H.R.5514 - Voluntary National Service Act of 1990101st Congress (1989-1990)
|Sponsor:||Rep. Penny, Timothy J. [D-MN-1] (Introduced 08/03/1990)|
|Committees:||House - Education and Labor; Foreign Affairs; Judiciary; Veterans' Affairs; Armed Services|
|Latest Action:||House - 09/04/1990 Referred to the Subcommittee on Select Education. (All Actions)|
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Text: H.R.5514 — 101st Congress (1989-1990)All Information (Except Text)
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Introduced in House
HR 5514 IH 101st CONGRESS 2d Session H. R. 5514 To establish a program of voluntary domestic and international service, to establish a Police Corps Program, to enhance benefits under the all-volunteer force educational assistance program, and for other purposes. IN THE HOUSE OF REPRESENTATIVES August 3, 1990 Mr. PENNY introduced the following bill; which was referred jointly to the Committees on Education and Labor, Foreign Affairs, the Judiciary, Veterans' Affairs, and Armed Services A BILL To establish a program of voluntary domestic and international service, to establish a Police Corps Program, to enhance benefits under the all-volunteer force educational assistance program, and for other purposes. 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 `Voluntary National Service Act of 1990'. SEC. 2. TABLE OF CONTENTS. The table of contents- TABLE OF CONTENTS Sec. 1. Short title. Sec. 2. Table of contents. Sec. 3. Purposes. TITLE I--DOMESTIC VOLUNTARY SERVICE Subtitle A--Establishment and Implementation of Program Sec. 101. Definitions. Sec. 102. Establishment of the domestic voluntary service program in the action agency. Sec. 103. Eligibility and terms of service. Sec. 104. Types of national service. Sec. 105. Application and placement process. Sec. 106. Stipend and educational assistance for volunteers. Subtitle B--Provision of Community Services Under the Program Sec. 111. Administration of the program in the States. Sec. 112. Duties of an Administrator. Sec. 113. State community service plan. Sec. 114. Training. Sec. 115. Grants to States to implement the program. Sec. 116. Prevention of worker displacement. TITLE II--INTERNATIONAL VOLUNTARY SERVICE Sec. 201. One year placement of volunteers with private voluntary organizations. Sec. 202. Educational benefits for volunteers. TITLE III--POLICE CORPS PROGRAM Sec. 301. Short title. Sec. 302. Purposes. Sec. 303. Definitions. Sec. 304. Establishment of Office of the Police Corps. Sec. 305. Educational assistance. Sec. 306. Selection of participants. Sec. 307. Law enforcement training. Sec. 308. Service obligation. Sec. 309. Approval of State programs. Sec. 310. Reports to President and Congress. TITLE IV--NONMILITARY EDUCATIONAL ASSISTANCE PROGRAMS TITLE V--ALL-VOLUNTEER FORCE EDUCATIONAL ASSISTANCE PROGRAM TITLE VI--MISCELLANEOUS PROVISIONS Sec. 601. Authorization of appropriations. Sec. 602. Effective date. SEC. 3. PURPOSES. The purpose of this Act is to-- (1) promote community service and civic responsibility by providing opportunities for individuals to serve their communities; (2) encourage volunteer participation by providing assistance in student financial aid for volunteer service; (3) enhance recruitment and retention in the armed forces by improving benefits under the Montgomery GI Bill education programs; (4) expand international volunteer service opportunities; and (5) encourage qualified individuals to enter and be trained for law enforcement service. TITLE I--DOMESTIC VOLUNTARY SERVICE Subtitle A--Establishment and Implementation of Program SEC. 101. DEFINITIONS. For purposes of this title: (1) The term `administrator' means the individual designated by the Governor to be the chief administrator of the program in the State. (2) The term `Associate Director' means the Associate Director for Domestic and Anti-Poverty Operations of the ACTION Agency. (3) The term `community service' means service of the type described in section 104 and such other services essential and necessary to the nation as the Associate Director, by rule, may prescribe. (4) The term `educational institution' means a vocational school (including a technical school) or institution of higher learning. (5) The term `Governor' means the chief executive officer of a State. (6) The term `institution of higher learning' has the meaning given to such term in section 1652(f) of title 38, United States Code. (7) The term `local government' means a general purpose political subdivision of a State which has the power to levy taxes and spend funds, as well as general corporate and police powers. (8) The term `nonprofit organization' means an organization-- (A) described in section 501(c) of the Internal Revenue Code of 1986 (26 U.S.C. 501(c)); and (B) exempt from taxation under section 501(a) of such Code (26 U.S.C. 501(a)). (9) The term `program' means the program of voluntary domestic service established by this title. (10) The term `State' means any of the several States, the District of Columbia, the Commonwealth of Puerto Rico, the Commonwealth of the Northern Mariana Islands, the Federated States of Micronesia, the Republic of Marshall Islands, or any territory and possession of the United States. (11) The term `vocational school' has the meaning given to such term in section 435(c) of the Higher Education Act of 1965 (20 U.S.C. 1085(c)). SEC. 102. ESTABLISHMENT OF THE DOMESTIC VOLUNTARY SERVICE PROGRAM IN THE ACTION AGENCY. There is established by this title a program of voluntary domestic service to be administered by the Director of the ACTION Agency, acting through the Associate Director for Domestic and Anti-Poverty Operations. The Associate Director shall issue such rules as may be necessary to carry out this title. SEC. 103. ELIGIBILITY AND TERMS OF SERVICE. (a) ELIGIBILITY- An individual may apply to serve as a full-time or part-time volunteer in the program if the individual-- (1) is age 16 or over; (2) is a citizen of the United States or lawfully admitted for permanent residence; and (3) is willing and able (as determined by the Associate Director) to serve in the program and carry out the duties of a community service volunteer. (b) CONDITION ON ACCEPTANCE- Individuals may be accepted for the program only if adequate funds are available for the enrollment and support of such individual in the program. (c) FULL-TIME SERVICE- An individual selected as a full-time volunteer in the program shall agree to perform community service for a one-year period. The period of service of a full-time volunteer may not be extended. (d) PART-TIME SERVICE- An individual selected as a part-time volunteer in the program shall agree to perform community service during a two-year period consisting of either-- (1) two weekends each month of community service and two weeks a year of full-time community service; or (2) an average of nine hours each week of community service. SEC. 104. TYPES OF NATIONAL SERVICE. (a) An individual serving as a volunteer in the program shall perform comunity service to meet the unmet service needs of a State or local government or other community. Community service may include the following types of service: (1) Educational service, such as literacy and numeracy programs, Head Start, tutorial assistance, and service in schools, libraries, and adult education centers. (2) Human service, such as-- (A) service in hospitals, hospices, clinics, community health centers, homes for the elderly, and child-care centers; and (B) service in programs to assist the elderly, poor, and homeless, including programs to build, restore, and maintain housing for the poor and homeless. (3) Conservation service, such as service in programs to conserve, maintain, and restore natural resources in the urban and rural environment, provide recreational opportunities, and encourage community betterment or beautification. (4) Public Safety service in support of the criminal justice system, including police, courts, prisons, and border patrol. (5) Service in existing national programs, such as referral and placement in the Peace Corps and VISTA. SEC. 105. APPLICATION AND PLACEMENT PROCESS. (a) APPLICATION- To be considered for selection as a volunteer in the program, an eligible individual shall submit an application (in such form and containing such information as the Associate Director shall require by rule) to the Associate Director or such other person as the Associate Director may designate. (b) REVIEW OF APPLICATION- (1) The Associate Director shall review each application submitted and may accept for participation in the program any applicant who meets the eligibility requirements established in section 103. (2) The Associate Director shall establish rules for deciding which applications to accept if there are more applications than volunteer positions available, based on factors such as-- (A) the fitness of an applicant for duty; (B) availability of positions in the community of the applicant; and (C) the date of receipt of the application. (c) REGISTRATION- (1) An individual selected to participate as a volunteer in the program shall register with the administrator of the program in the State in which the individual is a resident. (2) For purposes of paragraph (1), an individual shall be considered a resident of a State if such individual-- (A) is a full-time student at a secondary school or educational institution in the State; or (B) has resided in the State for the 1-year period immediately preceding the date the individual submits an application under such paragraph. (3) The Associate Director, on an individual basis, may waive the residency requirement contained in paragraph (1). (d) PLACEMENT- The administrator shall place the volunteer with appropriate State and local government agencies and nonprofit organizations taking into consideration the preference and skills of the volunteer and the service needs of the agencies and organizations. (e) TRANSFER OF VOLUNTEER- During the term of service of a volunteer, the administrator concerned (with the consent of the volunteer involved) may transfer the volunteer between assignments-- (1) located within the State; or (2) located outside the State with the permission of the administrator of the State to which the volunteer is transferred. (f) PLACEMENT WITH FEDERAL AGENCIES- The Associate Director may also arrange for the placement of volunteers with Federal Agencies. For purposes of Federal laws authorizing a Federal agency to accept the services of a volunteer, an applicant placed pursuant to this subsection shall be considered a volunteer. SEC. 106. STIPEND AND EDUCATIONAL ASSISTANCE FOR VOLUNTEERS. (a) STIPEND- (1) A volunteer selected to serve full-time in the program shall receive a stipend of $100 per week while the volunteer is in training and providing full-time community service during the period of service of the member. (2) A volunteer selected to serve part-time in the program shall receive a stipend of $100 per week while the volunteer performs the two-week period of full-time service. (b) PAYMENT OF STIPEND- The stipend will be paid by the program administrator in accordance with the State plan. (c) VOUCHER FOR EDUCATIONAL ASSISTANCE- (1) Upon the completion of the year of service of a full-time volunteer described in paragraph (3), the Secretary of Education (upon certification by the ACTION Agency) shall provide the volunteer with a nontransferable voucher that is equal in value to $8,904. (2) Upon the completion of the two-year period of service of a part-time volunteer described in paragraph (3), the Secretary of Education (upon certification by the ACTION Agency) shall provide the volunteer with a nontransferable voucher that is equal in value to $4,452. (3) A voucher may be provided to a volunteer under this subsection only if the volunteer has received a high school diploma or its equivalent by the completion of the period of service of the volunteer. (d) PARTIAL COMPLETION OF TERM OF SERVICE- If the Associate Director releases a volunteer from completing the period of service of the volunteer at the request of the volunteer or because of the needs of the program, the Associate Director may provide the volunteer with a portion of the voucher specified in subsection (c) corresponding to the amount of the service obligation completed by the volunteer. (e) USE OF VOUCHER- A voucher provided under subsection (c) may be used by a volunteer only for the following purposes: (1) Payment of a federally sponsored student loan. (2) Payment for the educational tuition, fees, room, and board of the volunteer to be paid by the Associate Director directly to an educational, technical, or vocational institution. (f) TIME LIMIT ON THE USE OF A VOUCHER- (1) A voucher provided under subsection (a) to a volunteer shall be used not later than the end of the 10-year period beginning on the date the term of service of the volunteer is completed. (2) Paragraph (1) shall not apply if the Associate Director determines on an individual basis that a volunteer was unavoidably prevented from using a voucher during such time period. (g) EXCLUSION FROM GROSS INCOME- For purposes of section 61 of the Internal Revenue Code of 1986 (26 U.S.C. 61), any compensation received under this section shall not be considered as gross income of the volunteer receiving that compensation. Subtitle B--Provision of Community Services under the Program SEC. 111. ADMINISTRATION OF THE PROGRAM IN THE STATES. The Governor of each State shall designate an administrator who shall administer and supervise the operation of the Program in the State. SEC. 112. DUTIES OF AN ADMINISTRATOR. (a) IN GENERAL- The administrator of each State shall-- (1) prepare the State community service plan required by section 113; (2) identify eligible organizations for the placement of volunteers pursuant to subsection (b); (3) create a procedure for eligible organizations to apply for volunteers; (4) compile a listing of eligible organizations from which volunteers can select placements; (5) place volunteers with eligible organizations; (6) supervise volunteers who have been placed with eligible organizations; (7) publicize the program in the State; and (8) recruit volunteers for the Program. (b) SELECTION OF ELIGIBLE ORGANIZATIONS- In selecting eligible organizations (and community service projects sponsored by such organizations) for inclusion in the plan required by section 113, the administrator shall consider the types of community service described in section 104. SEC. 113. STATE COMMUNITY SERVICE PLAN. (a) PLANS REQUIRED AS A CONDITION FOR GRANTS- To participate in the program, the administrator of the program in a State shall submit to the Associate Director on behalf of the State a State community service plan. The administrator shall submit the plan in such form and at such time as the Associate Director may require by rule. (b) CONTENT OF THE PLAN- Each plan submitted under subsection (a) shall include-- (1) the procedure by which the administrator shall administer the Program in the State, including-- (A) the types of community service projects available for volunteers; (B) the procedure for training, supervising, and organizing volunteers; (C) the procedure by which eligible organizations shall be selected; and (D) the procedure for placing volunteers with eligible organizations; (2) the proposed budget for the Program for the period covered by the plan; (3) the amount requested by the State to implement the Program; (4) assurances by the State that for the period covered by the plan-- (A) the State will provide health insurance for each volunteer in the Program selected by the State under section 102(a); and (B) the State will pay costs of operation of administering program within the State specifically, but not limited to, the office of the administrator; and (5) such information as the Associate Director may require by rule. (c) PERIOD OF A PLAN- The plan shall be for such period as the Associate Director may require by rule. (d) PREPARATION OF A PLAN- In preparing a plan required under subsection (a), the administrator involved shall-- (1) consult with State and local government officials, representatives of community service, business, and labor organizations, and other interested persons regarding the matters required by subsection (b) to be included in the plan; and (2) consider recommendations by eligible organizations and other persons for community service projects to be included in the Program. (e) REVIEW OF A PLAN- In reviewing a plan submitted under subsection (a), and to establish a priority ranking of the requests for grants presented in such plans, the Associate Director shall consider-- (1) the relationship of the community service projects described in the plan to overall goal of increasing the participation of young people in community service; (2) the population, the relative per capita income, and the unemployment rates in the areas in which such projects will be carried out; (3) the importance of such project in relation to other projects which are in competition for the same funds; and (4) the prospects that the projects for which grants are sought will improve, on a continuing rather than a temporary basis, conditions in the areas in which such projects will be carried out. (f) REQUIREMENTS FOR APPROVAL- A plan submitted under subsection (a) may be approved only if the Associate Director determines, in its discretion, that-- (1) the Program as proposed by the plan will be properly administered and supervised; and (2) the plan includes the matters required by subsection (b) to be included in the plan. (g) NOTIFICATION OF DISAPPROVAL- If a plan submitted under subsection (a), or any portion of such plan, is disapproved, the Associate Director shall-- (1) notify the administrator involved in writing of the reasons for such disapproval; and (2) include in such notification such recommendations as the Associate Director considers appropriate. SEC. 114. TRAINING. (a) TRAINING REQUIRED- Each State shall provide necessary training so that volunteers may safely and sucessfully perform community service assignments. (b) CONTENT OF TRAINING SESSION- Each training session described in subsection (a) shall-- (1) orient volunteers to the nature, philosophy, and purpose of the program; (2) build an ethic of community service; and (3) train volunteers to effectively perform their assigned Program task by providing-- (A) general training in citizenship and civic and community service; and (B) specialized training for the particular volunteer position for which each volunteer has been selected. (c) AGENCY OR ORGANIZATION TRAINING- In addition to the training described in subsection (a), each volunteer shall receive training from the sponsoring government agency or organization in skills relevant to the work to be conducted. SEC. 115. GRANTS TO STATES TO IMPLEMENT THE PROGRAM. (a) GRANTS- The Associate Director shall-- (1) receive and review State community service plans; and (2) make grants to eligible States to assist such States in implementing approved State community plans and in paying stipends under section 106. (b) LIMITATION- Funds appropriated for any fiscal year may not be provided under this Act to a State unless pursuant to an approved State community service plan. SEC. 116. PREVENTION OF WORKER DISPLACEMENT. (a) IN GENERAL- In placing a volunteer with an eligible organization, the administrator involved shall take appropriate measures to assure that such placement shall not result in-- (1) the displacement of any currently employed worker or position (including partial displacement such as a reduction in the hours of nonovertime work, wages, or employment benefits), or result in the impairment of existing contracts for services or collective bargaining agreements; (2) such volunteer filling a position with the organization when-- (A) any other individual is on layoff from the same or any equivalent position with the organization; or (B) the employer has terminated the employment of any regular employee or otherwise reduced the workforce of such employer with the effect of filling the vacancy so created with such volunteer; or (3) any infringement of the opportunities of any currently employed individual for promotion. (b) ENFORCEMENT PROCEDURE- (1) Each State shall establish and maintain a procedure for resolving complaints by regular employees or their representatives that the placement of a volunteer violates any of the prohibitions described in subsection (a). (2) A decision of the State under such procedure may be appealed to the Associate Director for investigation and such action as the Associate Director may find necessary. TITLE II--INTERNATIONAL VOLUNTARY SERVICE SEC. 201. ONE YEAR PLACEMENT OF VOLUNTEERS WITH PRIVATE VOLUNTARY ORGANIZATIONS. (a) TERM OF SERVICE- Subsection (g) of section 5 of the Peace Corps Act (22 U.S.C. 2504(g)) is amended by adding at the end the following: `(2) The term of service of a volunteer detailed, assigned, or otherwise made available to serve with a private voluntary organization shall be one year, and the volunteer may request the extension of such term for an additional year. The Director of the Peace Corps shall prescribe regulations specifying the time and procedure for making, and considering, a request for an extension.'. (b) REMOVAL OF PROVISOES- Such subsection is further amended-- (1) by inserting `(1)' after `(g)'; (2) by striking out `determine:' and all that follows through `this Act.' and inserting in lieu thereof `determine.'; and (3) by adding after paragraph (2), as added by subsection (a), the following: `(3) The President may assign not more than 200 volunteers to carry out secretarial or clerical duties on the staffs of the Peace Corps representatives abroad. Any volunteer so assigned shall continue to be entitled to the allowances, benefits, and privileges of volunteers authorized under or pursuant to this Act.'. SEC. 202. EDUCATIONAL BENEFITS FOR VOLUNTEERS. (a) EDUCATIONAL BENEFITS AUTHORIZED- Section 5 of the Peace Corps Act (22 U.S.C. 2504) is amended by inserting after subsection (c) the following: `(d)(1) For each complete year of service performed by a volunteer under this Act, the President, acting through the Secretary of Education, shall pay not more than $6,700 of the principal and interest of educational loans incurred by the volunteer. `(2) The total amount of loan repayments made under paragraph (1) may not exceed $13,400. `(3) Payments under this subsection shall be in lieu of the cancellation of Perkins loans (direct loans to students in institutions of higher education) for service in the Peace Corps under section 465(a)(2)(E) of the Higher Education Act of 1965 (20 U.S.C. 1087ee(a)(2)(E)).'. (b) EFFECTIVE DATE- The amendment made by this section shall apply with respect to volunteers enrolled in the Peace Corps after the date of the enactment of this Act. TITLE III--POLICE CORPS PROGRAM SEC. 301. SHORT TITLE. This title may be cited as the `Police Corps Act'. SEC. 302. PURPOSES. The purposes of this title are to-- (1) address the very high level of violent crime and neighborhood deterioration afflicting communities throughout the Nation by substantially increasing the number of trained police on community patrol; (2) provide educational assistance to those students of ability, character, and dedication who possess a sincere interest in dedicating 4 years to public service and law enforcement; and (3) establish opportunities for meaningful community service in exchange for educational assistance. SEC. 303. DEFINITIONS. For the purposes of this title: (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 `Director' means the Director of the Office of the Police Corps appointed pursuant to section 304(b). (4) The term `educational expenses' means expenses (including the cost of tuition, fees, books, supplies, transportation, room and board and miscellaneous 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. (5) The term `participant' means a participant in the Police Corps program selected pursuant to section 306. (6) 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. (7) The term `State Police Corps program' means a State police corps program approved under section 309. SEC. 304. ESTABLISHMENT OF OFFICE OF THE POLICE CORPS. (a) ESTABLISHMENT- There is established in the Department of Justice, under the general authority of the Attorney General, an Office of the Police Corps. (b) APPOINTMENT OF DIRECTOR- The Office of the Police Corps shall be headed by a 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 pursuant to this Act and shall have authority to promulgate regulations to implement this Act. SEC. 305. EDUCATIONAL ASSISTANCE. (a) IN GENERAL- (1) The Director is authorized to pay the educational expenses of a participant in a State Police Corps program, by-- (A) entering into an agreement to repay, and repaying, an educational loan; and (B) entering into an agreement to repay, and repaying, a participant for educational expenses paid out of the participant's funds. (2) It is the intent of this Act that there shall be no more than 15,000 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 15,000. 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 15,000, 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. (3) Except for payments of interest on an educational loan, repayment under an agreement made pursuant to paragraph (1) shall be made following completion of a participant's course of educational study, Federal training, and service as required by this Act. (4) Repayment of an educational loan made pursuant to paragraph (1) may be made in the form of direct payment to a lender or reimbursement of a participant for payments made to a lender. (5) An educational loan that may be repaid under paragraph (1) is a loan made pursuant to or in connection with a Federal, State, local, or private loan or loan guarantee program designated by the Director and other loans that meet terms prescribed by the Director by regulation. (b) 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. (c) PAYMENT OF EDUCATIONAL EXPENSES- (1) The Director may agree to repay an educational loan and to reimburse a participant for expenditures made prior to or after the time that a participant applies for admission to a State Police Corps program. (2) The amounts of educational expenses that the Secretary may pay under this section are limited as follows: (A) The amount of educational expenses incurred by a participant to cover the cost of an academic year or calendar year of study that the Director may pay is limited to $5,616. (B) The amount of educational expenses incurred by a participant to cover the cost of undergraduate and graduate study is limited to $16,848 in the aggregate, regardless whether the time of study exceeds 4 years. (d) DIRECTOR'S OBLIGATION TO PAY- (1) The Director's obligation to pay a participant's educational expenses under this section shall be void, and the Director shall be entitled to recover from the participant the amount of any interest on an educational loan that the Director has paid, if the participant fails to complete satisfactorily-- (A) the course of educational study undertaken by the participant; (B) Federal training as required by section 307; and (C) service required by section 3088, unless the failure is the result of death or permanent physical or emotional disability. (2) For the purpose of paragraph (1), a participant shall be deemed to have completed satisfactorily-- (A) an educational course of study upon receipt of a baccalaureate degree (in the case of educational expenses incurred to cover the cost of undergraduate study) or the reward of credit to the participant for having completed one or more graduate courses (in the case of educational expenses incurred to cover the cost of graduate study); (B) Federal training upon certification by the Director of Training that the participant has met such performance standards as may be established pursuant to section 307(d); and (C) service on a police force upon completion of 4 years of service on the 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. (3) As a condition to payment of educational expenses of a participant who fails to complete a course of educational study, training, or service as a result of permanent physical or emotional disability, the Director may require the participant to perform appropriate alternative community service. (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 educational assistance authorized in this section. Such dependent child shall not incur any service obligation in exchange for the educational assistance provided in this section. (f) GROSS INCOME- For purposes of section 61 of the Internal Revenue Code of 1986, a participant's or a dependent child's gross income shall not include any amount paid as educational assistance under this section or as a stipend under section 307. SEC. 306. 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 309(c)(5), including achievement of satisfactory scores on any applicable examination, except that failure to meet the age requirement for a trainee of the State 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 paragraph (2) shall not be counted toward satisfaction of the participant's 4-year service obligation under section 308, and such a participant shall be subject to the same benefits and obligations under this Act as other participants, including those stated in subsection (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 308, such as for purposes of determining such a participant's pay and other benefits, rank, and tenure. (c) RECRUITMENT OF MINORITIES- Each State participating in the Police Corps program shall make special efforts to seek and recruit applicants from among members of racial and ethnic groups whose representation on the police forces within the State is substantially less than in the population of the State as a whole. 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, an 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 leave of absence by the State. (3) If a participant who has taken a leave of absence pursuant to paragraph (1) or (2) fails or is unable to resume educational study, training, or service after the expiration of the leave of absence, the provision of section 305(c) shall apply. (f) IN-STATE TUITION- At least 50 percent of the applicants admitted to a State Police Corps program must qualify for and be obligated to pay no more than the in-State tuition rates at the institutions they attend. SEC. 307. LAW ENFORCEMENT TRAINING. (a) IN GENERAL- (1) The Director shall establish up to 3 training centers to provide training to participants in State Police Corps programs. (2) The Director shall obtain the services of such military and civilian instructors and administrative and other employees as may be necessary to operate the training centers. 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, at times determined by the Director. (c) 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. (d) 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. (e) STIPEND- The Director shall pay participants in training sessions a stipend of $180 a week during training. (f) FURTHER TRAINING- The 16 weeks of Federal 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 309 shall include assurances that following completion of Federal training each participant shall receive appropriate individual 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 Federal training, shall be counted toward fulfillment of the participant's 4-year service obligation. SEC. 308. SERVICE OBLIGATION. (a) SWEARING IN- Upon satisfactory completion of the Federal training program established in section 307 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 of 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 306, 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, upon satisfactory completion of that service, provide assistance pursuant to section 306. SEC. 309. APPROVAL OF STATE PROGRAMS. (a) SUBMISSION OF STATE PLANS- To participate in the Police Corps program under this subpart, a State shall submit to the Director a plan for implementing a State Police Corps program for such State, in a manner consistent with the requirements set forth in this subpart. (b) APPROVAL OF STATE PLANS- The Director shall approve a State Police Corps plan that complies with the program requirements set forth in this section. (c) CONTENTS OF STATE PLANS- Each State Police Corps plan shall-- (1) provide for the screening and selection of participants in accordance with the criteria set out in section 306; (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) 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 affective 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. 310. REPORTS TO PRESIDENT AND CONGRESS. Not later than April 1 of each year, the Director shall submit a report to the President and to 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, 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; (3) describe the structure and progress of the program; and (4) discuss the perceived strength and weakness of the program and any proposals for changes in the program. TITLE IV--NONMILITARY EDUCATIONAL ASSISTANCE PROGRAMS SEC. 401. DEFERMENT OF STUDENT LOANS DURING SERVICE. With respect to the deferral of loan repayments under parts B and E of title IV of the Higher Education Act of 1965, individuals who are serving in any of the voluntary programs established or amended under this Act shall be treated in the same manner as a volunteer under the Domestic Volunteer Service Act of 1973. TITLE V--ALL-VOLUNTEER FORCE EDUCATIONAL ASSISTANCE PROGRAM SEC. 501. MONTGOMERY GI BILL BENEFITS. (a) ACTIVE DUTY PROGRAM- Section 1415 of title 38, United States Code, is amended-- (1) in subsection (a)(1), by striking out `$300' and inserting in lieu thereof `$468'; and (2) in subsection (b)(1), by striking out `$250' and inserting in lieu thereof `$325'. (b) SELECTED RESERVE PROGRAM- Section 2131(b) of title 10, United States Code, is amended by striking out `$140', `$105', and `$70' and inserting in lieu thereof `$182', `$136', and `$91', respectively. TITLE VI--MISCELLANEOUS PROVISIONS SEC. 601. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated to the ACTION Agency, the Department of Education, the Peace Corps, the Department of Justice, the Department of Defense, and the Department of Veterans Affairs for fiscal years 1992 through 1997, such sums as may be necessary to carry out the provisions of this Act. SEC. 602. EFFECTIVE DATE. This Act shall take effect on the date of enactment.