Police Corps eligibility and selection criteria: Educational expenses; timing of reimbursements,
[Federal Register: June 21, 1999 (Volume 64, Number 118)]
[Rules and Regulations]
[Page 33016-33018]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr21jn99-10]
DEPARTMENT OF JUSTICE
[OJP(OJP)-1205]
RIN 1121-AA50
Timing of Police Corps Reimbursements of Educational Expenses
AGENCY: Office of Justice Programs, Office of the Police Corps and Law Enforcement Education, Justice.
ACTION: Interim final rule.
SUMMARY: This interim final rule concerns the timing of Police Corps reimbursements of educational expenses. The Police Corps Act (42 U.S.C. 14091 et seq.) provides that participants who complete one or more years of college study before being accepted into the Police Corps program are to be reimbursed for eligible educational expenses incurred during those years. The Police Corps Act does not specify the timing of these reimbursements. This rule provides that
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reimbursements will be made through two equal payments at the start and conclusion of a participant's first year of service as a police officer or sheriff's deputy. This rule also permits the Director of the Office of the Police Corps and Law Enforcement Education, on a showing of good cause, to advance the date of a participant's first reimbursement payment to precede the start of required service.
DATES: This Interim Final Rule is effective on June 21, 1999. Comments on this rule must be received on or before September 20, 1999.
ADDRESSES: Comments should be sent to: Police Corps Reimbursement Schedule, Office of the Police Corps and Law Enforcement Education, Office of Justice Programs, 810 Seventh Street, NW, Washington, DC 20531.
FOR FURTHER INFORMATION CONTACT: Robert Cole, Program Coordinator, Office of the Police Corps and Law Enforcement Education at 202-353- 8953. This is not a toll-free number.
SUPPLEMENTARY INFORMATION:
Authority
This action is authorized under the Violent Crime Control and Law Enforcement Act of 1994, 42 U.S.C. 14091 et seq. (``Police Corps Act'').
Background
The Office of Justice Programs, Office of the Police Corps and Law Enforcement Education (``Office of the Police Corps'') offers, pursuant to the Police Corps Act, 42 U.S.C. 14091 et seq., and through the Police Corps program, financial aid on a competitive basis to college students who agree to undergo rigorous training and serve as police officers in specially designated areas for at least four years.
Once a college student is accepted into the Police Corps, he or she receives financial aid on a prospective basis through scholarship payments. 42 U.S.C. 14095(a). If a college student completes one or more years of college study before being accepted into the Police Corps, he or she is entitled to be reimbursed for educational expenses incurred during the years prior to his or her acceptance into the program. 42 U.S.C. 14095(b). The Police Corps Act does not specify the timing of these reimbursements, and the reimbursements do not include interest.
The relevant implementing regulation pertaining to the Police Corps Act at 28 CFR 92.5(b)(7) currently provides that reimbursements are made through four equal payments, one upon completion of each of the four years of required service. This interim final rule changes the current regulatory provision to accelerate reimbursements. Under this new rule, participants will be reimbursed in full for all eligible educational expenses once they successfully complete their first year of required service.
The change will enable participants to promptly repay student loans and, by allowing the Director flexibility in dealing with special individual circumstances, enable participants to have funds available to make loan payments and meet other ongoing financial obligations during the 16 to 24 weeks of required residential training. By reducing the number of payments per participant, the change also will ease the administrative burden on both the Office of the Police Corps and state lead agencies.
Executive Order 12866
This interim final regulation has been drafted and reviewed in accordance with Executive Order 12866, section 1(b), Principles of Regulation. The Office of Justice Programs has determined that this 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 interim final regulation will not have substantial direct effects on the States, on the relationship between the national government and the States, or on the 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 preparation of a Federalism Assessment.
Regulatory Flexibility Act
The Office of Justice Programs, in accordance with the Regulatory Flexibility Act (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 upon a substantial number of small entities for the following reasons:
(1) This interim final rule provides the schedule under which eligible applicants receive reimbursements for educational expenses under the Act; and
(2) Such reimbursements impose no requirements on small business or on small entities.
Unfunded Mandates Reform Act of 1995
This interim final rule will not result in the expenditure by State, local, and tribal governments, in the aggregate, or by the private sector, of $100 million or more in any one year, and it will not uniquely affect small governments. Therefore, no actions were deemed necessary under the provisions of the Unfunded Mandates Reform Act of 1995.
Small Business Regulatory Enforcement Fairness Act of 1996
This interim final 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 million or more; a major increase in cost or prices; or significant adverse effects on competition, employment, investment, productivity, innovation, or on the ability of United States-based companies to compete in domestic and export markets.
Paperwork Reduction Act
There are no collection of information requirements contained in this regulation that would require review and approval by the Office of Management and Budget under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.).
Good Cause Exception
This regulation is being published as an interim final rule, without prior publication of notice and comment, and is made effective immediately, for good cause. 5 U.S.C. 553(d)(3). Good cause can be demonstrated because advance notice of this interim final rule would be impractical, unnecessary, and contrary to the legislative intent, as well as the public interest, in making the Police Corps program available to men and women of all races and ethnicities without regard to individual economic circumstances or financial need. Indeed, the Police Corps Act requires that all participants be selected on a fully competitive basis and that states make special efforts to solicit applications from among members of all racial, ethnic, and gender groups. 42 U.S.C. 14096(a),(c). Economic need and financial circumstances are not a factor in the selection process. 42 U.S.C. 14096(b).
In order to achieve these ends, and in light of the substantial financial demands on many participants during training and/or during the first year of required service in the Police Corps program, a minor revision of the
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reimbursement schedule is necessary. In particular, both the Police Corps Act and the contract that each participant must sign upon acceptance into the Police Corps require that the participant complete a baccalaureate degree and also complete 16 to 24 weeks (approximately four to six months) of intense residential training before beginning his or her required four years of service as a police officer or sheriff's deputy. 42 U.S.C. 14095(d); 14097(b),(d). During Police Corps training, participants are not employed by a law enforcement agency and receive no salary. Instead, participants receive a statutory stipend of $250 per week. 42 U.S.C. 14097(f); 14098(a).
The vast majority of Police Corps participants are accepted into the program as college sophomores, juniors, or seniors. Such participants frequently have student loans that they must begin to repay shortly after graduation from college and that, if not repaid in full shortly after graduation, accrue interest. In addition, some participants, because they have children or other significant support responsibilities, have ongoing financial obligations (child support, child care, mortgages, etc.) that cannot be satisfied through the training stipend. Reimbursement of participants in full during the first year of service, as provided for in this rule, will enable all participants--regardless of their personal or family economic circumstances--to repay student loans and similar obligations on a timely basis. Moreover, the flexibility to advance the first reimbursement payment will enable the Director to address special circumstances such as child support obligations. Together, these changes will make participation in the Police Corps feasible and practical across all economic groups, as contemplated by the Police Corps Act.
Further demonstration that such a revision of the reimbursement schedule is necessary and practical is evident by the activities in recent months of states that participate in the Police Corps program. States have requested an accelerated reimbursement schedule to address situations such as those outlined above. In addition, at least one state has expressed concern to the Office of the Police Corps and Law Enforcement Education that the current rule inhibits qualified men and women with dependents from applying to the program.
Finally, to publish a notice of a proposed rulemaking and await receipt of comments would significantly delay an appropriate response to the unintended financial hardships that the current rule poses to participants and prospective participants whose financial circumstances do not permit them to pay student loan expenses and dependent support while they await reimbursements owed under the statute and contract. Such delay would be contrary to the public interest and would be in contravention of the Congressional intent set forth in the Police Corps Act that the Police Corps be available to qualified applicants without regard to economic circumstances.
The Office of the Police Corps is, however, interested in receiving public comment on the interim final rule and will consider fully all such comments. Therefore, comments to be considered in preparing a final rule must be submitted on or before September 20, 1999.
List of Subjects in 28 CFR Part 92
Colleges and universities, Education, Educational facilities, Educational study programs, Law enforcement officers, Schools, Student aid.
For the reasons set forth in the preamble, 28 CFR part 92 is amended as follows:
PART 92--[AMENDED]
-
The authority citation for part 92 continues to read as follows:
Authority: 42 U.S.C. 13811-13812; 42 U.S.C. 14091-14102.
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Section 92.5 is amended by revising paragraph (b)(7) to read as follows:
Sec. 92.5 What educational expenses does the Police Corps cover, and how will they be paid?
* * * * *
(b) * * *
(7) Reimbursements for past expenses will be made directly to the Police Corps participant. One half of the reimbursement will be paid after the participant is sworn in and starts the first year of required service. The remainder will be paid upon successful completion of the first year of required service. The Director may, upon a showing of good cause, advance the date of the first reimbursement payment to an individual participant. Laurie Robinson, Assistant Attorney General, Office of Justice Programs.
[FR Doc. 99-15622Filed6-18-99; 8:45 am]
BILLING CODE 4410-18-P
