[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 706 Introduced in House (IH)]

111th CONGRESS
  1st Session
                                H. R. 706

     To amend the Robert T. Stafford Disaster Relief and Emergency 
  Assistance Act to direct the Administrator of the Federal Emergency 
 Management Agency to continue to administer the National Urban Search 
          and Rescue Response System, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            January 27, 2009

   Mr. Cohen (for himself, Ms. Norton, and Mr. Mario Diaz-Balart of 
   Florida) introduced the following bill; which was referred to the 
             Committee on Transportation and Infrastructure

_______________________________________________________________________

                                 A BILL


 
     To amend the Robert T. Stafford Disaster Relief and Emergency 
  Assistance Act to direct the Administrator of the Federal Emergency 
 Management Agency to continue to administer the National Urban Search 
          and Rescue Response System, and for other purposes.

    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 2009''.

SEC. 2. NATIONAL URBAN SEARCH AND RESCUE RESPONSE SYSTEM.

    (a) In General.--Title III of the Robert T. Stafford Disaster 
Relief and Emergency Assistance Act (42 U.S.C. 5141 et seq.) is amended 
by adding at the end the following:

``SEC. 327. NATIONAL URBAN SEARCH AND RESCUE RESPONSE SYSTEM.

    ``(a) Definitions.--In this section, the following definitions 
apply:
            ``(1) Administrator.--The term `Administrator' means the 
        Administrator of the Federal Emergency Management Agency.
            ``(2) Agency.--The term `Agency' means the Federal 
        Emergency Management Agency.
            ``(3) Hazard.--The term `hazard' has the meaning given that 
        term by section 602.
            ``(4) Non-employee system member.--The term `non-employee 
        System member' means a System member not employed by a 
        sponsoring agency or participating agency.
            ``(5) Participating agency.--The term `participating 
        agency' means a State or local government, nonprofit 
        organization, or private organization that has executed an 
        agreement with a sponsoring agency to participate in the 
        System.
            ``(6) Sponsoring agency.--The term `sponsoring agency' 
        means a State or local government that is the sponsor of a task 
        force designated by the Administrator to participate in the 
        System.
            ``(7) System.--The term `System' means the National Urban 
        Search and Rescue Response System to be administered under this 
        section.
            ``(8) System member.--The term `System member' means an 
        individual who is not a full-time employee of the Federal 
        Government, who serves on a task force or on a System 
        management or other technical team.
            ``(9) Task force.--The term `task force' means an urban 
        search and rescue team designated by the Administrator to 
        participate in the System.
    ``(b) General Authority.--Subject to the requirements of this 
section, the Administrator shall continue to administer the emergency 
response system known as the `National Urban Search and Rescue Response 
System'.
    ``(c) Functions.--In administering the System, the Administrator 
shall provide for a national network of standardized search and rescue 
resources to assist States and local governments in responding to 
hazards.
    ``(d) Task Forces.--
            ``(1) Designation.--The Administrator shall designate task 
        forces to participate in the System. The Administrator shall 
        determine the criteria for such participation.
            ``(2) Sponsoring agencies.--Each task force shall have a 
        sponsoring agency. The Administrator 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) Composition.--
                    ``(A) Participating agencies.--A task force may 
                include, at the discretion of the sponsoring agency of 
                the task force, one or more participating agencies. The 
                sponsoring agency of a task force shall enter into an 
                agreement with each participating agency of the task 
                force with respect to the participation of the 
                participating agency on the task force.
                    ``(B) Other individuals.--A task force may also 
                include, at the discretion of the sponsoring agency of 
                the task force, other individuals not otherwise 
                associated with the sponsoring agency or a 
                participating agency of the task force. The sponsoring 
                agency of a task force may enter into a separate 
                agreement with each such individual with respect to the 
                participation of the individual on the task force.
    ``(e) Management and Technical Teams.--The Administrator shall 
maintain such management teams and other technical teams as the 
Administrator determines are necessary to administer the System.
    ``(f) Appointment of System Members Into Federal Service.--
            ``(1) In general.--The Administrator may appoint a System 
        member into Federal service for a period of service to provide 
        for the participation of the System member in exercises, 
        preincident staging, major disaster and emergency response 
        activities, and training events sponsored or sanctioned by the 
        Administrator.
            ``(2) Nonapplicability of certain civil service laws.--The 
        Administrator may make appointments under paragraph (1) without 
        regard to the provisions of title 5, United States Code, 
        governing appointments in the competitive service.
            ``(3) Relationship to other authorities.--The authority of 
        the Administrator to make appointments under this subsection 
        shall not affect any other authority of the Administrator under 
        this Act.
            ``(4) Limitation.--A System member who is appointed into 
        Federal service under paragraph (1) shall not be deemed an 
        employee of the United States for purposes other than those 
        specifically set forth in this section.
    ``(g) Compensation.--
            ``(1) Pay of system members.--Subject to such terms and 
        conditions as the Administrator may impose by regulation, the 
        Administrator shall make payments to the sponsoring agency of a 
        task force--
                    ``(A) to reimburse each employer of a System member 
                on the task force for compensation paid by the employer 
                to the System member for any period during which the 
                System member is appointed into Federal service under 
                subsection (f)(1); and
                    ``(B) to make payments directly to a non-employee 
                System member on the task force for any period during 
                which the non-employee System member is appointed into 
                Federal service under subsection (f)(1).
            ``(2) Reimbursement for employees filling positions of 
        system members.--
                    ``(A) In general.--Subject to such terms and 
                conditions as the Administrator may impose by 
                regulation, the Administrator shall make payments to 
                the sponsoring agency of a task force to reimburse each 
                employer of a System member on the task force for 
                compensation paid by the employer to an employee 
                filling a position normally filled by the System member 
                for any period during which the System member is 
                appointed into Federal service under subsection (f)(1).
                    ``(B) Limitation.--Costs incurred by an employer 
                shall be eligible for reimbursement under subparagraph 
                (A) only to the extent that the costs are in excess of 
                the costs that would have been incurred by the employer 
                had the System member not been appointed into Federal 
                service under subsection (f)(1).
            ``(3) Method of payment.--A System member shall not be 
        entitled to pay directly from the Agency for a period during 
        which the System member is appointed into Federal service under 
        subsection (f)(1).
    ``(h) Personal Injury, Illness, Disability, or Death.--
            ``(1) In general.--A System member who is appointed into 
        Federal service under subsection (f)(1) and who suffers 
        personal injury, illness, disability, or death as a result of a 
        personal injury sustained while acting in the scope of such 
        appointment 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 that 
        title) who had sustained the injury in the performance of duty.
            ``(2) Election of benefits.--
                    ``(A) In general.--If a System member (or, in the 
                case of the death of the System member, the System 
                member's dependent) is entitled--
                            ``(i) under paragraph (1) to receive 
                        benefits under subchapter I of chapter 81 of 
                        title 5, United States Code, by reason of 
                        personal injury, illness, disability, or death, 
                        and
                            ``(ii) to receive benefits from a State or 
                        local government by reason of the same personal 
                        injury, illness, disability, or death,
                the System member or dependent shall elect to receive 
                either the benefits referred to in clause (i) or (ii).
                    ``(B) Deadline.--A System member or dependent shall 
                make an election of benefits under subparagraph (A) not 
                later than one year after the date of the personal 
                injury, illness, disability, or death that is the 
                reason for the benefits or until such later date as the 
                Secretary of Labor may allow for reasonable cause 
                shown.
                    ``(C) Effect of election.--An election of benefits 
                made under this paragraph is irrevocable unless 
                otherwise provided by law.
            ``(3) Reimbursement for state or local benefits.--Subject 
        to such terms and conditions as the Administrator may impose by 
        regulation, in the event that a System member or dependent 
        elects benefits from a State or local government under 
        paragraph (2)(A), the Administrator shall reimburse the State 
        or local government for the value of those benefits.
    ``(i) Liability.--A System member appointed into Federal service 
under subsection (f)(1), while acting within the scope of the 
appointment, is deemed an employee of the Government under section 
1346(b) of title 28, United States Code, and chapter 171 of that title, 
relating to tort claims procedure.
    ``(j) Employment and Reemployment Rights.--With respect to a System 
member who is not a regular full-time employee of a sponsoring agency 
or participating agency, the following terms and conditions apply:
            ``(1) Service as a System member shall be deemed `service 
        in the uniformed services' for purposes of chapter 43 of title 
        38, United States Code, relating 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 such 
        chapter.
            ``(2) 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 Administrator and shall not be 
        subject to judicial review.
    ``(k) Licenses and Permits.--If a System member 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, the System member shall be deemed to be performing a 
Federal activity when rendering aid involving such skill or assistance 
during a period of appointment into Federal service under subsection 
(f)(1).
    ``(l) Advisory Committee.--
            ``(1) In general.--The Administrator shall establish and 
        maintain an advisory committee to provide expert 
        recommendations to the Administrator in order to assist the 
        Administrator in administering the System.
            ``(2) Composition.--The advisory committee shall be 
        composed of members from geographically diverse areas, and 
        shall include--
                    ``(A) the chief officer or senior executive from at 
                least 3 sponsoring agencies;
                    ``(B) the senior emergency manager from at least 2 
                States that include sponsoring agencies; and
                    ``(C) at least one representative recommended by 
                the leaders of the task forces.
            ``(3) Inapplicability of termination requirement.--Section 
        14(a)(2) of the Federal Advisory Committee Act (5 U.S.C. App.) 
        shall not apply to the advisory committee under this 
        subsection.
    ``(m) Preparedness Cooperative Agreements.--
            ``(1) In general.--Subject to the availability of 
        appropriations for such purpose, the Administrator 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:
                    ``(A) Training and exercises, including training 
                and exercises with other Federal, State, and local 
                government response entities.
                    ``(B) Acquisition and maintenance of equipment, 
                including interoperable communications and personal 
                protective equipment.
                    ``(C) Medical monitoring required for responder 
                safety and health in anticipation of and following a 
                major disaster, emergency, or other hazard, as 
                determined by the Administrator.
            ``(2) Availability of appropriations.--Notwithstanding 
        section 1552(b) of title 31, United States Code, amounts made 
        available for cooperative agreements under this subsection that 
        are not expended shall be deposited in an Agency account and 
        shall remain available for such agreements without fiscal year 
        limitation.
    ``(n) Response Cooperative Agreements.--The Administrator shall 
enter into a response cooperative agreement with each sponsoring 
agency, as appropriate, under which the Administrator agrees to 
reimburse the sponsoring agency for costs incurred by the sponsoring 
agency in responding to a major disaster or emergency.
    ``(o) Obligations.--The Administrator may incur all necessary 
obligations consistent with this section in order to ensure the 
effectiveness of the System.
    ``(p) Authorization of Appropriations.--
            ``(1) In general.--There is authorized to be appropriated 
        to carry out this section $52,000,000 for each of fiscal years 
        2009, 2010, and 2011. Such sums shall be in addition to amounts 
        made available from the Disaster Relief Fund for response 
        cooperative agreements entered into under subsection (n).
            ``(2) Administrative expenses.--The Administrator may use 
        not to exceed 6 percent of the funds appropriated for a fiscal 
        year pursuant to paragraph (1) for salaries, expenses, and 
        other administrative costs incurred by the Administrator in 
        carrying out this section.''.
    (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) by moving subparagraph (F) to appear after 
                subparagraph (E);
                    (C) in subparagraph (F) by adding ``and'' at the 
                end; and
                    (D) by inserting after subparagraph (F) the 
                following:
                    ``(G) an individual who is a System member of the 
                National Urban Search and Rescue Response System during 
                a period of appointment into Federal service pursuant 
                to section 327 of the Robert T. Stafford Disaster 
                Relief and Emergency Assistance Act;''.
            (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 inserting ``, a period for 
                which a System member of the National Urban Search and 
                Rescue Response System is absent from a position of 
                employment due to an appointment into Federal service 
                under section 327 of the Robert T. Stafford Disaster 
                Relief and Emergency Assistance Act'' before ``, and a 
                period''; and
                    (B) in paragraph (16) by inserting after ``Public 
                Health Service,'' the following: ``System members of 
                the National Urban Search and Rescue Response System 
                during a period of appointment into Federal service 
                under section 327 of the Robert T. Stafford Disaster 
                Relief and Emergency Assistance Act,''.
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