S. Rept. 114-85 - RESPONSE ACT OF 2015114th Congress (2015-2016)
Committee Report
| Report Type: | Senate Report |
|---|---|
| Accompanies: | S.546 |
| Committees: |
S. Rept. 114-85 - 114th Congress (2015-2016)
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Senate Report 114-85 - RESPONSE ACT OF 2015
[Senate Report 114-85]
[From the U.S. Government Publishing Office]
Calendar No. 155
114th Congress } { Report
SENATE
1st Session } { 114-85
_______________________________________________________________________
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
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
July 21, 2015.--Ordered to be printed
______
U.S. GOVERNMENT PUBLISHING OFFICE
49-010 WASHINGTON : 2015
COMMITTEE ON HOMELAND SECURITY AND GOVERNMENTAL AFFAIRS
RON JOHNSON, Wisconsin, Chairman
JOHN McCAIN, Arizona THOMAS R. CARPER, Delaware
ROB PORTMAN, Ohio CLAIRE McCASKILL, Missouri
RAND PAUL, Kentucky JON TESTER, Montana
JAMES LANKFORD, Oklahoma TAMMY BALDWIN, Wisconsin
MICHAEL B. ENZI, Wyoming HEIDI HEITKAMP, North Dakota
KELLY AYOTTE, New Hampshire CORY A. BOOKER, New Jersey
JONI ERNST, Iowa GARY C. PETERS, Michigan
BEN SASSE, Nebraska
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. Vina, Minority Chief Counsel for Homeland Security
Robert H. Bradley, Minority Professional Staff Member
Laura W. Kilbride, Chief Clerk
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
recommendations 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\
---------------------------------------------------------------------------
\1\Transparency 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].
\2\See, e.g., Ass'n of Amer. R.Rs., Moving Crude Oil By Rail 3
(2014).
\3\See 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 Materials 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.
---------------------------------------------------------------------------
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\
---------------------------------------------------------------------------
\5\Transparency 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).
---------------------------------------------------------------------------
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
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\
---------------------------------------------------------------------------
\6\See, 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].
\7\Transparency 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-emergency-
response-cbr/ (last visited June 17, 2015).
\8\Ass'n of Amer. R.Rs., supra note 2 at 8.
\9\Staying 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.
\10\See 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).
---------------------------------------------------------------------------
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.
---------------------------------------------------------------------------
\11\Transparency and Training, supra note 1; see also Staying on
Track, supra note 5 (providing information on general rail safety and
related improvements).
---------------------------------------------------------------------------
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. 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 submit
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.
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.
(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.
(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.
(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 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.
(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).
[(d)](e) Applicability of Federal Advisory Committee Act.--
(1) * * *
* * * * * * *
[all]