FY 1998 Police Recruitment Program

DEPARTMENT OF JUSTICE

28 CFR Part 92

RIN 1105-AA58

FY 1998 Police Recruitment Program

AGENCY: Office of Community Oriented Policing Services, U.S. Department

of Justice.

ACTION: Interim rule with requests for comments.

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SUMMARY: This rule establishes a framework for the Police Recruitment

Project, authorized by the Police Recruitment Act, Subtitle H of the

Violent Crime Control and Law Enforcement Act of 1994. For Fiscal Year

1998, Congress has appropriated $1 million for the funding of pilot

projects under the Police Recruitment Program. This regulation is being

published under the statutory grant of authority of the Police

Recruitment Act to issue guidelines governing the content and results

of programs receiving grants under the Police Recruitment Program.

DATES: This interim rule is effective on September 21, 1998. All

comments must be received by close of business (5:30 p.m. EST) on

October 21, 1998.

ADDRESSES: All comments should be addressed to Rob Chapman, Program

Coordinator, Office of Community Oriented Policing Services, U.S.

Department of Justice, 1100 Vermont Avenue, N.W., Washington, D.C.

20530.

FOR FURTHER INFORMATION CONTACT: The Department of Justice Response

Center at 1-800-421-6770 or (202) 307-1480, or Rob Chapman, Community

Oriented Policing Services, at (202) 633-1295.

SUPPLEMENTARY INFORMATION: The purpose of this rule is to provide

guidance to the non-profit community groups interested in applying to

participate in the Police Recruitment Program. The rule addresses

program purposes and goals, and project and eligibility requirements.

The rule is not intended to be a comprehensive compilation of the

administrative requirements of the Police Recruitment Program. Other

program requirements and procedures will be formulated by the

participating community organizations and police departments in light

of their circumstances and needs.

The rule amends 28 CFR Part 92 by designating existing section 92.1

through 92.6 as Subpart A to read as follows: ``Police Corps

Eligibility and Selection Criteria.'' The rule further amends 28 CFR

Part 92 by adding Subpart B to read as follows: ``Police Recruitment

Program Guidelines.''

Overview

The Office of Community Oriented Policing Services administers the

Police Recruitment Program, U.S. Department of Justice. This program is

designed to develop pilot projects to meet the ongoing need for

additional improvement in recruiting, selecting and retaining police

officer applicants. The Police Recruitment program will make grants to

a limited number of qualified community organizations to assist in

meeting the cost of qualified programs designed to recruit and retain

applicants to police departments.

To do this, applicants under this program are expected to utilize

innovative and effective methods in meeting the program guidelines.

Successful applicants will be funded for a total of up to $500,000 for

a one-year grant period only, though two additional years of no-cost

extensions will be permitted.

The successful applicants funded under the Police Recruitment

program will ultimately design programs to enhance opportunities and

increase inroads for individuals within their local police agencies.

These advances will be accomplished through a variety of methods,

including, but not limited to, targeted recruitment efforts; tutorial

programs to enable individuals to meet police force academic

requirements and pass entrance examinations; counseling for those

applicants who may encounter problems throughout the application

process; and programs to aid in the retention of these applicants

throughout the application and hiring process.

Request for Comment: The COPS Office seeks comments on any aspect

of this rule.

Administrative Requirements

Administrative Procedure Act 5 U.S.C. 553

The rule is implemented as an Interim Rule based on the good cause

exceptions of the Administrative Procedure Act found at 5 U.S.C. 553,

with provision of post-promulgation public comments. The COPS Office

will address any comments received in a final rule. Immediate

implementation is necessary to expedite the availability of funds to

qualified community organizations to provide recruiting and retention

services through qualified programs to police department candidates.

The immediate implementation of the rules serves the public benefit of

ensuring that funds flow as quickly as possible to support the costs of

programs involving tutorial, counseling, and retention services for

such individuals. The length of the comment period has been limited to

thirty days in order to provide qualified non-profit community groups

timely access to the available program funds. It would be contrary to

the public interest to delay implementation of the program.

Regulatory Flexibility Act

The Director of the 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 Interim Rule builds upon the

statutory outline of a program providing federal grant assistance to

programs sponsored by non-profit organizations providing recruiting and

retention services to police department applicants. The award of such

grants imposes no significant economic impacts on substantial numbers

of small businesses or other entities.

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

Interim Rule is not a significant regulatory action under Executive

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

accordingly this rule has not been reviewed by the Office of Management

and Budget.

Executive Order 12612

This regulation will not have substantial direct effects on the

States, on the relationship between the national government and the

States, or on distribution of power and responsibilities among the

various levels of government. Therefore, in accordance with Executive

Order 12612, it is determined that this rule does not have sufficient

federalism implications to warrant the preparation of a Federal

Assessment.

Unfunded Mandates Reform Act of 1995

This rule will not result in the expenditure by State, local, and

tribal governments, in the aggregate, or by the private sector, of

$100,000,000 or more in any one year, and it will not significantly or

uniquely affect small governments. Therefore, no actions were deemed

necessary under the provisions of the Unfunded Mandates Reform Act of

1995.

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Small Business Regulatory Enforcement Fairness Act of 1996

This rule is not a major rule as defined by section 804 of the

Small Business Regulatory Enforcement Fairness Act of 1996. This rule

will not result in an annual effect on the economy of $100,000,000 or

more; a major increase in costs or prices; or significant adverse

effects on competition, employment, investment, productivity,

innovation, or on the ability of United States-based companies to

compete with foreign-based companies in domestic and export markets.

Paperwork Reduction Act

The interim rule is not subject to the Paperwork Reduction Act

requirements because the information collected as part of the grant

application process will be collected from fewer than ten respondents.

List of Subjects in 28 CFR Part 92

Law enforcement officers, Scholarships and fellowships.

Accordingly, chapter I of title 28 of the Code of Federal

Regulations is amended as follows:

PART 92 HEADING [REVISED]

PART 92--OFFICE OF COMMUNITY ORIENTED POLICING SERVICES (COPS)

1. The heading for part 92 is revised as set forth above.

2. The authority citation for part 92 is revised to read as

follows:

Authority: 42 U.S.C. 13811-13812; 42 U.S.C. 14091-14102.

3. Existing sections 92.1 through 92.6 are designated as Subpart A

and a new subpart heading is added to read as follows:

Supart A--Police Corps Eligibility and Selection Criteria

4. Part 92 is amended by adding a new Subpart B to read as follows:

Subpart B--Police Recruitment Program Guidelines

Sec.

92.7 Scope.

92.8 Providing recruitment services.

92.9 Publicizing Police Recruitment program.

92.10 Providing tutorials and other academic assistance programs.

92.11 Content of the recruitment and retention programs.

92.12 Program funding length.

92.13 Program eligibility.

Subpart B--Police Recruitment Program Guidelines

Sec. 92.7 Scope.

(a) The Police Recruitment program offers funds to qualified

community organizations to assist in meeting the costs of programs

which are designed to recruit and train police applicants from a

variety of neighborhoods and localities.

(b) Individual participants encountering problems throughout the

police department application process shall receive counseling,

tutorials, and other academic assistance as necessary to assist them in

the application process of a police department.

(c) Program goals should include increasing the retention in the

hiring process for police applicants participating in the program.

(d) Programs funded under the Police Recruitment program will have

a one-year grant period, with allowances for two additional years of

no-cost extensions.

Sec. 92.8 Providing recruitment services.

The non-profit community organizations that wish to receive a grant

under this program should provide for an overall program design with

the objective of recruiting and retaining applicants from a variety of

populations to a police department. The recruitment strategies employed

may include:

(a) A process for recruiting applicants for employment by a police

department. These processes should include working in cooperation with

a local law enforcement department to develop selection criteria for

the participants. The selection criteria may include, but are not

limited to:

(1) Demonstrated interest in policing as a career;

(2) Scholastic record (except that failure to meet the satisfactory

academic scores shall not disqualify the applicant since the program is

designed to provide tutorial service so to help applicant pass the

required examinations);

(3) Background screening;

(4) Work experience;

(5) Letters of recommendation.

(b) The recruitment services must ensure that applicants possess

the necessary mental and physical capabilities and emotional

characteristics to be an effective law enforcement officer.

Sec. 92.9 Publicizing the Police Recruitment Program.

Participating organizations should have experience in or an ability

to develop procedures to publicize the availability of like programs.

These programs should be widely publicized throughout the affected

geographic area. The methods for publicizing the Police Recruitment

programs may include, but are not limited to:

(a) Sending press releases to community bulletins, college and

local newspapers, and television stations, as well as public service

announcements to local and college radio stations;

(b) Sending information to and/or making presentations at:

(1) Local community colleges;

(2) Colleges and universities serving populations in the geographic

area of the program;

(3) Local nonprofit groups;

(4) Academic counseling departments within public and private

nonprofit colleges and universities;

(5) Academic counseling departments within public and private

nonprofit high schools;

(6) High school and college student associations;

(7) Local religious groups;

(8) Local social services agencies.

(c) Disseminating press releases and/or translated materials to

non-English language newspapers and magazines; and

(d) Maintaining toll-free or other easy-access telephone numbers

for obtaining application materials.

Sec. 92.10 Providing tutorials and other academic assistance programs.

(a) The program designed by the community organization must include

academic counseling, tutorials and other academic assistance programs

to enable individuals to meet police force academic requirements, pass

entrance examinations, and meet other requirements. The program should

include:

(1) Processes for evaluating educational assistance needs of young

adults and adults. These processes should include, but are not limited

to: screening procedures and testing batteries to assess individual

needs;

(2) Tutorial programs designed to meet the specific and varied

academic needs of individual applicants; and

(3) Academic and guidance counseling for adults. Specific

counseling programs must be designed for individuals who encounter

problems with passing the entrance examinations, and may include

specialized counseling in self discipline, study habits, taking written

and oral exams, and physical fitness.

(b) These tutorial and academic assistance programs must be

provided by individuals or groups that have experience in developing

and providing

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tutorial programs for young adults and adults.

(c) The program provider must also have experience in providing

counseling for participants who encounter other problems with the

police department application process.

Sec. 92.11 Content of the recruitment and retention programs.

Applicants must describe in detail the intended program strategies

for providing academic and guidance counseling activities for members

of the community, as described in Secs. 92.2 through 92.4. A review of

mandatory topics to be addressed in a detailed concept paper/

application to be provided by all applicants follows.

(a) Applicants must address program strategies for responding to

program and applicant needs throughout the recruitment process. The

process should be based on an examination and understanding of the

needs of the population in meeting the qualification requirements of

the police department. The project strategy should subsequently be

tailored based on the understanding of the current and anticipated

problems in meeting police department requirements.

(b) Applicants must describe the manner in which academic services

and tutorials, and guidance counseling programs that would assist

applicants to pass the entrance examination and related tests will be

provided. This should also include the anticipated length of the

academic and guidance counseling programs, qualifications of the

counselors, and the content of the counseling programs.

(c) Applicants must provide retention services to assist in keeping

individuals in the application process of a police department. These

may include:

(1) Counseling programs aimed at meeting the needs of potential

police applicants before they are eligible to apply for a sworn

position;

(2) Pre-police employment programs, such as junior police cadet

programs, reserve programs, and police volunteer activities and

(3) Mentoring activities utilizing sworn officers.

(d) Applicants must estimate the number of police applicants to be

served by the prospective program, along with an estimation of the

total number of potential or actual applicants who will be successfully

hired and eventually deployed as police officers.

Sec. 92.12 Program funding length.

Funding for these programs will be for one year only, but will

allow for two additional years of no-cost extension.

Sec. 92.13 Program eligibility.

(a) Eligible organizations for the Police Recruitment program grant

are certified nonprofit organizations that have training and/or

experience in:

(1) Working with a police department and with teachers, counselors,

and similar personnel;

(2) Providing services to the community in which the organization

is located;

(3) Developing and managing services and techniques to recruit and

train individuals, and in assisting such individuals in meeting

requisite standards and provisions;

(4) Developing and managing services and techniques to assist in

the retention of applicants to like programs; and

(5) Developing other programs that contribute to the community.

(b) A program is qualified to receive a grant if:

(1) The overall design of the program is to recruit and retain

applicants to a police department;

(2) The program provides recruiting services that include tutorial

programs to enable individuals to meet police force academic

requirements and to pass entrance examinations;

(3) The program provides counseling to applicants to police

departments who may encounter problems throughout the application

process; and

(4) The program provides retention services to assist in retaining

individuals to stay in the application process of the police

department.

(c) To qualify for funding under the Police Recruitment program,

the intended activities must support the recruitment services, tutorial

and other academic assistance programs, and retention services for

individuals. The qualified non-profit organization must submit an

application which identifies the law enforcement department with which

it will work and includes documentation showing:

(1) The need for the grant;

(2) The intended use of the funds;

(3) Expected results from the use of grant funds;

(4) Demographic characteristics of the population to be served,

including age, disability, race, ethnicity, and languages used;

(5) Status as a non-profit organization; and

(6) Contains satisfactory assurances that the program for which the

grant is made will meet the applicable requirements of the program

guidelines prescribed in this document.

Dated: September 2, 1998.

Joseph E. Brann,

Director.

[FR Doc. 98-25143 Filed 9-18-98; 8:45 am]

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