S.Amdt. 96

1. Adds SEC. __. STUDY ON RESOURCES REQUIRED TO ENSURE SAFE TRANSPORTATION BY PIPELINE AND RAIL OF PETROLEUM PRODUCTS wherever appropriate

   Adds a section

   Inserted: SEC. __. STUDY ON RESOURCES REQUIRED TO ENSURE SAFE TRANSPORTATION BY PIPELINE AND RAIL OF PETROLEUM PRODUCTS.

   Inserted: (a) Study Required.--

   Inserted: (1) In general.--The Secretary of Transportation and the Administrator of Pipeline and Hazardous Materials Safety Administration (PHMSA) shall conduct a study on the resources necessary to ensure the safe transportation of crude oil, petroleum products, natural gas, natural gas liquids, and related products, including by rail and pipeline. The study shall focus on the following priorities:

   Inserted: (A) Ensuring the safe transportation of crude oil, petroleum products, natural gas, natural gas liquids, and related products by rail and pipeline.

   Inserted: (B) Ensuring PHMSA has the necessary personnel and other resources, including access to new and emerging technologies, to properly monitor and regulate the transportation of crude oil, petroleum products, natural gas, natural gas liquids, and related products by rail and pipeline.

   Inserted: (2) Scope.--The study required under this subsection shall include the following elements:

   Inserted: (A) An examination of the current and projected resources and personnel at the Department of Transportation and PHMSA that are or will be dedicated to regulating, monitoring, and ensuring the overall safe transportation of crude oil, petroleum products, natural gas, natural gas liquids, and related products by rail and pipeline.

   Inserted: (B) A determination of the appropriate manpower personnel, resources, and funding requirements for all Department and Administration elements that do or are expected to play a significant role in regulating, monitoring, and ensuring the overall safe transportation of crude oil, petroleum products, natural gas, natural gas liquids, and related products by rail and pipeline.

   Inserted: (C) An assessment and description of the personnel, resources, and funding needs for each State, and a description of the State, local, and tribal resources and personnel that are dedicated to performing the tasks described in subparagraph (B).

   Inserted: (D) The development and use of technology for each of the Department and Administration elements involved in regulating, monitoring, or otherwise ensuring the overall safe transportation of crude oil, petroleum products, natural gas, natural gas liquids, and related products by rail and pipeline, including whether the elements need additional technological assets and how best to acquire needed additional technological assets.

   Inserted: (b) Report.--

   Inserted: (1) In general.--Not later than 180 days after the date of the enactment of this Act, and every 2 years thereafter, the Secretary of Transportation and the PHMSA Administrator, in conjunction with the heads of other Federal agencies, as appropriate, shall submit to the appropriate congressional committees a report on the study conducted under subsection (a).

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   Inserted: (2) Content.--The report required under paragraph (1) shall include the following elements:

   Inserted: (A) The findings of the study conducted under subsection (a).

   Inserted: (B) Input from other Federal agencies that have any significant role in the safe transportation of crude oil, petroleum products, natural gas, natural gas liquids, and related products by rail and pipeline.

   Inserted: (C) A description of any impending changes to regulations or policy that may have an effect on personnel, resources, or funding or that would otherwise impact the ability of the Department and the Administration to meet the basic standards necessary to properly monitor and regulate the transportation of crude oil, petroleum products, natural gas, natural gas liquids, and related products by rail and pipeline.

   Inserted: (D) Recommendations for enhancing safety for the transport of crude oil, petroleum products, natural gas, natural gas liquids, and related products by rail and pipeline, and what resources, personnel, and funding would be required to implement such recommendations.

   Inserted: (E) An explanation of why the Department or the Administration is not already implementing any of such recommendations.

   Inserted: (F) Recommendations for additional legislation necessary to implement recommendations contained in the report.

   Inserted: (c) Appropriate Congressional Committees Defined.--In this section, the term "appropriate congressional committees" means--

   Inserted: (1) the Committee on Commerce, Science, and Transportation, the Committee on Homeland Security and Governmental Affairs, the Committee on Energy and Natural Resources, the Committee on Finance, and the Committee on Appropriations of the Senate; and

   Inserted: (2) the Committee on Energy and Commerce, the Committee on Natural Resources, the Committee on Homeland Security, the Committee on Ways and Means, and the Committee on Appropriations of the House of Representatives.

   Inserted: SEC. __. RAILROAD AND PIPELINE EMERGENCY SERVICES PREPAREDNESS, OPERATIONAL NEEDS, AND SAFETY EVALUATION SUBCOMMITTEE.

   Inserted: Section 508 of the Homeland Security Act of 2002 (6 U.S.C. 318) is amended--

   Inserted: (1) by redesignating subsection (d) as subsection (e); and

   Inserted: (2) by inserting after subsection (c) the following new subsection:

   Inserted: "(d) Railroad and Pipeline Emergency Services Preparedness, Operational Needs, and Safety Evaluation Subcommittee.--

   Inserted: "(1) Establishment.--Not later than 30 days after the date of the enactment of the Keystone XL Pipeline Approval Act, the Administrator shall establish, as a subcommittee of the National Advisory Council, the Railroad and Pipeline Emergency Services Preparedness, Operational Needs, and Safety Evaluation Subcommittee (referred to in this subsection as the 'Subcommittee').

   Inserted: "(2) Membership.--Notwithstanding subsection (c), the Subcommittee shall be composed of the following:

   Inserted: "(A) The Deputy Administrator for Protection and National Preparedness of the Federal Emergency Management Agency, or designee.

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

   Inserted: "(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.

   Inserted: "(D) The Associate Administrator for Railroad Safety of the Federal Railroad Administration, or designee.

   Inserted: "(E) The Assistant Administrator for Security Policy and Industry Engagement of the Transportation Security Administration, or designee.

   Inserted: "(F) The Assistant Commandant for Response Policy of the Coast Guard, or designee.

   Inserted: "(G) The Assistant Administrator for the Office of Solid Waste and Emergency Response of the Environmental Protection Agency, or designee.

   Inserted: "(H) The Associate Administrator for Hazardous Materials Safety of the Pipeline and Hazardous Materials Safety Administration, or designee.

   Inserted: "(I) The Chief Safety Officer and Assistant Administrator of the Federal Motor Carrier Safety Administration, or designee.

   Inserted: "(J) The Director of the Office of Energy Infrastructure Security of the Federal Energy Regulatory Commission, or designee.

   Inserted: "(K) Such other qualified individuals as the Administrator shall appoint as soon as practicable after the date of the enactment of the Keystone XL Pipeline Approval Act from among the following:

   Inserted: "(i) Members of the National Advisory Council that have the requisite technical knowledge and expertise to address rail and pipeline emergency response issues, including members from the following disciplines:

   Inserted: "(I) Emergency management and emergency response providers, including fire service, law enforcement, hazardous materials response, and emergency medical services.

   Inserted: "(II) State, local, and tribal government officials with expertise in preparedness, protection, response, recovery, and mitigation, including Adjutants General.

   Inserted: "(III) Elected State, local, and tribal government executives.

   Inserted: "(IV) Such other individuals as the Administrator determines to be appropriate.

   Inserted: "(ii) Individuals who have the requisite technical knowledge and expertise to serve on the Subcommittee, including representatives of--

   Inserted: "(I) the rail industry;

   Inserted: "(II) the pipeline industry;

   Inserted: "(III) the oil industry;

   Inserted: "(IV) the communications industry;

   Inserted: "(V) emergency response providers, including individuals nominated by national organizations representing local governments and personnel;

   Inserted: "(VI) representatives from national Indian organizations;

   Inserted: "(VII) technical experts; and

   Inserted: "(VIII) vendors, developers, and manufacturers of systems, facilities, equipment, and capabilities for emergency responder services.

   Inserted: "(iii) Representatives of such other stakeholders and interested and affected parties as the Administrator considers appropriate.

   Inserted: "(3) Chairperson.--The Deputy Administrator for Protection and National Preparedness shall serve as the Chairperson of the Subcommittee, or designee.

   Inserted: "(4) Meetings.--

   Inserted: "(A) Initial meeting.--The initial meeting of the Subcommittee shall take place not later than 90 days after the date of the enactment of the Keystone XL Pipeline Approval Act.

   Inserted: "(B) Other meetings.--After the initial meeting, the 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.

   Inserted: "(5) Consultation with nonmembers.--The 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 Subcommittee to consider new and developing technologies and methods that may be beneficial to preparedness and response to rail and pipeline incidents.

   Inserted: "(6) Recommendations.--The Subcommittee shall develop recommendations, for improving emergency responder training and resource allocation, including the following:

   Inserted: "(A) Quality and application of training for local emergency first responders related to rail and pipeline hazardous materials incidents, with a particular focus on local emergency responders and small communities near railroads and pipelines, including the following:

   Inserted: "(i) Ease of access to relevant training for local emergency first responders, including an analysis of--

   Inserted: "(I) the number of individuals being trained;

   Inserted: "(II) the number of individuals who are applying;

   Inserted: "(III) whether current demand is being met;

   Inserted: "(IV) current challenges; and

   Inserted: "(V) projected needs.

   Inserted: "(ii) Modernization of course content related to rail and pipeline hazardous materials incidents, with a particular focus on response to the exponential rise in oil shipments by rail.

   Inserted: "(iii) Training content across agencies and the private sector to provide complementary opportunities for rail and pipeline hazardous materials incidents courses and materials to avoid overlap, including the following:

   Inserted: "(I) Overlap of course content among agencies.

   Inserted: "(II) The need for integrated course content through public-private partnerships.

   Inserted: "(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.

   Inserted: "(iv) Online training platforms, train-the-trainer and mobile training options.

   Inserted: "(B) Effectiveness of funding levels related to training local emergency responders for rail and pipeline hazardous materials incidents, with a particular focus on local emergency responders and small communities, including the following:

   Inserted: "(i) Minimizing overlap in resource allocation among agencies.

   Inserted: "(ii) Minimizing overlap in resource allocation among agencies and private sector.

   Inserted: "(iii) Maximizing public-private partnerships where funding gaps exists for specific training or cost-saving measures can be implemented to increase training opportunities.

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

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

   Inserted: "(vi) Current funding resources across agencies for rail and pipeline hazardous materials incidents.

   Inserted: "(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.

   Inserted: "(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:

   Inserted: "(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.

   Inserted: "(ii) How the industry would implement such plans.

   Inserted: "(iii) The thresholds that require emergency plans for each train related to hazardous materials in its cargo.

   Inserted: "(iv) Gaps in existing regulations across agencies.

   Inserted: "(E) The need for a rail and pipeline hazardous materials incident database, including the following:

   Inserted: "(i) An assessment of the appropriate entity to host the database.

   Inserted: "(ii) A definition of 'rail hazardous materials incident' and 'pipeline hazardous materials incident' that would constitute the level of reporting from the industry.

   Inserted: "(iii) The projected cost of such a database and how that database would be maintained and enforced.

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

   Inserted: "(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.

   Inserted: "(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.

   Inserted: "(iii) Assessment of emerging communications technology that could assist the emergency responder in the event of an incident.

   Inserted: "(G) Determination of the most appropriate agencies and offices for the implementation of the recommendations, including--

   Inserted: "(i) recommendations that can be implemented without congressional action and appropriate time frames for such actions; and

   Inserted: "(ii) recommendations that would require congressional action.

   Inserted: "(7) Report.--

   Inserted: "(A) In general.--Not later than 1 year after the date of the enactment of the Keystone XL Pipeline Approval Act, the Subcommittee shall submit a report containing the recommendations developed under paragraph (6) to the National Advisory Council.

   Inserted: "(B) Review.--The National Advisory Council shall take up the 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 Subcommittee to assist in the approval of the recommendations.

   Inserted: "(C) Recommendation.--Once the National Advisory Council approves the recommendations from the Subcommittee, the National Advisory Council shall submit the report to--

   Inserted: "(i) the Administrator;

   Inserted: "(ii) the head of each agency represented on the Subcommittee;

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

   Inserted: "(iv) the Committee on Homeland Security of the House of Representatives;

   Inserted: "(v) the Committee on Transportation and Infrastructure of the House of Representatives; and

   Inserted: "(vi) the Committees on Appropriations of the Senate and the House of Representatives.

   Inserted: "(8) Interim activity.--

   Inserted: "(A) Updates and oversight.--After the submission of the report by the National Advisory Council under paragraph (7), the Administrator shall--

   Inserted: "(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

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

   Inserted: "(B) Additional reports.--After submitting the report required under paragraph (7), the 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.

   Inserted: "(9) Termination.--

   Inserted: "(A) In general.--Except as provided in subparagraph (B), the Subcommittee shall terminate not later than 4 years after the date of the enactment of the Keystone XL Pipeline Approval Act.

   Inserted: "(B) Extension.--The Administrator may extend the duration of the Subcommittee, in 1-year increments, if the Administrator determines that additional reports and recommendations are needed from the Subcommittee after the termination date set forth in subparagraph (A).".

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As printed