[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.

                          ____________________