Text: H.R.3842 — 114th Congress (2015-2016)All Information (Except Text)

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Public Law No: 114-285 (12/16/2016)

 
[114th Congress Public Law 285]
[From the U.S. Government Publishing Office]



[[Page 130 STAT. 1453]]

Public Law 114-285
114th Congress

                                 An Act


 
   To improve homeland security, including domestic preparedness and 
  response to terrorism, by reforming Federal Law Enforcement Training 
     Centers to provide training to first responders, and for other 
            purposes. <<NOTE: Dec. 16, 2016 -  [H.R. 3842]>> 

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, <<NOTE: Federal Law 
Enforcement Training Centers Reform and Improvement Act of 2015.>> 
SECTION 1. <<NOTE: 6 USC 101 note.>> 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 delegated acquisition responsibilities in a 
        manner that--

[[Page 130 STAT. 1454]]

                    ``(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) <<NOTE: Consultation.>>  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

[[Page 130 STAT. 1455]]

                          ``(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 
        non-reimbursable detailed instructors to FLETC for designated 
        time periods to support all training programs at FLETC, as 
        appropriate. <<NOTE: Determination.>> 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. <<NOTE: Reimbursement.>> 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) <<NOTE: Reimbursement.>>  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) <<NOTE: Fees.>>  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.

[[Page 130 STAT. 1456]]

                          ``(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) <<NOTE: Records.>>  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) <<NOTE: Reimbursement.>>  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--

[[Page 130 STAT. 1457]]

            ``(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) <<NOTE: Reimbursement.>>  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.

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            ``(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.''.

    Approved December 16, 2016.

LEGISLATIVE HISTORY--H.R. 3842 (S. 2781):
---------------------------------------------------------------------------

HOUSE REPORTS: No. 114-343, Pt. 1 (Comm. on Homeland Security).
CONGRESSIONAL RECORD:
                                                        Vol. 161 (2015):
                                    Dec. 8, considered and passed House.
                                                        Vol. 162 (2016):
                                    Dec. 9, considered and passed 
                                        Senate, amended.
                                    Dec. 13, House concurred in Senate 
                                        amendments.

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