[Senate Report 117-129]
[From the U.S. Government Publishing Office]


                                                  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

[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]


                 July 12, 2022.--Ordered to be printed
        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
                     
                     

                                                  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 favorably 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 
communities address technological hazards, such as from 
radiological or chemical sources. The bill also requires FEMA 
to identify communities 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 training to address this 
threat, and provide an annual report to Congress 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 
humans that pose a unique threat to the general public and 
environment 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 disaster, or an intentional use of 
hazardous materials.\1\ CBRN materials 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\
---------------------------------------------------------------------------
    \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 hazardous materials shipments daily through local 
communities.'')
    \3\FEMA, Hazardous Response Capabilities (https://www.fema.gov/
emergency-managers/practitioners/hazardous-response-capabilities) 
(accessed June 16, 2022).
---------------------------------------------------------------------------
    Currently, FEMA's Technological Hazards Division (THD) 
builds the emergency preparedness and response capabilities of 
communities surrounding nuclear power plants and U.S. Army 
chemical stockpile sites for both man-made and natural 
disasters.\4\ Assistance can include emergency preparedness 
technical assistance, training, exercise guidance, and more.
---------------------------------------------------------------------------
    \4\Federal Emergency Management Agency, Hazardous Response 
Capabilities (www.fema.gov/emergency-managers/practitioners/hazardous-
response-capabilities) (accessed June 16, 2022).
---------------------------------------------------------------------------
    While FEMA has long trained and assisted communities 
surrounding nuclear power plants and U.S. Army chemical 
stockpiles, other communities still lack access to such 
specialized, direct support when it comes to technological 
hazards.\5\ Areas that could benefit from FEMA THD assistance 
if FEMA was given additional resources include communities that 
surround CBRN research facilities, nuclear enrichment 
facilities, or chemical manufacturing facilities.
---------------------------------------------------------------------------
    \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).
---------------------------------------------------------------------------
    This bill would close that gap by expanding THD's scope so 
that this assistance and preparedness programming can reach 
additional local communities that face risks from technological 
hazards. These populations will benefit from THD's existing 
support, training, CBRN data sharing network, interactive web 
tools, and hazard prediction models.\6\
---------------------------------------------------------------------------
    \6\FEMA, Hazardous Response Capabilities (https://www.fema.gov/
emergency-managers/practitioners/hazardous-response-capabilities) 
(accessed June 16, 2022).
---------------------------------------------------------------------------
    This legislation addresses technological hazard risk by 
authorizing 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 communities 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 Congress, and includes 
an authorization of appropriations. Communities will be better 
positioned to build resilience and respond to CBRN hazards with 
these needed investments and assistance.\8\
---------------------------------------------------------------------------
    \7\Senator Kyrsten Sinema: Homeland Security Committee Clear 
Sinema's Bipartisan Bill Improving America's Disaster Preparedness 
(June 6, 2022).
    \8\Margaret A. Reams, et al., Response, Recovery, and Resilience to 
Oil Spills and Environmental Disasters, Journal of Environmental Health 
(Sept. 2017).
---------------------------------------------------------------------------

                        III. LEGISLATIVE HISTORY

    Senators Rob Portman (R-OH) and Kyrsten Sinema (D-AZ) 
introduced 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 Senators 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 
American 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 reports 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 technological 
        hazards and related emerging threats

    Subsection (a) requires the FEMA Administrator to maintain 
state and local government technical assistance and other 
preparedness programs to build community resistance to 
technological hazards and related threats.
    Subsection (b) delineates the legal authorities with which 
the Administrator must comport while carrying out the 
obligations of subsection (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 
relevant congressional committees the actions taken to 
implement this section and preparedness programs provided 
during the previous year.
    Subsection (e) permits the Secretary of Homeland Security 
to seek continuing input from state, tribal, territorial, and 
local emergency 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 diverts 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 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.

             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 Affairs,
U.S. Senate, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared 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.
    Enclosure.

    [GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
    

    S. 4166 would require the Federal Emergency Management 
Administration (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 technological 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 assistance 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 appropriation of the authorized amounts.
    The costs of the legislation, detailed in Table 1, fall 
within budget 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    2023    2024    2025    2026    2027   2022-2027
----------------------------------------------------------------------------------------------------------------
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 estimate 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 of the Standing Rules of the Senate, because this 
legislation would not repeal or amend any provision of current 
law.

                                  [all]