[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1986 Introduced in House (IH)]






109th CONGRESS
  1st Session
                                H. R. 1986

 To amend title 10, United States Code, to authorize the Secretary of 
  Defense to assign members of the Army, Navy, Air Force, and Marine 
 Corps, under certain circumstances and subject to certain conditions, 
  to assist the Department of Homeland Security in the performance of 
                      border protection functions.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             April 28, 2005

Mr. Goode (for himself, Mr. Jones of North Carolina, Mr. Tancredo, Mr. 
     Sessions, Mr. Norwood, Mr. Lewis of Kentucky, Mr. Duncan, Mr. 
 Culberson, Mr. Deal of Georgia, Mrs. Cubin, Mr. Price of Georgia, Mr. 
Sullivan, Mr. Forbes, Mr. King of Iowa, Mrs. Jo Ann Davis of Virginia, 
  Mr. Hayes, Mr. Boozman, Mr. Sam Johnson of Texas, Mr. Shimkus, Ms. 
  Foxx, Mr. Gutknecht, Mr. Hayworth, Mr. Goodlatte, Mr. Shuster, Mr. 
  Wamp, Mr. Gallegly, Mr. Garrett of New Jersey, Mr. Hostettler, Mr. 
Taylor of North Carolina, Mr. Alexander, Mr. Barrett of South Carolina, 
   Mr. Sensenbrenner, Ms. Ginny Brown-Waite of Florida, Mr. Brady of 
Texas, and Mr. Coble) introduced the following bill; which was referred 
to the Committee on Armed Services, and in addition to the Committee on 
 Homeland Security, for a period to be subsequently determined by the 
  Speaker, in each case for consideration of such provisions as fall 
           within the jurisdiction of the committee concerned

_______________________________________________________________________

                                 A BILL


 
 To amend title 10, United States Code, to authorize the Secretary of 
  Defense to assign members of the Army, Navy, Air Force, and Marine 
 Corps, under certain circumstances and subject to certain conditions, 
  to assist the Department of Homeland Security 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 BUREAU 
              OF BORDER SECURITY AND BUREAU OF CITIZENSHIP AND 
              IMMIGRATION SERVICES OF THE DEPARTMENT OF HOMELAND 
              SECURITY.

    (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.--Upon submission of a request 
consistent with subsection (b), the Secretary of Defense may assign 
members of the Army, Navy, Air Force, and Marine Corps to assist--
            ``(1) the Bureau of Border Security of the Department of 
        Homeland Security in preventing the entry of terrorists, drug 
        traffickers, and illegal aliens into the United States; and
            ``(2) the United States Customs Service of the Department 
        of Homeland Security in the inspection of cargo, vehicles, and 
        aircraft at points of entry into the United States to prevent 
        the entry of weapons of mass destruction, components of weapons 
        of mass destruction, prohibited narcotics or drugs, or other 
        terrorist or drug trafficking items.
    ``(b) Request for Assignment.--The assignment of members under 
subsection (a) may occur only if--
            ``(1) the assignment is at the request of the Secretary of 
        Homeland Security; and
            ``(2) the request is accompanied by a certification by the 
        Secretary of Homeland Security that the assignment of members 
        pursuant to the request is necessary to respond to a threat to 
        national security posed by the entry into the United States of 
        terrorists, drug traffickers, or illegal aliens.
    ``(c) Training Program Required.--The Secretary of Homeland 
Security and the Secretary of Defense, shall establish a training 
program to ensure that members receive general instruction regarding 
issues affecting law enforcement in the border areas in which the 
members may perform duties under an assignment under subsection (a). 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 of Use.--(1) Whenever a member who is assigned 
under subsection (a) to assist the Bureau of Border Security 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) Establishment of Ongoing Joint Task Forces.--(1) The 
Secretary of Homeland Security may establish ongoing joint task forces 
if the Secretary of Homeland Security determines that the joint task 
force, and the assignment of members to the joint task force, is 
necessary to respond to a threat to national security posed by the 
entry into the United States of terrorists, drug traffickers, or 
illegal aliens.
    ``(2) If established, the joint task force shall fully comply with 
the standards as set forth in this section.
    ``(f) Notification Requirements.--The Secretary of Homeland 
Security shall provide to the Governor of the State in which members 
are to be deployed pursuant to an assignment under subsection (a) and 
to local governments in the deployment area notification of the 
deployment of the members to assist the Department of Homeland Security 
under this section and the types of tasks to be performed by the 
members.
    ``(g) Reimbursement Requirement.--Section 377 of this title shall 
apply in the case of members assigned under subsection (a).
    ``(h) Termination of Authority.--No assignment may be made or 
continued under subsection (a) after September 30, 2007.''.
    (b) Commencement of Training Program.--The training program 
required by subsection (b) of section 374a of title 10, United States 
Code, shall be established as soon as practicable after the date of the 
enactment of this Act.
    (c) 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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