42 U.S.C. § 5136a — Assistance and training for communities

Page 6372 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 5136a (Pub. L. 93–288, title II, § 206, as added Pub. L. 117–255, § 3(a), Dec. 20, 2022, 136 Stat. 2363.) Statutory Notes and Related Subsidiaries EFFECTIVE DATE Pub. L. 117–255, § 3(c), Dec. 20, 2022, 136 Stat. 2367, pro- vided that: ‘‘The amendments made by this Act [enact- ing this section and amending section 5121 of this title] shall only apply with respect to amounts appropriated on or after the date of enactment of this Act [Dec. 20, 2022].’’ NATIONAL RISK INDEX FUNDING Pub. L. 117–255, § 3(b), Dec. 20, 2022, 136 Stat. 2367, pro- vided that: ‘‘Nothing in section 206 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act [42 U.S.C. 5136], as added by subsection (a) of this sec- tion, shall be construed to prohibit the Administrator of the Federal Emergency Management Agency from using amounts available to maintain and update the National Risk Index until the earlier of— ‘‘(1) the date on which those amounts are trans- ferred to another source; and ‘‘(2) 3 years after the date of enactment of this Act [Dec. 20, 2022].’’ § 5136a. Assistance and training for communities with technological hazards and related emerging threats (a) In general The Administrator shall maintain the capac- ity to provide States, local, and Indian Tribal governments with technological hazards and re- lated 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 this title; and (3) the Post-Katrina Emergency Manage- ment Reform Act of 2006 (Public Law 109–295; 120 Stat. 1394). (c) Assessment and notification In carrying out subsection (a), the Adminis- trator 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 gov- ernment is aware of— (A) the communities identified under para- graph (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 Se- curity and Governmental Affairs of the Senate, the Committee on Appropriations of the Senate, the Committee on Energy and Natural Re- sources 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 Representa- tives, 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 emerg- ing threats preparedness programming pro- vided under this section during the 1-year pe- riod preceding the date of submission of the report. (e) Consultation The Secretary of Homeland Security may seek continuing input relating to technological haz- ards 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 co- ordinate with the Secretary of Energy relating to technological hazard preparedness and train- ing for a hazard that could result from activities or facilities authorized or licensed by the De- partment of Energy. (g) Non-duplication of effort In carrying out activities under subsection (a), the Administrator shall ensure that such activi- ties do not unnecessarily duplicate efforts of other Federal departments or agencies, includ- ing programs within the Department of Health and Human Services. (Pub. L. 117–263, div. G, title LXXIII, § 7313, Dec. 23, 2022, 136 Stat. 3689.) Editorial Notes REFERENCES IN TEXT The Robert T. Stafford Disaster Relief and Emer- gency Assistance Act, referred to in subsec. (b)(1), is Pub. L. 93–288, May 22, 1974, 88 Stat. 143, which is classi- fied principally to this chapter. For complete classi- fication 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 Se- curity, and Tables. CODIFICATION Section was enacted as part of the Technological Haz- ards 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. Statutory Notes and Related Subsidiaries SAVINGS PROVISION Pub. L. 117–263, div. G, title LXXIII, § 7315, Dec. 23, 2022, 136 Stat. 3691, provided that: ‘‘Nothing in this sub- Page 6373 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 5143 title [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 demili- tarization 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 mis- sions described in paragraph (1).’’ DEFINITIONS Pub. L. 117–263, div. G, title LXXIII, § 7312, Dec. 23, 2022, 136 Stat. 3689, provided that: ‘‘In this subtitle [sub- title 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 Rob- ert T. Stafford Disaster Relief and Emergency Assist- ance 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 cre- ated by humans that pose a unique hazard to the general public and environment and which may re- sult from— ‘‘(i) an accident; ‘‘(ii) an emergency caused by another hazard; or ‘‘(iii) intentional use of the hazardous mate- rials; and ‘‘(B) includes a chemical, radiological, biological, and nuclear hazard.’’ SUBCHAPTER III—MAJOR DISASTER AND EMERGENCY ASSISTANCE ADMINISTRA- TION § 5141. Waiver of administrative conditions Any Federal agency charged with the adminis- tration of a Federal assistance program may, if so requested by the applicant State or local au- thorities, modify or waive, for a major disaster, such administrative conditions for assistance as would otherwise prevent the giving of assistance under such programs if the inability to meet such conditions is a result of the major disaster. (Pub. L. 93–288, title III, § 301, as added Pub. L. 100–707, title I, § 105(a)(2), Nov. 23, 1988, 102 Stat. 4691.) Editorial Notes PRIOR PROVISIONS A prior section 5141, Pub. L. 93–288, title III, § 301, May 22, 1974, 88 Stat. 146, set out procedure for determina- tion of existence of emergency or major disaster, prior to repeal by Pub. L. 100–707, § 105(a)(2). § 5142. Repealed. Pub. L. 100–707, title I, § 105(a)(2), Nov. 23, 1988, 102 Stat. 4691 Section, Pub. L. 93–288, title III, § 302, May 22, 1974, 88 Stat. 146, related to Federal assistance and its coordi- nation with State and local disaster assistance. § 5143. Coordinating officers (a) Appointment of Federal coordinating officer Immediately upon his declaration of a major disaster or emergency, the President shall ap- point a Federal coordinating officer to operate in the affected area. (b) Functions of Federal coordinating officer In order to effectuate the purposes of this chapter, the Federal coordinating officer, within the affected area, shall— (1) make an initial appraisal of the types of relief most urgently needed; (2) establish such field offices as he deems necessary and as are authorized by the Presi- dent; (3) coordinate the administration of relief, including activities of the State and local gov- ernments, the American National Red Cross, the Salvation Army, the Mennonite Disaster Service, and other relief or disaster assistance organizations, which agree to operate under his advice or direction, except that nothing contained in this chapter shall limit or in any way affect the responsibilities of the American National Red Cross under chapter 3001 of title 36; and (4) take such other action, consistent with authority delegated to him by the President, and consistent with the provisions of this chapter, as he may deem necessary to assist local citizens and public officials in promptly obtaining assistance to which they are enti- tled. (c) State coordinating officer When the President determines assistance under this chapter is necessary, he shall request that the Governor of the affected State des- ignate a State coordinating officer for the pur- pose of coordinating State and local disaster as- sistance efforts with those of the Federal Gov- ernment. (d) Single Federal coordinating officer for multistate area Where the area affected by a major disaster or emergency includes parts of more than 1 State, the President, at the discretion of the President, may appoint a single Federal coordinating offi- cer for the entire affected area, and may appoint such deputy Federal coordinating officers to as- sist the Federal coordinating officer as the President determines appropriate. (Pub. L. 93–288, title III, § 302, formerly § 303, May 22, 1974, 88 Stat. 147; renumbered § 302 and amended Pub. L. 100–707, title I, § 105(b), Nov. 23, 1988, 102 Stat. 4691; Pub. L. 109–295, title VI, § 687, Oct. 4, 2006, 120 Stat. 1448.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in subsecs. (b) and (c), was in the original ‘‘this Act’’, meaning Pub. L. 93–288, May 22, 1974, 88 Stat. 143. For complete classification of this Act to the Code, see Short Title note set out under sec- tion 5121 of this title and Tables. CODIFICATION In subsec. (b)(3), ‘‘chapter 3001 of title 36’’ substituted for ‘‘the Act of January 5, 1905, as amended (33 Stat.