[Federal Register Volume 61, Number 186 (Tuesday, September 24, 1996)]
[Rules and Regulations]
[Pages 49971-49974]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-24212]
[[Page 49971]]
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DEPARTMENT OF JUSTICE
Office of Community Oriented Policing Services
28 CFR Part 92
RIN 1105-AA47
FY 1996 Police Corps Program
AGENCY: Office of the Police Corps and Law Enforcement Education,
Office of Community Oriented Policing Services, Justice.
ACTION: Interim rule with request for comments.
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SUMMARY: This rule establishes a framework for the Police Corps,
authorized by the Police Corps Act, Title XX, Subtitle A of the Violent
Crime Control and Law Enforcement Act of 1994. For Fiscal Year 1996,
Congress has appropriated $10 million for the operation of the Police
Corps. This regulation is being published under the statutory grant of
authority of the Police Corps Act to issue regulations governing the
process of selection of Police Corps participants.
DATES: This interim rule is effective on September 24, 1996. All
comments must be received by close of business (5:30 p.m. EST) on
October 24, 1996. The length of the comment period has been limited to
thirty days in order to provide States and individuals timely access to
the available program funds. It would be contrary to the public
interest to delay implementation of the program.
ADDRESSES: All comments should be addressed to L. Anthony Sutin, Deputy
Director/General Counsel, Office of Community Oriented Policing
Services, U.S. Department of Justice, 1100 Vermont Avenue, NW.,
Washington, DC 20530.
FOR FURTHER INFORMATION CONTACT: The Department of Justice Response
Center at 1-800-421-6770 or (202) 307-1480, or L. Anthony Sutin, Office
of Community Oriented Policing Services, at (202) 514-3750.
SUPPLEMENTARY INFORMATION: The purpose of this rule is to provide
guidance to States and individuals interested in applying to
participate in the Police Corps. The rule addresses eligibility
requirements, application criteria and procedures, and certain post-
application requirements. The rule is not intended to be a
comprehensive compilation of the administrative requirements of the
Police Corps; the authorizing statute (42 U.S.C. 14091 et seq.) is
quite detailed in a number of respects and those requirements and
provisions are not repeated in the regulation (but are set forth in the
following overview). In addition, other program requirements and
procedures will be formulated by the participating States in light of
their circumstances and needs.
Overview
The Police Corps is administered by the Office of the Police Corps
and Law Enforcement Education (``OPCLEE''), within the Office of
Community Oriented Policing Services, U.S. Department of Justice, in
partnership with participating States that have submitted an approved
State plan. The Police Corps awards scholarships and reimburses
educational expenses to students who agree to work in a State or local
police force for at least four years. Students must pursue an
undergraduate or graduate degree in a course of study which, in the
judgment of the State or local police force to which the participant
will be assigned, includes appropriate preparation for police service.
The service commitment must follow receipt of the baccalaureate degree
or precede commencement of graduate studies funded by the Police Corps.
Police Corps funds cover education expenses (including tuition, fees,
books, supplies, transportation, room and board, and miscellaneous
expenses) up to $7,500 per academic year, with a limit on total
payments to any student of $30,000. Funds are paid directly by the
Department of Justice to the institution of higher education, or to the
participating student in reimbursement for the expenses.
Police Corps scholarship funds also are available to dependent
children of law enforcement officers killed in the line of duty. These
scholarships may be applied to any course of study, without any service
or repayment obligation.
Police Corps participants are selected on a competitive basis by
each State within the framework of this rule. Participation is open to
U.S. citizens and permanent resident aliens who meet the requirements
for admission as a trainee of the police agency to which he or she will
be assigned. Participants also must possess the necessary mental and
physical capabilities and emotional characteristics to be an effective
law enforcement officer, be of good character and demonstrate sincere
motivation and dedication to law enforcement and public service. Until
1999, up to 10% of Police Corps participants may be persons who have
had some law enforcement experience and have demonstrated special
leadership potential and dedication to law enforcement.
Service Obligation: Participants enter into a contract with OPCLEE
for their four-year service commitment. Police Corps participants have
all of the rights and responsibilities of the members of the police
force to which they are assigned. They should be compensated at the
same rate of pay and receive the same benefits as other officers of the
same rank and tenure of their assigned force. If disciplinary matters,
layoffs, or other circumstances preclude fulfillment of the four-year
service requirement, OPCLEE will reassign the participant to an
``equivalent law enforcement service.'' If physical or emotional
disability preclude completion of service; OPCLEE may substitute
participation in community service. If the service obligation is not
satisfactorily completed, the participant will be required to repay all
Police Corps funds received, plus interest at ten percent.
Police agencies that employ Police Corps officers will receive
$10,000 per participant for each year of service, or $40,000 per each
participant who fulfills the four-year service obligation. However, a
police agency may not receive this payment if its average size has
declined by more than 2 percent since January 1, 1993, or if it has
laid off officers.
State Participation: A State or territory that wishes to
participate in the Police Corps must designate a lead agency that will
submit a State plan to OPCLEE and administer the program in the State.
The State plan must provide that the agency will work in cooperation
with local law enforcement liaisons, representatives of police labor
and management organizations, and other appropriate agencies to develop
and implement interagency agreements. The State also must agree to
advertise the availability of Police Corps funds, and make special
efforts to recruit applicants from among members of all racial, ethnic
or gender groups.
The State plan sets out procedures governing assignment of
participants to State and local police agencies. Participants must be
assigned to those geographic areas where there is the greatest need for
additional personnel and where they will be used most effectively.
Where consistent with those objectives, a participant should be
assigned to an area near his or her home or other location of choice.
No participants may be assigned to a police force the size of which has
declined more than 5 percent since 1989 or which has laid off officers.
Up to ten percent of participants may be assigned to the State Police.
The State plan must provide that Police Corps participants will, to
the extent feasible, be assigned to community and preventive patrol.
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To avoid oversubscription of the program, OPCLEE has discretion
regarding the number of State plans that are approved, giving
preference to those that provide law enforcement personnel to areas of
greatest need.
Training: Police corps participants must attend two 8-week training
sessions established by OPCLEE, following the completion of their
sophomore and junior years (unless the participant entered the program
after that point). Training is intended to serve as basic law
enforcement training, designed to include 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. Each participant is paid $250 per week of training
by OPCLEE.
Under the authorizing statute, OPCLEE may establish and administer
up to three training centers, or contract with existing State training
facilities. OPCLEE is required to contract with a State facility, if
the facility so requests, if OPCLEE determines that the facility offers
training substantially equivalent to that called for under this
provision. OPCLEE also may contract or enter into agreements with other
individuals, universities, federal, state and local government agencies
for training resources. OPCLEE is authorized to expend funds for
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.
Request for Comment: The Office of the Police Corps and Law
Enforcement Education seeks comments on any aspect of the rule.
Administrative Requirements
Executive Order 12866
This regulation has been drafted and reviewed in accordance with
Executive Order 12866, section 1(b), Principles of Regulation. The
Office of Community Oriented Policing Services has determined that this
Interim Rule is not a ``significant regulatory action'' under Executive
Order 12866, section 3(f), Regulatory Planning and Review, and,
accordingly, this Interim Rule has not been reviewed by the Office of
Management and Budget.
Regulatory Flexibility Act
The Director, Office of the Police Corps and Law Enforcement
Education, Office of Community Oriented Policing Services, in
accordance with the Regulatory Flexibility Act, codified at 5 U.S.C.
605(b), has reviewed this regulation and, by approving it, certifies
that this regulation will not have a significant economic impact on a
substantial number of small entities. This Interim Rule builds upon the
statutory outline of a program providing scholarships and educational
assistance to individuals in exchange for a commitment to serve as a
law enforcement officer for four years, and the award of such
scholarships or assistance imposes no requirements on small businesses
or other small entities.
Paperwork Reduction Act
The information collection requirements contained in this interim
rule were submitted for review and clearance to the Office of
Management and Budget, as required by provisions of the Paperwork
Reduction Act, 44 U.S.C. 3504(h). A clearance number of 1103-0035 has
been assigned, with the clearance expiring on February 27, 1997.
List of Subjects in 28 CFR Part 92
Law Enforcement Officers, Scholarships and fellowships, Student
Aid.
For the reasons set out in the preamble, 28 CFR is amended by
adding Part 92 to read as follows:
PART 92--POLICE CORPS ELIGIBILITY AND SELECTION CRITERIA
Sec.
92.1 Scope.
92.2 Am I eligible to apply to participate in the Police Corps?
92.3 How and when should I apply to participate in the Police
Corps?
92.4 How will participants be selected from applicants?
92.5 What educational expenses does the Police Corps cover, and how
will they be paid?
92.6 What colleges or universities can I attend under the Police
Corps?
Authority: 42 U.S.C. 14091.
Sec. 92.1 Scope.
This subpart sets forth guidance on the eligibility for and
selection to participate in the Police Corps. The Police Corps offers
scholarships and educational expense reimbursements to individuals who
agree to serve as a State or local police officer or sheriff's deputy
for four years. In addition, Police Corps participants receive sixteen
weeks of training in basic law enforcement, including vigorous physical
and mental training to teach self-discipline and organizational loyalty
and to impart knowledge and understanding of legal processes and law
enforcement.
Sec. 92.2 Am I eligible to apply to participate in the Police Corps?
(a) You should consider applying to the Police Corps if you are
seeking an undergraduate or graduate degree, and are willing to commit
to four years of service as a member of a State or local police force.
To be eligible to participate in a State Police Corps program, an
individual also must:
(1) Be a citizen of the United States or an alien lawfully admitted
for permanent residence in the United States as of the date of
application;
(2) Meet the requirements for admission as a trainee of the State
or local police force to which the participant will be assigned if
selected, 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 force shall not disqualify
the applicant if the applicant will be of sufficient age upon
completing an undergraduate course of study;
(3) Possess the necessary mental and physical characteristics to
discharge effectively the duties of a law enforcement officer;
(4) Be of good character and demonstrate sincere motivation and
dedication to law enforcement and public service;
(5) 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 four years of service as an officer in the State police or in
a local police department within the State;
(6) 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;
(7) Contract, with the consent of the participant's parent or
guardian if the participant is a minor, to serve four years as an
officer in the State police or in a local police department, if an
appointment is offered; and
(8) Except as provided in paragraph (a)(8)(i) of this section, be
without previous law enforcement experience.
(i) Until September 13, 1999, up to ten percent of the applicants
accepted into the State Police Corps program may be persons who have
had some law enforcement experience and/or have demonstrated special
leadership potential and dedication to law enforcement.
[[Page 49973]]
(b) According to the Debt Collection Procedures Act (Pub. L. 101-
647 as amended), 28 U.S.C. 3201, persons who have incurred a court
judgment in favor of the United States creating a lien against their
property arising from a civil or criminal proceeding regarding a debt
are precluded from receiving Federal funds (including Police Corps
funds) until the judgment lien has been paid in full or otherwise
satisfied.
(c) Educational assistance under the Police Corps Act for any
course of study also is available to 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 policing duties.
(i) For purposes of this assistance, a dependent child means a
natural or adopted child or stepchild of a law enforcement officer who
at the time of the officer's death was no more than 21 years old or, 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 based on a review of any
available documentation.
(ii) The educational assistance available under this subsection is
subject to the same dollar limitations set forth in Sec. 92.4, but
carries no police service obligation, repayment contingencies, or
requirement for approval of a course of study.
Sec. 92.3 How and when should I apply to participate in the Police
Corps?
(a) The application and selection process occurs at the State
level. An applicant may apply to participate in more than one State
Police Corps program, provided that the applicant is prepared to commit
to serve as a law enforcement officer in the State to which application
is made. Application forms should be obtained from the State Police
Corps agencies.
(b) Applicants may seek admission to the Police Corps either before
commencement of or during the applicant's course of undergraduate or
graduate study. However, acceptance into the Police Corps will be
conditioned on matriculation in or acceptance for admission at a four-
year institution of higher education. Specific application deadlines
will be established by State Police Corps agencies.
Sec. 92.4 How will participants be selected from applicants?
(a) Applicants should be selected competitively based upon
selection criteria developed by the State Police Corps agency pursuant
to this subsection. Appropriate application materials should be
developed by the State Police Corps agency to obtain the information
reasonably needed to make selection and assignment decisions and to
provide required information to the Director.
(b) The State Police Corps agency should develop selection criteria
in consultation with local law enforcement officials, representatives
of police labor organizations and police management organizations, and
other appropriate State and local agencies. Selection criteria should
seek to attract highly qualified individuals with backgrounds and
characteristics likely to assure effective participation in the Police
Corps. Criteria should include consideration of factors bearing on the
statutory eligibility requirements set forth in Sec. 92.1, and may
include (without limitation) consideration of:
(1) Scholastic record;
(2) Work experience;
(3) Extracurricular and/or community involvement;
(4) Letters of recommendation;
(5) Demonstrated interest in policing as a career.
(c) After selection, the State Police Corps agency will forward to
the Director, Office of the Police Corps and Law Enforcement Education
a list of persons selected for admission to the Police Corps. With
respect to each person, the list should set forth:
(1) Name;
(2) Address;
(3) Social security number;
(4) Name and location of law enforcement agency to which the person
has been assigned;
(5) Educational institution in which the person is enrolled or has
been accepted for admission, and course of study;
(6) Date on which the person is expected to commence his/her
service;
(7) Certification that the person has been found to meet the
statutory selection criteria at 42 U.S.C. Sec. 14096;
(8) A Police Corps Agreement signed by the applicant; and
(9) An itemization of the educational expenses that the person is
eligible to receive through scholarship and/or reimbursement.
(i) With respect to individuals identified to receive educational
assistance under Sec. 92.2(c), the list should contain the information
in paragraphs (c) (1), (2), (3), (5) and (9) of this section.
(ii) With respect to the list in the aggregate, a summary of the
racial and gender distribution of the individuals.
(d) After selection, the State Policy Corps agency should notify
applicants of their selection, their agency assignment, and their
assignment to a training class. However, admission to the Police Corps
is not final until the Police Corps Agreement has been signed both by
the applicant and the Director.
Sec. 92.5 What educational expenses does the Police Corps cover, and
how will they be paid?
(a) Educational expenses are paid either in the form of a
scholarship or a reimbursement. Scholarships will be paid where Police
Corps participants are currently enrolled in an approved course of
study in an institution of higher education. Reimbursements will be
paid to participants for educational expenses incurred prior to
admission to the Police Corps. In certain circumstances, a Police Corps
participant may receive a reimbursement for past expenses and a
scholarship for current expenses.
(b) Requests for payment of educational expenses by a Police Corps
participant should be submitted to the Director through the State
Police Corps agency.
(1) Educational expenses are expenses that are directly
attributable to a course of education leading to the award of either a
baccalaureate or graduate degree, and may include:
(i) Tuition, in an amount billed by the institution of higher
education;
(ii) Fees, in an amount billed by the institution of higher
education;
(iii) Cost of books required to be purchased pursuant to the
curriculum in which the candidate is enrolled;
(iv) Cost of transportation from the candidate's home to school,
calculated at actual cost or the current prevailing rate for mileage
reimbursement for federal travel;
(v) Cost of room and board;
(vi) Miscellaneous expenses not to exceed $250 per academic
semester.
(2) A participant receiving a scholarship may submit payment
requests prior to the commencement of each subsequent academic year in
which he/she is enrolled in an institution of higher education.
(3) For participants currently enrolled in an institution of higher
education, each payment request must be accompanied by:
[[Page 49974]]
(i) a certification from the institution that the participant is
maintaining satisfactory academic progress;
(ii) a certification by or on behalf of the State or local police
force to which the participant will be assigned that the participant's
course of study includes appropriate preparation for police service.
(4) The maximum Police Corps payment per participant per academic
year, whether in the form of scholarship or reimbursement, is $7,500.
In the case of a participant who is pursuing a course of educational
study during substantially an entire calendar year, the maximum payment
will be $10,000 per such calendar year.
(5) The total of all Police Corps scholarship or reimbursement
payments to any one participant shall not exceed $30,000.
(6) Police Corps scholarship payments will be made directly to the
institution of higher education that the student is attending. Each
institution of higher education receiving a Police Corps scholarship
payment shall remit to such student any funds in excess of the costs of
tuition, fees, and room and board payable to the institution.
(7) Reimbursements for past expenses will be made directly to the
Police Corps participant. One-quarter of the reimbursement will be made
after completion of each of the four years of the participant's
required service obligation.
Sec. 92.6 What colleges or universities can I attend under the Police
Corps?
(a) The choice of institution is up to the participant, as long as
the institution meets the definition of an ``institution of higher
deduction.'' As defined in 20 U.S.C. 1141(a), an ``institution of
higher education'' means an educational institution in any State which:
(1) admits as regular students only persons having a certificate of
graduation from a school providing secondary education, or the
recognized equivalent of such a certificate,
(2) is legally authorized within such State to provide a program of
education beyond secondary education,
(3) provides an educational program for which it awards a
bachelor's degree or provides not less than a two-year program which is
acceptable for full credit toward such a degree,
(4) is a public or other nonprofit institution, and
(5) is accredited by a nationally recognized accrediting agency or
association, or if not so accredited, is an institution that has been
granted preaccreditation status by such an agency or association that
has been recognized by the Secretary (of Education) for the granting of
preaccreditation status, and the Secretary has determined that there is
satisfactory assurance that the institution will meet the accreditation
standards of such an agency or association within a reasonable time.
(b) Such term also includes any school which provides not less than
a one-year program of training to prepare students for gainful
employment in a recognized occupation and which meets the provisions of
paragraphs (a) (1), (2), (4), and (5) of this section. Such term also
includes a public or nonprofit educational institution in any State
which, in lieu of the requirement in paragraph (a)(1) of this section,
admits as regular students persons who are beyond the age of compulsory
school attendance in the State in which the institution is located.
(c) A Police Corps scholarship only may be used to attend a four-
year institution of higher education, except that:
(1) A scholarship may be used for graduate and professional study;
and
(2) If a participant has enrolled in the Police Corps upon or after
transfer to a four-year institution of higher education, the Director
may reimburse the participant for prior educational expenses.
Dated: September 16, 1996.
Joseph E. Brann,
Director.
[FR Doc. 96-24212 Filed 9-23-96; 8:45 am]
BILLING CODE 4410-01-M