National Urban Search and Rescue Response System Act of 2016
PL 114-326 (S.2971), enacted 12/16/2016

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 Emer-
gency Management Agency. 
‘‘(3) HAZARD.—The term ‘hazard’ has the meaning given 
the term in section 602. 
‘‘(4) NONEMPLOYEE
SYSTEM
MEMBER.—The term ‘non-
employee 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 organiza-
tion, 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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130 STAT. 1969 
PUBLIC LAW 114–326—DEC. 16, 2016 
‘‘(b) GENERAL AUTHORITY.—Subject to the requirements of this 
section, the Administrator shall continue to administer the emer-
gency response system known as the National Urban Search and 
Rescue Response System. 
‘‘(c) FUNCTIONS.—In administering the System, the Adminis-
trator 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 exer-
cises, 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 sub-
section 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 com-
pensation 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 govern-
ment. 
‘‘(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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130 STAT. 1971 
PUBLIC LAW 114–326—DEC. 16, 2016 
illness, disability, or death that is the reason for the bene-
fits, 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.—Sub-
ject 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 sub-
section 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 consid-
ered to be ‘service in the uniformed services’ for purposes of 
chapter 43 of title 38, United States Code, relating to employ-
ment and reemployment rights of individuals who have per-
formed 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 consid-
ered 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 Adminis-
trator 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 qualifica-
tions 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 spon-
soring agency under such a preparedness cooperative agreement 
shall be for the following purposes: 
‘‘(1) Training and exercises, including training and exer-
cises with other Federal, State, and local government response 
entities. 
‘‘(2) Acquisition and maintenance of equipment, including 
interoperable communications and personal protective equip-
ment. 
‘‘(3) Medical monitoring required for responder safety and 
health in anticipation of and following a major disaster, emer-
gency, or other hazard, as determined by the Administrator. 
‘‘(m) RESPONSE COOPERATIVE AGREEMENTS.—The Administrator 
shall enter into a response cooperative agreement with each spon-
soring 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 emer-
gency. 
‘‘(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, main-
tain, and replace System equipment.’’. 
(b) CONFORMING AMENDMENTS.— 
(1) APPLICABILITY OF TITLE 5, UNITED STATES CODE.—Sec-
tion 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 pursu-
ant to section 327 of the Robert T. Stafford Disaster Relief 
and Emergency Assistance Act;’’. 
(2) INCLUSION AS PART OF UNIFORMED SERVICES FOR PUR-
POSES 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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130 STAT. 1973 
PUBLIC LAW 114–326—DEC. 16, 2016 
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. 
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 ‘‘para-
graph (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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