I 
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 Infrastruc-
ture, and in addition to the Committee on Homeland Security, for a pe-
riod to be subsequently determined by the Speaker, in each case for con-
sideration of such provisions as fall within the jurisdiction of the com-
mittee 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 Representa-
tives 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 
VerDate Aug 31 2005 
22:44 Nov 17, 2007
Jkt 069200
PO 00000
Frm 00001
Fmt 6652
Sfmt 6201
E:\BILLS\H4183.IH
H4183
rwilkins on PROD1PC63 with BILLS
Urban Search and Rescue Response System for Federal 
response to structural collapses resulting from acts of ter-
rorism 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 RE-
SPONSE 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 standard-
ized search and rescue resources to assist States and local 
governments in responding to structural collapses result-
ing 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 Sec-
retary shall determine the criteria for such participa-
tion. 
VerDate Aug 31 2005 
23:34 Nov 16, 2007
Jkt 069200
PO 00000
Frm 00002
Fmt 6652
Sfmt 6201
E:\BILLS\H4183.IH
H4183
rwilkins on PROD1PC63 with BILLS
‘‘(2) The Secretary shall enter into an agree-
ment 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 gov-
ernments, private non-profit organizations, and for- 
profit entities as participating agencies, at the dis-
cretion of the sponsoring agency of the task force. 
The sponsoring agency may also, in its discretion, 
allow the task force to include individuals not other-
wise associated with the sponsoring agency or a par-
ticipating agency in the task force. 
‘‘(4) The Secretary shall maintain such man-
agement 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 pur-
pose, the Secretary shall enter into an annual prepared-
ness 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. 
VerDate Aug 31 2005 
23:34 Nov 16, 2007
Jkt 069200
PO 00000
Frm 00003
Fmt 6652
Sfmt 6201
E:\BILLS\H4183.IH
H4183
rwilkins on PROD1PC63 with BILLS
‘‘(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 agree-
ment with each sponsoring agency, as appropriate, under 
which the Secretary agrees to reimburse the sponsoring 
agency for costs incurred in responding to an incident de-
scribed in subsection (a). 
‘‘(e) APPOINTMENT INTO FEDERAL SERVICE.— 
‘‘(1) IN GENERAL.—In addition to the exercise 
of any other authorities under this section, the Sec-
retary 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 sub-
section is deemed an employee of a Federal agency 
for all purposes except— 
VerDate Aug 31 2005 
23:34 Nov 16, 2007
Jkt 069200
PO 00000
Frm 00004
Fmt 6652
Sfmt 6201
E:\BILLS\H4183.IH
H4183
rwilkins on PROD1PC63 with BILLS
‘‘(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 con-
tribution. 
‘‘(3) COMPENSATION.—During a period of ap-
pointment into Federal service pursuant to this sub-
section— 
‘‘(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 
VerDate Aug 31 2005 
23:34 Nov 16, 2007
Jkt 069200
PO 00000
Frm 00005
Fmt 6652
Sfmt 6201
E:\BILLS\H4183.IH
H4183
rwilkins on PROD1PC63 with BILLS
‘‘(B) 
the 
Secretary 
shall 
reimburse, 
through the sponsoring agency, the pay and 
employer contribution to any State or local gov-
ernment retirement, life insurance, or health 
benefit plans of an employee who fills the posi-
tion normally filled by a System member ap-
pointed into Federal service pursuant to this 
subsection to the extent that those costs are in 
excess of the costs that would have been in-
curred had the System member not been ap-
pointed 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 in-
jury, illness, disability, or death as a result of 
personal injury sustained while in the perform-
ance of the member’s duty during the appoint-
ment into Federal service shall, for the pur-
poses of subchapter I of chapter 81 of title 5, 
United States Code, be treated as though the 
member were an employee (as defined by sec-
tion 8101 of such title) who had sustained the 
injury in the performance of duty. 
VerDate Aug 31 2005 
23:34 Nov 16, 2007
Jkt 069200
PO 00000
Frm 00006
Fmt 6652
Sfmt 6201
E:\BILLS\H4183.IH
H4183
rwilkins on PROD1PC63 with BILLS
‘‘(B) ELECTION OF BENEFITS.—When a 
System member (or, in the case of the death of 
the System member, the System member’s de-
pendent) 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 reason-
able 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 Sec-
retary may reimburse that State or local gov-
ernment 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 
VerDate Aug 31 2005 
23:34 Nov 16, 2007
Jkt 069200
PO 00000
Frm 00007
Fmt 6652
Sfmt 6201
E:\BILLS\H4183.IH
H4183
rwilkins on PROD1PC63 with BILLS
of the Federal Tort Claims Act and any other Fed-
eral third party liability statute. 
‘‘(6) 
EMPLOYMENT
AND
REEMPLOYMENT 
RIGHTS.—The following apply with respect to a Sys-
tem member who is not a regular full-time employee 
of a sponsoring agency or participating agency dur-
ing periods of appointment to Federal service pursu-
ant 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 re-
employment rights of individuals who have per-
formed service in the uniformed services (re-
gardless of whether the individual receives com-
pensation 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 neces-
sity’ for purposes of section 4312(b) of title 38, 
United States Code, pertaining to giving notice 
VerDate Aug 31 2005 
23:34 Nov 16, 2007
Jkt 069200
PO 00000
Frm 00008
Fmt 6652
Sfmt 6201
E:\BILLS\H4183.IH
H4183
rwilkins on PROD1PC63 with BILLS
of absence from a position of employment. A 
determination of such necessity shall be made 
by the Secretary. 
‘‘(C) Subject to the availability of appro-
priations, 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 sub-
section holds a valid license, certificate, or other permit 
issued by any State or other governmental jurisdiction evi-
dencing 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 in-
volving such skill or assistance. 
‘‘(g) ADVISORY SUBCOMMITTEE.— 
‘‘(1) IN GENERAL.—The Secretary shall estab-
lish and maintain an advisory subcommittee of the 
National Advisory Council established under section 
508 to provide expert recommendations to the Sec-
retary in order to assist the Secretary in admin-
istering the System. 
VerDate Aug 31 2005 
22:44 Nov 17, 2007
Jkt 069200
PO 00000
Frm 00009
Fmt 6652
Sfmt 6201
E:\BILLS\H4183.IH
H4183
rwilkins on PROD1PC63 with BILLS
‘‘(2) 
COMPOSITION.—The 
advisory 
sub-
committee shall be composed of members from geo-
graphically 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 agen-
cies; and 
‘‘(C) at least one representative rec-
ommended 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 activi-
ties. 
‘‘(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 agree-
ment with a sponsoring agency to participate in the 
System. 
VerDate Aug 31 2005 
23:34 Nov 16, 2007
Jkt 069200
PO 00000
Frm 00010
Fmt 6652
Sfmt 6201
E:\BILLS\H4183.IH
H4183
rwilkins on PROD1PC63 with BILLS
‘‘(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 indi-
vidual 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 mem-
ber of the National Urban Search and Rescue 
Response System, when appointed into Federal 
VerDate Aug 31 2005 
23:34 Nov 16, 2007
Jkt 069200
PO 00000
Frm 00011
Fmt 6652
Sfmt 6201
E:\BILLS\H4183.IH
H4183
rwilkins on PROD1PC63 with BILLS
service pursuant to section 522(f) of the Home-
land Security Act of 2002.’’. 
(2) INCLUSION AS PART OF UNIFORMED SERV-
ICES 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 train-
ing events sponsored or sanctioned by the De-
partment of Homeland Security and carried out 
by the National Urban Search and Rescue Re-
sponse System under section 522 of the Home-
land Security Act of 2002.’’. 
(B) in paragraph (16), by inserting after 
‘‘Public Health Service,’’ the following: ‘‘, Sys-
tem members of the National Urban Search 
and Rescue Response System when engaged in 
any authorized exercise, pre-incident staging, 
activation, or major disaster, emergency re-
sponse, or training event sponsored or sanc-
tioned by the Federal Emergency Management 
Agency,’’. 
Æ 
VerDate Aug 31 2005 
23:34 Nov 16, 2007
Jkt 069200
PO 00000
Frm 00012
Fmt 6652
Sfmt 6301
E:\BILLS\H4183.IH
H4183
rwilkins on PROD1PC63 with BILLS