H.R.3172 - Police Corps and Law Enforcement Training and Education Act102nd Congress (1991-1992)
|Sponsor:||Rep. Dornan, Robert K. [R-CA-38] (Introduced 08/01/1991)|
|Committees:||House - Judiciary|
|Latest Action:||House - 04/23/1992 Referred to the Subcommittee on Crime and Criminal Justice. (All Actions)|
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Text: H.R.3172 — 102nd Congress (1991-1992)All Information (Except Text)
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Introduced in House
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.