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. GOOD-
LATTE, Mr. SHUSTER, Mr. WAMP, Mr. GALLEGLY, Mr. GARRETT of New 
Jersey, Mr. HOSTETTLER, Mr. TAYLOR of North Carolina, Mr. ALEX-
ANDER, 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 cir-
cumstances and subject to certain conditions, to assist
the Department of Homeland Security in the perform-
ance of border protection functions.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. ASSIGNMENT OF MEMBERS OF THE ARMED 
FORCES TO ASSIST BUREAU OF BORDER SE-
CURITY AND BUREAU OF CITIZENSHIP AND 
IMMIGRATION SERVICES OF THE DEPART-
MENT OF HOMELAND SECURITY. 
(a) ASSIGNMENT AUTHORITY OF SECRETARY OF DE-
FENSE.—Chapter 18 of title 10, United States Code, is 
amended by inserting after section 374 the following new 
section: 
‘‘§ 374a. Assignment of members to assist border pa-
trol 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 De-
partment 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 weap-
ons 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 certifi-
cation by the Secretary of Homeland Security that 
the assignment of members pursuant to the request 
is necessary to respond to a threat to national secu-
rity posed by the entry into the United States of ter-
rorists, drug traffickers, or illegal aliens. 
‘‘(c) TRAINING
PROGRAM
REQUIRED.—The Sec-
retary of Homeland Security and the Secretary of De-
fense, shall establish a training program to ensure that 
members receive general instruction regarding issues af-
fecting 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 sub-
section (a) to conduct a search, seizure, or other 
similar law enforcement activity or to make an ar-
rest; and 
‘‘(B) supersede section 1385 of title 18 (popu-
larly 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 govern-
ments in the deployment area notification of the deploy-
ment of the members to assist the Department of Home-
land 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 Sep-
tember 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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