[Congressional Record Volume 155, Number 177 (Wednesday, December 2, 2009)]
[House]
[Pages H13415-H13417]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




            CRIMINAL INVESTIGATIVE TRAINING RESTORATION ACT

  Ms. JACKSON-LEE of Texas. Mr. Speaker, I move to suspend the rules 
and pass the bill (H.R. 3963) to provide specialized training to 
Federal air marshals.
  The Clerk read the title of the bill.
  The text of the bill is as follows:

                               H.R. 3963

       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 ``Criminal Investigative 
     Training Restoration Act''.

     SEC. 2. 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 Criminal Investigative Training 
     Restoration Act, the Federal Air Marshal Service shall 
     require 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 shall not be required to repeat such program.
       ``(3) Alternative training.--Not later than 3 years after 
     the date of enactment of the Criminal Investigative Training 
     Restoration Act, an air marshal hired before such date who 
     has not completed the criminal investigative training program 
     shall be required to complete a alternative training program, 
     as determined by 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) Authorization of appropriations.--Not less than 
     $3,000,000 is authorized to be appropriated for each of 
     fiscal years 2010 and 2011 to carry out this subsection.
       ``(5) Savings clause.--Nothing in this subsection shall be 
     construed to reclassify Federal air marshals as criminal 
     investigators.''.

  The SPEAKER pro tempore. Pursuant to the rule, the gentlewoman from 
Texas (Ms. Jackson-Lee) and the gentleman from California (Mr. Daniel 
E. Lungren) each will control 20 minutes.
  The Chair recognizes the gentlewoman from Texas.


                             General Leave

  Ms. JACKSON-LEE of Texas. Mr. Speaker, I ask unanimous consent that 
all Members may have 5 legislative days in which to revise and extend 
their remarks and insert extraneous material on the bill under 
consideration.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentlewoman from Texas?
  There was no objection.
  Ms. JACKSON-LEE of Texas. Mr. Speaker, I rise in support of this bill 
and yield myself such time as I may consume.
  First of all, I'm grateful to the gentleman from California (Mr. 
Daniel E. Lungren), who I have worked with before, who's worked 
tirelessly on this issue. I'm honored to be a cosponsor of this 
important legislation, and I do applaud his work.
  This legislation will help to bolster the effectiveness and morale of 
the Federal Air Marshal Service, many of whom I visited with over my 
tenure as a member of the Homeland Security Committee. In my position 
as chairwoman of the Subcommittee on Transportation Security and 
Infrastructure Protection, I have promoted the need to keep our modes 
of transportation secure and to ensure that employees of the Department 
of Homeland Security have professional growth opportunities and are 
treated fairly and given the opportunity to exercise their concern and 
have this Congress and this executive listen to their concerns. This 
bill works towards both of these important objectives.
  The Federal Air Marshal Service had to quickly expand its size and 
efforts in the wake of attacks on September 11, 2001. This bill helps 
to restore more training measures in a way that is consistent with that 
necessary expansion. In addition, this legislation provides for 
potential promotion opportunities.
  I would like to note that this provision was offered and rejected 
during the markup of H.R. 2200, the TSA authorization bill that I wrote 
earlier and which passed the House in a bipartisan manner. At that time 
I did not feel as though it contained the necessary language to ensure 
that it would not adversely impact the salaries and benefits of Federal 
air marshals. Working

[[Page H13416]]

with the gentleman from California, as we have promised, we were able 
to agree on language that eliminates my concern. I thank the gentleman 
for his cooperation and collaboration for a very important step 
forward. Accordingly, I'm confident that Federal air marshals will 
not--and cannot--be wrongly classified as ``criminal investigators.''
  Taken as a whole, this bill demonstrates a commitment to the Federal 
air marshals who help to keep us safe. This is a well-balanced bill 
that will improve the security of the traveling public.
  I look forward to the bipartisan passage of H.R. 3963 and reserve the 
balance of my time.
  Mr. DANIEL E. LUNGREN of California. Mr. Speaker, I yield myself such 
time as I may consume. I thank the gentlelady for her gracious comments 
and her support of this bill. I rise in support of H.R. 3963, the 
Federal Air Marshals Criminal Investigative Training Restoration Act, a 
bill that I have authored.
  Prior to 9/11, the criminal investigative training program at the 
Federal Law Enforcement Training Center was an essential part of the 
training that we have for our Federal air marshals, commonly referred 
to as FAMs. The events of 9/11, however, necessitated an emergency 
situation in which we were required to rapidly hire, train, and deploy 
thousands of new FAMs.
  In order to meet these ambitious deployment mandates, the newly hired 
members of this corps, without prior Federal law enforcement 
experience, were not required to take the criminal investigative 
training program. It was not because we did not wish them to have it, 
but that would have delayed their deployment, and we were under an 
emergency situation. We realized that additional Federal air marshals 
were essential to the overall response to the threat we then knew to be 
real.
  It has always been the intent of the Federal Air Marshal Service, 
however, to resume using the criminal investigative training program as 
part of the basic training for FAMs. This bill will restore the 
criminal investigative training program as part of the basic training 
for the members of this organization.
  Crucial to the mission of the Federal air marshals is the ability to 
detect, deter, and prevent terrorists or other criminal hostile acts 
targeting our U.S. air carriers, airports, passengers, crew, or other 
transportation modes. Currently, the FAMs are required to take a mixed 
basic police training program and a FAMS-specific course at the Federal 
Law Enforcement Training Center, known as FLETC. Restoring the criminal 
investigative training will provide FAMs with the additional knowledge 
and skills required to resolve situations on the ground as well as 
respond to situations in-flight.
  The additional training--it is 12 weeks long--includes law 
enforcement interview, interrogation, and behavioral assessment skills 
and techniques. It will, undoubtedly, provide our Federal air marshals 
with improved law enforcement skills not only to fly missions, but to 
perform the enhanced roles with our visual intermodal protection and 
response teams--that is our VIPR teams--and other ground-based law 
enforcement. It therefore enhances the FAMs' layer of security.
  Detection is the principle tool utilized by the VIPR teams to disrupt 
terrorist operations, and these investigative techniques are not 
currently taught to our Federal air marshals. It also provides the 
Department of Homeland Security Secretary and the TSA administrator a 
highly trained, agile, and motivated workforce capable of meeting the 
security challenges facing not only our transportation sector, but also 
the homeland itself.
  Now, Mr. Speaker, our Federal air marshals have expressed a strong 
desire for advancement opportunities within the Service and the 
opportunity to gain greater investigative experience. This legislation 
affords these opportunities and is an important step in improving 
operations at the Federal Air Marshal Service. Restoring the criminal 
investigative training to the Federal Air Marshal Service would also 
improve morale tremendously. These are trained individuals who seek to 
be recognized as essential members of our overall law enforcement 
communities. This will give them the kind of training that will assist 
them not only in their job, but should they pursue other lines of 
employment in the world of law enforcement. This will provide them with 
the background which will assist in that.
  The Federal Air Marshal Service supports the restoration of criminal 
investigative training to their membership. The Federal Law Enforcement 
Officers Association also supports it. However, I want to emphasize 
this bill does not in any way reclassify the Federal air marshals as 
criminal investigators, known as series 1811 employees. The bill 
therefore before us states expressly that nothing in the bill would be 
construed as reclassifying FAMs as criminal investigators. That should 
clear up any question of a budgetary nature with respect to this bill.
  I would ask for House bipartisan support of this legislation, and I 
reserve the balance of my time.
  Ms. JACKSON-LEE of Texas. Mr. Speaker, at this time I have no further 
speakers. I would inquire whether the gentleman is prepared to close.
  Mr. DANIEL E. LUNGREN of California. I am prepared to close, as I 
have no further speakers. I thank the gentlelady for her support on 
this. I thank both sides of the aisle, both staff and members of the 
committee. This is a commonsense approach. It's the kind of thing that 
we ought to be working on together--we have worked on together here--
and I hope it will pass unanimously.
  With that, I would yield back the balance of my time.
  Ms. JACKSON-LEE of Texas. Mr. Speaker, I yield myself such time as I 
may consume.
  Let me first of all thank my good friend, Mr. Lungren, again, for his 
cooperation in this effort. I'd like to reemphasize points that he has 
made that should be reemphasized.
  One, we are gratified that we have Federal U.S. Air Marshals, and we 
thank them for their service. They are peace officers, as we use that 
terminology in Texas. They are law enforcement officers. We're 
gratified for that expertise. This legislation will help them add to 
their portfolio in training on investigation, because there is not a 
single action that may occur that would require their service that does 
not require us to have the details and the information in order to 
bring individuals to justice. This is important.
  Might I just add that Federal air marshals have risen to the call of 
duty. Federal air marshals came to New Orleans, Louisiana, during 
Hurricane Katrina. Federal air marshals have been called upon in time 
of disaster, and they have answered the call.
  So I think it is important to note as we stand on the floor of the 
House to present this legislation to enhance their training that we 
appreciate their service. We thank them for the sacrifice of their 
families as they travel internationally on behalf of the American 
people.
  Mr. THOMPSON of Mississippi. Mr. Speaker, I rise in support of H.R. 
3963, the ``Criminal Investigative Training Restoration Act,'' which 
has the potential of bolstering the effectiveness and morale of the 
Federal Air Marshal Service.
  Specifically, this is a bipartisan bill adds the Federal Law 
Enforcement Training Center's criminal investigative training program 
to the basic training required for Federal Air Marshals.
  H.R. 3963 directs the Federal Air Marshal Service to provide criminal 
investigative training to all newly hired FAMs within 30 days of 
enactment.
  The bill creates a three-year window for all current FAMs to be 
provided this additional training.
  This training was provide to FAMs prior to 2001 but was halted to 
allow the Federal Air Marshal Service to swiftly ramp up its workforce 
in response to the September 11th attacks.
  Unfortunately, in the eight years since 9/11, the Transportation 
Security Administration has not moved forward to restore this training.
  I have heard that there were some concerns that there was a risk that 
FAMs, by virtue of taking this course, would be reclassified as 
``criminal investigators.''
  The legislation addresses this concern head-on by clearly stating 
that this such a reclassification will not occur, thereby also ensuring 
that the pay FAMs receive is not adversely affected.
  I thank the gentleman from California, Mr. Lungren, for introducing 
this legislation and . working of my colleagues to include this 
Important provision.

[[Page H13417]]

  I urge passage of this bipartisan bill.
  Ms. JACKSON-LEE of Texas. I would ask my colleagues to support this 
very important bill, and I yield back the balance of my time.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentlewoman from Texas (Ms. Jackson-Lee) that the House suspend the 
rules and pass the bill, H.R. 3963.
  The question was taken; and (two-thirds being in the affirmative) the 
rules were suspended and the bill was passed.
  A motion to reconsider was laid on the table.

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