force may enter into a separate agreement with 
each such individual with respect to the partici-
pation 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 ap-
point 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 ap-
pointments under paragraph (1) without regard to 
the provisions of title 5, United States Code, gov-
erning appointments in the competitive service. 
‘‘(3) RELATIONSHIP
TO
OTHER
AUTHORI-
TIES.—The authority of the Administrator to make 
appointments under this subsection shall not affect 
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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 deemed 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 Sys-
tem 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) as appropriate, in lieu of providing 
reimbursement to an employer of a System 
member on the task force under subparagraph 
(A), to make payments directly to the System 
member for any period during which the Sys-
tem member is appointed into Federal service 
under subsection (f)(1). 
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‘‘(2) REIMBURSEMENT FOR EMPLOYEES FILL-
ING POSITIONS OF SYSTEM MEMBERS.— 
‘‘(A) IN GENERAL.—Subject to such terms 
and conditions as the Administrator may im-
pose by regulation, the Administrator shall 
make payments to the sponsoring agency of a 
task force to reimburse each employer of a Sys-
tem 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 mem-
ber is appointed into Federal service under sub-
section (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 Fed-
eral service under subsection (f)(1). 
‘‘(3) METHOD OF PAYMENT.—A System mem-
ber shall not be entitled to pay directly from the 
Agency for a period during which the System mem-
ber is appointed into Federal service under sub-
section (f)(1). 
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‘‘(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, dis-
ability, or death as a result of a personal injury sus-
tained 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.—If a System member 
(or, in the case of the death of the System 
member, the System member’s dependent) is 
entitled— 
‘‘(i) 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 
‘‘(ii) to receive benefits from a State 
or local government by reason of the same 
personal injury, illness, disability, or death, 
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the System member or dependent shall elect to 
receive either the benefits referred to in clause 
(i) or (ii). 
‘‘(B) DEADLINE.—A System member or 
dependent shall make an election of benefits 
under subparagraph (A) not later than one 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 Sec-
retary of Labor may allow for reasonable cause 
shown. 
‘‘(C) EFFECT OF ELECTION.—An election 
of benefits made under this paragraph is irrev-
ocable 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, in the 
event that a System member or dependent elects 
benefits from a State or local government under 
paragraph (2)(A), the Administrator shall reimburse 
the State or local government for the value of those 
benefits. 
‘‘(i) LIABILITY.—A System member appointed into 
Federal service under subsection (f)(1), while acting with-
in the scope of the appointment, is deemed an employee 
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of the United States 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 as a System member shall be 
deemed ‘service in the uniformed services’ for pur-
poses of chapter 43 of title 38, United States Code, 
relating to employment and reemployment rights of 
individuals who have performed service in the uni-
formed services (regardless of whether the individual 
receives compensation for such participation). All 
rights and obligations of such persons and proce-
dures for assistance, enforcement, and investigation 
shall be as provided for in such chapter. 
‘‘(2) Preclusion of giving notice of service by 
necessity of appointment under this section shall be 
deemed preclusion by ‘military necessity’ for pur-
poses 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 ne-
cessity shall be made by the Administrator and shall 
not be subject to judicial review. 
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