#aadth ,,congress #bnd ,session ,in the ,house of ,representatives1 ,u4 ,s41 ,december #g1 #bjaf ,,amendment3 ,that the bill from the ,senate 7,s4 #biga7 entitled ,an ,act to authorize the ,national ,urban ,search and ,rescue ,response ,system41 do pass with the following ,strike out all after the enacting clause and insert3 #a4 ,short title ,this ,act may be cited as the ,national ,urban ,search and ,rescue ,response ,system ,act of #bjaf4 #b4 ,national ,urban ,search and ,rescue ,response ,system 7a7 ,in general ,title ,,iii of the ,robert ,t4 ,stafford ,disaster ,relief and ,emergency ,assistance ,act 7#db ,u4,s4,c4 #eada et seq47 is amended by adding at the end the following3 #cbg4 ,national ,urban ,search and ,rescue ,response ,system 7a7 ,definitions ,in this section1 the following definitions shall apply3 7#a7 ,administrator ,the term ,administrator means the ,administrator of the ,federal ,emergency ,management ,agency4 7#b7 ,agency ,the term ,agency means the ,federal ,emergency ,management ,agency4 7#c7 ,hazard ,the term hazard has the meaning given the term in section #fjb4 7#d7 ,nonemployee system member ,the term nonemployee ,system member means a ,system member not employed by a sponsoring agency or participating agency4 7#e7 ,participating agency ,the term participating agency means a ,state or local government1 nonprofit organization1 or private organization that has executed an agreement with a sponsoring agency to participate in the ,system4 7#f7 ,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 ,system4 7#g7 ,system ,the term ,system means the ,national ,urban ,search and ,rescue ,response ,system to be administered under this section4 7#h7 ,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 team4 7#i7 ,task force ,the term task force means an urban search and rescue team designated by the ,administrator to participate in the ,system4 7b7 ,general authority ,subject to the requirements of this section1 the ,administrator shall continue to administer the emergency response system known as the ,national ,urban ,search and ,rescue ,response ,system4 7c7 ,functions ,in administering the ,system1 the ,administrator shall provide for a national network of standardized search and rescue resources to assist ,states and local governments in responding to hazards4 7d7 ,task forces 7#a7 ,designation ,the ,administrator shall designate task forces to participate in the ,system4 ,the ,administration shall determine the criteria for such participation4 7#b7 ,sponsoring agencies ,each task force shall have a sponsoring agency4 ,the ,administrator shall enter into an agreement with the sponsoring agency with respect to the participation of each task force in the ,system4 7#c7 ,composition 7,a7 ,participating agencies ,a task force may include1 at the discretion of the sponsoring agency1 one or more participating agencies4 ,the sponsoring agency shall enter into an agreement with each participating agency with respect to the participation of the participating agency on the task force4 7,b7 ,other individuals ,a task force may also include1 at the discretion of the sponsoring agency1 other individuals not otherwise associated with the sponsoring agency or a participating agency4 ,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 force4 7e7 ,management and technical teams ,the ,administrator shall maintain such management teams and other technical teams as the ,administrator determines are necessary to administer the ,system4 7f7 ,appointment of system members into federal service 7#a7 ,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 exercises1 preincident staging1 major disaster and emergency response activities1 and training events sponsored or sanctioned by the ,administrator4 7#b7 ,nonapplicability of certain civil service laws ,the ,administrator may make appointments under paragraph 7#a7 without regard to the provisions of title #e1 ,united ,states ,code1 governing appointments in the competitive service4 7#c7 ,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 ,act4 7#d7 ,limitation ,a ,system member who is appointed into ,federal service under paragraph 7#a7 shall not be considered an employee of the ,united ,states for purposes other than those specifically set forth in this section4 7g7 ,compensation 7#a7 ,pay of system members ,subject to such terms and conditions as the ,administrator may impose by regulation1 the ,administrator shall make payments to the sponsoring agency of a task force-- 7,a7 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 7f77#a72 and 7,b7 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 7f77#a74 7#b7 ,reimbursement for employees filling positions of system members 7,a7 ,in general ,subject to such terms and conditions as the ,administrator may impose by regulation1 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 7f77#a74 7,b7 ,limitation ,costs incurred by an employer shall be eligible for reimbursement under subparagraph 7,a7 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 7f77#a74 7#c7 ,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 7f77#a74 7h7 ,personal injury1 illness1 disability1 or death 7#a7 ,in general ,a ,system member who is appointed into ,federal service under subsection 7f77#a7 and who suffers personal injury1 illness1 disability1 or death as a result of a personal injury sustained while acting in the scope of such appointment1 shall1 for the purposes of subchapter ,i of chapter #ha of title #e1 ,united ,states ,code1 be treated as though the member were an employee 7as defined by section #haja of that title7 who had sustained the injury in the performance of duty4 7#b7 ,election of benefits 7,a7 ,in general ,a ,system member 7or1 in the case of the death of the ,system member1 the ,system member's dependent7 who is entitled under paragraph 7#a7 to receive benefits under subchapter ,i of chapter #ha of title #e1 ,united ,states ,code1 by reason of personal injury1 illness1 disability1 or death1 and to receive benefits from a ,state or local government by reason of the same personal injury1 illness1 disability or death shall elect to-- 7i7 receive benefits under such subchapter2 or 7ii7 receive benefits from the ,state or local government4 7,b7 ,deadline ,a ,system member or dependent shall make an election of benefits under subparagraph 7,a7 not later than #a year after the date of the personal injury1 illness1 disability1 or death that is the reason for the benefits1 or until such later date as the ,secretary of ,labor may allow for reasonable cause shown4 7,c7 ,effect of election ,an election of benefits made under this paragraph is irrevocable unless otherwise provided by law4 7#c7 ,reimbursement for state or local benefits ,subject to such terms and conditions as the ,administrator may impose by regulation1 if a ,system member or dependent elects to receive benefits from a ,state or local government under paragraph 7#b77;,a71 the ,administrator shall reimburse the ,state or local government for the value of the benefits4 7#d7 ,public safety officer claims ,nothing in this subsection shall be construed to bar any claim by1 or with respect to1 any ,system member who is a public safety officer1 as defined in section #abjd of title ,i of the ,omnibus ,crime ,control and ,safe ,streets ,act of #aifh 7#db ,u4,s4,c4 #cgif;b71 for any benefits authorized under part ,l of title ,i of that ,act 7#db ,u4,s4,c4 #cgif et seq474 7i7 ,liability ,a ,system member appointed into ,federal service under subsection 7f77#a71 while acting within the scope of the appointment1 shall be considered to be an employee of the ,federal ,government under section #acdf7;b7 of title #bh1 ,united ,states ,code1 and chapter #aga of that title1 relating to tort claims procedure4 7j7 ,employment and reemployment rights ,with respect to a ,system member who is not a regular full-time employee of a sponsoring agency or participating agency1 the following terms and conditions apply3 7#a7 ,service ,service as a ,system member shall be considered to be service in the uniformed services for purposes of chapter #dc of title #ch1 ,united ,states ,code1 relating to employment and reemployment rights of individuals who have performed service in the uniformed services 7regardless of whether the individual receives compensation for such participation74 ,all rights and obligations of such persons and procedures for assistance1 enforcement1 and investigation shall be as provided for in such chapter4 7#b7 ,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 #dcab7;b7 of title #ch1 ,united ,states ,code1 pertaining to giving notice of absence from a position of employment4 ,a determination of such necessity shall be made by the ,administrator and shall not be subject to judicial review4 7k7 ,licenses and permits ,if a ,system member holds a valid license1 certificate1 or other permit issued by any ,state or other governmental jurisdiction evidencing the member's qualifications in any professional1 mechanical1 or other skill or type of assistance required by the ,system1 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 7f77#a74 7l7 ,preparedness cooperative agreements ,subject to the availability of appropriations for such purpose1 the ,administrator shall enter into an annual preparedness cooperative agreement with each sponsoring agency4 ,amounts made available to a sponsoring agency under such a preparedness cooperative agreement shall be for the following purposes3 7#a7 ,training and exercises1 including training and exercises with other ,federal1 ,state1 and local government response entities4 7#b7 ,acquisition and maintenance of equipment1 including interoperable communications and personal protective equipment4 7#c7 ,medical monitoring required for responder safety and health in anticipation of and following a major disaster1 emergency1 or other hazard1 as determined by the ,administrator4 7m7 ,response cooperative agreements ,the ,administrator shall enter into a response cooperative agreement with each sponsoring agency1 as appropriate1 under which the ,administrator agrees to reimburse the sponsoring agency for costs incurred by the sponsoring agency in responding to a major disaster or emergency4 7n7 ,obligations ,the ,administrator may incur all necessary obligations consistent with this section in order to ensure the effectiveness of the ,system4 7o7 ,equipment maintenance and replacement ,not later than #ahj days after the date of enactment of this section1 the ,administrator shall submit to the appropriate congressional committees 7as defined in section #b of the ,homeland ,security ,act of #bjjb 7#f ,u4,s4,c4 #aja77 a report on the development of a plan1 including implementation steps and timeframes1 to finance1 maintain1 and replace ,system equipment4 4 7b7 ,conforming amendments 7#a7 ,applicability of title #e1 ,united ,states ,code ,section #haja7a7 of title #e1 ,united ,states ,code1 is amended-- 7,a7 in subparagraph 7,d71 by striking and at the end2 7,b7 by transferring subparagraph 7,f7 to between subparagraph 7,e7 and the matter following subparagraph 7,e72 7,c7 in subparagraph 7,f7-- 7i7 by striking ,united ,states ,code12 and 7ii7 by adding and at the end2 and 7,d7 by inserting after subparagraph 7,f7 the following3 7,g7 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 #cbg of the ,robert ,t4 ,stafford ,disaster ,relief and ,emergency ,assistance ,act2 4 7#b7 ,inclusion as part of uniformed services for purposes of ,,userra ,section #dcjc of title #ch1 ,united ,states ,code1 is amended-- 7,a7 in paragraph 7#ac71 by inserting 1 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 #cbg of the ,robert ,t4 ,stafford ,disaster ,relief and ,emergency ,assistance ,act before 1 and a period2 and 7,b7 in paragraph 7#af71 by inserting ,system members of the ,national ,urban ,search and ,rescue ,response ,system during a period of appointment into ,federal service under section #cbg of the ,robert ,t4 ,stafford ,disaster ,relief and ,emergency ,assistance ,act1 after ,public ,health ,service14 7c7 ,technical amendment ,section #ajhf7;d7 of the ,national ,defense ,authorization ,act for ,fiscal ,year #bjac is amended as follows 7which amendments shall take effect as if enacted on ,january #b1 #bjac7-- 7#a7 in paragraph 7#a7-- 7,a7 by striking paragraph 7#a7 and inserting paragraph 7#b72 and 7,b7 in subparagraph 7,b7 by striking filed or and inserting filed 7consistent with pre-existing effective dates7 or2 and 7#b7 in paragraph 7#b77;,a71 by striking amendments made by this ,act and inserting amendments made to section #abjd of the ,omnibus ,crime ,control and ,safe ,streets ,act of #aifh 7#db ,u4,s4,c4 #cgif;b7 by this ,act4 ,clerk4