110th CONGRESS
1st Session
S. 47
To establish a Law Enforcement Assistance Force in the Department
of Homeland Security to facilitate the contributions of retired law enforcement
officers during major disasters.
IN THE SENATE OF THE UNITED STATES
January 4, 2007
Mr. ENSIGN introduced the following bill; which was read twice and referred
to the Committee on Homeland Security and Governmental Affairs
A BILL
To establish a Law Enforcement Assistance Force in the Department
of Homeland Security to facilitate the contributions of retired law enforcement
officers during major disasters.
Be it enacted by the Senate and House of Representatives of the United
States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the `Law Enforcement Assistance Force Act of 2007'
or the `LEAF Act'.
SEC. 2. LAW ENFORCEMENT ASSISTANCE FORCE.
(a) Establishment- The Secretary of Homeland Security (referred to in this
Act as the `Secretary') shall establish a Law Enforcement Assistance Force
to facilitate the contributions of retired law enforcement officers and
agents during major disasters.
(b) Eligible Participants- An individual may participate in the Law Enforcement
Assistance Force if the individual--
(1) has experience working as an officer or agent for a public law enforcement
agency and left the agency in good standing;
(2) holds current certifications for firearms, first aid, and such other
skills determined necessary by the Secretary;
(3) submits to the Secretary an application, at such time, in such manner,
and accompanied by such information as the Secretary may reasonably require,
that authorizes the Secretary to review the law enforcement service record
of the individual; and
(4) meets such other qualifications as the Secretary may require.
(c) Liability; Supervision- Each participant in the Law Enforcement Assistance
Force shall--
(1) be protected from civil liability to the same extent as employees
of the Department of Homeland Security; and
(2) upon acceptance of an assignment under this section--
(A) be detailed to a Federal, State, or local government law enforcement
agency;
(B) work under the direct supervision of an officer or agent of such
agency; and
(C) notwithstanding any State or local law requiring specific qualifications
for law enforcement officers, be deputized to perform the duties of
a law enforcement officer.
(1) IN GENERAL- In the event of a major disaster (as defined in section
102 of the Robert T. Stafford Disaster Relief and Emergency Assistance
Act (42 U.S.C. 5122)) the Secretary, after consultation with appropriate
Federal, State, and local government law enforcement agencies, may request
eligible participants to volunteer to assist the efforts of those agencies
responding to such emergency and assign each willing participant to a
specific law enforcement agency.
(2) ACCEPTANCE- If the eligible participant accepts an assignment under
this subsection, the participant shall agree to remain in such assignment
for a period equal to not less than the shorter of--
(A) the period during which the law enforcement agency needs the services
of such participant; or
(3) REFUSAL- An eligible participant may refuse an assignment under this
subsection without any adverse consequences.
(1) IN GENERAL- Each participant shall be allowed travel expenses, including
per diem in lieu of subsistence, at rates authorized for employees of
agencies under subchapter I of chapter 57 of title 5, United States Code,
while carrying out an assignment under subsection (d).
(2) SOURCE OF FUNDS- Expenses incurred under paragraph (1) shall be paid
from amounts appropriated to the Federal Emergency Management Agency.
(f) Termination of Assistance- The availability of participants of the Law
Enforcement Assistance Force shall continue for a period equal to the shorter
of--
(1) the period of the major disaster (as defined in section 102 of the
Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C.
5122)); or
(g) Authorization of Appropriations- There are authorized to be appropriated
such sums as may be necessary to carry out the provisions of this Act.
END
