National Urban Search and Rescue Response System Act of 2016

To authorize 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 2016 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. 327. National Urban Search and Rescue Response System (a) Definitions In this section, the following definitions shall apply: (1) Administrator The term Administrator (2) Agency The term Agency (3) Hazard The term hazard (4) Nonemployee system member The term nonemployee System member (5) Participating agency The term participating agency (6) Sponsoring agency The term sponsoring agency (7) System The term System (8) System member The term System member (9) Task force The term task force (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 (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 (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. 3769b 3796b 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 chapter 43 (2) Preclusion Preclusion of giving notice of service by necessity of appointment under this section shall be considered to be preclusion by military necessity (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 (p) Authorization of appropriations There is authorized to be appropriated to carry out the System and the provisions of this section such sums as are necessary for each of fiscal years 2017, 2018, and 2019. . (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) , and (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, (ii) by adding 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) , , 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 , and a period (B) in paragraph (16) , 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, Public Health Service, August 30, 2016 Reported with an amendment

Summary: (This measure has not been amended since it was passed by the House on December 7, 2016. The summary of that version is repeated here.) National Urban Search and Rescue Response System Act of 2016 (Sec. 2) This bill amends the Robert T. Stafford Disaster Relief and Emergency Assistance Act to direct the Federal Emergency Management Agency (FEMA) to: (1) continue to administer the National Urban Search and Rescue Response System; (2) provide for a national network of standardized search and rescue resources to assist states and local governments in responding to hazards; (3) designate urban search and rescue teams to participate in the system, determine participation criteria, and enter into an agreement with the state or local government agency sponsoring each team with respect to such participation; and (4) maintain management and technical teams necessary to administer the system. FEMA may appoint a system member for a period of federal service to provide for the participation of such member in exercises, pre-incident staging, major disaster and emergency response activities, and training events sponsored or sanctioned by FEMA. FEMA shall enter into: (1) an annual preparedness cooperative agreement under which amounts shall be made available to a sponsoring agency for training and exercises, acquisition and maintenance of equipment, and medical monitoring required for responder safety and health; and (2) a response cooperative agreement under which FEMA shall reimburse a sponsoring agency for costs incurred in responding to a major disaster or emergency. FEMA shall submit a report on the development of a plan to finance, maintain, and replace system equipment.