69–006 

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 


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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. 


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‘‘(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. 


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‘‘(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, 


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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. 


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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 


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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 es- timates 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 


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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 AdministraVerDate Sep 11 2014 21:07 Nov 20, 2016 Jkt 069006 PO 00000 Frm 00008 Fmt 6659 Sfmt 6602 E:\HR\OC\HR808.XXX HR808

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tion (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; 


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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 reguVerDate Sep 11 2014 21:07 Nov 20, 2016 Jkt 069006 PO 00000 Frm 00010 Fmt 6659 Sfmt 6602 E:\HR\OC\HR808.XXX HR808

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larly 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 


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(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 


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(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. 


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(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; 


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15 

(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). 

ø(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. 

* * * * * * * 

Æ 


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