I 

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 
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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,

3 SECTION 1. ASSIGNMENT OF MEMBERS OF THE ARMED 

4 FORCES TO ASSIST BUREAU OF BORDER SE5 CURITY AND BUREAU OF CITIZENSHIP AND 

6 IMMIGRATION SERVICES OF THE DEPART7 MENT OF HOMELAND SECURITY. 

8 (a) ASSIGNMENT AUTHORITY OF SECRETARY OF DE9 FENSE.—Chapter 18 of title 10, United States Code, is 

10 amended by inserting after section 374 the following new 

11 section: 

12 ‘‘§ 374a. Assignment of members to assist border pa13 trol and control 

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

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

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

17 Force, and Marine Corps to assist—

18 ‘‘(1) the Bureau of Border Security of the De19 partment of Homeland Security in preventing the 

20 entry of terrorists, drug traffickers, and illegal aliens 

21 into the United States; and 

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

23 Department of Homeland Security in the inspection 

24 of cargo, vehicles, and aircraft at points of entry 
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1 into the United States to prevent the entry of weap2 ons of mass destruction, components of weapons of 

3 mass destruction, prohibited narcotics or drugs, or 

4 other terrorist or drug trafficking items. 

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

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

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

8 Secretary of Homeland Security; and 

9 ‘‘(2) the request is accompanied by a certifi10 cation by the Secretary of Homeland Security that 

11 the assignment of members pursuant to the request 

12 is necessary to respond to a threat to national secu13 rity posed by the entry into the United States of ter14 rorists, drug traffickers, or illegal aliens. 

15 ‘‘(c) TRAINING PROGRAM REQUIRED.—The Sec16 retary of Homeland Security and the Secretary of De17 fense, shall establish a training program to ensure that 

18 members receive general instruction regarding issues af19 fecting law enforcement in the border areas in which the 

20 members may perform duties under an assignment under 

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

22 location pursuant to an assignment under subsection (a) 

23 until the member has successfully completed the training 

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

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

3 of Border Security or the United States Customs Service 

4 is performing duties at a border location pursuant to the 

5 assignment, a civilian law enforcement officer from the 

6 agency concerned shall accompany the member. 

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

8 ‘‘(A) authorize a member assigned under sub9 section (a) to conduct a search, seizure, or other 

10 similar law enforcement activity or to make an ar11 rest; and 

12 ‘‘(B) supersede section 1385 of title 18 (popu13 larly known as the ‘Posse Comitatus Act’). 

14 ‘‘(e) ESTABLISHMENT OF ONGOING JOINT TASK

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

16 establish ongoing joint task forces if the Secretary of 

17 Homeland Security determines that the joint task force, 

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

19 is necessary to respond to a threat to national security 

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

21 drug traffickers, or illegal aliens. 

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

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

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

25 of Homeland Security shall provide to the Governor of the 
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1 State in which members are to be deployed pursuant to 

2 an assignment under subsection (a) and to local govern3 ments in the deployment area notification of the deploy4 ment of the members to assist the Department of Home5 land Security under this section and the types of tasks 

6 to be performed by the members. 

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

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

9 under subsection (a). 

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

11 may be made or continued under subsection (a) after Sep12 tember 30, 2007.’’. 

13 (b) COMMENCEMENT OF TRAINING PROGRAM.—The 

14 training program required by subsection (b) of section 

15 374a of title 10, United States Code, shall be established 

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

17 this Act. 

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

19 at the beginning of such chapter is amended by inserting 

20 after the item relating to section 374 the following new 

21 item:

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

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