text: SECTION 1. SHORT TITLE.
  
      This Act may be cited as the ``National Urban Search and Rescue 
  Response System Act of 2007''.
  
  SEC. 2. PURPOSE.
  
      The purpose of this Act is to clarify and codify the authority of 
  the Administrator of the Federal Emergency Management Agency to 
  administer the National Urban Search and Rescue Response System for 
  Federal response to all hazards.
  
  SEC. 3. NATIONAL URBAN SEARCH AND RESCUE RESPONSE SYSTEM.
  
      (a) In General.--Title III of the Robert T. Stafford Disaster 
  Relief and Emergency Assistance Act (42 U.S.C. 5141 et seq.) is amended 
  by adding at the end the following:
  
  ``SEC. 327. NATIONAL URBAN SEARCH AND RESCUE RESPONSE SYSTEM.
  
      ``(a) Definitions.--In this section, the following definitions 
  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) 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.
              ``(5) 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.
              ``(6) System.--The term `System' means the National Urban 
          Search and Rescue Response System to be administered under this 
          section.
              ``(7) System member.--The term `System member' means an 
          individual who is not a regular full-time employee of the 
          Federal Government, who serves on a task force or on a System 
          management or other technical team.
              ``(8) 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 Administrator 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 of each task force with 
          respect to the participation of the task force in the System.
              ``(3) Composition.--
                      ``(A) Participating agencies.--A task force may 
                  include, at the discretion of the sponsoring agency of 
                  the task force, one or more participating agencies. The 
                  sponsoring agency of a task force shall enter into an 
                  agreement with each participating agency of the task 
                  force 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 of 
                  the task force, other individuals not otherwise 
                  associated with the sponsoring agency or a 
                  participating agency of the task force. 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 deemed 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) as appropriate, in lieu of providing 
                  reimbursement to an employer of a System member on the 
                  task force under subparagraph (A), to make payments 
                  directly to the System member for any period during 
                  which the 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,
                  the System member or dependent shall elect to receive 
                  either the benefits referred to in clause (i) or (ii).
                      ``(B) Deadline.--A System member or dependent shall 
                  make an election of benefits under subparagraph (A) not 
                  later than one 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.
      ``(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 United States 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 as a System member shall be 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 of giving notice of service by necessity 
          of appointment under this section shall be 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.
      ``(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 shall be 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) 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 3 sponsoring agencies;
                      ``(B) the senior emergency manager from at least 2 
                  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.
      ``(m) 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 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.
      ``(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, emergency, or other hazard as 
  determined by the Administrator.
      ``(o) Obligations.--The Administrator may incur all necessary 
  obligations consistent with this section in order to ensure the 
  effectiveness of the System.
      ``(p) Authorization of Appropriations.--
              ``(1) In general.--There is authorized to be appropriated 
          to carry out this section $52,000,000 for each of fiscal years 
          2009, 2010, and 2011. Such sums shall be in addition to amounts 
          made available from the Disaster Relief Fund for response 
          cooperative agreements entered into under subsection (n).
              ``(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.''.
      (b) Conforming Amendments.--
              (1) Applicability of title 5, united states code.--Section 
          8101(1) of title 5, United States Code, is amended--
                      (A) in subparagraph (D) by striking ``and'' at the 
                  end;
                      (B) in subparagraph (E) by inserting ``and'' after 
                  the semicolon; and
                      (C) by adding at the end the following:
                      ``(F) 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.''.
              (2) Inclusion as part of uniformed services for purposes of 
          userra.--Section 4303 of title 38, United States Code, is 
          amended--
                      (A) in paragraph (13) by inserting ``a period for 
                  which a System member of the National Urban Search and 
                  Rescue Response System is absent from a position of 
                  employment due to an appointment into Federal service 
                  under section 327 of the Robert T. Stafford Disaster 
                  Relief and Emergency Assistance Act,'' before ``, and a 
                  period''; and
                      (B) in paragraph (16) by inserting after ``Public 
                  Health Service,'' the following: ``, 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,''.
target: National Urban Search and Rescue Response System Act of 2007 - Amends the Robert T. Stafford Disaster Relief and Emergency Assistance Act to direct the Administrator of the Federal Emergency Management Agency (FEMA) to: (1) continue to administer the National Urban Search and Rescue Response System; (2) provide for a national network of standardized search and rescue resources; (3) designate task forces to participate in the System and determine criteria for participation; and (4) enter into an agreement with the required sponsoring agency of each task force regarding participation.
  
  Sets forth provisions regarding the composition of task forces and reimbursement.
  
  Authorizes the Administrator to appoint a System member for a period of federal service to participate in sponsored or sanctioned exercises, pre-incident staging, major disaster and emergency response activities, and training events. Entitles a member who suffers personal injury, illness, disability, or death while acting in the scope of such appointment to be treated as an employee who sustained the injury in the performance of duty.
  
   Sets forth provisions regarding election of benefits, liability, employment and re-employment rights, and licenses and permits.
  
  Directs the Administrator to: (1) establish and maintain an advisory committee; and (2) enter into an annual preparedness cooperative agreement with each agency; and (3) enter into response cooperative agreements under which the Administrator agrees to reimburse agencies for emegency response costs.
feat_title: To amend the Robert T. Stafford Disaster Relief and Emergency Assistance Act to clarify and codify the authority of the Administrator of the Federal Emergency Management Agency to administer the National Urban Search and Rescue Response System for Federal response to all hazards.