[House Report 116-29]
[From the U.S. Government Publishing Office]
116th Congress } { Report
HOUSE OF REPRESENTATIVES
1st Session } { 116-29
======================================================================
TO AMEND SECTION 327 OF THE ROBERT T. STAFFORD DISASTER RELIEF AND
EMERGENCY ASSISTANCE ACT TO CLARIFY THAT NATIONAL URBAN SEARCH AND
RESCUE RESPONSE SYSTEM TASK FORCES MAY INCLUDE FEDERAL EMPLOYEES
_______
April 2, 2019.--Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
_______
Mr. DeFazio, from the Committee on Transportation and Infrastructure,
submitted the following
R E P O R T
[To accompany H.R. 639]
[Including cost estimate of the Congressional Budget Office]
The Committee on Transportation and Infrastructure, to whom
was referred the bill (H.R. 639) to amend section 327 of the
Robert T. Stafford Disaster Relief and Emergency Assistance Act
to clarify that National Urban Search and Rescue Response
System task forces may include Federal employees, having
considered the same, report favorably thereon without amendment
and recommend that the bill do pass.
CONTENTS
Page
Purpose of Legislation........................................... 2
Background and Need for Legislation.............................. 2
Hearings......................................................... 2
Legislative History and Consideration............................ 2
Committee Votes.................................................. 2
Committee Oversight Findings..................................... 3
New Budget Authority and Tax Expenditures........................ 3
Congressional Budget Office Cost Estimate........................ 3
Performance Goals and Objectives................................. 4
Duplication of Federal Programs.................................. 4
Congressional Earmarks, Limited Tax Benefits, and Limited Tariff
Benefits....................................................... 5
Federal Mandates Statement....................................... 5
Preemption Clarification......................................... 5
Advisory Committee Statement..................................... 5
Applicability to Legislative Branch.............................. 5
Section-by-Section Analysis of the Legislation................... 5
Changes in Existing Law Made by the Bill, as Reported............ 5
Purpose of Legislation
The purpose of H.R. 639 is to amend section 327 of the
Robert T. Stafford Disaster Relief and Emergency Assistance Act
to clarify that National Urban Search and Rescue Response
System task forces may include federal employees.
Background and Need for Legislation
H.R. 639 is a technical correction which would amend
section 327 of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act to explicitly clarify that federal
employees are able to participate in the National Urban Search
and Rescue (USAR) Response System task forces coordinated by
the Federal Emergency Management Agency (FEMA).
The FEMA has developed the National USAR Response System
over the last several decades to act as a force multiplier for
disaster rescue missions. The System is comprised of 28 task
force teams from across the country and comprised of highly
skilled volunteers who are constantly training for a variety of
hazard scenarios, both man-made and natural, and task force
teams have proven their effectiveness time and again.
Following enactment of the National Urban Search and Rescue
Response System Act (P.L. 114-326), certain federal agencies
that employ members of some of these task forces have been
misinterpreting language which granted liability protections
for non-federal task force members equal to federal first
responders--only when their task force was called into federal
service--resulting in an impediment to those federal employees
serving on a task force.
Hearings
No hearings were held on H.R. 639 in the 116th Congress.
Legislative History and Consideration
H.R. 639 was introduced in the House on January 17, 2019,
by Mrs. Hartzler and referred to the Committee on
Transportation and Infrastructure. Within the Committee, H.R.
639 was referred to the Subcommittee on Economic Development,
Public Buildings, and Emergency Management.
The Subcommittee on Economic Development, Public Buildings,
and Emergency Management was discharged from further
consideration of H.R. 639 on February 27, 2019.
The Committee met on February 27, 2019, to consider H.R.
639, and ordered the measure to be reported to the House with a
favorable recommendation, without amendment, by voice vote with
a quorum present.
Committee Votes
Clause 3(b) of rule XIII of the Rules of the House of
Representatives requires each committee report to include the
total number of votes cast for and against on each record vote
on a motion to report and on any amendment offered to the
measure or matter, and the names of those members voting for
and against. There were no recorded votes taken in connection
with consideration of H.R. 639. A motion to order H.R. 639
reported favorably to the House was agreed to by voice vote
with a quorum present.
Committee Oversight Findings
With respect to the requirements of clause 3(c)(1) of rule
XIII of the Rules of the House of Representatives, the
Committee's oversight findings and recommendations are
reflected in this report.
New Budget Authority and Tax Expenditures
Clause 3(c)(2) of rule XIII of the Rules of the House of
Representatives does not apply where a cost estimate and
comparison prepared by the Director of the Congressional Budget
Office under section 402 of the Congressional Budget Act of
1974 has been timely submitted prior to the filing of the
report and is included in the report. Such a cost estimate is
included in this report.
Congressional Budget Office Cost Estimate
With respect to the requirement of clause 3(c)(3) of rule
XIII of the Rules of the House of Representatives and section
402 of the Congressional Budget Act of 1974, the Committee has
received the enclosed cost estimate for H.R. 639 from the
Director of the Congressional Budget Office:
U.S. Congress,
Congressional Budget Office,
Washington, DC, March 12, 2019.
Hon. Peter A. DeFazio,
Chairman, Committee on Transportation and Infrastructure,
House of Representatives, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for H.R. 639, a bill to
amend section 327 of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act to clarify that National Urban Search
and Rescue Response System task forces may include Federal
employees.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Jon Sperl.
Sincerely,
Keith Hall,
Director.
Enclosure.
H.R. 639 would amend the Robert T. Stafford Disaster Relief
and Emergency Assistance Act to clarify that federal employees
may serve on task forces under the National Urban Search and
Rescue Response System. That system consists of about 5,700
personnel--mostly state and local government employees--who
serve on 28 task forces across the country and which are
coordinated by the Federal Emergency Management Agency (FEMA).
There are currently 60 federal employees serving on task
forces.
Using information from FEMA, CBO estimates that
implementing the bill would increase the number of federal
employees serving on task forces and also would enhance the
retention of those employees. Under current law, FEMA
reimburses state and local governments, as well as federal
employees serving on task forces, for the costs of activating
members for federal service. Because the bill would not
increase the total number of personnel serving on task forces
who are compensated by the federal government--only the mix of
federal and nonfederal employees--CBO estimates that the
legislation would not increase federal spending on task forces.
Federal agencies could incur costs to cover the regular
activities of their employees while they are deployed on task
forces, but CBO estimates that those costs would not be
significant.
The CBO staff contact for this estimate is Jon Sperl. The
estimate was reviewed by H. Samuel Papenfuss, Deputy Assistant
Director for Budget Analysis.
Performance Goals and Objectives
With respect to the requirement of clause 3(c)(4) of rule
XIII of the Rules of the House of Representatives, the
performance goal and objective of this legislation is to
clarify that National Urban Search and Rescue Response System
task forces may include federal employees.
Duplication of Federal Programs
Pursuant to clause 3(c)(5) of rule XIII of the Rules of the
House of Representatives, the Committee finds that no provision
of H.R. 639 establishes or reauthorizes a program of the
federal government known to be duplicative of another federal
program, a program that was included in any report from the
Government Accountability Office to Congress pursuant to
section 21 of Public Law 111-139, or a program related to a
program identified in the most recent Catalog of Federal
Domestic Assistance.
Congressional Earmarks, Limited Tax Benefits, and Limited Tariff
Benefits
In compliance with rule XXI of the Rules of the House of
Representatives, this bill, as reported, contains no
congressional earmarks, limited tax benefits, or limited tariff
benefits as defined in clause 9(e), 9(f), or 9(g) of the rule
XXI.
Federal Mandates Statement
The Committee adopts as its own the estimate of federal
mandates prepared by the Director of the Congressional Budget
Office pursuant to section 423 of the Unfunded Mandates Reform
Act (Public Law 104-4).
Preemption Clarification
Section 423 of the Congressional Budget Act of 1974
requires the report of any Committee on a bill or joint
resolution to include a statement on the extent to which the
bill or joint resolution is intended to preempt state, local,
or tribal law. The Committee finds that H.R. 639 does not
preempt any state, local, or tribal law.
Advisory Committee Statement
No advisory committees within the meaning of section 5(b)
of the Federal Advisory Committee Act were created by this
legislation.
Applicability to Legislative Branch
The Committee finds that the legislation does not relate to
the terms and conditions of employment or access to public
services or accommodations within the meaning of section
102(b)(3) of the Congressional Accountability Act (Public Law
104-1).
Section-by-Section Analysis of the Legislation
Sec. 1. Federal Employees and National Urban Search and Rescue Response
System Task Forces
This section amends Section 327 of the Robert T. Stafford
Disaster Relief and Emergency Assistance Act to clarify that
nothing in Section 327 shall be construed to mean that a task
force may not include federal employees and that in the case of
a federal employee detailed to a National Urban Search and
Rescue Response System task force, the sponsoring agency shall
enter into an agreement with the relevant employing federal
agency.
Changes in Existing Law Made by the Bill, as Reported
In compliance with clause 3(e) of rule XIII of the Rules of
the House of Representatives, changes in existing law made by
the bill, as reported, are shown as follows (new matter is
printed in italic and existing law in which no is proposed is
shown in roman):
Changes in Existing Law Made by the Bill, as Reported
In compliance with clause 3(e) of rule XIII of the Rules of
the House of Representatives, changes in existing law made by
the bill, as reported, are shown as follows (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, 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 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. 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
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) Federal Employees.--Nothing in this section shall be
construed to mean that a task force may not include Federal
employees. In the case of a Federal employee detailed to a task
force, the sponsoring agency shall enter into an agreement with
the relevant employing Federal agency.
* * * * * * *
[all]