[House Report 111-345]
[From the U.S. Government Publishing Office]


111th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 1st Session                                                    111-345

======================================================================



 
             SPECIALIZED TRAINING FOR FEDERAL AIR MARSHALS

                                _______
                                

December 1, 2009.--Committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed

                                _______
                                

 Mr. Thompson of Mississippi, from the Committee on Homeland Security, 
                        submitted the following

                              R E P O R T

                        [To accompany H.R. 3963]

  The Committee on Homeland Security, to whom was referred the 
bill (H.R. 3963) to provide specialized training to Federal air 
marshals, having considered the same, report favorably thereon 
without amendment and recommend that the bill do pass.

                                CONTENTS

                                                                   Page
Purpose and Summary..............................................     1
Background and Need for Legislation..............................     2
Hearings.........................................................     2
Committee Consideration..........................................     2
Committee Votes..................................................     3
Committee Oversight Findings.....................................     3
New Budget Authority, Entitlement Authority, and Tax Expenditures     3
Congressional Budget Office Estimate.............................     3
Statement of General Performance Goals and Objectives............     3
Congressional Earmarks, Limited Tax Benefits, and Limited Tariff 
  Benefits.......................................................     3
Federal Mandates Statement.......................................     3
Advisory Committee Statement.....................................     4
Constitutional Authority Statement...............................     4
Applicability to Legislative Branch..............................     4
Section-by-Section Analysis of the Legislation...................     4
Changes in Existing Law Made by the Bill, as Reported............     5

                          Purpose and Summary

    The purpose of H.R. 3963 is to provide specialized training 
to Federal Air Marshals (FAMs). The specialized training is 
criminal investigative training that had previously been 
provided.

                  Background and Need for Legislation

    Prior to September 11, 2001, the criminal investigative 
training program at the Federal Law Enforcement Training Center 
was an essential part of basic training for FAMs. It is well 
documented that the terrorist attacks of September 11, 2001, 
necessitated the rapid hiring, training, and deployment of 
thousands of FAMs. In order to meet the deployment mandates, 
the decision was made to eliminate the requirement that newly 
hired FAMs without prior federal law enforcement experience 
take the criminal investigative training program. The Committee 
has learned that the Federal Air Marshal Service has wanted, in 
recent years, to resume using the criminal investigative 
training program as part of basic training. This bill restores 
the criminal investigative training program as part of basic 
training for FAMs.
    FAMs consistently seek greater training opportunities to 
improve the Federal Air Marshal Service. Criminal investigative 
training will provide FAMs with the knowledge and skills 
required to resolve situations on the ground as well as react 
to situations in-flight. Such training should contribute to 
improved morale and help give FAMs law enforcement skills that 
will serve them well on flying missions and in performing 
ground based law enforcement roles, such as participation on 
Visual Intermodal Prevention and Response (VIPR) teams. The 
training will also provide for more opportunities for 
advancement within the Federal Air Marshal Service and, 
possibly, affords FAMs the opportunity to pursue other Federal 
law enforcement opportunities.

                                Hearings

    No hearings were held on H.R. 3963, however the Committee 
held oversight hearings.
    On July 23, 2009, the Committee's Subcommittee on 
Management, Investigations, and Oversight held an oversight 
hearing entitled, ``Protecting the Protectors: Examining the 
Personnel Challenges Facing the Federal Air Marshal Service.'' 
The Subcommittee received testimony from Mr. Robert Bray, 
Assistant Administrator/Director, Office of Law Enforcement/
Federal Air Marshal Service, Transportation Security 
Administration, Department of Homeland Security; Mr. Stephen 
Lord, Director, Homeland Security and Justice Issues, 
Government Accountability Office; and Mr. Jon Adler, National 
President, Federal Law Enforcement Officers Association.
    During the hearing Director Bray and Mr. Adler expressed 
their support for restoring the Criminal Investigative Training 
Program as a part of basic training for FAMs.

                        Committee Consideration

    The Committee met on November 17, 2009, to consider H.R. 
3963, and ordered the measure to be reported to the House with 
a favorable recommendation, amended, by voice vote. The 
Committee took the following actions:
    The Committee adopted the measure, without amendment, by 
unanimous consent.
    The Committee considered but did not adopt identical 
language during consideration of H.R. 2200, the Transportation 
Security Administration Authorization Act, on May 14, 2009.

                            Committee Votes

    Clause 3(b) of rule XIII of the Rules of the House of 
Representatives requires the Committee to list the recorded 
votes on the motion to report legislation and amendments 
thereto.
    No recorded votes were requested during consideration of 
H.R. 3963.

                      Committee Oversight Findings

    Pursuant to clause 3(c)(1) of rule XIII of the Rules of the 
House of Representatives, the Committee has held oversight 
hearings and made findings that are reflected in this report.

   New Budget Authority, Entitlement Authority, and Tax Expenditures

    In compliance with clause 3(c)(2) of rule XIII of the Rules 
of the House of Representatives, the Committee finds that H.R. 
3963, the ``Criminal Investigative Training Restoration Act'', 
would result in no new or increased budget authority, 
entitlement authority, or tax expenditures or revenues.

                  Congressional Budget Office Estimate

    Pursuant to clause 3(c)(3) of rule XIII of the Rules of the 
House of Representatives, a cost estimate provided by the 
Congressional Budget Office pursuant to section 402 of the 
Congressional Budget Act of 1974 was not made available to the 
Committee in time for the filing of this report. The Chairman 
of the Committee shall cause such estimate to be printed in the 
Congressional Record upon its receipt by the Committee.

         Statement of General Performance Goals and Objectives

    Pursuant to clause 3(c)(4) of rule XIII of the Rules of the 
House of Representatives, H.R. 3963 contains the following 
general performance goals, and objectives, including outcome 
related goals and objectives authorized.
    H.R. 3963 requires that the Federal Air Marshal Service 
provide criminal investigative training to all newly hired 
Federal Air Marshals within 30 days of enactment and additional 
training that bridges the gap for certain existing FAMs no 
later than three years after enactment.

   Congressional Earmarks, Limited Tax Benefits, and Limited Tariff 
                                Benefits

     In compliance with rule XXI of the Rules of the House of 
Representatives, this bill, as reported, contains no 
congressional earmarks, limited tax benefits, or limited tariff 
benefits as defined in clause 9(e), 9(f), or 9(g) of the rule 
XXI.

                       Federal Mandates Statement

    Pursuant to section 423 of the Unfunded Mandates Reform 
Act, an estimate of Federal mandates provided by the 
Congressional Budget Office was not made available to the 
Committee in time for the filing of this report. The Chairman 
of the Committee shall cause such estimate to be printed in the 
Congressional Record upon its receipt by the Committee.

                      Advisory Committee Statement

    No advisory committees within the meaning of section 5(b) 
of the Federal Advisory Committee Act were created by this 
legislation.

                   Constitutional Authority Statement

    Pursuant to clause 3(d)(1) of rule XIII of the Rules of the 
House of Representatives, the Committee finds that the 
Constitutional authority for this legislation is provided in 
Article I, section 8, clause 1, which grants Congress the power 
to provide for the common Defense of the United States.

                  Applicability to Legislative Branch

     The Committee finds that the legislation does not relate 
to the terms and conditions of employment or access to public 
services or accommodations within the meaning of section 
102(b)(3) of the Congressional Accountability Act.

             Section-by-Section Analysis of the Legislation


Section 1. Short title

    This Act may be cited as the ``Criminal Investigative 
Training Restoration Act.''

Section 2. Federal Air Marshals

    This section amends Section 44917 of title 49, United 
States Code by adding, at the end, a new provision--``(e) 
Criminal Investigative Training Program''--to ensure that the 
Federal Law Enforcement Training Center's criminal 
investigative training program is provided as part of the basic 
training required for FAMs.
    Specifically, H.R. 3963 requires that the Federal Air 
Marshal Service, within 30 days of enactment, provide criminal 
investigative training to all newly hired FAMs. The Act 
requires additional training for certain existing FAMs no later 
than three years after enactment. FAMs who had previously 
completed the criminal investigative training program prior to 
the enactment of this Act shall not be required to repeat the 
criminal investigative training program. No later than three 
years after enactment of this Act, a FAM who was hired prior to 
the enactment of the law and who has not previously completed 
the criminal investigative training program shall be required 
to complete an alternative training program as determined by 
the Federal Law Enforcement Training Center that bridges the 
gap between the mixed basic police training program already 
completed by FAMs and the criminal investigative training 
program.
    Accordingly, not less than three million dollars is 
authorized to be appropriated for fiscal years 2010 and 2011. 
Additionally, a savings clause is included to make it clear 
that this legislation in no way reclassifies any FAM as a 
criminal investigator.
    The Committee notes that the Federal Air Marshal Service 
and the Federal Law Enforcement Training Center have indicated 
that approximately three to six million dollars will be needed 
to implement this legislation. The Committee believes that the 
restoration of this training as part of FAMs training will be 
an important step in improving the operations and morale at the 
Federal Air Marshal Service.

         Changes in Existing Law Made by the Bill, as Reported

  In compliance with clause 3(e) of rule XIII of the Rules of 
the House of Representatives, changes in existing law made by 
the bill, as reported, are shown as follows (new matter is 
printed in italic and existing law in which no change is 
proposed is shown in roman):

                      TITLE 49, UNITED STATES CODE




           *       *       *       *       *       *       *
SUBTITLE VII--AVIATION PROGRAMS

           *       *       *       *       *       *       *


PART A--AIR COMMERCE AND SAFETY

           *       *       *       *       *       *       *


SUBPART III--SAFETY

           *       *       *       *       *       *       *


CHAPTER 449--SECURITY

           *       *       *       *       *       *       *



SUBCHAPTER I--REQUIREMENTS

           *       *       *       *       *       *       *



Sec. 44917. Deployment of Federal air marshals

  (a) * * *

           *       *       *       *       *       *       *

  (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.

           *       *       *       *       *       *       *


                                  
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