I 

108TH CONGRESS 

1ST SESSION H. R. 277

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 

JANUARY 8, 2003

Mr. GOODE (for himself, Mr. JONES of North Carolina, and Mr. TANCREDO) 

introduced the following bill; which was referred to the Committee on 

Armed Services, and in addition to the Select 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.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,
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1 SECTION 1. ASSIGNMENT OF MEMBERS TO ASSIST BUREAU 

2 OF BORDER SECURITY AND BUREAU OF CITI3 ZENSHIP AND IMMIGRATION SERVICES OF 

4 THE DEPARTMENT OF HOMELAND SECURITY. 

5 (a) ASSIGNMENT AUTHORITY OF SECRETARY OF DE6 FENSE.—Chapter 18 of title 10, United States Code, is 

7 amended by inserting after section 374 the following new 

8 section: 

9 ‘‘§ 374a. Assignment of members to assist border pa10 trol and control 

11 ‘‘(a) ASSIGNMENT AUTHORIZED.—Upon submission 

12 of a request consistent with subsection (b), the Secretary 

13 of Defense may assign members of the Army, Navy, Air 

14 Force, and Marine Corps to assist—

15 ‘‘(1) the Bureau of Border Security of the De16 partment of Homeland Security in preventing the 

17 entry of terrorists, drug traffickers, and illegal aliens 

18 into the United States; and 

19 ‘‘(2) the United States Customs Service of the 

20 Department of Homeland Security in the inspection 

21 of cargo, vehicles, and aircraft at points of entry 

22 into the United States to prevent the entry of weap23 ons of mass destruction, components of weapons of 

24 mass destruction, prohibited narcotics or drugs, or 

25 other terrorist or drug trafficking items. 
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1 ‘‘(b) REQUEST FOR ASSIGNMENT.—The assignment 

2 of members under subsection (a) may occur only if—

3 ‘‘(1) the assignment is at the request of the 

4 Secretary of Homeland Security; and 

5 ‘‘(2) the request is accompanied by a certifi6 cation by the Secretary of Homeland Security that 

7 the assignment of members pursuant to the request 

8 is necessary to respond to a threat to national secu9 rity posed by the entry into the United States of ter10 rorists, drug traffickers, or illegal aliens. 

11 ‘‘(c) TRAINING PROGRAM REQUIRED.—The Sec12 retary of Homeland Security and the Secretary of De13 fense, shall establish a training program to ensure that 

14 members receive general instruction regarding issues af15 fecting law enforcement in the border areas in which the 

16 members may perform duties under an assignment under 

17 subsection (a). A member may not be deployed at a border 

18 location pursuant to an assignment under subsection (a) 

19 until the member has successfully completed the training 

20 program. 

21 ‘‘(d) CONDITIONS OF USE.—(1) Whenever a member 

22 who is assigned under subsection (a) to assist the Bureau 

23 of Border Security or the United States Customs Service 

24 is performing duties at a border location pursuant to the 
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1 assignment, a civilian law enforcement officer from the 

2 agency concerned shall accompany the member. 

3 ‘‘(2) Nothing in this section shall be construed to—

4 ‘‘(A) authorize a member assigned under sub5 section (a) to conduct a search, seizure, or other 

6 similar law enforcement activity or to make an ar7 rest; and 

8 ‘‘(B) supersede section 1385 of title 18 (popu9 larly known as the ‘Posse Comitatus Act’). 

10 ‘‘(e) ESTABLISHMENT OF ONGOING JOINT TASK

11 FORCES.—(1) The Secretary of Homeland Security may 

12 establish ongoing joint task forces if the Secretary of 

13 Homeland Security determines that the joint task force, 

14 and the assignment of members to the joint task force, 

15 is necessary to respond to a threat to national security 

16 posed by the entry into the United States of terrorists, 

17 drug traffickers, or illegal aliens. 

18 ‘‘(2) If established, the joint task force shall fully 

19 comply with the standards as set forth in this section. 

20 ‘‘(f) NOTIFICATION REQUIREMENTS.—The Secretary 

21 of Homeland Security shall provide to the Governor of the 

22 State in which members are to be deployed pursuant to 

23 an assignment under subsection (a) and to local govern24 ments in the deployment area notification of the deploy25 ment of the members to assist the Department of Home-
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1 land Security under this section and the types of tasks 

2 to be performed by the members. 

3 ‘‘(g) REIMBURSEMENT REQUIREMENT.—Section 377 

4 of this title shall apply in the case of members assigned 

5 under subsection (a). 

6 ‘‘(h) TERMINATION OF AUTHORITY.—No assignment 

7 may be made or continued under subsection (a) after Sep8 tember 30, 2005.’’. 

9 (b) COMMENCEMENT OF TRAINING PROGRAM.—The 

10 training program required by subsection (b) of section 

11 374a of title 10, United States Code, shall be established 

12 as soon as practicable after the date of the enactment of 

13 this Act. 

14 (c) CLERICAL AMENDMENT.—The table of sections 

15 at the beginning of such chapter is amended by inserting 

16 after the item relating to section 374 the following new 

17 item:

‘‘374a. Assignment of members to assist border patrol and control.’’.

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