I 

111TH CONGRESS 

1ST SESSION H. R. 1138 

To require the Federal Government to reimburse a State or local government 

for financial losses incurred when an employee of the State or local 

government who performs public safety or first responder duties and 

who is also a member of a reserve component of the uniformed services 

is called or ordered to active duty for a period of more than 30 days. 

IN THE HOUSE OF REPRESENTATIVES 

FEBRUARY 23, 2009 

Mr. WEINER introduced the following bill; which was referred to the 

Committee on Armed Services 

A BILL 

To require the Federal Government to reimburse a State 

or local government for financial losses incurred when 

an employee of the State or local government who performs public safety or first responder duties and who 

is also a member of a reserve component of the uniformed services is called or ordered to active duty for 

a period of more than 30 days. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 


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1 SECTION 1. REIMBURSEMENT OF STATE AND LOCAL GOV2 ERNMENTS FOR PRODUCTIVITY LOSSES IN3 CURRED DUE TO DEPLOYMENT OF EMPLOY4 EES WHO ARE RESERVE COMPONENT MEM5 BERS. 

6 (a) REIMBURSEMENT AVAILABLE.—Chapter 17 of 

7 title 37, United States Code, is amended by adding at the 

8 end the following new section: 

9 ‘‘§ 911. Reimbursement of State and local govern10 ments for productivity losses incurred 

11 due to deployment of certain employees 

12 who are reserve component members 

13 ‘‘(a) REIMBURSEMENT REQUIRED.—At the request 

14 of a State or local government that has one or more cov15 ered employees who are also members of a reserve compo16 nent and absent from their position of employment with 

17 the State or local government under a call or order to 

18 serve on active duty for a period of more than 30 days, 

19 and subject to the availability of appropriations for such 

20 purpose, the Secretary concerned shall reimburse the 

21 State or local government for financial losses incurred by 

22 the State or local government as a result of the absence 

23 of the covered employees in an amount equal to the 

24 amount of civilian compensation actually paid by the State 

25 or local government to the covered employees during their 

26 absence. 


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1 ‘‘(b) COVERED EMPLOYEES.—Subsection (a) applies 

2 with respect to an employee of a State or local government 

3 who is an emergency response provider, as that term is 

4 defined under section 2(6) of the Homeland Security Act 

5 of 2002 (6 U.S.C. 101(6)). 

6 ‘‘(c) REGULATIONS.—The Secretary of Defense shall 

7 prescribe such regulations as may be necessary to carry 

8 out this section. 

9 ‘‘(d) DEFINITIONS.—In this section: 

10 ‘‘(1) The term ‘civilian compensation’ means 

11 the wages or salary that an employee of a State or 

12 local government normally receives from the employ13 ee’s employment by the State or local government. 

14 ‘‘(2) The term ‘local government’ means an 

15 agency or political subdivision of a State. 

16 ‘‘(3) The term ‘State’ means each of the several 

17 States of the United States, the District of Colum18 bia, the Commonwealth of Puerto Rico, Guam, the 

19 Virgin Islands, and other territories or possessions 

20 of the United States.’’. 

21 (b) CLERICAL AMENDMENT.—The table of sections 

22 at the beginning of such chapter is amended by inserting 

23 after the item relating to section 909 the following new 

24 item: 


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‘‘911. Reimbursement of State and local governments for productivity losses incurred due to deployment of certain employees who are reserve 

component members.’’. 

Æ 


wwoods2 on PRODPC68 with BILLS