[Federal Register Volume 63, Number 182 (Monday, September 21, 1998)]
[Rules and Regulations]
[Pages 50145-50147]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-25143]



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DEPARTMENT OF JUSTICE

28 CFR Part 92

RIN 1105-AA58


FY 1998 Police Recruitment Program

AGENCY: Office of Community Oriented Policing Services, U.S. Department 
of Justice.

ACTION: Interim rule with requests for comments.

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SUMMARY: This rule establishes a framework for the Police Recruitment 
Project, authorized by the Police Recruitment Act, Subtitle H of the 
Violent Crime Control and Law Enforcement Act of 1994. For Fiscal Year 
1998, Congress has appropriated $1 million for the funding of pilot 
projects under the Police Recruitment Program. This regulation is being 
published under the statutory grant of authority of the Police 
Recruitment Act to issue guidelines governing the content and results 
of programs receiving grants under the Police Recruitment Program.

DATES: This interim rule is effective on September 21, 1998. All 
comments must be received by close of business (5:30 p.m. EST) on 
October 21, 1998.

ADDRESSES: All comments should be addressed to Rob Chapman, Program 
Coordinator, Office of Community Oriented Policing Services, U.S. 
Department of Justice, 1100 Vermont Avenue, N.W., Washington, D.C. 
20530.

FOR FURTHER INFORMATION CONTACT: The Department of Justice Response 
Center at 1-800-421-6770 or (202) 307-1480, or Rob Chapman, Community 
Oriented Policing Services, at (202) 633-1295.

SUPPLEMENTARY INFORMATION: The purpose of this rule is to provide 
guidance to the non-profit community groups interested in applying to 
participate in the Police Recruitment Program. The rule addresses 
program purposes and goals, and project and eligibility requirements. 
The rule is not intended to be a comprehensive compilation of the 
administrative requirements of the Police Recruitment Program. Other 
program requirements and procedures will be formulated by the 
participating community organizations and police departments in light 
of their circumstances and needs.
    The rule amends 28 CFR Part 92 by designating existing section 92.1 
through 92.6 as Subpart A to read as follows: ``Police Corps 
Eligibility and Selection Criteria.'' The rule further amends 28 CFR 
Part 92 by adding Subpart B to read as follows: ``Police Recruitment 
Program Guidelines.''

Overview

    The Office of Community Oriented Policing Services administers the 
Police Recruitment Program, U.S. Department of Justice. This program is 
designed to develop pilot projects to meet the ongoing need for 
additional improvement in recruiting, selecting and retaining police 
officer applicants. The Police Recruitment program will make grants to 
a limited number of qualified community organizations to assist in 
meeting the cost of qualified programs designed to recruit and retain 
applicants to police departments.
    To do this, applicants under this program are expected to utilize 
innovative and effective methods in meeting the program guidelines. 
Successful applicants will be funded for a total of up to $500,000 for 
a one-year grant period only, though two additional years of no-cost 
extensions will be permitted.
    The successful applicants funded under the Police Recruitment 
program will ultimately design programs to enhance opportunities and 
increase inroads for individuals within their local police agencies. 
These advances will be accomplished through a variety of methods, 
including, but not limited to, targeted recruitment efforts; tutorial 
programs to enable individuals to meet police force academic 
requirements and pass entrance examinations; counseling for those 
applicants who may encounter problems throughout the application 
process; and programs to aid in the retention of these applicants 
throughout the application and hiring process.
    Request for Comment: The COPS Office seeks comments on any aspect 
of this rule.

Administrative Requirements

Administrative Procedure Act 5 U.S.C. 553

    The rule is implemented as an Interim Rule based on the good cause 
exceptions of the Administrative Procedure Act found at 5 U.S.C. 553, 
with provision of post-promulgation public comments. The COPS Office 
will address any comments received in a final rule. Immediate 
implementation is necessary to expedite the availability of funds to 
qualified community organizations to provide recruiting and retention 
services through qualified programs to police department candidates. 
The immediate implementation of the rules serves the public benefit of 
ensuring that funds flow as quickly as possible to support the costs of 
programs involving tutorial, counseling, and retention services for 
such individuals. The length of the comment period has been limited to 
thirty days in order to provide qualified non-profit community groups 
timely access to the available program funds. It would be contrary to 
the public interest to delay implementation of the program.

Regulatory Flexibility Act

    The Director of the 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 federal grant assistance to 
programs sponsored by non-profit organizations providing recruiting and 
retention services to police department applicants. The award of such 
grants imposes no significant economic impacts on substantial numbers 
of small businesses or other entities.

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 rule has not been reviewed by the Office of Management 
and Budget.

Executive Order 12612

    This regulation will not have substantial direct effects on the 
States, on the relationship between the national government and the 
States, or on distribution of power and responsibilities among the 
various levels of government. Therefore, in accordance with Executive 
Order 12612, it is determined that this rule does not have sufficient 
federalism implications to warrant the preparation of a Federal 
Assessment.

Unfunded Mandates Reform Act of 1995

    This rule will not result in the expenditure by State, local, and 
tribal governments, in the aggregate, or by the private sector, of 
$100,000,000 or more in any one year, and it will not significantly or 
uniquely affect small governments. Therefore, no actions were deemed 
necessary under the provisions of the Unfunded Mandates Reform Act of 
1995.

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Small Business Regulatory Enforcement Fairness Act of 1996

    This rule is not a major rule as defined by section 804 of the 
Small Business Regulatory Enforcement Fairness Act of 1996. This rule 
will not result in an annual effect on the economy of $100,000,000 or 
more; a major increase in costs or prices; or significant adverse 
effects on competition, employment, investment, productivity, 
innovation, or on the ability of United States-based companies to 
compete with foreign-based companies in domestic and export markets.

Paperwork Reduction Act

    The interim rule is not subject to the Paperwork Reduction Act 
requirements because the information collected as part of the grant 
application process will be collected from fewer than ten respondents.

List of Subjects in 28 CFR Part 92

    Law enforcement officers, Scholarships and fellowships.

    Accordingly, chapter I of title 28 of the Code of Federal 
Regulations is amended as follows:

PART 92 HEADING [REVISED]

PART 92--OFFICE OF COMMUNITY ORIENTED POLICING SERVICES (COPS)

    1. The heading for part 92 is revised as set forth above.
    2. The authority citation for part 92 is revised to read as 
follows:

    Authority: 42 U.S.C. 13811-13812; 42 U.S.C. 14091-14102.

    3. Existing sections 92.1 through 92.6 are designated as Subpart A 
and a new subpart heading is added to read as follows:

Supart A--Police Corps Eligibility and Selection Criteria

    4. Part 92 is amended by adding a new Subpart B to read as follows:

Subpart B--Police Recruitment Program Guidelines

Sec.
92.7  Scope.
92.8  Providing recruitment services.
92.9  Publicizing Police Recruitment program.
92.10  Providing tutorials and other academic assistance programs.
92.11  Content of the recruitment and retention programs.
92.12  Program funding length.
92.13  Program eligibility.

Subpart B--Police Recruitment Program Guidelines


Sec. 92.7  Scope.

    (a) The Police Recruitment program offers funds to qualified 
community organizations to assist in meeting the costs of programs 
which are designed to recruit and train police applicants from a 
variety of neighborhoods and localities.
    (b) Individual participants encountering problems throughout the 
police department application process shall receive counseling, 
tutorials, and other academic assistance as necessary to assist them in 
the application process of a police department.
    (c) Program goals should include increasing the retention in the 
hiring process for police applicants participating in the program.
    (d) Programs funded under the Police Recruitment program will have 
a one-year grant period, with allowances for two additional years of 
no-cost extensions.


Sec. 92.8  Providing recruitment services.

    The non-profit community organizations that wish to receive a grant 
under this program should provide for an overall program design with 
the objective of recruiting and retaining applicants from a variety of 
populations to a police department. The recruitment strategies employed 
may include:
    (a) A process for recruiting applicants for employment by a police 
department. These processes should include working in cooperation with 
a local law enforcement department to develop selection criteria for 
the participants. The selection criteria may include, but are not 
limited to:
    (1) Demonstrated interest in policing as a career;
    (2) Scholastic record (except that failure to meet the satisfactory 
academic scores shall not disqualify the applicant since the program is 
designed to provide tutorial service so to help applicant pass the 
required examinations);
    (3) Background screening;
    (4) Work experience;
    (5) Letters of recommendation.
    (b) The recruitment services must ensure that applicants possess 
the necessary mental and physical capabilities and emotional 
characteristics to be an effective law enforcement officer.


Sec. 92.9  Publicizing the Police Recruitment Program.

    Participating organizations should have experience in or an ability 
to develop procedures to publicize the availability of like programs. 
These programs should be widely publicized throughout the affected 
geographic area. The methods for publicizing the Police Recruitment 
programs may include, but are not limited to:
    (a) Sending press releases to community bulletins, college and 
local newspapers, and television stations, as well as public service 
announcements to local and college radio stations;
    (b) Sending information to and/or making presentations at:
    (1) Local community colleges;
    (2) Colleges and universities serving populations in the geographic 
area of the program;
    (3) Local nonprofit groups;
    (4) Academic counseling departments within public and private 
nonprofit colleges and universities;
    (5) Academic counseling departments within public and private 
nonprofit high schools;
    (6) High school and college student associations;
    (7) Local religious groups;
    (8) Local social services agencies.
    (c) Disseminating press releases and/or translated materials to 
non-English language newspapers and magazines; and
    (d) Maintaining toll-free or other easy-access telephone numbers 
for obtaining application materials.


Sec. 92.10  Providing tutorials and other academic assistance programs.

    (a) The program designed by the community organization must include 
academic counseling, tutorials and other academic assistance programs 
to enable individuals to meet police force academic requirements, pass 
entrance examinations, and meet other requirements. The program should 
include:
    (1) Processes for evaluating educational assistance needs of young 
adults and adults. These processes should include, but are not limited 
to: screening procedures and testing batteries to assess individual 
needs;
    (2) Tutorial programs designed to meet the specific and varied 
academic needs of individual applicants; and
    (3) Academic and guidance counseling for adults. Specific 
counseling programs must be designed for individuals who encounter 
problems with passing the entrance examinations, and may include 
specialized counseling in self discipline, study habits, taking written 
and oral exams, and physical fitness.
    (b) These tutorial and academic assistance programs must be 
provided by individuals or groups that have experience in developing 
and providing

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tutorial programs for young adults and adults.
    (c) The program provider must also have experience in providing 
counseling for participants who encounter other problems with the 
police department application process.


Sec. 92.11  Content of the recruitment and retention programs.

    Applicants must describe in detail the intended program strategies 
for providing academic and guidance counseling activities for members 
of the community, as described in Secs. 92.2 through 92.4. A review of 
mandatory topics to be addressed in a detailed concept paper/
application to be provided by all applicants follows.
    (a) Applicants must address program strategies for responding to 
program and applicant needs throughout the recruitment process. The 
process should be based on an examination and understanding of the 
needs of the population in meeting the qualification requirements of 
the police department. The project strategy should subsequently be 
tailored based on the understanding of the current and anticipated 
problems in meeting police department requirements.
    (b) Applicants must describe the manner in which academic services 
and tutorials, and guidance counseling programs that would assist 
applicants to pass the entrance examination and related tests will be 
provided. This should also include the anticipated length of the 
academic and guidance counseling programs, qualifications of the 
counselors, and the content of the counseling programs.
    (c) Applicants must provide retention services to assist in keeping 
individuals in the application process of a police department. These 
may include:
    (1) Counseling programs aimed at meeting the needs of potential 
police applicants before they are eligible to apply for a sworn 
position;
    (2) Pre-police employment programs, such as junior police cadet 
programs, reserve programs, and police volunteer activities and
    (3) Mentoring activities utilizing sworn officers.
    (d) Applicants must estimate the number of police applicants to be 
served by the prospective program, along with an estimation of the 
total number of potential or actual applicants who will be successfully 
hired and eventually deployed as police officers.


Sec. 92.12  Program funding length.

    Funding for these programs will be for one year only, but will 
allow for two additional years of no-cost extension.


Sec. 92.13  Program eligibility.

    (a) Eligible organizations for the Police Recruitment program grant 
are certified nonprofit organizations that have training and/or 
experience in:
    (1) Working with a police department and with teachers, counselors, 
and similar personnel;
    (2) Providing services to the community in which the organization 
is located;
    (3) Developing and managing services and techniques to recruit and 
train individuals, and in assisting such individuals in meeting 
requisite standards and provisions;
    (4) Developing and managing services and techniques to assist in 
the retention of applicants to like programs; and
    (5) Developing other programs that contribute to the community.
    (b) A program is qualified to receive a grant if:
    (1) The overall design of the program is to recruit and retain 
applicants to a police department;
    (2) The program provides recruiting services that include tutorial 
programs to enable individuals to meet police force academic 
requirements and to pass entrance examinations;
    (3) The program provides counseling to applicants to police 
departments who may encounter problems throughout the application 
process; and
    (4) The program provides retention services to assist in retaining 
individuals to stay in the application process of the police 
department.
    (c) To qualify for funding under the Police Recruitment program, 
the intended activities must support the recruitment services, tutorial 
and other academic assistance programs, and retention services for 
individuals. The qualified non-profit organization must submit an 
application which identifies the law enforcement department with which 
it will work and includes documentation showing:
    (1) The need for the grant;
    (2) The intended use of the funds;
    (3) Expected results from the use of grant funds;
    (4) Demographic characteristics of the population to be served, 
including age, disability, race, ethnicity, and languages used;
    (5) Status as a non-profit organization; and
    (6) Contains satisfactory assurances that the program for which the 
grant is made will meet the applicable requirements of the program 
guidelines prescribed in this document.

    Dated: September 2, 1998.
Joseph E. Brann,
Director.
[FR Doc. 98-25143 Filed 9-18-98; 8:45 am]
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