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42 U.S.C. § 5165f — National Urban Search and Rescue Response System

Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 5165f — 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 5195a of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section5195a&num=0&edition=prelim). (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 th

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Source file: Laws/federal/codes/united-states-code/title-42/section-5165f-national-urban-search-and-rescue-response-system--798384400e.md
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Source location: Title 42, Chapter 68, § 5165f; chapter-068-disaster-relief.md

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**(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 5195a of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section5195a&num=0&edition=prelim). (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 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 chapter. (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, 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 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 [[34 U.S.C. 10284](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title34-section10284&num=0&edition=prelim)], for any benefits authorized under part L of title I of that Act ([42 U.S.C. 3796](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section3796&num=0&edition=prelim) et seq.).11 See References in Text note below. **(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title28-section1346/b&num=0&edition=prelim) 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 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section4312/b&num=0&edition=prelim) 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 December 16, 2016, the Administrator shall submit to the appropriate congressional committees (as defined in [section 101 of title 6](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title6-section101&num=0&edition=prelim)) 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.

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 5121 — Congressional findings and declarations

**(a)** The Congress hereby finds and declares that— (1) because disasters often cause loss of life, human suffering, loss of income, and property loss and damage; and (2) because disasters often disrupt the normal functioning of governments and communities, and adversely affect individuals and families with great severity; special measures, designed to assist the efforts of the affected States in expediting the rendering of aid, assistance, and emergency services, and the reconstruction and rehabilitation of devastated areas, are necessary. **(b)** It is the intent of the Congress, by this chapter, to provide an orderly and continuing means of assistance by the Federal Government to State and local governments in carrying out their responsibilities to alleviate the suffering and damage which result from such disasters by— (1) revising and broadening the scope of existing disaster relief programs; (2) encouraging the development of comprehensive disaster preparedness and assistance plans, programs, capabilities, and organizations by the States and by local governments; (3) achieving greater coordination and responsiveness of disaster preparedness and relief programs; (4) encouraging individuals, States, and local governments to protect themselves by obtaining insurance coverage to supplement or replace governmental assistance; (5) encouraging hazard mitigation measures to reduce losses from disasters, including development of land use and construction regulations; (6) providing Federal assistance programs for both public and private losses sustained in disasters; and (7) identifying and improving the climate and natural hazard resilience of vulnerable communities.

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 5195a — Relation to Atomic Energy Act of 1954

Nothing in this subchapter shall be construed to alter or modify the provisions of the Atomic Energy Act of 1954 ([42 U.S.C. 2011](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section2011&num=0&edition=prelim) et seq.).

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 3796 — Transferred

### Statutory Notes #### Codification Section 3795a was editorially reclassified as [section 10272 of Title 34](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title34-section10272&num=0&edition=prelim), Crime Control and Law Enforcement.

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Federal law — U.S. Code and appendices · legal_authorities

6 U.S.C. § 101 — Cyber incident review

**(a) Activities** The Center shall— (1) receive, aggregate, analyze, and secure, using processes consistent with the processes developed pursuant to the Cybersecurity Information Sharing Act of 2015 ([6 U.S.C. 1501](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title6-section1501&num=0&edition=prelim) et seq.) reports from covered entities related to a covered cyber incident to assess the effectiveness of security controls, identify tactics, techniques, and procedures adversaries use to overcome those controls and other cybersecurity purposes, including to assess potential impact of cyber incidents on public health and safety and to enhance situational awareness of cyber threats across critical infrastructure sectors; (2) coordinate and share information with appropriate Federal departments and agencies to identify and track ransom payments, including those utilizing virtual currencies; (3) leverage information gathered about cyber incidents to— (A) enhance the quality and effectiveness of information sharing and coordination efforts with appropriate entities, including agencies, sector coordinating councils, Information Sharing and Analysis Organizations, State, local, Tribal, and territorial governments, technology providers, critical infrastructure owners and operators, cybersecurity and cyber incident response firms, and security researchers; and (B) provide appropriate entities, including sector coordinating councils, Information Sharing and Analysis Organizations, State, local, Tribal, and territorial governments, technology providers, cybersecurity and cyber incident response firms, and security researchers, with timely, actionable, and anonymized reports of cyber incident campaigns and trends, including, to the maximum extent practicable

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Federal law — U.S. Code and appendices · legal_authorities

34 U.S.C. § 10101 — Establishment of Office of Justice Programs

There is hereby established an Office of Justice Programs within the Department of Justice under the general authority of the Attorney General. The Office of Justice Programs (hereinafter referred to in this chapter as the “Office”) shall be headed by an Assistant Attorney General (hereinafter in this chapter referred to as the “Assistant Attorney General”) appointed by the President, by and with the advice and consent of the Senate.

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Federal law — U.S. Code and appendices · legal_authorities

34 U.S.C. § 10284 — Definitions

As used in this subchapter— (1) “action outside of jurisdiction” means an action, not in the course of any compensated employment involving either the performance of public safety activity or the provision of security services, by a law enforcement officer, firefighter, or member of a rescue squad or ambulance crew that— (A) was taken in a jurisdiction where— (i) the law enforcement officer or firefighter then was not authorized to act, in the ordinary course, in an official capacity; or (ii) the member of a rescue squad or ambulance crew then was not authorized or licensed to act, in the ordinary course, by law or by the applicable agency or entity; (B) then would have been within the authority and line of duty of— (i) a law enforcement officer or a firefighter to take, who was authorized to act, in the ordinary course, in an official capacity, in the jurisdiction where the action was taken; or (ii) a member of a rescue squad or ambulance crew to take, who was authorized or licensed by law and by a pertinent agency or entity to act, in the ordinary course, in the jurisdiction where the action was taken; and (C) was, in an emergency situation that presented an imminent and significant danger or threat to human life or of serious bodily harm to any individual, taken— (i) by a law enforcement officer— (I) to prevent, halt, or respond to the immediate consequences of a crime (including an incident of juvenile delinquency); or (II) while engaging in a rescue activity or in the provision of emergency medical services; (ii) by a firefighter— (I) while engaging in fire suppression; or (II) while engaging in a rescue activity or in the provision of emergency medical services; or (iii) by a member of a resc

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Federal law — U.S. Code and appendices · legal_authorities

38 U.S.C. § 4303 — Definitions

For the purposes of this chapter— (1) The term “Attorney General” means the Attorney General of the United States or any person designated by the Attorney General to carry out a responsibility of the Attorney General under this chapter. (2) The term “benefit”, “benefit of employment”, or “rights and benefits” means the terms, conditions, or privileges of employment, including any advantage, profit, privilege, gain, status, account, or interest (including wages or salary for work performed) that accrues by reason of an employment contract or agreement or an employer policy, plan, or practice and includes rights and benefits under a pension plan, a health plan, an employee stock ownership plan, insurance coverage and awards, bonuses, severance pay, supplemental unemployment benefits, vacations, and the opportunity to select work hours or location of employment. (3) The term “employee” means any person employed by an employer. Such term includes any person who is a citizen, national, or permanent resident alien of the United States employed in a workplace in a foreign country by an employer that is an entity incorporated or otherwise organized in the United States or that is controlled by an entity organized in the United States, within the meaning of [section 4319(c) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section4319/c&num=0&edition=prelim). (4) (A) Except as provided in subparagraphs (B) and (C), the term “employer” means any person, institution, organization, or other entity that pays salary or wages for work performed or that has control over employment opportunities, including— (i) a person, institution, organization, or other entity to whom the employer has delegated the performance of employment-related respon

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Federal law — U.S. Code and appendices · legal_authorities

38 U.S.C. § 4312 — Reemployment rights of persons who serve in the uniformed services

**(a)** Subject to subsections (b), (c), and (d) and to section 4304, any person whose absence from a position of employment is necessitated by reason of service in the uniformed services shall be entitled to the reemployment rights and benefits and other employment benefits of this chapter if— (1) the person (or an appropriate officer of the uniformed service in which such service is performed) has given advance written or verbal notice of such service to such person’s employer; (2) the cumulative length of the absence and of all previous absences from a position of employment with that employer by reason of service in the uniformed services does not exceed five years; and (3) except as provided in subsection (f), the person reports to, or submits an application for reemployment to, such employer in accordance with the provisions of subsection (e). **(b)** (1) No notice is required under subsection (a)(1) if the giving of such notice is precluded by military necessity or, under all of the relevant circumstances, the giving of such notice is otherwise impossible or unreasonable. (2) A determination of military necessity for purposes of paragraph (1) shall be made— (A) except as provided in subparagraphs (B) and (C), pursuant to regulations prescribed by the Secretary of Defense; (B) for persons performing service to the Federal Emergency Management Agency under section 327 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act ([42 U.S.C. 5165f](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section5165f&num=0&edition=prelim)) and as intermittent personnel under section 306(b)(1) of such Act ([42 U.S.C. 5149(b)(1)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section5149/b/1&num=0&edition=prelim))

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Federal law — U.S. Code and appendices · legal_authorities

5 U.S.C. § 8101 — Definitions

For the purpose of this subchapter— (1) “employee” means— (A) a civil officer or employee in any branch of the Government of the United States, including an officer or employee of an instrumentality wholly owned by the United States; (B) an individual rendering personal service to the United States similar to the service of a civil officer or employee of the United States, without pay or for nominal pay, when a statute authorizes the acceptance or use of the service, or authorizes payment of travel or other expenses of the individual; (C) an individual, other than an independent contractor or an individual employed by an independent contractor, employed on the Menominee Indian Reservation in Wisconsin in operations conducted under a statute relating to tribal timber and logging operations on that reservation; (D) an individual employed by the government of the District of Columbia; (E) an individual appointed to a position on the office staff of a former President under section 1(b) of the Act of August 25, 1958 (72 Stat. 838); (F) an individual selected pursuant to chapter 121 of title 28, and serving as a petit or grand juror; and (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; but does not include— (i) a commissioned officer of the Regular Corps of the Public Health Service; (ii) a commissioned officer of the Reserve Corps 11 See Change of Name note below. of the Public Health Service on active duty; (iii) a commissioned officer of the Environmental Science Services Administration; or (iv) a member of the Metropolitan Police or the Fire D

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Federal law — U.S. Code and appendices · legal_authorities

34 U.S.C. § 10284 — Definitions

Page 91 TITLE 34—CRIME CONTROL AND LAW ENFORCEMENT § 10284 § 10283. National programs for families of public safety officers who have sustained fatal or catastrophic injury in the line of duty The Director is authorized to use no less than $150,000 of the funds appropriated for this sub- chapter to maintain and enhance national peer support and counseling programs to assist fami- lies of public safety officers who have sustained fatal or catastrophic injury in the line of duty. (Pub. L. 90–351, title I, § 1203, as added Pub. L. 100–690, title VI, § 6106(a)(2), Nov. 18, 1988, 102 Stat. 4341; amended Pub. L. 105–180, § 2(a), June 16, 1998, 112 Stat. 511; Pub. L. 112–239, div. A, title X, § 1086(b)(1)(D), Jan. 2, 2013, 126 Stat. 1966.) Editorial Notes CODIFICATION Section was formerly classified to section 3796a–1 of Title 42, The Public Health and Welfare, prior to edi- torial reclassification and renumbering as this section. PRIOR PROVISIONS A prior section 1203 of Pub. L. 90–351 was renumbered section 1204 and is classified to section 10284 of this title. Another prior section 1203 of Pub. L. 90–351, title VII, June 19, 1968, 82 Stat. 237, was set out in the Appendix to Title 18, Crimes and Criminal Procedure, prior to re- peal by Pub. L. 99–308, § 104(b), May 19, 1986, 100 Stat. 459. AMENDMENTS 2013—Pub. L. 112–239 substituted ‘‘who have sustained fatal or catastrophic injury in the line of duty’’ for ‘‘who have died in the line of duty’’ in section catchline and text. 1998—Pub. L. 105–180 amended text generally. Prior to amendment, text read as follows: ‘‘The Director is au- thorized and directed to use up to $150,000 of the funds appropriated for this subchapter to establish national programs to assist the families of public safety offi

Source: Supplied 2024 U.S. Code historical extraction · 34 U.S.C. § 10284

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