Robert T Stafford Act

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Sec. 327

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ø42 U.S.C. 5165d¿
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
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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
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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
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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
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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.
ø42 U.S.C. 5165f¿

TITLE IV—MAJOR DISASTER
ASSISTANCE PROGRAMS
SEC. 401. PROCEDURE FOR DECLARATION.
(a) IN GENERAL.—All requests for a

declaration by the President that a major disaster exists shall be made by the Governor
of the affected State. Such a request shall be based on a finding
that the disaster is of such severity and magnitude that effective
response is beyond the capabilities of the State and the affected
local governments and that Federal assistance is necessary. As part
of such request, and as a prerequisite to major disaster assistance
under this Act, the Governor shall take appropriate response action
under State law and direct execution of the State’s emergency plan.
The Governor shall furnish information on the nature and amount
of State and local resources which have been or will be committed
to alleviating the results of the disaster, and shall certify that, for
the current disaster, State and local government obligations and
expenditures (of which State commitments must be a significant
proportion) will comply with all applicable cost-sharing requirements of this Act. Based on the request of a Governor under this
section, the President may declare under this Act that a major disaster or emergency exists.
(b) INDIAN TRIBAL GOVERNMENT REQUESTS.—
(1) IN GENERAL.—The Chief Executive of an affected Indian tribal government may submit a request for a declaration
by the President that a major disaster exists consistent with
the requirements of subsection (a).
(2) REFERENCES.—In implementing assistance authorized
by the President under this Act in response to a request of the
Chief Executive of an affected Indian tribal government for a
major disaster declaration, any reference in this title or title
III (except sections 310 and 326) to a State or the Governor of
a State is deemed to refer to an affected Indian tribal government or the Chief Executive of an affected Indian tribal government, as appropriate.
(3) SAVINGS PROVISION.—Nothing in this subsection shall
prohibit an Indian tribal government from receiving assistance
under this title through a declaration made by the President
at the request of a State under subsection (a) if the President

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