[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 333 Introduced in House (IH)]

103d CONGRESS
  1st Session
                                H. R. 333

 To provide educational assistance to law enforcement personnel and to 
                increase the number of police officers.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            January 5, 1993

  Mr. Dornan introduced the following bill; which was referred to the 
                       Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
 To provide educational assistance to law enforcement personnel and to 
                increase the number of police officers.

    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 ``Police Corps and Law Enforcement 
Training and Education Act''.

SEC. 2. PURPOSES.

    The purposes of this Act are to--
            (1) address violent crime by increasing the number of 
        police with advanced education and training on community 
        patrol;
            (2) provide educational assistance to law enforcement 
        personnel and to students who possess a sincere interest in 
        public service in the form of law enforcement; and
            (3) assist State and local law enforcement efforts to 
        enhance the educational status of law enforcement personnel 
        both through increasing the educational level of existing 
        officers and by recruiting more highly educated officers.

SEC. 3. ESTABLISHMENT OF OFFICE OF THE POLICE CORPS AND LAW ENFORCEMENT 
              EDUCATION.

    (a) Establishment.--There is established in the Department of 
Justice, under the general authority of the Attorney General, an Office 
of the Police Corps and Law Enforcement Education.
    (b) Appointment of Director.--The Office of the Police Corps and 
Law Enforcement Education shall be headed by a Director (referred to in 
this Act as the ``Director'') who shall be appointed by the President, 
by and with the advice and consent of the Senate.
    (c) Responsibilities of Director.--The Director shall be 
responsible for the administration of the Police Corps program 
established under this Act and shall have authority to promulgate 
regulations to implement this Act.

SEC. 4. DESIGNATION OF LEAD AGENCY AND SUBMISSION OF STATE PLAN.

    (a) Lead Agency.--A State that desires to participate in the Police 
Corps program under this Act shall designate a lead agency that will be 
responsible for--
            (1) submitting to the Director a State plan described in 
        subsection (b); and
            (2) administering the program in the State.
    (b) State Plans.--A State plan shall--
            (1) contain assurances that the lead agency shall work in 
        cooperation with the local law enforcement liaisons, 
        representatives of police labor organizations and police 
        management organizations, and other appropriate State and local 
        agencies to develop and implement interagency agreements 
        designed to carry out the program;
            (2) contain assurances that the State shall advertise the 
        assistance available under this Act;
            (3) contain assurances that the State shall screen and 
        select law enforcement personnel for participation in the 
        program; and
            (4) if the State desires to participate in the Police Corps 
        program under this Act, meet the requirements of section 10.

SEC. 5. DEFINITIONS.

    For the purposes of this Act--
            (1) the term ``academic year'' means a traditional academic 
        year beginning in August or September and ending in the 
        following May or June;
            (2) the term ``dependent child'' means a natural or adopted 
        child or stepchild of a law enforcement officer who at the time 
        of the officer's death--
                    (A) was no more than 21 years old; or
                    (B) if older than 21 years, was in fact dependent 
                on the child's parents for at least one-half of the 
                child's support (excluding educational expenses), as 
                determined by the Director;
            (3) the term ``educational expenses'' means expenses that 
        are directly attributable to--
                    (A) a course of education leading to the award of 
                the baccalaureate degree; or
                    (B) a course of graduate study following award of a 
                baccalaureate degree, including the cost of tuition, 
                fees, books, supplies, transportation, room and board 
                and miscellaneous expenses;
            (4) the term ``participant'' means a participant in the 
        Police Corps program selected pursuant to section 7;
            (5) the term ``State'' means a State of the United States, 
        the District of Columbia, the Commonwealth of Puerto Rico, the 
        Virgin Islands, American Samoa, Guam, and the Commonwealth of 
        the Northern Mariana Islands; and
            (6) the term ``State Police Corps program'' means a State 
        police corps program approved under section 10.

SEC. 6. SCHOLARSHIP ASSISTANCE.

    (a) Scholarship Authorized.--(1) The Director is authorized to 
award scholarships to participants who agree to work in a State or 
local police force in accordance with agreements entered into pursuant 
to subsection (d).
    (2)(A) Except as provided in subparagraph (B) each scholarship 
payment made under this section for each academic year shall not 
exceed--
            (i) $10,000; or
            (ii) the cost of the educational expenses related to 
        attending an institution of higher education.
    (B) In the case of a participant who is pursuing a course of 
educational study during substantially an entire calendar year, the 
amount of scholarship payments made during such year shall not exceed 
$13,333.
    (C) The total amount of scholarship assistance received by any one 
student under this section shall not exceed $40,000.
    (3) Recipients of scholarship assistance under this section shall 
continue to receive such scholarship payments only during such periods 
as the Director finds that the recipient is maintaining satisfactory 
progress as determined by the institution of higher education the 
recipient is attending.
    (4)(A) The Director shall make scholarship payments under this 
section directly to the institution of higher education that the 
student is attending.
    (B) Each institution of higher education receiving a payment on 
behalf of a participant pursuant to subparagraph (A) shall remit to 
such student any funds in excess of the costs of tuition, fees, and 
room and board payable to the institution.
    (b) Reimbursement Authorized.--(1) The Director is authorized to 
make payments to a participant to reimburse such participant for the 
costs of educational expenses if such student agrees to work in a State 
or local police force in accordance with the agreement entered into 
pursuant to subsection (d).
    (2)(A) Each payment made pursuant to paragraph (1) for each 
academic year of study shall not exceed--
            (i) $10,000; or
            (ii) the cost of educational expenses related to attending 
        an institution of higher education.
    (B) In the case of a participant who is pursuing a course of 
educational study during substantially an entire calendar year, the 
amount of scholarship payments made during such year shall not exceed 
$13,333.
    (C) The total amount of payments made pursuant to subparagraph (A) 
to any one student shall not exceed $40,000.
    (c) Use of Scholarship.--Scholarships awarded under this subsection 
shall only be used to attend a 4-year institution of higher education, 
except that--
            (1) scholarships may be used for graduate and professional 
        study; and
            (2) where a participant has enrolled in the program upon or 
        after transfer to a 4-year institution of higher education, the 
        Director may reimburse the participant for the participant's 
        prior educational expenses.
    (d) Agreement.--(1) Each participant receiving a scholarship or a 
payment under this section shall enter into an agreement with the 
Director. Each such agreement shall contain assurances that the 
participant shall--
            (A) after successful completion of a baccalaureate program 
        and training as prescribed in section 8, work for 4 years in a 
        State or local police force without there having arisen 
        sufficient cause for the participant's dismissal under the 
        rules applicable to members of the police force of which the 
        participant is a member;
            (B) complete satisfactorily--
                    (i) an educational course of study and receipt of a 
                baccalaureate degree (in the case of undergraduate 
                study) or the reward of credit to the participant for 
                having completed one or more graduate courses (in the 
                case of graduate study);
                    (ii) Police Corps training and certification by the 
                Director that the participant has met such performance 
                standards as may be established pursuant to section 8; 
                and
            (C) repay all of the scholarship or payment received plus 
        interest at the rate of 10 percent in the event that the 
        conditions of subparagraphs (A) and (B) are not complied with.
    (2)(A) A recipient of a scholarship or payment under this section 
shall not be considered in violation of the agreement entered into 
pursuant to paragraph (1) if the recipient--
            (i) dies; or
            (ii) becomes permanently and totally disabled as 
        established by the sworn affidavit of a qualified physician.
    (B) In the event that a scholarship recipient is unable to comply 
with the repayment provision set forth in subparagraph (B) of paragraph 
(1) because of a physical or emotional disability or for good cause as 
determined by the Director, the Director may substitute community 
service in a form prescribed by the Director for the required 
repayment.
    (C) The Director shall expeditiously seek repayment from 
participants who violate the agreement described in paragraph (1).
    (e) Dependent Child.--A dependent child of a law enforcement 
officer--
            (1) who is a member of a State or local police force or is 
        a Federal criminal investigator or uniformed police officer,
            (2) who is not a participant in the Police Corps program, 
        but
            (3) who serves in a State for which the Director has 
        approved a Police Corps plan, and
            (4) who is killed in the course of performing police 
        duties,
shall be entitled to the scholarship assistance authorized in this 
section for any course of study in any accredited institution of higher 
education. Such dependent child shall not incur any repayment 
obligation in exchange for the scholarship assistance provided in this 
section.
    (f) Gross Income.--For purposes of section 61 of the Internal 
Revenue Code of 1986, a participant's or dependent child's gross income 
shall not include any amount paid as scholarship assistance under this 
section or as a stipend under section 8.
    (g) Application.--Each participant desiring a scholarship or 
payment under this section shall submit an application as prescribed by 
the Director in such manner and accompanied by such information as the 
Director may reasonably require.
    (h) Definition.--For the purposes of this section the term 
``institution of higher education'' has the meaning given that term in 
the first sentence of section 1201(a) of the Higher Education Act of 
1965 (20 U.S.C. 1141(a)).

SEC. 7. SELECTION OF PARTICIPANTS.

    (a) In General.--Participants in State Police Corps programs shall 
be selected on a competitive basis by each State under regulations 
prescribed by the Director.
    (b) Selection Criteria and Qualifications.--(1) In order to 
participate in a State Police Corps program, a participant must--
            (A) be a citizen of the United States or an alien lawfully 
        admitted for permanent residence in the United States;
            (B) meet the requirements for admission as a trainee of the 
        State or local police force to which the participant will be 
        assigned pursuant to section 10, including achievement of 
        satisfactory scores on any applicable examination, except that 
        failure to meet the age requirement for a trainee of the State 
        or local police shall not disqualify the applicant if the 
        applicant will be of sufficient age upon completing an 
        undergraduate course of study;
            (C) possess the necessary mental and physical capabilities 
        and emotional characteristics to discharge effectively the 
        duties of a law enforcement officer;
            (D) be of good character and demonstrate sincere motivation 
        and dedication to law enforcement and public service;
            (E) in the case of an undergraduate, agree in writing that 
        the participant will complete an educational course of study 
        leading to the award of a baccalaureate degree and will then 
        accept an appointment and complete 4 years of service as an 
        officer in the State police or in a local police department 
        within the State;
            (F) in the case of a participant desiring to undertake or 
        continue graduate study, agree in writing that the participant 
        will accept an appointment and complete 4 years of service as 
        an officer in the State police or in a local police department 
        within the State before undertaking or continuing graduate 
        study;
            (G) contract, with the consent of the participant's parent 
        or guardian if the participant is a minor, to serve for 4 years 
        as an officer in the State police or in a local police 
        department, if an appointment is offered; and
            (H) except as provided in paragraph (2), be without 
        previous law enforcement experience.
    (2)(A) Until the date that is 5 years after the date of enactment 
of this Act, up to 10 percent of the applicants accepted into the 
Police Corps program may be persons who--
            (i) have had some law enforcement experience; and
            (ii) have demonstrated special leadership potential and 
        dedication to law enforcement.
    (B)(i) The prior period of law enforcement of a participant 
selected pursuant to subparagraph (A) shall not be counted toward 
satisfaction of the participant's 4-year service obligation under 
section 9, and such a participant shall be subject to the same benefits 
and obligations under this Act as other participants, including those 
stated in subparagraphs (b)(1) (E) and (F).
    (ii) Clause (i) shall not be construed to preclude counting a 
participant's previous period of law enforcement experience for 
purposes other than satisfaction of the requirements of section 9, such 
as for purposes of determining such a participant's pay and other 
benefits, rank, and tenure.
    (3) It is the intent of this Act that there shall be no more than 
20,000 participants in each graduating class. The Director shall 
approve State plans providing in the aggregate for such enrollment of 
applicants as shall assure, as nearly as possible, annual graduating 
classes of 20,000. In a year in which applications are received in a 
number greater than that which will produce, in the judgment of the 
Director, a graduating class of more than 20,000, the Director shall, 
in deciding which applications to grant, give preference to those who 
will be participating in State plans that provide law enforcement 
personnel to areas of greatest need.
    (c) Recruitment of Minorities.--Each State participating in the 
Police Corps program shall make special efforts to seek and recruit 
qualified applicants from among members of all racial, ethnic, or 
gender groups. This subsection does not authorize an exception from the 
competitive standards for admission established pursuant to subsections 
(a) and (b).
    (d) Enrollment of Applicant.--(1) An applicant shall be accepted 
into a State Police Corps program on the condition that the applicant 
will be matriculated in, or accepted for admission at, a 4-year 
institution of higher education (as described in the first sentence of 
section 1201(a) of the Higher Education Act of 1965 (20 U.S.C. 
1141(a))--
            (A) as a full-time student in an undergraduate program; or
            (B) for purposes of taking a graduate course.
    (2) If the applicant is not matriculated or accepted as set forth 
in paragraph (1), the applicant's acceptance in the program shall be 
revoked.
    (e) Leave of Absence.--(1) A participant in a State Police Corps 
program who requests a leave of absence from educational study, 
training or service for a period not to exceed 1 year (or 18 months in 
the aggregate in the event of multiple requests) due to temporary 
physical or emotional disability shall be granted such leave of absence 
by the State.
    (2) A participant who requests a leave of absence from educational 
study, training or service for a period not to exceed 1 year (or 18 
months in the aggregate in the event of multiple requests) for any 
reason other than those listed in paragraph (1) may be granted such 
level of absence by the State.
    (3) A participant who requests a leave of absence from educational 
study or training for a period not to exceed 30 months to serve on an 
official church mission may be granted such leave of absence.
    (f) Admission of Applicants.--An applicant may be admitted into a 
State Police Corps program either before commencement of or during the 
applicant's course of educational study.

SEC. 8. POLICE CORPS TRAINING.

    (a) In General.--(1) The Director shall establish programs of 
training for Police Corps participants. Such programs may be carried 
out at up to 3 training centers established for this purpose and 
administered by the Director, or by contracting with existing State 
training facilities. The Director shall contract with a State training 
facility upon request of such facility if the Director determines that 
such facility offers a course of training substantially equivalent to 
the Police Corps training program described in this Act.
    (2) The Director is authorized to enter into contracts with 
individuals, institutions of learning, and government agencies 
(including State and local police forces), to obtain the services of 
persons qualified to participate in and contribute to the training 
process.
    (3) The Director is authorized to enter into agreements with 
agencies of the Federal Government to utilize on a reimbursable basis 
space in Federal buildings and other resources.
    (4) The Director may authorize such expenditures as are necessary 
for the effective maintenance of the training centers, including 
purchases of supplies, uniforms, and educational materials, and the 
provision of subsistence, quarters, and medical care to participants.
    (b) Training Sessions.--A participant in a State Police Corps 
program shall attend two 8-week training sessions at a training center, 
one during the summer following completion of sophomore year and one 
during the summer following completion of junior year. If a participant 
enters the program after sophomore year, the participant shall complete 
16 weeks of training at times determined by the Director.
    (c) Further Training.--The 16 weeks of Police Corps training 
authorized in this section is intended to serve as basic law 
enforcement training but not to exclude further training of 
participants by the State and local authorities to which they will be 
assigned. Each State plan approved by the Director under section 10 
shall include assurances that following completion of a participant's 
course of education each participant shall receive appropriate 
additional training by the State or local authority to which the 
participant is assigned. The time spent by a participant in such 
additional training, but not the time spent in Police Corps training, 
shall be counted toward fulfillment of the participant's 4-year service 
obligation.
    (d) Course of Training.--The training sessions at training centers 
established under this section shall be designed to provide basic law 
enforcement training, including vigorous physical and mental training 
to teach participants self-discipline and organizational loyalty and to 
impart knowledge and understanding of legal processes and law 
enforcement.
    (e) Evaluation of Participants.--A participant shall be evaluated 
during training for mental, physical, and emotional fitness, and shall 
be required to meet performance standards prescribed by the Director at 
the conclusion of each training session in order to remain in the 
Police Corps program.
    (f) Stipend.--The Director shall pay participants in training 
sessions a stipend of $250 a week during training.

SEC. 9. SERVICE OBLIGATION.

    (a) Swearing In.--Upon satisfactory completion of the participant's 
course of education and training program established in section 8 and 
meeting the requirements of the police force to which the participant 
is assigned, a participant shall be sworn in as a member of the police 
force to which the participant is assigned pursuant to the State Police 
Corps plan, and shall serve for 4 years as a member of that police 
force.
    (b) Rights and Responsibilities.--A participant shall have all the 
rights and responsibilities of and shall be subject to all rules and 
regulations applicable to other members of the police force of which 
the participant is a member, including those contained in applicable 
agreements with labor organizations and those provided by State and 
local law.
    (c) Discipline.--If the police force of which the participant is a 
member subjects the participant to discipline such as would preclude 
the participant's completing 4 years of service, and result in denial 
of educational assistance under section 6, the Director may, upon a 
showing of good cause, permit the participant to complete the service 
obligation in an equivalent alternative law enforcement service and, if 
such service is satisfactorily completed, section 6(d)(1)(C) shall not 
apply.
    (d) Lay-Offs.--If the police force of which the participant is a 
member lays off the participant such as would preclude the 
participants' completing 4 years of service, and result in denial of 
educational assistance under section 6, the Director may permit the 
participant to complete the service obligation in an equivalent 
alternative law enforcement service and, if such service is 
satisfactorily completed, section 6(d)(1)(C) shall not apply.

SEC. 10. STATE PLAN REQUIREMENTS.

    A State Police Corps Plan shall--
            (1) provide for the screening and selection of participants 
        in accordance with the criteria set out in section 7;
            (2) state procedures governing the assignment of 
        participants in the Police Corps program to State and local 
        police forces (no more than 10 percent of all the participants 
        assigned in each year by each State to be assigned to a 
        statewide police force or forces);
            (3) provide that participants shall be assigned to those 
        geographic areas in which--
                    (A) there is the greatest need for additional law 
                enforcement personnel; and
                    (B) the participants will be used most effectively;
            (4) provide that to the extent consistent with paragraph 
        (3), a participant shall be assigned to an area near the 
        participant's home or such other place as the participant may 
        request;
            (5) provide that to the extent feasible, a participant's 
        assignment shall be made at the time the participant is 
        accepted into the program, subject to change--
                    (A) prior to commencement of a participant's fourth 
                year of undergraduate study, under such circumstances 
                as the plan may specify; and
                    (B) from commencement of a participant's fourth 
                year of undergraduate study until completion of 4 years 
                of police service by participant, only for compelling 
                reasons or to meet the needs of the State Police Corps 
                program and only with the consent of the participant;
            (6) to provide that no participant shall be assigned to 
        serve with a local police force--
                    (A) whose size has declined by more than 5 percent 
                since June 21, 1989; or
                    (B) which has members who have been laid off but 
                not retired;
            (7) provide that participants shall be placed and to the 
        extent feasible kept on community and preventive patrol;
            (8) assure that participants will receive effective 
        training and leadership;
            (9) provide that the State may decline to offer a 
        participant an appointment following completion of Federal 
        training, or may remove a participant from the Police Corps 
        program at any time, only for good cause (including failure to 
        make satisfactory progress in a course of educational study) 
        and after following reasonable review procedures stated in the 
        plan; and
            (10) provide that a participant shall, while serving as a 
        member of a police force, be compensated at the same rate of 
        pay and benefits and enjoy the same rights under applicable 
        agreements with labor organizations and under State and local 
        law as other police officers of the same rank and tenure in the 
        police force of which the participant is a member.

SEC. 11. REPORTS TO CONGRESS.

    (a) Annual Reports.--Not later than April 1 of each fiscal year, 
the Director shall submit a report to the Attorney General, the 
President, the Speaker of the House of Representatives, and the 
President of the Senate. Such report shall--
            (1) state the number of current and past participants in 
        the Police Corps program authorized by this Act, broken down 
        according to the levels of educational study in which they are 
        engaged and years of service they have served on police forces 
        (including service following completion of the 4-year service 
        obligation);
            (2) describe the geographic dispersion of participants in 
        the Police Corps program; and
            (3) describe the progress of the programs authorized by 
        this Act and make recommendations for changes in the programs.

SEC. 12. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated to carry out this Act 
$100,000,000 for fiscal years 1993 and 1994, and $200,000,000 for each 
of fiscal years 1995, 1996, and 1997.

                                 <all>

HR 333 IH----2