[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4183 Introduced in House (IH)]







110th CONGRESS
  1st Session
                                H. R. 4183

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


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           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 concerned

_______________________________________________________________________

                                 A BILL


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

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

SECTION 1. SHORT TITLE.

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

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.

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:

``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.
    ``(b) Administration of System.--The Secretary shall administer the 
System as follows:
            ``(1) The Secretary shall select and designate task forces 
        to participate in the System. The Secretary shall determine the 
        criteria for such participation.
            ``(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.
            ``(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.
            ``(4) The Secretary shall maintain such management and 
        other technical teams as the Secretary determines are necessary 
        to administer the System.
    ``(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:
            ``(1) Training and exercises with other Federal, State, and 
        local government response entities.
            ``(2) Acquisition and maintenance of equipment, including 
        interoperable communications and personal protective equipment.
            ``(3) Medical monitoring required for responder safety, 
        security, and health.
    ``(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).
    ``(e) Appointment Into Federal Service.--
            ``(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.
            ``(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--
                    ``(A) subchapter III of chapter 83 of title 5, 
                United States Code, pertaining to labor grievances, 
                appeal and review, or any applicable retirement system;
                    ``(B) chapter 87 of title 5, United States Code, 
                pertaining to life insurance; and
                    ``(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.
            ``(3) Compensation.--During a period of appointment into 
        Federal service pursuant to this subsection--
                    ``(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; and
                    ``(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.
            ``(4) Personal injury, illness, disability, or death.--
                    ``(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.
                    ``(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.
                    ``(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.
            ``(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.
            ``(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:
                    ``(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.
                    ``(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.
                    ``(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.
    ``(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.
    ``(g) Advisory Subcommittee.--
            ``(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.
            ``(2) Composition.--The advisory subcommittee shall be 
        composed of members from geographically diverse areas, and 
        shall include--
                    ``(A) the chief officer or senior executive from at 
                least three sponsoring agencies;
                    ``(B) the senior emergency manager from at least 
                two States that have sponsoring agencies; and
                    ``(C) at least one representative recommended by 
                the leaders of the task forces.
    ``(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.
    ``(i) Definitions.--In this section:
            ``(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.
            ``(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.
            ``(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.
            ``(4) The term `task force' means an urban search and 
        rescue team designated by the Secretary to participate in the 
        System.''.
    (b) Conforming Amendments.--
            (1) Applicability of title 5, united states code.--Section 
        8101(1) of title 5, United States Code, is amended--
                    (A) in subparagraph (D), by striking ``and'' at the 
                end;
                    (B) in subparagraph (E), by inserting ``; and'' 
                after the semicolon; and
                    (C) by adding at the end the following new 
                subparagraph:
                    ``(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.''.
            (2) Inclusion as part of uniformed services for purposes of 
        userra.--Section 4303 of title 38, United States Code, is 
        amended--
                    (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.''.
                    (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,''.
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