110 HR 6425 IH: Homeland Security Relief Corps Act of
U.S. House of Representatives
2008-06-26
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.
1.This Act may be cited as the
Homeland Security Relief Corps Act of
2008
.
2.Response and
Recovery Corps
(a)Title V of the
Homeland Security Act of 2002 (6 U.S.C. 311 et seq.) is amended by adding at
the end the following:
525.Response and
Recovery Corps
(a)The
Secretary shall maintain within the Department a Response and Recovery Corps
(in this section referred to as the Corps
).
(b)The
purpose of the Corps shall be to perform functions related to the collective
response to acts of terrorism, natural disasters, and other emergencies.
(c)The
Corps shall consist of individuals appointed to the Corps by the Secretary (in
this section referred to as Corps members
), each of whom—
(1)does not
ordinarily have the duties of a full-time officer or employee of the
Department; but
(2)is able to assume
duties when the Secretary so requires.
(d)The
Secretary shall ensure that each Corps member receives core training in
functions relating to emergency response or post-incident recovery and
rebuilding efforts, or both.
(e)The
Corps shall be responsible for working on projects, as determined by the
Secretary, that support the function of responding collectively to acts of
terrorism, natural disasters, and other emergencies and rebuilding impacted
areas.
(f)In any case in which the Secretary directs the Corps
to carry out a project, the Secretary shall ensure that at least 30 percent of
the Corps members assigned to carry out the project reside, or resided prior to
an act of terrorism, natural disaster, or other emergency, in the region in
which the project is conducted.
(g)The
Secretary shall—
(1)identify response
and recovery projects that warrant support from the Corps;
(2)direct and oversee
the activities of the Corps;
(3)govern the
selection of Corps members using the criteria contained in subsection (c);
and
(4)formulate and
administer a system of uniform periodic reports on the number of individuals
employed by the Corps and the number of individuals and households receiving
relief from the Corps.
(h)Appointment into
Federal service
(1)In addition to the
exercise of any other authorities under this section, the Secretary may appoint
a Corps member into Federal service for the purpose of participation in the
activities of the Corps without regard to the provisions of title 5, United
States Code, governing appointments in the competitive service.
(2)Regardless of any
other employment status, a Corps member who is appointed into Federal service
pursuant to this subsection is deemed an employee of a Federal agency for all
purposes except—
(A)subchapter III of
chapter 83 of title 5, United States Code, pertaining to labor grievances,
appeal and review, or any applicable retirement system;
(B)chapter 87 of
title 5, United States Code, pertaining to life insurance; and
(C)chapter 89 of
title 5, United States Code, pertaining to health insurance, or other
applicable health benefits system, unless the Corps member’s appointment
results in the loss of coverage in a group health benefits plan the premium of
which has been paid in whole or in part by a State or local government
contribution.
(3)During a period of appointment into Federal
service pursuant to this subsection, Corps members shall receive pay at rates
to be established by the Secretary without regard to the provisions of chapter
51 and subchapter III of chapter 53 of title 5, United States Code, relating to
classification and General Schedule pay rates.
(4)Personal injury,
illness, disability, or death
(A)A Corps member who is
appointed into Federal service pursuant to this subsection and who suffers
personal injury, illness, disability, or death as a result of personal injury
sustained while in the performance of the member’s duty during the appointment
into Federal service 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 such title) who had sustained the injury in the
performance of duty.
(B)When a Corps member (or, in the case of the death of the
Corps member, the Corps member’s dependent) is entitled by reason of injury,
illness, disability, or death to benefits under subchapter I of chapter 81 of
title 5, United States Code, and is also entitled to benefits from a State or
local government for the same injury, illness, disability, or death, the Corps
member (or such dependent) shall elect which benefits the Corps member will
receive. The election shall be made not later than 1 year after the injury,
illness, disability or death, or such further time as the Secretary of Labor
may allow for reasonable cause shown. When made, the election is irrevocable
unless otherwise provided by law.
(C)Reimbursement
for State or local benefitsIn the event that a Corps member
elects benefits from a State or local government under subparagraph (B), the
Secretary may reimburse that State or local government for the value of those
benefits.
(5)A
Corps member appointed into Federal service pursuant to this subsection is
deemed an employee of the Department for the purposes of the Federal Tort
Claims Act and any other Federal third party liability statute.
(6)Employment and
reemployment rightsThe following apply with respect to a Corps
member during periods of appointment to Federal service pursuant to this
subsection:
(A)Service as a Corps
member shall be deemed service in the uniformed services
for
purposes of chapter 43 of title 38, United States Code, pertaining 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 chapter 43 of title 38, United States Code.
(B)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 Secretary.
(C)Subject to the
availability of appropriations, the Secretary may recognize employer support of
the deployment of Corps members and their cooperation to allow Corps members to
receive authorized training.
(i)Gulf Coast
recovery and rebuilding efforts
(1)The Secretary shall develop a plan for
directing the Corps to assist in recovery and rebuilding efforts for the Gulf
Coast region in the wake of Hurricane Katrina.
(2)Not later than 120 days after the date of
enactment of this Act, the Secretary shall submit to the Committee on Homeland
Security of the House of Representatives and the Committee on Homeland Security
and Governmental Affairs of the Senate a report containing the plan developed
under paragraph (1).
(j)Authorization of
appropriationsThere are authorized to be appropriated to carry
out this section such sums as may be necessary for fiscal years 2009 and
2010.
.
(b)The table of contents contained in section (1)(b) of
such Act (6 U.S.C. 101 et seq.) is amended by adding at the end of the items
relating to title V the following:
Sec. 525. Response and Recovery
Corps.
.