I

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.

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 OF THE ARMED

2 FORCES TO ASSIST IMMIGRATION AND NATU3 RALIZATION SERVICE AND CUSTOMS SERV4 ICE.

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.—The Secretary of

12 Defense may assign members of the armed forces to

13 assist—

14 ‘‘(1) the Immigration and Naturalization Serv15 ice in preventing the entry of terrorists, drug traf16 fickers, and illegal aliens into the United States; and

17 ‘‘(2) the United States Customs Service in the

18 inspection of cargo, vehicles, and aircraft at points

19 of entry into the United States.

20 ‘‘(b) REQUEST FOR ASSIGNMENT.—The assignment

21 of members of the armed forces under subsection (a) may

22 only occur—

23 ‘‘(1) at the request of the Attorney General, in

24 the case of an assignment to the Immigration and

25 Naturalization Service; and
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1 ‘‘(2) at the request of the Secretary of the

2 Treasury, in the case of an assignment to the

3 United States Customs Service.

4 ‘‘(c) TRAINING PROGRAM.—If the assignment of

5 members of the armed forces is requested by the Attorney

6 General or the Secretary of the Treasury, the Attorney

7 General or the Secretary of the Treasury (as the case may

8 be), together with the Secretary of Defense, shall establish

9 a training program to ensure that members to be assigned

10 receive general instruction regarding issues affecting law

11 enforcement in the border areas in which the members will

12 perform duties under the assignment. A member may not

13 be deployed at a border location pursuant to an assign14 ment under subsection (a) until the member has success15 fully completed the training program.

16 ‘‘(d) CONDITIONS ON USE.—(1) Whenever a member

17 of the armed forces who is assigned under subsection (a)

18 to assist the Immigration and Naturalization Service or

19 the United States Customs Service is performing duties

20 at a border location pursuant to the assignment, a civilian

21 law enforcement officer from the agency concerned shall

22 accompany the member.

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

24 ‘‘(A) authorize a member assigned under sub25 section (a) to conduct a search, seizure, or other
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1 similar law enforcement activity or to make an ar2 rest; and

3 ‘‘(B) supersede section 1385 of title 18 (popu4 larly known as the ‘Posse Comitatus Act’).

5 ‘‘(e) NOTIFICATION REQUIREMENTS.—The Attorney

6 General or the Secretary of the Treasury (as the case may

7 be) shall notify the Governor of the State in which mem8 bers of the armed forces are to be deployed pursuant to

9 an assignment under subsection (a), and local govern10 ments in the deployment area, of the deployment of the

11 members to assist the Immigration and Naturalization

12 Service or the United States Customs Service (as the case

13 may be) and the types of tasks to be performed by the

14 members.

15 ‘‘(f) REIMBURSEMENT REQUIREMENT.—Section 377

16 of this title shall apply in the case of members of the

17 armed forces assigned under subsection (a).

18 ‘‘(g) TERMINATION OF AUTHORITY.—No assignment

19 may be made or continued under subsection (a) after Sep20 tember 30, 2003.’’.

21 (b) CLERICAL AMENDMENT.—The table of sections

22 at the beginning of such chapter is amended by inserting

23 after the item relating to section 374 the following new

24 item:

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

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