Text: H.R.3172 — 102nd Congress (1991-1992)All Information (Except Text)

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HR 3172 IH
102d CONGRESS
1st Session
 H. R. 3172
To provide educational assistance to law enforcement personnel and to increase
the number of police officers.
IN THE HOUSE OF REPRESENTATIVES
August 1, 1991
Mr. DORNAN of California, (for himself, Mr. MCCURDY, Mr. GEPHARDT, Mr. MICHEL,
Mr. ACKERMAN, Mr. ASPIN, Mr. BACCHUS, Mrs. BENTLEY, Mr. BROWDER, Mr. BROWN,
Mr. CARDIN, Mr. CARR, Mr. COX of Illinois, Mr. DANNEMEYER, Mr. DE LUGO,
Mr. GUARINI, Mr. HOYER, Mr. HYDE, Mr. INHOFE, Mr. KENNEDY, Mr. LANCASTER,
Mr. LAUGHLIN, Mr. LEWIS of Georgia, Mr. LIVINGSTON, Mrs. LOWEY of New
York, Mr. MCEWEN, Mr. MCNULTY, Mr. MILLER of Ohio, Mr. OWENS of Utah,
Mrs. PATTERSON, Mr. PAYNE of Virginia, Ms. PELOSI, Mr. PENNY, Mr. PRICE,
Mr. RINALDO, Mr. SCHAEFER, Mr. SCHEUER, Mr. SKELTON, Mr. SMITH of New Jersey,
Mr. STALLINGS, Mr. SOLARZ, Mr. SOLOMON, Mr. TRAFICANT, and Mr. WELDON)
introduced the following bill; which was referred to the Committee on the
Judiciary
A BILL
To provide educational assistance to law enforcement personnel and to increase
the number of police officers.
  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 `Police Corps and Law Enforcement Training
  and Education Act'.
SEC. 2. PURPOSES.
  The purposes of this Act are to--
  (1) address violent crime by increasing the number of police with advanced
  education and training on community patrol;
  (2) provide educational assistance to law enforcement personnel and to
  students who possess a sincere interest in public service in the form of
  law enforcement; and
  (3) assist State and local law enforcement efforts to enhance the educational
  status of law enforcement personnel both through increasing the educational
  level of existing officers and by recruiting more highly educated officers.
SEC. 3. ESTABLISHMENT OF OFFICE OF THE POLICE CORPS AND LAW ENFORCEMENT
EDUCATION.
  (a) ESTABLISHMENT- There is established in the Department of Justice,
  under the general authority of the Attorney General, an Office of the
  Police Corps and Law Enforcement Education.
  (b) APPOINTMENT OF DIRECTOR- The Office of the Police Corps and Law
  Enforcement Education shall be headed by a Director (referred to in this
  Act as the `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 established under this Act
  and shall have authority to promulgate regulations to implement this Act.
SEC. 4. DESIGNATION OF LEAD AGENCY AND SUBMISSION OF STATE PLAN.
  (a) LEAD AGENCY- A State that desires to participate in the Police
  Corps program under this Act shall designate a lead agency that will be
  responsible for--
  (1) submitting to the Director a State plan described in subsection (b); and
  (2) administering the program in the State.
  (b) STATE PLANS- A State plan shall--
  (1) contain assurances that the lead agency shall work in cooperation
  with the local law enforcement liaisons, representatives of police labor
  organizations and police management organizations, and other appropriate
  State and local agencies to develop and implement interagency agreements
  designed to carry out the program;
  (2) contain assurances that the State shall advertise the assistance
  available under this Act;
  (3) contain assurances that the State shall screen and select law enforcement
  personnel for participation in the program; and
  (4) if the State desires to participate in the Police Corps program under
  this Act, meet the requirements of section 10.
SEC. 5. DEFINITIONS.
  For the purposes of this Act--
  (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 `educational expenses' means 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,
  including the cost of tuition, fees, books, supplies, transportation,
  room and board and miscellaneous expenses;
  (4) the term `participant' means a participant in the Police Corps program
  selected pursuant to section 7;
  (5) 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; and
  (6) the term `State Police Corps program' means a State police corps
  program approved under section 10.
SEC. 6. SCHOLARSHIP ASSISTANCE.
  (a) SCHOLARSHIP AUTHORIZED- (1) The Director is authorized to award
  scholarships to participants who agree to work in a State or local police
  force in accordance with agreements entered into pursuant to subsection (d).
  (2)(A) Except as provided in subparagraph (B) each scholarship payment
  made under this section for each academic year shall not exceed--
  (i) $10,000; or
  (ii) the cost of the educational expenses related to attending an institution
  of higher education.
  (B) In the case of a participant who is pursuing a course of educational
  study during substantially an entire calendar year, the amount of scholarship
  payments made during such year shall not exceed $13,333.
  (C) The total amount of scholarship assistance received by any one student
  under this section shall not exceed $40,000.
  (3) Recipients of scholarship assistance under this section shall continue to
  receive such scholarship payments only during such periods as the Director
  finds that the recipient is maintaining satisfactory progress as determined
  by the institution of higher education the recipient is attending.
  (4)(A) The Director shall make scholarship payments under this section
  directly to the institution of higher education that the student is
  attending.
  (B) Each institution of higher education receiving a payment on behalf of
  a participant pursuant to subparagraph (A) shall remit to such student any
  funds in excess of the costs of tuition, fees, and room and board payable
  to the institution.
  (b) REIMBURSEMENT AUTHORIZED- (1) The Director is authorized to make payments
  to a participant to reimburse such participant for the costs of educational
  expenses if such student agrees to work in a State or local police force
  in accordance with the agreement entered into pursuant to subsection (d).
  (2)(A) Each payment made pursuant to paragraph (1) for each academic year
  of study shall not exceed--
  (i) $10,000; or
  (ii) the cost of educational expenses related to attending an institution
  of higher education.
  (B) In the case of a participant who is pursuing a course of educational
  study during substantially an entire calendar year, the amount of scholarship
  payments made during such year shall not exceed $13,333.
  (C) The total amount of payments made pursuant to subparagraph (A) to any
  one student shall not exceed $40,000.
  (c) USE OF SCHOLARSHIP- Scholarships awarded under this subsection shall
  only be used to attend a 4-year institution of higher education.
  (d) AGREEMENT- (1) Each participant receiving a scholarship or a payment
  under this section shall enter into an agreement with the Director. Each
  such agreement shall contain assurances that the participant shall--
  (A) after successful completion of a baccalaureate program and training
  as prescribed in section 8, work for 4 years in a State or local police
  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;
  (B) complete satisfactorily--
  (i) an educational course of study and receipt of a baccalaureate degree
  (in the case of undergraduate study) or the reward of credit to the
  participant for having completed one or more graduate courses (in the case
  of graduate study);
  (ii) Police Corps training and certification by the Director that the
  participant has met such performance standards as may be established
  pursuant to section 8; and
  (C) repay all of the scholarship or payment received plus interest at the
  rate of 10 percent in the event that the conditions of subparagraphs (A)
  and (B) are not complied with.
  (2)(A) A recipient of a scholarship or payment under this section shall
  not be considered in violation of the agreement entered into pursuant to
  paragraph (1) if the recipient--
  (i) dies; or
  (ii) becomes permanently and totally disabled as established by the sworn
  affidavit of a qualified physician.
  (B) In the event that a scholarship recipient is unable to comply with the
  repayment provision set forth in subparagraph (B) of paragraph (1) because
  of a physical or emotional disability or for good cause as determined
  by the Director, the Director may substitute community service in a form
  prescribed by the Director for the required repayment.
  (C) The Director shall expeditiously seek repayment from participants who
  violate the agreement described in paragraph (1).
  (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 scholarship assistance authorized in this
section. Such dependent child shall not incur any repayment obligation in
exchange for the scholarship assistance provided in this section.
  (f) GROSS INCOME- For purposes of section 61 of the Internal Revenue
  Code of 1986, a participant's or dependent child's gross income shall not
  include any amount paid as scholarship assistance under this section or
  as a stipend under section 8.
  (g) APPLICATION- Each participant desiring a scholarship or payment under
  this section shall submit an application as prescribed by the Director
  in such manner and accompanied by such information as the Director may
  reasonably require.
  (h) DEFINITION- For the purposes of this section the term `institution of
  higher education' has the meaning given that term in the first sentence
  of section 1201(a) of the Higher Education Act of 1965 (20 U.S.C. 1141(a)).
SEC. 7. 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 10, 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 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 subparagraph (A) shall not be counted toward satisfaction of
  the participant's 4-year service obligation under section 9, and such a
  participant shall be subject to the same benefits and obligations under
  this Act as other participants, including those stated in subparagraphs
  (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 9, such as for purposes of
  determining such a participant's pay and other  benefits, rank, and tenure.
  (3) It is the intent of this Act that there shall be no more than 20,000
  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 20,000. 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 20,000, 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.
  (c) RECRUITMENT OF MINORITIES- Each State participating in the Police Corps
  program shall make special efforts to seek and recruit qualified applicants
  from among members of all racial and ethnic groups. 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, a 4-year 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 level of absence by the State.
  (f) 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.
SEC. 8. POLICE CORPS TRAINING.
  (a) IN GENERAL- (1) The Director shall establish programs of training
  for Police Corps participants. Such programs may be carried out at up to
  3 training centers established for this purpose and administered by the
  Director, or by contracting with existing State training facilities. The
  Director shall contract with a State training facility upon request of
  such facility if the Director determines that such facility offers a course
  of training substantially equivalent to the Police Corps training program
  described in this Act.
  (2) 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, one during the
  summer following completion of sophomore year and one during the summer
  following completion of junior year. If a participant enters the program
  after sophomore year, the participant shall complete 16 weeks of training
  at times determined by the Director.
  (c) FURTHER TRAINING- The 16 weeks of Police Corps 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 10 shall include assurances that following
  completion of a participant's course of education each participant shall
  receive appropriate additional 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 Police Corps training, shall
  be counted toward fulfillment of the participant's 4-year service obligation.
  (d) 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.
  (e) 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.
  (f) STIPEND- The Director shall pay participants in training sessions a
  stipend of $250 a week during training.
SEC. 9. SERVICE OBLIGATION.
  (a) SWEARING IN- Upon satisfactory completion of the participant's course
  of education and training program established in section 8 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 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 6, 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, if such service
  is satisfactorily completed, section 6(d)(1)(C) shall not apply.
SEC. 10. STATE PLAN REQUIREMENTS.
  A State Police Corps Plan shall--
  (1) provide for the screening and selection of participants in accordance
  with the criteria set out in section 7;
  (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) to 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 effective 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. 11. REPORTS TO CONGRESS.
  (a) ANNUAL REPORTS- Not later than April 1 of each fiscal year, the
  Director shall submit a report to the Attorney General, the President,
  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 authorized by this Act, 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 in the Police Corps
  program; and
  (3) describe the progress of the programs authorized by this Act and make
  recommendations for changes in the programs.
SEC. 12. AUTHORIZATION OF APPROPRIATIONS.
  There are authorized to be appropriated to carry out this Act $100,000,000
  for fiscal years 1992 and 1993, and $200,000,000 for each of fiscal years
  1994, 1995, and 1996.

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