[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 2158 Introduced in Senate (IS)]








109th CONGRESS
  1st Session
                                S. 2158

To establish a National Homeland Security Academy within the Department 
                         of Homeland Security.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           December 21, 2005

 Mr. Lieberman (for himself and Ms. Collins) introduced the following 
 bill; which was read twice and referred to the Committee on Homeland 
                   Security and Governmental Affairs

_______________________________________________________________________

                                 A BILL


 
To establish a National Homeland Security Academy within the Department 
                         of Homeland Security.

    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 ``National Homeland Security Academy 
Act of 2005''.

SEC. 2. FINDINGS.

    Congress finds that--
            (1) homeland security poses a complex challenge for the 
        Nation that can only be successfully addressed by the combined 
        effort of Federal, State, and local governments and the private 
        sector;
            (2) the United States fields a dedicated workforce to 
        provide homeland security, but lacks a coordinated homeland 
        security education system that links a strategy-based education 
        with hands on training and real time simulation, and fails to 
        make such a system available to the appropriate government and 
        private sector personnel on a wide scale;
            (3) officials at all levels of government should understand 
        the strategic mission of the Department of Homeland Security, 
        and have access to continuing education and hands-on training 
        exercises;
            (4) the development of a program of professional education 
        and training that links strategy and training, and coordinates 
        current training among the many academies and training 
        facilities that fall under the jurisdiction of the Department 
        of Homeland Security, is essential to meeting the goals and 
        intent of the Homeland Security Act of 2002;
            (5) lessons learned from the Department of Homeland 
        Security's Top Official Exercises (TOPOFF), and the tragedy of 
        Hurricane Katrina, demonstrate there is a need to build up 
        institutional knowledge within the Department and cultivate 
        leaders capable of guiding the Department and the Nation when 
        catastrophic incidents occur;
            (6) modern information technologies provide uniquely 
        powerful tools for ensuring that material is presented in a way 
        that facilitates rapid and effective learning for a diverse 
        student body, material being taught is continuously upgraded 
        and reviewed, and training is available anytime and anywhere it 
        is needed; and
            (7) as the Homeland Security Act of 2002 brought together a 
        number of Federal agencies with specific and often nonrelated 
        functions to form a single department, the National Homeland 
        Security Academy will draw upon the expertise of a variety of 
        existing academic institutions and innovative programs to 
        educate our homeland security workforce.

SEC. 3. ESTABLISHMENT OF NATIONAL HOMELAND SECURITY ACADEMY.

    (a) In General.--Title VIII of the Homeland Security Act of 2002 (6 
U.S.C. 361 et seq.) is amended by adding after section 801 the 
following:

``SEC. 802. NATIONAL HOMELAND SECURITY ACADEMY.

    ``(a) Establishment.--
            ``(1) In general.--The Secretary--
                    ``(A) shall establish the National Homeland 
                Security Academy (referred to in this section as the 
                `Academy') within the Office of State and Local 
                Government Coordination and Preparedness of the 
                Department; and
                    ``(B) may enter into cooperative agreements with 
                other agencies or entities to utilize space and provide 
                for the lease of real property for the Academy or any 
                component of the Academy.
            ``(2) Composition.--The Academy shall consist of--
                    ``(A) the National Homeland Security Education and 
                Strategy Center (referred to in this section as the 
                `Strategy Center') to provide fundamental instruction 
                and develop a homeland security curriculum focusing 
                primarily on the Federal Government's overall strategy, 
                goals, methods, and techniques;
                    ``(B) a communications network capable of 
                delivering distance learning opportunities, at the 
                direction of the Strategy Center;
                    ``(C) the programs of the Office of State and Local 
                Government Coordination and Preparedness' Center for 
                Homeland Defense and Security located at the Naval 
                Postgraduate School, and such programs shall be 
                incorporated into the Academy in a manner to be 
                determined by the Secretary; and
                    ``(D) the National Homeland Security Education 
                Network, which--
                            ``(i) shall be composed of representatives 
                        from all of the academies and training centers 
                        within the jurisdiction of the Department;
                            ``(ii) shall work with the Academy to 
                        develop a standardized homeland security 
                        curriculum to be incorporated, as appropriate, 
                        at each academy and training center to ensure 
                        that the focus of the individual centers is 
                        coordinated with the centralized educational 
                        strategies and goals of the Academy; and
                            ``(iii) shall not affect the respective 
                        missions and goals of the participating 
                        academies and training centers.
            ``(3) Mission.--The mission of the Academy shall be to--
                    ``(A) establish an educational system to--
                            ``(i) cultivate leaders in homeland 
                        security; and
                            ``(ii) ensure that Federal, State, local, 
                        tribal, and private sector officials get the 
                        full range of skills needed to provide robust 
                        homeland security;
                    ``(B) provide strategic education and training to 
                carry out the missions of the Department of Homeland 
                Security;
                    ``(C) provide cross-disciplinary and joint 
                education and training to Federal, State, and local 
                government officials responsible for the direct 
                application and execution of vital homeland security 
                missions; and
                    ``(D) focus primarily on shorter-term classes and 
                exercises to maximize participation by the homeland 
                security community.
            ``(4) Enrollment target.--
                    ``(A) In general.--The Strategy Center shall have 
                an initial annual enrollment target of 1,000 resident 
                students, as described in subsection (b)(3)(A).
                    ``(B) Non-resident students.--The enrollment target 
                under subparagraph (A) does not include non-resident 
                students, including students who participate in 
                electronic learning systems.
            ``(5) Responsibilities.--
                    ``(A) In general.--In addition to providing 
                traditional course work and hands-on training 
                exercises, the Academy shall encourage the development 
                and use of modern technology to ensure that the 
                training offered at the Academy, and to organizations 
                and individuals receiving instruction over electronic 
                learning systems--
                            ``(i) is tailored to the unique needs of 
                        the individuals and groups that need training;
                            ``(ii) efficiently uses such technology; 
                        and
                            ``(iii) translates directly into practical 
                        skills.
                    ``(B) Instructional materials.--The Academy shall 
                develop instructional requirements for courses related 
                to its mission that are supported with materials that 
                are adequately reviewed and continuously updated.
                    ``(C) Certification.--
                            ``(i) In general.--The Academy may 
                        establish certification criteria for students 
                        in areas related to its mission, in 
                        consultation with the Network established under 
                        subsection (e).
                            ``(ii) Recertification.--The criteria 
                        established under clause (i) shall include 
                        requirements for recertification and ensure the 
                        availability of needed assessment tools.
                    ``(D) Information repository.--The Academy shall 
                provide a repository of approved instructional 
                materials, instructional software, and other materials 
                that are easily accessible by participants.
                    ``(E) Communication networks.--The Academy shall 
                certify, and operate, if necessary, a secure, reliable 
                communication system capable of delivering 
                instructional materials to participants at any time and 
                place.
                    ``(F) Instruction and expertise.--The Academy shall 
                certify instructors, experts, counselors, and other 
                individuals who can provide answers and advice to 
                students over communication systems.
            ``(6) Strategy center.--
                    ``(A) Responsibilities.--The Strategy Center 
                shall--
                            ``(i) provide curriculum development and 
                        classroom instruction for resident students 
                        that focus on the strategic goals, methods, and 
                        techniques for homeland security;
                            ``(ii) provide instruction--
                                    ``(I) primarily to Federal 
                                employees described under subsection 
                                (b)(3)(A) with homeland security 
                                responsibilities; and
                                    ``(II) to small numbers of State 
                                and local government officials and 
                                private individuals; and
                            ``(iii) direct the operation of the 
                        Academy's electronic learning systems.
                    ``(B) Curriculum.--The curriculum taught at the 
                Strategy Center shall--
                            ``(i) include basic education about 
                        homeland security, the Department, and the 
                        relationship of the directorates within the 
                        Department;
                            ``(ii) include the relationship between the 
                        Department and other Federal, State, and local 
                        agencies with homeland security 
                        responsibilities; and
                            ``(iii) be developed with assistance from 
                        the National Homeland Security Education 
                        Network.
    ``(b) Administration.--
            ``(1) Executive director.--The Secretary shall appoint an 
        Executive Director for the Academy, who shall--
                    ``(A) administer the operations of the Academy;
                    ``(B) establish an Academic Board, to be headed by 
                the Dean of the Academic Board, appointed under 
                paragraph (2);
                    ``(C) hire initial staff and faculty, as 
                appropriate and necessary;
                    ``(D) contract with practitioners and experts, as 
                appropriate, to supplement academic instruction;
                    ``(E) make recommendations to the Secretary 
                regarding long-term staffing and funding levels for the 
                Academy; and
                    ``(F) report to the Executive Director of the 
                Office of State and Local Government Coordination and 
                Preparedness.
            ``(2) Dean of the academic board.--The Executive Director 
        shall appoint, with the approval of the Secretary, a permanent 
        professor to serve as Dean of the Academic Board and perform 
        such duties as the Executive Director may prescribe.
            ``(3) Director of admissions.--The Executive Director shall 
        appoint, with the approval of the Secretary, a Director of 
        Admissions, who shall--
                    ``(A) grant admission to the Strategy Center to--
                            ``(i) new employees of the Department, who 
                        have clear homeland security responsibilities;
                            ``(ii) mid-level executive employees of the 
                        Department, including employees that receive 
                        academy or other training, who demonstrate a 
                        need for cross-disciplinary or advanced 
                        education and training and have been endorsed 
                        by the appropriate Under Secretary;
                            ``(iii) other Federal employees with 
                        homeland security responsibilities who have 
                        been endorsed by the head of their agency;
                            ``(iv) State and local employees who--
                                    ``(I) demonstrate a clear 
                                responsibility for providing homeland 
                                security; and
                                    ``(II) possess the nomination of 
                                the Governor of their State, or Head of 
                                applicable jurisdiction; and
                            ``(v) private sector applicants who 
                        demonstrate a clear responsibility for 
                        providing homeland security;
                    ``(B) ensure that students from each level of 
                government and the private sector are included in all 
                programs and classes, whenever appropriate; and
                    ``(C) perform such duties as the Executive Director 
                may prescribe.
    ``(c) Board of Visitors.--
            ``(1) Establishment.--Before the Academy admits any 
        students, the Secretary shall establish a Board of Visitors (in 
        this section referred to as the `Board') to--
                    ``(A) assist in the development of curriculum and 
                programs at the Academy; and
                    ``(B) recommend the site for the location of the 
                Strategy Center.
            ``(2) Membership.--
                    ``(A) Composition.--The Board will be composed of--
                            ``(i) the Secretary, or designee, who shall 
                        serve as chair;
                            ``(ii) the Executive Director of the 
                        Academy, or designee, who shall be a nonvoting 
                        member;
                            ``(iii) the Chairman of the Committee on 
                        Homeland Security and Governmental Affairs of 
                        the Senate, or designee;
                            ``(iv) the Ranking Member of the Committee 
                        on Homeland Security and Governmental Affairs 
                        of the Senate, or designee;
                            ``(v) the Chairman of the Committee on 
                        Homeland Security of the House of 
                        Representatives, or designee;
                            ``(vi) the Ranking Member of the Committee 
                        on Homeland Security of the House of 
                        Representatives, or designee;
                            ``(vii) the Secretary of Health and Human 
                        Services, or designee;
                            ``(viii) the Secretary of Defense, or 
                        designee;
                            ``(ix) the Secretary of Education, or 
                        designee;
                            ``(x) the Secretary of Transportation, or 
                        designee;
                            ``(xi) the Director of the Federal Bureau 
                        of Investigation, or designee;
                            ``(xii) 4 persons, who shall be appointed 
                        by the Secretary for 2-year terms to represent 
                        State and local governments; and
                            ``(xiii) 4 persons, who shall be appointed 
                        by the Secretary for 2-year terms to represent 
                        first responders.
                    ``(B) Prohibition.--Any person described under 
                subparagraph (A), whose membership on the Board would 
                create a conflict of interest, shall not serve as a 
                member of the Board.
                    ``(C) Vacancies.--If a member of the Board dies or 
                resigns from office, the official who designated the 
                member shall designate a successor for the unexpired 
                portion of the term.
            ``(3) Duties.--
                    ``(A) Academy visits.--The Board shall visit the 
                Academy not less than annually, and may, with the 
                approval of the Secretary, make other visits to the 
                Academy in connection with the duties of the Board or 
                to consult with the Executive Director of the Academy.
                    ``(B) Inquiries.--The Board shall inquire into the 
                curriculum, instruction, physical equipment, fiscal 
                affairs, academic methods, student body composition, 
                and other matters relating to the Academy that the 
                Board decides to consider.
                    ``(C) Reports.--
                            ``(i) Annual report.--Not later than 60 
                        days after each annual visit, the Board shall 
                        submit a written report to the Secretary, which 
                        describes its action, and of its views and 
                        recommendations pertaining to the Academy.
                            ``(ii) Additional reports.--Any report of a 
                        visit, other than the annual visit, shall, if 
                        approved by a majority of the members of the 
                        Board, be submitted to the Secretary not later 
                        than 60 days after the approval.
            ``(4) Travel expenses.--The members of the Board shall be 
        allowed travel expenses, including per diem in lieu of 
        subsistence, at rates authorized for employees of agencies 
        under subchapter I of chapter 57 of title 5, United States 
        Code, while away from their homes or regular places of business 
        in the performance of services for the Board.
    ``(d) Reports to Congress.--
            ``(1) Curriculum and attendance.--The Secretary shall 
        submit an annual report that describes the curriculum of, and 
        enrollment at, the Academy to--
                    ``(A) the Committee on Homeland Security and 
                Governmental Affairs of the Senate; and
                    ``(B) the Committee on Homeland Security of the 
                House of Representatives.
            ``(2) Feasibility report.--Not later than 1 year after the 
        establishment of the Academy, the Secretary shall submit a 
        report to the Committee on Homeland Security and Governmental 
        Affairs of the Senate and the Committee on Homeland Security of 
        the House of Representatives that--
                    ``(A) recommends an appropriate combination of 
                students from Federal, State, and local government and 
                the private sector, and the percentage of costs related 
                to the education of each of these student groups that 
                should be reimbursable;
                    ``(B) describes the feasibility of expanding the 
                Academy in regional offices established by the 
                Department or other government or university programs 
                to provide ongoing education and training for Federal 
                employees with homeland security responsibilities; and
                    ``(C) describes the feasibility of providing 
                education for the general public through electronic 
                learning systems.
    ``(e) National Homeland Security Education Network.--
            ``(1) Establishment.--The Executive Director of the Academy 
        shall establish a National Homeland Security Education Network 
        (referred to in this section as the `Network'), as described 
        under subsection (a)(2)(B).
            ``(2) Membership.--The Network shall be comprised of 
        representatives from Federal training and certification 
        organizations, including--
                    ``(A) the National Homeland Security Academy;
                    ``(B) the Office of Domestic Preparedness;
                    ``(C) the National Domestic Preparedness 
                Consortium;
                    ``(D) the Center for Homeland Defense and Security 
                at the Naval Postgraduate School;
                    ``(E) the Federal Law Enforcement Training Center, 
                including all schools or training and education 
                programs managed or co-located with the Center;
                    ``(F) the Customs and Border Protection Academy;
                    ``(G) the Border Patrol Academy;
                    ``(H) the Bureau of Immigration and Customs 
                Enforcement Academy;
                    ``(I) the Secret Service Academy;
                    ``(J) the United States Coast Guard Academy, 
                including all schools within the jurisdiction of the 
                Coast Guard Academy;
                    ``(K) the Emergency Management Institute;
                    ``(L) the Animal and Plant Health Inspection 
                Service Training Program;
                    ``(M) the Federal Air Marshal Training Center;
                    ``(N) the National Fire Academy; and
                    ``(O) other relevant training facilities within the 
                Department.
            ``(3) Curriculum requirements.--The curriculum and course 
        work developed as part of the Network shall be incorporated 
        into the curriculum of the institutions listed under paragraph 
        (2), as appropriate, to ensure that students at these 
        institutions understand how their homeland security 
        responsibilities relate to other homeland security 
        responsibilities in the Department and other Federal, State, 
        and local agencies. The training centers and academies listed 
        under paragraph (2) shall retain their respective missions and 
        goals.
            ``(4) Semi-annual meetings.--The Executive Director and the 
        Dean of the Academic Board shall meet with the Network not less 
        than once every 6 months to--
                    ``(A) discuss curriculum requirements; and
                    ``(B) coordinate training activities within the 
                Network.
            ``(5) Reports.--Not later than 2 years after the date of 
        enactment of this section, and every 2 years thereafter, the 
        Network shall submit a report to the Committee on Homeland 
        Security and Governmental Affairs of the Senate and the 
        Committee on Homeland Security of the House of Representatives, 
        which describes the Network's--
                    ``(A) strategy for using advanced instructional 
                technologies;
                    ``(B) plans for future improvement; and
                    ``(C) success in working with other organizations 
                in achieving the goals described under subparagraphs 
                (A) and (B).''.
    (b) Technical Amendment.--Section 1(b) of the Homeland Security Act 
of 2002 (Public Law 107-296) is amended by inserting after the item 
relating to section 801 the following:

``Sec. 802. National Homeland Security Academy.''.

SEC. 4. STATE AND LOCAL EDUCATION AND TRAINING COORDINATOR.

    The Secretary of Homeland Security shall appoint a State and Local 
Education and Training Coordinator to serve in the Office of State and 
Local Government Coordination and Preparedness, who shall--
            (1) serve as the primary point of contact between Federal, 
        State, and local training facilities, the National Homeland 
        Security Academy, and the Office of State and Local Government 
        Coordination and Preparedness, in order to--
                    (A) maximize the ability of the Academy to identify 
                non-Academy programs that meet specific training goals 
                and are crucial to the Nation's homeland security 
                mission; and
                    (B) assist the Academy and the Office of State and 
                Local Government Coordination and Preparedness in 
                determining where to direct Federal training funds; and
            (2) at least semiannually, conduct meetings with a 
        coalition of State and local education and training facilities 
        to--
                    (A) allow State and local fire, rescue, and law 
                enforcement training facilities to provide input on 
                decisions made concerning the training of first 
                responders; and
                    (B) increase curriculum coordination between the 
                Academy and Federal, State, and local facilities.

SEC. 5. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated to carry out the amendment 
made by section 3 such sums as may be necessary for each of the fiscal 
years 2006 through 2009.
                                 <all>