II

103D CONGRESS

1ST SESSION S. 1448

To establish a Police Corps Program and a Law Enforcement Scholarship

and Employment Program.

IN THE SENATE OF THE UNITED STATES

SEPTEMBER 10 (legislative day, SEPTEMBER 7), 1993

Mr. SASSER (for himself, Mr. SPECTER, Mr. MITCHELL, Mr. KENNEDY, Mr.

BOREN, Mr. DODD, Mr. KERREY, Mr. BRADLEY, Mr. BUMPERS, Mr.

HEFLIN, Mr. LIEBERMAN, Mr. GRAHAM, Mr. REID, Mrs. FEINSTEIN, Mr.

MATHEWS, Mr. ROBB, Mr. LEVIN, Mr. INOUYE, Mr. BRYAN, Mr. SIMON,

Mr. WELLSTONE, and Mr. RIEGLE) introduced the following bill; which

was read twice and referred to the Committee on the Judiciary

A BILL

To establish a Police Corps Program and a Law Enforcement

Scholarship and Employment Program.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘Police Corps and Law

5 Enforcement Scholarship and Employment Act’’.

6 SEC. 2. PURPOSES.

7 The purposes of this Act are to—
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1 (1) address violent crime by increasing the

2 number of police with advanced education and train3 ing on community patrol;

4 (2) provide educational assistance to law en5 forcement personnel and to students who possess a

6 sincere interest in public service in the form of law

7 enforcement; and

8 (3) assist State and local law enforcement ef9 forts to enhance the educational status of law en10 forcement personnel both through increasing the

11 educational level of existing officers and by recruit12 ing more highly educated officers.

13 SEC. 3. DESIGNATION OF LEAD AGENCY AND SUBMISSION

14 OF STATE PLAN.

15 (a) LEAD AGENCY.—A State that desires to partici16 pate in the Police Corps program under title I or the Law

17 Enforcement Scholarship and Employment program under

18 title II shall designate a lead agency that will be respon19 sible for—

20 (1) submitting to the Director a State plan de21 scribed in subsection (b); and

22 (2) administering the program in the State.

23 (b) STATE PLANS.—A State plan shall—

24 (1) contain assurances that the lead agency

25 shall work in cooperation with the local law enforce-
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1 ment liaisons, representatives of police labor organi2 zations and police management organizations, and

3 other appropriate State and local agencies to develop

4 and implement interagency agreements designed to

5 carry out the program;

6 (2) contain assurances that the State shall ad7 vertise the assistance available under this Act;

8 (3) contain assurances that the State shall

9 screen and select law enforcement personnel for par10 ticipation in the program;

11 (4) if the State desires to participate in the Po12 lice Corps program under title I, meet the require13 ments of section 107; and

14 (5) if the State desires to participate in the

15 Law Enforcement Scholarship and Employment pro16 gram under title II, meet the requirements of section

17 206.

18 TITLE I—POLICE CORPS

19 PROGRAM

20 SEC. 101. DEFINITIONS.

21 In this title—

22 ‘‘academic year’’ means a traditional academic

23 year beginning in August or September and ending

24 in the following May or June.
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1 ‘‘Director’’ means the Director of the Office of

2 the Police Corps appointed under section 102.

3 ‘‘dependent child’’ means a natural or adopted

4 child or stepchild of a law enforcement officer who

5 at the time of the officer’s death—

6 (A) was no more than 21 years old; or

7 (B) if older than 21 years, was in fact de8 pendent on the child’s parents for at least one9 half of the child’s support (excluding edu10 cational expenses), as determined by the Direc11 tor.

12 ‘‘educational expenses’’ means expenses that

13 are directly attributable to—

14 (A) a course of education leading to the

15 award of the baccalaureate degree in legal- or

16 criminal justice-related studies; or

17 (B) a course of graduate study in legal- or

18 criminal justice-related studies following award

19 of a baccalaureate degree,

20 including the cost of tuition, fees, books, supplies,

21 transportation, room and board and miscellaneous

22 expenses.

23 ‘‘institution of higher education’’ has the mean24 ing stated in the first sentence of section 1201(a) of
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1 the Higher Education Act of 1965 (20 U.S.C.

2 1141(a)).

3 ‘‘participant’’ means a participant in the Police

4 Corps program selected pursuant to section 103.

5 ‘‘State’’ means a State of the United States,

6 the District of Columbia, the Commonwealth of

7 Puerto Rico, the Virgin Islands, American Samoa,

8 Guam, and the Commonwealth of the Northern Mar9 iana Islands.

10 ‘‘State Police Corps program’’ means a State

11 police corps program that meets the requirements of

12 section 107.

13 SEC. 102. ESTABLISHMENT OF OFFICE OF THE POLICE

14 CORPS.

15 (a) ESTABLISHMENT.—There is established in the

16 Department of Justice, under the general authority of the

17 Attorney General, an Office of the Police Corps.

18 (b) APPOINTMENT OF DIRECTOR.—The Office of the

19 Police Corps shall be headed by a Director, who shall be

20 appointed by the President by and with the advice and

21 consent of the Senate.

22 (c) RESPONSIBILITIES OF DIRECTOR.—The Director

23 shall be responsible for the administration of the Police

24 Corps program established in this title and shall have au25 thority to promulgate regulations to implement this title.
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1 SEC. 103. SCHOLARSHIP ASSISTANCE.

2 (a) SCHOLARSHIPS AUTHORIZED.—

3 (1) IN GENERAL.—The Director may award

4 scholarships to participants who agree to work in a

5 State or local police force in accordance with agree6 ments entered into pursuant to subsection (d).

7 (2) AMOUNT.—(A) Except as provided in sub8 paragraph (B), each scholarship payment made

9 under this section for each academic year shall not

10 exceed—

11 (i) $10,000; or

12 (ii) the cost of the educational expenses re13 lated to attending an institution of higher edu14 cation.

15 (B) In the case of a participant who is pursuing

16 a course of educational study during substantially an

17 entire calendar year, the amount of scholarship pay18 ments made during such year shall not exceed

19 $10,000.

20 (C) The total amount of scholarship assistance

21 received by any one student under this section shall

22 not exceed $30,000.

23 (3) SATISFACTORY PROGRESS.—Recipients of

24 scholarship assistance under this section shall con25 tinue to receive such scholarship payments only dur26 ing such periods as the Director finds that the recip-
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1 ient is maintaining satisfactory progress as deter2 mined by the institution of higher education the re3 cipient is attending.

4 (4) DIRECT PAYMENT.—(A) The Director shall

5 make scholarship payments under this section di6 rectly to the institution of higher education that the

7 student is attending.

8 (B) Each institution of higher education receiv9 ing a payment on behalf of a participant pursuant

10 to subparagraph (A) shall remit to such student any

11 funds in excess of the costs of tuition, fees, and

12 room and board payable to the institution.

13 (b) REIMBURSEMENT.—

14 (1) IN GENERAL.—The Director may make pay15 ments to a participant to reimburse the participant

16 for the costs of educational expenses if the partici17 pant agrees to work in a State or local police force

18 in accordance with the agreement entered into pur19 suant to subsection (d).

20 (2) AMOUNT.—(A) A payment made pursuant

21 to paragraph (1) for an academic year of study shall

22 not exceed—

23 (i) $7,500; or

24 (ii) the cost of educational expenses related

25 to attending an institution of higher education.
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1 (B) In the case of a participant who is pursuing

2 a course of educational study during substantially an

3 entire calendar year, the amount of scholarship pay4 ments made during the year shall not exceed

5 $10,000.

6 (C) The total amount of payments made pursu7 ant to subparagraph (A) to any 1 student shall not

8 exceed $30,000.

9 (c) USE OF SCHOLARSHIP.—Scholarships awarded

10 under this subsection shall only be used to attend a 4-

11 year institution of higher education, except that—

12 (1) scholarships may be used for graduate and

13 professional study; and

14 (2) if a participant has enrolled in the program

15 upon or after transfer to a 4-year institution of

16 higher education, the Director may reimburse the

17 participant for the participant’s prior educational ex18 penses.

19 (d) AGREEMENT.—

20 (1) IN GENERAL.—Each participant receiving a

21 scholarship or a payment under this section shall

22 enter into an agreement with the Director that con23 tains assurances that the participant will—

24 (A) after successful completion of a bacca25 laureate program and training as prescribed in
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1 section 105, work for 4 years in a State or local

2 police force without there having arisen suffi3 cient cause for the participant’s dismissal under

4 the rules applicable to members of the police

5 force of which the participant is a member;

6 (B) complete satisfactorily—

7 (i) an educational course of study and

8 receipt of a baccalaureate degree (in the

9 case of undergraduate study) or the re10 ward of credit to the participant for having

11 completed 1 or more graduate courses (in

12 the case of graduate study); and

13 (ii) Police Corps training and certifi14 cation by the Director that the participant

15 has met such performance standards as

16 may be established pursuant to section

17 105; and

18 (C) repay all of the scholarship or payment

19 received plus interest at the rate of 10 percent

20 per annum if the conditions of subparagraphs

21 (A) and (B) are not complied with.

22 (2) DEATH OR DISABILITY.—(A) A recipient of

23 a scholarship or payment under this section shall not

24 be considered to be in violation of the agreement en-
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1 tered into pursuant to paragraph (1) if the recipi2 ent—

3 (i) dies; or

4 (ii) becomes permanently and totally dis5 abled as established by the sworn affidavit of a

6 qualified physician.

7 (B) If a scholarship recipient is unable to com8 ply with the repayment provision set forth in para9 graph (1)(C) because of a physical or emotional dis10 ability or for good cause as determined by the Direc11 tor, the Director may substitute community service

12 in a form prescribed by the Director for the required

13 repayment.

14 (C) The Director shall expeditiously seek repay15 ment from participants who violate the agreement

16 described in paragraph (1).

17 (e) DEPENDENT CHILD.—

18 (1) SCHOLARSHIP ASSISTANCE.—A dependent

19 child of a law enforcement officer—

20 (A) who is a member of a State or local

21 police force or is a Federal criminal investigator

22 or uniformed police officer,

23 (B) who is not a participant in the Police

24 Corps program, but
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1 (C) who serves in a State for which the Di2 rector has approved a Police Corps plan, and

3 (D) who is killed in the course of perform4 ing police duties,

5 shall be entitled to the scholarship assistance author6 ized in this section for any course of study in any

7 institution of higher education.

8 (2) NO REPAYMENT.— A dependent child shall

9 not incur any repayment obligation in exchange for

10 the scholarship assistance provided under this sub11 section.

12 (f) APPLICATION.—Each participant desiring a schol13 arship or payment under this section shall submit an ap14 plication as prescribed by the Director in such manner and

15 accompanied by such information as the Director may rea16 sonably require.

17 SEC. 104. SELECTION OF PARTICIPANTS.

18 (a) IN GENERAL.—Participants in State Police Corps

19 programs shall be selected on a competitive basis by each

20 State under regulations prescribed by the Director.

21 (b) SELECTION CRITERIA AND QUALIFICATIONS.—

22 (1) IN GENERAL.—In order to participate in a

23 State Police Corps program, a participant shall—
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1 (A) be a citizen of the United States or an

2 alien lawfully admitted for permanent residence

3 in the United States;

4 (B) meet the requirements for admission

5 as a trainee of the State or local police force to

6 which the participant will be assigned pursuant

7 to section 107(5), including achievement of sat8 isfactory scores on any applicable examination,

9 except that failure to meet the age requirement

10 for a trainee of the State or local police shall

11 not disqualify the applicant if the applicant will

12 be of sufficient age upon completing an under13 graduate course of study;

14 (C) possess the necessary mental and phys15 ical capabilities and emotional characteristics to

16 discharge effectively the duties of a law enforce17 ment officer;

18 (D) be of good character and demonstrate

19 sincere motivation and dedication to law en20 forcement and public service;

21 (E) in the case of an undergraduate, agree

22 in writing that the participant will complete an

23 educational course of study leading to the

24 award of a baccalaureate degree and will then

25 accept an appointment and complete 4 years of
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1 service as an officer in the State police or in a

2 local police department within the State;

3 (F) in the case of a participant desiring to

4 undertake or continue graduate study, agree in

5 writing that the participant will accept an ap6 pointment and complete 4 years of service as an

7 officer in the State police or in a local police de8 partment within the State before undertaking

9 or continuing graduate study;

10 (G) contract with the consent of the par11 ticipant’s parent or guardian if the participant

12 is a minor to serve for 4 years as an officer in

13 the State police or in a local police department,

14 if an appointment is offered; and

15 (H) except as provided in paragraph (2),

16 be without previous law enforcement experience.

17 (2) TEMPORARY AVAILABILITY FOR EXPERI18 ENCED APPLICANTS.—(A) Until the date that is 5

19 years after the date of enactment of this Act, up to

20 10 percent of the applicants accepted into the Police

21 Corps program may be persons who—

22 (i) have had some law enforcement experi23 ence; and

24 (ii) have demonstrated special leadership

25 potential and dedication to law enforcement.
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1 (B)(i) The prior period of law enforcement of a

2 participant selected pursuant to subparagraph (A)

3 shall not be counted toward satisfaction of the par4 ticipant’s 4-year service obligation under section

5 106, and such a participant shall be subject to the

6 same benefits and obligations under this title as

7 other participants (including those stated in sub8 section (b)(1) (E) and (F)).

9 (ii) Clause (i) shall not be construed to preclude

10 counting a participant’s previous period of law en11 forcement experience for purposes other than satis12 faction of the requirements of section 106, such as

13 for purposes of determining such a participant’s pay

14 and other benefits, rank, and tenure.

15 (3) NUMBER OF PARTICIPANTS.—(A) It is the

16 intent of Congress in this title that there shall be no

17 more than 20,000 participants in each graduating

18 class.

19 (B) The Director shall approve State plans pro20 viding in the aggregate for such enrollment of appli21 cants as shall ensure, as nearly as possible, that

22 there are annual graduating classes of 20,000.

23 (C) In a year in which applications are received

24 in a number greater than that which will produce,

25 in the judgment of the Director, a graduating class
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1 of more than 20,000, the Director shall, in deciding

2 which applications to grant, give preference to those

3 who will be participating in State plans that provide

4 law enforcement personnel to areas of greatest need.

5 (c) RECRUITMENT OF MINORITIES.—

6 (1) SPECIAL EFFORTS.—Each State participat7 ing in the Police Corps program shall make special

8 efforts to seek and recruit applicants from among

9 members of all racial, ethnic or gender groups.

10 (2) COMPETITIVE STANDARDS.—This sub11 section does not authorize an exception from the

12 competitive standards for admission established pur13 suant to subsections (a) and (b).

14 (d) ENROLLMENT OF APPLICANT.—

15 (1) CONDITION.—An applicant shall be accept16 ed into a State Police Corps program on the condi17 tion that the applicant has been graduated from or

18 will be matriculated in, or accepted for admission at,

19 an institution of higher education—

20 (A) as a full-time student in an under21 graduate program; or

22 (B) for purposes of taking a graduate

23 course.

24 (2) REVOCATION OF ACCEPTANCE.—If the ap25 plicant is not matriculated or accepted as set forth
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1 in paragraph (1), the applicant’s acceptance in the

2 program shall be revoked.

3 (e) LEAVE OF ABSENCE.—

4 (1) FROM STUDY, TRAINING, OR SERVICE.—(A)

5 A participant in a State Police Corps program who

6 requests a leave of absence from educational study,

7 training, or service for a period not to exceed 1 year

8 (or 18 months in the aggregate in the event of mul9 tiple requests) due to temporary physical or emo10 tional disability shall be granted such leave of ab11 sence by the State.

12 (B) A participant who requests a leave of ab13 sence from educational study, training or service for

14 a period not to exceed 1 year (or 18 months in the

15 aggregate in the event of multiple requests) for any

16 reason other than those listed in paragraph (1) may

17 be granted such leave of absence by the State.

18 (2) FROM STUDY OR TRAINING.—A participant

19 who requests a leave of absence from educational

20 study or training for a period not to exceed 30

21 months to serve on an official church mission may

22 be granted such leave of absence.

23 (f) ADMISSION OF APPLICANTS.—An applicant may

24 be admitted into a State Police Corps program either be-
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1 fore commencement of or during the applicant’s course of

2 educational study.

3 SEC. 105. POLICE CORPS TRAINING.

4 (a) ESTABLISHMENT OF PROGRAM.—

5 (1) IN GENERAL.—(A) The Director shall es6 tablish programs of training for Police Corps partici7 pants.

8 (B) Such programs may be carried out at up to

9 3 training centers established and administered by

10 the Director or at State training facilities under con11 tract.

12 (C) The Director shall contract with a State

13 training facility upon request of such facility if the

14 Director determines that such facility offers a course

15 of training substantially equivalent to the Police

16 Corps training program described in this title.

17 (2) CONTRACTS FOR SERVICES.—The Director

18 may enter into contracts with individuals, institu19 tions of learning, and government agencies (includ20 ing State and local police forces) to obtain the serv21 ices of persons qualified to participate in and con22 tribute to the training process.

23 (3) AGREEMENTS WITH FEDERAL AGENCIES.—

24 The Director may enter into agreements with agen25 cies of the Federal Government to utilize on a reim-
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1 bursable basis space in Federal buildings and other

2 resources.

3 (4) EXPENDITURES.—The Director may au4 thorize such expenditures as are necessary for the

5 effective maintenance of the training centers, includ6 ing purchases of supplies, uniforms, and educational

7 materials and the provision of subsistence, quarters,

8 and medical care to participants.

9 (b) TRAINING SESSIONS.—

10 (1) IN GENERAL.—A participant in a State Po11 lice Corps program shall attend two 8-week training

12 sessions at a training center, one during the summer

13 following completion of sophomore year and one dur14 ing the summer following completion of junior year.

15 (2) PARTICIPANTS ENTERING AFTER SOPHO16 MORE YEAR.—If a participant enters the program

17 after sophomore year, the participant shall complete

18 16 weeks of training at times determined by the

19 Director.

20 (c) FURTHER TRAINING.—

21 (1) BASIC TRAINING.—The 16 weeks of Police

22 Corps training authorized in this section is intended

23 to serve as basic law enforcement training but not

24 to exclude further training of participants by the
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1 State and local authorities to which they will be

2 assigned.

3 (2) ADDITIONAL TRAINING.—(A) Each State

4 plan approved by the Director under section 106

5 shall include assurances that following completion of

6 a participant’s course of education each participant

7 shall receive appropriate additional training by the

8 State or local authority to which the participant is

9 assigned.

10 (B) The time spent by a participant in such ad11 ditional training, but not the time spent in Police

12 Corps training, shall be counted toward fulfillment

13 of the participant’s 4-year service obligation.

14 (d) COURSE OF TRAINING.—The training sessions at

15 training centers established under this section shall be de16 signed to provide basic law enforcement training, includ17 ing vigorous physical and mental training to teach partici18 pants self-discipline and organizational loyalty and to im19 part knowledge and understanding of legal processes and

20 law enforcement.

21 (e) EVALUATION OF PARTICIPANTS.—A participant

22 shall be evaluated during training for mental, physical,

23 and emotional fitness, and shall be required to meet per24 formance standards prescribed by the Director at the con-
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1 clusion of each training session in order to remain in the

2 Police Corps program.

3 (f) STIPEND.—The Director shall pay participants in

4 training sessions a stipend of $250 a week during training.

5 SEC. 106. SERVICE OBLIGATION.

6 (a) SWEARING IN.—Upon satisfactory completion of

7 the participant’s course of education and training program

8 under section 105 and meeting the requirements of the

9 police force to which the participant is assigned, a partici10 pant shall be sworn in as a member of the police force

11 to which the participant is assigned pursuant to the State

12 Police Corps plan, and shall serve for 4 years as a member

13 of that police force.

14 (b) RIGHTS AND RESPONSIBILITIES.—A participant

15 shall have all of the rights and responsibilities of and shall

16 be subject to all rules and regulations applicable to other

17 members of the police force of which the participant is

18 a member, including those contained in applicable agree19 ments with labor organizations and those provided by

20 State and local law.

21 (c) DISCIPLINE.—If the police force of which the par22 ticipant is a member subjects the participant to discipline

23 such as would preclude the participant’s completing 4

24 years of service and result in denial of educational assist25 ance under section 103—
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1 (1) the Director may, upon a showing of good

2 cause, permit the participant to complete the service

3 obligation in an equivalent alternative law enforce4 ment service; and

5 (2) if such service is satisfactorily completed,

6 section 103(d)(1)(C) shall not apply.

7 (d) LAYOFFS.—If the police force of which the partic8 ipant is a member lays off the participant such as would

9 preclude the participant’s completing 4 years of service,

10 and result in denial of educational assistance under sec11 tion 103—

12 (1) the Director may permit the participant to

13 complete the service obligation in an equivalent al14 ternative law enforcement service; and

15 (2) if such service is satisfactorily completed,

16 section 103(d)(1)(C) shall not apply.

17 SEC. 107. STATE PLAN REQUIREMENTS.

18 A State Police Corps plan shall—

19 (1) provide for the screening and selection of

20 participants in accordance with the criteria set out

21 in section 104;

22 (2) state procedures governing the assignment

23 of participants in the Police Corps program to State

24 and local police forces (no more than 10 percent of

25 all the participants assigned in each year by each
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1 State to be assigned to a statewide police force or

2 forces);

3 (3) provide that participants shall be assigned

4 to those geographic areas in which—

5 (A) there is the greatest need for addi6 tional law enforcement personnel; and

7 (B) the participants will be used most

8 effectively;

9 (4) provide that to the extent consistent with

10 paragraph (3), a participant shall be assigned to an

11 area near the participant’s home or such other place

12 as the participant may request;

13 (5) provide that to the extent feasible, a partici14 pant’s assignment shall be made at the time the par15 ticipant is accepted into the program, subject to

16 change—

17 (A) prior to commencement of a partici18 pant’s fourth year of undergraduate study,

19 under such circumstances as the plan may

20 specify; and

21 (B) from commencement of a participant’s

22 fourth year of undergraduate study until com23 pletion of 4 years of police service by partici24 pant, only for compelling reasons or to meet the
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1 needs of the State Police Corps program and

2 only with the consent of the participant;

3 (6) provide that no participant shall be assigned

4 to serve with a State or local police force—

5 (A) the average size of which has declined

6 by more than 5 percent since June 21, 1989;

7 or

8 (B) which has members who have been laid

9 off but not retired;

10 (7) provide that participants shall be placed and

11 to the extent feasible kept on community and pre12 ventive patrol;

13 (8) ensure that participants will receive effec14 tive training and leadership;

15 (9) provide that the State may decline to offer

16 a participant an appointment following completion of

17 Federal training, or may remove a participant from

18 the Police Corps program at any time, only for good

19 cause (including failure to make satisfactory

20 progress in a course of educational study) and after

21 following reasonable review procedures stated in the

22 plan; and

23 (10) provide that a participant shall, while serv24 ing as a member of a police force, be compensated

25 at the same rate of pay and benefits and enjoy the
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1 same rights under applicable agreements with labor

2 organizations and under State and local law as other

3 police officers of the same rank and tenure in the

4 police force of which the participant is a member.

5 SEC. 108. ASSISTANCE TO STATES AND LOCALITIES EM6 PLOYING POLICE CORPS OFFICERS.

7 Each jurisdiction directly employing Police Corps

8 participants during the 4-year term of service prescribed

9 by section 106 shall receive $10,000 on account of each

10 such participant at the completion of each such year of

11 service, but—

12 (1) no such payment shall be made on account

13 of service in any State or local police force—

14 (A) the average size of which, in the year

15 for which payment is to be made, not counting

16 Police Corps participants assigned under sec17 tion 107, has declined more than 2 percent

18 since January 1, 1993; or

19 (B) which has members who have been laid

20 off but not retired; and

21 (2) no such payment shall be made on account

22 of any Police Corps participant for years of service

23 after the completion of the term of service prescribed

24 in section 106.
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1 SEC. 109. REPORTS TO CONGRESS.

2 (a) IN GENERAL.—Not later than April 1 of each

3 year, the Director shall submit a report to the Attorney

4 General, the President, the Speaker of the House of Rep5 resentatives, and the President of the Senate.

6 (b) CONTENTS.—A report under subsection (a)

7 shall—

8 (1) state the number of current and past par9 ticipants in the Police Corps program, broken down

10 according to the levels of educational study in which

11 they are engaged and years of service they have

12 served on police forces (including service following

13 completion of the 4-year service obligation);

14 (2) describe the geographic, racial, and gender

15 dispersion of participants in the Police Corps pro16 gram; and

17 (3) describe the progress of the Police Corps

18 program and make recommendations for changes in

19 the program.

20 SEC. 110. AUTHORIZATION OF APPROPRIATIONS.

21 There are authorized to be appropriated to carry out

22 this title $150,000,000 for fiscal year 1994, $250,000,000

23 for fiscal year 1995, and such sums as are necessary for

24 fiscal years 1996, 1997, and 1998.
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1 TITLE II—LAW ENFORCEMENT

2 SCHOLARSHIP AND EMPLOY3 MENT PROGRAM

4 SEC. 201. DEFINITIONS.

5 In this title—

6 ‘‘Director’’ means the Director of the Bureau of

7 Justice Assistance in the Department of Justice.

8 ‘‘educational expenses’’ means—

9 (A) expenses that are directly attributable

10 to—

11 (i) a course of education leading to

12 the award of an associate degree;

13 (ii) a course of education leading to

14 the award of a baccalaureate degree; or

15 (iii) a course of graduate study follow16 ing award of a baccalaureate degree; and

17 (B) includes the cost of tuition, fees,

18 books, supplies, and related expenses.

19 ‘‘institution of higher education’’ has the mean20 ing stated in the first sentence of section 1201(a) of

21 the Higher Education Act of 1965 (20 U.S.C.

22 1141(a)).

23 ‘‘law enforcement position’’ means employment

24 as an officer in a State or local police force, or cor25 rectional institution.
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1 ‘‘State’’ means a State of the United States,

2 the District of Columbia, the Commonwealth of

3 Puerto Rico, the Virgin Islands of the United States,

4 American Samoa, Guam, and the Commonwealth of

5 the Northern Mariana Islands.

6 SEC. 202. ALLOTMENT.

7 Of amounts appropriated under section 210, the Di8 rector shall allot—

9 (1) 80 percent to States on the basis of the

10 number of law enforcement officers in each State

11 compared to the number of law enforcement officers

12 in all of the States; and

13 (2) 20 percent to States on the basis of the

14 shortage of law enforcement personnel and the need

15 for assistance under this title in the State compared

16 to the shortage of law enforcement personnel and

17 the need for assistance under this title in all States.

18 SEC. 203. SCHOLARSHIP AND EMPLOYMENT PROGRAM.

19 (a) USE OF ALLOTMENT.—

20 (1) IN GENERAL.—A State that receives an al21 lotment under section 202 shall use the allotment to

22 pay the Federal share of the costs of—

23 (A) awarding scholarships to in-service law

24 enforcement personnel to enable such personnel

25 to seek further education; and
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1 (B) providing—

2 (i) full-time employment in summer;

3 or

4 (ii) part-time (not to exceed 20 hours

5 per week) employment for a period not to

6 exceed 1 year.

7 (2) EMPLOYMENT.—The employment described

8 in paragraph (1)(B)—

9 (A) shall be provided by State and local

10 law enforcement agencies for students who are

11 juniors or seniors in high school or are enrolled

12 in an institution of higher education and who

13 demonstrate an interest in undertaking a career

14 in law enforcement;

15 (B) shall not be in a law enforcement posi16 tion; and

17 (C) shall consist of performing meaningful

18 tasks that inform students of the nature of the

19 tasks performed by law enforcement agencies.

20 (b) PAYMENTS; FEDERAL SHARE; NON-FEDERAL

21 SHARE.—

22 (1) PAYMENTS.—The Secretary shall pay to

23 each State that receives an allotment under section

24 202 the Federal share of the cost of the activities
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1 described in the application submitted pursuant to

2 section 206.

3 (2) FEDERAL SHARE.—The Federal share shall

4 not exceed 60 percent.

5 (3) NON-FEDERAL SHARE.—The non-Federal

6 share of the cost of scholarships and student em7 ployment provided under this title shall be supplied

8 from sources other than the Federal Government.

9 (c) RESPONSIBILITIES OF DIRECTOR.—The Director

10 shall be responsible for the administration of the programs

11 conducted pursuant to this title and shall, in consultation

12 with the Assistant Secretary for Postsecondary Education,

13 issue regulations implementing this title.

14 (d) ADMINISTRATIVE EXPENSES.—A State that re15 ceives an allotment under section 202 may use not more

16 than 8 percent of the amount of the allotment for adminis17 trative expenses.

18 (e) SPECIAL RULE.—A State that receives an allot19 ment under section 202 shall ensure that each scholarship

20 recipient under this title is compensated at the same rate

21 of pay and benefits and enjoys the same rights under ap22 plicable agreements with labor organizations and under

23 State and local law as other law enforcement personnel

24 of the same rank and tenure in the office of which the

25 scholarship recipient is a member.
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1 (f) SUPPLEMENTATION OF FUNDING.—Funds re2 ceived under this title shall be used only to supplement,

3 and not to supplant, Federal, State, and local efforts for

4 recruitment and education of law enforcement personnel.

5 SEC. 204. SCHOLARSHIPS.

6 (a) PERIOD OF AWARD.—A scholarship awarded

7 under this title shall be for a period of 1 academic year.

8 (b) USE OF SCHOLARSHIPS.—A scholarship recipient

9 under this title may use the scholarship for educational

10 expenses at an institution of higher education.

11 SEC. 205. ELIGIBILITY.

12 (a) SCHOLARSHIPS.—A person shall be eligible to re13 ceive a scholarship under this title if the person has been

14 employed in law enforcement for the 2-year period imme15 diately preceding the date on which assistance is sought.

16 (b) INELIGIBILITY FOR STUDENT EMPLOYMENT.—A

17 person who has been employed as a law enforcement offi18 cer is ineligible to participate in a student employment

19 program carried out under this title.

20 SEC. 206. STATE APPLICATIONS FOR ALLOTMENT.

21 (a) IN GENERAL.—A State that desires an allotment

22 under section 204 shall submit an application to the Di23 rector at such time, in such manner, and accompanied by

24 such information as the Director may reasonably require.
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1 (b) CONTENTS.—An application under subsection (a)

2 shall—

3 (1) describe the scholarship program and the

4 student employment program for which assistance

5 under this title is sought;

6 (2) contain assurances that the lead agency will

7 work in cooperation with local law enforcement liai8 sons, representatives of police labor organizations

9 and police management organizations, and other ap10 propriate State and local agencies to develop and im11 plement interagency agreements designed to carry

12 out this title;

13 (3) contain assurances that the State will ad14 vertise the scholarship assistance and student em15 ployment it will provide under this title and that the

16 State will use such programs to enhance recruitment

17 efforts;

18 (4) contain assurances that the State will

19 screen and select law enforcement personnel for par20 ticipation in the scholarship program under this

21 title;

22 (5) contain assurances that under the student

23 employment program the State will screen and se24 lect, for participation in such program, students who
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1 have an interest in undertaking a career in law en2 forcement;

3 (6) contain assurances that under the scholar4 ship program the State will make scholarship pay5 ments to institutions of higher education on behalf

6 of scholarship recipients under this title;

7 (7) with respect to the student employment pro8 gram, identify—

9 (A) the employment tasks that students

10 will be assigned to perform;

11 (B) the compensation that students will be

12 paid to perform such tasks; and

13 (C) the training that students will receive

14 as part of their participation in the program;

15 (8) identify model curriculum and existing pro16 grams designed to meet the educational and profes17 sional needs of law enforcement personnel; and

18 (9) contain assurances that the State will pro19 mote cooperative agreements with educational and

20 law enforcement agencies to enhance law enforce21 ment personnel recruitment efforts in institutions of

22 higher education.
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1 SEC. 207. INDIVIDUAL APPLICATIONS FOR SCHOLARSHIP

2 OR EMPLOYMENT.

3 (a) IN GENERAL.—A person who desires a scholar4 ship or employment under this title shall submit an appli5 cation to the State at such time, in such manner, and ac6 companied by such information as the State may reason7 ably require.

8 (b) CONTENTS.—An application under subsection (a)

9 shall describe—

10 (1) the academic courses for which a scholar11 ship is sought; or

12 (2) the location and duration of employment

13 that is sought.

14 (c) PRIORITY.—In awarding scholarships and provid15 ing student employment under this title, a State shall give

16 priority to applications from persons who—

17 (1) are members of racial, ethnic, or gender

18 groups whose representation in the law enforcement

19 agencies within the State is substantially less than

20 in the population eligible for employment in law en21 forcement in the State;

22 (2) are pursuing an undergraduate degree; and

23 (3) are not receiving financial assistance under

24 the Higher Education Act of 1965 (20 U.S.C. 1001

25 et seq.).
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1 SEC. 208. SCHOLARSHIP AGREEMENT.

2 (a) IN GENERAL.—A scholarship recipient under this

3 title shall enter into an agreement with the Director.

4 (b) CONTENTS.—An agreement under subsection (a)

5 shall—

6 (1) provide assurances that the scholarship re7 cipient will work in a law enforcement position in

8 the State that awards the scholarship in accordance

9 with the service obligation described in subsection

10 (c) after completion of the recipient’s academic

11 courses leading to an associate, bachelor, or grad12 uate degree;

13 (2) provide assurances that the scholarship re14 cipient will repay the entire scholarship in accord15 ance with such terms and conditions as the Director

16 shall prescribe if the requirements of the agreement

17 are not complied with, unless the recipient—

18 (A) dies;

19 (B) becomes physically or emotionally dis20 abled, as established by the sworn affidavit of

21 a qualified physician; or

22 (C) has been discharged in bankruptcy;

23 and

24 (3) set forth the terms and conditions under

25 which a scholarship recipient may seek employment
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1 in the field of law enforcement in a State other than

2 the State that awards the scholarship.

3 (c) SERVICE OBLIGATION.—

4 (1) IN GENERAL.—Subject to paragraph (2), a

5 scholarship recipient under this title shall work in a

6 law enforcement position in the State that awards

7 the scholarship for a period of 1 month for each

8 credit hour for which funds are received under the

9 scholarship.

10 (2) MINIMUM AND MAXIMUM REQUIRED PERI11 ODS OF SERVICE.—For purposes of satisfying the re12 quirement of paragraph (1), a scholarship recipient

13 shall work in a law enforcement position in the State

14 that awards scholarship for a period of not less than

15 6 months but shall not be required to work in such

16 a position for more than 2 years.

17 SEC. 209. REPORTS TO CONGRESS.

18 (a) IN GENERAL.—Not later than April 1 of each

19 year, the Director shall submit a report to the Attorney

20 General, the President, the Speaker of the House of Rep21 resentatives, and the President pro tempore of the Senate.

22 (b) CONTENTS.—A report under subsection (a)

23 shall—

24 (1) state the number of present and past schol25 arship recipients under this title, categorized accord-
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1 ing to the levels of educational study in which the

2 recipients are engaged and the number of years that

3 the recipients have served in law enforcement;

4 (2) state, with respect to student employees

5 under this title—

6 (A) the number of present and past stu7 dent employees;

8 (B) the number of such employees who

9 complete a course of study at an accredited in10 stitution of higher education; and

11 (C) the number of such employees who

12 subsequently accept a law enforcement position;

13 (3) describe the geographic, racial, and gender

14 dispersion of scholarship recipients and employees;

15 and

16 (4) describe the progress of the scholarship pro17 gram and the student employment program and

18 make recommendations for changes in the programs.

19 SEC. 210. AUTHORIZATION OF APPROPRIATIONS.

20 (a) IN GENERAL.—There are authorized to be appro21 priated to carry out this title $30,000,000 for each of fis22 cal years 1994, 1995, 1996, 1997, and 1998.

23 (b) USES OF FUNDS.—Of the funds appropriated

24 under subsection (a) for a fiscal year—
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1 (1) 75 percent shall be available to provide

2 scholarships described in section 203(a)(1)(A); and

3 (2) 25 percent shall be available to provide em4 ployment described in section 203(a) (1)(B) and (2).

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