I
103D CONGRESS
1ST SESSION
H. R. 333
To provide educational assistance to law enforcement personnel and to
increase the number of police officers.
IN THE HOUSE OF REPRESENTATIVES
JANUARY 5, 1993
Mr. DORNAN 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 Representa-
tives 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 train-
ing on community patrol;
(2) provide educational assistance to law en-
forcement 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 ef-
forts to enhance the educational status of law en-
forcement personnel both through increasing the
educational level of existing officers and by recruit-
ing 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 ‘‘Di-
rector’’) 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 partici-
pate in the Police Corps program under this Act shall des-
ignate a lead agency that will be responsible for—
(1) submitting to the Director a State plan de-
scribed 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 enforce-
ment liaisons, representatives of police labor organi-
zations 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 ad-
vertise the assistance available under this Act;
(3) contain assurances that the State shall
screen and select law enforcement personnel for par-
ticipation in the program; and
(4) if the State desires to participate in the Po-
lice Corps program under this Act, meet the require-
ments of section 10.
SEC. 5. DEFINITIONS.
For the purposes of this Act—
(1) the term ‘‘academic year’’ means a tradi-
tional academic year beginning in August or Sep-
tember 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 de-
pendent on the child’s parents for at least one-
half of the child’s support (excluding edu-
cational expenses), as determined by the Direc-
tor;
(3) the term ‘‘educational expenses’’ means ex-
penses 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, transpor-
tation, room and board and miscellaneous ex-
penses;
(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 Com-
monwealth of Puerto Rico, the Virgin Islands, Amer-
ican 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 aca-
demic 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 re-
ceived by any one student under this section shall not ex-
ceed $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 deter-
mined 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 edu-
cation that the student is attending.
(B) Each institution of higher education receiving a
payment on behalf of a participant pursuant to subpara-
graph (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 Direc-
tor is authorized to make payments to a participant to
reimburse such participant for the costs of educational ex-
penses 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, except that—
(1) scholarships may be used for graduate and
professional study; and
(2) where a participant has enrolled in the pro-
gram upon or after transfer to a 4-year institution
of higher education, the Director may reimburse the
participant for the participant’s prior educational
expenses.
(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 bacca-
laureate program and training as prescribed in sec-
tion 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 partici-
pant is a member;
(B) complete satisfactorily—
(i) an educational course of study and re-
ceipt 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 estab-
lished pursuant to section 8; and
(C) repay all of the scholarship or payment re-
ceived 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 phy-
sician.
(B) In the event that a scholarship recipient is unable
to comply with the repayment provision set forth in sub-
paragraph (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 serv-
ice 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 uni-
formed 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 for any course of study in any accredited
institution of higher education. 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 de-
pendent 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 mean-
ing 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 pro-
gram, 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 dis-
charge effectively the duties of a law enforcement
officer;
(D) be of good character and demonstrate sin-
cere 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 edu-
cational course of study leading to the award of a
baccalaureate degree and will then accept an ap-
pointment and complete 4 years of service as an offi-
cer in the State police or in a local police depart-
ment within the State;
(F) in the case of a participant desiring to un-
dertake 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 partici-
pant’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 appoint-
ment 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 appli-
cants accepted into the Police Corps program may be per-
sons who—
(i) have had some law enforcement experience;
and
(ii) have demonstrated special leadership poten-
tial and dedication to law enforcement.
(B)(i) The prior period of law enforcement of a par-
ticipant 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 enforce-
ment experience for purposes other than satisfaction of the
requirements of section 9, such as for purposes of deter-
mining 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 par-
ticipating in the Police Corps program shall make special
efforts to seek and recruit qualified applicants from among
members of all racial, ethnic, or gender groups. This sub-
section does not authorize an exception from the competi-
tive standards for admission established pursuant to sub-
sections (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 ab-
sence from educational study, training or service for a pe-
riod not to exceed 1 year (or 18 months in the aggregate
in the event of multiple requests) due to temporary phys-
ical 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.
(3) A participant who requests a leave of absence
from educational study or training for a period not to ex-
ceed 30 months to serve on an official church mission may
be granted such leave of absence.
(f) ADMISSION OF APPLICANTS.—An applicant may
be admitted into a State Police Corps program either be-
fore 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 Di-
rector, or by contracting with existing State training facili-
ties. The Director shall contract with a State training fa-
cility upon request of such facility if the Director deter-
mines that such facility offers a course of training sub-
stantially 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 con-
tribute to the training process.
(3) The Director is authorized to enter into agree-
ments 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 fol-
lowing completion of sophomore year and one during the
summer following completion of junior year. If a partici-
pant enters the program after sophomore year, the partici-
pant shall complete 16 weeks of training at times deter-
mined 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 au-
thorities 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 appro-
priate 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 de-
signed to provide basic law enforcement training, includ-
ing vigorous physical and mental training to teach partici-
pants self-discipline and organizational loyalty and to im-
part 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 per-
formance standards prescribed by the Director at the con-
clusion 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 par-
ticipant 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 agree-
ments with labor organizations and those provided by
State and local law.
(c) DISCIPLINE.—If the police force of which the par-
ticipant 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 assist-
(3) provide that participants shall be assigned
to those geographic areas in which—
(A) there is the greatest need for addi-
tional law enforcement personnel; and
(B) the participants will be used most ef-
fectively;
(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 partici-
pant’s assignment shall be made at the time the par-
ticipant is accepted into the program, subject to
change—
(A) prior to commencement of a partici-
pant’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 com-
pletion of 4 years of police service by partici-
pant, 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 as-
signed 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 pre-
ventive 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 serv-
ing 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 par-
ticipants in the Police Corps program authorized by
this Act, broken down according to the levels of edu-
cational study in which they are engaged and years
of service they have served on police forces (includ-
ing service following completion of the 4-year service
obligation);
(2) describe the geographic dispersion of par-
ticipants in the Police Corps program; and
(3) describe the progress of the programs au-
thorized 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 1993 and 1994, and
$200,000,000 for each of fiscal years 1995, 1996, and
1997.