Public Law 114–326: To authorize the National Urban Search and Rescue Response System.

The term ‘’ means the Administrator of the Federal Emergency Management Agency.

The term ‘’ means the Federal Emergency Management Agency.

The term ‘’ has the meaning given the term in section 602.

The term ‘’ means a System member not employed by a sponsoring agency or participating agency.

The term ‘’ 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.

The term ‘’ means a State or local government that is the sponsor of a task force designated by the Administrator to participate in the System.

The term ‘’ means the National Urban Search and Rescue Response System to be administered under this section.

The term ‘’ 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.

The term ‘’ means an urban search and rescue team designated by the Administrator to participate in the System.130 STAT. 1969

The Administrator shall designate task forces to participate in the System.

Determination.

Criteria.

The Administration shall determine the criteria for such participation.

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.

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.

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.

The authority of the Administrator to make appointments under this subsection shall not affect any other authority of the Administrator under this Act.

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.

Subject to such terms and conditions as the Administrator may impose by regulation, 130 STAT. 1970 the Administrator shall make payments to the sponsoring agency of a task force—

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).

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.

“(A)

In general.—

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.

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.).

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.

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.

Determination.

A determination of such necessity shall be made by the Administrator and shall not be subject to judicial review.

Training and exercises, including training and exercises with other Federal, State, and local government response entities.

Acquisition and maintenance of equipment, including interoperable communications and personal protective equipment.

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.

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;”