[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.

                          ____________________