National Urban Search and Rescue Response System Act of 2007 - Amends the Homeland Security Act of 2002 to codify provisions establishing in the Department of Homeland Security (DHS) the National Urban Search and Rescue Response System, under which the Secretary of Homeland Security shall provide for a national network of standardized search and rescue resources to assist state and local governments in responding to structural collapses resulting from terrorist acts and other incidents.
Directs the Secretary to: (1) select and designate task forces to participate in the System and determine criteria for participation; (2) enter into an agreement with the sponsoring agency of each task force regarding participation; and (3) maintain such management and technical teams as the Secretary deems necessary. Authorizes a task force to include states, local governments, private nonprofit organizations, and for-profit entities.
Directs the Secretary (subject to specified limitations) to enter into, with each sponsoring agency: (1) an annual preparedness cooperative agreement; and (2) a response cooperative agreement, under which the Secretary agrees to reimburse agency costs incurred in responding to incidents.
Authorizes the Secretary to appoint a System member for sponsored or sanctioned exercises, pre-incident staging, or major disaster, emergency response, or training events. Sets forth provisions regarding: (1) appointment into federal service, including employment status, compensation, treatment as an employee in the event of personal injury, illness, disability, or death, liability, and employment and re-employment rights; and (2) licenses and permits. Directs the Secretary to establish and maintain an advisory subcommittee of the National Advisory Council.
[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,''.
<all>
Introduced in House
Introduced in House
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.
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.
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.
Sponsor introductory remarks on measure. (CR E2435)
Referred to the Subcommittee on Economic Development, Public Buildings and Emergency Management.
Referred to the Subcommittee on Emergency Communications, Preparedness, and Response.
Subcommittee Consideration and Mark-up Session Held.
Forwarded by Subcommittee to Full Committee by the Yeas and Nays: 7 - 0 .
Llama 3.2 · runs locally in your browser
Ask anything about this bill. The AI reads the full text to answer.
Enter to send · Shift+Enter for new line