Overview
Title
To prohibit deployment of Federal air marshals to the southern and northern borders of the United States, and for other purposes.
ELI5 AI
H. R. 7695 is a rule saying that air marshals, who usually work on planes, can't be sent to the U.S. borders unless there's a big problem, and only the person in charge of Homeland Security can decide that.
Summary AI
H. R. 7695, titled the "No FAMS at the Border Act of 2024," seeks to prevent Federal air marshals from being deployed to the U.S. southern or northern borders for border security or immigration purposes. The bill amends Section 44917 of title 49 in the United States Code to enforce this prohibition, with an exception allowing deployment if the Secretary of Homeland Security certifies that a border crisis exists. The Secretary cannot delegate this certification authority to another official.
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AnalysisAI
General Summary of the Bill
The proposed legislation, titled the "No FAMS at the Border Act of 2024" (H. R. 7695), seeks to prohibit the deployment of Federal air marshals to the southern and northern borders of the United States. The bill aims to restrict the use of these marshals for border security or immigration-related activities. An exception to this prohibition is allowed if a border crisis is formally declared by the Secretary of Homeland Security and reported in writing to specific congressional committees. The bill also includes a technical amendment that updates terminology for an administrative position within related legislation.
Summary of Significant Issues
One of the key issues with the bill is that the blanket prohibition on deploying air marshals to the borders might limit flexibility in responding to border security needs. This restriction could potentially delay immediate action in urgent situations, where quick deployment of resources is crucial. Additionally, the process requiring the Secretary of Homeland Security to certify a border crisis in writing to certain congressional committees could slow down responses to fast-developing situations at the border.
Another significant issue is the non-delegation clause, which prevents the Secretary of Homeland Security from delegating the authority to determine or certify a border crisis. If the Secretary is unavailable or preoccupied with other tasks, this could lead to operational inefficiencies and further delays. Moreover, terms used in the bill, such as "border crisis" and "border security purposes," are not clearly defined, which could lead to ambiguities and uncertainties in the bill's application.
Furthermore, by specifying "appropriate congressional committees," the bill might limit the scope of legislative oversight, potentially excluding other relevant committees that could provide valuable perspectives on border security and immigration.
Impact on the Public and Stakeholders
For the general public, the bill's prohibition on the use of air marshals at the borders may reassure those who believe that these federal officers should be focused solely on aviation security. However, it also poses a risk of inadequate response to border incidents, especially if the process of certifying a crisis is slow or cumbersome.
For specific stakeholders such as the Department of Homeland Security and related federal agencies, this bill could restrict their operational flexibility. This could hinder their ability to manage border security effectively and may require adjustments to staffing and resource allocation strategies.
Additionally, communities residing near the U.S. borders might have mixed reactions. Some may welcome the measure as a way to ensure air marshals remain dedicated to their original mission of protecting air travel. Others might be concerned about the potential impacts on local security and enforcement efficiency, especially in times of increased migratory pressures or other border-related challenges.
In conclusion, while the bill aims to maintain the core mission of federal air marshals, its constraints and procedural requirements could pose challenges in dynamic border security environments. The impacts on stakeholders and communities underscore the importance of carefully balancing focused security efforts with the need for responsive and agile strategies at the nation's borders.
Issues
The prohibition on deploying Federal air marshals to the southern and northern borders might limit the Department of Homeland Security's flexibility in responding quickly to border security needs, potentially delaying action in urgent situations. This is outlined in Section 2(a)(2).
The requirement for the Secretary of Homeland Security to certify a border crisis in writing to the appropriate congressional committees could delay necessary responses to urgent border situations. This protocol, described in Section 2(a)(3), could be cumbersome and slow in fast-developing crises.
The non-delegation clause prevents the Secretary of Homeland Security from delegating the authority to determine or certify a border crisis. This could lead to operational inefficiencies if the Secretary is unavailable or engaged in other duties, as indicated in Section 2(a)(3)(B).
Ambiguity in the definition of terms like 'border crisis' and 'border security purposes' could lead to legal and operational uncertainties, as these terms are not clearly defined in the bill's language (Section 2).
Specifying 'appropriate congressional committees' (Section 2(a)(1)(B)) might limit oversight by excluding other potentially relevant committees that have interests in border security or immigration issues, reducing comprehensive legislative oversight.
Sections
Sections are presented as they are annotated in the original legislative text. Any missing headers, numbers, or non-consecutive order is due to the original text.
1. Short title Read Opens in new tab
Summary AI
The first section of this proposed law is titled the “No FAMS at the Border Act of 2024,” and it serves to establish the name by which the entire act will be known.
2. Prohibition on deployment Read Opens in new tab
Summary AI
In this section, a prohibition is established that prevents Federal air marshals from being deployed to the U.S. southern or northern borders for border security or immigration activities, unless a border crisis is declared by the Secretary of Homeland Security, who must then report this decision to specific congressional committees. Additionally, a technical amendment updates the title of "Under Secretary" to "Administrator" in another part of the legislation.