6 U.S.C. § 464 — Federal Law Enforcement Training Cen-

Page 235 TITLE 6—DOMESTIC SECURITY § 464 integrate the activities of Federal, State, and local governments in the National Capital Region, as defined in section 882 of the Homeland Security Act of 2002 (Public Law 107–296) [6 U.S.C. 462]’’. § 463. Requirement to comply with laws pro- tecting equal employment opportunity and providing whistleblower protections Nothing in this chapter shall be construed as exempting the Department from requirements applicable with respect to executive agencies— (1) to provide equal employment protection for employees of the Department (including pursuant to the provisions in section 2302(b)(1) of title 5 and the Notification and Federal Em- ployee Antidiscrimination and Retaliation Act of 2002 (Public Law 107–174)); or (2) to provide whistleblower protections for employees of the Department (including pur- suant to the provisions in section 2302(b)(8) and (9) of such title and the Notification and Federal Employee Antidiscrimination and Re- taliation Act of 2002). (Pub. L. 107–296, title VIII, § 883, Nov. 25, 2002, 116 Stat. 2247.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in introductory provisions, was in the original ‘‘this Act’’, meaning Pub. L. 107–296, Nov. 25, 2002, 116 Stat. 2135, known as the Homeland Se- curity Act of 2002, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 101 of this title and Tables. The Notification and Federal Employee Antidiscrimi- nation and Retaliation Act of 2002, referred to in pars. (1) and (2), is Pub. L. 107–174, May 15, 2002, 116 Stat. 566, which is set out as a note under section 2301 of Title 5, Government Organization and Employees. For com- plete classification of this Act to the Code, see Tables. § 464. Federal Law Enforcement Training Cen- ters (a) Establishment The Secretary shall maintain in the Depart- ment 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 stra- tegic and tactical organizational program plan and priorities; (2) provide direction and management for FLETC’s training facilities, programs, and support activities while ensuring that organi- zational program goals and priorities are exe- cuted in an effective and efficient manner; (3) develop homeland security and law en- forcement training curricula, including cur- ricula 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 cur- ricula, including curricula related to domestic preparedness and response to threats or acts of terrorism, and facilities; (5) ensure the timely dissemination of home- land security information as necessary to Fed- eral, State, local, tribal, territorial, and inter- national law enforcement and security agen- cies and the private sector to achieve the training goals for such entities, in accordance with paragraph (1); (6) carry out delegated acquisition respon- sibilities 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 respon- sible prospective contractors; and (iii) Department acquisition manage- ment directives; and (B) maximizes opportunities for small business participation; (7) coordinate and share information with the heads of relevant components and offices on digital learning and training resources, as appropriate; (8) advise the Secretary on matters relating to executive level policy and program admin- istration of Federal, State, local, tribal, terri- torial, and international law enforcement and security training activities and private sector security agency training activities, including training activities related to domestic pre- paredness and response to threats or acts of terrorism; (9) collaborate with the Secretary and rel- evant officials at other Federal departments and agencies, as appropriate, to improve inter- national instructional development, training, and technical assistance provided by the Fed- eral 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 train- ing to employees of Federal agencies who are engaged, directly or indirectly, in homeland security operations or Federal law enforce- ment 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 enforce- ment training methods and curriculum con- tent to maintain state-of-the-art expertise in adult learning methodology; (B) provide expertise and technical assist- ance, including on domestic preparedness and response to threats or acts of terrorism, to Federal, State, local, tribal, territorial, and international law enforcement and secu- rity agencies and private sector security agencies; and (C) maintain a performance evaluation process for students. Page 236 TITLE 6—DOMESTIC SECURITY § 464 (2) Relationship with law enforcement agen- cies The Director shall consult with relevant law enforcement and security agencies in the de- velopment and delivery of FLETC’s training programs. (3) Training delivery locations The training required under paragraph (1) may be conducted at FLETC facilities, at ap- propriate 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 train- ing, including maritime law enforcement training; and (ii) coordinate with the Director of the Cybersecurity and Infrastructure Security Agency and with private sector stake- holders, including critical infrastructure owners and operators, to provide training pertinent to improving coordination, secu- rity, and resiliency of critical infrastruc- ture. (B) Provision of information The Director shall provide to the Com- mittee on Homeland Security of the House of Representatives and the Committee on Homeland Security and Governmental Af- fairs of the Senate, upon request, informa- tion 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 Depart- ment in furtherance of improving the effec- tiveness and quality of training provided by the Department and, as appropriate, the devel- opment of critical departmental programs and initiatives. (6) Detail of instructors to FLETC Partner organizations that wish to partici- pate in FLETC training programs shall assign non-reimbursable detailed instructors to FLETC for designated time periods to support all training programs at FLETC, as appro- priate. The Director shall determine the num- ber 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 orga- nization is unable to provide a proportional number of detailed instructors, such partner organization shall reimburse FLETC for the salary equivalent for such detailed instruc- tors, as appropriate. (7) Partner organization expenses require- ments (A) In general Partner organizations shall be responsible for the following expenses: (i) Salaries, travel expenses, lodging ex- penses, and miscellaneous per diem allow- ances of their personnel attending training courses at FLETC. (ii) Salaries and travel expenses of in- structors 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 appli- cable fiscal year. (B) Excess basic and advanced Federal train- ing 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 orga- nizations and provided to FLETC on a reim- bursable basis in accordance with section 4104 of title 5. (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, par- ticipants in the Federal Flight Deck Offi- cer program under section 44921 of title 49, and other appropriate private sector indi- viduals. (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 per- sonnel who attend activities related to train- ing 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 annu- itants who have expert knowledge and expe- rience 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 Page 237 TITLE 6—DOMESTIC SECURITY § 464 1 So in original. Probably should be ‘‘Government-owned prop- erty;’’. reduction in pay for annuity allocable to the period of actual employment under the pro- visions of section 8344 or 8468 of title 5 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 or such other retirement system (referred to in sub- paragraph (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 displace- ment 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 pre- determined by the Director) for travel ex- penses. (e) On-FLETC housing Notwithstanding any other provision of law, individuals attending training at any FLETC fa- cility shall, to the extent practicable and in ac- cordance 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 enforce- ment 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; 1 (4) obligate funds in anticipation of reim- bursements from agencies receiving training at FLETC, except that total obligations at the end of a fiscal year may not exceed total budg- etary resources available at the end of such fiscal year; (5) in accordance with the purchasing au- thority provided under section 453a of this title— (A) purchase employee and student uni- forms; and (B) purchase and lease passenger motor ve- hicles, including vehicles for police-type use; (6) provide room and board for student in- terns; 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 Fed- eral law enforcement personnel fundamental knowledge of criminal laws, law enforcement and investigative techniques, laws and rules of evidence, rules of criminal procedure, con- stitutional rights, search and seizure, and re- lated issues. (2) Detailed instructors The term ‘‘detailed instructors’’ means per- sonnel 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 Cen- ters. (4) Distributed learning The term ‘‘distributed learning’’ means edu- cation in which students take academic courses by accessing information and commu- nicating with the instructor, from various lo- cations, on an individual basis, over a com- puter network or via other technologies. (5) Employee The term ‘‘employee’’ has the meaning given such term in section 2105 of title 5. (6) Federal agency The term ‘‘Federal agency’’ means— (A) an Executive Department as defined in section 101 of title 5; (B) an independent establishment as de- fined in section 104 of title 5; (C) a Government corporation as defined in section 9101 of title 31; (D) the Government Printing Office; (E) the United States Capitol Police; (F) the United States Supreme Court Po- lice; and (G) Government agencies with law enforce- ment related duties. (7) Law enforcement personnel The term ‘‘law enforcement personnel’’ means an individual, including criminal inves- tigators (commonly known as ‘‘agents’’) and uniformed police (commonly known as ‘‘offi- cers’’), 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 institu- tion, special district, intrastate district, council of governments (regardless of wheth- er the council of governments is incor- porated as a nonprofit corporation under Page 238 TITLE 6—DOMESTIC SECURITY § 464a State law), regional or interstate govern- ment 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 or- ganization, 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 memo- randum 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 Is- lands, Guam, American Samoa, the Common- wealth of the Northern Mariana Islands, and any possession of the United States. (11) Student intern The term ‘‘student intern’’ means any eligi- ble baccalaureate or graduate degree student participating in FLETC’s College Intern Pro- gram. (h) Prohibition on new funding No funds are authorized to carry out this sec- tion. This section shall be carried out using amounts otherwise appropriated or made avail- able for such purpose. (Pub. L. 107–296, title VIII, § 884, Nov. 25, 2002, 116 Stat. 2247; Pub. L. 111–245, § 2(a)(3), Sept. 30, 2010, 124 Stat. 2621; Pub. L. 114–285, § 2(a), Dec. 16, 2016, 130 Stat. 1453; Pub. L. 115–278, § 2(g)(5)(A), Nov. 16, 2018, 132 Stat. 4178; Pub. L. 117–263, div. G, title LXXI, § 7143(c)(2), Dec. 23, 2022, 136 Stat. 3662.) Editorial Notes AMENDMENTS 2022—Subsec. (d)(4)(A)(ii). Pub. L. 117–263 substituted ‘‘Director of the Cybersecurity and Infrastructure Se- curity Agency’’ for ‘‘Director of Cybersecurity and In- frastructure Security’’. 2018—Subsec. (d)(4)(A)(ii). Pub. L. 115–278 substituted ‘‘Director of Cybersecurity and Infrastructure Secu- rity’’ for ‘‘Under Secretary responsible for overseeing critical infrastructure protection, cybersecurity, and other related programs of the Department’’. 2016—Pub. L. 114–285 amended section generally. Prior to amendment, section related to the Federal Law En- forcement Training Center. 2010—Subsec. (c). Pub. L. 111–245 added subsec. (c). Statutory Notes and Related Subsidiaries CHANGE OF NAME Government Printing Office redesignated Govern- ment Publishing Office. See section 1301(b) of Pub. L. 113–235, set out as a note preceding section 301 of Title 44, Public Printing and Documents. RULE OF CONSTRUCTION Nothing in amendment made by Pub. L. 117–263 to be construed to alter the authorities, responsibilities, functions, or activities of any agency (as such term is defined in 44 U.S.C. 3502) or officer or employee of the United States on or before Dec. 23, 2022, see section 7143(f)(1) of Pub. L. 117–263, set out in a note under sec- tion 650 of this title. STANDARDS FOR MEASURING AND ASSESSING THE QUAL- ITY AND EFFECTIVENESS OF FEDERAL LAW ENFORCE- MENT TRAINING Pub. L. 108–334, title V, § 506, Oct. 18, 2004, 118 Stat. 1316, provided that: ‘‘The Federal Law Enforcement Training Center shall establish an accrediting body, to include representatives from the Federal law enforce- ment community and non-Federal accreditation ex- perts involved in law enforcement training, to establish standards for measuring and assessing the quality and effectiveness of Federal law enforcement training pro- grams, facilities, and instructors.’’ Similar provisions were contained in the following prior appropriation acts: Pub. L. 108–90, title V, § 509, Oct. 1, 2003, 117 Stat. 1154. Pub. L. 108–7, div. J, title I, § 122, Feb. 20, 2003, 117 Stat. 439. ANNUAL OUTSTANDING STUDENT AWARD Pub. L. 108–7, div. J, title I, Feb. 20, 2003, 117 Stat. 431, provided in part: ‘‘That the [Federal Law Enforcement Training] Center is authorized to accept and use gifts of property, both real and personal, and to accept serv- ices, for authorized purposes, including funding of a gift of intrinsic value which shall be awarded annually by the Director of the Center to the outstanding student who graduated from a basic training program at the Center during the previous fiscal year, which shall be funded only by gifts received through the Center’s gift authority’’. Similar provisions were contained in the following prior appropriation acts: Pub. L. 107–67, title I, Nov. 12, 2001, 115 Stat. 516. Pub. L. 106–554, § 1(a)(3) [title I], Dec. 21, 2000, 114 Stat. 2763, 2763A–127. Pub. L. 106–58, title I, Sept. 29, 1999, 113 Stat. 432. Pub. L. 105–277, div. A, § 101(h) [title I], Oct. 21, 1998, 112 Stat. 2681–480, 2681–483. Pub. L. 105–61, title I, Oct. 10, 1997, 111 Stat. 1275. Pub. L. 104–208, div. A, title I, § 101(f) [title I], Sept. 30, 1996, 110 Stat. 3009–314, 3009–317. Pub. L. 104–52, title I, Nov. 19, 1995, 109 Stat. 470. Pub. L. 103–329, title I, Sept. 30, 1994, 108 Stat. 2383. Pub. L. 103–123, title I, Oct. 28, 1993, 107 Stat. 1227. Pub. L. 102–393, title I, Oct. 6, 1992, 106 Stat. 1730. Pub. L. 102–141, title I, Oct. 28, 1991, 105 Stat. 835. Pub. L. 101–509, title I, Nov. 5, 1990, 104 Stat. 1390. Pub. L. 101–136, title I, Nov. 3, 1989, 103 Stat. 784. § 464a. Repealed. Pub. L. 111–245, § 2(b)(2), Sept. 30, 2010, 124 Stat. 2621 Section, Pub. L. 108–90, title IV, Oct. 1, 2003, 117 Stat. 1150, related to Federal Law Enforcement Training Cen- ter’s acceptance and use of gifts. See section 464(f)(2) of this title. § 464b. Staffing accreditation function In fiscal year 2004 and thereafter, the Center is authorized to accept detailees from other Fed- eral agencies, on a non-reimbursable basis, to staff the accreditation function. (Pub. L. 108–90, title IV, Oct. 1, 2003, 117 Stat. 1150.) Editorial Notes REFERENCES IN TEXT The Center, referred to in text, means the Federal Law Enforcement Training Center. CODIFICATION Section was enacted as part of the Department of Homeland Security Appropriations Act, 2004, and not as