[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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