H.R. 1471 — what changed

“327. National urban search and rescue response system

“(a) Definitions—In this section, the following definitions 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 that term by 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 non-employee 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 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—If a System member (or, in the case of the death of the System member, the System member’s dependent) is entitled—

“(i) 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

“(ii) to receive benefits from a State or local government by reason of the same personal injury, illness, disability, or death,

“(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, in the event that a System member or dependent elects benefits from a State or local government under paragraph (2)(A), the Administrator shall reimburse the State or local government for the value of those benefits.

changed “(i) Certain benefits—In the case of a death or disability, a System member (or “(4) Public safety officer claims—Nothing in the case of the death of the System member, the System member’s dependent) this subsection shall be able construed to apply for the Public Safety Officers’ Benefits program (as described in subpart 1 of part L of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. chapter 46, subchapter XII) if the bar any claim by, or with respect to, any System member meets the requirements of who is a “public safety officer” officer”, as defined in section 1204 of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796b).1968, for any benefits authorized pursuant to section 1001(a)(4) of that Act.

changed “(j) Liability—A System member appointed into Federal service under subsection (f)(1), while acting within the scope “(5) Technical amendment—Section 1086(d) of the appointment, National Defense Authorization Act for Fiscal Year 2013 is deemed 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.amended as follows (which amendments shall take effect as if enacted on January 2, 2013)—

changed “(k) 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:“(A) in paragraph (1)—

added “(i) by striking “paragraph (1)” and inserting “paragraph (2)”; and

added “(ii) in subparagraph (B) by striking “filed or” and inserting “filed (consistent with pre-existing effective dates) or”; and

added “(B) 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”.

added “(i) Liability—A System member appointed into Federal service under subsection (f)(1), while acting within the scope of the appointment, is deemed 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.

added “(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 is deemed “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 is deemed 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.

added “(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).

added “(l) Advisory committee

removed “(l) 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).

removed “(m) Advisory committee

“(1) In general—The Administrator shall establish and maintain an advisory committee to provide expert recommendations to the Administrator in order to assist the Administrator in administering the System.

“(2) Composition—The advisory committee shall be composed of members from geographically diverse areas, and shall include—

“(A) the chief officer or senior executive from at least three sponsoring agencies;

“(B) the senior emergency manager from at least two States that include sponsoring agencies; and

“(C) at least one representative recommended by the leaders of the task forces.

“(3) Inapplicability of termination requirement—Section 14(a)(2) of the Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the advisory committee under this subsection.

added “(m) Preparedness cooperative agreements

removed “(n) Preparedness cooperative agreements

“(1) In general—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:

“(A) Training and exercises, including training and exercises with other Federal, State, and local government response entities.

“(B) Acquisition and maintenance of equipment, including interoperable communications and personal protective equipment.

“(C) 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.

“(2) Availability of appropriations—Notwithstanding section 1552(b) of title 31, United States Code, amounts made available for cooperative agreements under this subsection that are not expended shall be deposited in an agency account and shall remain available for such agreements without fiscal year limitation.

added “(n) 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.

added “(o) Obligations—The Administrator may incur all necessary obligations consistent with this section in order to ensure the effectiveness of the System.

added “(p) Authorization of appropriations

removed “(o) 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.

removed “(p) Obligations—The Administrator may incur all necessary obligations consistent with this section in order to ensure the effectiveness of the System.

removed “(q) Authorization of appropriations

“(1) In general—There is authorized to be appropriated to carry out the System and the provisions of this section $50,000,000 for each of fiscal years 2016, 2017, and 2018.

“(2) Administrative expenses—The Administrator may use not to exceed 6 percent of the funds appropriated for a fiscal year pursuant to paragraph (1) for salaries, expenses, and other administrative costs incurred by the Administrator in carrying out this section.”

“(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;”

removed “617. Emergency management assistance compact grants

removed “(a) In general—The Administrator of the Federal Emergency Management Agency may make grants to provide for implementation of the Emergency Management Assistance Compact consented to by Congress in the joint resolution entitled “Joint resolution granting the consent of Congress to the Emergency Management Assistance Compact” (Public Law 104–321; 110 Stat. 3877).

removed “(b) Eligible grant recipients—States and the Administrator of the Emergency Management Assistance Compact shall be eligible to receive grants under subsection (a).

removed “(c) Use of funds—A grant received under this section shall be used—

removed “(1) to carry out recommendations identified in the Emergency Management Assistance Compact after-action reports for the 2004 and 2005 hurricane seasons;

removed “(2) to administer compact operations on behalf of States, as such term is defined in the compact, that have enacted the compact;

removed “(3) to continue coordination with the Federal Emergency Management Agency and appropriate Federal agencies;

removed “(4) to continue coordination with States and local governments and their respective national organizations; and

removed “(5) to assist State and local governments, emergency response providers, and organizations representing such providers with credentialing the providers and the typing of emergency response resources.

removed “(d) Coordination—The Administrator of the Federal Emergency Management Agency shall consult with the Administrator of the Emergency Management Assistance Compact to ensure effective coordination of efforts in responding to requests for assistance.

removed “(e) Authorization of appropriations—There is authorized to be appropriated to carry out this section $2,000,000 for each of the fiscal years 2016, 2017, and 2018. Such sums shall remain available until expended.”

removed “(B) Additional facilities—In addition to the facilities described in subparagraph (A), the term “private nonprofit facility” includes any private nonprofit facility that provides essential services of a governmental nature to the general public (including museums, zoos, performing arts facilities, community arts centers, libraries, homeless shelters, senior citizen centers, rehabilitation facilities, shelter workshops, public broadcasting facilities, and facilities that provide health and safety services of a governmental nature), as defined by the President.”

added Section 422(a) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5189) is amended—

added Section 324 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5165b) is amended—

added “(1) In general—Notwithstanding”

added “(2) Specific Management Costs—The Administrator shall provide the following percentage rates, in addition to the eligible project costs, to cover direct and indirect costs of administering the following programs:

added “(A) Hazard mitigation—A grantee under section 404 may be reimbursed not more than 15 percent of the total amount of the grant award under such section of which not more than 10 percent may be used by the grantee and 5 percent by the subgrantee for such costs.

added “(B) Public Assistance—A grantee under sections 403, 406, 407, and 502, may be reimbursed not more than 10 percent of the total award amount under such sections, of which not more than 6 percent may be used by the grantee and 4 percent by the subgrantee for such costs.”

removed Section 422(a) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5189) is amended—

changed Section 324 Notwithstanding section 3716(g) of the Robert T. Stafford Disaster Relief title 31, United States Code, and Emergency Assistance Act (42 U.S.C. 5165b) unless there is amended—evidence of civil or criminal fraud, the Administrator, on behalf of the President, shall not initiate new administrative action in any forum to recover—

removed “(1) In general—Notwithstanding”

removed “(2) Specific Management Costs—The Administrator shall provide the following percentage rates, in addition to the eligible project costs, to cover direct and indirect costs of administering the following programs:

removed “(A) Hazard mitigation—A grantee under section 404 may be reimbursed not more than 15 percent of the total amount of the grant award under such section of which not more than 10 percent may be used by the grantee and 5 percent by the subgrantee for such costs.

removed “(B) Public Assistance—A grantee under sections 403, 406, 407, and 502, may be reimbursed not more than 10 percent of the total award amount under such sections, of which not more than 6 percent may be used by the grantee and 4 percent by the subgrantee for such costs.”

changed Notwithstanding section 3716(g) In making recommendations to the President regarding a major disaster declaration, the Administrator shall give greater weight and consideration to severe localized impact. Further, the Administrator shall make corresponding adjustments to the Agency’s policies and regulations. Not later than 1 year after the date of title 31, United States Code, enactment of this section, the Administrator shall report to the Committees on Transportation and unless there is evidence Infrastructure of civil or criminal fraud, the Administrator, House of Representatives and the Committee on behalf Homeland Security and Governmental Affairs of the President, shall not initiate new administrative action in any forum Senate on the changes made to recover—regulations and policies and the number of declarations that have been declared based on the new criteria.

added A State shall be deemed to have proven that an applicant has satisfied the purchase of insurance requirements under the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et. seq.) when an encumbrance requiring the purchase and maintenance of insurance has been placed on the title of the property receiving the benefit of the grant or assistance. This section in no way removes or reduces the insurance requirements on an applicant under the Act and in no way limits the requirement that assistance provided under the Stafford Act be reduced or eliminated when the requirements are not met.

changed In making recommendations to the President regarding a major disaster declaration, the Administrator The Federal Emergency Management Agency shall give greater weight and consideration not, pursuant to severe localized impact. Further, the Administrator shall make corresponding adjustments consultation with another Federal agency or otherwise, expand its statutory authorities as they relate to the Agency’s policies and regulations. Not later than 1 year after the date of enactment of this section, floodplain management or floodplain mapping unless the Administrator shall report requirement to the Committees on Transportation do so is explicitly and Infrastructure of specifically stated in statute, nor shall the House of Representatives and Agency’s authorities be construed to impute the Committee on Homeland Security and Governmental Affairs privately-funded actions of the Senate private parties on the changes made private land to regulations and policies and such Agency for the number purpose of declarations that have been declared based on extending the new criteria.requirements of any Federal law applicable to Federal agencies to such actions.

changed A State shall be deemed to have proven that an applicant has satisfied the purchase The Administrator of insurance requirements under the Robert T. Stafford Disaster Relief and Federal Emergency Assistance Act (42 U.S.C. 5121 et. seq.) when an encumbrance requiring Management Agency shall be responsible for the purchase and maintenance of insurance has been placed on Nation’s efforts to reduce the title loss of the life and property receiving the benefit of the grant or assistance. This section in no way removes or reduces the insurance requirements on an applicant under the Act and in no way limits the requirement that assistance provided under to protect the Stafford Act be reduced Nation from an earthquake, tsunami, or eliminated when a combined earthquake and tsunami event by developing the requirements are not met.ability to prepare and plan for, mitigate against, respond to, recover from, and more successfully adapt to such an event.