[Senate Report 114-307]
[From the U.S. Government Publishing Office]
Calendar No. 578
114th Congress } { Report
2d Session } SENATE { 114-307
_______________________________________________________________________
NATIONAL URBAN SEARCH AND RESCUE RESPONSE SYSTEM ACT OF 2016
__________
R E P O R T
of the
COMMITTEE ON HOMELAND SECURITY AND
GOVERNMENTAL AFFAIRS
UNITED STATES SENATE
to accompany
S. 2971
TO AUTHORIZE THE NATIONAL URBAN SEARCH AND RESCUE RESPONSE SYSTEM
August 30, 2016.--Ordered to be printed
Filed, under authority of the order of the Senate of July 14, 2016
_________
U.S. GOVERNMENT PUBLISHING OFFICE
WASHINGTON : 2016
COMMITTEE ON HOMELAND SECURITY AND GOVERNMENTAL AFFAIRS
RON JOHNSON, Wisconsin, Chairman
JOHN McCAIN, Arizona THOMAS R. CARPER, Delaware
ROB PORTMAN, Ohio CLAIRE McCASKILL, Missouri
RAND PAUL, Kentucky JON TESTER, Montana
JAMES LANKFORD, Oklahoma TAMMY BALDWIN, Wisconsin
MICHAEL B. ENZI, Wyoming HEIDI HEITKAMP, North Dakota
KELLY AYOTTE, New Hampshire CORY A. BOOKER, New Jersey
JONI ERNST, Iowa GARY C. PETERS, Michigan
BEN SASSE, Nebraska
Christopher R. Hixon, Staff Director
Gabrielle D'Adamo Singer, Chief Counsel
Colleen E. Berny, Professional Staff Member
Gabrielle A. Batkin, Minority Staff Director
John P. Kilvington, Minority Deputy Staff Director
Mary Beth Schultz, Minority Chief Counsel
Robert H. Bradley II, Minority Professional Staff Member
Laura W. Kilbride, Chief Clerk
Calendar No. 578
114th Congress } { Report
SENATE
2d Session } { 114-307
======================================================================
NATIONAL URBAN SEARCH AND RESCUE RESPONSE SYSTEM ACT OF 2016
_______
August 30, 2016.--Ordered to be printed
Filed, under authority of the order of the Senate of July 14, 2016
_______
Mr. Johnson, from the Committee on Homeland Security and Governmental
Affairs, submitted the following
R E P O R T
[To accompany S. 2971]
The Committee on Homeland Security and Governmental Affairs, to which
was referred the bill (S. 2971) to authorize the National Urban Search
and Rescue Response System, having considered the same, reports
favorably thereon with an amendment and recommends that the bill, as
amended, do pass.
CONTENTS
Page
I. Purpose and Summary..............................................1
II. Background and Need for the Legislation..........................2
III. Legislative History..............................................6
IV. Section-by-Section Analysis......................................6
V. Evaluation of Regulatory Impact..................................8
VI. Congressional Budget Office Cost Estimate........................8
VII. Changes in Existing Law Made by the Bill, as Reported...........10
I. Purpose and Summary
The purpose of S. 2971, the National Urban Search and
Rescue Response System Act of 2016, is to improve the National
Urban Search and Rescue Response System (US&R System or
System). This would be achieved through codifying the System's
operational requirements and codifying workers' compensation
and liability protections for its members while they are
deployed. The legislation would also extend reemployment rights
to System members and require the Administrator of the Federal
Emergency Management Agency (FEMA) to assess and deliver a
report to Congress on the life-cycle replacement schedule and
costs associated with maintaining System equipment, as
recommended by the Government Accountability Office (GAO).
II. Background and the Need for Legislation
On March 27, 1964, the Prince William Sound region of
Alaska was hit by a 9.2 magnitude earthquake, which killed a
total of 131 people in Alaska, Oregon, and California.\1\
Following the earthquake, the U.S. Geological Service (USGS)
produced over 30 articles that reported on the earthquake and
made recommendations to the Federal Government on responding to
future earthquakes.\2\ Congress later passed the Earthquake
Hazards Reduction Act of 1977, which directed the President to
designate responsible Federal agencies to organize emergency
services and educate the public, state, and local officials to
reduce the adverse consequences of an earthquake.\3\ These
efforts were to be coordinated through the National Earthquake
Hazards Reduction Program (NEHRP) that was also established by
the legislation.\4\
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\1\Alaska Earthquake Center, The Great Alaska Earthquake of 1964,
Geophysical Institute of the University of Alaska at Fairbanks, http://
www.aeic.alaska.edu/quakes/Alaska_1964_earthquake.html (last visited
June 29, 2016).
\2\Earthquake Hazards Program: Program History, USGS, http://
earthquake.usgs.gov/aboutus/history.php (last visited June 29, 2016).
\3\Keith Bea, Cong. Research Serv., RS21073, Urban Search and
Rescue Task Forces: Facts & Issues 2 (2005).
\4\Earthquake Hazards Reduction Act of 1977, Pub. L. No. 95-124.
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In 1980, Congress amended the Earthquake Hazards Reduction
Act, requiring FEMA to serve as the lead for the NEHRP and
submit an interagency coordination plan to Congress on
earthquake hazard mitigation and response.\5\ According to the
Congressional Research Service (CRS), this was the first time
``Congress authorized federal action and responsibility for
disaster response efforts traditionally considered the
jurisdiction of state and local governments.''\6\
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\5\Keith Bea, Cong. Research Serv., RS21073, Urban Search and
Rescue Task Forces: Facts & Issues 2 (2005).
\6\Id.
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Following the 1989 Loma Prieta earthquake, both Congress
and FEMA reevaluated the overall scope of the NEHRP and
established the US&R System, which encompasses a number of task
forces whose mission it is to respond to ``the location, rescue
(extrication), and initial medical stabilization of individuals
trapped in confined spaces.''\7\ In 2004, Congress again
amended the Earthquake Hazards Reduction Act to require the
FEMA Administrator to ``develop and coordinate the National
Response Plan (NRP) and support state and local plans `to
ensure the availability of adequate emergency medical
resources, search and rescue personnel and equipment, and
emergency broadcast capability.'''\8\
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\7\Id. at 2-3; see also Urban Search & Rescue Overview, FEMA,
https://www.fema.gov/urban-search-rescue (last visited June 29, 2016).
\8\Keith Bea, Cong. Research Serv., RS21073, Urban Search and
Rescue Task Forces: Facts & Issues 2 (2005); see also National
Earthquake Hazards Reduction Program Reauthorization Act of 2004, Pub.
L. No. 108-360.
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After Hurricane Katrina, a Bush Administration review on
the Federal response to the storm found that under the NRP,
FEMA was the primary agency authorized to coordinate US&R
activities.\9\ However, the review also determined that the NRP
only focused on urban search and rescue (rescuing victims
trapped in collapsed structures) and the US&R System did not
have the adequate or consistent training and equipment required
to perform water rescues.\10\ As a result, the review found
that during Hurricane Katrina, the NRP failed to anticipate,
plan for, and integrate search and rescue assets from other
Federal agencies, such as the Department of Interior (DOI) and
United States Coast Guard (USCG).\11\
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\9\The Federal Response to Hurricane Katrina: Lessons Learned, The
White House 38 (Feb. 2006), available at http://www.floods.org/PDF/
Katrina_Lessons_Learned_0206.pdf.
\10\Id.
\11\Id.
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In 2006, the Post-Katrina Emergency Management Reform Act
formally authorized the US&R System and addressed the limited
scope of the NRP by expanding US&R activities to include a
range of search and rescue activities.\12\ Today, urban search
and rescue activities are defined to include structural
collapses, land search and rescues, and maritime, coastal, and
waterborne search and rescue.\13\
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\12\Department of Homeland Security Appropriations Act of 2007,
Pub. L. No. 109-295.
\13\National Response Framework, FEMA 33 (May 2013), available at
http://www.fema.gov/media-library-data/20130726-1914-25045-1246/
final_national_response_framework_20130501.pdf.
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As of 2016, 28 FEMA task forces located throughout the
continental United States make up the US&R System.\14\ These
task forces are comprised of career and volunteer first
responders, including firefighters, engineers, medical
professionals, and canine/handler teams with specialized
skillsets and training.\15\ Urban search and rescue task forces
support state and local emergency response efforts by
conducting physical search and rescue operations; providing
emergency medical care; assessing damage and providing feedback
to local, state, and Federal officials; assessing and shutting
off utilities; surveying and evaluating hazardous material
threats; providing structural and hazard evaluations;
stabilizing damaged structures; and carrying out search and
rescue operations in a water environment.\16\ In the event of
an emergency or disaster, FEMA can deploy the three closest
task forces within six hours of notification and additional
teams as needed.\17\ In addition to the individual task forces,
there are three Incident Support Teams (IST) comprised of
highly qualified specialists that manage and support the task
forces.\18\
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\14\National Urban Search & Rescue Response System: Task Force
Locations, FEMA, http://www.fema.gov/task-force-locations (last visited
June 15, 2016).
\15\Gov't Accountability Office, GAO-16-87, Disaster Response: FEMA
Hhas Made Progress Implementing Key Programs, but Opportunities for
Improvement Exist 5-6 (2016).
\16\Urban Search & Rescue Participants, FEMA, https://www.fema.gov/
urban-search-rescue-participants (last visited June 15, 2016).
\17\National Urban Search and Rescue Response System Operations
Manual, FEMA (September 2012), available at http://www.usarcd.org/
forms/manuals/Operations%20Manual%2012-001.pdf.
\18\Urban Search & Rescue Participants, FEMA, https://www.fema.gov/
urban-search-rescue-participants (last visited June 15, 2016).
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Codifying operational requirements
S. 2971 codifies the operational requirements of the US&R
System, which includes affirming the FEMA Administrator's duty
to continue to administer it; requiring the FEMA Administrator
to provide for a national network of standardized search and
rescue resources to assist state and local governments in
responding to hazards; creating a task force designation
process; and authorizing the FEMA Administrator to maintain
management and technical teams as necessary to administer the
System. The bill also authorizes such sums as are necessary to
carry out the System for fiscal years 2017, 2018, and 2019.
Codifying workers' compensation and selection of benefits
Liability and other protections for official actions under
the Federal Tort Claims Act (FTCA) and compensation for work
injuries under the Federal Employees' Compensation Act have
been interpreted to extend to System members when deployed
temporarily into Federal service and are generally memorialized
through memoranda and interagency guidance. For example,
letters sent in 1996 from the Department of Justice to FEMA
confirmed liability protections under the FTCA for US&R System
personnel in advance of the 1996 Summer Olympics in Atlanta and
in response to Hurricane Fran.\19\ In addition, US&R Program
Directive--2015-007 details the current policy in place between
FEMA and the Department of Labor for workers' compensation
protections.\20\ FEMA has also published rules for temporarily
appointing System members who are activated into the Federal
service for the purposes of workers' compensation and liability
protections.\21\ However, without codifying these protections
in Federal law, System members face uncertainty as the
memoranda and interagency guidance could be rescinded or
changed at any time.
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\19\Letter from Jeffrey Axelrad, Director, Torts Branch, to John P.
Carey, Gen. Counsel, FEMA (July 18, 1996) (on file with HSGAC staff);
see also Letter from Jeffrey Axelrad, Director, Torts Branch, to John
P. Carey, Gen. Counsel, FEMA (Sept. 4, 1996) (on file with HSGAC
staff).
\20\Letter from National Urban Search & Rescue Response System Task
Force Representatives, FEMA, to Fred Endrikat, Chief, Urban Search &
Rescue Branch, FEMA (Nov. 16, 2015) (on file with HSGAC staff).
\21\44 CFR Sec. 208.11 (2014).
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S. 2971 covers System members appointed into Federal
service for personal injury, illness, disability, or death as a
result of an injury sustained while acting within the scope of
the appointment. It entitles the System members (or, in the
case of the death of the System member, the System member's
dependent), by reason of personal injury, illness, disability,
or death, to elect to receive certain benefits as if the person
were a Federal employee or to receive any benefits for which a
System member qualifies for from a State or local government.
S. 2971 also provides that System members appointed into
Federal service under the bill shall be considered to be an
employee of the Federal Government under section 1346(b) of
Title 28 of the United States Code and chapter 171 of that
title, relating to tort claims procedure, while acting within
the scope of employment.
Extending reemployment rights to system members
Some US&R System members, like medical doctors, engineers,
and heavy riggers, have the necessary skillsets to rescue
survivors during a disaster, but are not State or local
employees. During a June 2016 survey of 27 of the 28 search and
rescue task forces, FEMA determined that approximately 14
percent of the US&R System members were not employed by a State
or local agency.\22\ These System members do not have
protections and safeguards to protect them from termination
while they are deployed into the field for urban search and
rescue operations. Because of this lack of protections, US&R
System members are at risk of losing their regular jobs after
returning home from deployment. According to Mark Kramer,
Assistant Chief/Operations, Orange County Fire Authority,
Sponsoring Agency Chief, California Task Force 5, this
unfortunately occurred in a past disaster--Hurricane Katrina--
when a heavy rigger who ``gave his heart and soul to the
response,'' was deployed to Louisiana and terminated by his
employer upon returning home a couple weeks later.\23\
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\22\Data provided by FEMA (June 13, 2016) (on file with Comm.
staff).
\23\Testimony by Mark Kramer, Assistant Chief/Operations, Orange
County Fire Authority, Sponsoring Agency Chief, California Task Force
5, FEMA's Urban Search & Rescue Program in Haiti: How to Apply Lessons
Learned at Home: Hearing Before the Subcomm. on Economic Development,
Public Buildings, and Emergency Management of the H. Comm. on
Transportation and Infrastructure, 111th Cong. (2010).
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Currently, uniformed services and others covered under the
Uniformed Services Employment and Reemployment Rights Act are
protected from termination from their current position while
serving in a military capacity. In the past, these protections
have been extended to private sector members of the National
Disaster Medical System\24\ which, like the US&R System, is
composed of a number of highly skilled individuals like medical
doctors who are activated and deployed across the country,
often without much notice, to respond to emergencies.\25\ S.
2971 would provide that a US&R System member who is not a
regular full-time employee of a sponsoring agency (a State or
local government that is the sponsor of a task force designated
by the Administrator to participate in the System) or
participating agency (a State or local government, nonprofit
organization, or private organization that has executed an
agreement with a sponsoring agency to participate in the
System), will be considered a member of the ``uniformed
services'' and afforded the same rights and obligations as
Federal service members with regard to assistance, enforcement
actions, and investigations for the purposes of retaining their
positions at their place of employment.
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\24\See 42 U.S.C. Sec. 300hh-11 and 20 CFR Sec. 1002.5 (2005).
\25\National Disaster Medical System, U.S. Department of Health and
Human Services, http://www.phe.gov/Preparedness/responders/ndms/Pages/
default.aspx.
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Report to Congress
After the terrorist attacks on September 11, 2001, the US&R
System developed operational capabilities to respond to
chemical, biological, radiological, nuclear, and explosive
environments.\26\ Recently, task forces have reported
challenges to fund the maintenance and replacement of their
equipment caches.\27\ Some of these items, like bandages, are
low-cost and routinely replaced, whereas other items, such as
the strut system used to support collapsed buildings, require
regular maintenance and are costly to replace.\28\ A February
2016 GAO report found that FEMA has not developed a
comprehensive plan to prioritize and fund the replacement of
all items in the equipment cache\29\ and recommended that FEMA
develop a comprehensive plan to correct this issue.\30\ FEMA
has concurred with this recommendation.\31\ This bill requires
the FEMA Administrator to report to Congress on the development
of plans, including implementation steps and timeframes, to
finance, maintain, and replace System equipment.
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\26\Gov't Accountability Office, GAO-16-87, Disaster Response: FEMA
has made Progress Implementing Key Programs, but opportunities for
improvement exist 5 (2016).
\27\Id. at 18.
\28\Id.
\29\Id.
\30\Id. at 38.
\31\Id at 39.
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III. Legislative History
Representatives Louis Barletta, Andrew Carson, Bill
Schuster, and Peter DeFazio introduced H.R. 1471, the FEMA
Disaster Assistance Reform Act of 2015, on March 19, 2015,
which was referred to the House Committee on Transportation and
Infrastructure. The House Committee on Transportation and
Infrastructure considered H.R. 1471 at a business meeting on
February 29, 2016. On the same day, the bill passed the House
of Representatives by voice vote and under suspension of the
rules.
The act was received in the Senate and referred to the
Committee on Homeland Security and Governmental Affairs on
March 1, 2016.
On May 23, 2016, Senators Rob Portman, Ron Johnson, and Tom
Carper introduced S. 2971, the National Urban Search and Rescue
Response System Act of 2016, which was derived from Section 301
of H.R. 1471 as passed by the House of Representatives, and
referred to the Committee on Homeland Security and Governmental
Affairs.
The Committee considered S. 2971 at a business meeting on
May 25, 2016. The Committee favorably reported the bill by
voice vote. Senators present for the vote were: Johnson,
Portman, Paul, Lankford, Ayotte, Ernst, Sasse, Carper,
McCaskill, Tester, Baldwin, Heitkamp, Booker, and Peters.
Consistent with the Committee's order on technical and
conforming changes at the business meeting, the Committee
reports the bill with a technical amendment by mutual agreement
of the full Committee majority and minority staff.
IV. Section-by-Section Analysis of the Bill, as Reported
Section 1. Short title
This section provides the bill's short title, the
``National Urban Search and Rescue Response System Act of
2016.''
Section 2. National Urban Search and Rescue Response System
Subsection (a) of Section 2 amends Title III of the Robert
T. Stafford Disaster Relief and Emergency Assistance Act to add
a new section for the US&R System.
Subsection (a) of the new section provides definitions for
the following terms: ``administrator,'' ``agency,'' ``hazard,''
``nonemployee system member,'' ``participating agency,''
``sponsoring agency,'' ``system,'' ``system member,'' and
``task force.''
Subsection (b) of the new section requires the FEMA
Administrator to continue to administer the emergency response
system, known as the US&R System.
Subsection (c) of the new section requires the FEMA
Administrator to provide for a national network of standardized
search and rescue resources to assist State and local
governments responding to hazards.
Subsection (d) of the new section requires the
Administrator to designate task forces to participate in the
System and allows the Administrator to determine the criteria
for participation as a task force.
Under subsection (e) of the new section, the FEMA
Administrator is required to maintain management and technical
teams as necessary to administer the System.
Subsection (f) of the new section allows the FEMA
Administrator to appoint a US&R System member for a period of
time so the System member can participate in exercises, pre-
incident staging, major disaster and emergency response
activities and training events sponsored or sanctioned by the
FEMA Administrator. The subsection also clarifies that a System
member appointed into the Federal service in this manner shall
not be considered an employee of the United States for purposes
other than those laid out in this section.
Subsection (g) of the new section describes the
compensation available for US&R System members while appointed
to Federal service. Specifically, this subsection requires the
Administrator to reimburse employers of System members for
compensation paid by the employer while the System member was
appointed to Federal service, and to make payments to
nonemployee System members on the task force for the period of
time they are appointed into the Federal service.
Subsection (h) of the new section provides that a US&R
System member appointed into the Federal service and who
suffers injury, illness, disability, or death, as a result of
an injury that occurred while acting in the scope of employment
can elect to receive injury, illness, disability, or death
benefits under subchapter I of chapter 81 of title 5 or such
benefits from the State or local government. The subsection
provides that if a member elects to receive such benefits from
a State or local government, the Administrator shall reimburse
the State and local government for such benefits.
Subsection (i) of the new section provides that a US&R
System member appointed into the Federal service under this
bill, while acting within the scope of the appointment, shall
be considered to be a Federal employee under section 1346(b)
and Chapter 171 of Title 28 of the United States Codes,
relating to the tort claims procedure.
Subsection (j) of the new section makes a US&R System
member, who is not a regular full-time employee of a sponsoring
agency or participating agency, a member of the ``uniformed
services'' and affords him or her the same rights and
obligations as service members with regard to assistance,
enforcement actions, and investigations, as well as preclusion
of giving notice of absence from a position of employment under
chapter 43 of title 38.
Under subsection (k) of the new section, a US&R System
member holding a valid state license, certificate, or other
permit, is considered to be performing Federal activities when
rendering aid involving such skill or assistance during a
period of appointment into Federal service.
Subsections (l) through (m) of the new section require the
FEMA Administrator to enter into an annual preparedness
cooperative agreement and a response cooperative agreement with
each sponsoring agency, if funds are appropriated to cover the
costs incurred by the sponsoring agency. The FEMA Administrator
may reimburse costs for: training and exercises; the
acquisition and maintenance of equipment; and the medical
monitoring required for responder safety and health.
Subsection (n) of the new section allows the FEMA
Administrator to incur all necessary obligations to ensure the
effectiveness of the US&R System.
Subsection (o) of the new section requires the FEMA
Administrator to report to Congress, not later than 180 days
after the date of enactment, on the development of plans,
including implementation steps and timeframes, to finance,
maintain, and replace US&R System equipment.
Subsection (p) of the new section authorizes such sums as
are necessary to carry out the US&R System for fiscal years
2017, 2018, and 2019.
Subsection (b) of the bill makes conforming changes to
statute to account for the new provisions provided in the bill.
V. Evaluation of Regulatory Impact
Pursuant to the requirements of paragraph 11(b) of rule
XXVI of the Standing Rules of the Senate, the Committee has
considered the regulatory impact of this bill and determined
that the bill will have no regulatory impact within the meaning
of the rules. The Committee agrees with the Congressional
Budget Office's statement that the bill contains no
intergovernmental or private-sector mandates as defined in the
Unfunded Mandates Reform Act (UMRA) and would impose no costs
on state, local, or tribal governments.
VI. Congressional Budget Office Cost Estimate
July 14, 2016.
Hon. Ron Johnson, Chairman,
Committee on Homeland Security and Governmental Affairs,
U.S. Senate, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for S. 2971, the National
Urban Search and Rescue Response System Act of 2016.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Robert Reese.
Sincerely,
Keith Hall.
Enclosure.
S. 2971--National Urban Search and Rescue Response System Act of 2016
Summary: S. 2971 would amend the Robert T. Stafford
Disaster Relief and Emergency Assistance Act to specifically
authorize operations of the National Urban Search and Rescue
Response System through 2019. The bill would authorize the
appropriation of such sums as may be necessary for the Federal
Emergency Management Agency (FEMA) to continue to administer
that system. Under current law, the system maintains and
manages emergency search and rescue teams and coordinates with
state and local governments to mobilize those teams in the case
of a natural disaster, terrorist activity, or other emergency.
CBO estimates that implementing S. 2971 would cost $110
million over the 2017-2021 period, assuming appropriation of
the necessary amounts. Pay-as-you-go procedures do not apply to
this legislation because enacting it would not affect direct
spending or revenues.
CBO estimates that enacting S. 2971 would not increase net
direct spending or on-budget deficits in any of the four
consecutive 10-year periods beginning in 2027.
S. 2971 would impose intergovernmental and private-sector
mandates, as defined in the Unfunded Mandates Reform Act
(UMRA), by eliminating an existing right to seek compensation
for damages and by requiring employers to allow members of the
urban search and rescue response system to reclaim their jobs
upon completing a deployment to a disaster. Based on
information from FEMA, CBO estimates that the cost to comply
with the mandates would fall below the annual thresholds
established in UMRA for intergovernmental and private-sector
mandates ($77 million and $154 million, respectively, in 2016,
adjusted annually for inflation).
Estimated cost to the Federal Government: The estimated
budgetary effect of S. 2971 is shown in the following table.
The costs of this legislation fall within budget function 450
(community and regional development).
----------------------------------------------------------------------------------------------------------------
By fiscal year, in millions of dollars--
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2017 2018 2019 2020 2021 2017-2021
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INCREASES IN SPENDING SUBJECT TO APPROPRIATION
Estimated Authorization Level........................... 36 37 38 40 40 111
Estimated Outlays....................................... 22 33 37 15 3 110
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Basis of estimate: For this estimate, CBO assumes that S.
2971 will be enacted near the start of 2017 and that the
necessary amounts will be appropriated for each fiscal year.
Estimated outlays are based on historical spending patterns for
this program.
S. 2971 would authorize the appropriation of such sums as
may be necessary through 2019 for FEMA to administer the
National Urban Search and Rescue Response System. In 2016, the
Congress provided $35 million to operate that system. After
accounting for anticipated increases in inflation, CBO
estimates that implementing S. 2971 would cost $110 million
over the 2017-2021 period.
S. 2971 would require FEMA to reimburse state and local
governments for the value of any benefits those governments pay
to people who are injured while serving on an emergency search
and rescue team. Under current law, people who are injured
while serving on those teams are entitled to receive disability
benefits from either the federal government or the applicable
state or local government, but the federal government is not
required to reimburse state and local governments. Based on
information from FEMA about the number and type of injuries
resulting from such service, CBO expects that any increase in
federal costs from reimbursing state and local governments
(which would be subject to appropriation) would be
insignificant.
Pay-As-You-Go considerations: None.
Increase in long-term direct spending and deficits: CBO
estimates that enacting S. 2971 would not increase net direct
spending or on-budget deficits in any of the four consecutive
10-year periods beginning in 2027.
Intergovernmental and private-sector impact: S. 2971 would
impose intergovernmental and private-sector mandates, as
defined in UMRA. CBO estimates that the cost to comply with the
mandates to state, local, and tribal governments and the
private sector would fall below the annual thresholds
established in UMRA for such mandates ($77 million and $154
million, respectively, in 2016, adjusted annually for
inflation).
Under current law, members of search and rescue task forces
have protection from tort liability when participating in
federal preparedness activities. The bill would expand that
protection to include additional training exercises. Such
protection would impose a mandate on public and private
entities because it would eliminate an existing right to seek
compensation for damages. According to FEMA, no claims for
damage have been filed regarding a training exercise, nor does
the agency expect that any such claims would be filed under
current law. Therefore, CBO estimates that the costs, if any,
of this mandate would be negligible.
The bill also would require employers to allow task force
members who are deployed to a disaster to reclaim their jobs
upon completion of their service. According to FEMA, there are
currently about 5,500 workers in the system; the duration of
deployment is usually less than one month; and in general, most
employers currently allow workers to reclaim their positions.
Thus, CBO estimates that the cost for public and private-sector
employers to comply with the mandate would fall below the
annual thresholds.
Estimate prepared by: Federal costs: Robert Reese; Impact
on state, local, and tribal governments; Rachel Austin; Impact
on the private sector: Paige Piper/Bach.
Estimate approved by: H. Samuel Papenfuss, Deputy Assistant
Director for Budget Analysis.
VII. Changes in Existing Law Made by the Bill, as Reported
In compliance with paragraph 12 of rule XXVI of the
Standing Rules of the Senate, changes in existing law made by
S. 2971 as reported are shown as follows (existing law proposed
to be omitted is enclosed in brackets, new matter is printed in
italic, and existing law in which no change is proposed is
shown in roman):
ROBERT T. STAFFORD DISASTER RELIEF AND EMERGENCY ASSISTANCE ACT
* * * * * * *
TITLE III--MAJOR DISASTER AND EMERGENCY ASSISTANCE ADMINISTRATION
* * * * * * *
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.
(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 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, 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. 3769b3796b), 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 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.
(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.
* * * * * * *
UNITED STATES CODE
* * * * * * *
TITLE 5--GOVERNMENT ORGANIZATION AND EMPLOYEES
* * * * * * *
PART III--EMPLOYEES
* * * * * * *
Subpart G--Insurance and Annuities
* * * * * * *
CHAPTER 81--COMPENSATION FOR WORK INJURIES
* * * * * * *
Subchapter I--Generally
SECTION 8101. DEFINITIONS
For the purpose of this subchapter----
(1) ``employee'' means----
(A) * * *
* * * * * * *
(D) an individual employed by the government
of the District of Columbia; [and]
(E) * * *
(F) an individual selected pursuant to
chapter 121 of title 28, [United States Code,]
and serving as a petit or grand juror; and
(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;''.
* * * * * * *
TITLE 38--VETERANS' BENEFITS
* * * * * * *
PART III--READJUSTMENT AND RELATED BENEFITS
* * * * * * *
CHAPTER 43--EMPLOYMENT AND REEMPLOYMENT RIGHTS OF MEMBERS OF THE
UNIFORMED SERVICES
* * * * * * *
Subchapter I--General
* * * * * * *
SECTION 4304. DEFINITIONS
For the purposes of this chapter--
* * * * * * *
(13) The term ``service in the uniformed services''
means the performance of duty on a voluntary or
involuntary basis in a uniformed service under
competent authority and includes active duty, active
duty for training, initial active duty for training,
inactive duty training, full-time National Guard duty,
a period for which a person is absent from a position
of employment for the purpose of an examination to
determine the fitness of the person to perform any such
duty, 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 for which a person is
absent from employment for the purpose of performing
funeral honors duty as authorized by section 12503 of
title 10 or section 115 of title 32.
(14) * * *
(15) * * *
(16) The term ``uniformed services'' means the Armed
Forces, the Army National Guard and the Air National
Guard when engaged in active duty for training,
inactive duty training, or full-time National Guard
duty, the commissioned corps of the Public Health
Service, 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, and any other category of persons
designated by the President in time of war or national
emergency.
* * * * * * *