[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[H.R. 628 Introduced in House (IH)]







106th CONGRESS
  1st Session
                                H. R. 628

 To amend title 10, United States Code, to authorize the Secretary of 
     Defense to assign members of the Armed Forces, under certain 
    circumstances and subject to certain conditions, to assist the 
 Immigration and Naturalization Service and the United States Customs 
       Service in the performance of border protection functions.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            February 8, 1999

     Mr. Traficant (for himself, Mr. Murtha, Mr. Bilbray, and Mr. 
 Rohrabacher) introduced the following bill; which was referred to the 
                      Committee on Armed Services

_______________________________________________________________________

                                 A BILL


 
 To amend title 10, United States Code, to authorize the Secretary of 
     Defense to assign members of the Armed Forces, under certain 
    circumstances and subject to certain conditions, to assist the 
 Immigration and Naturalization Service and the United States Customs 
       Service in the performance of border protection functions.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. ASSIGNMENT OF MEMBERS OF THE ARMED FORCES TO ASSIST 
              IMMIGRATION AND NATURALIZATION SERVICE AND CUSTOMS 
              SERVICE.

    (a) Assignment Authority of Secretary of Defense.--Chapter 18 of 
title 10, United States Code, is amended by inserting after section 374 
the following new section:
``Sec. 374a. Assignment of members to assist border patrol and control
    ``(a) Assignment Authorized.--The Secretary of Defense may assign 
members of the armed forces to assist--
            ``(1) the Immigration and Naturalization Service in 
        preventing the entry of terrorists, drug traffickers, and 
        illegal aliens into the United States; and
            ``(2) the United States Customs Service in the inspection 
        of cargo, vehicles, and aircraft at points of entry into the 
        United States.
    ``(b) Request for Assignment.--The assignment of members of the 
armed forces under subsection (a) may only occur--
            ``(1) at the request of the Attorney General, in the case 
        of an assignment to the Immigration and Naturalization Service; 
        and
            ``(2) at the request of the Secretary of the Treasury, in 
        the case of an assignment to the United States Customs Service.
    ``(c) Training Program.--If the assignment of members of the armed 
forces is requested by the Attorney General or the Secretary of the 
Treasury, the Attorney General or the Secretary of the Treasury (as the 
case may be), together with the Secretary of Defense, shall establish a 
training program to ensure that members to be assigned receive general 
instruction regarding issues affecting law enforcement in the border 
areas in which the members will perform duties under the assignment. A 
member may not be deployed at a border location pursuant to an 
assignment under subsection (a) until the member has successfully 
completed the training program.
    ``(d) Conditions on Use.--(1) Whenever a member of the armed forces 
who is assigned under subsection (a) to assist the Immigration and 
Naturalization Service or the United States Customs Service is 
performing duties at a border location pursuant to the assignment, a 
civilian law enforcement officer from the agency concerned shall 
accompany the member.
    ``(2) Nothing in this section shall be construed to--
            ``(A) authorize a member assigned under subsection (a) to 
        conduct a search, seizure, or other similar law enforcement 
        activity or to make an arrest; and
            ``(B) supersede section 1385 of title 18 (popularly known 
        as the `Posse Comitatus Act').
    ``(e) Notification Requirements.--The Attorney General or the 
Secretary of the Treasury (as the case may be) shall notify the 
Governor of the State in which members of the armed forces are to be 
deployed pursuant to an assignment under subsection (a), and local 
governments in the deployment area, of the deployment of the members to 
assist the Immigration and Naturalization Service or the United States 
Customs Service (as the case may be) and the types of tasks to be 
performed by the members.
    ``(f) Reimbursement Requirement.--Section 377 of this title shall 
apply in the case of members of the armed forces assigned under 
subsection (a).
    ``(g) Termination of Authority.--No assignment may be made or 
continued under subsection (a) after September 30, 2003.''.
    (b) Clerical Amendment.--The table of sections at the beginning of 
such chapter is amended by inserting after the item relating to section 
374 the following new item:

``374a. Assignment of members to assist border patrol and control.''.
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