*SEC. 1101. LAW ENFORCEMENT FAMILY SUPPORT. * * (a) IN GENERAL.-TITLE I OF THE OMNIBUS CRIME CONTROL AND SAFE STREETS * *ACT OF 1968 (42 U.S.C. 3711 ET SEQ.), AS AMENDED BY SECTION 309(B)(1), * *IS AMENDED- * * (1) BY REDESIGNATING PART S AS PART T; * * (2) BY REDESIGNATING SECTION 1901 AS 2001; AND * * (3) BY INSERTING AFTER PART R THE FOLLOWING NEW PART: * *"PART S-FAMILY SUPPORT * *"SEC. 1901. DUTIES OF DIRECTOR. * * "The Director shall- * * "(1) establish guidelines and oversee the implementation of * * family-friendly policies within law enforcement-related offices and * * divisions in the Department of Justice; * * "(2) study the effects of stress on law enforcement personnel and * * family well-being and disseminate the findings of such studies to * * Federal, State, and local law enforcement agencies, related * * organizations, and other interested parties; * * "(3) identify and evaluate model programs that provide support * * services to law enforcement personnel and families; * * "(4) provide technical assistance and training programs to develop* * stress reduction and family support to State and local law * * enforcement agencies; * * "(5) collect and disseminate information regarding family support,* * stress reduction, and psychological services to Federal, State, and * * local law enforcement agencies, law enforcement-related * * organizations, and other interested entities; and * * "(6) determine issues to be researched by the Bureau and by grant * * recipients. * *"SEC. 1902. GENERAL AUTHORIZATION. * * "The Director may make grants to States and local law enforcement * *agencies and to organizations representing State or local law * *enforcement personnel to provide family support services to law * *enforcement personnel. * *"SEC. 1903. USES OF FUNDS. * * "(a) IN GENERAL.-A STATE OR LOCAL LAW ENFORCEMENT AGENCY OR * *ORGANIZATION THAT RECEIVES A GRANT UNDER THIS ACT SHALL USE AMOUNTS * *PROVIDED UNDER THE GRANT TO ESTABLISH OR IMPROVE TRAINING AND SUPPORT * *PROGRAMS FOR LAW ENFORCEMENT PERSONNEL. * * "(B) REQUIRED ACTIVITIES.-A LAW ENFORCEMENT AGENCY OR ORGANIZATION * *THAT RECEIVES FUNDS UNDER THIS PART SHALL PROVIDE AT LEAST ONE OF THE * *FOLLOWING SERVICES: * * "(1) COUNSELING FOR LAW ENFORCEMENT FAMILY MEMBERS. * * "(2) CHILD CARE ON A 24-HOUR BASIS. * * "(3) MARITAL AND ADOLESCENT SUPPORT GROUPS. * * "(4) STRESS REDUCTION PROGRAMS. * * "(5) STRESS EDUCATION FOR LAW ENFORCEMENT RECRUITS AND FAMILIES. * * "(6) PROVIDE TECHNICAL ASSISTANCE AND TRAINING PROGRAMS TO SUPPORT* * ANY OR ALL OF THE SERVICES DESCRIBED IN PARAGRAPHS (1), (2), (3), * * (4), AND (5). * * "(C) OPTIONAL ACTIVITIES.-A LAW ENFORCEMENT AGENCY OR ORGANIZATION * *THAT RECEIVES FUNDS UNDER THIS PART MAY PROVIDE THE FOLLOWING SERVICES: * * "(1) POST-SHOOTING DEBRIEFING FOR OFFICERS AND THEIR SPOUSES. * * "(2) GROUP THERAPY. * * "(3) HYPERTENSION CLINICS. * * "(4) CRITICAL INCIDENT RESPONSE ON A 24-HOUR BASIS. * * "(5) LAW ENFORCEMENT FAMILY CRISIS TELEPHONE SERVICES ON A 24-HOUR* * BASIS. * * "(6) COUNSELING FOR LAW ENFORCEMENT PERSONNEL EXPOSED TO THE HUMAN* * IMMUNODEFICIENCY VIRUS. * * "(7) COUNSELING FOR PEERS. * * "(8) COUNSELING FOR FAMILIES OF PERSONNEL KILLED IN THE LINE OF * * DUTY. * * "(9) SEMINARS REGARDING ALCOHOL, DRUG USE, GAMBLING, AND * * OVEREATING. * * "(10) TECHNICAL ASSISTANCE AND TRAINING TO SUPPORT ANY OR ALL OF * * THE SERVICES DESCRIBED IN PARAGRAPHS (1), (2), (3), (4), (5), (6), * * (7), (8), AND (9). * *"SEC. 1904. APPLICATIONS. * * "A law enforcement agency or organization desiring to receive a grant * *under this part shall submit to the Director an application at such * *time, in such manner, and containing or accompanied by such information * *as the Director may reasonably require. Such application shall- * * "(1) certify that the law enforcement agency shall match all * * Federal funds with an equal amount of cash or in-kind goods or * * services from other non-Federal sources; * * "(2) include a statement from the highest ranking law enforcement * * official from the State or locality or from the highest ranking * * official from the organization applying for the grant that attests * * to the need and intended use of services to be provided with grant * * funds; and * * "(3) assure that the Director or the Comptroller General of the * * United States shall have access to all records related to the * * receipt and use of grant funds received under this part. * *"SEC. 1905. AWARD OF GRANTS; LIMITATION. * * "(a) GRANT DISTRIBUTION.-IN APPROVING GRANTS UNDER THIS PART, THE * *DIRECTOR SHALL ASSURE AN EQUITABLE DISTRIBUTION OF ASSISTANCE AMONG THE * *STATES, AMONG URBAN AND RURAL AREAS OF THE UNITED STATES, AND AMONG * *URBAN AND RURAL AREAS OF A STATE. * * "(B) DURATION.-THE DIRECTOR MAY AWARD A GRANT EACH FISCAL YEAR, NOT TO* *EXCEED $100,000 TO A STATE OR LOCAL LAW ENFORCEMENT AGENCY OR $250,000 * *TO A LAW ENFORCEMENT ORGANIZATION FOR A PERIOD NOT TO EXCEED 5 YEARS. IN* *ANY APPLICATION FROM A STATE OR LOCAL LAW ENFORCEMENT AGENCY OR * *ORGANIZATION FOR A GRANT TO CONTINUE A PROGRAM FOR THE SECOND, THIRD, * *FOURTH, OR FIFTH FISCAL YEAR FOLLOWING THE FIRST FISCAL YEAR IN WHICH A * *GRANT WAS AWARDED TO SUCH AGENCY, THE DIRECTOR SHALL REVIEW THE PROGRESS* *MADE TOWARD MEETING THE OBJECTIVES OF THE PROGRAM. THE DIRECTOR MAY * *REFUSE TO AWARD A GRANT IF THE DIRECTOR FINDS SUFFICIENT PROGRESS HAS * *NOT BEEN MADE TOWARD MEETING SUCH OBJECTIVES, BUT ONLY AFTER AFFORDING * *THE APPLICANT NOTICE AND AN OPPORTUNITY FOR RECONSIDERATION. * * "(C) LIMITATION.-NOT MORE THAN 10 PERCENT OF GRANT FUNDS RECEIVED BY A* *STATE OR A LOCAL LAW ENFORCEMENT AGENCY OR ORGANIZATION MAY BE USED FOR* *ADMINISTRATIVE PURPOSES. * *"SEC. 1906. DISCRETIONARY RESEARCH GRANTS. * * "The Director may reserve 10 percent of funds to award research grants* *to a State or local law enforcement agency or organization to study * *issues of importance in the law enforcement field as determined by the * *Director. * *"SEC. 1907. REPORTS. * * "(a) REPORT FROM GRANT RECIPIENTS.-A STATE OR LOCAL LAW ENFORCEMENT * *AGENCY OR ORGANIZATION THAT RECEIVES A GRANT UNDER THIS PART SHALL * *SUBMIT TO THE DIRECTOR AN ANNUAL REPORT THAT INCLUDES- * * "(1) PROGRAM DESCRIPTIONS; * * "(2) THE NUMBER OF STAFF EMPLOYED TO ADMINISTER PROGRAMS; * * "(3) THE NUMBER OF INDIVIDUALS WHO PARTICIPATED IN PROGRAMS; AND * * "(4) AN EVALUATION OF THE EFFECTIVENESS OF GRANT PROGRAMS. * * "(B) REPORT FROM DIRECTOR.-(1) THE DIRECTOR SHALL SUBMIT TO THE * *CONGRESS A REPORT NOT LATER THAN MARCH 31 OF EACH FISCAL YEAR. * * "(2) SUCH REPORT SHALL CONTAIN- * * "(A) A DESCRIPTION OF THE TYPES OF PROJECTS DEVELOPED OR IMPROVED * * THROUGH FUNDS RECEIVED UNDER THIS PART; * * "(B) A DESCRIPTION OF EXEMPLARY PROJECTS AND ACTIVITIES DEVELOPED;* * "(C) A DESIGNATION OF THE FAMILY RELATIONSHIP TO THE LAW * * ENFORCEMENT PERSONNEL OF INDIVIDUALS SERVED; AND * * "(D) THE NUMBER OF INDIVIDUALS SERVED IN EACH LOCATION AND * * THROUGHOUT THE COUNTRY. * *"SEC. 1908. DEFINITIONS. * * "For purposes of this part- * * "(1) the term 'family-friendly policy' means a policy to promote * * or improve the morale and well being of law enforcement personnel * * and their families; and * * "(2) the term 'law enforcement personnel' means individuals * * employed by Federal, State, and local law enforcement agencies.". * * (b) TECHNICAL AMENDMENT.-THE TABLE OF CONTENTS OF TITLE I OF THE * *OMNIBUS CRIME CONTROL AND SAFE STREETS ACT OF 1968 (42 U.S.C. 3711 ET * *SEQ.), AS AMENDED BY SECTION 309(B)(2), IS AMENDED BY STRIKING THE * *MATTER RELATING TO PART R AND INSERTING THE FOLLOWING: * *"PART S-FAMILY SUPPORT * *"Sec. 1901. Duties of director. * *"Sec. 1902. General authorization. * *"Sec. 1903. Uses of funds. * *"Sec. 1904. Applications. * *"Sec. 1905. Award of grants; limitation. * *"Sec. 1906. Discretionary research grants. * *"Sec. 1907. Reports. * *"Sec. 1908. Definitions. * *"PART V-TRANSITION; EFFECTIVE DATE; REPEALS * *"Sec. 2001. Continuation of rules, authorities, and privileges.". * * (c) AUTHORIZATION OF APPROPRIATIONS.-SECTION 1001(A) OF THE OMNIBUS * *CRIME CONTROL AND SAFE STREETS ACT OF 1968 (42 U.S.C. 3711 ET SEQ.), AS * *AMENDED BY SECTION 309(B)(3), IS AMENDED- * * (1) IN PARAGRAPH (3) BY STRIKING "AND R" AND INSERTING "R, AND S";* * AND * * (2) BY ADDING AT THE END THE FOLLOWING NEW PARAGRAPH: * * "(13) THERE ARE AUTHORIZED TO BE APPROPRIATED TO CARRY OUT PART U * *$5,000,000 FOR EACH OF FISCAL YEARS 1995, 1996, 1997, 1998, AND 1999. * *NOT MORE THAN 20 PERCENT OF SUCH FUNDS MAY BE USED TO ACCOMPLISH THE * *DUTIES OF THE DIRECTOR UNDER THAT PART, INCLUDING ADMINISTRATIVE COSTS, * *RESEARCH, AND TRAINING PROGRAMS.". * *Subtitle B-Police Pattern or Practice * *SEC. 1111. CAUSE OF ACTION. * * (a) UNLAWFUL CONDUCT.-IT SHALL BE UNLAWFUL FOR ANY GOVERNMENTAL * *AUTHORITY, OR ANY AGENT THEREOF, OR ANY PERSON ACTING ON BEHALF OF A * *GOVERNMENTAL AUTHORITY, TO ENGAGE IN A PATTERN OR PRACTICE OF CONDUCT BY* *LAW ENFORCEMENT OFFICERS OR BY OFFICIALS OR EMPLOYEES OF ANY * *GOVERNMENTAL AGENCY WITH RESPONSIBILITY FOR THE ADMINISTRATION OF * *JUVENILE JUSTICE OR THE INCARCERATION OF JUVENILES THAT DEPRIVES PERSONS* *OF RIGHTS, PRIVILEGES, OR IMMUNITIES SECURED OR PROTECTED BY THE * *CONSTITUTION OR LAWS OF THE UNITED STATES. * * (B) CIVIL ACTION BY ATTORNEY GENERAL.-WHENEVER THE ATTORNEY GENERAL * *HAS REASONABLE CAUSE TO BELIEVE THAT A VIOLATION OF PARAGRAPH (1) HAS * *OCCURRED, THE ATTORNEY GENERAL, FOR OR IN THE NAME OF THE UNITED STATES,* *MAY IN A CIVIL ACTION OBTAIN APPROPRIATE EQUITABLE AND DECLARATORY * *RELIEF TO ELIMINATE THE PATTERN OR PRACTICE. * *SEC. 1112. DATA ON USE OF EXCESSIVE FORCE. * * (a) ATTORNEY GENERAL TO COLLECT.-THE ATTORNEY GENERAL SHALL, THROUGH * *THE VICTIMIZATION SURVEYS CONDUCTED BY THE BUREAU OF JUSTICE STATISTICS,* *ACQUIRE DATA ABOUT THE USE OF EXCESSIVE FORCE BY LAW ENFORCEMENT * *OFFICERS. * * (B) LIMITATION ON USE OF DATA.-DATA ACQUIRED UNDER THIS SECTION SHALL * *BE USED ONLY FOR RESEARCH OR STATISTICAL PURPOSES AND MAY NOT CONTAIN * *ANY INFORMATION THAT MAY REVEAL THE IDENTITY OF THE VICTIM OR ANY LAW * *ENFORCEMENT OFFICER. * * (C) ANNUAL SUMMARY.-THE ATTORNEY GENERAL SHALL PUBLISH AN ANNUAL * *SUMMARY OF THE DATA ACQUIRED UNDER THIS SECTION. * *Subtitle C-Police Corps and Law Enforcement Officers Training and * *Education * *CHAPTER 1-POLICE CORPS * *SEC. 1121. SHORT TITLE. * * This chapter may be cited as the "Police Corps Act". * *SEC. 1122. PURPOSES. * * The purposes of this chapter are to- * * (1) address violent crime by increasing the number of police with * * advanced education and training on community patrol; and * * (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. * *SEC. 1123. DEFINITIONS. * * In this chapter- * * "academic year" means a traditional academic year beginning in * * August or September and ending in the following May or June. * * "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.* * "Director" means the Director of the Office of the Police Corps * * and Law Enforcement Education appointed under section 1124. * * "educational expenses" means expenses that are directly * * attributable to- * * (A) a course of education leading to the award of the * * baccalaureate degree in legal- or criminal justice-related * * studies; or * * (B) a course of graduate study legal or criminal justice * * studies following award of a baccalaureate degree, * * including the cost of tuition, fees, books, supplies, * * transportation, room and board and miscellaneous expenses. * * "institution of higher education" has the meaning stated in the * * first sentence of section 1201(a) of the Higher Education Act of * * 1965 (20 U.S.C. 1141(a)). * * "participant" means a participant in the Police Corps program * * selected pursuant to section 306. * * "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. * * "State Police Corps program" means a State police corps program * * that meets the requirements of section 1130. * *SEC. 1124. 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 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 BY THIS * *CHAPTER AND SHALL HAVE AUTHORITY TO PROMULGATE REGULATIONS TO IMPLEMENT * *THIS CHAPTER. * *SEC. 1125. 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 CHAPTER 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 CHAPTER; * * (3) CONTAIN ASSURANCES THAT THE STATE SHALL SCREEN AND SELECT LAW * * ENFORCEMENT PERSONNEL FOR PARTICIPATION IN THE PROGRAM; AND * * (4) MEET THE REQUIREMENTS OF SECTION 1130. * *SEC. 1126. SCHOLARSHIP ASSISTANCE. * * (a) SCHOLARSHIPS AUTHORIZED.-(1) THE DIRECTOR MAY 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) $7,500; 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 * *$10,000. * * (C) THE TOTAL AMOUNT OF SCHOLARSHIP ASSISTANCE RECEIVED BY ANY ONE * *STUDENT UNDER THIS SECTION SHALL NOT EXCEED $30,000. * * (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 MAY MAKE PAYMENTS TO A * *PARTICIPANT TO REIMBURSE SUCH PARTICIPANT FOR THE COSTS OF EDUCATIONAL * *EXPENSES IF THE 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) $7,500; 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 * *$10,000. * * (C) THE TOTAL AMOUNT OF PAYMENTS MADE PURSUANT TO SUBPARAGRAPH (A) TO * *ANY 1 STUDENT SHALL NOT EXCEED $30,000. * * (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) IF A PARTICIPANT HAS ENROLLED IN THE PROGRAM 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)(A) EACH PARTICIPANT RECEIVING A SCHOLARSHIP OR A * *PAYMENT UNDER THIS SECTION SHALL ENTER INTO AN AGREEMENT WITH THE * *DIRECTOR. * * (B) AN AGREEMENT UNDER SUBPARAGRAPH (A) SHALL CONTAIN ASSURANCES THAT * *THE PARTICIPANT SHALL- * * (I) 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; * * (II) 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); AND * * (II) POLICE CORPS TRAINING AND CERTIFICATION BY THE DIRECTOR * * THAT THE PARTICIPANT HAS MET SUCH PERFORMANCE STANDARDS AS MAY * * BE ESTABLISHED PURSUANT TO SECTION 1128; AND * * (III) REPAY ALL OF THE SCHOLARSHIP OR PAYMENT RECEIVED PLUS * * INTEREST AT THE RATE OF 10 PERCENT IF THE CONDITIONS OF CLAUSES (I) * * AND (II) ARE NOT COMPLIED WITH. * * (2)(A) A RECIPIENT OF A SCHOLARSHIP OR PAYMENT UNDER THIS SECTION * *SHALL NOT BE CONSIDERED TO BE 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) IF A SCHOLARSHIP RECIPIENT IS UNABLE TO COMPLY WITH THE REPAYMENT * *PROVISION SET FORTH IN PARAGRAPH (1)(B)(II) 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 A PARTICIPANT* *WHO VIOLATES AN 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 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) 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. * *SEC. 1127. 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 SHALL- * * (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 1130(C)(5), INCLUDING ACHIEVEMENT OF * * SATISFACTORY SCORES ON ANY APPLICABLE EXAMINATION, EXCEPT THAT * * FAILURE TO MEET THE AGE REQUIREMENT FOR A TRAINEE OF THE STATE 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 1129, AND SUCH* *A PARTICIPANT SHALL BE SUBJECT TO THE SAME BENEFITS AND OBLIGATIONS * *UNDER THIS CHAPTER AS OTHER PARTICIPANTS, INCLUDING THOSE STATED IN * *SECTION (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 CHAPTER 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 APPLICANTS * *FROM AMONG MEMBERS OF ALL RACIAL, ETHNIC OR GENDER 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- * * (A) AS A FULL-TIME STUDENT IN AN UNDERGRADUATE PROGRAM; OR * * (B) FOR PURPOSES OF TAKING A GRADUATE COURSE. * * (2) IF THE APPLICANT IS NOT MATRICULATED OR ACCEPTED AS SET FORTH IN * *PARAGRAPH (1), THE APPLICANT'S ACCEPTANCE IN THE PROGRAM SHALL BE * *REVOKED. * * (E) LEAVE OF ABSENCE.-(1) A PARTICIPANT IN A STATE POLICE CORPS * *PROGRAM WHO REQUESTS A LEAVE OF ABSENCE FROM EDUCATIONAL STUDY, TRAINING* *OR SERVICE FOR A PERIOD NOT TO EXCEED 1 YEAR (OR 18 MONTHS IN THE * *AGGREGATE IN THE EVENT OF MULTIPLE REQUESTS) DUE TO TEMPORARY PHYSICAL * *OR EMOTIONAL DISABILITY SHALL BE GRANTED SUCH LEAVE OF ABSENCE BY THE * *STATE. * * (2) A PARTICIPANT WHO REQUESTS A LEAVE OF ABSENCE FROM EDUCATIONAL * *STUDY, TRAINING OR SERVICE FOR A PERIOD NOT TO EXCEED 1 YEAR (OR 18 * *MONTHS IN THE AGGREGATE IN THE EVENT OF MULTIPLE REQUESTS) FOR ANY * *REASON OTHER THAN THOSE LISTED IN PARAGRAPH (1) MAY BE GRANTED SUCH * *LEAVE OF ABSENCE BY THE STATE. * * (3) A PARTICIPANT WHO REQUESTS A LEAVE OF ABSENCE FROM EDUCATIONAL * *STUDY OR TRAINING FOR A PERIOD NOT TO EXCEED 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 BEFORE COMMENCEMENT OF OR DURING THE * *APPLICANT'S COURSE OF EDUCATIONAL STUDY. * *SEC. 1128. 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 CHAPTER. * * (2) THE DIRECTOR MAY 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 MAY 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. 1129. SERVICE OBLIGATION. * * (a) SWEARING IN.-UPON SATISFACTORY COMPLETION OF THE PARTICIPANT'S * *COURSE OF EDUCATION AND TRAINING PROGRAM ESTABLISHED IN SECTION 1128 AND* *MEETING THE REQUIREMENTS OF THE POLICE FORCE TO WHICH THE PARTICIPANT IS* *ASSIGNED, A PARTICIPANT SHALL BE SWORN IN AS A MEMBER OF THE POLICE * *FORCE TO WHICH THE PARTICIPANT IS ASSIGNED PURSUANT TO THE STATE POLICE * *CORPS PLAN, AND SHALL SERVE FOR 4 YEARS AS A MEMBER OF THAT POLICE * *FORCE. * * (B) RIGHTS AND RESPONSIBILITIES.-A PARTICIPANT SHALL HAVE ALL OF THE * *RIGHTS AND RESPONSIBILITIES OF AND SHALL BE SUBJECT TO ALL RULES AND * *REGULATIONS APPLICABLE TO OTHER MEMBERS OF THE POLICE FORCE OF WHICH THE* *PARTICIPANT IS A MEMBER, INCLUDING THOSE CONTAINED IN APPLICABLE * *AGREEMENTS WITH LABOR ORGANIZATIONS AND THOSE PROVIDED BY STATE AND * *LOCAL LAW. * * (C) DISCIPLINE.-IF THE POLICE FORCE OF WHICH THE PARTICIPANT IS A * *MEMBER SUBJECTS THE PARTICIPANT TO DISCIPLINE SUCH AS WOULD PRECLUDE THE* *PARTICIPANT'S COMPLETING 4 YEARS OF SERVICE, AND RESULT IN DENIAL OF * *EDUCATIONAL ASSISTANCE UNDER SECTION 1126, 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 1126(D)(1)(B)(III) * *SHALL NOT APPLY. * * (D) LAYOFFS.-IF THE POLICE FORCE OF WHICH THE PARTICIPANT IS A MEMBER * *LAYS OFF THE PARTICIPANT SUCH AS WOULD PRECLUDE THE PARTICIPANT'S * *COMPLETING 4 YEARS OF SERVICE, AND RESULT IN DENIAL OF EDUCATIONAL * *ASSISTANCE UNDER SECTION 1126, THE DIRECTOR MAY PERMIT THE PARTICIPANT * *TO COMPLETE THE SERVICE OBLIGATION IN AN EQUIVALENT ALTERNATIVE LAW * *ENFORCEMENT SERVICE AND, IF SUCH SERVICE IS SATISFACTORILY COMPLETED, * *SECTION 1126(D)(1)(B)(III) SHALL NOT APPLY. * *SEC. 1130. 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 1127; * * (2) state procedures governing the assignment of participants in * * the Police Corps program to State and local police forces (no more * * than 10 percent of all the participants assigned in each year by * * each State to be assigned to a statewide police force or forces); * * (3) provide that participants shall be assigned to those * * geographic areas in which- * * (A) there is the greatest need for additional law enforcement * * personnel; and * * (B) the participants will be used most effectively; * * (4) provide that to the extent consistent with paragraph (3), a * * participant shall be assigned to an area near the participant's home* * or such other place as the participant may request; * * (5) provide that to the extent feasible, a participant's * * assignment shall be made at the time the participant is accepted * * into the program, subject to change- * * (A) prior to commencement of a participant's fourth year of * * undergraduate study, under such circumstances as the plan may * * specify; and * * (B) from commencement of a participant's fourth year of * * undergraduate study until completion of 4 years of police * * service by participant, only for compelling reasons or to meet * * the needs of the State Police Corps program and only with the * * consent of the participant; * * (6) provide that no participant shall be assigned to serve with a * * local police force- * * (A) whose size has declined by more than 5 percent since June * * 21, 1989; or * * (B) which has members who have been laid off but not retired; * * (7) provide that participants shall be placed and to the extent * * feasible kept on community and preventive patrol; * * (8) ensure 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. *