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Buddy C.
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  • Federal Law Enforcement Training Centers Reform and Improvement Act of 2015

    by Representative Earl L. "Buddy" Carter

    Posted on 2015-12-08

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    CARTER of Georgia. Mr. Speaker, I move to suspend the rules and pass 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, as amended.



    The Clerk read the title of the bill.

    The text of the bill is as follows: H.R. 3842 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, 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 [[Page H9038]] 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.''.

    [[Page H9039]] The SPEAKER pro tempore (Mr. Kelly of Mississippi). Pursuant to the rule, the gentleman from Georgia (Mr. Carter) and the gentlewoman from California (Mrs. Torres) each will control 20 minutes.

    The Chair recognizes the gentleman from Georgia.

    General Leave Mr. CARTER of Georgia. Mr. Speaker, I ask unanimous consent that all Members have 5 legislative days within which to revise and extend their remarks and include any extraneous material on the bill under consideration.

    The SPEAKER pro tempore. Is there objection to the request of the gentleman from Georgia? There was no objection.

    Mr. CARTER of Georgia. Mr. Speaker, I yield myself such time as I may consume.

    Mr. Speaker, I rise today in strong support of H.R. 3842, the Federal Law Enforcement Training Centers Reform and Improvement Act of 2015. This important bipartisan legislation reforms and improves the Federal Law Enforcement Training Centers, FLETC, in the Department of Homeland Security.

    Established in 1970, FLETC aimed at providing basic and advanced training to Federal law enforcement personnel.

    FLETC now serves as an interagency law enforcement training organization for Federal, State, local, rural, tribal, territorial, and international law enforcement personnel with over 90 partner organizations.

    Since 2003 and FLETC's transfer from the Treasury Department, no legislation has been introduced to reauthorize FLETC within the Department of Homeland Security.

    {time} 1315 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 strengthens the role of the Director of FLETC and improves training practices by codifying important authorities, including, but not limited to, listing functions and training responsibilities to be carried out by the Director, FLETC, and partner organizations.

    With daily threats nationwide, this legislation supports FLETC's mission of providing world-class, expert training that can quickly adapt to emerging threats and training needs.

    I wish to thank my colleague, Mrs. Torres, for her hard work and collaboration on this bill. I also appreciate Chairmen Goodlatte and Shuster for their cooperation.

    I urge all Members to join me in supporting this legislation.

    Mr. Speaker, I reserve the balance of my time.

    Committee on Transportation and Infrastructure, House of Representatives, Washington, DC, December 8, 2015.

    Hon. Michael T. McCaul, Chairman, Committee on Homeland Security, Washington, DC.

    Dear Chairman McCaul: I write concerning H.R. 3842, the ``Federal Law Enforcement Training Centers Reform and Improvement Act of 2015''. This legislation includes matters that I believe fall within the Rule X jurisdiction of the Committee on Transportation and Infrastructure.

    In order to expedite Floor consideration of H.R. 3842, the Committee on Transportation and Infrastructure agrees to forgo action on this bill. However, this is conditional on our mutual understanding that forgoing consideration of the bill would not prejudice the Committee with respect to the appointment of conferees or to any future jurisdictional claim over the subject matters contained in the bill or similar legislation that fall within the Committee's Rule X jurisdiction.

    I request that you please place a copy of this letter and your response acknowledging our jurisdictional interest into the Congressional Record.

    Sincerely, Bill Shuster, Chairman.

    ____ House of Representatives, Committee on Homeland Security, Washington, DC, December 8, 2015.

    Hon. Bill Shuster, Chairman, Transportation and Infrastructure Committee, Washington, DC.

    Dear Chairman Shuster, Thank you for your interest in H.R. 3842, the ``Federal Law Enforcement Training Centers Reform and Improvement Act of 2015.'' I appreciate your cooperation in allowing the bill to move expeditiously under suspension of the House Rules on December 8, 2015. Because your assertion of jurisdictional interest was raised after the report for H.R. 3842 was filed, the Parliamentarians were not able render an official decision as to any jurisdictional claim the Transportation and Infrastructure Committee may have had.

    I agree that the absence of a decision on this bill will not prejudice any claim the Transportation and Infrastructure Committee may have had, or may have with respect to similar measures in the future.

    A copy of this letter will be entered into the Congressional Record.

    Sincerely, Michael T. McCaul, Chairman.

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