[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\
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\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).
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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.
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\4\Federal Emergency Management Agency, Hazardous Response
Capabilities (www.fema.gov/emergency-managers/practitioners/hazardous-
response-capabilities) (accessed June 16, 2022).
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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.
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\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).
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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\
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\6\FEMA, Hazardous Response Capabilities (https://www.fema.gov/
emergency-managers/practitioners/hazardous-response-capabilities)
(accessed June 16, 2022).
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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\
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\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).
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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
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By fiscal year, millions of dollars--
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2022 2023 2024 2025 2026 2027 2022-2027
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Authorization........................................ 0 20 20 0 0 0 40
Estimated Outlays.................................... 0 12 18 8 2 0 40
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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]