I 
110TH CONGRESS 
2D SESSION 
H. R. 6658 
To amend the Robert T. Stafford Disaster Relief and Emergency Assistance 
Act to enhance the Nation’s disaster preparedness, response, recovery, 
and mitigation capabilities, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
JULY 30, 2008 
Mr. OBERSTAR (for himself, Ms. NORTON, Mr. FILNER, Mrs. TAUSCHER, Mr. 
BOSWELL, Mr. BISHOP of New York, Mr. CARNAHAN, Mrs. NAPOLITANO, 
Mr. BRALEY of Iowa, Mr. COHEN, Mr. CARNEY, Ms. MATSUI, and Ms. 
EDDIE BERNICE JOHNSON of Texas) introduced the following bill; which 
was referred to the Committee on Transportation and Infrastructure 
A BILL 
To amend the Robert T. Stafford Disaster Relief and Emer-
gency Assistance Act to enhance the Nation’s disaster 
preparedness, response, recovery, and mitigation capabili-
ties, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Disaster Response, Re-
covery, and Mitigation Enhancement Act of 2008’’. 
SEC. 2. TABLE OF CONTENTS. 
Sec. 1. Short title. 
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Sec. 2. Table of contents. 
TITLE I—MAJOR DISASTER AND EMERGENCY ASSISTANCE 
ADMINISTRATION 
Sec. 101. Pre-disaster hazard mitigation. 
Sec. 102. Integrated public alert and warning system modernization. 
Sec. 103. Health benefits for temporary employees. 
Sec. 104. Disposal of excess property to assist other disaster victims. 
Sec. 105. National Urban Search and Rescue Response System. 
Sec. 106. Disaster Relief Fund. 
TITLE II—MAJOR DISASTER AND EMERGENCY ASSISTANCE 
PROGRAMS 
Sec. 201. Additional mitigation assistance. 
Sec. 202. Temporary mortgage and rental payments. 
Sec. 203. Clarification of grant authority. 
Sec. 204. Household pets and service animals. 
Sec. 205. Storage, sale, transfer, and disposal of housing units. 
TITLE III—OTHER MATTERS 
Sec. 301. Community preparedness. 
Sec. 302. Emergency management assistance compact grants. 
Sec. 303. Authority to accept and use gifts. 
Sec. 304. Individual assistance factors. 
Sec. 305. Technical corrections to references. 
TITLE I—MAJOR DISASTER AND 
EMERGENCY ASSISTANCE AD-
MINISTRATION 
SEC. 101. PRE-DISASTER HAZARD MITIGATION. 
(a) ALLOCATION OF FUNDS.—Section 203(f) of the 
Robert T. Stafford Disaster Relief and Emergency Assist-
ance Act (42 U.S.C. 5133(f)) is amended to read as fol-
lows: 
‘‘(f) ALLOCATION OF FUNDS.— 
‘‘(1) IN GENERAL.—The President shall award 
financial assistance under this section on a competi-
tive basis and in accordance with the criteria in sub-
section (g). 
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‘‘(2) MINIMUM AND MAXIMUM AMOUNTS.—In 
providing financial assistance under this section, the 
President shall ensure that the amount of financial 
assistance made available to a State (including 
amounts made available to local governments of the 
State) for a fiscal year— 
‘‘(A) is not less than the lesser of— 
‘‘(i) $575,000; or 
‘‘(ii) the amount that is equal to one 
percent of the total funds appropriated to 
carry out this section for the fiscal year; 
and 
‘‘(B) does not exceed the amount that is 
equal to 15 percent of the total funds appro-
priated to carry out this section for the fiscal 
year.’’. 
(b) AUTHORIZATION OF APPROPRIATIONS.—Section 
203(m) of such Act (42 U.S.C. 5133(m)) is amended to 
read as follows: 
‘‘(m) AUTHORIZATION OF APPROPRIATIONS.—There 
is authorized to be appropriated to carry out this section 
$250,000,000 for each of fiscal years 2009, 2010, and 
2011.’’. 
(c) REFERENCES.—Section 203 of such Act (42 
U.S.C. 5133) is amended— 
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(1) 
in 
the 
section 
heading 
by 
striking 
‘‘PREDISASTER’’ and inserting ‘‘PRE-DISASTER’’; 
(2) in the subsection heading for subsection (i) 
by striking ‘‘PREDISASTER’’ and inserting ‘‘PRE- 
DISASTER’’; 
(3) by striking ‘‘Predisaster’’ each place it ap-
pears and inserting ‘‘Pre-Disaster’’; and 
(4) by striking ‘‘predisaster’’ each place it ap-
pears and inserting ‘‘pre-disaster’’. 
SEC. 102. INTEGRATED PUBLIC ALERT AND WARNING SYS-
TEM MODERNIZATION. 
(a) IN GENERAL.—Section 202 of the Robert T. 
Stafford Disaster Relief and Emergency Assistance Act 
(42 U.S.C. 5132) is amended by adding at the end the 
following: 
‘‘(e) INTEGRATED PUBLIC ALERT
AND WARNING 
SYSTEM MODERNIZATION.— 
‘‘(1) IN GENERAL.—To provide timely and ef-
fective disaster warnings under this section, the 
President, acting through the Administrator of the 
Federal Emergency Management Agency, shall— 
‘‘(A) modernize the integrated public alert 
and warning system of the United States (in 
this section referred to as the ‘public alert and 
warning system’) to ensure that the President 
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‘‘(A) IN
GENERAL.—The Administrator 
may conduct pilot programs for the purpose of 
demonstrating the feasibility of using a variety 
of methods for achieving the system require-
ments specified in paragraph (3). 
‘‘(B) REPORT.—Not later than 6 months 
after the date of enactment of this subsection, 
and annually thereafter for the duration of the 
pilot programs, the Administrator shall submit 
to the Committee on Transportation and Infra-
structure of the House of Representatives and 
the Committee on Homeland Security and Gov-
ernmental Affairs of the Senate a report con-
taining— 
‘‘(i) a description and assessment of 
the effectiveness of the pilot programs; 
‘‘(ii) any recommendations of the Ad-
ministrator for additional authority to con-
tinue the pilot programs or make any of 
the programs permanent; and 
‘‘(iii) any other findings and conclu-
sions of the Administrator with respect to 
the pilot programs. 
‘‘(5) IMPLEMENTATION PLAN.—Not later than 
6 months after the date of submission of the final 
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report of the Integrated Public Alert and Warning 
System Advisory Committee, the Administrator shall 
submit to the Committee on Transportation and In-
frastructure of the House of Representatives and the 
Committee on Homeland Security and Governmental 
Affairs of the Senate a detailed plan for imple-
menting this subsection. The plan shall include a 
timeline for implementation, a spending plan, and 
recommendations for any additional authority that 
may be necessary to fully implement this subsection. 
‘‘(6) AUTHORIZATION
OF
APPROPRIATIONS.— 
There is authorized to be appropriated to carry out 
this subsection $37,000,000 for fiscal year 2009 and 
such sums as may be necessary for each fiscal year 
thereafter.’’. 
(b) INTEGRATED PUBLIC ALERT AND WARNING SYS-
TEM MODERNIZATION ADVISORY COMMITTEE.— 
(1) ESTABLISHMENT.—Not later than 60 days 
after the date of enactment of this Act, the Adminis-
trator of the Federal Emergency Management Agen-
cy shall establish an advisory committee to be known 
as the Integrated Public Alert and Warning System 
Advisory Committee (in this subsection referred to 
as the ‘‘Advisory Committee’’). 
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(2) MEMBERSHIP.—The Advisory Committee 
shall be composed of the following members, to be 
appointed by the Administrator as soon as prac-
ticable after the date of enactment of this Act— 
(A) The Chairman of the Federal Commu-
nications Commission (or the Chairman’s des-
ignee). 
(B) The Administrator of the National 
Oceanic and Atmospheric Administration of the 
Department of Commerce (or the Administra-
tor’s designee). 
(C) The Assistant Secretary for Commu-
nications and Information of the Department of 
Commerce (or the Assistant Secretary’s des-
ignee). 
(D) Representatives of State and local gov-
ernments, representatives of emergency man-
agement agencies, and representatives of emer-
gency response providers, selected from among 
individuals nominated by national organizations 
representing governments and personnel. 
(E) Representatives from federally recog-
nized Indian tribes and national Indian organi-
zations. 
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(F) Individuals who have the requisite 
technical knowledge and expertise to serve on 
the Advisory Committee, including representa-
tives of— 
(i) communications service providers; 
(ii) vendors, developers, and manufac-
turers of systems, facilities, equipment, 
and capabilities for the provision of com-
munications services; 
(iii) third-party service bureaus; 
(iv) the broadcasting industry; 
(v) the national organization rep-
resenting the licensees and permittees of 
noncommercial broadcast television sta-
tions; 
(vi) the cellular industry; 
(vii) the cable industry; 
(viii) the satellite industry; and 
(ix) 
national 
organizations 
rep-
resenting individuals with special needs, in-
cluding individuals with disabilities and the 
elderly. 
(G) Qualified representatives of such other 
stakeholders and interested and affected parties 
as the Administrator considers appropriate. 
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(3) CHAIRPERSON.—The Administrator (or the 
Administrator’s designee) shall serve as the Chair-
person of the Advisory Committee. 
(4) MEETINGS.— 
(A) INITIAL MEETING.—The initial meet-
ing of the Advisory Committee shall take place 
not later than 60 days after the date of enact-
ment of this Act. 
(B) OTHER MEETINGS.—After the initial 
meeting, the Advisory Committee shall meet at 
the call of the Chairperson. 
(C) NOTICE; OPEN MEETINGS.—Meetings 
held by the Advisory Committee shall be duly 
noticed at least 14 days in advance and shall be 
open to the public. 
(5) RULES.— 
(A) QUORUM.—One-third of the members 
of the Advisory Committee shall constitute a 
quorum for conducting business of the Advisory 
Committee. 
(B) SUBCOMMITTEES.—To assist the Advi-
sory Committee in carrying out its functions, 
the Chairperson may establish appropriate sub-
committees composed of members of the Advi-
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sory Committee and other subject matter ex-
perts as the Chairperson considers necessary. 
(C) ADDITIONAL
RULES.—The Advisory 
Committee may adopt such other rules as are 
necessary to carry out its duties. 
(6) RECOMMENDATIONS.—The Advisory Com-
mittee shall develop and submit in its final report 
recommendations for an integrated public alert and 
warning system, including— 
(A) recommendations for common alerting 
and warning protocols, standards, terminology, 
and operating procedures for the public alert 
and warning system; 
(B) recommendations to provide for a pub-
lic alert and warning system that— 
(i) has the capability to adapt the dis-
tribution and content of communications 
on the basis of geographic location, risks, 
or personal user preferences, as appro-
priate; 
(ii) has the capability to alert and 
warn individuals with disabilities and indi-
viduals with limited English proficiency; 
(iii) incorporates multiple communica-
tions technologies; 
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(iv) is designed to adapt to, and incor-
porate, future technologies for commu-
nicating directly with the public; 
(v) is designed to provide alerts to the 
largest portion of the affected population 
feasible, including nonresident visitors and 
tourists, and improve the ability of remote 
areas to receive alerts; 
(vi) promotes local and regional public 
and private partnerships to enhance com-
munity preparedness and response; and 
(vii) provides redundant alert mecha-
nisms where practicable so as to reach the 
greatest number of people regardless of 
whether they have access to, or utilize, any 
specific medium of communication or any 
particular device. 
(7) FINAL REPORT.—Not later than one year 
after the date of enactment of this Act, the Advisory 
Committee shall submit to the Administrator, the 
Committee on Transportation and Infrastructure of 
the House of Representatives, and the Committee on 
Homeland Security and Governmental Affairs of the 
Senate a report containing the recommendations of 
the Advisory Committee. 
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(8) FEDERAL
ADVISORY
COMMITTEE
ACT.— 
Neither the Federal Advisory Committee Act (5 
U.S.C. App.) nor any rule, order, or regulation pro-
mulgated under that Act shall apply to the Advisory 
Committee. 
(9) TERMINATION.—The Advisory Committee 
shall terminate not later than 60 days following the 
submission of its final report. 
(c) TECHNICAL CORRECTION.—Section 202(c) of the 
Robert T. Stafford Disaster Relief and Emergency Assist-
ance Act (42 U.S.C. 5132(c)) is amended by striking ‘‘sec-
tion 611(c)’’ and inserting ‘‘section 611(d)’’. 
(d) LIMITATION ON STATUTORY CONSTRUCTION.— 
Nothing in this section (including the amendment made 
by this section) shall be construed to affect the authority 
of the Department of Commerce or the Federal Commu-
nications Commission. 
SEC. 103. HEALTH BENEFITS FOR TEMPORARY EMPLOY-
EES. 
Section 306 of the Robert T. Stafford Disaster Relief 
and Emergency Assistance Act (42 U.S.C. 5149) is 
amended by adding at the end the following: 
‘‘(c) HEALTH BENEFITS.— 
‘‘(1) IN GENERAL.—Notwithstanding any provi-
sion of title 5, United States Code, or related regula-
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tions limiting or prohibiting the provision of health 
benefits for temporary or intermittent employees, 
personnel appointed under subsection (b)(1) shall be 
eligible to enroll in the Federal Employees Health 
Benefits plan or any successor health benefits plan 
approved and administered by the Office of Per-
sonnel Management under terms and conditions set 
by the agency appointing the temporary personnel. 
‘‘(2) ANNUAL
REPORT.—Not later than one 
year after the date of enactment of this subsection, 
and annually thereafter, the President shall submit 
to the Committee on Transportation and Infrastruc-
ture of the House of Representatives and the Com-
mittee on Homeland Security and Governmental Af-
fairs of the Senate a report on the implementation 
of this subsection.’’. 
SEC. 104. DISPOSAL OF EXCESS PROPERTY TO ASSIST 
OTHER DISASTER VICTIMS. 
(a) DISPOSAL OF EXCESS MATERIALS, SUPPLIES, 
AND EQUIPMENT.—Title III of the Robert T. Stafford 
Disaster Relief and Emergency Assistance Act (42 U.S.C. 
5141 et seq.) is amended by adding at the end the fol-
lowing: 
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‘‘SEC. 327. DISPOSAL OF EXCESS MATERIALS, SUPPLIES, 
AND EQUIPMENT. 
‘‘(a) IN GENERAL.—Notwithstanding any other pro-
vision of law, if the President determines that materials, 
supplies, or equipment acquired by the President pursuant 
to title IV or V for response or recovery efforts in connec-
tion with a major disaster or emergency are in excess of 
the amount needed for those efforts, the President may 
transfer the excess materials, supplies, or equipment, by 
sale, at a price that is fair and equitable, directly to a 
State, local government, or relief or disaster assistance or-
ganization for the purpose of— 
‘‘(1) assisting disaster victims in other major 
disasters and emergencies; and 
‘‘(2) assisting victims in incidents caused by a 
hazard that do not result in a declaration of a major 
disaster or emergency if— 
‘‘(A) the Governor of the affected State 
certifies that— 
‘‘(i) there is an urgent need for the 
materials, supplies, or equipment; and 
‘‘(ii) the State is unable to provide the 
materials, supplies, or equipment in a 
timely manner; and 
‘‘(B) the President determines that the 
materials, supplies, or equipment are not read-
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ily available from commercial sources, except 
that this subparagraph shall not apply in the 
case of a transfer of perishable supplies. 
‘‘(b) DEPOSIT OF PROCEEDS.—Notwithstanding any 
other provision of law, any proceeds received under sub-
section (a) shall be deposited in the appropriate Disaster 
Relief Fund account. 
‘‘(c) HAZARD DEFINED.—In this section, the term 
‘hazard’ has the meaning given that term by section 
602.’’. 
(b) DISPOSAL OF TEMPORARY HOUSING UNITS.— 
(1) DISPOSAL.—Section 408(d)(2)(B)(ii) of the 
Robert T. Stafford Disaster Relief and Emergency 
Assistance Act (42 U.S.C. 5174(d)(2)(B)(ii)) is 
amended by striking ‘‘victims in major disasters and 
emergencies’’ and inserting ‘‘victims in major disas-
ters and emergencies and in incidents caused by a 
hazard that do not result in a declaration of a major 
disaster or emergency’’. 
(2) LIMITATION.—Section 408(d)(2) of such 
Act (42 U.S.C. 5174(d)(2)) is amended by adding at 
the end the following: 
‘‘(C) LIMITATION.—In the case of an inci-
dent caused by a hazard that does not result in 
a declaration of a major disaster or emergency, 
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the President may make temporary housing 
units available under subparagraph (B)(ii) only 
if— 
‘‘(i) the Governor of the affected State 
certifies that— 
‘‘(I) there is an urgent need for 
the temporary housing units; and 
‘‘(II) the State is unable to pro-
vide the temporary housing units in a 
timely manner; and 
‘‘(ii) the President determines that 
the temporary housing units are not read-
ily available from commercial sources. 
‘‘(D) HAZARD
DEFINED.—In this para-
graph, the term ‘hazard’ has the meaning given 
that term by section 602.’’. 
(3) SPECIAL RULE.—In the case of an unused 
temporary housing unit described in section 689k of 
the Post-Katrina Emergency Management Reform 
Act of 2006 (Public Law 109–295; 120 Stat. 1456), 
the President may dispose of the unit in accordance 
with the requirements of that section or in accord-
ance with section 408(d)(2)(B)(ii) of the Robert T. 
Stafford Disaster Relief and Emergency Assistance 
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Act (42 U.S.C. 5174(d)(2)(B)(ii)), as amended by 
this section. 
SEC. 105. NATIONAL URBAN SEARCH AND RESCUE RE-
SPONSE SYSTEM. 
(a) IN GENERAL.—Title III of the Robert T. Stafford 
Disaster Relief and Emergency Assistance Act (42 U.S.C. 
5141 et seq.) is amended by adding at the end the fol-
lowing: 
‘‘SEC. 328. NATIONAL URBAN SEARCH AND RESCUE RE-
SPONSE SYSTEM. 
‘‘(a) DEFINITIONS.—In this section, the following 
definitions apply: 
‘‘(1) ADMINISTRATOR.—The term ‘Adminis-
trator’ 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 that term by section 602. 
‘‘(4) NON-EMPLOYEE
SYSTEM
MEMBER.—The 
term ‘non-employee System member’ means a Sys-
tem member not employed by a sponsoring agency 
or participating agency. 
‘‘(5) PARTICIPATING AGENCY.—The term ‘par-
ticipating agency’ means a State or local govern-
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ment, nonprofit organization, or private organization 
that has executed an agreement with a sponsoring 
agency to participate in the System. 
‘‘(6) SPONSORING AGENCY.—The term ‘spon-
soring 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 Sys-
tem 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, 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 require-
ments 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 
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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 Administrator 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 of each task force with respect to the partici-
pation of the task force in the System. 
‘‘(3) COMPOSITION.— 
‘‘(A) PARTICIPATING
AGENCIES.—A task 
force may include, at the discretion of the spon-
soring agency of the task force, one or more 
participating agencies. The sponsoring agency 
of a task force shall enter into an agreement 
with each participating agency of the task force 
with respect to the participation of the partici-
pating agency on the task force. 
‘‘(B) OTHER INDIVIDUALS.—A task force 
may also include, at the discretion of the spon-
soring agency of the task force, other individ-
uals not otherwise associated with the spon-
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soring agency or a participating agency of the 
task force. The sponsoring agency of a task 
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 
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appointments under this subsection shall not affect 
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) to make payments directly to a non- 
employee System member on the task force for 
any period during which the non-employee 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 Government 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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‘‘(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, mechan-
ical, or other skill or type of assistance required by the 
System, the System member shall be deemed to be per-
forming a Federal activity when rendering aid involving 
such skill or assistance during a period of appointment 
into Federal service under subsection (f)(1). 
‘‘(l) ADVISORY COMMITTEE.— 
‘‘(1) IN GENERAL.—The Administrator shall es-
tablish and maintain an advisory committee to pro-
vide expert recommendations to the Administrator in 
order to assist the Administrator in administering 
the System. 
‘‘(2) COMPOSITION.—The advisory committee 
shall be composed of members from geographically 
diverse areas, and shall include— 
‘‘(A) the chief officer or senior executive 
from at least 3 sponsoring agencies; 
‘‘(B) the senior emergency manager from 
at least 2 States that include sponsoring agen-
cies; and 
‘‘(C) at least one representative rec-
ommended by the leaders of the task forces. 
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‘‘(3) INAPPLICABILITY
OF
TERMINATION
RE-
QUIREMENT.—Section 14(a)(2) of the Federal Advi-
sory Committee Act (5 U.S.C. App.) shall not apply 
to the advisory committee under this subsection. 
‘‘(m) 
PREPAREDNESS
COOPERATIVE
AGREE-
MENTS.— 
‘‘(1) IN GENERAL.—Subject to the availability 
of appropriations for such purpose, the Adminis-
trator shall enter into an annual preparedness coop-
erative agreement with each sponsoring agency. 
Amounts made available to a sponsoring agency 
under such a preparedness cooperative agreement 
shall be for the following purposes: 
‘‘(A) Training and exercises, including 
training and exercises with other Federal, 
State, and local government response entities. 
‘‘(B) Acquisition and maintenance of 
equipment, including interoperable communica-
tions and personal protective equipment. 
‘‘(C) Medical monitoring required for re-
sponder safety and health in anticipation of and 
following a major disaster, emergency, or other 
hazard, as determined by the Administrator. 
‘‘(2) AVAILABILITY OF APPROPRIATIONS.—Not-
withstanding section 1552(b) of title 31, United 
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States Code, amounts made available for cooperative 
agreements under this subsection that are not ex-
pended shall be deposited in an Agency account and 
shall remain available for such agreements without 
fiscal year limitation. 
‘‘(n) 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. 
‘‘(o) OBLIGATIONS.—The Administrator may incur 
all necessary obligations consistent with this section in 
order to ensure the effectiveness of the System. 
‘‘(p) AUTHORIZATION OF APPROPRIATIONS.— 
‘‘(1) IN GENERAL.—There is authorized to be 
appropriated to carry out this section $52,000,000 
for each of fiscal years 2009, 2010, and 2011. Such 
sums shall be in addition to amounts made available 
from the Disaster Relief Fund for response coopera-
tive agreements entered into under subsection (n). 
‘‘(2) ADMINISTRATIVE
EXPENSES.—The Ad-
ministrator may use not to exceed 6 percent of the 
funds appropriated for a fiscal year pursuant to 
paragraph (1) for salaries, expenses, and other ad-
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