I

103D CONGRESS

1ST SESSION H. R. 2474

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

members of the Armed Forces who are involuntarily separated from

active duty to obtain training and employment as law enforcement

officers.

IN THE HOUSE OF REPRESENTATIVES

JUNE 22, 1993

Mr. HORN (for himself, Mr. TOWNS, Mr. GILMAN, Mr. HOBSON, Mrs. JOHNSON of Connecticut, Mr. MCDADE, Mr. MCKEON, Mr. MOORHEAD, Mr.

PASTOR, Mr. RANGEL, Mr. SHAYS, Mr. TORRES, Mr. TRAFICANT, Mr.

UPTON, and Mr. WAXMAN) introduced the following bill; which was referred to the Committee on Armed Services

A BILL

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

involuntarily separated from active duty to obtain training and employment as law enforcement officers.

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

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘Community Security

5 Act of 1993’’.
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1 SEC. 2. DEPARTMENT OF DEFENSE PROGRAM TO ASSIST

2 DISCHARGED MEMBERS OF THE ARMED

3 FORCES TO OBTAIN TRAINING AND EMPLOY4 MENT AS LAW ENFORCEMENT OFFICERS.

5 (a) TRAINING AND PLACEMENT PROGRAM.—Chapter

6 58 of title 10, United States Code, is amended by adding

7 at the end the following new section:

8 ‘‘§ 1152. Training and placement of involuntarily sep9 arated members as law enforcement offi10 cers

11 ‘‘(a) TRAINING AND PLACEMENT OF INVOLUNTARILY

12 SEPARATED MEMBERS.—The Secretary of Defense shall

13 establish a program to assist members of the armed forces

14 who are involuntarily separated from active duty after six

15 or more years of continuous active duty immediately be16 fore the separation to obtain training and employment as

17 law enforcement officers with a unit of local government

18 described in subsection (b).

19 ‘‘(b) LIMITATION ON ELIGIBILITY.—If a member of

20 the armed forces described in subsection (a) is not accept21 ed by a unit of local government for training and employ22 ment as a law enforcement officer within one year after

23 the date of the separation of the member, the member

24 shall not be eligible for a stipend under subsection (h),

25 and a unit of local government providing the training or
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1 employment shall not receive assistance under this section

2 for such member.

3 ‘‘(c) AGREEMENTS WITH UNITS OF LOCAL GOVERN4 MENT.—(1) The Secretary of Defense shall offer to enter

5 into agreements under this subsection with any unit of

6 local government providing law enforcement functions in

7 a high crime area if the unit of local government agrees—

8 ‘‘(A) to select a member of the armed forces de9 scribed in subsection (a) to receive training as a law

10 enforcement officer;

11 ‘‘(B) to offer the member full-time employment

12 with the unit of local government as a law enforce13 ment officer for a period of at least two years; and

14 ‘‘(C) to treat the member so employed in the

15 same manner as any other law enforcement officer

16 employed by the unit of local government for pur17 poses of determining seniority, duty assignments, or

18 eligibility for benefits.

19 ‘‘(2) If a State does not have any high crime areas,

20 the Secretary shall enter into agreements under this sub21 section with units of local governments that provide law

22 enforcement functions in areas in the State with the high23 est rates of crime.

24 ‘‘(3) The actual selection of a member by a unit of

25 local government pursuant to the agreement shall be sub-
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1 ject to the certification of the Secretary of Defense that

2 the member meets the eligibility requirements described

3 in subsection (a).

4 ‘‘(4) Under an agreement referred to in paragraph

5 (1), the Secretary of Defense shall agree to pay to the

6 unit of local government an amount based upon the basic

7 salary paid by the unit of local government to the selected

8 member as a law enforcement officer. The rate of payment

9 by the Secretary shall be as follows:

10 ‘‘(A) For the first year of employment, 100 per11 cent of the basic salary.

12 ‘‘(B) For the second year of employment, 80

13 percent of the basic salary.

14 ‘‘(C) For the third year of employment if con15 tinued under the agreement, 60 percent of the basic

16 salary.

17 ‘‘(D) For the fourth year of employment if con18 tinued under the agreement, 40 percent of the basic

19 salary.

20 ‘‘(E) For the fifth year of employment if con21 tinued under the agreement, 20 percent of the basic

22 salary.

23 ‘‘(5) Payments required under paragraph (4) may be

24 made by the Secretary of Defense in such installments as

25 the Secretary may determine. If the Secretary makes pay-
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1 ments in advance and the member leaves the employment

2 of the unit of local government before the end of the period

3 covered by the advance payment, the unit of local govern4 ment shall reimburse the Secretary of Defense for any

5 portion of the advance payment that remains unpaid to

6 the member.

7 ‘‘(6) The Secretary of Defense may not enter into an

8 agreement under this subsection with a unit of local gov9 ernment if the Secretary determines that the agency ter10 minated the employment of another law enforcement offi11 cer in order to fill the vacancy so created with a member

12 described in subsection (a).

13 ‘‘(d) PRIORITY GIVEN TO VIOLENT CRIME AREAS.—

14 In entering into agreements with units of local government

15 under subsection (c), the Secretary of Defense shall give

16 priority to those units of local government performing law

17 enforcement functions in areas with an especially high rate

18 of violent crimes, as identified by the Attorney General.

19 ‘‘(e) ASSISTANCE SUBJECT TO AVAILABILITY OF AP20 PROPRIATIONS.—Each agreement under subsection (c)

21 shall contain a condition that the provision of assistance,

22 including stipends, under the agreement is subject to the

23 certification of the Secretary of Defense that, at the time

24 the member described in subsection (a) is selected to re25 ceive training and employment as a law enforcement offi-
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1 cer, the Secretary has sufficient appropriations to carry

2 out this section available to satisfy the obligations to be

3 incurred by the United States with respect to the training

4 and employment of that member.

5 ‘‘(f) NUMBER OF PARTICIPANTS PER STATE.—(1)

6 Except as provided in paragraph (2), for each fiscal year,

7 the number of members of the armed forces who are se8 lected to receive assisted training and employment under

9 this section as law enforcement officers in a particular

10 State may not exceed the number that bears the same

11 ratio to 75 percent of the total number of participants to

12 be selected in that fiscal year as the population of that

13 State bears to the total population of all the States.

14 ‘‘(2) Of the total number of members to be selected

15 to receive assisted training and employment under this

16 section for a fiscal year, 25 percent of such participants

17 shall be selected pursuant to agreements entered into

18 under subsection (c) on a competitive basis without regard

19 to the limitation on the number of participants per State

20 specified in paragraph (1).

21 ‘‘(g) PARTICIPANT AGREEMENT.—A member of the

22 armed forces described in subsection (a) who is selected

23 by a unit of local government to receive assisted training

24 and employment as a law enforcement officer pursuant to

25 an agreement under subsection (c) shall be required to
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1 enter into an agreement with the unit of local government

2 and the Secretary of Defense in which the member

3 agrees—

4 ‘‘(1) to obtain, within such time as the unit of

5 local government may require, the training required

6 by the unit of local government to become a law en7 forcement officer; and

8 ‘‘(2) to accept employment with the unit of

9 local government as a law enforcement officer for at

10 least two years, to begin within six months after

11 completing the training under paragraph (1).

12 ‘‘(h) TRAINING STIPEND.—(1) Except as provided in

13 paragraph (2), the Secretary of Defense shall pay to each

14 member of the armed forces who is selected to receive as15 sisted training and employment as a law enforcement offi16 cer pursuant to an agreement under subsection (c) a sti17 pend in an amount equal to not more than $5,000 to cover

18 costs incurred by the member while training to become

19 a law enforcement officer.

20 ‘‘(2) A member who is employed by the unit of local

21 government or receives a living allowance from the unit

22 of local government while receiving training as a law en23 forcement officer shall not be paid a stipend under para24 graph (1).
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1 ‘‘(i) REIMBURSEMENT UNDER CERTAIN CIR2 CUMSTANCES.—(1) If a member of the armed forces who

3 receives assisted training and employment as a law en4 forcement officer under this section fails to successfully

5 complete the training required to become a law enforce6 ment officer or voluntarily leaves, or is terminated for

7 cause, from the employment during the one year of re8 quired employment, the member shall be required to reim9 burse the Secretary of Defense for any stipend paid to

10 the person under subsection (h)(1) in an amount that

11 bears the same ratio to the amount of the stipend as the

12 unserved portion of required service bears to the one year

13 of required service.

14 ‘‘(2) The obligation to reimburse the Secretary under

15 this subsection is, for all purposes, a debt owing the Unit16 ed States. A discharge in bankruptcy under title 11 shall

17 not release a member described in subsection (a) from the

18 obligation to reimburse the Secretary. Any amount owed

19 by a person under paragraph (1) shall bear interest at

20 the rate equal to the highest rate being paid by the United

21 States on the day on which the reimbursement is deter22 mined to be due for securities having maturities of ninety

23 days or less and shall accrue from the day on which the

24 person is first notified of the amount due. The Secretary

25 may enter into an agreement with the Secretary of the
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1 Treasury to arrange for the collection of amounts owed

2 by a person under paragraph (1) through the Internal

3 Revenue Code of 1986.

4 ‘‘(j) EXCEPTIONS TO REIMBURSEMENT PROVI5 SIONS.—(1) A member of the armed forces described in

6 subsection (a) shall not be considered to be in violation

7 of an agreement entered into under subsection (g) during

8 any period in which the member—

9 ‘‘(A) is pursuing a full-time course of study, ap10 proved by the unit of local government involved, re11 lated to the field of law enforcement at an edu12 cational or vocational institution;

13 ‘‘(B) is serving on active duty as a member of

14 the Armed Forces;

15 ‘‘(C) is employed by any unit of local govern16 ment and serves as a law enforcement officer in a

17 high crime area;

18 ‘‘(D) is temporarily totally disabled for a period

19 of time not to exceed three years as established by

20 sworn affidavit of a qualified physician;

21 ‘‘(E) is unable to secure employment for a pe22 riod not to exceed 12 months by reason of the care

23 required by a spouse who is disabled; or
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1 ‘‘(F) satisfies the provisions of such additional

2 reimbursement exceptions as may be prescribed by

3 the Secretary of Defense.

4 ‘‘(2) A person shall be excused from reimbursement

5 under subsection (i) if the person becomes permanently

6 totally disabled as established by sworn affidavit of a

7 qualified physician. The Secretary may also waive reim8 bursement in cases of extreme hardship to the person, as

9 determined by the Secretary.

10 ‘‘(k) INFORMATION REGARDING PLACEMENT PRO11 GRAM.—The Secretary of Defense shall provide informa12 tion regarding the training and placement opportunities

13 available under this section to members of the armed

14 forces as part of preseparation counseling provided under

15 section 1142 of this title. The information provided shall

16 include a list of all units of local government with which

17 the Secretary has entered into an agreement under sub18 section (c) and the name, address, and telephone number

19 of the representative of each unit of local government ad20 ministering the agreement on behalf of the unit of local

21 government.

22 ‘‘(l) SPECIAL ELIGIBILITY OF CERTAIN PERSONS AL23 READY SEPARATED OR TERMINATED.—A member of the

24 armed forces described in subsection (a) who was involun25 tarily separated during the period beginning on October
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1 1, 1990, and ending on October 1, 1993, may receive as2 sisted training and employment under this section if the

3 member is accepted by a unit of local government for

4 training and employment as a law enforcement officer by

5 October 1, 1994.

6 ‘‘(m) EXPANSION OF PROGRAM.—(1) If the Secretary

7 of Defense determines for a fiscal year that the number

8 of eligible members likely to be selected to participate in

9 the training and placement program under this section the

10 Secretary may authorize local governments entering into

11 an agreement under subsection (c) to select—

12 ‘‘(A) civilian employees of the Department of

13 Defense who are terminated from employment with

14 the Department as a result of reductions in defense

15 spending or the closure or realignment of a military

16 installation; and

17 ‘‘(B) employees of private defense contractors

18 who were employed for not less than five years with

19 a private defense contractor and are terminated or

20 laid off (or receive a notice of termination or lay off)

21 as a result of the completion or termination of a de22 fense contract or program or reductions in defense

23 spending.

24 ‘‘(2) A civilian employee of the Department of De25 fense or the Department of Energy or an employee of a
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1 private defense contractor who is terminated for cause

2 shall not be eligible for a stipend under subsection (h),

3 and a unit of local government providing training or em4 ployment to such an employee shall not receive assistance

5 under this section for such employee.

6 ‘‘(n) DEFINITIONS.—In this section:

7 ‘‘(1) The term ‘State’ includes the District of

8 Columbia, American Samoa, the Federated States of

9 Micronesia, Guam, the Republic of the Marshall Is10 lands, the Commonwealth of the Northern Mariana

11 Islands, the Commonwealth of Puerto Rico, Palau,

12 and the Virgin Islands.

13 ‘‘(2) The term ‘unit of local government’

14 means—

15 ‘‘(A) any city, county, township, town, bor16 ough, parish, village, or other general purpose

17 political subdivision of a State;

18 ‘‘(B) an Indian tribe which performs law

19 enforcement functions as determined by the

20 Secretary of the Interior; or

21 ‘‘(C) any agency of the District of Colum22 bia government or the United States Govern23 ment performing law enforcement functions in

24 and for the District of Columbia.
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1 ‘‘(3) The term ‘law enforcement officer’ means

2 an individual involved in crime and juvenile delin3 quency control or reduction, or enforcement of the

4 laws, including police, corrections, probation, parole,

5 and judicial officers.

6 ‘‘(4) The term ‘high crime area’ shall have such

7 meaning as may be given the term by the Attorney

8 General.

9 ‘‘(5) The term ‘private defense contractor’

10 means a person that provides services, supplies, or

11 both (including construction) to the Department of

12 Defense under a contract directly with the Depart13 ment.

14 ‘‘(o) TERMINATION.—Members of the armed forces

15 described in subsection (a) may not be selected to receive

16 assisted training and employment as law enforcement offi17 cers pursuant to an agreement under subsection (c) after

18 September 30, 1999.’’.

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

20 at the beginning of such chapter is amended by adding

21 at the end the following new items:

‘‘1152. Training and placement of involuntarily separated members as law enforcement officers.’’.

22 (c) EFFECTIVE DATE.—Section 1152 of title 10,

23 United States Code, as added by subsection (a), shall take

24 effect on October 1, 1993.
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