IIB 

114TH CONGRESS 

1ST SESSION H. R. 3842 

IN THE SENATE OF THE UNITED STATES 

DECEMBER 9, 2015 

Received; read twice and referred to the Committee on the Judiciary 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 


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1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Federal Law Enforce3 ment Training Centers Reform and Improvement Act of 

4 2015’’. 

5 SEC. 2. FEDERAL LAW ENFORCEMENT TRAINING CENTERS. 

6 (a) ESTABLISHMENT.—Section 884 of the Homeland 

7 Security Act of 2002 (6 U.S.C. 464) is amended to read 

8 as follows: 

9 ‘‘SEC. 884. FEDERAL LAW ENFORCEMENT TRAINING CEN10 TERS. 

11 ‘‘(a) ESTABLISHMENT.—The Secretary shall main12 tain in the Department the Federal Law Enforcement 

13 Training Centers (FLETC), headed by a Director, who 

14 shall report to the Secretary. 

15 ‘‘(b) POSITION.—The Director shall occupy a career16 reserved position within the Senior Executive Service. 

17 ‘‘(c) FUNCTIONS OF THE DIRECTOR.—The Director 

18 shall— 

19 ‘‘(1) develop training goals and establish stra20 tegic and tactical organizational program plan and 

21 priorities; 

22 ‘‘(2) provide direction and management for 

23 FLETC’s training facilities, programs, and support 

24 activities while ensuring that organizational program 

25 goals and priorities are executed in an effective and 

26 efficient manner; 


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1 ‘‘(3) develop homeland security and law en2 forcement training curricula, including curricula re3 lated to domestic preparedness and response to 

4 threats or acts of terrorism, for Federal, State, local, 

5 tribal, territorial, and international law enforcement 

6 and security agencies and private sector security 

7 agencies; 

8 ‘‘(4) monitor progress toward strategic and tac9 tical FLETC plans regarding training curricula, in10 cluding curricula related to domestic preparedness 

11 and response to threats or acts of terrorism, and fa12 cilities; 

13 ‘‘(5) ensure the timely dissemination of home14 land security information as necessary to Federal, 

15 State, local, tribal, territorial, and international law 

16 enforcement and security agencies and the private 

17 sector to achieve the training goals for such entities, 

18 in accordance with paragraph (1); 

19 ‘‘(6) carry out acquisition responsibilities in a 

20 manner that— 

21 ‘‘(A) fully complies with— 

22 ‘‘(i) Federal law; 

23 ‘‘(ii) the Federal Acquisition Regula24 tion, including requirements regarding 


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1 agency obligations to contract only with re2 sponsible prospective contractors; and 

3 ‘‘(iii) Department acquisition manage4 ment directives; and 

5 ‘‘(B) ensures that a fair proportion of Fed6 eral contract and subcontract dollars are award7 ed to small businesses, maximizes opportunities 

8 for small business participation, and ensures, to 

9 the extent practicable, that small businesses 

10 which achieve qualified vendor status for secu11 rity-related technologies have an opportunity to 

12 compete for contracts for such technologies; 

13 ‘‘(7) coordinate and share information with the 

14 heads of relevant components and offices on digital 

15 learning and training resources, as appropriate; 

16 ‘‘(8) advise the Secretary on matters relating to 

17 executive level policy and program administration of 

18 Federal, State, local, tribal, territorial, and inter19 national law enforcement and security training ac20 tivities and private sector security agency training 

21 activities, including training activities related to do22 mestic preparedness and response to threats or acts 

23 of terrorism; 

24 ‘‘(9) collaborate with the Secretary and relevant 

25 officials at other Federal departments and agencies, 


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1 as appropriate, to improve international instruc2 tional development, training, and technical assist3 ance provided by the Federal Government to foreign 

4 law enforcement; and 

5 ‘‘(10) carry out such other functions as the Sec6 retary determines are appropriate. 

7 ‘‘(d) TRAINING RESPONSIBILITIES.— 

8 ‘‘(1) IN GENERAL.—The Director is authorized 

9 to provide training to employees of Federal agencies 

10 who are engaged, directly or indirectly, in homeland 

11 security operations or Federal law enforcement ac12 tivities, including such operations or activities re13 lated to domestic preparedness and response to 

14 threats or acts of terrorism. In carrying out such 

15 training, the Director shall— 

16 ‘‘(A) evaluate best practices of law enforce17 ment training methods and curriculum content 

18 to maintain state-of-the-art expertise in adult 

19 learning methodology; 

20 ‘‘(B) provide expertise and technical assist21 ance, including on domestic preparedness and 

22 response to threats or acts of terrorism, to Fed23 eral, State, local, tribal, territorial, and inter24 national law enforcement and security agencies 

25 and private sector security agencies; and 


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1 ‘‘(C) maintain a performance evaluation 

2 process for students. 

3 ‘‘(2) RELATIONSHIP WITH LAW ENFORCEMENT

4 AGENCIES.—The Director shall consult with relevant 

5 law enforcement and security agencies in the devel6 opment and delivery of FLETC’s training programs. 

7 ‘‘(3) TRAINING DELIVERY LOCATIONS.—The 

8 training required under paragraph (1) may be con9 ducted at FLETC facilities, at appropriate off-site 

10 locations, or by distributed learning. 

11 ‘‘(4) STRATEGIC PARTNERSHIPS.— 

12 ‘‘(A) IN GENERAL.—The Director may— 

13 ‘‘(i) execute strategic partnerships 

14 with State and local law enforcement to 

15 provide such law enforcement with specific 

16 training, including maritime law enforce17 ment training; and 

18 ‘‘(ii) coordinate with the Under Sec19 retary responsible for overseeing critical in20 frastructure protection, cybersecurity, and 

21 other related programs of the Department 

22 and with private sector stakeholders, in23 cluding critical infrastructure owners and 

24 operators, to provide training pertinent to 


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1 improving coordination, security, and resil2 iency of critical infrastructure. 

3 ‘‘(B) PROVISION OF INFORMATION.—The 

4 Director shall provide to the Committee on 

5 Homeland Security of the House of Representa6 tives and the Committee on Homeland Security 

7 and Governmental Affairs of the Senate, upon 

8 request, information on activities undertaken in 

9 the previous year pursuant to subparagraph 

10 (A). 

11 ‘‘(5) FLETC DETAILS TO DHS.—The Director 

12 may detail employees of FLETC to positions 

13 throughout the Department in furtherance of im14 proving the effectiveness and quality of training pro15 vided by the Department and, as appropriate, the 

16 development of critical departmental programs and 

17 initiatives. 

18 ‘‘(6) DETAIL OF INSTRUCTORS TO FLETC.— 

19 Partner organizations that wish to participate in 

20 FLETC training programs shall assign non-reim21 bursable detailed instructors to FLETC for des22 ignated time periods to support all training pro23 grams at FLETC, as appropriate. The Director 

24 shall determine the number of detailed instructors 

25 that is proportional to the number of training hours 


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1 requested by each partner organization scheduled by 

2 FLETC for each fiscal year. If a partner organiza3 tion is unable to provide a proportional number of 

4 detailed instructors, such partner organization shall 

5 reimburse FLETC for the salary equivalent for such 

6 detailed instructors, as appropriate. 

7 ‘‘(7) PARTNER ORGANIZATION EXPENSES RE8 QUIREMENTS.— 

9 ‘‘(A) IN GENERAL.—Partner organizations 

10 shall be responsible for the following expenses: 

11 ‘‘(i) Salaries, travel expenses, lodging 

12 expenses, and miscellaneous per diem al13 lowances of their personnel attending 

14 training courses at FLETC. 

15 ‘‘(ii) Salaries and travel expenses of 

16 instructors and support personnel involved 

17 in conducting advanced training at 

18 FLETC for partner organization personnel 

19 and the cost of expendable supplies and 

20 special equipment for such training, unless 

21 such supplies and equipment are common 

22 to FLETC-conducted training and have 

23 been included in FLETC’s budget for the 

24 applicable fiscal year. 


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1 ‘‘(B) EXCESS BASIC AND ADVANCED FED2 ERAL TRAINING.—All hours of advanced train3 ing and hours of basic training provided in ex4 cess of the training for which appropriations 

5 were made available shall be paid by the part6 ner organizations and provided to FLETC on a 

7 reimbursable basis in accordance with section 

8 4104 of title 5, United States Code. 

9 ‘‘(8) PROVISION OF NON-FEDERAL TRAINING.— 

10 ‘‘(A) IN GENERAL.—The Director is au11 thorized to charge and retain fees that would 

12 pay for its actual costs of the training for the 

13 following: 

14 ‘‘(i) State, local, tribal, and territorial 

15 law enforcement personnel. 

16 ‘‘(ii) Foreign law enforcement offi17 cials, including provision of such training 

18 at the International Law Enforcement 

19 Academies wherever established. 

20 ‘‘(iii) Private sector security officers, 

21 participants in the Federal Flight Deck 

22 Officer program under section 44921 of 

23 title 49, United States Code, and other ap24 propriate private sector individuals. 


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1 ‘‘(B) WAIVER.—The Director may waive 

2 the requirement for reimbursement of any cost 

3 under this section and shall maintain records 

4 regarding the reasons for any requirements so 

5 waived. 

6 ‘‘(9) REIMBURSEMENT.—The Director is au7 thorized to reimburse travel or other expenses for 

8 non-Federal personnel who attend activities related 

9 to training sponsored by FLETC, at travel and per 

10 diem rates established by the General Services Ad11 ministration. 

12 ‘‘(10) STUDENT SUPPORT.—In furtherance of 

13 its training mission, the Director is authorized to 

14 provide the following support to students: 

15 ‘‘(A) Athletic and related activities. 

16 ‘‘(B) Short-term medical services. 

17 ‘‘(C) Chaplain services. 

18 ‘‘(11) AUTHORITY TO HIRE FEDERAL ANNU19 ITANTS.— 

20 ‘‘(A) IN GENERAL.—Notwithstanding any 

21 other provision of law, the Director is author22 ized to appoint and maintain, as necessary, 

23 Federal annuitants who have expert knowledge 

24 and experience to meet the training responsibil25 ities under this subsection. 


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1 ‘‘(B) NO REDUCTION IN RETIREMENT

2 PAY.—A Federal annuitant employed pursuant 

3 to this paragraph shall not be subject to any re4 duction in pay for annuity allocable to the pe5 riod of actual employment under the provisions 

6 of section 8344 or 8468 of title 5, United 

7 States Code, or similar provision of any other 

8 retirement system for employees. 

9 ‘‘(C) RE-EMPLOYED ANNUITANTS.—A 

10 Federal annuitant employed pursuant to this 

11 paragraph shall not be considered an employee 

12 for purposes of subchapter III of chapter 83 or 

13 chapter 84 of title 5, United States Code, or 

14 such other retirement system (referred to in 

15 subparagraph (B)) as may apply. 

16 ‘‘(D) COUNTING.—Federal annuitants 

17 shall be counted on a full time equivalent basis. 

18 ‘‘(E) LIMITATION.—No appointment under 

19 this paragraph may be made which would result 

20 in the displacement of any employee. 

21 ‘‘(12) TRAVEL FOR INTERMITTENT EMPLOY22 EES.—The Director is authorized to reimburse inter23 mittent Federal employees traveling from outside a 

24 commuting distance (to be predetermined by the Di25 rector) for travel expenses and to compensate such 


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1 employees for time spent traveling from their homes 

2 to work sites. 

3 ‘‘(e) ON-FLETC HOUSING.—Notwithstanding any 

4 other provision of law, individuals attending training at 

5 any FLETC facility shall, to the extent practicable and 

6 in accordance with FLETC policy, reside in on-FLETC 

7 or FLETC-provided housing. 

8 ‘‘(f) ADDITIONAL FISCAL AUTHORITIES.—In order to 

9 further the goals and objectives of FLETC, the Director 

10 is authorized to— 

11 ‘‘(1) expend funds for public awareness and to 

12 enhance community support of law enforcement 

13 training, including the advertisement of available law 

14 enforcement training programs; 

15 ‘‘(2) accept and use gifts of property, both real 

16 and personal, and to accept gifts of services, for pur17 poses that promote the functions of the Director 

18 pursuant to subsection (c) and the training respon19 sibilities of the Director under subsection (d); 

20 ‘‘(3) accept reimbursement from other Federal 

21 agencies for the construction or renovation of train22 ing and support facilities and the use of equipment 

23 and technology on government owned-property; 

24 ‘‘(4) obligate funds in anticipation of reim25 bursements from agencies receiving training at 


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1 FLETC, except that total obligations at the end of 

2 a fiscal year may not exceed total budgetary re3 sources available at the end of such fiscal year; 

4 ‘‘(5) in accordance with the purchasing author5 ity provided under section 505 of the Department of 

6 Homeland Security Appropriations Act, 2004 (Pub7 lic Law 108–90; 6 U.S.C. 453a)— 

8 ‘‘(A) purchase employee and student uni9 forms; and 

10 ‘‘(B) purchase and lease passenger motor 

11 vehicles, including vehicles for police-type use; 

12 ‘‘(6) provide room and board for student in13 terns; and 

14 ‘‘(7) expend funds each fiscal year to honor and 

15 memorialize FLETC graduates who have died in the 

16 line of duty. 

17 ‘‘(g) DEFINITIONS.—In this section: 

18 ‘‘(1) BASIC TRAINING.—The term ‘basic train19 ing’ means the entry-level training required to instill 

20 in new Federal law enforcement personnel funda21 mental knowledge of criminal laws, law enforcement 

22 and investigative techniques, laws and rules of evi23 dence, rules of criminal procedure, constitutional 

24 rights, search and seizure, and related issues. 


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1 ‘‘(2) DETAILED INSTRUCTORS.—The term ‘de2 tailed instructors’ means personnel who are assigned 

3 to the Federal Law Enforcement Training Centers 

4 for a period of time to serve as instructors for the 

5 purpose of conducting basic and advanced training. 

6 ‘‘(3) DIRECTOR.—The term ‘Director’ means 

7 the Director of the Federal Law Enforcement Train8 ing Centers. 

9 ‘‘(4) DISTRIBUTED LEARNING.—The term ‘dis10 tributed learning’ means education in which students 

11 take academic courses by accessing information and 

12 communicating with the instructor, from various lo13 cations, on an individual basis, over a computer net14 work or via other technologies. 

15 ‘‘(5) EMPLOYEE.—The term ‘employee’ has the 

16 meaning given such term in section 2105 of title 5, 

17 United States Code. 

18 ‘‘(6) FEDERAL AGENCY.—The term ‘Federal 

19 agency’ means— 

20 ‘‘(A) an Executive Department as defined 

21 in section 101 of title 5, United States Code; 

22 ‘‘(B) an independent establishment as de23 fined in section 104 of title 5, United States 

24 Code; 


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1 ‘‘(C) a Government corporation as defined 

2 in section 9101 of title 31, United States Code; 

3 ‘‘(D) the Government Printing Office; 

4 ‘‘(E) the United States Capitol Police; 

5 ‘‘(F) the United States Supreme Court Po6 lice; and 

7 ‘‘(G) Government agencies with law en8 forcement related duties. 

9 ‘‘(7) LAW ENFORCEMENT PERSONNEL.—The 

10 term ‘law enforcement personnel’ means an indi11 vidual, including criminal investigators (commonly 

12 known as ‘agents’) and uniformed police (commonly 

13 known as ‘officers’), who has statutory authority to 

14 search, seize, make arrests, or to carry firearms. 

15 ‘‘(8) LOCAL.—The term ‘local’ means— 

16 ‘‘(A) of or pertaining to any county, par17 ish, municipality, city, town, township, rural 

18 community, unincorporated town or village, 

19 local public authority, educational institution, 

20 special district, intrastate district, council of 

21 governments (regardless of whether the council 

22 of governments is incorporated as a nonprofit 

23 corporation under State law), regional or inter24 state government entity, any agency or instruVerDate Sep 11 2014 21:33 Dec 09, 2015 Jkt 059200 PO 00000 Frm 00015 Fmt 6652 Sfmt 6201 E:\BILLS\H3842.RFS H3842

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1 mentality of a local government, or any other 

2 political subdivision of a State; and 

3 ‘‘(B) an Indian tribe or authorized tribal 

4 organization, or in Alaska a Native village or 

5 Alaska Regional Native Corporation. 

6 ‘‘(9) PARTNER ORGANIZATION.—The term 

7 ‘partner organization’ means any Federal agency 

8 participating in FLETC’s training programs under 

9 a formal memorandum of understanding. 

10 ‘‘(10) STATE.—The term ‘State’ means any 

11 State of the United States, the District of Columbia, 

12 the Commonwealth of Puerto Rico, the Virgin Is13 lands, Guam, American Samoa, the Commonwealth 

14 of the Northern Mariana Islands, and any possession 

15 of the United States. 

16 ‘‘(11) STUDENT INTERN.—The term ‘student 

17 intern’ means any eligible baccalaureate or graduate 

18 degree student participating in FLETC’s College In19 tern Program. 

20 ‘‘(h) PROHIBITION ON NEW FUNDING.—No funds 

21 are authorized to carry out this section. This section shall 

22 be carried out using amounts otherwise appropriated or 

23 made available for such purpose.’’. 

24 (b) CLERICAL AMENDMENT.—The table of contents 

25 in section 1(b) of the Homeland Security Act of 2002 is 


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1 amended by amending the item relating to section 884 to 

2 read as follows: 

‘‘Sec. 884. Federal Law Enforcement Training Centers.’’. 

Passed the House of Representatives December 8, 

2015. 

Attest: KAREN L. HAAS, 

Clerk. 


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