[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5750 Introduced in House (IH)]

111th CONGRESS
  2d Session
                                H. R. 5750

  To increase the number of Federal air marshals for certain flights, 
 require criminal investigative training for such marshals, create an 
    office and appoint an ombudsman for the marshals, and for other 
                               purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             July 15, 2010

  Ms. Jackson Lee of Texas (for herself and Mr. Dent) introduced the 
    following bill; which was referred to the Committee on Homeland 
                                Security

_______________________________________________________________________

                                 A BILL


 
  To increase the number of Federal air marshals for certain flights, 
 require criminal investigative training for such marshals, create an 
    office and appoint an ombudsman for the marshals, and for other 
                               purposes.

    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 ``FAMS Augmentation Act of 2010''.

SEC. 2. INCREASE IN THE NUMBER OF FEDERAL AIR MARSHALS.

    (a) Increase in Number of Federal Air Marshals.--Not later than 
September 30, 2012, and in accordance with subsection (b), the 
Assistant Secretary (Transportation Security Administration) shall 
increase the number of Federal air marshals so that not less than 1,750 
additional Federal air marshals are hired and deployed, above the 
number of such marshals as of January 31, 2010, to ensure increased 
transportation security for inbound international flights.
    (b) Congressional Intent.--The goal of this Act is to increase the 
number of inbound flights with Federal air marshals onboard while 
maintaining Federal air marshal presence on domestic point-to-point 
flights at or above the level as of December 25, 2009.

SEC. 3. TRAINING OF FEDERAL AIR MARSHALS.

    Section 44917 of title 49, United States Code, is amended by adding 
at the end the following:
    ``(e) Criminal Investigative Training Program.--
            ``(1) New employee training.--Not later than 30 days after 
        the date of enactment of the FAMS Augmentation Act of 2010, the 
        Federal Air Marshal Service shall establish a policy requiring 
        Federal air marshals hired after such date to complete the 
        criminal investigative training program at the Federal Law 
        Enforcement Training Center as part of basic training for 
        Federal air marshals.
            ``(2) Existing employees.--A Federal air marshal who has 
        previously completed the criminal investigative training 
        program may not be required to repeat such program.
            ``(3) Alternative training.--Not later than 3 years after 
        the date of enactment of the FAMS Augmentation Act of 2010, an 
        air marshal hired before such date who has not completed the 
        criminal investigative training program shall be required to 
        attend an alternative training program, as determined by the 
        Director of the Federal Law Enforcement Center, that provides 
        the training necessary to bridge the gap between the mixed 
        basic police training, the Federal air marshal programs already 
        completed by the Federal air marshal, and the criminal 
        investigative training provided through the criminal 
        investigative training program. Any such alternative program 
        shall be deemed to have met the standards of the criminal 
        investigative training program.
            ``(4) Reservation of funds.--Of the amounts to be 
        appropriated pursuant to section 6 of the FAMS Augmentation Act 
        of 2010, $3,000,000 may be used to carry out this subsection 
        for each of fiscal years 2011 and 2012.
            ``(5) Savings clause.--Nothing in this subsection shall be 
        construed to reclassify Federal air marshals as criminal 
        investigators.''.

SEC. 4. OMBUDSMAN.

    Section 44917 of title 49, United States Code, is further amended 
by adding at the end the following:
    ``(f) Ombudsman.--
            ``(1) Establishment.--The Assistant Secretary shall 
        establish in the Federal Air Marshal Service an Office of the 
        Ombudsman.
            ``(2) Appointment.--The head of the Office shall be the 
        Ombudsman, who shall be appointed by the Assistant Secretary.
            ``(3) Duties.--The Ombudsman shall carry out programs and 
        activities to improve morale, training, and quality of life 
        issues in the Service, including through implementation of the 
        recommendations of the Inspector General of the Department of 
        Homeland Security and the Comptroller General.
            ``(4) Career reserved position.--The position of Ombudsman 
        shall be treated as a career reserved position, as defined by 
        section 3132(a)(8) of title 5, United States Code.
            ``(5) Reservation of funds.--Of the amounts to be 
        appropriated pursuant to section 6 of the FAMS Augmentation Act 
        of 2010, $1,000,000 may be used to carry out this subsection 
        for each of fiscal years 2011 and 2012.''.

SEC. 5. REPORTS.

    (a) Reports.--Beginning on December 31st of 2010 and every 6 months 
thereafter, until the Department has increased, by not less than an 
additional 1,750, the number of Federal air marshals the Assistant 
Secretary shall submit a report to the Committee on Homeland Security 
of the House of Representatives and the Committee on Commerce, Science, 
and Transportation of the Senate on the progress of increasing the 
number of Federal air marshals under this Act, adopting the alternative 
criminal investigative training program, and implementing an ombudsman 
program for such marshals.
    (b) Report Summary.--The report shall include a summary of 
disciplinary personnel actions implemented against Federal air marshals 
by the Department of Homeland Security and complaints and lawsuits 
filed by Federal air marshals against the Department or its agents.

SEC. 6. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated to carry out this Act and 
subsections (d) and (e) of section 44917 of title 49, United States 
Code, $190,000,000 for fiscal year 2011 and $172,000,000 for fiscal 
year 2012.
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