I 111th CONGRESS 2d Session H. R. 5750 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.

1.

Short title

This Act may be cited as the FAMS Augmentation Act of 2010.

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.

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. .

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. .

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.

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.