[Congressional Record Volume 162, Number 176 (Wednesday, December 7, 2016)]
[House]
[Pages H7310-H7312]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
NATIONAL URBAN SEARCH AND RESCUE RESPONSE SYSTEM ACT OF 2016
Mr. BARLETTA. Mr. Speaker, I move to suspend the rules and pass the
bill (S. 2971) to authorize the National Urban Search and Rescue
Response System, as amended.
The Clerk read the title of the bill.
The text of the bill is as follows:
S. 2971
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 2016''.
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 shall 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 the
term in section 602.
``(4) Nonemployee system member.--The term `nonemployee
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 and 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 Administration 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 with respect to the
participation of each task force in the System.
``(3) Composition.--
``(A) Participating agencies.--A task force may include, at
the discretion of the sponsoring agency, 1 or more
participating agencies. The sponsoring agency shall enter
into an agreement with each participating agency 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, other individuals
not otherwise associated with the sponsoring agency or a
participating agency. 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 considered
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 nonemployee System
member on the task force for any period during which the
nonemployee 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 be used 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
[[Page H7311]]
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.--A System member (or, in the case of the
death of the System member, the System member's dependent)
who is entitled 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
to receive benefits from a State or local government by
reason of the same personal injury, illness, disability or
death shall elect to--
``(i) receive benefits under such subchapter; or
``(ii) receive benefits from the State or local government.
``(B) Deadline.--A System member or dependent shall make an
election of benefits under subparagraph (A) not later than 1
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, if a System member or dependent elects to
receive benefits from a State or local government under
paragraph (2)(A), the Administrator shall reimburse the State
or local government for the value of the benefits.
``(4) Public safety officer claims.--Nothing in this
subsection shall be construed to bar any claim by, or with
respect to, any System member who is a public safety officer,
as defined in section 1204 of title I of the Omnibus Crime
Control and Safe Streets Act of 1968 (42 U.S.C. 3796b), for
any benefits authorized under part L of title I of that Act
(42 U.S.C. 3796 et seq.).
``(i) Liability.--A System member appointed into Federal
service under subsection (f)(1), while acting within the
scope of the appointment, shall be considered to be an
employee of the Federal 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.--Service as a System member shall be
considered to be `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.--Preclusion of giving notice of service
by necessity of appointment under this section shall be
considered to be 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 is 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) Preparedness Cooperative Agreements.--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:
``(1) Training and exercises, including 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 and
health in anticipation of and following a major disaster,
emergency, or other hazard, as determined by the
Administrator.
``(m) 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.
``(n) Obligations.--The Administrator may incur all
necessary obligations consistent with this section in order
to ensure the effectiveness of the System.
``(o) Equipment Maintenance and Replacement.--Not later
than 180 days after the date of enactment of this section,
the Administrator shall submit to the appropriate
congressional committees (as defined in section 2 of the
Homeland Security Act of 2002 (6 U.S.C. 101)) a report on the
development of a plan, including implementation steps and
timeframes, to finance, maintain, and replace System
equipment.''.
(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 transferring subparagraph (F) to between
subparagraph (E) and the matter following subparagraph (E);
(C) in subparagraph (F)--
(i) by striking ``United States Code,''; and
(ii) 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 ``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,'' after ``Public Health Service,''.
(c) Technical Amendment.--Section 1086(d) of the National
Defense Authorization Act for Fiscal Year 2013 is amended as
follows (which amendments shall take effect as if enacted on
January 2, 2013)--
(1) in paragraph (1)--
(A) by striking ``paragraph (1)'' and inserting ``paragraph
(2)''; and
(B) in subparagraph (B) by striking ``filed or'' and
inserting ``filed (consistent with pre-existing effective
dates) or''; and
(2) in paragraph (2)(A), by striking ``amendments made by
this Act'' and inserting ``amendments made to section 1204 of
the Omnibus Crime Control and Safe Streets Act of 1968 (42
U.S.C. 3796b) by this Act''.
The SPEAKER pro tempore. Pursuant to the rule, the gentleman from
Pennsylvania (Mr. Barletta) and the gentleman from Tennessee (Mr.
Cohen) each will control 20 minutes.
The Chair recognizes the gentleman from Pennsylvania.
General Leave
Mr. BARLETTA. Mr. Speaker, I ask unanimous consent that all Members
may have 5 legislative days in which to revise and extend their remarks
and include extraneous material on S. 2971, as amended.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from Pennsylvania?
There was no objection.
Mr. BARLETTA. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, let me begin by thanking Chairman Shuster for his
tremendous support and leadership on this issue. For over 8 years, the
bipartisan leadership of the Transportation and Infrastructure
Committee has been the driving force behind trying to get these reforms
through Congress, and, today, we are closer than ever.
I also want to thank Ranking Member DeFazio and Ranking Member Carson
for their bipartisan support.
The House unanimously passed a nearly identical measure earlier this
year as part of the FEMA Disaster Assistance Reform Act, H.R. 1471.
Today, when members of the search and rescue teams are federalized
and sent across State lines, they don't know who, if anyone, will pay
for their injuries, disabilities, or death. So S. 2971 addresses that
issue and clarifies that longstanding concern which has hindered the
deployment of critical search and rescue teams between States.
Currently, there are 28 USAR teams across the Nation. Members of
these teams are cross-trained in areas such as search, rescue, medical,
hazardous materials, and logistics. The teams include firefighters,
physicians, structural engineers, and first responders, and they are
trained and equipped with help from FEMA. While the members of these
teams are not Federal, they do not hesitate to respond to disasters in
other States.
These teams have been deployed over the years to numerous disasters,
including the Pentagon and World Trade Center on 9/11, Hurricane Sandy,
and, most recently, Hurricane Matthew. The challenge has been that when
these team members are federalized,
[[Page H7312]]
they do not have clarity on who would be responsible if they were
injured or even killed while performing their jobs.
It is amazing that we ask these men and women to go into collapsed
structures to search for trapped survivors, risking life and limb,
without providing them with clarity when it comes to liability and
injuries.
The stories of the selfless heroism of these men and women are
numerous and humbling. Their work is tireless, physically and
emotionally demanding, and nerve-racking.
In Hurricane Matthew, one team helped make more than 100 rescues in
North Carolina alone, including the rescue of a 98-year-old hospice
patient, when they had to go into areas where the water was 5 to 7 feet
above street level, and they could only see the tops of the street
signs.
In the aftermath of Hurricane Sandy, a single task force rescued more
than 850 individuals in 17 hours from a flooded area overwhelmed by a
tidal surge. And there are hundreds more such as these accounts.
These heroes play an essential role in the Federal response to
national disasters and catastrophes. In addition, the National USAR
system benefits our State, local, and regional emergency managers and
first responders through training, equipment, and preparedness.
The local government and other entities that sponsor the members of
the teams should not have to worry about being left vulnerable or
exposed by allowing their employees to participate in such a critical
national asset.
After 8 years, it is time to give men and women who put their lives
at risk the liability protections they and their families need and
deserve. I urge my colleagues to support this bill.
I reserve the balance of my time.
Mr. COHEN. Mr. Speaker, I yield myself such time as I may consume.
First, I would like to compliment the Senate on passing the bill we
passed last week, the 21st Century Cures Act, which will help research
and save the lives of many Americans, something we did in a bipartisan
fashion. I am pleased that that happened.
I rise in support of S. 2971, the National Urban Search and Rescue
Response System Act of 2016, as amended, which codifies the Urban
Search and Rescue Response System.
Authorizing the urban search and rescue teams, better known as USAR
teams, and codifying protections for team members, such as workers'
comp and liability protections, have been a top priority of mine since
I first introduced a bill to do so in 2007, my first year in Congress.
I was pleased that the late former Democratic Transportation and
Infrastructure Chairman, an outstanding Member, Mr. Oberstar, now
deceased, included my USAR language in a bill that was reported from
the committee in 2010. Since then, legislation authorizing USAR teams
has passed the House several times, and now the Senate has passed one
as well.
{time} 1515
The 28 urban search and rescue teams that are strategically located
across the United States provide timely response when needed in the
aftermath of a disaster. In fact, USAR teams can be ready for
deployment within 6 hours of being called up.
These specialized teams of first responders provide search and rescue
services, extraction from structural collapses, and swift, rapid
rescue, among other activities, after disaster strikes. Their
dedication is truly commendable, as they drop everything in their busy
daily lives to come to the prompt assistance of others when needed.
It should be noted that USAR teams even respond internationally when
assistance is requested. In fact, two USAR teams deployed in the
aftermath of Nepal's earthquakes in 2015 and were responsible for many
rescues from structural collapses.
It is only appropriate that we ensure that they have the protection
they need to perform their jobs as well as the peace of mind that will
come from clarity in compensation and liability issues.
USAR teams may be composed of firefighters, law enforcement officers,
paramedics, engineers, medical professionals, and canine handlers.
Often, these team members are civil servants. By extending job
protection benefits when activated for Federal service, team members
know that their jobs will be waiting at home for them. In addition, it
helps USAR teams recruit and retain new members.
Tennessee's USAR, known as Tennessee Task Force One, has a strong
commitment to their jobs, and they do an extraordinarily good job.
Tennessee Task Force One is based in Memphis, Tennessee, and consists
of firefighters, police officers, and civilians; and they responded
when called to assist in the aftermath of disasters, such as Hurricane
Matthew in South Carolina and, most recently, for the tragic wildfires
in our Smoky Mountains. They did so despite the uncertainty of whether
they would be covered for any injuries.
Their actions are truly heroic, and I applaud them and their
dedication. The protections in today's bill are long overdue, and team
members can now rest assured that they will be taken care of if they
are injured when performing Federal duties.
I am sadly disappointed, though, that the Republican leadership is
once again selectively choosing when and when not to enforce its budget
rules. The underlying Senate bill we are considering authorized ``such
sums as necessary'' to carry out the USAR system. Despite the House
having passed a bill authorizing ``such sums as necessary'' for the
Integrated Public Alert and Warning System earlier this year, we are
now told that this authorization violates budget rules and an amendment
and further consideration by the Senate is required.
As a result, USAR team members must wait another day before we afford
them the protections that they deserve. They deserve better, and they
deserve laws that will ensure that Congress will appropriate adequate
funds to support them and their activities.
I thank all the USAR teams for their service, and I thank Mr.
Barletta for working on this bill as well. I urge my colleagues to
support our USAR teams by supporting the legislation.
Mr. Speaker, I have no further speakers.
I yield back the balance of my time.
Mr. BARLETTA. Mr. Speaker, I again urge my colleagues to vote ``yes''
on S. 2971.
I yield back the balance of my time.
The SPEAKER pro tempore. The question is on the motion offered by the
gentleman from Pennsylvania (Mr. Barletta) that the House suspend the
rules and pass the bill, S. 2971, as amended.
The question was taken.
The SPEAKER pro tempore. In the opinion of the Chair, two-thirds
being in the affirmative, the ayes have it.
Mr. BARLETTA. Mr. Speaker, on that I demand the yeas and nays.
The yeas and nays were ordered.
The SPEAKER pro tempore. Pursuant to clause 8 of rule XX, further
proceedings on this motion will be postponed.
____________________