42 U.S.C. § 5136a (THE PUBLIC HEALTH AND WELFARE)
§ 5136a. Assistance and training for communities with technological hazards and related emerging threats
(a) In general
The Administrator shall maintain the capacity to provide States, local, and Indian Tribal governments with technological hazards and related emerging threats technical assistance, training, and other preparedness programming to build community resilience to technological hazards and related emerging threats.
(b) Authorities
The Administrator shall carry out subsection (a) in accordance with—
(1) the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.);
(2) section 5196g of title 42; and
(3) the Post-Katrina Emergency Management Reform Act of 2006 (Public Law 109–295; 120 Stat. 1394).
(c) Assessment and notification
In carrying out subsection (a), the Administrator shall—
(1) use any available and appropriate multi-hazard risk assessment and mapping tools and capabilities to identify the communities that have the highest risk of and vulnerability to a technological hazard in each State; and
(2) ensure each State and Indian Tribal government is aware of—
(A) the communities identified under paragraph (1); and
(B) the availability of programming under this section for—
(i) technological hazards and related emerging threats preparedness; and
(ii) building community capability.
(d) Report
Not later than 1 year after December 23, 2022, and annually thereafter, the Administrator shall submit to the Committee on Homeland Security and Governmental Affairs of the Senate, the Committee on Appropriations of the Senate, the Committee on Energy and Natural Resources of the Senate, the Committee on Health, Education, Labor, and Pensions of the Senate, the Committee on Energy and Commerce of the House of Representatives, the Committee on Homeland Security of the House of Representatives, the Committee on Appropriations of the House of Representatives, and the Committee on Transportation and Infrastructure of the House of Representatives a report relating to—
(1) actions taken to implement this section; and
(2) technological hazards and related emerging threats preparedness programming provided under this section during the 1-year period preceding the date of submission of the report.
(e) Consultation
The Secretary of Homeland Security may seek continuing input relating to technological hazards and related emerging threats preparedness needs by consulting State, Tribal, territorial, and local emergency services organizations and private sector stakeholders.
(f) Coordination
The Secretary of Homeland Security shall coordinate with the Secretary of Energy relating to technological hazard preparedness and training for a hazard that could result from activities or facilities authorized or licensed by the Department of Energy.
(g) Non-duplication of effort
In carrying out activities under subsection (a), the Administrator shall ensure that such activities do not unnecessarily duplicate efforts of other Federal departments or agencies, including programs within the Department of Health and Human Services.
(Pub. L. 117–263, div. G, title LXXIII, § 7313, Dec. 23, 2022, 136 Stat. 3689.)
heading: Editorial Notes
heading: References in Text
text: The Robert T. Stafford Disaster Relief and Emergency Assistance Act, referred to in subsec. (b)(1), is Pub. L. 93–288, May 22, 1974, 88 Stat. 143, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 5121 of this title and Tables.
The Post-Katrina Emergency Management Reform Act of 2006, referred to in subsec. (b)(3), is title VI of Pub. L. 109–295, Oct. 4, 2006, 120 Stat. 1394. For complete classification of this Act to the Code, see Short Title note set out under section 701 of Title 6, Domestic Security, and Tables.
heading: Codification
text: Section was enacted as part of the Technological Hazards Preparedness and Training Act of 2022 and as part of the James M. Inhofe National Defense Authorization Act for Fiscal Year 2023, and not as part of the Robert T. Stafford Disaster Relief and Emergency Assistance Act which comprises this chapter.
heading: Statutory Notes and Related Subsidiaries
heading: Savings Provision
text: Pub. L. 117–263, div. G, title LXXIII, § 7315, Dec. 23, 2022, 136 Stat. 3691, provided that:
“Nothing in this subtitle [subtitle B (§§ 7311–7315) of title LXXIII of div. G of Pub. L. 117–263, see Short Title of 2022 Amendment note set out under section 5121 of this title] shall diminish or divert resources from—
“(1) the full completion of federally-led chemical surety material storage missions or chemical demilitarization missions that are underway as of the date of enactment of this Act [Dec. 23, 2022]; or
“(2) any transitional activities or other community assistance incidental to the completion of the missions described in paragraph (1).”
heading: Definitions
text: Pub. L. 117–263, div. G, title LXXIII, § 7312, Dec. 23, 2022, 136 Stat. 3689, provided that:
“In this subtitle [subtitle B (§§ 7311–7315) of title LXXIII of div. G of Pub. L. 117–263, see Short Title of 2022 Amendment note set out under section 5121 of this title]:
“(1) Administrator.—
The term ‘Administrator’ means the Administrator of the Federal Emergency Management Agency.
“(2) Indian tribal government.—
The term ‘Indian Tribal government’ has the meaning given the term ‘Indian tribal government’ in section 102 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5122).
“(3) Local government; state.—
The terms ‘local government’ and ‘State’ have the meanings given such terms in section 102 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5122).
“(4) Technological hazard and related emerging threat.—
The term ‘technological hazard and related emerging threat’—
“(A) means a hazard that involves materials created by humans that pose a unique hazard to the general public and environment and which may result from—
“(i) an accident;
“(ii) an emergency caused by another hazard; or
“(iii) intentional use of the hazardous materials; and
“(B) includes a chemical, radiological, biological, and nuclear hazard.”