96-24212. FY 1996 Police Corps Program  

  • [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]
    
    
    
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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.
    
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        (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:
    
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        (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
    
    
    

Document Information

Effective Date:
9/24/1996
Published:
09/24/1996
Department:
Justice Department
Entry Type:
Rule
Action:
Interim rule with request for comments.
Document Number:
96-24212
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.
Pages:
49971-49974 (4 pages)
RINs:
1105-AA47: Police Corps Program
RIN Links:
https://www.federalregister.gov/regulations/1105-AA47/police-corps-program
PDF File:
96-24212.pdf
CFR: (6)
28 CFR 92.1
28 CFR 92.2
28 CFR 92.3
28 CFR 92.4
28 CFR 92.5
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