100 linked crude oil tank 
cars. In order to mitigate the risks to local communities in 
the event of a derailment or spill, emergency responders must 
be provided with proper training and resources.
    The RESPONSE Act of 2016 establishes a temporary 
subcommittee under FEMA's National Advisory Council to address 
issues related to emergency responder training. The RESPONSE 
Subcommittee is comprised of individuals from the public and 
private sector, agencies, emergency responders, and technical 
experts. The Subcommittee will review training, resources, best 
practices, and unmet needs related to emergency responders to 
railroad hazardous materials incidents.
    The RESPONSE Subcommittee is tasked with evaluating and 
providing recommendations on the quality and application of 
training for local emergency responders related to rail 
hazardous materials incidents; modernizing training course 
content related to rail hazardous material incidents; 
identifying any overlap in training content and opportunities 
to develop complementary courses and materials; determining the 
effectiveness of funding levels for training emergency 
responders; and developing a strategy for integration of 
commodity flow studies.

                                Hearings

    There were no hearings related to this legislation in the 
House.

                 Legislative History and Consideration

    On February 24, 2015, Senate Subcommittee on Regulatory 
Affairs and Federal Management Ranking Member Heitkamp 
introduced S. 546, the RESPONSE Act. A companion bill, H.R. 
1043, was introduced by Congressman Ron Kind on the same date. 
On July 21, 2015, the Senate Committee on Homeland Security and 
Government Affairs reported the bill without amendment 
favorably. On May 9, 2016, Senate amendment 3889 was proposed 
by Senator Enzi for Senator Heitkamp and was agreed to by 
unanimous consent. On May 9, 2016, S. 546 passed the Senate by 
unanimous consent. On September 14, 2016, the Committee on 
Transportation and Infrastructure met in open session to 
consider S. 546. An amendment was offered in Committee by 
Representatives Michael Capuano and Jeff Denham, which was 
adopted by voice vote. The amendment clarifies the members of 
the subcommittee and makes changes to remove language 
duplicative of provisions in the Fixing America's Surface 
Transportation Act, which was signed into law on December 4, 
2015. The Committee ordered S. 546, as amended, reported 
favorably to the House by voice vote with a quorum present.

                            Committee Votes

    Clause 3(b) of rule XIII of the Rules of the House of 
Representatives requires each committee report to include the 
total number of votes cast for and against on each record vote 
on a motion to report and on any amendment offered to the 
measure or matter, and the names of those members voting for 
and against. There were no recorded votes associated with this 
bill.

                      Committee Oversight Findings

    With respect to the requirements of clause 3(c)(1) of rule 
XIII of the Rules of the House of Representatives, the 
Committee's oversight findings and recommendations are 
reflected in this report.

               New Budget Authority and Tax Expenditures

    In compliance with clause 3(c)(2) of rule XIII of the Rules 
of the House of Representatives, the Committee adopts as its 
own the estimate of new budget authority, entitlement 
authority, or tax expenditures or revenues contained in the 
cost estimate prepared by the Director of the Congressional 
Budget Office pursuant to section 402 of the Congressional 
Budget Act of 1974, included below.

               Congressional Budget Office Cost Estimate

    With respect to the requirement of clause 3(c)(3) of rule 
XIII of the Rules of the House of Representatives and section 
402 of the Congressional Budget Act of 1974, the Committee has 
received the enclosed cost estimate for S. 546 from the 
Director of the Congressional Budget Office:

                                     U.S. Congress,
                               Congressional Budget Office,
                                Washington, DC, September 21, 2016.
Hon. Bill Shuster,
Chairman, Committee on Transportation and Infrastructure,
House of Representatives, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for S. 546, the RESPONSE 
Act of 2016.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Robert Reese.
            Sincerely,
                                                        Keith Hall.
    Enclosure.

S. 546--RESPONSE Act of 2016

    S. 546 would establish the Railroad Emergency Services 
subcommittee under the Federal Emergency Management Agency's 
(FEMA's) National Advisory Council (NAC). The act would direct 
the subcommittee to evaluate several aspects of the ability of 
emergency personnel to respond to hazardous materials incidents 
involving trains. S. 546 would require the subcommittee to 
provide recommendations to the NAC on methods to improve 
response to such incidents within one year of enactment of S. 
546. Under the legislation, the subcommittee would terminate 
within nine months of submitting the recommendations to the 
NAC. Subsequently, the act also would require FEMA to provide 
to the Congress a report detailing the implementation of those 
recommendations in each of the following two years.
    Based on an analysis of information provided by FEMA, CBO 
estimates that implementing S. 546 would cost less than 
$500,000 over the 2017-2021 period to establish and staff the 
committee and to prepare the recommendations. Any such spending 
would be subject to the availability of appropriated funds.
    Enacting S. 546 would not affect direct spending or 
revenues; therefore, pay-as-you-go procedures do not apply.
    CBO estimates that enacting S. 546 would not increase net 
direct spending or on-budget deficits in any of the four 
consecutive 10-year periods beginning in 2027.
    S. 546 contains no intergovernmental or private-sector 
mandates as defined in the Unfunded Mandates Reform Act and 
would impose no costs on state, local, or tribal governments.
    On March 18, 2015, CBO transmitted a cost estimate for S. 
546, the RESPOSE Act of 2015, as ordered reported by the Senate 
Committee on Homeland Security and Governmental Affairs on 
March 4, 2015. That version of S. 546 also would establish the 
Railroad Emergency Services subcommittee and would permit it to 
operate for up to five years following enactment. Differences 
in CBO's estimates of spending subject to appropriation under 
the two versions of S. 546 reflect the difference in the length 
of time the subcommittee would be authorized to operate.
    The CBO staff contact for this estimate is Robert Reese. 
The estimate was approved by H. Samuel Papenfuss, Deputy 
Assistant Director for Budget Analysis.

                    Performance Goals and Objectives

    With respect to the requirement of clause 3(c)(4) of rule 
XIII of the Rules of the House of Representatives, the 
performance goals and objectives of this legislation are to 
ensure that emergency responders are adequately trained to 
handle rail hazmat incidents. This bill, as amended, enhances 
safety by convening a Subcommittee to evaluate emergency 
responder training.

                          Advisory of Earmarks

    Pursuant to clause 9 of rule XXI of the Rules of the House 
of Representatives, the Committee is required to include a list 
of congressional earmarks, limited tax benefits, or limited 
tariff benefits as defined in clause 9(e), 9(f), and 9(g) of 
rule XXI of the Rules of the House of Representatives. No 
provision in the bill, as amended, includes an earmark, limited 
tax benefit, or limited tariff benefit under clause 9(e), 9(f), 
or 9(g) of rule XXI.

                    Duplication of Federal Programs

    Pursuant to section 3(g) of H. Res. 5, 114th Cong. (2015), 
the Committee finds that no provision of S. 546, as amended, 
establishes or reauthorizes a program of the federal government 
known to be duplicative of another federal program, a program 
that was included in any report from the Government 
Accountability Office to Congress pursuant to section 21 of 
Public Law 111-139, or a program related to a program 
identified in the most recent Catalog of Federal Domestic 
Assistance.

                  Disclosure of Directed Rule Makings

    Pursuant to section 3(i) of H. Res. 5, 113th Cong. (2015), 
the Committee estimates that enacting S. 546, as amended, does 
not specifically direct the completion of a specific rule 
making within the meaning of section 551 of title 5, United 
States Code.

                       Federal Mandate Statement

    The Committee adopts as its own the estimate of federal 
mandates prepared by the Director of the Congressional Budget 
Office pursuant to section 423 of the Unfunded Mandates Reform 
Act (Public Law 104-4).

                        Preemption Clarification

    Section 423 of the Congressional Budget Act of 1974 
requires the report of any Committee on a bill or joint 
resolution to include a statement on the extent to which the 
bill or joint resolution is intended to preempt state, local, 
or tribal law. The Committee states that S. 546, as amended, 
does not preempt any state, local, or tribal law. S. 546, as 
amended, preserves the rights and permitting authorities of 
states.

                      Advisory Committee Statement

    No advisory committees within the meaning of section 5(b) 
of the Federal Advisory Committee Act are created by this 
legislation, as amended.

                  Applicability of Legislative Branch

    The Committee finds that the legislation, as amended, does 
not relate to the terms and conditions of employment or access 
to public services or accommodations within the meaning of 
section 102(b)(3) of the Congressional Accountability Act 
(Public Law 104-1).

               Section-by-Section Analysis of Legislation


Section 1. Short title; table of contents; references

    This section designates the short title of this bill as the 
``RESPONSE Act of 2016.''

Section 2. Railroad Emergency Services Preparedness, Operational Needs, 
        and Safety Evaluation Subcommittee

    This section establishes a Railroad Emergency Services 
Preparedness, Operational Needs, and Safety Evaluation 
(RESPONSE) Subcommittee (Subcommittee) under FEMA's National 
Advisory Council (NAC) to evaluate and provide recommendations 
on the adequacy of emergency responder training related to 
hazardous materials incidents involving railroads.
    Subcommittee membership includes the Deputy Administrator 
on Protection and National Preparedness of FEMA; the Chief 
Safety Officer of the Pipeline and Hazardous Materials Safety 
Administration (PHMSA); the Associate Administrator for 
Hazardous Materials Safety of PHMSA; the Director of the Office 
of Emergency Communications of the Department of Homeland 
Security; the Director for the Office of Railroad, Pipeline and 
Hazardous Materials Investigations of the National 
Transportation Safety Board; the Chief Safety Officer and 
Associate Administrator for Railroad Safety of the Federal 
Railroad Administration; the Assistant for Security Policy and 
Industry Engagement of the Transportation Security 
Administration; the Assistant Commandant for Response Policy of 
the Coast Guard; and, the Assistant Administrator for the 
Office of Solid Waste and Emergency Response of the 
Environmental Protection Agency. Members of the National 
Advisory Council that have the requisite technical knowledge 
and expertise to address rail emergency response issues, 
including emergency management and emergency response 
providers, as well as state, local and tribal government 
officials may be appointed to the Subcommittee as well.
    Additionally, this section requires that the Subcommittee 
include at least one representative from the rail industry, 
rail labor, persons who offer oil for transportation by rail, 
the communications industry, emergency responders, emergency 
response training providers, representatives from tribal 
organizations, technical experts, and vendors, developers, and 
manufacturers of systems, equipment, and capabilities for 
emergency first responder services, and other stakeholders 
determined appropriate.
    FEMA's Deputy Administrator for Protection and National 
Preparedness and PHMSA's Chief Safety Officer serve as co-
chairs of the Subcommittee.
    This section also requires that the Subcommittee's initial 
meeting take place no later than 90 days after the enactment of 
the RESPONSE Act of 2016. The Subcommittee is directed to 
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.
    This section requires the Subcommittee to develop 
recommendations for improving emergency responder training and 
resource allocation for hazardous materials incidents involving 
railroads after evaluating the quality and application of 
training for State and local emergency responders related to 
rail hazardous materials incidents, including training for 
emergency responders service small communities near railroads; 
modernizing training course content related to rail hazardous 
material incidents; identifying overlap in training content; 
identifying opportunities to develop complementary courses and 
materials; improving the availability and effectiveness of 
Federal, State, local, and nongovernmental funding levels 
related to training emergency responders for rail hazardous 
materials incidents; and, developing a strategy for integrating 
commodity flow studies, mapping, and rail and hazardous 
materials databases for State and local emergency responders.
    This section requires the Subcommittee, not later than 1 
year after the date of enactment of the RESPONSE Act, to submit 
a report to the NAC that includes the recommendations developed 
pursuant to the Act; specifies the timeframe for implementing 
any such recommendations that do not require congressional 
action; and, identifies any such recommendations that require 
congressional action.
    Not later than 30 days after receiving the report, the NAC 
must begin a review of the report. Once the NAC approves the 
recommendations of the RESPONSE Subcommittee, the NAC must 
submit the report to the co-chairpersons of the RESPONSE 
Subcommittee, the head of each agency represented on the 
RESPONSE Subcommittee, the Committee on Homeland Security and 
Governmental Affairs of the Senate, the Committee on Commerce, 
Science and Transportation of the Senate, the Committee on 
Homeland Security of the House of Representatives, and the 
Committee on Transportation and Infrastructure of the House of 
Representatives. The FEMA Administrator must provide annual 
updates to the congressional committees referred to above as 
well as coordinate the implementation of the recommendations. 
The Subcommittee will terminate 90 days after submission of the 
final report to the NAC (total duration: 1 year, 90 days).

         Changes in Existing Law Made by the Bill, as Reported

  In compliance with clause 3(e) of rule XIII of the Rules of 
the House of Representatives, changes in existing law made by 
the bill, as reported, are shown as follows (existing law 
proposed to be omitted is enclosed in black brackets, new 
matter is printed in italics, and existing law in which no 
change is proposed is shown in roman):

HOMELAND SECURITY ACT OF 2002

           *       *       *       *       *       *       *



TITLE V--NATIONAL EMERGENCY MANAGEMENT

           *       *       *       *       *       *       *


SEC. 508. NATIONAL ADVISORY COUNCIL.

  (a) Establishment.--Not later than 60 days after the date of 
enactment of the Post-Katrina Emergency Management Reform Act 
of 2006, the Secretary shall establish an advisory body under 
section 871(a) to ensure effective and ongoing coordination of 
Federal preparedness, protection, response, recovery, and 
mitigation for natural disasters, acts of terrorism, and other 
man-made disasters, to be known as the National Advisory 
Council.
  (b) Responsibilities.--
          (1) In general.-- The National Advisory Council shall 
        advise the Administrator on all aspects of emergency 
        management. The National Advisory Council shall 
        incorporate State, local, and tribal government and 
        private sector input in the development and revision of 
        the national preparedness goal, the national 
        preparedness system, the National Incident Management 
        System, the National Response Plan, and other related 
        plans and strategies.
          (2) Consultation on grants.-- To ensure input from 
        and coordination with State, local, and tribal 
        governments and emergency response providers, the 
        Administrator shall regularly consult and work with the 
        National Advisory Council on the administration and 
        assessment of grant programs administered by the 
        Department, including with respect to the development 
        of program guidance and the development and evaluation 
        of risk-assessment methodologies, as appropriate.
  (c) Membership.--
          (1) In general.-- The members of the National 
        Advisory Council shall be appointed by the 
        Administrator, and shall, to the extent practicable, 
        represent a geographic (including urban and rural) and 
        substantive cross section of officials, emergency 
        managers, and emergency response providers from State, 
        local, and tribal governments, the private sector, and 
        nongovernmental organizations, including as 
        appropriate--
                  (A) members selected from the emergency 
                management field and emergency response 
                providers, including fire service, law 
                enforcement, hazardous materials response, 
                emergency medical services, and emergency 
                management personnel, or organizations 
                representing such individuals;
                  (B) health scientists, emergency and 
                inpatient medical providers, and public health 
                professionals;
                  (C) experts from Federal, State, local, and 
                tribal governments, and the private sector, 
                representing standards-setting and accrediting 
                organizations, including representatives from 
                the voluntary consensus codes and standards 
                development community, particularly those with 
                expertise in the emergency preparedness and 
                response field;
                  (D) State, local, and tribal government 
                officials with expertise in preparedness, 
                protection, response, recovery, and mitigation, 
                including Adjutants General;
                  (E) elected State, local, and tribal 
                government executives;
                  (F) experts in public and private sector 
                infrastructure protection, cybersecurity, and 
                communications;
                  (G) representatives of individuals with 
                disabilities and other populations with special 
                needs; and
                  (H) such other individuals as the 
                Administrator determines to be appropriate.
          (2) Coordination with the departments of health and 
        human services and transportation.-- In the selection 
        of members of the National Advisory Council who are 
        health or emergency medical services professionals, the 
        Administrator shall work with the Secretary of Health 
        and Human Services and the Secretary of Transportation.
          (3) Ex officio members.-- The Administrator shall 
        designate 1 or more officers of the Federal Government 
        to serve as ex officio members of the National Advisory 
        Council.
          (4) Terms of office.--
                  (A) In general.-- Except as provided in 
                subparagraph (B), the term of office of each 
                member of the National Advisory Council shall 
                be 3 years.
                  (B) Initial appointments.-- Of the members 
                initially appointed to the National Advisory 
                Council--
                          (i) one-third shall be appointed for 
                        a term of 1 year; and
                          (ii) one-third shall be appointed for 
                        a term of 2 years.
  (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).
  [(d)] (e) Applicability of Federal Advisory Committee Act.--
          (1) In general.-- Notwithstanding section 871(a) and 
        subject to paragraph (2), the Federal Advisory 
        Committee Act (5 U.S.C. App.), including subsections 
        (a), (b), and (d) of section 10 of such Act, and 
        section 552b(c) of title 5, United States Code, shall 
        apply to the National Advisory Council.
          (2) Termination.-- Section 14(a)(2) of the Federal 
        Advisory Committee Act (5 U.S.C. App.) shall not apply 
        to the National Advisory Council.

           *       *       *       *       *       *       *


                                  [all]