114 HR 1043 IH: RESPONSE Act of 2015
U.S. House of Representatives
2015-02-24
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

		I
		114th CONGRESS
		1st Session
		H. R. 1043
		IN THE HOUSE OF REPRESENTATIVES

			February 24, 2015
			Mr. Kind (for himself, Mr. Richmond, Mr. Lipinski, Ms. Pingree, Mr. Walz, and Mr. Sean Patrick Maloney of New York) introduced the following bill; which was referred to the Committee on Transportation and Infrastructure

		A BILL
		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.

 1.Short titleThis Act may be cited as the RESPONSE Act of 2015. 2.Railroad Emergency Services Preparedness, Operational Needs, and Safety Evaluation SubcommitteeSection 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)EstablishmentNot 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)MembershipNotwithstanding 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. (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)ChairpersonThe Deputy Administrator for Protection and National Preparedness shall serve as the Chairperson of the RESPONSE Subcommittee, or designee.
						(4)Meetings
 (A)Initial meetingThe 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.
 (B)Other meetingsAfter 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 nonmembersThe 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)RecommendationsThe RESPONSE Subcommittee shall evaluate the following topics and develop recommendations 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.
 (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—
 (i)recommendations that can be implemented without congressional action and appropriate time frames for such actions; and
 (ii)recommendations that would require congressional action. (7)Report (A)In generalNot 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)ReviewThe 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)RecommendationOnce 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 oversightAfter 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 reportsAfter 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 generalExcept 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.
 (B)ExtensionThe 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)..


116 HR 5594 IH: Ensuring Meaningful Petition Outreach While Enhancing Rights of States Act of 2020
U.S. House of Representatives
2020-01-13
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I116th CONGRESS2d SessionH. R. 5594IN THE HOUSE OF REPRESENTATIVESJanuary 13, 2020Mr. Smith of Missouri (for himself, Mr. Gosar, Mr. McClintock, Mr. Crawford, Mr. Newhouse, and Ms. Cheney) introduced the following bill; which was referred to the Committee on Natural ResourcesA BILLTo provide for greater county and State consultation with regard to petitions under the Endangered
			 Species Act of 1973, and for other purposes.

 1.Short titleThis Act may be cited as the Ensuring Meaningful Petition Outreach While Enhancing Rights of States Act of 2020 or the EMPOWERS Act of 2020. 2.Greater county and State involvement (a)County and State consultation on petitionsSection 4(b)(3) of the Endangered Species Act of 1973 (16 U.S.C. 1533(b)(3)) is amended by adding at the end the following:

					(E)Listing petition review requirements
 (i)Not later than 30 days before submitting to the Secretary a petition to list, delist, or reclassify a species that occurs in the United States, or to revise a designation of critical habitat of such a species, the petitioner shall provide to the chief executive of each county and State in which the species is located a notice of intent to submit such petition.
 (ii)The Secretary shall, upon finding that a petitioned action to list a species as a threatened species or endangered species may be warranted, solicit from the chief executive of each county and State in which the species is located—
 (I)information regarding threats to the species and efforts by the county or State, respectively, to protect the species;
 (II)information about the anticipated effects of the action requested in the petition in that county or State, respectively; and
 (III)the advice of the chief executive on whether the status of the species merits the action requested in the petition, including information in support of such advice.
 (iii)The Secretary may verify by field testing the information presented in a petition asserting that a species is a threatened species or endangered species.
 (iv)If a chief executive advises under clause (ii)(III) that the petitioned-for action is not warranted, the Secretary may not proceed with the action unless the Secretary demonstrates that information submitted in support of such advice by the chief executive is incorrect and that the action is warranted..
 (b)Regulations To implement determinationsSection 4(b)(5) of the Endangered Species Act of 1973 (16 U.S.C. 1533(b)(5)) is amended to read as follows:

 (5)Notice requiredWith respect to any regulation proposed by the Secretary to implement a determination referred to in subsection (a)(1), the Secretary shall—
 (A)not less than 90 days before the effective date of the regulation— (i)publish a general notice and the complete text of the proposed regulation in the Federal Register;
 (ii)provide notice of the proposed regulation (including the complete text of the regulation) to the chief executive of county and State in which the species is located, and invite such chief executive to submit to the Secretary a determination as to whether the proposed regulation is warranted; and
 (iii)if the chief executive notifies the Secretary that the proposed regulation is not warranted, provide to the chief executive a record of decision for such determination, including information made available to the Secretary that did not support the determination and in writing the reasons for the determination;
 (B)in cooperation with the Secretary of State, provide notice of the proposed regulation to each foreign nation in which the species is located or whose citizens harvest the species on the high seas, and invite the comment of such nation thereon;
 (C)provide notice of the proposed regulation to— (i)each person who requests such notice;
 (ii)each person who has submitted additional data on the proposed regulation; (iii)each county, State, and local government within the jurisdiction of which the species is located or that is likely to experience any effects of any measures to protect the species under this Act; and
 (iv)such professional scientific organizations as the Secretary considers appropriate; (D)publish a summary of the proposed regulation on the internet; and
 (E)promptly hold one public hearing on the proposed regulation if any person files a request for such a hearing within 45 days after the date of publication of general notice..
 (c)Consultation on final determinationSection 4(i) of the Endangered Species Act of 1973 (16 U.S.C. 1533(i)) is amended to read as follows:

 (i)Written justificationIf the Secretary adopts a final regulation in conflict with advise submitted by the chief executive of a county or State or fails to adopt a regulation pursuant to an action petitioned for by such a chief executive under subsection (b)(3), the Secretary shall submit to the chief executive—
 (1)a separate written justification explaining the failure of the Secretary to adopt regulations consistent with the advise or petition of the chief executive;
 (2)any determination referred to in subsection (a)(1) relating to the regulation; and (3)all comments received by the Secretary that disagreed with all or part of the regulation..
 (d)FACASection 4(b) of the Endangered Species Act of 1973 (16 U.S.C. 1533(b)) is amended by adding at the end the following:

 (9)FACAConsultation with counties and States regarding petitions and proposed regulations under this subsection shall not be subject to the Federal Advisory Committee Act (5 U.S.C. App.)..