110 HR 4183 IH: National Urban Search and Rescue U.S. House of Representatives 2007-11-14 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.
I 110th CONGRESS 1st Session H. R. 4183 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.
1.
Short title
This Act may be cited as the National Urban Search and Rescue Response System Act of 2007.
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.
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:
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,”.