[Congressional Record Volume 161, Number 177 (Tuesday, December 8, 2015)]
[House]
[Pages H9037-H9040]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
FEDERAL LAW ENFORCEMENT TRAINING CENTERS REFORM AND IMPROVEMENT ACT OF
2015
Mr. 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.
Mrs. TORRES. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, I rise in support of H.R. 3842, the Federal Law
Enforcement Training Centers Reform and Improvement Act of 2015.
Mr. Speaker, H.R. 3842 amends the Homeland Security Act of 2002 to
provide specific authorities for the Director of the Federal Law
Enforcement Training Centers, or FLETC. I am proud to join Mr. Carter
in introducing this very important legislation.
FLETC, established in 1975 and transitioned from the Treasury
Department to the Department of Homeland Security in 2002, provides
Federal and other law enforcement agencies with high-quality, cost-
effective training. Training is carried out by a group of experienced
instructors who use modern facilities and standardized course content
at locations in Georgia, Maryland, New Mexico, and South Carolina.
FLETC also has a unique relationship with the Maritime Law
Enforcement Training Center at the Port of Los Angeles, where together
they have developed comprehensive maritime security training for State
and local agencies. Together, this partnership between FLETC and the
Port of Los Angeles helps ensure our local law enforcement get the
training they need to protect America's critical ports and waterways,
particularly important at a port that accounts for more than 40 percent
of the goods that enter the United States.
H.R. 3842 was reported favorably from the Homeland Security Committee
with bipartisan approval last month.
Mr. Speaker, I am pleased to note that, during the committee's
November 4 markup of H.R. 3842, members unanimously adopted three
Democratic amendments to the bill.
The first amendment underscores FLETC's responsibility to conduct
acquisition activities in accordance with existing law and regulation,
which include both a requirement that FLETC's Director evaluate
contractors' integrity and business ethics in performance of previous
contracts and vests FLETC's Director with the responsibility of
ensuring that a fair proportion of contracting dollars are awarded to
small businesses.
The second amendment authorizes strategic partnerships between FLETC
and local law enforcement agencies, including the existing partnership
between FLETC and the Maritime Law Enforcement Training Center operated
by the Port of Los Angeles.
This amendment also authorizes FLETC to work with the DHS National
Protection and Programs Directorate to make training available to
security professionals in the private sector, particularly those
involved with protecting critical infrastructure.
The final amendment authorizes FLETC's Director to detail employees
to various components in the Department to assist in the development of
critical Departmental programs and initiatives.
The urgency to pass this bill has only grown in the last week. Last
Wednesday a shooting just outside of my district, in an area I
represented as a State senator, in California, San Bernardino County,
affirmed that our local law enforcement are our first line of defense
in the fight against terror. We must ensure that they have the most up-
to-date training as possible.
I know firsthand how important this kind of coordination is between
all levels of enforcement. As a 911 dispatcher for nearly 20 years, I
can't tell you how important it is to ensure that our first responders
have the tools and resources they need to keep us safe.
Earlier this year I held a roundtable meeting with local law
enforcement, the FBI, Homeland Security, and other Federal officials to
discuss emergency coordination and emerging threats to our communities.
As a part of this discussion, our local police stressed the
[[Page H9040]]
need for additional resources and better information sharing and
training to combat these threats.
During last week's attack, we saw San Bernardino law enforcement
respond effectively to protect our community, but there is so much more
we can do. If our Nation is to address the threat of future attacks, we
must ensure that law enforcement personnel throughout the Nation not
only have the tools they need to do so, but also the training, to
effectively address the diverse terrorism landscape.
With this in mind, Mr. Speaker, I would commend this bill to the
House for consideration.
Mr. Speaker, I reserve the balance of my time.
Mr. CARTER of Georgia. Mr. Speaker, I reserve the balance of my time.
Mrs. TORRES. Mr. Speaker, I yield 5 minutes to the gentleman from
Michigan (Mr. Kildee).
Mr. KILDEE. I thank the gentlewoman for yielding.
Mr. Speaker, this legislation is a Homeland Security bill. We have a
number of these bills coming to the floor today. But it is hard to
ignore the fact that there is a glaring weakness in what is being
brought here to the floor when it comes to protecting the American
people.
Right now at this very moment an individual who is on the FBI
terrorist watch list could walk into any gun store and purchase the
weapon of their choice. The American people understand this makes
absolutely no sense.
In the last 11 years, 2,000 people who are on the terrorist watch
list have gone in to purchase weapons and 91 percent of them have
walked away with the weapon of their choice. Inexplicably, a piece of
legislation authorized by Republican Congressman Peter King is ready
for this House to act. It would close this ridiculous loophole.
When I have talked to people back home about this, they expect that
this is already law. They almost have to have it pointed out to them
that, no, this is actually not the case. A person on the terrorist
watch list can go to a gun store and purchase a weapon.
If we are serious about protecting the safety of the American people,
it would seem that the commonsense thing to do would be to take up
Representative King's legislation and close this dangerous loophole.
So we are coming to the floor with important bills. I don't deny
that. Right now we have in our hands the ability to act to take guns
out of the hands of people who are on the terrorist watch list. If you
can't be trusted to fly, you certainly shouldn't be trusted to walk in
and just get a weapon of your choice.
Because of this body's failure to bring up this important
legislation, I as a Member of Congress can't sit idly by.
____________________