To amend the Homeland Security Act of 2002 to direct the Secretary of Homeland Security to maintain a Response and Recovery Corps to perform functions related to the collective response to acts of terrorism, natural disasters, and other emergencies, and for other purposes.

Summary: Homeland Security Relief Corps Act of 2008 - Directs the Secretary of Homeland Security to maintain within the Department of Homeland Security (DHS) a Response and Recovery Corps to perform functions related to the collective response to acts of terrorism, natural disasters, and other emergencies.

 Requires the Corps to consist of individuals who do not ordinarily have the duties of a full-time DHS officer or employee.

Directs the Secretary to ensure that: (1) each Corps member receives core training in functions relating to emergency response or post-incident recovery and rebuilding efforts, or both; and (2) at least 30% of Corps members assigned to carry out a project reside, or resided prior to an act of terrorism, natural disaster, or other emergency, in the region in which the project is conducted.

Requires the Secretary to: (1) identify response and recovery projects that warrant support from the Corps; (2) direct and oversee Corps activities; (3) govern the selection of Corps members; and (4) formulate and administer a system of uniform periodic reports on the number of individuals employed by, and the number of individuals and households receiving relief from, the Corps.

Authorizes the Secretary to appoint a Corps member into federal service for the purpose of participation in Corps activities without regard to provisions governing appointments in the competitive service.

Directs the Secretary to 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.

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Homeland Security Relief Corps Act 
of 2008''.

SEC. 2. RESPONSE AND RECOVERY CORPS.

    (a) In General.--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:

``SEC. 525. RESPONSE AND RECOVERY CORPS.

    ``(a) Establishment.--The Secretary shall maintain within the 
Department a Response and Recovery Corps (in this section referred to 
as the `Corps').
    ``(b) Purpose.--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) Participants.--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) Training.--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) Projects.--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) Geographic Distribution.--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) Duties.--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 general.--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) Employment status.--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) Pay.--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) In general.--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) Election of benefits.--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 benefits.--
                In 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) Liability.--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 rights.--The 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) Plan.--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) Report.--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 Appropriations.--There are authorized to be 
appropriated to carry out this section such sums as may be necessary 
for fiscal years 2009 and 2010.''.
    (b) Conforming Amendment.--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.''.