[Congressional Record Volume 162, Number 178 (Friday, December 9, 2016)]
[Senate]
[Pages S7104-S7106]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
FEDERAL LAW ENFORCEMENT TRAINING CENTERS REFORM AND IMPROVEMENT ACT OF
2015
______
FEDERAL LAW ENFORCEMENT TRAINING CENTERS REFORM AND IMPROVEMENT ACT OF
2016
Mr. BOOZMAN. Mr. President, I ask unanimous consent that the
Committee on the Judiciary be discharged from further consideration of
H.R. 3842 and S. 2781 and the Senate proceed to their immediate
consideration en bloc.
The PRESIDING OFFICER. Without objection, it is so ordered.
The clerk will report the bills by title.
The senior assistant legislative clerk read as follows:
A 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.
A bill (S. 2781) 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.
There being no objection, the Senate proceeded to consider the bills
en bloc.
Mr. BOOZMAN. Mr. President, I ask unanimous consent that the Perdue
amendments be agreed to, and the bills, as amended, be considered read
a third time.
The PRESIDING OFFICER. Without objection, it is so ordered.
The amendments (Nos. 5171 and 5170) were agreed to, as follows:
[[Page S7105]]
amendment no. 5171
(Purpose: To improve the bill)
On page 3, line 19, insert ``delegated'' after ``carry
out''.
On page 4, strike lines 5 through 12 and insert the
following:
``(B) maximizes opportunities for small business
participation;
On page 11, beginning on line 25, strike ``and to
compensate such employees for time spent traveling from their
homes to work sites''.
amendment no. 5170
(Purpose: To improve the bill)
On page 3, line 15, insert ``delegated'' after ``carry
out''.
On page 4, strike lines 1 through 8 and insert the
following:
``(B) maximizes opportunities for small business
participation;
On page 11, beginning on line 20, strike ``and to
compensate such employees for time spent traveling from their
homes to work sites''.
The amendment was ordered to be engrossed, and the bill to be read a
third time.
The bill was read the third time.
The bill was ordered to be engrossed for a third reading and was read
the third time.
Mr. BOOZMAN. Mr. President, I know of no further debate on the
measures.
The PRESIDING OFFICER. If there is no further debate, the bills
having been read the third time, the question is, Shall the bills pass
en bloc?
The bill (H.R. 3842), as amended, was passed.
The bill (S. 2781), as amended, was passed, as follows:
S. 2781
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.
[[Page S7106]]
``(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.''.
Mr. BOOZMAN. Mr. President, I ask unanimous consent that the motions
to reconsider be considered made and laid upon the table, all en bloc.
The PRESIDING OFFICER. Without objection, it is so ordered.
____________________