Office of Community Oriented Policing Services; FY 1996 Police Corps Program

DEPARTMENT OF JUSTICE

28 CFR Part 92

RIN 1105-AA47

Office of Community Oriented Policing Services; FY 1996 Police

Corps Program

AGENCY: Office of the Police Corps and Law Enforcement Education,

Office of Community Oriented Policing Services, Department of Justice.

ACTION: Final rule.

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SUMMARY: This rule adopts without change an interim rule published by

the Office of Community Oriented Policing Services, U.S. Department of

Justice, in the Federal Register on September 24, 1996, which

established a framework for the Police Corps, authorized by the Police

Corps Act, Title XX, Subtitle A of the Violent Crime Control and Law

Enforcement Act of 1994. One comment was received before the comment

period expired on October 24, 1996.

DATES: Final rule is effective December 31, 1996.

FOR FURTHER INFORMATION CONTACT: L. Anthony Sutin, Deputy Director/

General Counsel, Office of Community Oriented Policing Services, U.S.

Department of Justice, 1100 Vermont Avenue, NW., Washington, DC 20530;

telephone (202) 514-3750.

SUPPLEMENTARY INFORMATION: The purpose of this rule is to provide

guidance to States and individuals interested in applying to

participates in the Police Corps. The rule addresses eligibility

requirements, application criteria and procedures, and certain post-

application requirements. The rule is not intended to be a

comprehensive compilation of the administrative requirements of the

Police Corps; the authorizing statute (42 U.S.C. 14091 et seq.) is

quite detailed in a number of respects and those requirements and

provisions are not repeated in the regulation (but are set forth in the

following overview). In addition, other program requirements and

procedures will be formulated by the participating States in light of

their circumstances and needs.

One commenter requested that college and university police forces

be made eligible for assignment of Police Corps officers. The rule does

not address this issue beyond restating the statute's requirement that

Police Corps participants be assigned to a ``State or local police

force.'' The Office intends to defer to participating States the

determination of whether a particular college or university police

force qualifies as a ``State or local police force'' under the laws of

those particular States and meet the other statutory requirements for

receiving an assignment of Police Corps officers.

Based on other inquiries received by the Office relating to the

program, the following additional points of background clarification

are offered. First, while the Police corps does make available

educational assistance to dependent children of fallen law enforcement

officers, this assistance is limited to children of officers who served

in a State that participate in the Police Corps. See 28 CFR 92.2(c)(3).

Second, nothing in the statute or rule requires Police Corps

participants who will receive scholarships for graduate study to resign

their officer position upon commencement of graduate study,

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to the extent consistent with their employment and educational

commitments.

The Office of Community Oriented Policing Services is adopting the

interim rule as final without change.

The Catalog of Federal Domestic Assistance Number for the Police

Corps is 16.712.

Administrative Requirements

Executive Order 12866

This regulation has been drafted and reviewed in accordance with

Executive Order 12866, section 1(b), Principles of Regulation. The

Office of Community Oriented Policing Services has determined that this

final rule is not a ``significant regulatory action'' under Executive

Order 12866, section 3(f), Regulatory Planning and Review, and,

accordingly, this final rule has not been reviewed by the Office of

Management and Budget.

Regulatory Flexibility Act

The Director, Office of the Police Corps and Law Enforcement

Education, Office of Community Oriented Policing Services, in

accordance with the Regulatory Flexibility Act, codified at 5 U.S.C.

605(b), has reviewed this regulation and, by approving it, certifies

that this regulation will not have a significant economic impact on a

substantial number of small entities. This final rule builds upon the

statutory outline of a program providing scholarships and educational

assistance to individuals in exchange for a commitment to serve as a

law enforcement officer for four years, and the award of such

scholarships or assistance imposes no requirements on small businesses

or other small entities.

Paperwork Reduction Act

Information collection associated with this regulation has been

approved by the Office of Management and Budget under the provisions of

the Paperwork Reduction Act of 1995. The OMB control number for this

collection is 1103-0035.

List of Subjects in 28 CFR Part 92

Law enforcement officers, Scholarships and fellowships, Student

aid.

Accordingly, the interim rule adding 28 CFR part 92, which was

published in the Federal Register on September 24, 1996, at 61 FR

49971, is adopted as a final rule without change.

Dated: December 19, 1996.

Joseph E. Brann,

Director.

[FR Doc. 96-33294 Filed 12-30-96; 8:45 am]

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