U.S. GOVERNMENT PUBLISHING OFFICE

WASHINGTON : 

1 

49–010 

" ! SENATE 

114TH CONGRESS

1st Session 

REPORT

2015

114–85 

Calendar No. 155 

RESPONSE ACT OF 2015 

R E P O R T 

OF THE

COMMITTEE ON HOMELAND SECURITY AND 

GOVERNMENTAL AFFAIRS 

UNITED STATES SENATE 

TO ACCOMPANY

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 

JULY 21, 2015.—Ordered to be printed 


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(II) 

COMMITTEE ON HOMELAND SECURITY AND GOVERNMENTAL AFFAIRS 

RON JOHNSON, Wisconsin, Chairman 

JOHN MCCAIN, Arizona 

ROB PORTMAN, Ohio 

RAND PAUL, Kentucky 

JAMES LANKFORD, Oklahoma 

MICHAEL B. ENZI, Wyoming 

KELLY AYOTTE, New Hampshire 

JONI ERNST, Iowa 

BEN SASSE, Nebraska 

THOMAS R. CARPER, Delaware 

CLAIRE MCCASKILL, Missouri 

JON TESTER, Montana 

TAMMY BALDWIN, Wisconsin 

HEIDI HEITKAMP, North Dakota 

CORY A. BOOKER, New Jersey 

GARY C. PETERS, Michigan 

KEITH B. ASHDOWN, Staff Director 

CHRISTOPHER R. HIXON, Chief Counsel 

DAVID S. LUCKEY, Director of Homeland Security 

WILLIAM H.W. MCKENNA, Chief Counsel for Homeland Security 

GABRIELLE A. BATKIN, Minority Staff Director 

JOHN P. KILVINGTON, Minority Deputy Staff Director 

MARY BETH SCHULTZ, Minority Chief Counsel 

STEPHEN R. VIN ̃ A, Minority Chief Counsel for Homeland Security 

ROBERT H. BRADLEY, Minority Professional Staff Member 

LAURA W. KILBRIDE, Chief Clerk 


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Calendar No. 155 

114TH CONGRESS REPORT " ! SENATE 1st Session 114–85 

RESPONSE ACT OF 2015 

JULY 21, 2015.—Ordered to be printed 

Mr. JOHNSON, from the Committee on Homeland Security and 

Governmental Affairs, submitted the following 

R E P O R T 

[To accompany S. 546] 

The Committee on Homeland Security and Governmental Affairs, 

to which 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, reports favorably 

thereon without amendment and recommends that the bill do pass. 

CONTENTS 

Page 

I. Purpose and Summary ............................................................................... 1 

II. Background and Need for the Legislation ................................................ 2 

III. Legislative History ...................................................................................... 3 

IV. Section-by-Section Analysis ........................................................................ 4 

V. Evaluation of Regulatory Impact ............................................................... 5 

VI. Congressional Budget Office Cost Estimate ............................................. 5 

VII. Changes in Existing Law Made by the Bill, as Reported ........................ 6 

I. PURPOSE AND SUMMARY

The Railroad Emergency Services Preparedness, Operational 

Needs, and Safety Evaluation (RESPONSE) Act of 2015 would establish a subcommittee (‘‘the RESPONSE Subcommittee’’) to the 

Federal Emergency Management Agency’s (FEMA) National Advisory Council (NAC) to address training and resources for first responders to hazardous materials incidents on U.S. railroads. The 

bill would require the RESPONSE Subcommittee to issue recVerDate Sep 11 2014 02:37 Jul 25, 2015 Jkt 006602 PO 00000 Frm 00003 Fmt 6659 Sfmt 6602 E:\HR\OC\SR085.XXX SR085

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1Transparency and Training: Preparing our First Responders for Emerging Threats and Hazards: Hearing Before the Subcomm. on Emergency Management, Intergovernmental Relations, 

and the District of Columbia of the S. Comm. on Homeland Security & Governmental Affairs, 

113th Cong. 31 (2014) (statement of Lisa A. Stabler, President, Transportation Technology Center, Inc.) [hereinafter Transparency and Training]. 2See, e.g., ASS’N OF AMER. R.RS., MOVING CRUDE OIL BY RAIL 3 (2014). 3See U.S. DEP’T OF TRANSP., HAZMAT INTELLIGENCE PORTAL, INCIDENT DETAIL REPORT (2014), 

available at http://www.phmsa.dot.gov/hazmat/library/data-stats/incidents. 4 NAT’L TRANSP. SAFETY BD., SAFETY RECOMMENDATION TO THE PIPELINE AND HAZARDOUS MA- TERIALS SAFETY ADMINISTRATION (2015), available at http://www.ntsb.gov/safety/safety-recs/ 

recletters/R-15-014-017.pdf; see also the Envtl. Prot. Agency, Galena Train Derailment, http:// 

www2.epa.gov/il/galena-train-derailment (last visited June 29, 2015); Press Release, Nat’l 

Transp. Safety Bd., NTSB Investigates Freight Train Accident in North Dakota (May 6, 2015), 

available at http://www.ntsb.gov/news/press-releases/Pages/PR20150506.aspx. 5Transparency and Training, supra note 1 at 27–28 (statement of Tim McLean, Chief, 

Casselton Fire Department); NAT’L TRANSP. SAFETY BD., DCA14MR004, PRELIMINARY REPORT

1 (2014). 6See, e.g., Transparency and Training, supra note 1 at 31 (statement of Lisa A. Stabler, President, Transportation Technology Center, Inc.); Staying on Track: Next Steps in Improving Passenger and Freight Rail Safety: Hearing Before the S. Comm. on Commerce, Science, and Transportation, 113th Cong. 54 (2014) (statement of Edward R. Hamberger, President and Chief Executive Officer, Ass’n of Amer. R.R.) [hereinafter Staying on Track]. 

ommendations to specified committees of Congress and Federal 

agencies on emergency responder training and resource allocation. 

II. BACKGROUND AND THE NEED FOR LEGISLATION

Each year, U.S. railroads transport approximately 2 million carloads of hazardous materials, including chemicals like crude oil and 

ethanol.1 The number of railcars carrying crude oil alone, on major 

freight railroads in the U.S., grew by more than 4,100 percent between 2008 and 2013.2 These increases in transportation of hazardous materials over rail also increase the chance of a derailment 

involving those hazardous materials. In 2014, for example, 13 

derailments resulted in the release of hazardous materials.3 These 

accidents continued in 2015 with derailments of trains transporting 

hazardous materials in Mount Carbon, West Virginia; Galena, Illinois; and Heimdal, North Dakota, which all took place outside of 

major population centers.4

After a derailment, local first responders have to quickly respond 

in order to protect their communities. Due to the potential risks of 

a derailment involving hazardous materials, there is a need to ensure training, coordination, and capabilities of our Nation’s first responders are adequate to address hazardous materials incidents on 

the national rail system. The value of training state and local first 

responders for hazardous material derailments was exemplified in 

December 2013 by the Casselton Fire Department’s successful response to the derailment of a train carrying crude oil near 

Casselton, North Dakota. Within minutes of the derailment—in 

large part because of their training, preparation, and exercises— 

the town’s 28 volunteer firefighters responded to the incident, established a perimeter, and initiated the correct response protocol, 

including the evacuation of approximately 1,400 people from 

Casselton, all without any injuries or fatalities.5

The Committee also recognizes the value of the railroad industry’s efforts to enhance rail safety, especially as it relates to transportation of hazardous materials and training of first responders. 

Railroads have testified at previous hearings about their significant 

capital investments into accident prevention, mitigation, and emergency response.6 For example, railroads provide regular training to 

emergency responders, including through direct training of local 


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7Transparency and Training, supra note 1 at 32–37 (statement of Lisa A. Stabler, President, 

Transportation Technology Center, Inc.); see also Security and Emergency Response Training 

Center, Crude by Rail Emergency Response, http://sertc.org/courses/crude-by-rail-emergencyresponse-cbr/ (last visited June 17, 2015). 8 ASS’N OF AMER. R.RS., supra note 2 at 8. 9Staying on Track, supra note 5 at 56–58, 63 (statement of Edward R. Hamberger, President 

and Chief Executive Officer, Ass’n of Amer. R.R.); U.S. DEP’T OF TRANSP., FED. R.R. ADMIN., SAFETY FACT SHEET (Feb. 2014), available at http://www.fra.dot.gov/Elib/Details/L04936. 10See U.S. DEP’T OF TRANSP., supra note 3 (identifying 65,956 incidents on highways and 

3,640 incidents on rail between July 1, 2010, and July 1, 2015). 11Transparency and Training, supra note 1; see also Staying on Track, supra note 5 (providing 

information on general rail safety and related improvements). 

emergency responders, providing access to training centers and resources like hazmat safety trains, conducting drills, visiting local 

firehouses, and establishing the Security and Emergency Response 

Training Center in Pueblo, Colorado.7 Railroads have also voluntarily adopted more stringent standards for new tank cars used to 

carry ethanol and crude oil.8 In part as a result of infrastructure 

improvements and those investments, railroads have never been 

safer and are one of the safest transportation modes and employers 

in the country.9 Data from the Department of Transportation 

shows that over the past five years, vehicles on highways have suffered eighteen times as many hazardous material releases as railroads, despite the significant volume of hazardous materials that 

railroads transport.10

Recognizing the importance of continued emergency responder 

training for derailments involving hazardous materials, the RESPONSE Act would establish a subcommittee under the NAC to 

evaluate existing training, resources, and information for emergency responders who respond to those types of incidents. Specifically, the RESPONSE Subcommittee would be tasked with bringing together all the relevant Federal agencies, industry representatives, emergency responders, and technical experts to review training, resources, strategies, and information emergency responders 

have and need to respond to hazardous materials incidents on U.S. 

railroads. Within one year of enactment, the RESPONSE Subcommittee would provide the NAC a report with its findings and 

recommendations for transmittal to specified committees of Congress and Executive agencies. The RESPONSE Subcommittee 

would terminate four years after enactment unless the FEMA Administrator (‘‘the Administrator’’) extends its duration. 

III. LEGISLATIVE HISTORY

In the 113th Congress, on March 25, 2014, the Committee’s Subcommittee on Emergency Management, Intergovernmental Relations, and the District of Columbia held a hearing titled, ‘‘Transparency and Training: Preparing our First Responders for Emerging Threats and Hazards.’’ 11 The purpose of the hearing was to examine the challenges posed to first responders by transportation of 

hazardous materials, including over the railroad, and to discuss existing opportunities to train emergency response officials for incidents involving hazard materials. 

On June 26, 2014, Senator Heitkamp introduced S. 2547, the RESPONSE Act of 2014. The bill was referred to the Committee but 

the Committee did not consider the bill during the 113th Congress. 

In the 114th Congress, on February 24, 2015, Senator Heitkamp, 

along with Senators Baldwin, King, and Schumer, introduced S. 


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546, the RESPONSE Act of 2015, which was referred to the Committee on Homeland Security and Governmental Affairs. 

The Committee considered S. 546 at a business meeting on 

March 4, 2015. The Committee ordered the bill, without amendment, reported favorably by voice vote. Senators present for the 

vote were: Johnson, Portman, Lankford, Ayotte, Ernst, Carper, 

McCaskill, Baldwin, Heitkamp, and Peters. 

IV. SECTION-BY-SECTION ANALYSIS OF THE BILL, AS REPORTED

Section 1. Short title 

This section provides the bill’s short title, the ‘‘RESPONSE Act 

of 2015.’’ 

Section 2. Railroad Emergency Services Preparedness, Operational 

Needs, and Safety Evaluation Subcommittee 

This section amends section 508 of the Homeland Security Act of 

2002 (6 U.S.C. 318) to establish the Railroad Emergency Services 

Preparedness, Operational Needs, and Safety Evaluation Subcommittee under the NAC. 

This section requires the Administrator to establish the RESPONSE Subcommittee within 30 days of enactment of this bill, 

and requires the RESPONSE Subcommittee to meet no later than 

90 days after the bill’s enactment, and twice a year thereafter. At 

least one of the meetings held during the first year of the Subcommittee’s existence must be conducted in person. This section 

also provides membership requirements, including that the RESPONSE Subcommittee shall include representatives of specified 

federal agencies and experts, industry representatives, emergency 

response providers, and other appointees by the Administrator, and 

shall be chaired by FEMA’s Deputy Administrator for Protection 

and National Preparedness. The Committee intends that the Administrator appoint a wide range of stakeholders to the RESPONSE Subcommittee—including industry representatives and 

emergency response providers. 

Section 2 also establishes the reporting requirements for the RESPONSE Subcommittee, mandating a report from the RESPONSE 

Subcommittee on its findings and recommendations to the NAC 

within one year of the bill’s enactment, and providing for the possibility of additional reports requested by the Administrator or the 

Congressional committees enumerated in Section 508(d)(7)(C) of 

the Homeland Security Act of 2002, as amended by this bill. The 

initial report must include recommendations, as appropriate, for 

improving emergency responder training and resource allocation 

for hazardous material incidents involving railroads, including on: 

quality and application of training for local emergency responders; 

effectiveness of funding levels related to training; strategy for integration of commodity flow studies, mapping, and access platforms; 

the need for emergency response plans; the need for a rail hazardous material incident database; increasing access to timely and 

actionable information; and implementation of the recommendations. 

Within 30 days of receipt of a report from the RESPONSE Subcommittee, the NAC must review and determine whether to approve the RESPONSE Subcommittee’s recommendations, and subVerDate Sep 11 2014 02:37 Jul 25, 2015 Jkt 006602 PO 00000 Frm 00006 Fmt 6659 Sfmt 6602 E:\HR\OC\SR085.XXX SR085

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mit the report to specified Federal agencies and committees of Congress. The NAC may seek additional clarification, changes, or other 

information from the RESPONSE Subcommittee prior to approval 

of the recommendations. The Committee intends that such requests 

toll the NAC’s 30 day determination requirement until the RESPONSE Subcommittee provides the requested clarification, 

changes, or recommendations. Following the formal approval and 

submission to Congress of the recommendations, the Administrator 

would be responsible for coordinating the implementation of the 

recommendations and providing the relevant Congressional committees with quarterly updates on implementation of those recommendations. 

The RESPONSE Subcommittee will terminate four years after 

enactment, unless renewed by the Administrator, who can extend 

the Subcommittee’s duration for one year increments if the Administrator determines additional reports and recommendations are 

needed. 

V. EVALUATION OF REGULATORY IMPACT

Pursuant to the requirements of paragraph 11(b) of rule XXVI of 

the Standing Rules of the Senate, the Committee has considered 

the regulatory impact of this bill and determined that the bill will 

have no regulatory impact within the meaning of the rules. The 

Committee agrees with the Congressional Budget Office’s statement that the bill contains no intergovernmental or private-sector 

mandates as defined in the Unfunded Mandates Reform Act 

(UMRA) and would impose no costs on state, local, or tribal governments because this bill. 

VI. CONGRESSIONAL BUDGET OFFICE COST ESTIMATE

MARCH 18, 2015. 

Hon. RON JOHNSON, Chairman, 

Committee on Homeland Security and Governmental Affairs, 

U.S. Senate, Washington, DC. 

DEAR MR. CHAIRMAN: The Congressional Budget Office has prepared the enclosed cost estimate for S. 546, the RESPONSE Act of 

2015. 

If you wish further details on this estimate, we will be pleased 

to provide them. The CBO staff contact is Martin von Gnechten. 

Sincerely, 

DOUGLAS W. ELMENDORF. 

Enclosure. 

S. 546—RESPONSE Act of 2015 

S. 546 would establish the Railroad Emergency Services subcommittee under the Federal Emergency Management Agency’s 

(FEMA’s) National Advisory Council (NAC). The bill 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 within one year of organizing the 

subcommittee and quarterly reports on the implementation of those 

recommendations. Under the legislation, the subcommittee would 

terminate after four years unless FEMA extends it. 


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Based on information provided by FEMA, CBO estimates that implementing S. 546 would cost $1 million, subject to the availability of appropriated funds, over the next five years—primarily 

for new staff to serve the subcommittee. Enacting S. 546 would not 

affect direct spending or revenues; therefore, pay-as-you-go procedures do not apply. 

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. 

The CBO staff contact for this estimate is Martin von Gnechten. 

The estimate was approved by Theresa Gullo, Deputy Assistant for 

Budget Analysis. 

VII. CHANGES IN EXISTING LAW MADE BY THE BILL, AS REPORTED

In compliance with paragraph 12 of rule XXVI of the Standing 

Rules of the Senate, changes in existing law made by S. 546 as reported are shown as follows (existing law proposed to be omitted 

is enclosed in brackets, new matter is printed in italic, 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) * * * 

* * * * * * * 

(d) RESPONSE SUBCOMMITTEE.— 

(1) ESTABLISHMENT.—Not later than 30 days after the date of 

the enactment of the ‘RESPONSE Act of 2015, 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 for Protection and National Preparedness of the Federal Emergency Management 

Agency, or designee. 

(B) The Director of the Office of Emergency Communications of the Department of Homeland Security, or designee. 

(C) The Director for the Office of Railroad, Pipeline and 

Hazardous Materials Investigations of the National Transportation Safety Board, or designee, only in an advisory capacity. 

(D) The Associate Administrator for Railroad Safety of 

the Federal Railroad Administration, or designee. 

(E) The Assistant Administrator for Security Policy and 

Industry Engagement of the Transportation Security Administration, or designee. 

(F) The Assistant Commandant for Response Policy of the 

Coast Guard, or designee. 


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(G) The Assistant Administrator for the Office of Solid 

Waste and Emergency Response of the Environmental Protection Agency, or designee. 

(H) The Associate Administrator for Hazardous Materials Safety of the Pipeline and Hazardous Materials Safety 

Administration, or designee. 

(I) The Chief Safety Officer and Assistant Administrator 

of the Federal Motor Carrier Safety Administration, or designee. 

(J) Such other qualified individuals as the Administrator 

shall appoint as soon as practicable after the date of the enactment of the RESPONSE Act of 2015 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 

with expertise in preparedness, protection, response, recovery, and mitigation, including Adjutants General. 

(III) Elected State, local, and tribal government 

executives. 

(IV) Such other individuals as the Administrator 

determines to be appropriate. 

(ii) Individuals who have the requisite technical 

knowledge and expertise to serve on the RESPONSE 

Subcommittee, including representatives of— 

(I) the rail industry; 

(II) the oil industry; 

(III) the communications industry; 

(IV) emergency response providers, including individuals nominated by national organizations 

representing local governments and personnel; 

(V) representatives from national Indian organizations; 

(VI) technical experts; and (VII) vendors, developers, and manufacturers of systems, facilities, 

equipment, and capabilities for emergency responder services. 

(iii) Representatives of such other stakeholders and 

interested and affected parties as the Administrator 

considers appropriate. 

(3) CHAIRPERSON.—The Deputy Administrator for Protection 

and National Preparedness shall serve as the Chairperson of 

the RESPONSE Subcommittee, or designee. 

(4) MEETINGS.— (A) INITIAL MEETING.—The initial meeting of the RESPONSE Subcommittee shall take place not later than 90 

days after the date of the enactment of the RESPONSE Act 

of 2015. 


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(B) OTHER MEETINGS.—After the initial meeting, the RESPONSE Subcommittee shall meet at least twice annually, 

with at least 1 meeting conducted in person during the first 

year, at the call of the Chairperson. 

(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 incidents. 

(6) RECOMMENDATIONS.—The RESPONSE Subcommittee 

shall evaluate the following topics and develop recommendations, as appropriate, for improving emergency responder training and resource allocation for hazardous materials incidents 

involving railroads: 

(A) Quality and application of training for local emergency first responders related to rail hazardous materials 

incidents, with a particular focus on local emergency responders and small communities near railroads, including 

the following: 

(i) Ease of access to relevant training for local emergency first responders, including an analysis of— 

(I) the number of individuals being trained; 

(II) the number of individuals who are applying; 

(III) whether current demand is being met; 

(IV) current challenges; and (V) projected needs. 

(ii) Modernization of course content related to rail 

hazardous materials incidents, with a particular focus 

on response to the exponential rise in oil shipments by 

rail. 

(iii) Training content across agencies and the private 

sector to provide complementary opportunities for rail 

hazardous materials incidents courses and materials to 

avoid overlap, including the following: 

(I) Overlap of course content among agencies. 

(II) Integrated course content through public-private partnerships. 

(III) Regular and ongoing evaluation of course 

opportunities, adaptation to emerging trends, 

agency and private sector outreach, effectiveness 

and ease of access for local emergency responders. 

(iv) Online training platforms, train-the-trainer and 

mobile training options. 

(B) Effectiveness of funding levels related to training 

local emergency responders for rail hazardous materials incidents, with a particular focus on local emergency responders and small communities, including the following: 

(i) Minimizing overlap in resource allocation among 

agencies. 

(ii) Minimizing overlap in resource allocation among 

agencies and private sector. 


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(iii) Maximizing public-private partnerships where 

funding gaps exists for specific training or cost-saving 

measures can be implemented to increase training opportunities. 

(iv) Adaptation of priority settings for agency funding allocations in response to emerging trends. 

(v) Historic levels of funding across agencies and private sector for rail hazardous materials incidents. 

(vi) Current funding resources across agencies. 

(C) Strategy for integration of commodity flow studies, 

mapping, and access platforms for local emergency responders and how to increase the rate of access to the individual responder in existing or emerging communications 

technology. 

(D) The need for emergency response plans for rail, similar to existing law related to maritime and stationary facility emergency response plans for hazardous materials, including the following: 

(i) The requirements of such emergency plans on 

each train and the format and availability of such 

emergency plans to emergency responders in communities through which the materials travel. 

(ii) How the industry would implement such plans. 

(iii) The thresholds that require emergency plans for 

each train related to hazardous materials in its cargo. 

(iv) Gaps in existing regulations across agencies. 

(E) The need for a rail hazardous materials incident 

database, including the following: 

(i) An assessment of the appropriate entity to host the 

database. 

(ii) A definition of ‘rail hazardous materials incident’ 

that would constitute the level of reporting from the industry. 

(iii) The projected cost of such a database and how 

that database would be maintained and enforced. 

(F) Increasing access to relevant, useful, and timely information for the local emergency responder for training purposes and in the event of a rail hazardous materials incident, including the following: 

(i) Existing information that the emergency responder can access, what the current rate of access and 

usefulness is for the emergency responder, and what 

current information should remain and what should be 

reassessed. 

(ii) Utilization of existing technology in the hands of 

the first responder to maximize delivery of useful and 

timely information for training purposes or in the event 

of an incident. 

(iii) Assessment of emerging communications technology that could assist the emergency responder in the 

event of an incident. 

(G) Determination of the most appropriate agencies and 

offices for the implementation of the recommendations, including— 


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(i) recommendations that can be implemented without congressional action and appropriate timeframes 

for such actions; and 

(ii) recommendations that would require congressional action. 

(7) REPORT.— 

(A) IN GENERAL.—Not later than 1 year after the date of 

the enactment of the RESPONSE Act of 2015, the RESPONSE Subcommittee shall submit a report containing 

the recommendations developed under paragraph (6) to the 

National Advisory Council. 

(B) REVIEW.—The National Advisory Council shall take 

up the RESPONSE Subcommittee’s report within 30 days 

for review and deliberation. The National Advisory Council 

may ask for additional clarification, changes, or other information from the RESPONSE Subcommittee to assist in 

the approval of the recommendations. 

(C) RECOMMENDATION.—Once the National Advisory 

Council approves the recommendations from the RESPONSE Subcommittee, the National Advisory Council 

shall submit the report to— 

(i) the Administrator; 

(ii) the head of each agency represented on the RESPONSE Subcommittee; 

(iii) the Committee on Homeland Security and Governmental Affairs of the Senate; 

(iv) the Committee on Homeland Security of the 

House of Representatives; and 

(v) 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 quarterly updates to the congressional 

committees referred to in paragraph (7) regarding the 

status of the implementation of the recommendations 

developed under paragraph (6); and 

(ii) coordinate the implementation of the recommendations described in paragraph (6)(G)(i). 

(B) ADDITIONAL REPORTS.—After submitting the report 

required under paragraph (7), the RESPONSE Subcommittee shall submit additional reports and recommendations in the same manner and to the same entities 

identified in paragraph (7) if needed or requested from 

Congress or from the Administrator. 

(9) TERMINATION.— 

(A) IN GENERAL.—Except as provided in subparagraph 

(B), the RESPONSE Subcommittee shall terminate not 

later than 4 years after the date of the enactment of the RESPONSE Act of 2015. 


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(B) EXTENSION.—The Administrator may extend the duration of the RESPONSE Subcommittee, in 1–year increments, if the Administrator determines that additional reports and recommendations are needed from the RESPONSE Subcommittee after the termination date set forth 

in subparagraph (A). 

ø(d)¿(e) APPLICABILITY OF FEDERAL ADVISORY COMMITTEE ACT.— (1) * * * 

* * * * * * * 

Æ 


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