[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 3808 Introduced in Senate (IS)]

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118th CONGRESS
  2d Session
                                S. 3808

  To prohibit deployment of Federal air marshals to the southern and 
     northern borders of the United States, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           February 27, 2024

   Mr. Cruz introduced the following bill; which was read twice and 
   referred to the Committee on Commerce, Science, and Transportation

_______________________________________________________________________

                                 A BILL


 
  To prohibit deployment of Federal air marshals to the southern and 
     northern borders of the United States, and for other purposes.

    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 ``No FAMS at the Border Act of 2024''.

SEC. 2. PROHIBITION ON DEPLOYMENT.

    (a) In General.--Section 44917 of title 49, United States Code, is 
amended by adding at the end the following:
    ``(d) Prohibition on Deployment.--
            ``(1) Definitions.--In this subsection:
                    ``(A) Alien.--The term `alien' has the meaning 
                given that term in section 101 of the Immigration and 
                Nationality Act (8 U.S.C. 1101).
                    ``(B) Appropriate congressional committees.--The 
                term `appropriate congressional committees' means--
                            ``(i) the Committee on Commerce, Science, 
                        and Transportation of the Senate; and
                            ``(ii) the Committee on Homeland Security 
                        of the House of Representatives.
                    ``(C) Illegal alien.--The term `illegal alien' 
                means an alien who has not been admitted (as that term 
                is defined in section 101 of the Immigration and 
                Nationality Act (8 U.S.C. 1101)).
                    ``(D) Immigrant.--The term `immigrant' has the 
                meaning given that term in section 101 of the 
                Immigration and Nationality Act (8 U.S.C. 1101).
            ``(2) In general.--Except as provided in paragraph (3) and 
        notwithstanding any other provision of law, including section 
        103 of the Immigration and Nationality Act (8 U.S.C. 1103), 
        Federal air marshals may not be deployed to the southern or 
        northern border of the United States for border security or 
        immigration purposes, including to aid the Department of 
        Homeland Security or any other Federal agency with the 
        processing of illegal aliens, or any other immigrants.
            ``(3) Exceptions.--
                    ``(A) Exception in case of border crisis.--
                Paragraph (2) shall not apply if the Secretary of 
                Homeland Security--
                            ``(i) determines that a border crisis 
                        exists; and
                            ``(ii) certifies to the appropriate 
                        congressional committees in writing that a 
                        border crisis exists.
                    ``(B) Nondelegation.--The Secretary may not 
                delegate the authority to make a determination or 
                certification described in subparagraph (A).''.
    (b) Technical Amendment.--Section 44917(b) of title 49, United 
States Code, is amended by striking ``Under Secretary'' each place it 
appears and inserting ``Administrator''.
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