I

103D CONGRESS

1ST SESSION H. R. 3383

To amend title 10, United States Code, to establish a program to place

members of the Armed Forces who are separated from the Armed Forces

in employment positions with law enforcement agencies to relieve shortages of law enforcement officers and to provide employment for displaced

military personnel.

IN THE HOUSE OF REPRESENTATIVES

OCTOBER 27, 1993

Mr. ACKERMAN introduced the following bill; which was referred jointly to the

Committees on Armed Services and the Judiciary

A BILL

To amend title 10, United States Code, to establish a program to place members of the Armed Forces who are

separated from the Armed Forces in employment positions with law enforcement agencies to relieve shortages

of law enforcement officers and to provide employment

for displaced military personnel.

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. PLACEMENT PROGRAM FOR SEPARATED MEM2 BERS OF THE ARMED FORCES IN EMPLOY3 MENT POSITIONS WITH LAW ENFORCEMENT

4 AGENCIES.

5 (a) PLACEMENT PROGRAM WITH LAW ENFORCE6 MENT AGENCIES.—(1) Chapter 58 of title 10, United

7 States Code, is amended by adding at the end the follow8 ing new section:

9 ‘‘§ 1152. Placement program for separated members

10 to obtain employment with law enforce11 ment agencies

12 ‘‘(a) PLACEMENT PROGRAM.—The Secretary of De13 fense shall establish a placement program to assist eligible

14 members of the armed forces to obtain employment by

15 State and local law enforcement agencies upon their dis16 charge or release from active duty.

17 ‘‘(b) ELIGIBLE MEMBERS.—A member of the armed

18 forces shall be eligible for selection to participate in the

19 placement program if the member—

20 ‘‘(1) is involuntary separated (as described in

21 section 1141 of this title), is approved for separation

22 under section 1174a or 1175 of this title, or is given

23 early retirement under section 4403 of the Defense

24 Conversion, Reinvestment, and Transition Assist25 ance Act of 1992 (division D of Public Law 102–

26 484; 10 U.S.C. 1293 note) during the four-year pe-
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1 riod beginning on the date of the enactment of this

2 section;

3 ‘‘(2) has a military occupational specialty,

4 training, or experience related to law enforcement,

5 such as service as a member of the military police;

6 and

7 ‘‘(3) satisfies such other criteria for selection as

8 the Secretary of Defense may prescribe.

9 ‘‘(c) SELECTION OF PARTICIPANTS.—(1) The Sec10 retary of Defense shall select members to participate in

11 the placement program on the basis of applications sub12 mitted to the Secretary before the date of the discharge

13 or release of the members from active duty or as soon

14 after such date as the Secretary may prescribe. An appli15 cation shall be in such form and contain such information

16 as the Secretary may require.

17 ‘‘(2) The Secretary may not select a member to par18 ticipate in the placement program unless the Secretary has

19 sufficient appropriations for the placement program avail20 able at the time of the selection to satisfy the obligations

21 to be incurred by the United States under this section with

22 respect to that member.

23 ‘‘(d) AGREEMENTS WITH LAW ENFORCEMENT

24 AGENCIES.—(1) The Secretary of Defense may enter into

25 an agreement with a State or local law enforcement agen-
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1 cies to facilitate the placement of participants in law en2 forcement employment positions if the law enforcement

3 agency agrees—

4 ‘‘(A) to select a participant in the placement

5 program to receive training as a law enforcement of6 ficer;

7 ‘‘(B) to offer the participant full-time employ8 ment with the law enforcement agency as a law en9 forcement officer for a period of at least three years;

10 and

11 ‘‘(C) to treat the participant so employed in the

12 same manner (except with regard to tenure upon the

13 completion of the required employment period) as

14 any other law enforcement officer employed by the

15 agency for purposes of determining seniority, duty

16 assignments, and eligibility for benefits.

17 ‘‘(2) Under an agreement referred to in paragraph

18 (1), the Secretary shall agree to pay to the law enforce19 ment agency for the first three years of employment of

20 the participant an amount equal to 100 percent of the

21 basic salary paid (not to exceed $45,000 per year) by the

22 law enforcement agency to the participant as a law en23 forcement officer.

24 ‘‘(3) Payments required under paragraph (2) shall be

25 made by the Secretary in quarterly installments in ad-
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1 vance. If the participant leaves the employment of the law

2 enforcement agency before the end of the period covered

3 by an advance payment, the law enforcement agency shall

4 reimburse the Secretary for any portion of the advance

5 payment that remains unpaid to the participant.

6 ‘‘(4) The Secretary may not enter into an agreement

7 under this subsection with a law enforcement agency (and

8 shall terminate any agreement so entered) if the Secretary

9 determines that the agency—

10 ‘‘(A) terminated the employment of another law

11 enforcement officer in order to fill the vacancy so

12 created with a participant in the placement program;

13 or

14 ‘‘(B) seeks a participant in the placement pro15 gram so as to avoid filling an existing employment

16 vacancy with the agency.

17 ‘‘(5) The Secretary shall disseminate information and

18 applications regarding the placement program to State

19 and local law enforcement agencies eligible to enter into

20 agreements under this subsection and may provide tech21 nical assistance to agencies seeking to enter into such an

22 agreement.

23 ‘‘(e) PRIORITY GIVEN TO HIGH CRIME AREAS.—In

24 entering into agreements with law enforcement agencies

25 under subsection (d), the Secretary of Defense shall give
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1 priority to those law enforcement agencies performing law

2 enforcement functions in high crime areas, as identified

3 by the Attorney General.

4 ‘‘(f) MODEL PLACEMENT AGREEMENTS.—The Sec5 retary of Defense shall endeavor to enter into agreements

6 under subsection (d) with law enforcement agencies per7 forming law enforcement functions in Atlanta, Georgia,

8 Chicago, Illinois, Los Angeles, California, and New York,

9 New York, for the placement of participants as law en10 forcement officers in these four cities. To the extent par11 ticipants in the placement program are available for place12 ment with law enforcement agencies operating in these

13 cities, the Secretary shall reserve 10 percent of the place14 ments during each fiscal year for these cities. Placements

15 made under the authority of this subsection shall be in

16 addition to any placements made under the placement pro17 gram in these cities pursuant to the State allocation made

18 under subsection (g).

19 ‘‘(g) NUMBER OF PARTICIPANTS PER STATE.—(1)

20 Except as provided in paragraph (2), the number of par21 ticipants in the placement program who are placed in law

22 enforcement employment positions in a particular State

23 during a fiscal year may not exceed the number that—

24 ‘‘(A) bears the same ratio to the total number

25 of participants placed in law enforcement employ-
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1 ment positions in that year (not counting partici2 pants placed under a model agreement under sub3 section (f)); as

4 ‘‘(B) the population of that State bears to the

5 total population of all the States.

6 ‘‘(2) The Secretary of Defense may vary the place7 ment ratios determined for States under paragraph (1) if

8 the Secretary is unable to enter into a sufficient number

9 of agreements under subsection (d) with law enforcement

10 agencies in all States to permit compliance with the ratios.

11 ‘‘(h) INFORMATION REGARDING PLACEMENT PRO12 GRAM.—The Secretary of Defense shall provide informa13 tion regarding the placement program to members of the

14 armed forces as part of preseparation counseling provided

15 under section 1142 of this title. The information provided

16 shall include an up-to-date list of all law enforcement

17 agencies with which the Secretary has entered into agree18 ments under subsection (d).

19 ‘‘(i) SPECIAL ELIGIBILITY OF CERTAIN PERSONS AL20 READY SEPARATED.—A member of the armed forces de21 scribed in subsection (b) who was involuntary separated

22 (as described in section 1141 of this title), approved for

23 separation under section 1174a or 1175 of this title, or

24 given early retirement under section 4403 of the Defense

25 Conversion, Reinvestment, and Transition Assistance Act
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1 of 1992 (division D of Public Law 102–484; 10 U.S.C.

2 1293 note) during the period beginning on October 1,

3 1990, and ending on the date of the enactment of this

4 section may be selected to participate in the placement

5 program if the member is otherwise eligible to participate.

6 Any selections made pursuant to this subsection shall be

7 made not later than October 1, 1994.

8 ‘‘(j) DEFINITIONS.—In this section:

9 ‘‘(1) The term ‘State’ means each of the several

10 States, the District of Columbia, American Samoa,

11 the Federated States of Micronesia, Guam, the Re12 public of the Marshall Islands, the Commonwealth of

13 the Northern Mariana Islands, the Commonwealth

14 of Puerto Rico, Palau, and the Virgin Islands.

15 ‘‘(2) The term ‘law enforcement officer’ means

16 an individual involved in crime and juvenile delin17 quency control or reduction, or enforcement of the

18 laws, including police, corrections, probation, parole,

19 and judicial officers.

20 ‘‘(3) The term ‘placement program’ means the

21 placement program required to be established under

22 this section.’’.

23 (2) The table of sections at the beginning of such

24 chapter is amended by adding at the end the following

25 new items:
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‘‘1152. Placement program for separated members to obtain employment with

law enforcement agencies.’’.

1 (b) ATTORNEY GENERAL REPORT.—Not later than

2 two years after the date of the enactment of this Act, the

3 Attorney General shall submit to Congress a report evalu4 ating the impact, if any, that the law enforcement place5 ment program required by section 1152 of title 10, United

6 States Code (as added by subsection (a)), has had on re7 ducing the incidence of crime in the United States.

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