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108th CONGRESS
1st Session
S. 921
To authorize the Secretary of Homeland Security to make grants to
reimburse State and local governments and Indian tribes for certain
costs relating to the mobilization of Reserves who are first responder
personnel of such governments or tribes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
April 11, 2003
Mr. Lautenberg (for himself, Mrs. Clinton, Mr. Corzine, Mr. Daschle,
Mr. Leahy, Ms. Milkulski, Mr. Sarbanes, and Mr. Schumer) introduced the
following bill; which was read twice and referred to the Committee on
the Judiciary
_______________________________________________________________________
A BILL
To authorize the Secretary of Homeland Security to make grants to
reimburse State and local governments and Indian tribes for certain
costs relating to the mobilization of Reserves who are first responder
personnel of such governments or tribes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``State and Local Reservist First
Responders Assistance Act of 2003''.
SEC. 2. GRANTS TO STATE AND LOCAL GOVERNMENTS AND INDIAN TRIBES FOR
CERTAIN COSTS RELATING TO MOBILIZATION OF RESERVES WHO
ARE FIRST RESPONDER PERSONNEL.
(a) Grants Authorized.--The Secretary of Homeland Security may make
a grant of financial assistance to any State or local government or
Indian tribe in order to reimburse the State or local government or
tribe for costs incurred by the State or local government or tribe as a
result of a call or order to active duty of one or more Reserves who
are first responder personnel of the State or local government or tribe
if the call or order to duty is issued under the authority of a
provision of law referred to in section 101(a)(13)(B) of title 10,
United States Code.
(b) First Responder Personnel.--For purposes of this section, the
term ``first responder personnel''--
(1) means police, fire, rescue, emergency medical service,
and emergency hazardous material disposal personnel; and
(2) includes such other personnel as the Secretary may
specify in regulations prescribed under this section.
(c) Covered Costs.--(1) The costs that may be reimbursed by a grant
under subsection (a) to a State or local government or Indian tribe in
connection with a call or order of first responder personnel of the
State or local government or tribe to active duty are any costs
incurred by the State or local government or tribe as follows:
(A) Costs (including salary and benefits) of hiring first
responder personnel to replace the first responder personnel
called or ordered to active duty.
(B) Costs of overtime pay for other first responder
personnel of the State or local government or tribe.
(C) Any other costs that the Secretary specifies in
regulations prescribed under this section.
(2) Costs of a State or local government or tribe may be reimbursed
by a grant under subsection (a) only if the State or local government
or tribe would not have incurred such costs but for the absence of
first responder personnel pursuant to a call or order to active duty
described in that subsection.
(3) In seeking reimbursement for costs under subsection (a), a
State or local government or tribe shall deduct from the costs for
which reimbursement is sought the amounts, if any, saved by the State
or local government or tribe by reason of the absence of first
responder personnel for active duty pursuant to a call or order to
active duty described in that subsection.
(d) Period Covered by Grant.--(1) Except as provided in paragraph
(2), a grant under subsection (a) shall reimburse a State or local
government or Indian tribe for costs incurred by the State or local
government or tribe during the year preceding the year of the
application for the grant under subsection (f).
(2) If the active duty of a particular Reserve during a year is
insufficient to meet the duty requirement in subsection (e) for such
year, but when combined with active duty in the succeeding year is
sufficient to meet the duty requirement for such succeeding year, a
grant under subsection (a) for such succeeding year shall also
reimburse the State or local government or tribe for costs incurred in
connection with the active duty of the Reserve during such year.
(e) Minimum Period of Duty for Reimbursement.--(1) Costs may be
reimbursed by a grant under subsection (a) with respect to a particular
Reserve only if the Reserve serves six or more consecutive months on
active duty pursuant to a call or order to active duty issued under the
authority of a provision of law referred to in subsection (a) at any
time during the two calendar years preceding the application for the
grant under subsection (f).
(2) If a particular Reserve meets the duty requirement in paragraph
(1) for a grant under subsection (a) for a year, costs reimbursable by
the grant shall include any costs in connection with the active duty of
the Reserve described in that paragraph during such year.
(f) Minimum Grant Allocation.--If in any fiscal year the total
amount authorized to be appropriated by subsection (j) for grants under
subsection (a) is less than the amount of grants that could otherwise
be made under subsection (a) in such fiscal year, the aggregate amount
available for grants under subsection (a) in such fiscal year for each
State (including grants to such State and local governments and Indian
tribes in such State) shall be not less than the amount equal to 0.75
percent of the amount authorized to be appropriated by subsection (j)
for grants under subsection (a) in such fiscal year, except that the
aggregate amount available for grants under subsection (a) in such
fiscal year for each of the Virgin Islands, Guam, American Samoa, and
the Commonwealth of the Northern Mariana Islands shall be not less than
the amount equal to 0.25 percent of the amount authorized to be
appropriated by subsection (j) for grants under subsection (a) in such
fiscal year.
(g) Application.--(1) A State or local government or Indian tribe
seeking a grant under subsection (a) shall submit to the Secretary an
application therefor in such form, and containing such information, as
the Secretary shall prescribe in the regulations under this section.
(2) An application for a grant under subsection (a) for a year
shall be submitted not later than February 15 of the following year.
(h) Regulations.--The Secretary shall prescribe regulations for
purposes of the administration of this section.
(i) State Defined.--In this section, the term ``State'' means each
of the several States, the District of Columbia, the Commonwealth of
Puerto Rico, the Virgin Islands, Guam, American Samoa, and the
Commonwealth of the Northern Mariana Islands.
(j) Authorization of Appropriations.--There is authorized to be
appropriated for the Department of Homeland Security such sums as may
be necessary to carry out this section.
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