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114th Congress   }                                   {   Rept. 114-343
                        HOUSE OF REPRESENTATIVES
 1st Session     }                                   {          Part 1

======================================================================



 
FEDERAL LAW ENFORCEMENT TRAINING CENTERS REFORM AND IMPROVEMENT ACT OF 
                                  2015

                                _______
                                

 November 19, 2015.--Committed to the Committee of the Whole House on 
            the State of the Union and ordered to be printed

                                _______
                                

  Mr. McCaul, from the Committee on Homeland Security, submitted the 
                               following

                              R E P O R T

                        [To accompany H.R. 3842]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Homeland Security, to whom was referred 
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, having considered the 
same, report favorably thereon with an amendment and recommend 
that the bill as amended do pass.

                                CONTENTS

                                                                   Page
Purpose and Summary..............................................     5
Background and Need for Legislation..............................     5
Hearings.........................................................     6
Committee Consideration..........................................     6
Committee Votes..................................................     7
Committee Oversight Findings.....................................     7
New Budget Authority, Entitlement Authority, and Tax Expenditures     7
Congressional Budget Office Estimate.............................     7
Statement of General Performance Goals and Objectives............     8
Duplicative Federal Programs.....................................     8
Congressional Earmarks, Limited Tax Benefits, and Limited Tariff 
  Benefits.......................................................     8
Federal Mandates Statement.......................................     8
Preemption Clarification.........................................     8
Disclosure of Directed Rule Makings..............................     8
Advisory Committee Statement.....................................     9
Section-by-Section Analysis of the Legislation...................     9
Changes in Existing Law Made by the Bill, as Reported............    10
Committee Correspondence.........................................    18

    The amendment is as follows:
  Strike all after the enacting clause and insert the 
following:

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 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.''.

                          Purpose and Summary

    H.R. 3842 reforms and improves the Federal Law Enforcement 
Training Centers in the Department of Homeland Security (DHS). 
H.R. 3842 strengthens the role of the Director of Federal Law 
Enforcement Training Centers (FLETC) and improves training 
practices.

                  Background and Need for Legislation

    Established in 1970, by Treasury Order 217, the FLETC was a 
bureau of the Treasury Department aimed at providing basic and 
advanced training to federal law enforcement personnel. With 
the formation of DHS, on March 1, 2003, FLETC was transferred 
to the Department to serve as an interagency law enforcement 
training organization for Federal, State, local, rural, Tribal, 
territorial, and international law enforcement personnel and 
partner organizations.
    Since FLETC's move to DHS, legislation has not been 
introduced to reform and improve FLETC. Specifically, FLETC has 
yet to be reauthorized within the Department and has not had an 
opportunity to codify important authorities.
    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 lists ten functions to be 
carried out by the Director, including, but not limited to 
developing training goals and curricula, monitoring progress 
toward strategic and tactical curricula plans, and coordinating 
and sharing information with relevant component heads and 
offices on digital learning and training resources. 
Additionally, H.R. 3842 includes specific training 
responsibilities for the Director, FLETC, and partner 
organizations.

                                Hearings

    No hearings were specifically held on H.R. 3842. However, 
the Committee held oversight hearings that are listed below.
    On Thursday, May 24, 2005, the Subcommittee on Management, 
Integration, and Oversight of the Committee on Homeland 
Security held a hearing entitled ``Training More Border Patrol 
Agents: How the Department of Homeland Security can Increase 
Training Capacity Most Effectively.'' The Subcommittee received 
testimony from Chief Tom Walters, Assistant Commissioner for 
Training and Development, U.S. Customs and Border Protection, 
Department of Homeland Security; Ms. Connie Patrick, Director, 
Federal Law Enforcement Training Center, Department of Homeland 
Security; Mr. T.J. Bonner, President, National Border Patrol 
Council; and Mr. Gary Jackson, President, Blackwater USA.

                        Committee Consideration

    The Committee met on November 4, 2015, to consider H.R. 
3842, and ordered the measure to be reported to the House with 
a favorable recommendation, as amended, by voice vote. The 
Committee took the following actions:
    The following amendments were offered:
 An en bloc amendment offered by Mrs. Watson Coleman (#1); was 
AGREED TO by voice vote.

     Consisting of the following amendments:
     Page 3, beginning line 14, insert the following (and redesignate 
subsequent paragraphs accordingly):
     ``(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 rewarded 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;''.
     Page 5, beginning line 5, strike paragraph (4) and insert a new 
paragraph entitled ``(4) Strategic Partnerships.''
     Page 5, beginning line 10, insert a new paragraph entitled ``(5) 
FLETC Details to DHS.''

                            Committee Votes

    Clause 3(b) of Rule XIII of the Rules of the House of 
Representatives requires the Committee to list the recorded 
votes on the motion to report legislation and amendments 
thereto.
    No recorded votes were requested during consideration of 
H.R. 3842.

                      Committee Oversight Findings

    Pursuant to clause 3(c)(1) of Rule XIII of the Rules of the 
House of Representatives, the Committee has held oversight 
hearings and made findings that are reflected in this report.

   New Budget Authority, Entitlement Authority, and Tax Expenditures

    In compliance with clause 3(c)(2) of Rule XIII of the Rules 
of the House of Representatives, the Committee finds that H.R. 
3842, the Federal Law Enforcement Training Centers Reform and 
Improvement Act of 2015, would result in no new or increased 
budget authority, entitlement authority, or tax expenditures or 
revenues.

                  Congressional Budget Office Estimate

    The Committee adopts as its own the cost estimate prepared 
by the Director of the Congressional Budget Office pursuant to 
section 402 of the Congressional Budget Act of 1974.

                                     U.S. Congress,
                               Congressional Budget Office,
                                 Washington, DC, November 13, 2015.
Hon. Michael McCaul,
Chairman, Committee on Homeland Security,
House of Representatives, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for H.R. 3842, the Federal 
Law Enforcement Training Centers Reform and Improvement Act of 
2015.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Mark 
Grabowicz.
            Sincerely,
                                                        Keith Hall.
    Enclosure.

H.R. 3842--Federal Law Enforcement Training Centers Reform and 
        Improvement Act of 2015

    H.R. 3842 would aim to improve the effectiveness of the 
Federal Law Enforcement Training Center (FLETC) in the 
Department of Homeland Security; FLETC provides training to law 
enforcement agencies. FLETC is currently carrying out many 
activities similar to those required by the bill, and CBO 
estimates that implementing H.R. 3842 would not significantly 
affect spending by the center.
    Because enacting the legislation would not affect direct 
spending or revenues, pay-as-you-go procedures do not apply. 
CBO estimates that enacting H.R. 3842 would not increase net 
direct spending or on-budget deficits in any of the four 
consecutive 10-year periods beginning in 2026.
    H.R. 3842 contains no intergovernmental or private-sector 
mandates as defined in the Unfunded Mandates Reform Act.
    The CBO staff contact for this estimate is Mark Grabowicz. 
The estimate was approved by H. Samuel Papenfuss, Deputy 
Assistant Director for Budget Analysis.

         Statement of General Performance Goals and Objectives

    Pursuant to clause 3(c)(4) of Rule XIII of the Rules of the 
House of Representatives, H.R. 3842 contains the following 
general performance goals and objectives, including outcome 
related goals and objectives authorized.
    The purpose of H.R. 3842, Federal Law Enforcement Training 
Centers Reform and Improvement Act of 2015 is to reauthorize 
FLETC within the Department of Homeland Security and to codify 
important authorities.

                      Duplicative Federal Programs

    Pursuant to clause 3(c) of Rule XIII, the Committee finds 
that H.R. 3842 does not contain any provision that establishes 
or reauthorizes a program known to be duplicative of another 
Federal program.

   Congressional Earmarks, Limited Tax Benefits, and Limited Tariff 
                                Benefits

    In compliance with Rule XXI of the Rules of the House of 
Representatives, this bill, as reported, contains no 
congressional earmarks, limited tax benefits, or limited tariff 
benefits as defined in clause 9(e), 9(f), or 9(g) of the Rule 
XXI.

                       Federal Mandates Statement

    The Committee adopts as its own the estimate of Federal 
mandates prepared by the Director of the Congressional Budget 
Office pursuant to section 423 of the Unfunded Mandates Reform 
Act.

                        Preemption Clarification

    In compliance with section 423 of the Congressional Budget 
Act of 1974, requiring the report of any Committee on a bill or 
joint resolution to include a statement on the extent to which 
the bill or joint resolution is intended to preempt State, 
local, or Tribal law, the Committee finds that H.R. 3842 does 
not preempt any State, local, or Tribal law.

                  Disclosure of Directed Rule Makings

    The Committee estimates that H.R. 3842 would require no 
directed rule makings.

                      Advisory Committee Statement


             Section-by-Section Analysis of the Legislation


Section 1.   Short Title.

    This section provides that this bill may be cited as the 
``Federal Law Enforcement Training Centers Reform and 
Improvement Act of 2015''.

Sec. 2.   Federal Law Enforcement Training Centers.

    Section 2 amends Section 884 of the Homeland Security Act 
of 2002.

  Sec. 2(a)   Establishment.

    Section 2(a) establishes the Federal Law Enforcement 
Training Centers (FLETC).

  Sec. 2(b)   Position.

    Section 2(b) requires the Director of FLETC to serve a 
career reserved position within the Senior Executive Service.

  Sec. 2(c)   Functions of the Director.

    Section 2(c) lays out 10 responsibilities of the Director, 
including, but not limited to developing training goals and 
curricula, monitoring progress toward strategic and tactical 
curricula plans, and coordinating and sharing information with 
relevant component heads and offices on digital learning and 
training resources.
    This subsection also directs the Director of FLETC to 
conduct acquisition activities, as formally delegated, 
consistent with applicable Federal law, the Federal Acquisition 
Regulation, and DHS policy.
    The Committee strongly encourages the Director to review 
the classification, pay, and fringe benefits of its workforce 
and recommend to the appropriate congressional committees any 
legislative changes, including changes to the compensation of 
FLETC personnel, deemed necessary to recruit new personnel as 
well as those transferring from other law enforcement agencies 
and retain workers with the skills and experience required to 
effectively support FLETC's mission.

  Sec. 2(d)   Training Responsibilities.

    Subsection 2(d) (1) authorizes the Director to provide 
training to employees of Federal agencies who are engaged in 
security or law enforcement activities. FLETC should ensure 
that its training enables law enforcement professionals to 
perform their duties in the safest possible manner, at the 
highest possible level of proficiency.
    This subsection also requires the Director, while carrying 
out training, to examine law enforcement training methods, 
provide expertise and technical assistance, and to establish a 
student performance evaluation process that adheres to the 
standards and requirements set forth by FLETC.
    Subsection 2(d) (2) directs the Director to consult with 
relevant law enforcement and security agencies in the 
development of FLETC's training programs.
    Subsection 2(d) (3) defines where FLETC training may occur. 
FLETC training may occur, but is not limited to its four main 
locations in Glynco, Georgia, Artesia, New Mexico, Charleston, 
South Carolina, and Cheltenham, Maryland.
    Subsection 2(d) (4) authorizes the Director to execute 
strategic partnerships with state and local law enforcement. 
While executing strategic partnerships, the Committee 
encourages the promotion of interoperability, increased 
cooperation and intelligence-sharing in the field.
    Subsection 2(d) (5) authorizes the Director to detail FLETC 
employees to positions throughout the Department.
    Subsection 2(d) (6) through subsection 2(d) (12) provides 
for non-reimbursable detailed instructors to FLETC; lays out 
partner organization expense requirements; authorizes the 
Director to charge and retain fees for certain training; 
authorizes the Director to reimburse certain expenses; 
authorizes the Director to provide certain support to students; 
authorizes the Director to hire federal annuitants; and, 
provides for reimbursement of travel expenses for intermittent 
Federal employees.

  Sec. 2(e)   FLETC Housing.

    Section 2(e) requires, when possible, students to reside at 
FLETC-provided housing.

  Sec. 2(f)   Additional Fiscal Authorities.

    Section 2(f) authorizes the Director to expend funds for 
public awareness and community support, and obligate funds in 
anticipation of reimbursements, among other items. 
Additionally, this section allows FLETC to expend funds to 
honor and memorialize graduates who have died in the line of 
duty.

  Sec. 2(g)   Definitions.

    Section 2(g) defines the terms: basic training; detailed 
instructors; Director; distributed learning; employee; Federal 
agency; law enforcement personnel; local; partner organization; 
state; and, student intern.

  Sec. 2(h)   Prohibition on New Funding.

    Section 2(h) prohibits authorization of new funds to carry 
out section 2 of the bill. Existing appropriations will be used 
to carry out the requirements of the Act.

         Changes in Existing Law Made by the Bill, as Reported

  In compliance with clause 3(e) of rule XIII of the Rules of 
the House of Representatives, changes in existing law made by 
the bill, as reported, are shown as follows (existing law 
proposed to be omitted is enclosed in black brackets, new 
matter is printed in italic, and existing law in which no 
change is proposed is shown in roman):

                     HOMELAND SECURITY ACT OF 2002


SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

  (a) Short Title.--This Act may be cited as the ``Homeland 
Security Act of 2002''.
  (b) Table of Contents.--The table of contents for this Act is 
as follows:

     * * * * * * *

 TITLE VIII--COORDINATION WITH NON-FEDERAL ENTITIES; INSPECTOR GENERAL; 
      UNITED STATES SECRET SERVICE; COAST GUARD; GENERAL PROVISIONS

     * * * * * * *

                  Subtitle H--Miscellaneous Provisions

     * * * * * * *
[Sec. 884. Federal Law Enforcement Training Center.]
Sec. 884. Federal Law Enforcement Training Centers.

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TITLE VIII--COORDINATION WITH NON-FEDERAL ENTITIES; INSPECTOR GENERAL; 
UNITED STATES SECRET SERVICE; COAST GUARD; GENERAL PROVISIONS

           *       *       *       *       *       *       *


Subtitle H--Miscellaneous Provisions

           *       *       *       *       *       *       *


[SEC. 884. FEDERAL LAW ENFORCEMENT TRAINING CENTER.

  [(a) In General.--The transfer of an authority or an agency 
under this Act to the Department of Homeland Security does not 
affect training agreements already entered into with the 
Federal Law Enforcement Training Center with respect to the 
training of personnel to carry out that authority or the duties 
of that transferred agency.
  [(b) Continuity of Operations.--All activities of the Federal 
Law Enforcement Training Center transferred to the Department 
of Homeland Security under this Act shall continue to be 
carried out at the locations such activities were carried out 
before such transfer.
  [(c) Acceptance and Use of Gifts.--The Federal Law 
Enforcement Training Center may accept and use gifts of 
property, both real and personal, and accept services, for 
authorized purposes.]

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 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.

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                        Committee Correspondence

                          House of Representatives,
                                Committee on the Judiciary,
                                 Washington, DC, November 19, 2015.
Hon. Michael McCaul,
Chairman, Committee on Homeland Security,
Washington, DC.
    Dear Chairman McCaul: I am writing concerning H.R. 3842, 
the ``Federal Law Enforcement Training Centers Reform and 
Improvement Act of 2015.'' As a result of your having consulted 
with us on provisions in H.R. 3842 that fall within the Rule X 
jurisdiction of the Committee on the Judiciary, I agree to 
discharge our Committee from further consideration of this bill 
so that it may proceed expeditiously to the House floor for 
consideration.
    The Judiciary Committee takes this action with our mutual 
understanding that by foregoing consideration of H.R. 3842 at 
this time, we do not waive any jurisdiction over subject matter 
contained in this or similar legislation, and that our 
Committee will be appropriately consulted and involved as this 
bill or similar legislation moves forward so that we may 
address any remaining issues in our jurisdiction. Our Committee 
also reserves the right to seek appointment of an appropriate 
number of conferees to any House-Senate conference involving 
this or similar legislation, and asks that you support any such 
request.
    I would appreciate your response to this letter confirming 
this understanding with respect to H.R. 3842, and would ask 
that a copy of our exchange of letters on this matter be 
included in the Congressional Record during floor 
consideration.
            Sincerely,
                                             Bob Goodlatte,
                                                          Chairman.
                              ----------                              

                          House of Representatives,
                            Committee on Homeland Security,
                                 Washington, DC, November 19, 2015.
Hon. Bob Goodlatte,
Chairman, Committee on the Judiciary,
Washington, DC.
    Dear Chairman Goodlatte: Thank you for your letter 
regarding HR. 3842, the ``Federal Law Enforcement Training 
Centers Reform and Improvement Act of 2015.'' I acknowledge 
that by forgoing action on this legislation your Committee is 
not diminishing or altering its jurisdiction.
    I also concur with you that forgoing action on this bill 
does not in any way prejudice the Committee on the Judiciary 
with respect to its jurisdictional prerogatives on this bill or 
similar legislation in the future. Furthermore, I would support 
your effort to seek appointment of an appropriate number of 
conferees to any House-Senate conference involving this or 
similar legislation.
    I will include copies of this exchange in the Congressional 
Record during consideration of this measure on the House floor. 
I appreciate your cooperation regarding H.R. 3842, and I look 
forward to working with the Committee on the Judiciary as the 
bill moves through the legislative process.
            Sincerely,
                                         Michael T. McCaul,
                          Chairman, Committee on Homeland Security.

                                  [all]