,,ii #aacth ,,congress #b;d ,session ,s4 #bedg ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,june #bf1 #bjad ,ms4 ,heitkamp 7for herself and ,mr4 ,schumer7 introduced the following bill2 which was read twice and referred to the ,committee on ,homeland ,security and ,governmental ,affairs ,a ,,bill ,to establish the ,railroad ,emergency ,services ,preparedness1 ,operational ,needs1 and ,safety ,evaluation 7,,response7 ,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 railroads1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,,response ,act of #bjad4 #b4 ,railroad ,emergency ,services ,preparedness1 ,operational ,needs1 and ,safety ,evaluation ,subcommittee ,section #ejh of the ,homeland ,security ,act of #bjjb 7#f ,u4,s4,c4 #cah7 is amended-- 7#a7 by redesignating subsection 7d7 as subsection 7e72 and 7#b7 by inserting after subsection 7c7 the following3 7d7 ,,response ,subcommittee 7#a7 ,establishment ,not later than #cj days after the date of the enactment of the ,,response ,act of #bjad1 the ,administrator shall establish1 as a subcommittee of the ,national ,advisory ,council1 the ,railroad ,emergency ,services ,preparedness1 ,operational ,needs1 and ,safety ,evaluation ,subcommittee 7referred to in this subsection as the ,,response ,subcommittee74 7#b7 ,membership ,notwithstanding subsection 7c71 the ,,response ,subcommittee shall be composed of the following3 7,a7 ,the ,deputy ,administrator for ,protection and ,national ,preparedness of the ,federal ,emergency ,management ,agency1 or designee4 7,b7 ,the ,director of the ,office of ,emergency ,communications of the ,department of ,homeland ,security1 or designee4 7,c7 ,the ,director for the ,office of ,railroad1 ,pipeline and ,hazardous ,materials ,investigations of the ,national ,transportation ,safety ,board1 or designee1 only in an advisory capacity4 7,d7 ,the ,associate ,administrator for ,railroad ,safety of the ,federal ,railroad ,administration1 or designee4 7,e7 ,the ,assistant ,administrator for ,security ,policy and ,industry ,engagement of the ,transportation ,security ,administration1 or designee4 7,f7 ,the ,assistant ,commandant for ,response ,policy of the ,coast ,guard1 or designee4 7,g7 ,the ,assistant ,administrator for the ,office of ,solid ,waste and ,emergency ,response of the ,environmental ,protection ,agency1 or designee4 7,h7 ,the ,associate ,administrator for ,hazardous ,materials ,safety of the ,pipeline and ,hazardous ,materials ,safety ,administration1 or designee4 7,i7 ,the ,chief ,safety ,officer and ,assistant ,administrator of the ,federal ,motor ,carrier ,safety ,administration1 or designee4 7,j7 ,such other qualified individuals as the ,administrator shall appoint as soon as practicable after the date of the enactment of the ,,response ,act of #bjad from among the following3 7i7 ,members of the ,national ,advisory ,council that have the requisite technical knowledge and expertise to address rail safety issues1 including members from the following disciplines3 7,i7 ,emergency management and emergency response providers1 including fire service1 law enforcement1 hazardous materials response1 and emergency medical services4 7,,ii7 ,state1 local1 and tribal government officials with expertise in preparedness1 protection1 response1 recovery1 and mitigation1 including ,adjutants ,general4 7,,iii7 ,elected ,state1 local1 and tribal government executives4 7,,iv7 ,such other individuals as the ,administrator determines to be appropriate4 7ii7 ,individuals who have the requisite technical knowledge and expertise to serve on the ,,response ,subcommittee1 including representatives of-- 7,i7 the rail industry2 7,,ii7 the oil industry2 7,,iii7 the communications industry2 7,,iv7 emergency response providers1 including individuals nominated by national organizations representing local governments and personnel2 7,v7 representatives from national ,indian organizations2 7,,vi7 technical experts2 and 7,,vii7 vendors1 developers1 and manufacturers of systems1 facilities1 equipment1 and capabilities for emergency responder services4 7iii7 ,representatives of such other stakeholders and interested and affected parties as the ,administrator considers appropriate4 7#c7 ,chairperson ,the ,deputy ,administrator for ,protection and ,national ,preparedness shall serve as the ,chairperson of the ,,response ,subcommittee1 or designee4 7#d7 ,meetings 7,a7 ,initial meeting ,the initial meeting of the ,,response ,subcommittee shall take place not later than #ij days after the date of the enactment of the ,,response ,act of #bjad4 7,b7 ,other meetings ,after the initial meeting1 the ,,response ,subcommittee shall meet at least twice annually1 with at least #a meeting conducted in person1 at the call of the ,chairperson4 7#e7 ,consultation with nonmembers ,the ,,response ,subcommittee and the program offices for emergency responder training and resources shall consult with other relevant agencies and groups1 including entities engaged in federally funded research and academic institutions engaged in relevant work and research1 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 incidents4 7#f7 ,recommendations ,the ,,response ,subcommittee shall develop recommendations for improving emergency responder training and resource allocation1 including the following3 7,a7 ,quality and application of training for local emergency first responders related to rail hazardous materials incidents1 with a particular focus on local emergency responders and small communities near railroads1 including the following3 7i7 ,ease of access to relevant training for local emergency first responders1 including an analysis of-- 7,i7 the number of individuals being trained2 7,,ii7 the number of individuals who are applying2 7,,iii7 whether current demand is being met2 7,,iv7 current challenges2 and 7,v7 projected needs4 7ii7 ,modernization of course content related to rail hazardous materials incidents1 with a particular focus on response to the exponential rise in oil shipments by rail4 7iii7 ,evaluation of content across agencies and the private sector to provide complementary opportunities for courses and avoid overlap1 including the following3 7,i7 ,overlap of course content among agencies4 7,,ii7 ,assess the need for integrated course content through public-private partnerships4 7,,iii7 ,regular and ongoing evaluation of course opportunities1 adaptation to emerging trends1 agency and private sector outreach1 effectiveness and ease of access for local emergency responders4 7iv7 ,online training platforms1 train-the-trainer and mobile training options4 7,b7 ,effectiveness of funding levels related to training local emergency responders for rail hazardous materials incidents1 with a particular focus on local emergency responders and small communities1 including the following3 7i7 ,minimizing overlap in resource allocation among agencies4 7ii7 ,minimizing overlap in resource allocation among agencies and private sector4 7iii7 ,maximizing public-private partnerships where funding gaps exists for specific training or cost-saving measures can be implemented to increase training opportunities4 7iv7 ,adaptation of priority settings for agency funding allocations in response to emerging trends4 7v7 ,evaluation of historic levels of funding across agencies and private sector for rail hazardous materials incidents4 7vi7 ,assessment of the need for increase funding for agencies and specific agencies where funding would be most effective4 7,c7 ,strategy for integration of commodity flow studies1 mapping1 and access platforms for local emergency responders and how to increase the rate of access to the individual responder in existing or emerging communications technology4 7,d7 ,the lack of emergency response plans for rail1 similar to existing law related to maritime and stationary facility emergency response plans1 including the following3 7i7 ,provisions of law relating to the ,emergency ,planning and ,community ,right-,to-,know ,act of #aihf 7#db ,u4,s4,c4 #aajja et seq474 7ii7 ,how the industry would implement such plans4 7iii7 ,the thresholds and availability of emergency plans for each train related to hazardous materials in its cargo4 7iv7 ,gaps in existing regulations across agencies4 7,e7 ,development of a train incident database1 including the following3 7i7 ,an assessment of the appropriate agency to host the database4 7ii7 ,a definition of incident that would constitute the level of reporting from the industry4 7iii7 ,the projected cost of such a database and how that database would be maintained and enforced4 7,f7 ,increasing access to relevant1 useful1 and timely information for the local emergency responder1 including the following3 7i7 ,evaluation of existing information that the emergency responder can access1 what the current rate of access and usefulness is for the emergency responder1 and what current information should remain and what should be reassessed4 7ii7 ,utilization of existing technology in the hands of the first responder to maximize delivery of useful and timely information for training or in the event of an incident4 7iii7 ,assessment of emerging communications technology that could assist the emergency responder in the event of a rail hazardous materials incident4 7,g7 ,determination of the most efficient agencies and offices for the implementation of the recommendations1 including-- 7i7 recommendations that can be implemented without congressional action and appropriate time frames for such actions2 and 7ii7 recommendations that would require congressional action4 7#g7 ,report ,not later than #a year after the date of the enactment of the ,,response ,act of #bjad1 the ,,response ,subcommittee shall submit a report containing the recommendations developed under paragraph 7#f7 to the ,national ,advisory ,council for its review and deliberation4 ,after approving the recommendations of the ,,response ,subcommittee1 the ,national ,advisory ,council shall submit the report to-- 7,a7 the ,administrator2 7,b7 the head of each agency represented on the ,,response ,subcommittee2 7,c7 the ,committee on ,homeland ,security and ,governmental ,affairs of the ,senate2 7,d7 the ,committee on ,homeland ,security of the ,house of ,representatives2 and 7,e7 the ,committee on ,transportation and ,infrastructure of the ,house of ,representatives4 7#h7 ,interim activity 7,a7 ,updates and oversight ,after the submission of the report by the ,national ,advisory ,council under paragraph 7#g71 the ,administrator shall-- 7i7 provide quarterly updates to the ,national ,advisory ,council1 the ,,response ,subcommittee1 and the congressional committees referred to in paragraph 7#g7 regarding the status of the implementation of the recommendations developed under paragraph 7#f72 and 7ii7 oversee the implementation of the recommendations described in paragraph 7#f77;,g77i74 7,b7 ,additional reports ,after submitting the report required under paragraph 7#g71 the ,,response ,subcommittee shall submit additional reports and recommendations in the same manner and to the same entities identified in paragraph 7#g7 if needed or requested from ,congress or from the ,administrator4 7#i7 ,termination 7,a7 ,in general ,except as provided in subparagraph 7,b71 the ,,response ,subcommittee shall terminate not later than #d years after the date of the enactment of the ,,response ,act of #bjad4 7,b7 ,extension ,the ,administrator may extend the duration of the ,,response ,subcommittee1 in #a-year increments1 if the ,administrator determines that additional reports and recommendations are needed from the ,,response ,subcommittee after the termination date set forth in subparagraph 7,a74 4