[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[S. 2781 Engrossed in Senate (ES)]

<DOC>
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
114th CONGRESS
  2d Session
                                S. 2781

_______________________________________________________________________

                                 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 2016''.

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 (referred to in 
this section as `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 plans 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 nonreimbursable 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 provisions 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.''.

            Passed the Senate December 10 (legislative day, December 
      9), 2016.

            Attest:

                                                             Secretary.
114th CONGRESS

  2d Session

                                S. 2781

_______________________________________________________________________

                                 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.