[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 154 Introduced in House (IH)]






109th CONGRESS
  1st Session
                                H. R. 154

   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 HOUSE OF REPRESENTATIVES

                            January 4, 2005

 Mr. Menendez introduced the following bill; which was referred to the 
Committee on Transportation and Infrastructure, and in addition to the 
 Committees on Energy and Commerce, and the Judiciary, for a period to 
      be subsequently determined by the Speaker, in each case for 
consideration of such provisions as fall within the jurisdiction of the 
                          committee concerned

_______________________________________________________________________

                                 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 2005''.

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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