H. Rept. 114-343 - FEDERAL LAW ENFORCEMENT TRAINING CENTERS REFORM AND IMPROVEMENT ACT OF 2015114th Congress (2015-2016)
Committee Report
| Report Type: | House Report |
|---|---|
| Accompanies: | H.R.3842 |
| Committees: |
H. Rept. 114-343 - 114th Congress (2015-2016)
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House Report 114-343 - FEDERAL LAW ENFORCEMENT TRAINING CENTERS REFORM AND IMPROVEMENT ACT OF 2015
[House Report 114-343]
[From the U.S. Government Publishing Office]
114th Congress } { Rept. 114-343
HOUSE OF REPRESENTATIVES
1st Session } { Part 1
======================================================================
FEDERAL LAW ENFORCEMENT TRAINING CENTERS REFORM AND IMPROVEMENT ACT OF
2015
_______
November 19, 2015.--Committed to the Committee of the Whole House on
the State of the Union and ordered to be printed
_______
Mr. McCaul, from the Committee on Homeland Security, submitted the
following
R E P O R T
[To accompany H.R. 3842]
[Including cost estimate of the Congressional Budget Office]
The Committee on Homeland Security, to whom was referred
the bill (H.R. 3842) to improve homeland security, including
domestic preparedness and response to terrorism, by reforming
Federal Law Enforcement Training Centers to provide training to
first responders, and for other purposes, having considered the
same, report favorably thereon with an amendment and recommend
that the bill as amended do pass.
CONTENTS
Page
Purpose and Summary.............................................. 5
Background and Need for Legislation.............................. 5
Hearings......................................................... 6
Committee Consideration.......................................... 6
Committee Votes.................................................. 7
Committee Oversight Findings..................................... 7
New Budget Authority, Entitlement Authority, and Tax Expenditures 7
Congressional Budget Office Estimate............................. 7
Statement of General Performance Goals and Objectives............ 8
Duplicative Federal Programs..................................... 8
Congressional Earmarks, Limited Tax Benefits, and Limited Tariff
Benefits....................................................... 8
Federal Mandates Statement....................................... 8
Preemption Clarification......................................... 8
Disclosure of Directed Rule Makings.............................. 8
Advisory Committee Statement..................................... 9
Section-by-Section Analysis of the Legislation................... 9
Changes in Existing Law Made by the Bill, as Reported............ 10
Committee Correspondence......................................... 18
The amendment is as follows:
Strike all after the enacting clause and insert the
following:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Federal Law Enforcement Training
Centers Reform and Improvement Act of 2015''.
SEC. 2. FEDERAL LAW ENFORCEMENT TRAINING CENTERS.
(a) Establishment.--Section 884 of the Homeland Security Act of 2002
(6 U.S.C. 464) is amended to read as follows:
``SEC. 884. FEDERAL LAW ENFORCEMENT TRAINING CENTERS.
``(a) Establishment.--The Secretary shall maintain in the Department
the Federal Law Enforcement Training Centers (FLETC), headed by a
Director, who shall report to the Secretary.
``(b) Position.--The Director shall occupy a career-reserved position
within the Senior Executive Service.
``(c) Functions of the Director.--The Director shall--
``(1) develop training goals and establish strategic and
tactical organizational program plan and priorities;
``(2) provide direction and management for FLETC's training
facilities, programs, and support activities while ensuring
that organizational program goals and priorities are executed
in an effective and efficient manner;
``(3) develop homeland security and law enforcement training
curricula, including curricula related to domestic preparedness
and response to threats or acts of terrorism, for Federal,
State, local, tribal, territorial, and international law
enforcement and security agencies and private sector security
agencies;
``(4) monitor progress toward strategic and tactical FLETC
plans regarding training curricula, including curricula related
to domestic preparedness and response to threats or acts of
terrorism, and facilities;
``(5) ensure the timely dissemination of homeland security
information as necessary to Federal, State, local, tribal,
territorial, and international law enforcement and security
agencies and the private sector to achieve the training goals
for such entities, in accordance with paragraph (1);
``(6) carry out acquisition responsibilities in a manner
that--
``(A) fully complies with--
``(i) Federal law;
``(ii) the Federal Acquisition Regulation,
including requirements regarding agency
obligations to contract only with responsible
prospective contractors; and
``(iii) Department acquisition management
directives; and
``(B) ensures that a fair proportion of Federal
contract and subcontract dollars are awarded to small
businesses, maximizes opportunities for small business
participation, and ensures, to the extent practicable,
that small businesses which achieve qualified vendor
status for security-related technologies have an
opportunity to compete for contracts for such
technologies;
``(7) coordinate and share information with the heads of
relevant components and offices on digital learning and
training resources, as appropriate;
``(8) advise the Secretary on matters relating to executive
level policy and program administration of Federal, State,
local, tribal, territorial, and international law enforcement
and security training activities and private sector security
agency training activities, including training activities
related to domestic preparedness and response to threats or
acts of terrorism;
``(9) collaborate with the Secretary and relevant officials
at other Federal departments and agencies, as appropriate, to
improve international instructional development, training, and
technical assistance provided by the Federal Government to
foreign law enforcement; and
``(10) carry out such other functions as the Secretary
determines are appropriate.
``(d) Training Responsibilities.--
``(1) In general.--The Director is authorized to provide
training to employees of Federal agencies who are engaged,
directly or indirectly, in homeland security operations or
Federal law enforcement activities, including such operations
or activities related to domestic preparedness and response to
threats or acts of terrorism. In carrying out such training,
the Director shall--
``(A) evaluate best practices of law enforcement
training methods and curriculum content to maintain
state-of-the-art expertise in adult learning
methodology;
``(B) provide expertise and technical assistance,
including on domestic preparedness and response to
threats or acts of terrorism, to Federal, State, local,
tribal, territorial, and international law enforcement
and security agencies and private sector security
agencies; and
``(C) maintain a performance evaluation process for
students.
``(2) Relationship with law enforcement agencies.--The
Director shall consult with relevant law enforcement and
security agencies in the development and delivery of FLETC's
training programs.
``(3) Training delivery locations.--The training required
under paragraph (1) may be conducted at FLETC facilities, at
appropriate off-site locations, or by distributed learning.
``(4) Strategic partnerships.--
``(A) In general.--The Director may--
``(i) execute strategic partnerships with
State and local law enforcement to provide such
law enforcement with specific training,
including maritime law enforcement training;
and
``(ii) coordinate with the Under Secretary
responsible for overseeing critical
infrastructure protection, cybersecurity, and
other related programs of the Department and
with private sector stakeholders, including
critical infrastructure owners and operators,
to provide training pertinent to improving
coordination, security, and resiliency of
critical infrastructure.
``(B) Provision of information.--The Director shall
provide to the Committee on Homeland Security of the
House of Representatives and the Committee on Homeland
Security and Governmental Affairs of the Senate, upon
request, information on activities undertaken in the
previous year pursuant to subparagraph (A).
``(5) FLETC details to dhs.--The Director may detail
employees of FLETC to positions throughout the Department in
furtherance of improving the effectiveness and quality of
training provided by the Department and, as appropriate, the
development of critical departmental programs and initiatives.
``(6) Detail of instructors to fletc.--Partner organizations
that wish to participate in FLETC training programs shall
assign non-reimbursable detailed instructors to FLETC for
designated time periods to support all training programs at
FLETC, as appropriate. The Director shall determine the number
of detailed instructors that is proportional to the number of
training hours requested by each partner organization scheduled
by FLETC for each fiscal year. If a partner organization is
unable to provide a proportional number of detailed
instructors, such partner organization shall reimburse FLETC
for the salary equivalent for such detailed instructors, as
appropriate.
``(7) Partner organization expenses requirements.--
``(A) In general.--Partner organizations shall be
responsible for the following expenses:
``(i) Salaries, travel expenses, lodging
expenses, and miscellaneous per diem allowances
of their personnel attending training courses
at FLETC.
``(ii) Salaries and travel expenses of
instructors and support personnel involved in
conducting advanced training at FLETC for
partner organization personnel and the cost of
expendable supplies and special equipment for
such training, unless such supplies and
equipment are common to FLETC-conducted
training and have been included in FLETC's
budget for the applicable fiscal year.
``(B) Excess basic and advanced federal training.--
All hours of advanced training and hours of basic
training provided in excess of the training for which
appropriations were made available shall be paid by the
partner organizations and provided to FLETC on a
reimbursable basis in accordance with section 4104 of
title 5, United States Code.
``(8) Provision of non-federal training.--
``(A) In general.--The Director is authorized to
charge and retain fees that would pay for its actual
costs of the training for the following:
``(i) State, local, tribal, and territorial
law enforcement personnel.
``(ii) Foreign law enforcement officials,
including provision of such training at the
International Law Enforcement Academies
wherever established.
``(iii) Private sector security officers,
participants in the Federal Flight Deck Officer
program under section 44921 of title 49, United
States Code, and other appropriate private
sector individuals.
``(B) Waiver.--The Director may waive the requirement
for reimbursement of any cost under this section and
shall maintain records regarding the reasons for any
requirements so waived.
``(9) Reimbursement.--The Director is authorized to reimburse
travel or other expenses for non-Federal personnel who attend
activities related to training sponsored by FLETC, at travel
and per diem rates established by the General Services
Administration.
``(10) Student support.--In furtherance of its training
mission, the Director is authorized to provide the following
support to students:
``(A) Athletic and related activities.
``(B) Short-term medical services.
``(C) Chaplain services.
``(11) Authority to hire federal annuitants.--
``(A) In general.--Notwithstanding any other
provision of law, the Director is authorized to appoint
and maintain, as necessary, Federal annuitants who have
expert knowledge and experience to meet the training
responsibilities under this subsection.
``(B) No reduction in retirement pay.--A Federal
annuitant employed pursuant to this paragraph shall not
be subject to any reduction in pay for annuity
allocable to the period of actual employment under the
provisions of section 8344 or 8468 of title 5, United
States Code, or similar provision of any other
retirement system for employees.
``(C) Re-employed annuitants.--A Federal annuitant
employed pursuant to this paragraph shall not be
considered an employee for purposes of subchapter III
of chapter 83 or chapter 84 of title 5, United States
Code, or such other retirement system (referred to in
subparagraph (B)) as may apply.
``(D) Counting.--Federal annuitants shall be counted
on a full time equivalent basis.
``(E) Limitation.--No appointment under this
paragraph may be made which would result in the
displacement of any employee.
``(12) Travel for intermittent employees.--The Director is
authorized to reimburse intermittent Federal employees
traveling from outside a commuting distance (to be
predetermined by the Director) for travel expenses and to
compensate such employees for time spent traveling from their
homes to work sites.
``(e) On-FLETC Housing.--Notwithstanding any other provision of law,
individuals attending training at any FLETC facility shall, to the
extent practicable and in accordance with FLETC policy, reside in on-
FLETC or FLETC-provided housing.
``(f) Additional Fiscal Authorities.--In order to further the goals
and objectives of FLETC, the Director is authorized to--
``(1) expend funds for public awareness and to enhance
community support of law enforcement training, including the
advertisement of available law enforcement training programs;
``(2) accept and use gifts of property, both real and
personal, and to accept gifts of services, for purposes that
promote the functions of the Director pursuant to subsection
(c) and the training responsibilities of the Director under
subsection (d);
``(3) accept reimbursement from other Federal agencies for
the construction or renovation of training and support
facilities and the use of equipment and technology on
government owned-property;
``(4) obligate funds in anticipation of reimbursements from
agencies receiving training at FLETC, except that total
obligations at the end of a fiscal year may not exceed total
budgetary resources available at the end of such fiscal year;
``(5) in accordance with the purchasing authority provided
under section 505 of the Department of Homeland Security
Appropriations Act, 2004 (Public Law 108-90; 6 U.S.C. 453a)--
``(A) purchase employee and student uniforms; and
``(B) purchase and lease passenger motor vehicles,
including vehicles for police-type use;
``(6) provide room and board for student interns; and
``(7) expend funds each fiscal year to honor and memorialize
FLETC graduates who have died in the line of duty.
``(g) Definitions.--In this section:
``(1) Basic training.--The term `basic training' means the
entry-level training required to instill in new Federal law
enforcement personnel fundamental knowledge of criminal laws,
law enforcement and investigative techniques, laws and rules of
evidence, rules of criminal procedure, constitutional rights,
search and seizure, and related issues.
``(2) Detailed instructors.--The term `detailed instructors'
means personnel who are assigned to the Federal Law Enforcement
Training Centers for a period of time to serve as instructors
for the purpose of conducting basic and advanced training.
``(3) Director.--The term `Director' means the Director of
the Federal Law Enforcement Training Centers.
``(4) Distributed learning.--The term `distributed learning'
means education in which students take academic courses by
accessing information and communicating with the instructor,
from various locations, on an individual basis, over a computer
network or via other technologies.
``(5) Employee.--The term `employee' has the meaning given
such term in section 2105 of title 5, United States Code.
``(6) Federal agency.--The term `Federal agency' means--
``(A) an Executive Department as defined in section
101 of title 5, United States Code;
``(B) an independent establishment as defined in
section 104 of title 5, United States Code;
``(C) a Government corporation as defined in section
9101 of title 31, United States Code;
``(D) the Government Printing Office;
``(E) the United States Capitol Police;
``(F) the United States Supreme Court Police; and
``(G) Government agencies with law enforcement
related duties.
``(7) Law enforcement personnel.--The term `law enforcement
personnel' means an individual, including criminal
investigators (commonly known as `agents') and uniformed police
(commonly known as `officers'), who has statutory authority to
search, seize, make arrests, or to carry firearms.
``(8) Local.--The term `local' means--
``(A) of or pertaining to any county, parish,
municipality, city, town, township, rural community,
unincorporated town or village, local public authority,
educational institution, special district, intrastate
district, council of governments (regardless of whether
the council of governments is incorporated as a
nonprofit corporation under State law), regional or
interstate government entity, any agency or
instrumentality of a local government, or any other
political subdivision of a State; and
``(B) an Indian tribe or authorized tribal
organization, or in Alaska a Native village or Alaska
Regional Native Corporation.
``(9) Partner organization.--The term `partner organization'
means any Federal agency participating in FLETC's training
programs under a formal memorandum of understanding.
``(10) State.--The term `State' means any State of the United
States, the District of Columbia, the Commonwealth of Puerto
Rico, the Virgin Islands, Guam, American Samoa, the
Commonwealth of the Northern Mariana Islands, and any
possession of the United States.
``(11) Student intern.--The term `student intern' means any
eligible baccalaureate or graduate degree student participating
in FLETC's College Intern Program.
``(h) Prohibition on New Funding.--No funds are authorized to carry
out this section. This section shall be carried out using amounts
otherwise appropriated or made available for such purpose.''.
(b) Clerical Amendment.--The table of contents in section 1(b) of the
Homeland Security Act of 2002 is amended by amending the item relating
to section 884 to read as follows:
``Sec. 884. Federal Law Enforcement Training Centers.''.
Purpose and Summary
H.R. 3842 reforms and improves the Federal Law Enforcement
Training Centers in the Department of Homeland Security (DHS).
H.R. 3842 strengthens the role of the Director of Federal Law
Enforcement Training Centers (FLETC) and improves training
practices.
Background and Need for Legislation
Established in 1970, by Treasury Order 217, the FLETC was a
bureau of the Treasury Department aimed at providing basic and
advanced training to federal law enforcement personnel. With
the formation of DHS, on March 1, 2003, FLETC was transferred
to the Department to serve as an interagency law enforcement
training organization for Federal, State, local, rural, Tribal,
territorial, and international law enforcement personnel and
partner organizations.
Since FLETC's move to DHS, legislation has not been
introduced to reform and improve FLETC. Specifically, FLETC has
yet to be reauthorized within the Department and has not had an
opportunity to codify important authorities.
H.R. 3842 amends Section 884 of the Homeland Security Act
of 2002 to improve domestic preparedness, prevention, and
response to terrorism by establishing FLETC to provide
consolidated and shared training to law enforcement agencies
and partner organizations. H.R. 3842 lists ten functions to be
carried out by the Director, including, but not limited to
developing training goals and curricula, monitoring progress
toward strategic and tactical curricula plans, and coordinating
and sharing information with relevant component heads and
offices on digital learning and training resources.
Additionally, H.R. 3842 includes specific training
responsibilities for the Director, FLETC, and partner
organizations.
Hearings
No hearings were specifically held on H.R. 3842. However,
the Committee held oversight hearings that are listed below.
On Thursday, May 24, 2005, the Subcommittee on Management,
Integration, and Oversight of the Committee on Homeland
Security held a hearing entitled ``Training More Border Patrol
Agents: How the Department of Homeland Security can Increase
Training Capacity Most Effectively.'' The Subcommittee received
testimony from Chief Tom Walters, Assistant Commissioner for
Training and Development, U.S. Customs and Border Protection,
Department of Homeland Security; Ms. Connie Patrick, Director,
Federal Law Enforcement Training Center, Department of Homeland
Security; Mr. T.J. Bonner, President, National Border Patrol
Council; and Mr. Gary Jackson, President, Blackwater USA.
Committee Consideration
The Committee met on November 4, 2015, to consider H.R.
3842, and ordered the measure to be reported to the House with
a favorable recommendation, as amended, by voice vote. The
Committee took the following actions:
The following amendments were offered:
An en bloc amendment offered by Mrs. Watson Coleman (#1); was
AGREED TO by voice vote.
Consisting of the following amendments:
Page 3, beginning line 14, insert the following (and redesignate
subsequent paragraphs accordingly):
``(6) carry out acquisition responsibilities In a manner that--
``(A) fully complies with--
``(i) Federal law;
``(ii) the Federal Acquisition Regulation, including requirements
regarding agency obligations to contract only with responsible
prospective contractors; and
``(iii) Department acquisition management directives; and
``(B) ensures that a fair proportion of Federal contract and
subcontract dollars are rewarded to small businesses, maximizes
opportunities for small business participation, and ensures, to the
extent practicable, that small businesses which achieve qualified
vendor status for security-related technologies have an opportunity to
compete for contracts for such technologies;''.
Page 5, beginning line 5, strike paragraph (4) and insert a new
paragraph entitled ``(4) Strategic Partnerships.''
Page 5, beginning line 10, insert a new paragraph entitled ``(5)
FLETC Details to DHS.''
Committee Votes
Clause 3(b) of Rule XIII of the Rules of the House of
Representatives requires the Committee to list the recorded
votes on the motion to report legislation and amendments
thereto.
No recorded votes were requested during consideration of
H.R. 3842.
Committee Oversight Findings
Pursuant to clause 3(c)(1) of Rule XIII of the Rules of the
House of Representatives, the Committee has held oversight
hearings and made findings that are reflected in this report.
New Budget Authority, Entitlement Authority, and Tax Expenditures
In compliance with clause 3(c)(2) of Rule XIII of the Rules
of the House of Representatives, the Committee finds that H.R.
3842, the Federal Law Enforcement Training Centers Reform and
Improvement Act of 2015, would result in no new or increased
budget authority, entitlement authority, or tax expenditures or
revenues.
Congressional Budget Office Estimate
The Committee adopts as its own the cost estimate prepared
by the Director of the Congressional Budget Office pursuant to
section 402 of the Congressional Budget Act of 1974.
U.S. Congress,
Congressional Budget Office,
Washington, DC, November 13, 2015.
Hon. Michael McCaul,
Chairman, Committee on Homeland Security,
House of Representatives, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for H.R. 3842, the Federal
Law Enforcement Training Centers Reform and Improvement Act of
2015.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Mark
Grabowicz.
Sincerely,
Keith Hall.
Enclosure.
H.R. 3842--Federal Law Enforcement Training Centers Reform and
Improvement Act of 2015
H.R. 3842 would aim to improve the effectiveness of the
Federal Law Enforcement Training Center (FLETC) in the
Department of Homeland Security; FLETC provides training to law
enforcement agencies. FLETC is currently carrying out many
activities similar to those required by the bill, and CBO
estimates that implementing H.R. 3842 would not significantly
affect spending by the center.
Because enacting the legislation would not affect direct
spending or revenues, pay-as-you-go procedures do not apply.
CBO estimates that enacting H.R. 3842 would not increase net
direct spending or on-budget deficits in any of the four
consecutive 10-year periods beginning in 2026.
H.R. 3842 contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act.
The CBO staff contact for this estimate is Mark Grabowicz.
The estimate was approved by H. Samuel Papenfuss, Deputy
Assistant Director for Budget Analysis.
Statement of General Performance Goals and Objectives
Pursuant to clause 3(c)(4) of Rule XIII of the Rules of the
House of Representatives, H.R. 3842 contains the following
general performance goals and objectives, including outcome
related goals and objectives authorized.
The purpose of H.R. 3842, Federal Law Enforcement Training
Centers Reform and Improvement Act of 2015 is to reauthorize
FLETC within the Department of Homeland Security and to codify
important authorities.
Duplicative Federal Programs
Pursuant to clause 3(c) of Rule XIII, the Committee finds
that H.R. 3842 does not contain any provision that establishes
or reauthorizes a program known to be duplicative of another
Federal program.
Congressional Earmarks, Limited Tax Benefits, and Limited Tariff
Benefits
In compliance with Rule XXI of the Rules of the House of
Representatives, this bill, as reported, contains no
congressional earmarks, limited tax benefits, or limited tariff
benefits as defined in clause 9(e), 9(f), or 9(g) of the Rule
XXI.
Federal Mandates Statement
The Committee adopts as its own the estimate of Federal
mandates prepared by the Director of the Congressional Budget
Office pursuant to section 423 of the Unfunded Mandates Reform
Act.
Preemption Clarification
In compliance with section 423 of the Congressional Budget
Act of 1974, requiring the report of any Committee on a bill or
joint resolution to include a statement on the extent to which
the bill or joint resolution is intended to preempt State,
local, or Tribal law, the Committee finds that H.R. 3842 does
not preempt any State, local, or Tribal law.
Disclosure of Directed Rule Makings
The Committee estimates that H.R. 3842 would require no
directed rule makings.
Advisory Committee Statement
Section-by-Section Analysis of the Legislation
Section 1. Short Title.
This section provides that this bill may be cited as the
``Federal Law Enforcement Training Centers Reform and
Improvement Act of 2015''.
Sec. 2. Federal Law Enforcement Training Centers.
Section 2 amends Section 884 of the Homeland Security Act
of 2002.
Sec. 2(a) Establishment.
Section 2(a) establishes the Federal Law Enforcement
Training Centers (FLETC).
Sec. 2(b) Position.
Section 2(b) requires the Director of FLETC to serve a
career reserved position within the Senior Executive Service.
Sec. 2(c) Functions of the Director.
Section 2(c) lays out 10 responsibilities of the Director,
including, but not limited to developing training goals and
curricula, monitoring progress toward strategic and tactical
curricula plans, and coordinating and sharing information with
relevant component heads and offices on digital learning and
training resources.
This subsection also directs the Director of FLETC to
conduct acquisition activities, as formally delegated,
consistent with applicable Federal law, the Federal Acquisition
Regulation, and DHS policy.
The Committee strongly encourages the Director to review
the classification, pay, and fringe benefits of its workforce
and recommend to the appropriate congressional committees any
legislative changes, including changes to the compensation of
FLETC personnel, deemed necessary to recruit new personnel as
well as those transferring from other law enforcement agencies
and retain workers with the skills and experience required to
effectively support FLETC's mission.
Sec. 2(d) Training Responsibilities.
Subsection 2(d) (1) authorizes the Director to provide
training to employees of Federal agencies who are engaged in
security or law enforcement activities. FLETC should ensure
that its training enables law enforcement professionals to
perform their duties in the safest possible manner, at the
highest possible level of proficiency.
This subsection also requires the Director, while carrying
out training, to examine law enforcement training methods,
provide expertise and technical assistance, and to establish a
student performance evaluation process that adheres to the
standards and requirements set forth by FLETC.
Subsection 2(d) (2) directs the Director to consult with
relevant law enforcement and security agencies in the
development of FLETC's training programs.
Subsection 2(d) (3) defines where FLETC training may occur.
FLETC training may occur, but is not limited to its four main
locations in Glynco, Georgia, Artesia, New Mexico, Charleston,
South Carolina, and Cheltenham, Maryland.
Subsection 2(d) (4) authorizes the Director to execute
strategic partnerships with state and local law enforcement.
While executing strategic partnerships, the Committee
encourages the promotion of interoperability, increased
cooperation and intelligence-sharing in the field.
Subsection 2(d) (5) authorizes the Director to detail FLETC
employees to positions throughout the Department.
Subsection 2(d) (6) through subsection 2(d) (12) provides
for non-reimbursable detailed instructors to FLETC; lays out
partner organization expense requirements; authorizes the
Director to charge and retain fees for certain training;
authorizes the Director to reimburse certain expenses;
authorizes the Director to provide certain support to students;
authorizes the Director to hire federal annuitants; and,
provides for reimbursement of travel expenses for intermittent
Federal employees.
Sec. 2(e) FLETC Housing.
Section 2(e) requires, when possible, students to reside at
FLETC-provided housing.
Sec. 2(f) Additional Fiscal Authorities.
Section 2(f) authorizes the Director to expend funds for
public awareness and community support, and obligate funds in
anticipation of reimbursements, among other items.
Additionally, this section allows FLETC to expend funds to
honor and memorialize graduates who have died in the line of
duty.
Sec. 2(g) Definitions.
Section 2(g) defines the terms: basic training; detailed
instructors; Director; distributed learning; employee; Federal
agency; law enforcement personnel; local; partner organization;
state; and, student intern.
Sec. 2(h) Prohibition on New Funding.
Section 2(h) prohibits authorization of new funds to carry
out section 2 of the bill. Existing appropriations will be used
to carry out the requirements of the Act.
Changes in Existing Law Made by the Bill, as Reported
In compliance with clause 3(e) of rule XIII of the Rules of
the House of Representatives, changes in existing law made by
the bill, as reported, are shown as follows (existing law
proposed to be omitted is enclosed in black brackets, new
matter is printed in italic, and existing law in which no
change is proposed is shown in roman):
HOMELAND SECURITY ACT OF 2002
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Homeland
Security Act of 2002''.
(b) Table of Contents.--The table of contents for this Act is
as follows:
* * * * * * *
TITLE VIII--COORDINATION WITH NON-FEDERAL ENTITIES; INSPECTOR GENERAL;
UNITED STATES SECRET SERVICE; COAST GUARD; GENERAL PROVISIONS
* * * * * * *
Subtitle H--Miscellaneous Provisions
* * * * * * *
[Sec. 884. Federal Law Enforcement Training Center.]
Sec. 884. Federal Law Enforcement Training Centers.
* * * * * * *
TITLE VIII--COORDINATION WITH NON-FEDERAL ENTITIES; INSPECTOR GENERAL;
UNITED STATES SECRET SERVICE; COAST GUARD; GENERAL PROVISIONS
* * * * * * *
Subtitle H--Miscellaneous Provisions
* * * * * * *
[SEC. 884. FEDERAL LAW ENFORCEMENT TRAINING CENTER.
[(a) In General.--The transfer of an authority or an agency
under this Act to the Department of Homeland Security does not
affect training agreements already entered into with the
Federal Law Enforcement Training Center with respect to the
training of personnel to carry out that authority or the duties
of that transferred agency.
[(b) Continuity of Operations.--All activities of the Federal
Law Enforcement Training Center transferred to the Department
of Homeland Security under this Act shall continue to be
carried out at the locations such activities were carried out
before such transfer.
[(c) Acceptance and Use of Gifts.--The Federal Law
Enforcement Training Center may accept and use gifts of
property, both real and personal, and accept services, for
authorized purposes.]
SEC. 884. FEDERAL LAW ENFORCEMENT TRAINING CENTERS.
(a) Establishment.--The Secretary shall maintain in the
Department the Federal Law Enforcement Training Centers
(FLETC), headed by a Director, who shall report to the
Secretary.
(b) Position.--The Director shall occupy a career-reserved
position within the Senior Executive Service.
(c) Functions of the Director.--The Director shall--
(1) develop training goals and establish strategic
and tactical organizational program plan and
priorities;
(2) provide direction and management for FLETC's
training facilities, programs, and support activities
while ensuring that organizational program goals and
priorities are executed in an effective and efficient
manner;
(3) develop homeland security and law enforcement
training curricula, including curricula related to
domestic preparedness and response to threats or acts
of terrorism, for Federal, State, local, tribal,
territorial, and international law enforcement and
security agencies and private sector security agencies;
(4) monitor progress toward strategic and tactical
FLETC plans regarding training curricula, including
curricula related to domestic preparedness and response
to threats or acts of terrorism, and facilities;
(5) ensure the timely dissemination of homeland
security information as necessary to Federal, State,
local, tribal, territorial, and international law
enforcement and security agencies and the private
sector to achieve the training goals for such entities,
in accordance with paragraph (1);
(6) carry out acquisition responsibilities in a
manner that--
(A) fully complies with--
(i) Federal law;
(ii) the Federal Acquisition
Regulation, including requirements
regarding agency obligations to
contract only with responsible
prospective contractors; and
(iii) Department acquisition
management directives; and
(B) ensures that a fair proportion of Federal
contract and subcontract dollars are awarded to
small businesses, maximizes opportunities for
small business participation, and ensures, to
the extent practicable, that small businesses
which achieve qualified vendor status for
security-related technologies have an
opportunity to compete for contracts for such
technologies;
(7) coordinate and share information with the heads
of relevant components and offices on digital learning
and training resources, as appropriate;
(8) advise the Secretary on matters relating to
executive level policy and program administration of
Federal, State, local, tribal, territorial, and
international law enforcement and security training
activities and private sector security agency training
activities, including training activities related to
domestic preparedness and response to threats or acts
of terrorism;
(9) collaborate with the Secretary and relevant
officials at other Federal departments and agencies, as
appropriate, to improve international instructional
development, training, and technical assistance
provided by the Federal Government to foreign law
enforcement; and
(10) carry out such other functions as the Secretary
determines are appropriate.
(d) Training Responsibilities.--
(1) In general.--The Director is authorized to
provide training to employees of Federal agencies who
are engaged, directly or indirectly, in homeland
security operations or Federal law enforcement
activities, including such operations or activities
related to domestic preparedness and response to
threats or acts of terrorism. In carrying out such
training, the Director shall--
(A) evaluate best practices of law
enforcement training methods and curriculum
content to maintain state-of-the-art expertise
in adult learning methodology;
(B) provide expertise and technical
assistance, including on domestic preparedness
and response to threats or acts of terrorism,
to Federal, State, local, tribal, territorial,
and international law enforcement and security
agencies and private sector security agencies;
and
(C) maintain a performance evaluation process
for students.
(2) Relationship with law enforcement agencies.--The
Director shall consult with relevant law enforcement
and security agencies in the development and delivery
of FLETC's training programs.
(3) Training delivery locations.--The training
required under paragraph (1) may be conducted at FLETC
facilities, at appropriate off-site locations, or by
distributed learning.
(4) Strategic partnerships.--
(A) In general.--The Director may--
(i) execute strategic partnerships
with State and local law enforcement to
provide such law enforcement with
specific training, including maritime
law enforcement training; and
(ii) coordinate with the Under
Secretary responsible for overseeing
critical infrastructure protection,
cybersecurity, and other related
programs of the Department and with
private sector stakeholders, including
critical infrastructure owners and
operators, to provide training
pertinent to improving coordination,
security, and resiliency of critical
infrastructure.
(B) Provision of information.--The Director
shall provide to the Committee on Homeland
Security of the House of Representatives and
the Committee on Homeland Security and
Governmental Affairs of the Senate, upon
request, information on activities undertaken
in the previous year pursuant to subparagraph
(A).
(5) FLETC details to dhs.--The Director may detail
employees of FLETC to positions throughout the
Department in furtherance of improving the
effectiveness and quality of training provided by the
Department and, as appropriate, the development of
critical departmental programs and initiatives.
(6) Detail of instructors to fletc.--Partner
organizations that wish to participate in FLETC
training programs shall assign non-reimbursable
detailed instructors to FLETC for designated time
periods to support all training programs at FLETC, as
appropriate. The Director shall determine the number of
detailed instructors that is proportional to the number
of training hours requested by each partner
organization scheduled by FLETC for each fiscal year.
If a partner organization is unable to provide a
proportional number of detailed instructors, such
partner organization shall reimburse FLETC for the
salary equivalent for such detailed instructors, as
appropriate.
(7) Partner organization expenses requirements.--
(A) In general.--Partner organizations shall
be responsible for the following expenses:
(i) Salaries, travel expenses,
lodging expenses, and miscellaneous per
diem allowances of their personnel
attending training courses at FLETC.
(ii) Salaries and travel expenses of
instructors and support personnel
involved in conducting advanced
training at FLETC for partner
organization personnel and the cost of
expendable supplies and special
equipment for such training, unless
such supplies and equipment are common
to FLETC-conducted training and have
been included in FLETC's budget for the
applicable fiscal year.
(B) Excess basic and advanced federal
training.--All hours of advanced training and
hours of basic training provided in excess of
the training for which appropriations were made
available shall be paid by the partner
organizations and provided to FLETC on a
reimbursable basis in accordance with section
4104 of title 5, United States Code.
(8) Provision of non-federal training.--
(A) In general.--The Director is authorized
to charge and retain fees that would pay for
its actual costs of the training for the
following:
(i) State, local, tribal, and
territorial law enforcement personnel.
(ii) Foreign law enforcement
officials, including provision of such
training at the International Law
Enforcement Academies wherever
established.
(iii) Private sector security
officers, participants in the Federal
Flight Deck Officer program under
section 44921 of title 49, United
States Code, and other appropriate
private sector individuals.
(B) Waiver.--The Director may waive the
requirement for reimbursement of any cost under
this section and shall maintain records
regarding the reasons for any requirements so
waived.
(9) Reimbursement.--The Director is authorized to
reimburse travel or other expenses for non-Federal
personnel who attend activities related to training
sponsored by FLETC, at travel and per diem rates
established by the General Services Administration.
(10) Student support.--In furtherance of its training
mission, the Director is authorized to provide the
following support to students:
(A) Athletic and related activities.
(B) Short-term medical services.
(C) Chaplain services.
(11) Authority to hire federal annuitants.--
(A) In general.--Notwithstanding any other
provision of law, the Director is authorized to
appoint and maintain, as necessary, Federal
annuitants who have expert knowledge and
experience to meet the training
responsibilities under this subsection.
(B) No reduction in retirement pay.--A
Federal annuitant employed pursuant to this
paragraph shall not be subject to any reduction
in pay for annuity allocable to the period of
actual employment under the provisions of
section 8344 or 8468 of title 5, United States
Code, or similar provision of any other
retirement system for employees.
(C) Re-employed annuitants.--A Federal
annuitant employed pursuant to this paragraph
shall not be considered an employee for
purposes of subchapter III of chapter 83 or
chapter 84 of title 5, United States Code, or
such other retirement system (referred to in
subparagraph (B)) as may apply.
(D) Counting.--Federal annuitants shall be
counted on a full time equivalent basis.
(E) Limitation.--No appointment under this
paragraph may be made which would result in the
displacement of any employee.
(12) Travel for intermittent employees.--The Director
is authorized to reimburse intermittent Federal
employees traveling from outside a commuting distance
(to be predetermined by the Director) for travel
expenses and to compensate such employees for time
spent traveling from their homes to work sites.
(e) On-FLETC Housing.--Notwithstanding any other provision of
law, individuals attending training at any FLETC facility
shall, to the extent practicable and in accordance with FLETC
policy, reside in on-FLETC or FLETC-provided housing.
(f) Additional Fiscal Authorities.--In order to further the
goals and objectives of FLETC, the Director is authorized to--
(1) expend funds for public awareness and to enhance
community support of law enforcement training,
including the advertisement of available law
enforcement training programs;
(2) accept and use gifts of property, both real and
personal, and to accept gifts of services, for purposes
that promote the functions of the Director pursuant to
subsection (c) and the training responsibilities of the
Director under subsection (d);
(3) accept reimbursement from other Federal agencies
for the construction or renovation of training and
support facilities and the use of equipment and
technology on government owned-property;
(4) obligate funds in anticipation of reimbursements
from agencies receiving training at FLETC, except that
total obligations at the end of a fiscal year may not
exceed total budgetary resources available at the end
of such fiscal year;
(5) in accordance with the purchasing authority
provided under section 505 of the Department of
Homeland Security Appropriations Act, 2004 (Public Law
108-90; 6 U.S.C. 453a)--
(A) purchase employee and student uniforms;
and
(B) purchase and lease passenger motor
vehicles, including vehicles for police-type
use;
(6) provide room and board for student interns; and
(7) expend funds each fiscal year to honor and
memorialize FLETC graduates who have died in the line
of duty.
(g) Definitions.--In this section:
(1) Basic training.--The term ``basic training''
means the entry-level training required to instill in
new Federal law enforcement personnel fundamental
knowledge of criminal laws, law enforcement and
investigative techniques, laws and rules of evidence,
rules of criminal procedure, constitutional rights,
search and seizure, and related issues.
(2) Detailed instructors.--The term ``detailed
instructors'' means personnel who are assigned to the
Federal Law Enforcement Training Centers for a period
of time to serve as instructors for the purpose of
conducting basic and advanced training.
(3) Director.--The term ``Director'' means the
Director of the Federal Law Enforcement Training
Centers.
(4) Distributed learning.--The term ``distributed
learning'' means education in which students take
academic courses by accessing information and
communicating with the instructor, from various
locations, on an individual basis, over a computer
network or via other technologies.
(5) Employee.--The term ``employee'' has the meaning
given such term in section 2105 of title 5, United
States Code.
(6) Federal agency.--The term ``Federal agency''
means--
(A) an Executive Department as defined in
section 101 of title 5, United States Code;
(B) an independent establishment as defined
in section 104 of title 5, United States Code;
(C) a Government corporation as defined in
section 9101 of title 31, United States Code;
(D) the Government Printing Office;
(E) the United States Capitol Police;
(F) the United States Supreme Court Police;
and
(G) Government agencies with law enforcement
related duties.
(7) Law enforcement personnel.--The term ``law
enforcement personnel'' means an individual, including
criminal investigators (commonly known as ``agents'')
and uniformed police (commonly known as ``officers''),
who has statutory authority to search, seize, make
arrests, or to carry firearms.
(8) Local.--The term ``local'' means--
(A) of or pertaining to any county, parish,
municipality, city, town, township, rural
community, unincorporated town or village,
local public authority, educational
institution, special district, intrastate
district, council of governments (regardless of
whether the council of governments is
incorporated as a nonprofit corporation under
State law), regional or interstate government
entity, any agency or instrumentality of a
local government, or any other political
subdivision of a State; and
(B) an Indian tribe or authorized tribal
organization, or in Alaska a Native village or
Alaska Regional Native Corporation.
(9) Partner organization.--The term ``partner
organization'' means any Federal agency participating
in FLETC's training programs under a formal memorandum
of understanding.
(10) State.--The term ``State'' means any State of
the United States, the District of Columbia, the
Commonwealth of Puerto Rico, the Virgin Islands, Guam,
American Samoa, the Commonwealth of the Northern
Mariana Islands, and any possession of the United
States.
(11) Student intern.--The term ``student intern''
means any eligible baccalaureate or graduate degree
student participating in FLETC's College Intern
Program.
(h) Prohibition on New Funding.--No funds are authorized to
carry out this section. This section shall be carried out using
amounts otherwise appropriated or made available for such
purpose.
* * * * * * *
Committee Correspondence
House of Representatives,
Committee on the Judiciary,
Washington, DC, November 19, 2015.
Hon. Michael McCaul,
Chairman, Committee on Homeland Security,
Washington, DC.
Dear Chairman McCaul: I am writing concerning H.R. 3842,
the ``Federal Law Enforcement Training Centers Reform and
Improvement Act of 2015.'' As a result of your having consulted
with us on provisions in H.R. 3842 that fall within the Rule X
jurisdiction of the Committee on the Judiciary, I agree to
discharge our Committee from further consideration of this bill
so that it may proceed expeditiously to the House floor for
consideration.
The Judiciary Committee takes this action with our mutual
understanding that by foregoing consideration of H.R. 3842 at
this time, we do not waive any jurisdiction over subject matter
contained in this or similar legislation, and that our
Committee will be appropriately consulted and involved as this
bill or similar legislation moves forward so that we may
address any remaining issues in our jurisdiction. Our Committee
also reserves the right to seek appointment of an appropriate
number of conferees to any House-Senate conference involving
this or similar legislation, and asks that you support any such
request.
I would appreciate your response to this letter confirming
this understanding with respect to H.R. 3842, and would ask
that a copy of our exchange of letters on this matter be
included in the Congressional Record during floor
consideration.
Sincerely,
Bob Goodlatte,
Chairman.
----------
House of Representatives,
Committee on Homeland Security,
Washington, DC, November 19, 2015.
Hon. Bob Goodlatte,
Chairman, Committee on the Judiciary,
Washington, DC.
Dear Chairman Goodlatte: Thank you for your letter
regarding HR. 3842, the ``Federal Law Enforcement Training
Centers Reform and Improvement Act of 2015.'' I acknowledge
that by forgoing action on this legislation your Committee is
not diminishing or altering its jurisdiction.
I also concur with you that forgoing action on this bill
does not in any way prejudice the Committee on the Judiciary
with respect to its jurisdictional prerogatives on this bill or
similar legislation in the future. Furthermore, I would support
your effort to seek appointment of an appropriate number of
conferees to any House-Senate conference involving this or
similar legislation.
I will include copies of this exchange in the Congressional
Record during consideration of this measure on the House floor.
I appreciate your cooperation regarding H.R. 3842, and I look
forward to working with the Committee on the Judiciary as the
bill moves through the legislative process.
Sincerely,
Michael T. McCaul,
Chairman, Committee on Homeland Security.
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