federal air marshal service - wikipedia, the free encyclopedia.pdf

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Occupation Names Federal Air Marshal Activity sectors Commercial aviation Air Marshal From Wikipedia, the free encyclopedia The Federal Air Marshal Service (FAMS) is a United States federal law enforcement agency under the supervision of the Transportation Security Administration (TSA) of the United States Department of Homeland Security (DHS). "The Air Marshal Service is meant to promote confidence in civil aviation by effectively deploying federal air marshals (FAMs) to detect, deter, and defeat hostile acts targeting the United States." [2] Because of the nature of their occupation, federal air marshals (FAMs) travel often. "They rank among those Federal law enforcement officers that hold the highest standard for handgun accuracy. [2] A FAM's job is to blend in with other passengers on board aircraft and rely heavily on their training, including investigative techniques, criminal terrorist behavior recognition, firearms proficiency, aircraft specific tactics, and close quarters self-defense measures to protect the flying public." [2] 1 History 2 Securing other modes of transportation 3 Organization 4 Training 5 Equipment 6 Practices 7 Immigration and Customs Enforcement 8 Controversies 8.1 Rigoberto Alpizar incident 8.2 Sensitive Security Information (SSI) 8.3 Other controversies 9 See also 10 References 11 External links Federal Air Marshal Service - Wikipedia, the free encyclopedia http://en.wikipedia.org/wiki/Federal_Air_Marshal_Service 1 of 9 4/9/2013 11:24 AM

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Page 1: Federal Air Marshal Service - Wikipedia, the free encyclopedia.pdf

Occupation

Names Federal Air Marshal

Activitysectors

Commercial aviation

Air Marshal

From Wikipedia, the free encyclopedia

The Federal Air Marshal Service (FAMS) is a United States federal law enforcement agency under thesupervision of the Transportation Security Administration (TSA) of the United States Department ofHomeland Security (DHS). "The Air Marshal Service is meant to promote confidence in civil aviation byeffectively deploying federal air marshals (FAMs) to detect, deter, and defeat hostile acts targeting the UnitedStates."[2]

Because of the nature of their occupation, federal air marshals (FAMs) travel often. "They rank among thoseFederal law enforcement officers that hold the highest standard for handgun accuracy.[2] A FAM's job is toblend in with other passengers on board aircraft and rely heavily on their training, including investigativetechniques, criminal terrorist behavior recognition, firearms proficiency, aircraft specific tactics, and closequarters self-defense measures to protect the flying public."[2]

1 History2 Securing other modes of transportation3 Organization4 Training5 Equipment6 Practices7 Immigration and Customs Enforcement8 Controversies

8.1 Rigoberto Alpizar incident8.2 Sensitive Security Information (SSI)8.3 Other controversies

9 See also10 References11 External links

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Description

Competencies Willingness to travel independentlyand extensively, excellent physicalcondition, firearm proficiency,leadership, communication andmotivational skills[1]

Educationrequired

US citizen under age 37,psychological screening, priorexperience in similar field (forexample: security or airline travel),intensive training program[1]

The air marshal program was originally created by President John F. Kennedy in 1963. He ordered thatfederal law enforcement officers be deployed to act as security officers on certain high-risk flights.[3] TheFederal Air Marshal Service began in 1968 as the Federal Aviation Administration’s (FAA) Sky MarshalProgram. It was initially composed of 6 volunteers from the FAA's Flight Standards Division who weretrained in firearms at Brownsville, Texas. Later, it became an integral part of the Civil Aviation SecurityDivision of the FAA and was expanded using volunteers from that division. These personnel were givenfirearms and some close quarters combat training at the FBI Academy located on the US Marine Corpstraining grounds at Quantico, VA.

In 1969, in response to increasing acts of air piracy, President Richard Nixon ordered the immediatedeployment of armed federal agents on United States commercial aircraft to counter the increasing threat ofair piracy by unbalanced individuals and terrorist organizations. Initially, the deployed personnel were federalagents from the U.S. Department of Treasury. Subsequently, the United States Customs Service formed the Division of Air Security, and established the positionof customs security officer. Approximately 1700 personnel were hired for the position of customs security officer and were trained at the treasury air securityofficer training complex at Fort Belvoir, Virginia. Customs security officers were deployed on US registered commercial aircraft flying both on domestic andinternational routes in an undercover capacity in teams of two and three. Customs security officers also handled ground security screening on selected flights atdomestic US airports.

Following the mandatory passenger screening enacted by the FAA at US airports beginning in 1973, the customs security officer force was disbanded and itspersonnel were absorbed within the U.S. Customs Service. By 1974 armed sky marshals were a rarity on U.S. aircraft and the former customs security officershad been reassigned as customs patrol officers, customs inspectors, and customs special agents.[4]

In 1985, President Ronald Reagan requested the expansion of the program and Congress enacted the International Security and Development Cooperation Act,which expanded the statutes that supported the Federal Air Marshal Service. Contrary to the impression given in the TSA "Our Mission" statement, the FAMprogram was begun in response to domestic hijackings and FAM operational flights were almost exclusively conducted on domestic US flights until 1985. Afterthe hijacking of TWA Flight 847 in 1985 and the enactment of the International Security and Development Cooperation Act, the number of FAMs was increasedand their focus became international U.S. air carrier operations. Due to resistance of several countries e.g., the United Kingdom and the Federal Republic ofGermany to having individuals carrying firearms entering their countries the coverage of international flight operations was initially spotty. As resistance to theentrance of armed personnel to their countries was overcome through bilateral negotiations and agreements reached as to the terms and handling of the weaponswhen they were brought in country, the FAMs were able to operate worldwide in carrying out their mission to protect US aviation from hijackings.

Air marshals were originally designated as U.S. Customs security officers assigned by order of President Kennedy on an as-needed basis, and later werespecially trained FAA personnel.[5] Also contrary to the impression from the TSA "Our Mission" statement, the customs officers were phased out in 1971-1972.

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Many of them transferred to the FAA Civil Aviation Security Division to serve as aviation security inspectors and also in the volunteer FAM program directedby the FAA's Civil Aviation Security Division.

Before the September 11, 2001 attacks, the Federal Air Marshal Service consisted of varying numbers of FAMs depending upon the perceived threat andfunding availability. Only 33 FAMs were active on 09/11/01.[6] As a result of the 9/11 attacks, President George W. Bush ordered the rapid expansion of theFederal Air Marshal Service. Many new hires were agents from other federal agencies, such as the U.S. Border Patrol, U.S. Housing and Urban DevelopmentOffice of the Inspector General (OIG), Drug Enforcement Administration, U.S. Postal Inspection Service, ATF, IRS CID, and many others.[7] A classifiednumber of applicants were hired, trained, and deployed on flights around the world. As of August 2006, this number is estimated to be in the thousands.[8]

Currently, these FAMs serve as the primary law enforcement entity within the Transportation Security Administration (TSA).

On October 16, 2005, Homeland Security Secretary Michael Chertoff officially approved the transfer of the Federal Air Marshal Service from the Bureau ofImmigration & Customs Enforcement (ICE) to TSA as part of a broader departmental reorganization to align functions consistent with the Department ofHomeland Security (DHS) "Second Stage Review" findings for the following:

consolidating and strengthening aviation law enforcement and security at the Federal level;1.creating a common approach to stakeholder outreach; and2.improving the coordination and efficiency of aviation security operations.3.

As part of this realignment, the director of the Federal Air Marshal Service also became the assistant administrator for the TSA Office of Law Enforcement(OLE), which houses nearly all TSA law enforcement services.

Main article: Visible Intermodal Prevention and Response team

Since July 2004, TSA has provided supplemental personnel, including federal air marshals, to assist mass transit systems during major events, holidays, andanniversaries of prior attacks. These TSA personnel deploy as Visible Intermodal Prevention and Response Teams (VIPR teams), whose goal is to provide arandom, unannounced, unpredictable, high-visibility presence in a mass transit or passenger rail environment. The level of assistance transit systems requestdepends on a transit system’s local political and security environment. Beginning in July 2007, TSA significantly increased the number and frequency of VIPRdeployments, from an average of one exercise per month to one or two exercises per week.[9]

There were issues with federal air marshals and early VIPR deployments. TSA field officials said the initial exercises put their safety at risk. TSA requiredfederal air marshals to wear raid jackets or shirts identifying them as air marshals, which potentially compromised their anonymity. In response to this concern,TSA changed the policy; federal air marshals now attend VIPR exercises in civilian clothes or jackets that simply identify them as DHS officials. Some transitsecurity officials reported that federal air marshals were unfamiliar with local laws, local police procedures, the range of behavior encountered on publictransportation, and the parameters of their authority as federal law enforcement officers.[10] In 2011 Amtrak temporarily banned VIPR teams from its property

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after screenings at the Savannah, Georgia station that Amtrak police chief John O'Conner called illegal and violations of Amtrak policy.[11]

Assistant Administrator TSA Office of Law Enforcement (OLE)/Director of FAMS: Robert S. Bray [12]

Deputy Assistant Administrator TSA OLE/Deputy Director of FAMSAssistant Director, Office of Field Operations

Deputy Assistant Director, Eastern Region (11 Field Offices)Deputy Assistant Director, Western Region (10 Field Offices)

Assistant Director, Office of Flight OperationsTransportation Security Operations CenterSystems Operations Control Division/FAMS Mission Operations CenterInvestigations DivisionLiaison DivisionFlight Programs DivisionEmergency Preparedness Division

Assistant Director, Office of Training & Workforce PlanningTraining Management DivisionFederal Air Marshal Training Center (New Jersey & New Mexico)

Assistant Director, Office of Security Services & AssessmentsOffice of SecurityOffice of the National Explosives Detection Canine Team ProgramSecurity Assessments DivisionExplosives Division

Assistant Director, Office of Administration & Technical ServicesManagement & Organization DivisionManagement Operations DivisionPolicy and Procedures DivisionInfrastructure Support & Development Division

Federal air marshals or civil aviation security specialists go through an intense, two-phase training program. The first phase of the program is a seven-week basiclaw enforcement course. This training is completed at the Federal law enforcement training center in Artesia, New Mexico; air marshals also receive follow-ontraining at the William J. Hughes Technical Center in New Jersey. Their training is tailored to the role that the federal air marshals will be performing while on

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the job. Some of the specific areas covered in this training include constitutional law, marksmanship, physical fitness, behavioral observation, defensive tactics,emergency medical assistance, and other law enforcement techniques.

The second phase trains the candidates for tasks that they will be expected to carry out in the field. This training places an emphasis on perfecting themarksmanship skills of the candidates. This is a necessity of the job due to the tight confines of an aircraft, as well as the number of bystanders. Candidates whosuccessfully complete this training will be assigned to one of 21 field offices, where they begin their missions.

Federal air marshals carry the Sig Sauer P229 service pistol chambered for .357 SIG and a baton. According to an anonymous air marshal, they are trained to"shoot to stop", typically firing at the largest part of the body (the chest) and then the head to "incapacitate the nervous system".[13]

The air marshals may be deployed on as little as an hour's notice and at high risk locations.[6] Undercover air marshals were deployed on flights in and out ofNew Orleans during Super Bowl XXXVI in 2002; flights coming near Salt Lake City during the 2002 Winter Olympics; and cities visited by the President.[14]

Federal Air Marshal Frank Terreri of the Federal Law Enforcement Officers Association (FLEOA) successfully sued senior executives of the Department ofHomeland Security complaining that policies prevented air marshals from speaking out that current policies (such as their strict dress code, "Federal Air Marshaldiscount" mandatory grouping hotel policy, airport policies that force air marshals to walk up security checkpoint exit lanes, and priority aircraft pre-boardingbefore handicapped passengers and passengers flying with small children) make marshals easy targets for any possible hijackers, making them stand out as thegovernment agents concealing firearms, and thus eliminating their effectiveness.[15]

A policy change in August 2006 allows air marshals to wear whatever clothing they want and stay at any hotel to protect their anonymity.[16]

Budgeting issues within the TSA created tension between funding for airport screeners versus the FAMS, and in time the FAMS was realigned to Immigrationand Customs Enforcement (ICE). The reasoning was that the FAMS could be re-designated as criminal investigator/special agents and would have a career path.ICE also had an investigative division with special agents specializing in investigating immigration and customs violations. Those immigration and customsagents would be cross trained to serve as supplemental FAMS in the event of a national emergency or in response to intelligence requiring additional marshalson flights.

Ultimately, one of Asa Hutchinson's final decisions before resigning as head of DHS's Border and Transportation Security Directorate was the issuance of a

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memorandum determining that air marshals would not also be ICE special agents. In 2005, Homeland Security Secretary Michael Chertoff conducted asecond-stage review of DHS' organization and ordered the FAMS to be moved from ICE and back to the TSA. The move to TSA was effective October 1,2005.[17]

Rigoberto Alpizar incident

Main article: Rigoberto Alpizar

On December 7, 2005, Federal air marshals shot and killed 44-year-old U.S. citizen Rigoberto Alpizar, a passenger of American Airlines Flight 924, on aboarding bridge at Miami International Airport.[14]

According to initial media reports of the incident, a fight broke out between Alpizar and his wife,[18] after which Alpizar suddenly ran up the aisle from the backof the plane. Lonny Glover, national safety coordinator for the Association of Professional Flight Attendants, said, "As the man came forward it was obviousthat he was upset ... That's when one of our attendants at the front of plane told him, 'Sir, you can't leave the plane.' His response, she said, was 'I have abomb.'[citation needed] It was at that point that the air marshals gave up their cover and pursued him out the door and up the jet bridge."[13]

On December 8, 2005, White House spokesman Scott McClellan said that the President was satisfied that air marshals acted appropriately in the Alpizarshooting.

Sensitive Security Information (SSI)

Sensitive Security Information (SSI) is a label used for unclassified information that could compromise aviation safety.[19]

On July 29, 2003, the FAMS Agency Executive Vice President for the Federal Law Enforcement Officers Association (FLEOA), FAM Robert MacLean,disclosed that the FAMS planned to remove air marshals from long haul flights in order to avoid the cost of an overnight hotel stay.[20] The plan was orderedwhen TSA was faced with a budget shortfall and right after DHS issued a July 26, 2003 warning that terrorists were planning to smuggle weapons onboardaircraft leaving the US East Coast, United Kingdom, Italy, and Australia with the intention of hijacking them. After Congressional outrage, the plan wascancelled before going into effect. This plan was at odds with the Aviation and Transportation Security Act (ATSA), whose Section 105 states that "Deploymentof Federal Air Marshals... [on] nonstop, long distance flights, such as those targeted on September 11, 2001, should be a priority."[21]

MacLean was fired for "Unauthorized Disclosure of Sensitive Security Information (SSI)" as a result of his whistleblower disclosure.[22] He is challenging thischarge in the U.S. Circuit Court of Appeals. He claims that his termination was a retaliatory act in violation of the Whistleblower Protection Act (WPA)[23] and

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a spending ban in appropriations law, commonly known as the Anti-Gag Statute.

Other controversies

In recent years the Federal Air Marshal Service has been the subject of controversies related to the number of flights that air marshals actually man and ofcriminal activities involving air marshals. CNN conducted an investigative report by Drew Griffin that included current and former air marshals that accusedTSA of hyping the numbers of manned flights and of poor quality training.[24][25] The TSA has rejected the report and pursued investigations into personnelwho gave interviews to the media. They also responded to the accusations.[26]

Another investigation was conducted by reporter Amy Davis of Houston news station KPRC into the possibility that air marshals with criminal convictions werestill being employed by FAMS.[27][28] The investigation discovered that 28 had been hired with pre-existing misdemeanors and that several current air marshalshad been convicted of or were awaiting trial for offenses including disorderly conduct, DUI's, and sexual crimes against children. The investigation led to USCongressman Ted Poe of Houston getting involved.

On August 6, 2006, two air marshals were sentenced in the Southern District of Texas (Houston) after having been convicted of conspiring to possess with intentto distribute cocaine and bribery charges. According to a DOJ press release "Shawn Ray Nguyen, 38, and Burlie L. Sholar, 33, were sentenced to 87 months and108 months in federal prison, respectively, by United States District Judge Kenneth Hoyt on Monday, August 28, 2006. Nguyen’s lesser sentence is a result ofthe court's consideration of his cooperation with the United States." [29]

The levels of criminality of air marshals, and their effectiveness against crime and terror, have also been questioned. According to Congressman John J. Duncan,the air marshal program has led to only 4.2 arrests a year, at an average cost of $200 million per arrest. He argued that this represents a win of the perceiveddangers of terror, supported by a profit center-type approach, over realistic spending priorities.[30]

List of United States federal law enforcement agenciesFederal Flight Deck OfficerAircraft hijackingAirport securityPublic transport securityDSS - Diplomatic Security Service, U.S. Department of StateFederal Bureau of InvestigationImmigration and Customs EnforcementSky marshalTerrorism

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Visible Intermodal Prevention and Response team

^ a b "Hiring, Recruiting and Staffing Solutions | Monster.com"(http://jobprofiles.monster.com/Content/job_content/JC_Military/JSC_PrivateSecurity/JOB_FederalAirMarshall/jobzilla_html).Jobprofiles.monster.com. Retrieved 2013-01-01.

1.

^ a b c "Federal Air Marshals" (http://www.tsa.gov/about-tsa/federal-air-marshals). Retrieved 2013-03-29.

2.

^ Price, Jeffery C.,and Forrest, Jeffery S., Practical Aviation Security(Burlington, M.A.: Butterworth-Heinemann, 2009), 138

3.

^ "CBP Today - June 2004 - Sky marshal reunion" (http://www.cbp.gov/xp/CustomsToday/2004/June/other/sky_marshal.xml). Cbp.gov. Retrieved2013-01-01.

4.

^ [1] (http://www.tsa.gov/lawenforcement/mission/index.shtm)5.^ a b "Air marshals grounded over 'security'" (http://news.bbc.co.uk/2/hi/americas/3020570.stm). news.bbc.co.uk (http://news.bbc.co.uk/).2003-06-23. Retrieved 2006-08-25.

6.

^ [2] (http://public.cq.com/public/20060911_topten_fams.html)7.^ Charles, Deborah (2006-08-25). "Air marshals to go native; dress coderelaxed" (http://news.yahoo.com/s/nm/20060825/od_nm/usa_airmarshals_dc_1). news.yahoo.com (http://news.yahoo.com). Retrieved2006-08-25.

8.

^ DHS-OIG-08-66 TSA’s Administration and Coordination of Mass TransitSecurity Programs, June 2008, p. 6 (http://www.dhs.gov/xoig/assets/mgmtrpts/OIG_08-66_Jun08.pdf)

9.

^ DHS-OIG-08-66 TSA’s Administration and Coordination of Mass TransitSecurity Programs, June 2008, p. 28-29 (http://www.dhs.gov/xoig/assets/mgmtrpts/OIG_08-66_Jun08.pdf)

10.

^ TRAINS exclusive: Amtrak police chief bars Transportation SecurityAdministration from some security operations (http://trn.trains.com/Railroad%20News/News%20Wire/2011/03/Amtrak%20police%20chief%20bars%20Transportation%20Security%20Administration%20from%20some%20security%20operations.aspx), Don Phillips,Trains.com, March 3, 2011, retrieved May 2011

11.

^ [3] (http://www.tsa.gov/who_we_are/people/bios/robert_bray_bio.shtm)12.

^ a b Thomas Frank, Mimi Hall & Alan Levin (2005-12-08). "Air marshalsthrust into spotlight" (http://www.usatoday.com/news/nation/2005-12-07-air-marshals_x.htm). USA Today (http://www.usatoday.com). Retrieved2006-08-25.

13.

^ a b "Shooting Puts Air Marshals in Spotlight" (http://www.foxnews.com/story/0,2933,178039,00.html). Associated Press (http://www.ap.org/). 2005-12-08.Retrieved 2006-08-25.

14.

^ Federal Air Marshal Association (2004-09-24). "FAMA Press Release"(http://famaonline.com/MediaRelationsDocuments/PRESSRELEASE20040924.pdf) (PDF). FAMS Director Refuses No CostChanges Enhancing Aviation Security. Retrieved 2006-08-25.

15.

^ "DHS Gets Rid of Dress Code, Hotel Regulations for Air Marshals"(http://www.foxnews.com/story/0,2933,210368,00.html). Associated Press(http://www.ap.org/). 2006-08-25. Retrieved 2006-08-25.

16.

^ [4] (http://www.dhs.gov/xnews/releases/press_release_0703.shtm)17.^ Quijano, Elaine et al. (2005-12-09). "White House backs air marshals'actions" (http://www.cnn.com/2005/US/12/08/airplane.gunshot/index.html).CNN.com (http://www.cnn.com). Retrieved 2006-08-25.

18.

^ "GAO-05-677 Report on SSI" (http://www.gao.gov/new.items/d05677.pdf).The U.S Government Accountability Office (http://www.gao.gov/). 2005-06-29.Retrieved 2005-06-29.

19.

^ "Memo Warns Of New Plots To Hijack Jets"(http://www.washingtonpost.com/ac2/wp-dyn/A64871-2003Jul29?language=printer). The Washington Post. 2003-07-30.Retrieved 2003-07-30.

20.

^ "Section 105 of the Aviation and Transportation Security Act"(http://thomas.loc.gov/cgi-bin/cpquery/?&sid=cp107GKkxU&refer=&r_n=hr296.107&db_id=107&item=&sel=TOC_30593&). The Library ofCongress (Thomas) (http://thomas.loc.gov/). 2001-11-17. Retrieved2001-11-17.

21.

^ "Ex-air marshal to sue over 'SSI' label" (http://www.washingtontimes.com/functions/print.php?StoryID=20061029-115609-8718r). The WashingtonTimes. 2006-10-30. Retrieved 2006-10-30.

22.

^ "Whistleblower Protection Act" (http://www.osc.gov/wbdisc.htm). U.S.23.

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Office of Special Counsel (http://www.osc.gov/). 2006-11-30. Retrieved2006-11-30.^ "Sources: Air marshals missing from almost all flights - CNN.com"(http://www.cnn.com/2008/TRAVEL/03/25/siu.air.marshals/index.html). CNN.2008-03-25. Retrieved 2010-05-02.

24.

^ "Ex-marshal: Air marshal training 'a national disgrace' - CNN.com"(http://www.cnn.com/2008/US/04/16/griffin.marshal.training/index.html). CNN.2008-04-17. Retrieved 2010-05-02.

25.

^ 21 December 2012 (2012-12-21). "Press Room | Transportation Security26.

Administration" (http://www.tsa.gov/press/happenings/fams_statement_cnn.shtm). Tsa.gov. Retrieved 2013-01-01.^ [5] (http://www.click2houston.com/investigates/17121409/detail.html#story)27.^ [6] (http://www.click2houston.com/investigates/17121409/detail.html#video)28.^ [7] (http://www.dhs.gov/xoig/assets/press/OIGpr_060829_Nguyen.pdf)29.^ "Duncan Blasts "Useless" Air Marshal Service" (http://duncan.house.gov/2009/06/22062009.shtml). Congress website. 19 June 2009. Retrieved 9 April2010.

30.

Transportation Security Administration Website (http://www.tsa.gov)TSA Office of Law Enforcement/FAMS Website (http://www.tsa.gov/lawenforcement/index.shtm)

Federal Air Marshal News Archives & Links (http://www.airmarshal.us/)History of the Federal Air Marshal Service (http://www.propublica.org/feature/history-of-the-federal-air-marshal-service)

Retrieved from "http://en.wikipedia.org/w/index.php?title=Federal_Air_Marshal_Service&oldid=547673249"Categories: Aviation in the United States Federal law enforcement agencies of the United States Transportation Security Administration Sky marshals

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