Technological Hazards Preparedness and Training Act of 2022
Summary
This is Senate Report 117-129 of the 117th Congress, 2d Session, Calendar No. 440, titled Technological Hazards Preparedness and Training Act of 2022, from the Committee on Homeland Security and Governmental Affairs, ordered to be printed July 12, 2022. Mr. Peters reports on S. 4166, to authorize preparedness programs to support communities containing technological hazards and emerging threats, which the Committee reports favorably with amendments and recommends that the bill, as amended, do pass. The report states that the bill expands the Federal Emergency Management Agency's preparedness programming capacity to help more communities address technological hazards, such as from radiological or chemical sources. It states that the bill provides FEMA an authorization of appropriations of $20,000,000 for fiscal years 2023 through 2024.
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“Technological Hazards Preparedness and Training Act of 2022.”
Original at www.govinfo.gov. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/crpt-crpt-117srpt129-crpt-117srpt129/
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Calendar No. 440
117TH CONGRESS REPORT
" SENATE !
2d Session 117–129
TECHNOLOGICAL HAZARDS PREPAREDNESS
AND TRAINING ACT OF 2022
R E P O R T
OF THE
COMMITTEE ON HOMELAND SECURITY AND
GOVERNMENTAL AFFAIRS
UNITED STATES SENATE
TO ACCOMPANY
S. 4166
TO AUTHORIZE PREPAREDNESS PROGRAMS TO SUPPORT
COMMUNITIES CONTAINING TECHNOLOGICAL HAZARDS
AND EMERGING THREATS
JULY 12, 2022.—Ordered to be printed
U.S. GOVERNMENT PUBLISHING OFFICE
29–010 WASHINGTON : 2022
E:\Seals\Congress.#13
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COMMITTEE ON HOMELAND SECURITY AND GOVERNMENTAL AFFAIRS
GARY C. PETERS, Michigan, Chairman
THOMAS R. CARPER, Delaware ROB PORTMAN, Ohio
MAGGIE HASSAN, New Hampshire RON JOHNSON, Wisconsin
KYRSTEN SINEMA, Arizona RAND PAUL, Kentucky
JACKY ROSEN, Nevada JAMES LANKFORD, Oklahoma
ALEX PADILLA, California MITT ROMNEY, Utah
JON OSSOFF, Georgia RICK SCOTT, Florida
JOSH HAWLEY, Missouri
DAVID M. WEINBERG, Staff Director
ZACHARY I. SCHRAM, Chief Counsel
CHRISTOPHER J. MULKINS, Director of Homeland Security
NAVEED JAZAYERI, Senior Professional Staff Member
PAMELA THIESSEN, Minority Staff Director
SAM J. MULOPULOS, Minority Deputy Staff Director
CLYDE E. HICKS JR., Minority Director of Homeland Security
LAURA W. KILBRIDE, Chief Clerk
(II)
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Calendar No. 440
117TH CONGRESS REPORT
" SENATE !
2d Session 117–129
TECHNOLOGICAL HAZARDS PREPAREDNESS AND
TRAINING ACT OF 2022
JULY 12, 2022.—Ordered to be printed
Mr. PETERS, from the Committee on Homeland Security and
Governmental Affairs, submitted the following
R E P O R T
[To accompany S. 4166]
[Including cost estimate of the Congressional Budget Office]
The Committee on Homeland Security and Governmental Affairs,
to which was referred the bill (S. 4166) to authorize preparedness
programs to support communities containing technological hazards
and emerging threats, having considered the same, reports favor-
ably thereon with amendments and recommends that the bill, as
amended, 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 of the Bill, as Reported .................................. 3
V. Evaluation of Regulatory Impact .................................................................. 4
VI. Congressional Budget Office Cost Estimate ................................................ 4
VII. Changes in Existing Law Made by the Bill, as Reported ........................... 5
I. PURPOSE AND SUMMARY
S. 4166, the Technological Hazards Preparedness and Training
Act of 2022, expands the Federal Emergency Management Agency’s
(FEMA) preparedness programming capacity to help more commu-
nities address technological hazards, such as from radiological or
chemical sources. The bill also requires FEMA to identify commu-
nities with the highest risk of and vulnerability to a technological
hazard in each state, ensure state governments are aware of the
threat and the availability of FEMA technical assistance and train-
ing to address this threat, and provide an annual report to Con-
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2
gress on the activities taken to implement this bill. It provides
FEMA an authorization of appropriations of $20,000,000 for fiscal
years 2023 through 2024.
II. BACKGROUND AND NEED FOR THE LEGISLATION
Technological hazards are defined as materials created by hu-
mans that pose a unique threat to the general public and environ-
ment and include a chemical, biological, radiological, or nuclear
(CBRN) hazard. For example, this can result from nuclear power
plants, chemical manufacturing facilities, or nuclear fuel processing
facilities. Potential exposures or harm may result from an accident,
an emergency caused by another hazard, such as a natural dis-
aster, or an intentional use of hazardous materials.1 CBRN mate-
rials have become more common in our society, through their use
in manufacturing, agriculture, and other industries.2 One reason
CBRN hazards are so dangerous to the health and safety of the
surrounding community is that ‘‘[o]ften there is little or no advance
warning to prepare and evacuate to safety.’’ 3
Currently, FEMA’s Technological Hazards Division (THD) builds
the emergency preparedness and response capabilities of commu-
nities surrounding nuclear power plants and U.S. Army chemical
stockpile sites for both man-made and natural disasters.4 Assist-
ance can include emergency preparedness technical assistance,
training, exercise guidance, and more.
While FEMA has long trained and assisted communities sur-
rounding nuclear power plants and U.S. Army chemical stockpiles,
other communities still lack access to such specialized, direct sup-
port when it comes to technological hazards.5 Areas that could ben-
efit from FEMA THD assistance if FEMA was given additional re-
sources include communities that surround CBRN research facili-
ties, nuclear enrichment facilities, or chemical manufacturing fa-
cilities.
This bill would close that gap by expanding THD’s scope so that
this assistance and preparedness programming can reach addi-
tional local communities that face risks from technological hazards.
These populations will benefit from THD’s existing support, train-
ing, CBRN data sharing network, interactive web tools, and hazard
prediction models.6
This legislation addresses technological hazard risk by author-
izing additional resources for FEMA’s THD and directly connecting
state and local governments with expanded FEMA assistance and
programming.7 Specifically, it requires FEMA to identify the com-
1 Technological Hazards Preparedness and Training Act of 2022 S. 4166, 117th Cong. (2022).
2 City of Detroit, Detroit Office of Homeland Security and Emergency Management, Hazard
Mitigation Plan at 80 (‘‘As a result of the extensive use of chemicals in our society, all modes
of transportation—highways, rail, air, marine, and pipeline—are carrying thousands of haz-
ardous materials shipments daily through local communities.’’)
3 FEMA, Hazardous Response Capabilities (https://www.fema.gov/emergency-managers/practi-
tioners/hazardous-response-capabilities) (accessed June 16, 2022).
4 Federal Emergency Management Agency, Hazardous Response Capabilities (www.fema.gov/
emergency-managers/practitioners/hazardous-response-capabilities) (accessed June 16, 2022).
5 Federal Emergency Management Agency, National Preparedness (https://www.fema.gov/
about/offices/preparedness) (accessed June 16, 2022); Also see Senators Rob Portman and
Kyrsten Sinema: Portman, Sinema Introduce Bipartisan Legislation to Expand FEMA’s Capacity
to Help Communities Address Technological Hazards (May 10, 2022).
6 FEMA, Hazardous Response Capabilities (https://www.fema.gov/emergency-managers/practi-
tioners/hazardous-response-capabilities) (accessed June 16, 2022).
7 Senator Kyrsten Sinema: Homeland Security Committee Clear Sinema’s Bipartisan Bill Im-
proving America’s Disaster Preparedness (June 6, 2022).
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3
munities most vulnerable to technological hazards and inform
states of their vulnerabilities and of FEMA’s respective ability to
assist and address those vulnerabilities, report its progress to Con-
gress, and includes an authorization of appropriations. Commu-
nities will be better positioned to build resilience and respond to
CBRN hazards with these needed investments and assistance.8
III. LEGISLATIVE HISTORY
Senators Rob Portman (R–OH) and Kyrsten Sinema (D–AZ) in-
troduced S. 4166, the Technological Hazards Preparedness and
Training Act of 2022, on May 10, 2022. The bill was referred to the
Committee on Homeland Security and Governmental Affairs.
The Committee considered S. 4166 at a business meeting on May
25, 2022. During the business meeting, an amendment was offered
by Senator Paul that made clear nothing in the bill shall diminish
or divert resources away from the full completion of federally-led
chemical material storage missions or chemical demilitarization
missions, or related activities, currently being done by FEMA’s
THD. The Paul Amendment was adopted by voice vote with Sen-
ators Peters, Hassan, Sinema, Rosen, Padilla, Ossoff, Portman,
Lankford, Romney, Scott, and Hawley present.
Senator Scott offered a modified amendment that redirects
$20,000,000 of any remaining funds available through the Amer-
ican Rescue Plan Act to the FEMA Administrator to be used for the
purposes of this bill. The Scott Amendment, as modified, was not
adopted by voice vote with Senators Peters, Hassan, Sinema,
Rosen, Padilla, Ossoff, Portman, Lankford, Romney, Scott, and
Hawley present for the vote.
The Committee ordered the bill, as amended, reported favorably
by voice vote en bloc with Senators Peters, Hassan, Sinema, Rosen,
Padilla, Ossoff, Portman, Lankford, Romney, Scott, and Hawley
present. Consistent with Committee Rule 3(G), the Committee re-
ports the bill with a technical amendment by mutual agreement of
the Chairman and Ranking Member.
IV. SECTION-BY-SECTION ANALYSIS OF THE BILL, AS REPORTED
Section 1. Short title
This section designates the name of the bill as the ‘‘Technological
Hazards Preparedness and Training Act of 2022.’’
Section 2. Definitions
This section defines the terms ‘‘administrator,’’ ‘‘Indian tribal
government,’’ ‘‘local government,’’ ‘‘state,’’ and ‘‘technological hazard
and related emerging threat.’’
Section 3. Assistance and training for communities with techno-
logical hazards and related emerging threats
Subsection (a) requires the FEMA Administrator to maintain
state and local government technical assistance and other pre-
paredness programs to build community resistance to technological
hazards and related threats.
8 Margaret A. Reams, et al., Response, Recovery, and Resilience to Oil Spills and Environ-
mental Disasters, Journal of Environmental Health (Sept. 2017).
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Subsection (b) delineates the legal authorities with which the Ad-
ministrator must comport while carrying out the obligations of sub-
section (a).
Subsection (c) requires the FEMA Administrator to use any
available and appropriate technology and information to identify
the communities most threatened by technological hazards in each
state. The subsection also requires the Administrator notify each
state and tribal government of the communities identified as at-
risk and of the tools available to address their vulnerability.
Subsection (d) requires the FEMA Administrator to report to rel-
evant congressional committees the actions taken to implement
this section and preparedness programs provided during the pre-
vious year.
Subsection (e) permits the Secretary of Homeland Security to
seek continuing input from state, tribal, territorial, and local emer-
gency services agencies, as well as private sector stakeholders, on
technological hazards and related threats.
Section 4. Authorization of appropriations
This section authorizes $20,000,000 to be carried out for each of
fiscal years 2023 through 2024.
Section 5. Savings provision
This section clarifies that nothing in the bill diminishes or di-
verts resources from chemical cleanup and other projects by federal
agencies underway when the bill is enacted.
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 state-
ment 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 govern-
ments.
VI. CONGRESSIONAL BUDGET OFFICE COST ESTIMATE
U.S. CONGRESS,
CONGRESSIONAL BUDGET OFFICE,
Washington, DC, July 1, 2022.
Hon. GARY PETERS,
Chairman, Committee on Homeland Security and Governmental Af-
fairs,
U.S. Senate, Washington, DC.
DEAR MR. CHAIRMAN: The Congressional Budget Office has pre-
pared the enclosed cost estimate for S. 4166, the Technological
Hazards Preparedness and Training Act of 2022.
If you wish further details on this estimate, we will be pleased
to provide them. The CBO staff contact is Madeleine Fox.
Sincerely,
PHILLIP L. SWAGEL,
Director.
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Enclosure.
S. 4166 would require the Federal Emergency Management Ad-
ministration (FEMA) to provide state, local, and tribal governments
with technical assistance and training to prepare for technological
hazards and related emerging threats. The bill defines techno-
logical hazards as materials created by humans that pose a threat
to the public and the environment. S. 4166 would require FEMA
to conduct risk assessments and mapping to identify communities
with the highest risk and report annually to the Congress on as-
sistance provided to state, local, and tribal governments.
S. 4166 would authorize the appropriation of $20 million in each
of fiscal years 2023 and 2024 for those purposes. Using historical
spending patterns, CBO estimates that implementing the bill
would cost $40 million over the 2022–2027 period, assuming appro-
priation of the authorized amounts.
The costs of the legislation, detailed in Table 1, fall within budg-
et function 450 (community and regional development).
TABLE 1.—ESTIMATED INCREASES IN SPENDING SUBJECT TO APPROPRIATION UNDER S. 4166
By fiscal year, millions of dollars—
2022–
2022 2023 2024 2025 2026 2027 2027
Authorization .......................................................................................... 0 20 20 0 0 0 40
Estimated Outlays .................................................................................. 0 12 18 8 2 0 40
The CBO staff contact for this estimate is Madeleine Fox. The es-
timate was reviewed by H. Samuel Papenfuss, Deputy Director of
Budget Analysis.
VII. CHANGES IN EXISTING LAW MADE BY THE BILL, AS REPORTED
This legislation would make no change in existing law, within
the meaning of clauses (a) and (b) of subparagraph 12 of rule XXVI
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of the Standing Rules of the Senate, because this legislation would
not repeal or amend any provision of current law.
Æ
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