[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3842 Enrolled Bill (ENR)]

        H.R.3842

                     One Hundred Fourteenth Congress

                                 of the

                        United States of America


                          AT THE SECOND SESSION

           Begun and held at the City of Washington on Monday,
           the fourth day of January, two thousand and sixteen


                                 An Act


 
   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.

    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 delegated 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) maximizes opportunities for small business 
        participation;
        ``(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.
    ``(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.''.


                               Speaker of the House of Representatives.

                            Vice President of the United States and    
                                               President of the Senate.