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 jurisdic-
tion 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 TO ASSIST BUREAU 
OF BORDER SECURITY AND BUREAU OF CITI-
ZENSHIP AND IMMIGRATION SERVICES OF 
THE DEPARTMENT 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