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 short-
ages 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 pro-
gram to place members of the Armed Forces who are
separated from the Armed Forces in employment posi-
tions with law enforcement agencies to relieve shortages
of law enforcement officers and to provide employment
for displaced military personnel.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. PLACEMENT PROGRAM FOR SEPARATED MEM-
BERS OF THE ARMED FORCES IN EMPLOY-
MENT POSITIONS WITH LAW ENFORCEMENT
AGENCIES.
(a) PLACEMENT PROGRAM WITH LAW ENFORCE-
MENT AGENCIES.—(1) Chapter 58 of title 10, United
States Code, is amended by adding at the end the follow-
ing new section:
‘‘§ 1152. Placement program for separated members
to obtain employment with law enforce-
ment agencies
‘‘(a) PLACEMENT PROGRAM.—The Secretary of De-
fense shall establish a placement program to assist eligible
members of the armed forces to obtain employment by
State and local law enforcement agencies upon their dis-
charge or release from active duty.
‘‘(b) ELIGIBLE MEMBERS.—A member of the armed
forces shall be eligible for selection to participate in the
placement program if the member—
‘‘(1) is involuntary separated (as described in
section 1141 of this title), is approved for separation
under section 1174a or 1175 of this title, or is given
early retirement under section 4403 of the Defense
Conversion, Reinvestment, and Transition Assist-
ance Act of 1992 (division D of Public Law 102–
484; 10 U.S.C. 1293 note) during the four-year pe-
riod beginning on the date of the enactment of this
section;
‘‘(2) has a military occupational specialty,
training, or experience related to law enforcement,
such as service as a member of the military police;
and
‘‘(3) satisfies such other criteria for selection as
the Secretary of Defense may prescribe.
‘‘(c) SELECTION OF PARTICIPANTS.—(1) The Sec-
retary of Defense shall select members to participate in
the placement program on the basis of applications sub-
mitted to the Secretary before the date of the discharge
or release of the members from active duty or as soon
after such date as the Secretary may prescribe. An appli-
cation shall be in such form and contain such information
as the Secretary may require.
‘‘(2) The Secretary may not select a member to par-
ticipate in the placement program unless the Secretary has
sufficient appropriations for the placement program avail-
able at the time of the selection to satisfy the obligations
to be incurred by the United States under this section with
respect to that member.
‘‘(d) AGREEMENTS
WITH
LAW
ENFORCEMENT
AGENCIES.—(1) The Secretary of Defense may enter into
an agreement with a State or local law enforcement agen-
cies to facilitate the placement of participants in law en-
forcement employment positions if the law enforcement
agency agrees—
‘‘(A) to select a participant in the placement
program to receive training as a law enforcement of-
ficer;
‘‘(B) to offer the participant full-time employ-
ment with the law enforcement agency as a law en-
forcement officer for a period of at least three years;
and
‘‘(C) to treat the participant so employed in the
same manner (except with regard to tenure upon the
completion of the required employment period) as
any other law enforcement officer employed by the
agency for purposes of determining seniority, duty
assignments, and eligibility for benefits.
‘‘(2) Under an agreement referred to in paragraph
(1), the Secretary shall agree to pay to the law enforce-
ment agency for the first three years of employment of
the participant an amount equal to 100 percent of the
basic salary paid (not to exceed $45,000 per year) by the
law enforcement agency to the participant as a law en-
forcement officer.
‘‘(3) Payments required under paragraph (2) shall be
made by the Secretary in quarterly installments in ad-
vance. If the participant leaves the employment of the law
enforcement agency before the end of the period covered
by an advance payment, the law enforcement agency shall
reimburse the Secretary for any portion of the advance
payment that remains unpaid to the participant.
‘‘(4) The Secretary may not enter into an agreement
under this subsection with a law enforcement agency (and
shall terminate any agreement so entered) if the Secretary
determines that the agency—
‘‘(A) terminated the employment of another law
enforcement officer in order to fill the vacancy so
created with a participant in the placement program;
or
‘‘(B) seeks a participant in the placement pro-
gram so as to avoid filling an existing employment
vacancy with the agency.
‘‘(5) The Secretary shall disseminate information and
applications regarding the placement program to State
and local law enforcement agencies eligible to enter into
agreements under this subsection and may provide tech-
nical assistance to agencies seeking to enter into such an
agreement.
‘‘(e) PRIORITY GIVEN TO HIGH CRIME AREAS.—In
entering into agreements with law enforcement agencies
under subsection (d), the Secretary of Defense shall give
priority to those law enforcement agencies performing law
enforcement functions in high crime areas, as identified
by the Attorney General.
‘‘(f) MODEL PLACEMENT AGREEMENTS.—The Sec-
retary of Defense shall endeavor to enter into agreements
under subsection (d) with law enforcement agencies per-
forming law enforcement functions in Atlanta, Georgia,
Chicago, Illinois, Los Angeles, California, and New York,
New York, for the placement of participants as law en-
forcement officers in these four cities. To the extent par-
ticipants in the placement program are available for place-
ment with law enforcement agencies operating in these
cities, the Secretary shall reserve 10 percent of the place-
ments during each fiscal year for these cities. Placements
made under the authority of this subsection shall be in
addition to any placements made under the placement pro-
gram in these cities pursuant to the State allocation made
under subsection (g).
‘‘(g) NUMBER OF PARTICIPANTS PER STATE.—(1)
Except as provided in paragraph (2), the number of par-
ticipants in the placement program who are placed in law
enforcement employment positions in a particular State
during a fiscal year may not exceed the number that—
‘‘(A) bears the same ratio to the total number
of participants placed in law enforcement employ-
ment positions in that year (not counting partici-
pants placed under a model agreement under sub-
section (f)); as
‘‘(B) the population of that State bears to the
total population of all the States.
‘‘(2) The Secretary of Defense may vary the place-
ment ratios determined for States under paragraph (1) if
the Secretary is unable to enter into a sufficient number
of agreements under subsection (d) with law enforcement
agencies in all States to permit compliance with the ratios.
‘‘(h) INFORMATION REGARDING PLACEMENT PRO-
GRAM.—The Secretary of Defense shall provide informa-
tion regarding the placement program to members of the
armed forces as part of preseparation counseling provided
under section 1142 of this title. The information provided
shall include an up-to-date list of all law enforcement
agencies with which the Secretary has entered into agree-
ments under subsection (d).
‘‘(i) SPECIAL ELIGIBILITY OF CERTAIN PERSONS AL-
READY SEPARATED.—A member of the armed forces de-
scribed in subsection (b) who was involuntary separated
(as described in section 1141 of this title), approved for
separation under section 1174a or 1175 of this title, or
given early retirement under section 4403 of the Defense
Conversion, Reinvestment, and Transition Assistance Act
of 1992 (division D of Public Law 102–484; 10 U.S.C.
1293 note) during the period beginning on October 1,
1990, and ending on the date of the enactment of this
section may be selected to participate in the placement
program if the member is otherwise eligible to participate.
Any selections made pursuant to this subsection shall be
made not later than October 1, 1994.
‘‘(j) DEFINITIONS.—In this section:
‘‘(1) The term ‘State’ means each of the several
States, the District of Columbia, American Samoa,
the Federated States of Micronesia, Guam, the Re-
public of the Marshall Islands, the Commonwealth of
the Northern Mariana Islands, the Commonwealth
of Puerto Rico, Palau, and the Virgin Islands.
‘‘(2) The term ‘law enforcement officer’ means
an individual involved in crime and juvenile delin-
quency control or reduction, or enforcement of the
laws, including police, corrections, probation, parole,
and judicial officers.
‘‘(3) The term ‘placement program’ means the
placement program required to be established under
this section.’’.
(2) The table of sections at the beginning of such
chapter is amended by adding at the end the following
new items:
‘‘1152. Placement program for separated members to obtain employment with
law enforcement agencies.’’.
(b) ATTORNEY GENERAL REPORT.—Not later than
two years after the date of the enactment of this Act, the
Attorney General shall submit to Congress a report evalu-
ating the impact, if any, that the law enforcement place-
ment program required by section 1152 of title 10, United
States Code (as added by subsection (a)), has had on re-
ducing the incidence of crime in the United States.
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