89–006 

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. 


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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 inflight. 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. 


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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 


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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 impleVerDate Nov 24 2008 04:03 Dec 02, 2009 Jkt 089006 PO 00000 Frm 00004 Fmt 6659 Sfmt 6602 E:\HR\OC\HR345.XXX HR345

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ment 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 

* * * * * * * 

§ 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 deterVerDate Nov 24 2008 04:03 Dec 02, 2009 Jkt 089006 PO 00000 Frm 00005 Fmt 6659 Sfmt 6603 E:\HR\OC\HR345.XXX HR345

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mined 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. 

* * * * * * * 

Æ 


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