USC Subchapter VII

USC Subchapter VII
in effect

34 U.S.C. § 12551 Purposes

The purposes of this part 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.

34 U.S.C. § 12552 Definitions

In this part— “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 12553 11 So in original. Section 12553 of this title does not provide for the appointment of a Director. of this title. “educational expenses” means expenses that are directly attributable to a course of education leading to the award of either a baccalaureate or graduate degree in a course of study which, in the judgment of the State or local police force to which the participant will be assigned, includes appropriate preparation for police service 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 1001 of title 20. “participant” means a participant in the Police Corps program selected pursuant to section 12555 22 So in original. Probably should be section “12556”. of this title. “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 12559 of this title.

34 U.S.C. § 12553 Establishment of Office of the Police Corps and Law Enforcement Education

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.

34 U.S.C. § 12554 Designation of lead agency and submission of State plan

(a) Lead agencyA State that desires to participate in the Police Corps program under this part 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 plansA 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 part; (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 12559 of this title.

34 U.S.C. § 12555 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) $10,000; or (ii) the cost of the educational expenses related to attending an institution of higher education. (B) In the case of a participant who is pursuing a course of educational study during substantially an entire calendar year, the amount of scholarship payments made during such year shall not exceed $13,333. (C) The total amount of scholarship assistance received by any one student under this section shall not exceed $40,000. (3) Recipients of scholarship assistance under this section shall continue to receive such scholarship payments only during such periods as the Director finds that the recipient is maintaining satisfactory progress as determined by the institution of higher education the recipient is attending. (4)(A) The Director shall make scholarship payments under this section directly to the institution of higher education that the student is attending. (B) Each institution of higher education receiving a payment on behalf of a participant pursuant to subparagraph (A) shall remit to such student any funds in excess of the costs of tuition, fees, and room and board payable to the institution. (b) Reimbursement authorized(1) The Director 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) $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 1 student shall not exceed $40,000. (c) Use of scholarshipScholarships awarded under this subsection 11 So in original. Probably should be “section”. 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 12557 of this title, 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 12557 of this title; 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) 22 So in original. Probably should be paragraph “(1)(B)(iii)”. 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 childA 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) ApplicationEach 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.

34 U.S.C. § 12556 Selection of participants

(a) In generalParticipants 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 12559(5) of this title, 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 September 13, 1994, 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 12558 of this title, and such a participant shall be subject to the same benefits and obligations under this part as other participants, including those stated in section 11 So in original. Probably should be “subsection”. (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 12558 of this title, such as for purposes of determining such a participant’s pay and other benefits, rank, and tenure. (3) It is the intent of this part 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 minoritiesEach 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 applicantsAn applicant may be admitted into a State Police Corps program either before commencement of or during the applicant’s course of educational study.

34 U.S.C. § 12557 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 part. (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 sessionsA participant in a State Police Corps program shall attend up to 24 weeks, but no less than 16 weeks, of training at a training center. The Director may approve training conducted in not more than 3 separate sessions. (c) Further trainingThe 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 12559 11 See References in Text note below. of this title 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 trainingThe 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 participantsA 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) StipendThe Director shall pay participants in training sessions a stipend of $400 a week during training.

34 U.S.C. § 12558 Service obligation

(a) Swearing inUpon satisfactory completion of the participant’s course of education and training program established in section 12557 of this title 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 responsibilitiesA 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) DisciplineIf 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 12555 of this title, 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 12555(d)(1)(B)(iii) of this title shall not apply. (d) LayoffsIf 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 12555 of this title, 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 12555(d)(1)(B)(iii) of this title shall not apply.

34 U.S.C. § 12559 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 12556 of this title; (2) state procedures governing the assignment of participants in the Police Corps program to State and local police forces (except with permission of the Director, no more than 25 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.

34 U.S.C. § 12571 Definitions

In this part— “Director” means the Director of the Office of the Police Corps and Law Enforcement Education appointed under section 12553 11 So in original. Section 12553 of this title does not provide for the appointment of a Director. of this title. “educational expenses” means expenses that are directly attributable to— (A) a course of education leading to the award of an associate degree; (B) a course of education leading to the award of a baccalaureate degree; or (C) a course of graduate study following award of a baccalaureate degree, including the cost of tuition, fees, books, supplies, and related expenses. “institution of higher education” has the meaning stated in the first sentence of section 1001 of title 20. “law enforcement position” means employment as an officer in a State or local police force, or correctional institution. “State” means a State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands of the United States, American Samoa, Guam, and the Commonwealth of the Northern Mariana Islands.

34 U.S.C. § 12572 Allotment

From amounts appropriated under section 14119 of title 42, the Director shall allot— (1) 80 percent of such amounts to States on the basis of the number of law enforcement officers in each State compared to the number of law enforcement officers in all States; and (2) 20 percent of such amounts to States on the basis of the shortage of law enforcement personnel and the need for assistance under this part in the State compared to the shortage of law enforcement personnel and the need for assistance under this part in all States.

34 U.S.C. § 12573 Establishment of program

(a) Use of allotment(1) In generalA State that receives an allotment pursuant to section 12572 of this title shall use the allotment to pay the Federal share of the costs of—(A) awarding scholarships to in-service law enforcement personnel to enable such personnel to seek further education; and (B) providing—(i) full-time employment in summer; or (ii) part-time (not to exceed 20 hours per week) employment for a period not to exceed 1 year. (2) EmploymentThe employment described in paragraph (1)(B)—(A) shall be provided by State and local law enforcement agencies for students who are juniors or seniors in high school or are enrolled in an institution of higher education and who demonstrate an interest in undertaking a career in law enforcement; (B) shall not be in a law enforcement position; and (C) shall consist of performing meaningful tasks that inform students of the nature of the tasks performed by law enforcement agencies. (b) Payments; Federal share; non-Federal share(1) PaymentsSubject to the availability of appropriations, the Director shall pay to each State that receives an allotment under section 12572 of this title the Federal share of the cost of the activities described in the application submitted pursuant to section 12576 11 See References in Text note below. of this title. (2) Federal shareThe Federal share shall not exceed 60 percent. (3) Non-Federal shareThe non-Federal share of the cost of scholarships and student employment provided under this part shall be supplied from sources other than the Federal Government. (c) Responsibilities of DirectorThe Director shall be responsible for the administration of the programs conducted pursuant to this part and shall, in consultation with the Assistant Secretary for Postsecondary Education, issue rules to implement this part. (d) Administrative expensesA State that receives an allotment under section 12572 of this title may reserve not more than 8 percent of the allotment for administrative expenses. (e) Special ruleA State that receives an allotment under section 12572 of this title shall ensure that each scholarship recipient under this part 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 law enforcement personnel of the same rank and tenure in the office of which the scholarship recipient is a member. (f) Supplementation of fundingFunds received under this part shall only be used to supplement, and not to supplant, Federal, State, or local efforts for recruitment and education of law enforcement personnel.

34 U.S.C. § 12574 Scholarships

(a) Period of awardScholarships awarded under this part shall be for a period of 1 academic year. (b) Use of scholarshipsEach individual awarded a scholarship under this part may use the scholarship for educational expenses at an institution of higher education.

34 U.S.C. § 12575 Eligibility

(a) ScholarshipsA person shall be eligible to receive a scholarship under this part if the person has been employed in law enforcement for the 2-year period immediately preceding the date on which assistance is sought. (b) Ineligibility for student employmentA person who has been employed as a law enforcement officer is ineligible to participate in a student employment program carried out under this part.

34 U.S.C. § 12576 State application

(a) In generalEach State desiring an allotment under section 12572 of this title shall submit an application to the Director at such time, in such manner, and accompanied by such information as the Director may reasonably require. (b) ContentsAn application under subsection (a) shall—(1) describe the scholarship program and the student employment program for which assistance under this part is sought; (2) contain assurances that the lead agency will 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 this part; (3) contain assurances that the State will advertise the scholarship assistance and student employment it will provide under this part and that the State will use such programs to enhance recruitment efforts; (4) contain assurances that the State will screen and select law enforcement personnel for participation in the scholarship program under this part; (5) contain assurances that under such student employment program the State will screen and select, for participation in such program, students who have an interest in undertaking a career in law enforcement; (6) contain assurances that under such scholarship program the State will make scholarship payments to institutions of higher education on behalf of persons who receive scholarships under this part; (7) with respect to such student employment program, identify—(A) the employment tasks that students will be assigned to perform; (B) the compensation that students will be paid to perform such tasks; and (C) the training that students will receive as part of their participation in the program; (8) identify model curriculum and existing programs designed to meet the educational and professional needs of law enforcement personnel; and (9) contain assurances that the State will promote cooperative agreements with educational and law enforcement agencies to enhance law enforcement personnel recruitment efforts in institutions of higher education.

34 U.S.C. § 12577 Local application

(a) In generalA person who desires a scholarship or employment under this part shall submit an application to the State at such time, in such manner, and accompanied by such information as the State may reasonably require. (b) ContentsAn application under subsection (a) shall describe—(1) the academic courses for which a scholarship is sought; or (2) the location and duration of employment that is sought. (c) PriorityIn awarding scholarships and providing student employment under this part, each State shall give priority to applications from persons who are—(1) members of racial, ethnic, or gender groups whose representation in the law enforcement agencies within the State is substantially less than in the population eligible for employment in law enforcement in the State; (2) pursuing an undergraduate degree; and (3) not receiving financial assistance under the Higher Education Act of 1965 [20 U.S.C. 1001 et seq.].

34 U.S.C. § 12578 Scholarship agreement

(a) In generalA person who receives a scholarship under this part shall enter into an agreement with the Director. (b) ContentsAn agreement described in subsection (a) shall—(1) provide assurances that the scholarship recipient will work in a law enforcement position in the State that awarded the scholarship in accordance with the service obligation described in subsection (c) after completion of the scholarship recipient’s academic courses leading to an associate, bachelor, or graduate degree; (2) provide assurances that the scholarship recipient will repay the entire scholarship in accordance with such terms and conditions as the Director shall prescribe if the requirements of the agreement are not complied with, unless the scholarship recipient—(A) dies; (B) becomes physically or emotionally disabled, as established by the sworn affidavit of a qualified physician; or (C) has been discharged in bankruptcy; and (3) set forth the terms and conditions under which the scholarship recipient may seek employment in the field of law enforcement in a State other than the State that awarded the scholarship. (c) Service obligation(1) In generalExcept as provided in paragraph (2), a person who receives a scholarship under this part shall work in a law enforcement position in the State that awarded the scholarship for a period of 1 month for each credit hour for which funds are received under the scholarship. (2) Special ruleFor purposes of satisfying the requirement of paragraph (1), a scholarship recipient shall work in a law enforcement position in the State that awarded the scholarship for not less than 6 months but shall not be required to work in such a position for more than 2 years.

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