To clarify the provision relating to emergency protective measures.

SA 3415. Ms. LANDRIEU submitted an amendment intended to be proposed
by her to the bill H.R. 1, making appropriations for the Department of
Defense and the other departments and agencies of the Government for
the fiscal year ending September 30, 2011, and for other purposes;
which was ordered to lie on the table; as follows:

On page 51, strike lines 8 through 23 and insert the
following:
``(1) In general.--If the President declares a major
disaster or emergency for an area within the jurisdiction of
a State, tribal, or local government, the President may
reimburse the State, tribal, or local government for costs
relating to--
``(A) basic pay and benefits for permanent employees of the
State, tribal, or local government conducting emergency
protective measures under this section, if--
``(i) the work is not typically performed by the employees;
and
``(ii) the type of work may otherwise be carried out by
contract or agreement with private organizations, firms, or
individuals; or
``(B) overtime and hazardous duty compensation for
permanent employees of the State, tribal, or local government
conducting emergency protective measures under this section.
``(2) Overtime.--The guidelines for reimbursement for costs
under paragraph (1) shall ensure that no State, tribal, or
local government is denied reimbursement for overtime
payments that are required pursuant to the Fair Labor
Standards Act of 1938 (29 U.S.C. 201 et seq.).
``(3) No effect on mutual aid pacts.--Nothing in this
subsection shall effect the ability of the President to
reimburse labor force expenses provided pursuant to an
authorized mutual aid pact.''.
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