PUBLIC LAW 114–326—DEC. 16, 2016 

NATIONAL URBAN SEARCH AND RESCUE 

RESPONSE SYSTEM ACT OF 2016 


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130 STAT. 1968 PUBLIC LAW 114–326—DEC. 16, 2016 

Public Law 114–326 

114th Congress 

An Act 

To authorize 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 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. 

Applicability. 

42 USC 5165f. 

42 USC 5121 

note. 

National Urban 

Search and 

Rescue Response 

System Act of 

2016. 

Dec. 16, 2016 

[S. 2971] 


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PUBLIC LAW 114–326—DEC. 16, 2016 130 STAT. 1969 

‘‘(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, one 

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, 

Determination. 

Criteria. 

Contracts. 


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130 STAT. 1970 PUBLIC LAW 114–326—DEC. 16, 2016 

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 

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, 

Reimbursement. 


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PUBLIC LAW 114–326—DEC. 16, 2016 130 STAT. 1971 

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 

Determination. 

Applicability. 


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130 STAT. 1972 PUBLIC LAW 114–326—DEC. 16, 2016 

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 

Deadline. 

Reports. 

Implementation 

plan. 


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PUBLIC LAW 114–326—DEC. 16, 2016 130 STAT. 1973 

LEGISLATIVE HISTORY—S. 2971: 

SENATE REPORTS: No. 114–307 (Comm. on Homeland Security and Governmental 

Affairs). 

CONGRESSIONAL RECORD, Vol. 162 (2016): 

Nov. 30, considered and passed Senate. 

Dec. 7, considered and passed House, amended. 

Dec. 9, Senate concurred in House amendment. 

Æ 

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’’. 

Approved December 16, 2016. 

42 USC 3791 

note. 


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