[House Report 111-345]
[From the U.S. Government Publishing Office]
111th Congress Report
HOUSE OF REPRESENTATIVES
1st Session 111-345
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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.
* * * * * * *