Text: H.R.3842 — 114th Congress (2015-2016)All Information (Except Text)
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
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
``(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
[[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
``(B) maximizes opportunities for small business
``(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
``(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
``(A) evaluate best practices of law enforcement
training methods and curriculum content to maintain
state-of-the-art expertise in adult learning
``(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
``(C) maintain a performance evaluation process for
``(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
``(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
``(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
``(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
``(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
``(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
``(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
[[Page 130 STAT. 1458]]
``(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).
Vol. 161 (2015):
Dec. 8, considered and passed House.
Vol. 162 (2016):
Dec. 9, considered and passed
Dec. 13, House concurred in Senate