IB 

Union Calendar No. 262 

114TH CONGRESS 

1ST SESSION H. R. 3842 

[Report No. 114–343, Part I] 

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. 

IN THE HOUSE OF REPRESENTATIVES 

OCTOBER 28, 2015 

Mr. CARTER of Georgia (for himself and Mrs. TORRES) introduced the following bill; which was referred to the Committee on Homeland Security, 

and in addition to the Committee on the Judiciary, for a period to be 

subsequently determined by the Speaker, in each case for consideration 

of such provisions as fall within the jurisdiction of the committee concerned 

NOVEMBER 19, 2015 

Additional sponsors: Mr. LOUDERMILK, Mr. MCCAUL, Mr. CARTER of Texas, 

and Mr. RATCLIFFE

NOVEMBER 19, 2015 

Reported from the Committee on Homeland Security with an amendment 

[Strike out all after the enacting clause and insert the part printed in italic] 

NOVEMBER 19, 2015 

The Committee on the Judiciary discharged; committed to the Committee of 

the Whole House on the State of the Union and ordered to be printed 

[For text of introduced bill, see copy of bill as introduced on October 28, 2015] 

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A BILL 

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. 

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

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Federal Law Enforce5 ment Training Centers Reform and Improvement Act of 

6 2015’’. 

7 SEC. 2. FEDERAL LAW ENFORCEMENT TRAINING CENTERS. 

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

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

10 as follows: 

11 ‘‘SEC. 884. FEDERAL LAW ENFORCEMENT TRAINING CEN12 TERS. 

13 ‘‘(a) ESTABLISHMENT.—The Secretary shall maintain 

14 in the Department the Federal Law Enforcement Training 

15 Centers (FLETC), headed by a Director, who shall report 

16 to the Secretary. 

17 ‘‘(b) POSITION.—The Director shall occupy a career18 reserved position within the Senior Executive Service. 

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

20 shall— 

21 ‘‘(1) develop training goals and establish stra22 tegic and tactical organizational program plan and 

23 priorities; 

24 ‘‘(2) provide direction and management for 

25 FLETC’s training facilities, programs, and support 

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1 activities while ensuring that organizational program 

2 goals and priorities are executed in an effective and 

3 efficient manner; 

4 ‘‘(3) develop homeland security and law enforce5 ment training curricula, including curricula related 

6 to domestic preparedness and response to threats or 

7 acts of terrorism, for Federal, State, local, tribal, ter8 ritorial, and international law enforcement and secu9 rity agencies and private sector security agencies; 

10 ‘‘(4) monitor progress toward strategic and tac11 tical FLETC plans regarding training curricula, in12 cluding curricula related to domestic preparedness 

13 and response to threats or acts of terrorism, and fa14 cilities; 

15 ‘‘(5) ensure the timely dissemination of home16 land security information as necessary to Federal, 

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

18 enforcement and security agencies and the private sec19 tor to achieve the training goals for such entities, in 

20 accordance with paragraph (1); 

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

22 manner that— 

23 ‘‘(A) fully complies with— 

24 ‘‘(i) Federal law; 

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1 ‘‘(ii) the Federal Acquisition Regula2 tion, including requirements regarding 

3 agency obligations to contract only with re4 sponsible prospective contractors; and 

5 ‘‘(iii) Department acquisition manage6 ment directives; and 

7 ‘‘(B) ensures that a fair proportion of Fed8 eral contract and subcontract dollars are award9 ed to small businesses, maximizes opportunities 

10 for small business participation, and ensures, to 

11 the extent practicable, that small businesses 

12 which achieve qualified vendor status for secu13 rity-related technologies have an opportunity to 

14 compete for contracts for such technologies; 

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

16 heads of relevant components and offices on digital 

17 learning and training resources, as appropriate; 

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

19 executive level policy and program administration of 

20 Federal, State, local, tribal, territorial, and inter21 national law enforcement and security training ac22 tivities and private sector security agency training 

23 activities, including training activities related to do24 mestic preparedness and response to threats or acts of 

25 terrorism; 

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

2 officials at other Federal departments and agencies, 

3 as appropriate, to improve international instruc4 tional development, training, and technical assistance 

5 provided by the Federal Government to foreign law 

6 enforcement; and 

7 ‘‘(10) carry out such other functions as the Sec8 retary determines are appropriate. 

9 ‘‘(d) TRAINING RESPONSIBILITIES.— 

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

11 provide training to employees of Federal agencies who 

12 are engaged, directly or indirectly, in homeland secu13 rity operations or Federal law enforcement activities, 

14 including such operations or activities related to do15 mestic preparedness and response to threats or acts of 

16 terrorism. In carrying out such training, the Director 

17 shall— 

18 ‘‘(A) evaluate best practices of law enforce19 ment training methods and curriculum content 

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

21 learning methodology; 

22 ‘‘(B) provide expertise and technical assist23 ance, including on domestic preparedness and 

24 response to threats or acts of terrorism, to Fed25 eral, State, local, tribal, territorial, and intermstockstill on DSK4VPTVN1PROD with BILLS

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1 national law enforcement and security agencies 

2 and private sector security agencies; and 

3 ‘‘(C) maintain a performance evaluation 

4 process for students. 

5 ‘‘(2) RELATIONSHIP WITH LAW ENFORCEMENT

6 AGENCIES.—The Director shall consult with relevant 

7 law enforcement and security agencies in the develop8 ment and delivery of FLETC’s training programs. 

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

10 training required under paragraph (1) may be con11 ducted at FLETC facilities, at appropriate off-site lo12 cations, or by distributed learning. 

13 ‘‘(4) STRATEGIC PARTNERSHIPS.— 

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

15 ‘‘(i) execute strategic partnerships with 

16 State and local law enforcement to provide 

17 such law enforcement with specific training, 

18 including maritime law enforcement train19 ing; and 

20 ‘‘(ii) coordinate with the Under Sec21 retary responsible for overseeing critical in22 frastructure protection, cybersecurity, and 

23 other related programs of the Department 

24 and with private sector stakeholders, includ25 ing critical infrastructure owners and opermstockstill on DSK4VPTVN1PROD with BILLS

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1 ators, to provide training pertinent to im2 proving coordination, security, and resil3 iency of critical infrastructure. 

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

5 Director shall provide to the Committee on 

6 Homeland Security of the House of Representa7 tives and the Committee on Homeland Security 

8 and Governmental Affairs of the Senate, upon 

9 request, information on activities undertaken in 

10 the previous year pursuant to subparagraph (A). 

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

12 may detail employees of FLETC to positions through13 out the Department in furtherance of improving the 

14 effectiveness and quality of training provided by the 

15 Department and, as appropriate, the development of 

16 critical departmental programs and initiatives. 

17 ‘‘(6) DETAIL OF INSTRUCTORS TO FLETC.—Part18 ner organizations that wish to participate in FLETC 

19 training programs shall assign non-reimbursable de20 tailed instructors to FLETC for designated time peri21 ods to support all training programs at FLETC, as 

22 appropriate. The Director shall determine the number 

23 of detailed instructors that is proportional to the 

24 number of training hours requested by each partner 

25 organization scheduled by FLETC for each fiscal 

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1 year. If a partner organization is unable to provide 

2 a proportional number of detailed instructors, such 

3 partner organization shall reimburse FLETC for the 

4 salary equivalent for such detailed instructors, as ap5 propriate. 

6 ‘‘(7) PARTNER ORGANIZATION EXPENSES RE7 QUIREMENTS.— 

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

9 shall be responsible for the following expenses: 

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

11 expenses, and miscellaneous per diem allow12 ances of their personnel attending training 

13 courses at FLETC. 

14 ‘‘(ii) Salaries and travel expenses of 

15 instructors and support personnel involved 

16 in conducting advanced training at FLETC 

17 for partner organization personnel and the 

18 cost of expendable supplies and special 

19 equipment for such training, unless such 

20 supplies and equipment are common to 

21 FLETC-conducted training and have been 

22 included in FLETC’s budget for the appli23 cable fiscal year. 

24 ‘‘(B) EXCESS BASIC AND ADVANCED FED25 ERAL TRAINING.—All hours of advanced training 

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1 and hours of basic training provided in excess of 

2 the training for which appropriations were made 

3 available shall be paid by the partner organiza4 tions and provided to FLETC on a reimbursable 

5 basis in accordance with section 4104 of title 5, 

6 United States Code. 

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

8 ‘‘(A) IN GENERAL.—The Director is author9 ized to charge and retain fees that would pay for 

10 its actual costs of the training for the following: 

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

12 law enforcement personnel. 

13 ‘‘(ii) Foreign law enforcement officials, 

14 including provision of such training at the 

15 International Law Enforcement Academies 

16 wherever established. 

17 ‘‘(iii) Private sector security officers, 

18 participants in the Federal Flight Deck Of19 ficer program under section 44921 of title 

20 49, United States Code, and other appro21 priate private sector individuals. 

22 ‘‘(B) WAIVER.—The Director may waive the 

23 requirement for reimbursement of any cost under 

24 this section and shall maintain records regard25 ing the reasons for any requirements so waived. 

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1 ‘‘(9) REIMBURSEMENT.—The Director is author2 ized to reimburse travel or other expenses for non3 Federal personnel who attend activities related to 

4 training sponsored by FLETC, at travel and per 

5 diem rates established by the General Services Admin6 istration. 

7 ‘‘(10) STUDENT SUPPORT.—In furtherance of its 

8 training mission, the Director is authorized to pro9 vide the following support to students: 

10 ‘‘(A) Athletic and related activities. 

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

12 ‘‘(C) Chaplain services. 

13 ‘‘(11) AUTHORITY TO HIRE FEDERAL ANNU14 ITANTS.— 

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

16 other provision of law, the Director is authorized 

17 to appoint and maintain, as necessary, Federal 

18 annuitants who have expert knowledge and expe19 rience to meet the training responsibilities under 

20 this subsection. 

21 ‘‘(B) NO REDUCTION IN RETIREMENT

22 PAY.—A Federal annuitant employed pursuant 

23 to this paragraph shall not be subject to any re24 duction in pay for annuity allocable to the pe25 riod of actual employment under the provisions 

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1 of section 8344 or 8468 of title 5, United States 

2 Code, or similar provision of any other retire3 ment system for employees. 

4 ‘‘(C) RE-EMPLOYED ANNUITANTS.—A Fed5 eral annuitant employed pursuant to this para6 graph shall not be considered an employee for 

7 purposes of subchapter III of chapter 83 or chap8 ter 84 of title 5, United States Code, or such 

9 other retirement system (referred to in subpara10 graph (B)) as may apply. 

11 ‘‘(D) COUNTING.—Federal annuitants shall 

12 be counted on a full time equivalent basis. 

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

14 this paragraph may be made which would result 

15 in the displacement of any employee. 

16 ‘‘(12) TRAVEL FOR INTERMITTENT EMPLOY17 EES.—The Director is authorized to reimburse inter18 mittent Federal employees traveling from outside a 

19 commuting distance (to be predetermined by the Di20 rector) for travel expenses and to compensate such em21 ployees for time spent traveling from their homes to 

22 work sites. 

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

24 other provision of law, individuals attending training at 

25 any FLETC facility shall, to the extent practicable and in 

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1 accordance with FLETC policy, reside in on-FLETC or 

2 FLETC-provided housing. 

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

4 further the goals and objectives of FLETC, the Director is 

5 authorized to— 

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

7 enhance community support of law enforcement 

8 training, including the advertisement of available law 

9 enforcement training programs; 

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

11 and personal, and to accept gifts of services, for pur12 poses that promote the functions of the Director pur13 suant to subsection (c) and the training responsibil14 ities of the Director under subsection (d); 

15 ‘‘(3) accept reimbursement from other Federal 

16 agencies for the construction or renovation of training 

17 and support facilities and the use of equipment and 

18 technology on government owned-property; 

19 ‘‘(4) obligate funds in anticipation of reimburse20 ments from agencies receiving training at FLETC, 

21 except that total obligations at the end of a fiscal year 

22 may not exceed total budgetary resources available at 

23 the end of such fiscal year; 

24 ‘‘(5) in accordance with the purchasing author25 ity provided under section 505 of the Department of 

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1 Homeland Security Appropriations Act, 2004 (Public 

2 Law 108–90; 6 U.S.C. 453a)— 

3 ‘‘(A) purchase employee and student uni4 forms; and 

5 ‘‘(B) purchase and lease passenger motor 

6 vehicles, including vehicles for police-type use; 

7 ‘‘(6) provide room and board for student interns; 

8 and 

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

10 memorialize FLETC graduates who have died in the 

11 line of duty. 

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

13 ‘‘(1) BASIC TRAINING.—The term ‘basic training’ 

14 means the entry-level training required to instill in 

15 new Federal law enforcement personnel fundamental 

16 knowledge of criminal laws, law enforcement and in17 vestigative techniques, laws and rules of evidence, 

18 rules of criminal procedure, constitutional rights, 

19 search and seizure, and related issues. 

20 ‘‘(2) DETAILED INSTRUCTORS.—The term ‘de21 tailed instructors’ means personnel who are assigned 

22 to the Federal Law Enforcement Training Centers for 

23 a period of time to serve as instructors for the pur24 pose of conducting basic and advanced training. 

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

2 Director of the Federal Law Enforcement Training 

3 Centers. 

4 ‘‘(4) DISTRIBUTED LEARNING.—The term ‘dis5 tributed learning’ means education in which students 

6 take academic courses by accessing information and 

7 communicating with the instructor, from various lo8 cations, on an individual basis, over a computer net9 work or via other technologies. 

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

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

12 United States Code. 

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

14 agency’ means— 

15 ‘‘(A) an Executive Department as defined 

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

17 ‘‘(B) an independent establishment as de18 fined in section 104 of title 5, United States 

19 Code; 

20 ‘‘(C) a Government corporation as defined 

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

22 ‘‘(D) the Government Printing Office; 

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

24 ‘‘(F) the United States Supreme Court Po25 lice; and 

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1 ‘‘(G) Government agencies with law enforce2 ment related duties. 

3 ‘‘(7) LAW ENFORCEMENT PERSONNEL.—The term 

4 ‘law enforcement personnel’ means an individual, in5 cluding criminal investigators (commonly known as 

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

7 ‘officers’), who has statutory authority to search, seize, 

8 make arrests, or to carry firearms. 

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

10 ‘‘(A) of or pertaining to any county, parish, 

11 municipality, city, town, township, rural com12 munity, unincorporated town or village, local 

13 public authority, educational institution, special 

14 district, intrastate district, council of govern15 ments (regardless of whether the council of gov16 ernments is incorporated as a nonprofit corpora17 tion under State law), regional or interstate gov18 ernment entity, any agency or instrumentality 

19 of a local government, or any other political sub20 division of a State; and 

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

22 organization, or in Alaska a Native village or 

23 Alaska Regional Native Corporation. 

24 ‘‘(9) PARTNER ORGANIZATION.—The term ‘part25 ner organization’ means any Federal agency particimstockstill on DSK4VPTVN1PROD with BILLS

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1 pating in FLETC’s training programs under a for2 mal memorandum of understanding. 

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

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

5 the Commonwealth of Puerto Rico, the Virgin Islands, 

6 Guam, American Samoa, the Commonwealth of the 

7 Northern Mariana Islands, and any possession of the 

8 United States. 

9 ‘‘(11) STUDENT INTERN.—The term ‘student in10 tern’ means any eligible baccalaureate or graduate de11 gree student participating in FLETC’s College Intern 

12 Program. 

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

14 authorized to carry out this section. This section shall be 

15 carried out using amounts otherwise appropriated or made 

16 available for such purpose.’’. 

17 (b) CLERICAL AMENDMENT.—The table of contents in 

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

19 amended by amending the item relating to section 884 to 

20 read as follows: 

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

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Union Calendar No. 262 

114TH CONGRESS 

1ST SESSION H. R. 3842 

[Report No. 114–343, Part I] 

A BILL 

To improve homeland security, including domestic 

for other purposes. ters to provide training to first responders, and forming Federal Law Enforcement Training Cenpreparedness and response to terrorism, by reNOVEMBER 19, 2015 

Reported from the Committee on Homeland Security 

N

with an amendment 

OVEMBER 19, 2015 

The Committee on the Judiciary discharged; committed 

the Union and ordered to be printed to the Committee of the Whole House on the State of 

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