HR 4183 IHCommentsClose CommentsPermalink

To amend the Homeland Security Act of 2002 to establish the National Urban Search and Rescue Response System.CommentsClose CommentsPermalink

November 14, 2007

Ms. LORETTA SANCHEZ of California (for herself, Mr. DENT, Mr. CUELLAR, Mr. MCCAUL of Texas, and Ms. CLARKE) introduced the following bill; which was referred to the Committee on Transportation and Infrastructure, and in addition to the Committee on Homeland Security, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concernedCommentsClose CommentsPermalink

To amend the Homeland Security Act of 2002 to establish the National Urban Search and Rescue Response System.CommentsClose CommentsPermalink

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,CommentsClose CommentsPermalink

SECTION 1. SHORT TITLE.

This Act may be cited as the `National Urban Search and Rescue Response System Act of 2007'.CommentsClose CommentsPermalink

SEC. 2. PURPOSE.

The purpose of this Act is to clarify and codify the preparedness and response authority of the National Urban Search and Rescue Response System for Federal response to structural collapses resulting from acts of terrorism and other incidents as determined by the Secretary.CommentsClose CommentsPermalink

SEC. 3. NATIONAL URBAN SEARCH AND RESCUE RESPONSE SYSTEM.

(a) In General- Title V of the Homeland Security Act of 2002 (6 U.S.C. 311 et seq.) is amended by adding at the end the following:CommentsClose CommentsPermalink

`SEC. 522. NATIONAL URBAN SEARCH AND RESCUE RESPONSE SYSTEM.

`(a) In General- There is in the Department an emergency response system to be known as the `National Urban Search and Rescue Response System' (referred to in this section as the `System'). Through the System, the Secretary shall provide for a national network of standardized search and rescue resources to assist States and local governments in responding to structural collapses resulting from acts of terrorism and other incidents that the Secretary determines are appropriate.CommentsClose CommentsPermalink





`(b) Administration of System- The Secretary shall administer the System as follows:CommentsClose CommentsPermalink





`(1) The Secretary shall select and designate task forces to participate in the System. The Secretary shall determine the criteria for such participation.CommentsClose CommentsPermalink





`(2) The Secretary shall enter into an agreement with the sponsoring agency of each task force with respect to the participation of the task force in the System.CommentsClose CommentsPermalink





`(3) A task force may include States, local governments, private non-profit organizations, and for-profit entities as participating agencies, at the discretion of the sponsoring agency of the task force. The sponsoring agency may also, in its discretion, allow the task force to include individuals not otherwise associated with the sponsoring agency or a participating agency in the task force.CommentsClose CommentsPermalink





`(4) The Secretary shall maintain such management and other technical teams as the Secretary determines are necessary to administer the System.CommentsClose CommentsPermalink





`(c) Preparedness Cooperative Agreements- Subject to the availability of appropriations for such purpose, the Secretary shall enter into an annual preparedness cooperative agreement with each sponsoring agency. Amounts made available to a sponsoring agency under such a preparedness cooperative agreement shall be for the following purposes:CommentsClose CommentsPermalink





`(1) Training and exercises with other Federal, State, and local government response entities.CommentsClose CommentsPermalink





`(2) Acquisition and maintenance of equipment, including interoperable communications and personal protective equipment.CommentsClose CommentsPermalink





`(3) Medical monitoring required for responder safety, security, and health.CommentsClose CommentsPermalink





`(d) Response Cooperative Agreements- The Secretary shall enter into a response cooperative agreement with each sponsoring agency, as appropriate, under which the Secretary agrees to reimburse the sponsoring agency for costs incurred in responding to an incident described in subsection (a).CommentsClose CommentsPermalink





`(e) Appointment Into Federal Service-CommentsClose CommentsPermalink





`(1) IN GENERAL- In addition to the exercise of any other authorities under this section, the Secretary may appoint a System member for exercises, pre-incident staging, or major disaster, emergency response, or training events sponsored or sanctioned by the Agency without regard to the provisions of title 5, United States Code, governing appointments in the competitive service.CommentsClose CommentsPermalink





`(2) EMPLOYMENT STATUS- Regardless of any other employment status, a System member who is appointed into Federal service pursuant to this subsection is deemed an employee of a Federal agency for all purposes except--CommentsClose CommentsPermalink





`(A) subchapter III of chapter 83 of title 5, United States Code, pertaining to labor grievances, appeal and review, or any applicable retirement system;CommentsClose CommentsPermalink





`(B) chapter 87 of title 5, United States Code, pertaining to life insurance; andCommentsClose CommentsPermalink





`(C) chapter 89 of title 5, United States Code, pertaining to health insurance, or other applicable health benefits system unless the System member's appointment results in the loss of coverage in a group health benefits plan the premium of which has been paid in whole or in part by a State or local government contribution.CommentsClose CommentsPermalink





`(3) COMPENSATION- During a period of appointment into Federal service pursuant to this subsection--CommentsClose CommentsPermalink





`(A) the Secretary shall reimburse, through the sponsoring agency, the System member's pay and the employer contribution to any State or local government retirement, life insurance, or health benefit plans on behalf of the System member. A System member shall not be entitled to pay directly from the Agency; andCommentsClose CommentsPermalink





`(B) the Secretary shall reimburse, through the sponsoring agency, the pay and employer contribution to any State or local government retirement, life insurance, or health benefit plans of an employee who fills the position normally filled by a System member appointed into Federal service pursuant to this subsection to the extent that those costs are in excess of the costs that would have been incurred had the System member not been appointed into Federal service.CommentsClose CommentsPermalink





`(4) PERSONAL INJURY, ILLNESS, DISABILITY, OR DEATH-CommentsClose CommentsPermalink





`(A) IN GENERAL- A System member who is appointed into Federal service pursuant to this subsection and who suffers personal injury, illness, disability, or death as a result of personal injury sustained while in the performance of the member's duty during the appointment into Federal service shall, for the purposes of subchapter I of chapter 81 of title 5, United States Code, be treated as though the member were an employee (as defined by section 8101 of such title) who had sustained the injury in the performance of duty.CommentsClose CommentsPermalink





`(B) ELECTION OF BENEFITS- When a System member (or, in the case of the death of the System member, the System member's dependent) is entitled by reason of injury, illness, disability, or death to benefits under subchapter I of chapter 81 of title 5, United States Code, and is also entitled to benefits from a State or local government for the same injury, illness, disability, or death, the System member (or such dependent) shall elect which benefits the System member will receive. The election shall be made not later than 1 year after the injury, illness, disability or death, or such further time as the Secretary of Labor may allow for reasonable cause shown. When made, the election is irrevocable unless otherwise provided by law.CommentsClose CommentsPermalink





`(C) REIMBURSEMENT FOR STATE OR LOCAL BENEFITS- In the event that a System member elects benefits from a State or local government under subparagraph (B), the Secretary may reimburse that State or local government for the value of those benefits.CommentsClose CommentsPermalink





`(5) LIABILITY- A System member appointed into Federal service pursuant to this subsection is deemed an employee of the Agency for the purposes of the Federal Tort Claims Act and any other Federal third party liability statute.CommentsClose CommentsPermalink





`(6) EMPLOYMENT AND REEMPLOYMENT RIGHTS- The following apply with respect to a System member who is not a regular full-time employee of a sponsoring agency or participating agency during periods of appointment to Federal service pursuant to this subsection:CommentsClose CommentsPermalink





`(A) Service as a System member shall be deemed `service in the uniformed services' for purposes of chapter 43 of title 38, United States Code, pertaining to employment and reemployment rights of individuals who have performed service in the uniformed services (regardless of whether the individual receives compensation for such participation). All rights and obligations of such persons and procedures for assistance, enforcement, and investigation shall be as provided for in chapter 43 of title 38, United States Code.CommentsClose CommentsPermalink





`(B) Preclusion of giving notice of service by necessity of appointment under this section shall be deemed preclusion by `military necessity' for purposes of section 4312(b) of title 38, United States Code, pertaining to giving notice of absence from a position of employment. A determination of such necessity shall be made by the Secretary.CommentsClose CommentsPermalink





`(C) Subject to the availability of appropriations, the Secretary may recognize employer support of the deployment of National Urban Search and Rescue Response System members, and their cooperation to allow System members to receive authorized training.CommentsClose CommentsPermalink





`(f) Licenses and Permits- If a System member who is appointed into Federal service under this subsection holds a valid license, certificate, or other permit issued by any State or other governmental jurisdiction evidencing the member's qualifications in any professional, mechanical, or other skill or type of assistance required by the System, that System member shall be deemed to be performing a Federal activity when rendering aid involving such skill or assistance.CommentsClose CommentsPermalink





`(g) Advisory Subcommittee-CommentsClose CommentsPermalink





`(1) IN GENERAL- The Secretary shall establish and maintain an advisory subcommittee of the National Advisory Council established under section 508 to provide expert recommendations to the Secretary in order to assist the Secretary in administering the System.CommentsClose CommentsPermalink





`(2) COMPOSITION- The advisory subcommittee shall be composed of members from geographically diverse areas, and shall include--CommentsClose CommentsPermalink





`(A) the chief officer or senior executive from at least three sponsoring agencies;CommentsClose CommentsPermalink





`(B) the senior emergency manager from at least two States that have sponsoring agencies; andCommentsClose CommentsPermalink





`(C) at least one representative recommended by the leaders of the task forces.CommentsClose CommentsPermalink





`(h) Authorization of Appropriations- There is authorized to be appropriated for each of fiscal years 2008 through 2012, $52,000,000 for the National Urban Search and Rescue Response System. Of any amount made available pursuant to this subsection, not less than 80 percent of such amount shall be provided equally to each of the task forces to be used for preparedness activities.CommentsClose CommentsPermalink





`(i) Definitions- In this section:CommentsClose CommentsPermalink





`(1) The term `participating agency' means a State or local government, non-profit organization, or private organization that has executed an agreement with a sponsoring agency to participate in the System.CommentsClose CommentsPermalink





`(2) The term `sponsoring agency' means a State or local government that is the sponsor of a task force designated by the Secretary to participate in the System.CommentsClose CommentsPermalink





`(3) The term `System member' means an individual who is not a regular full-time employee of the Federal Government, who serves on a task force or on a System management or other technical team.CommentsClose CommentsPermalink





`(4) The term `task force' means an urban search and rescue team designated by the Secretary to participate in the System.'.CommentsClose CommentsPermalink





(b) Conforming Amendments-CommentsClose CommentsPermalink





(1) APPLICABILITY OF TITLE 5, UNITED STATES CODE- Section 8101(1) of title 5, United States Code, is amended--CommentsClose CommentsPermalink





(A) in subparagraph (D), by striking `and' at the end;CommentsClose CommentsPermalink





(B) in subparagraph (E), by inserting `; and' after the semicolon; andCommentsClose CommentsPermalink





(C) by adding at the end the following new subparagraph:CommentsClose CommentsPermalink





`(F) an individual who is a System member of the National Urban Search and Rescue Response System, when appointed into Federal service pursuant to section 522(f) of the Homeland Security Act of 2002.'.CommentsClose CommentsPermalink





(2) INCLUSION AS PART OF UNIFORMED SERVICES FOR PURPOSES OF USERRA- Section 4303 of title 38, United States Code, is amended--CommentsClose CommentsPermalink





(A) in paragraph (13), by adding at the end the following: `Such service also includes any authorized exercises, pre-incident staging, or major disaster, emergency response, or training events sponsored or sanctioned by the Department of Homeland Security and carried out by the National Urban Search and Rescue Response System under section 522 of the Homeland Security Act of 2002.'.CommentsClose CommentsPermalink





(B) in paragraph (16), by inserting after `Public Health Service,' the following: `, System members of the National Urban Search and Rescue Response System when engaged in any authorized exercise, pre-incident staging, activation, or major disaster, emergency response, or training event sponsored or sanctioned by the Federal Emergency Management Agency,'.CommentsClose CommentsPermalink