109th CONGRESS
1st Session
S. 2158
To establish a National Homeland Security Academy within the Department
of Homeland Security.
IN THE SENATE OF THE UNITED STATES
December 21, 2005
Mr. LIEBERMAN (for himself and Ms. COLLINS) introduced the following bill;
which was read twice and referred to the Committee on Homeland Security
and Governmental Affairs
A BILL
To establish a National Homeland Security Academy within the Department
of Homeland Security.
Be it enacted by the Senate and House of Representatives of the United
States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the `National Homeland Security Academy Act of
2005'.
SEC. 2. FINDINGS.
(1) homeland security poses a complex challenge for the Nation that can
only be successfully addressed by the combined effort of Federal, State,
and local governments and the private sector;
(2) the United States fields a dedicated workforce to provide homeland
security, but lacks a coordinated homeland security education system that
links a strategy-based education with hands on training and real time
simulation, and fails to make such a system available to the appropriate
government and private sector personnel on a wide scale;
(3) officials at all levels of government should understand the strategic
mission of the Department of Homeland Security, and have access to continuing
education and hands-on training exercises;
(4) the development of a program of professional education and training
that links strategy and training, and coordinates current training among
the many academies and training facilities that fall under the jurisdiction
of the Department of Homeland Security, is essential to meeting the goals
and intent of the Homeland Security Act of 2002;
(5) lessons learned from the Department of Homeland Security's Top Official
Exercises (TOPOFF), and the tragedy of Hurricane Katrina, demonstrate
there is a need to build up institutional knowledge within the Department
and cultivate leaders capable of guiding the Department and the Nation
when catastrophic incidents occur;
(6) modern information technologies provide uniquely powerful tools for
ensuring that material is presented in a way that facilitates rapid and
effective learning for a diverse student body, material being taught is
continuously upgraded and reviewed, and training is available anytime
and anywhere it is needed; and
(7) as the Homeland Security Act of 2002 brought together a number of
Federal agencies with specific and often nonrelated functions to form
a single department, the National Homeland Security Academy will draw
upon the expertise of a variety of existing academic institutions and
innovative programs to educate our homeland security workforce.
SEC. 3. ESTABLISHMENT OF NATIONAL HOMELAND SECURITY ACADEMY.
(a) In General- Title VIII of the Homeland Security Act of 2002 (6 U.S.C.
361 et seq.) is amended by adding after section 801 the following:
`SEC. 802. NATIONAL HOMELAND SECURITY ACADEMY.
`(1) IN GENERAL- The Secretary--
`(A) shall establish the National Homeland Security Academy (referred
to in this section as the `Academy') within the Office of State and
Local Government Coordination and Preparedness of the Department; and
`(B) may enter into cooperative agreements with other agencies or entities
to utilize space and provide for the lease of real property for the
Academy or any component of the Academy.
`(2) COMPOSITION- The Academy shall consist of--
`(A) the National Homeland Security Education and Strategy Center (referred
to in this section as the `Strategy Center') to provide fundamental
instruction and develop a homeland security curriculum focusing primarily
on the Federal Government's overall strategy, goals, methods, and techniques;
`(B) a communications network capable of delivering distance learning
opportunities, at the direction of the Strategy Center;
`(C) the programs of the Office of State and Local Government Coordination
and Preparedness' Center for Homeland Defense and Security located at
the Naval Postgraduate School, and such programs shall be incorporated
into the Academy in a manner to be determined by the Secretary; and
`(D) the National Homeland Security Education Network, which--
`(i) shall be composed of representatives from all of the academies
and training centers within the jurisdiction of the Department;
`(ii) shall work with the Academy to develop a standardized homeland
security curriculum to be incorporated, as appropriate, at each academy
and training center to ensure that the focus of the individual centers
is coordinated with the centralized educational strategies and goals
of the Academy; and
`(iii) shall not affect the respective missions and goals of the participating
academies and training centers.
`(3) MISSION- The mission of the Academy shall be to--
`(A) establish an educational system to--
`(i) cultivate leaders in homeland security; and
`(ii) ensure that Federal, State, local, tribal, and private sector
officials get the full range of skills needed to provide robust homeland
security;
`(B) provide strategic education and training to carry out the missions
of the Department of Homeland Security;
`(C) provide cross-disciplinary and joint education and training to
Federal, State, and local government officials responsible for the direct
application and execution of vital homeland security missions; and
`(D) focus primarily on shorter-term classes and exercises to maximize
participation by the homeland security community.
`(A) IN GENERAL- The Strategy Center shall have an initial annual enrollment
target of 1,000 resident students, as described in subsection (b)(3)(A).
`(B) NON-RESIDENT STUDENTS- The enrollment target under subparagraph
(A) does not include non-resident students, including students who participate
in electronic learning systems.
`(A) IN GENERAL- In addition to providing traditional course work and
hands-on training exercises, the Academy shall encourage the development
and use of modern technology to ensure that the training offered at
the Academy, and to organizations and individuals receiving instruction
over electronic learning systems--
`(i) is tailored to the unique needs of the individuals and groups
that need training;
`(ii) efficiently uses such technology; and
`(iii) translates directly into practical skills.
`(B) INSTRUCTIONAL MATERIALS- The Academy shall develop instructional
requirements for courses related to its mission that are supported with
materials that are adequately reviewed and continuously updated.
`(i) IN GENERAL- The Academy may establish certification criteria
for students in areas related to its mission, in consultation with
the Network established under subsection (e).
`(ii) RECERTIFICATION- The criteria established under clause (i) shall
include requirements for recertification and ensure the availability
of needed assessment tools.
`(D) INFORMATION REPOSITORY- The Academy shall provide a repository
of approved instructional materials, instructional software, and other
materials that are easily accessible by participants.
`(E) COMMUNICATION NETWORKS- The Academy shall certify, and operate,
if necessary, a secure, reliable communication system capable of delivering
instructional materials to participants at any time and place.
`(F) INSTRUCTION AND EXPERTISE- The Academy shall certify instructors,
experts, counselors, and other individuals who can provide answers and
advice to students over communication systems.
`(A) RESPONSIBILITIES- The Strategy Center shall--
`(i) provide curriculum development and classroom instruction for
resident students that focus on the strategic goals, methods, and
techniques for homeland security;
`(ii) provide instruction--
`(I) primarily to Federal employees described under subsection (b)(3)(A)
with homeland security responsibilities; and
`(II) to small numbers of State and local government officials and
private individuals; and
`(iii) direct the operation of the Academy's electronic learning systems.
`(B) CURRICULUM- The curriculum taught at the Strategy Center shall--
`(i) include basic education about homeland security, the Department,
and the relationship of the directorates within the Department;
`(ii) include the relationship between the Department and other Federal,
State, and local agencies with homeland security responsibilities;
and
`(iii) be developed with assistance from the National Homeland Security
Education Network.
`(1) EXECUTIVE DIRECTOR- The Secretary shall appoint an Executive Director
for the Academy, who shall--
`(A) administer the operations of the Academy;
`(B) establish an Academic Board, to be headed by the Dean of the Academic
Board, appointed under paragraph (2);
`(C) hire initial staff and faculty, as appropriate and necessary;
`(D) contract with practitioners and experts, as appropriate, to supplement
academic instruction;
`(E) make recommendations to the Secretary regarding long-term staffing
and funding levels for the Academy; and
`(F) report to the Executive Director of the Office of State and Local
Government Coordination and Preparedness.
`(2) DEAN OF THE ACADEMIC BOARD- The Executive Director shall appoint,
with the approval of the Secretary, a permanent professor to serve as
Dean of the Academic Board and perform such duties as the Executive Director
may prescribe.
`(3) DIRECTOR OF ADMISSIONS- The Executive Director shall appoint, with
the approval of the Secretary, a Director of Admissions, who shall--
`(A) grant admission to the Strategy Center to--
`(i) new employees of the Department, who have clear homeland security
responsibilities;
`(ii) mid-level executive employees of the Department, including employees
that receive academy or other training, who demonstrate a need for
cross-disciplinary or advanced education and training and have been
endorsed by the appropriate Under Secretary;
`(iii) other Federal employees with homeland security responsibilities
who have been endorsed by the head of their agency;
`(iv) State and local employees who--
`(I) demonstrate a clear responsibility for providing homeland security;
and
`(II) possess the nomination of the Governor of their State, or
Head of applicable jurisdiction; and
`(v) private sector applicants who demonstrate a clear responsibility
for providing homeland security;
`(B) ensure that students from each level of government and the private
sector are included in all programs and classes, whenever appropriate;
and
`(C) perform such duties as the Executive Director may prescribe.
`(1) ESTABLISHMENT- Before the Academy admits any students, the Secretary
shall establish a Board of Visitors (in this section referred to as the
`Board') to--
`(A) assist in the development of curriculum and programs at the Academy;
and
`(B) recommend the site for the location of the Strategy Center.
`(A) COMPOSITION- The Board will be composed of--
`(i) the Secretary, or designee, who shall serve as chair;
`(ii) the Executive Director of the Academy, or designee, who shall
be a nonvoting member;
`(iii) the Chairman of the Committee on Homeland Security and Governmental
Affairs of the Senate, or designee;
`(iv) the Ranking Member of the Committee on Homeland Security and
Governmental Affairs of the Senate, or designee;
`(v) the Chairman of the Committee on Homeland Security of the House
of Representatives, or designee;
`(vi) the Ranking Member of the Committee on Homeland Security of
the House of Representatives, or designee;
`(vii) the Secretary of Health and Human Services, or designee;
`(viii) the Secretary of Defense, or designee;
`(ix) the Secretary of Education, or designee;
`(x) the Secretary of Transportation, or designee;
`(xi) the Director of the Federal Bureau of Investigation, or designee;
`(xii) 4 persons, who shall be appointed by the Secretary for 2-year
terms to represent State and local governments; and
`(xiii) 4 persons, who shall be appointed by the Secretary for 2-year
terms to represent first responders.
`(B) PROHIBITION- Any person described under subparagraph (A), whose
membership on the Board would create a conflict of interest, shall not
serve as a member of the Board.
`(C) VACANCIES- If a member of the Board dies or resigns from office,
the official who designated the member shall designate a successor for
the unexpired portion of the term.
`(A) ACADEMY VISITS- The Board shall visit the Academy not less than
annually, and may, with the approval of the Secretary, make other visits
to the Academy in connection with the duties of the Board or to consult
with the Executive Director of the Academy.
`(B) INQUIRIES- The Board shall inquire into the curriculum, instruction,
physical equipment, fiscal affairs, academic methods, student body composition,
and other matters relating to the Academy that the Board decides to
consider.
`(i) ANNUAL REPORT- Not later than 60 days after each annual visit,
the Board shall submit a written report to the Secretary, which describes
its action, and of its views and recommendations pertaining to the
Academy.
`(ii) ADDITIONAL REPORTS- Any report of a visit, other than the annual
visit, shall, if approved by a majority of the members of the Board,
be submitted to the Secretary not later than 60 days after the approval.
`(4) TRAVEL EXPENSES- The members of the Board shall be allowed travel
expenses, including per diem in lieu of subsistence, at rates authorized
for employees of agencies under subchapter I of chapter 57 of title 5,
United States Code, while away from their homes or regular places of business
in the performance of services for the Board.
`(d) Reports to Congress-
`(1) CURRICULUM AND ATTENDANCE- The Secretary shall submit an annual report
that describes the curriculum of, and enrollment at, the Academy to--
`(A) the Committee on Homeland Security and Governmental Affairs of
the Senate; and
`(B) the Committee on Homeland Security of the House of Representatives.
`(2) FEASIBILITY REPORT- Not later than 1 year after the establishment
of the Academy, the Secretary shall submit a report to the Committee on
Homeland Security and Governmental Affairs of the Senate and the Committee
on Homeland Security of the House of Representatives that--
`(A) recommends an appropriate combination of students from Federal,
State, and local government and the private sector, and the percentage
of costs related to the education of each of these student groups that
should be reimbursable;
`(B) describes the feasibility of expanding the Academy in regional
offices established by the Department or other government or university
programs to provide ongoing education and training for Federal employees
with homeland security responsibilities; and
`(C) describes the feasibility of providing education for the general
public through electronic learning systems.
`(e) National Homeland Security Education Network-
`(1) ESTABLISHMENT- The Executive Director of the Academy shall establish
a National Homeland Security Education Network (referred to in this section
as the `Network'), as described under subsection (a)(2)(B).
`(2) MEMBERSHIP- The Network shall be comprised of representatives from
Federal training and certification organizations, including--
`(A) the National Homeland Security Academy;
`(B) the Office of Domestic Preparedness;
`(C) the National Domestic Preparedness Consortium;
`(D) the Center for Homeland Defense and Security at the Naval Postgraduate
School;
`(E) the Federal Law Enforcement Training Center, including all schools
or training and education programs managed or co-located with the Center;
`(F) the Customs and Border Protection Academy;
`(G) the Border Patrol Academy;
`(H) the Bureau of Immigration and Customs Enforcement Academy;
`(I) the Secret Service Academy;
`(J) the United States Coast Guard Academy, including all schools within
the jurisdiction of the Coast Guard Academy;
`(K) the Emergency Management Institute;
`(L) the Animal and Plant Health Inspection Service Training Program;
`(M) the Federal Air Marshal Training Center;
`(N) the National Fire Academy; and
`(O) other relevant training facilities within the Department.
`(3) CURRICULUM REQUIREMENTS- The curriculum and course work developed
as part of the Network shall be incorporated into the curriculum of the
institutions listed under paragraph (2), as appropriate, to ensure that
students at these institutions understand how their homeland security
responsibilities relate to other homeland security responsibilities in
the Department and other Federal, State, and local agencies. The training
centers and academies listed under paragraph (2) shall retain their respective
missions and goals.
`(4) SEMI-ANNUAL MEETINGS- The Executive Director and the Dean of the
Academic Board shall meet with the Network not less than once every 6
months to--
`(A) discuss curriculum requirements; and
`(B) coordinate training activities within the Network.
`(5) REPORTS- Not later than 2 years after the date of enactment of this
section, and every 2 years thereafter, the Network shall submit a report
to the Committee on Homeland Security and Governmental Affairs of the
Senate and the Committee on Homeland Security of the House of Representatives,
which describes the Network's--
`(A) strategy for using advanced instructional technologies;
`(B) plans for future improvement; and
`(C) success in working with other organizations in achieving the goals
described under subparagraphs (A) and (B).'.
(b) Technical Amendment- Section 1(b) of the Homeland Security Act of 2002
(Public Law 107-296) is amended by inserting after the item relating to
section 801 the following:
`Sec. 802. National Homeland Security Academy.'.
SEC. 4. STATE AND LOCAL EDUCATION AND TRAINING COORDINATOR.
The Secretary of Homeland Security shall appoint a State and Local Education
and Training Coordinator to serve in the Office of State and Local Government
Coordination and Preparedness, who shall--
(1) serve as the primary point of contact between Federal, State, and
local training facilities, the National Homeland Security Academy, and
the Office of State and Local Government Coordination and Preparedness,
in order to--
(A) maximize the ability of the Academy to identify non-Academy programs
that meet specific training goals and are crucial to the Nation's homeland
security mission; and
(B) assist the Academy and the Office of State and Local Government
Coordination and Preparedness in determining where to direct Federal
training funds; and
(2) at least semiannually, conduct meetings with a coalition of State
and local education and training facilities to--
(A) allow State and local fire, rescue, and law enforcement training
facilities to provide input on decisions made concerning the training
of first responders; and
(B) increase curriculum coordination between the Academy and Federal,
State, and local facilities.
SEC. 5. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to carry out the amendment made
by section 3 such sums as may be necessary for each of the fiscal years
2006 through 2009.
END
