I
105TH CONGRESS
1ST SESSION
H. R. 2922
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 Natu-
ralization Service and the United States Customs Service in the perform-
ance of border protection functions.
IN THE HOUSE OF REPRESENTATIVES
NOVEMBER 7, 1997
Mr. TRAFICANT
(for himself, Mr. MURTHA, Mr. BILBRAY, and Mr.
ROHRABACHER) introduced the following bill; which was referred to the
Committee on National Security
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 cer-
tain conditions, to assist the Immigration and Natu-
ralization Service and the United States Customs Service
in the performance 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 IMMIGRATION AND NATU-
RALIZATION SERVICE AND CUSTOMS SERV-
ICE.
(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.—The Secretary of
Defense may assign members of the armed forces to as-
sist—
‘‘(1) the Immigration and Naturalization Serv-
ice in preventing the entry of terrorists, drug traf-
fickers, and illegal aliens into the United States; and
‘‘(2) the United States Customs Service in the
inspection of cargo, vehicles, and aircraft at points
of entry into the United States.
‘‘(b) REQUEST FOR ASSIGNMENT.—The assignment
of members of the armed forces under subsection (a) may
only occur—
‘‘(1) at the request of the Attorney General, in
the case of an assignment to the Immigration and
Naturalization Service; and
‘‘(2) at the request of the Secretary of the
Treasury, in the case of an assignment to the Unit-
ed States Customs Service.
‘‘(c) TRAINING PROGRAM.—If the assignment of
members of the armed forces is requested by the Attorney
General or the Secretary of the Treasury, the Attorney
General or the Secretary of the Treasury (as the case may
be), together with the Secretary of Defense, shall establish
a training program to ensure that members to be assigned
receive general instruction regarding issues affecting law
enforcement in the border areas in which the members will
perform duties under the assignment. A member may not
be deployed at a border location pursuant to an assign-
ment under subsection (a) until the member has success-
fully completed the training program.
‘‘(d) CONDITIONS ON USE.—(1) Whenever a member
of the armed forces who is assigned under subsection (a)
to assist the Immigration and Naturalization Service 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) NOTIFICATION REQUIREMENTS.—The Attorney
General or the Secretary of the Treasury (as the case may
be) shall notify the Governor of the State in which mem-
bers of the armed forces are to be deployed pursuant to
an assignment under subsection (a), and local govern-
ments in the deployment area, of the deployment of the
members to assist the Immigration and Naturalization
Service or the United States Customs Service (as the case
may be) and the types of tasks to be performed by the
members.
‘‘(f) REIMBURSEMENT REQUIREMENT.—Section 377
of this title shall apply in the case of members of the
armed forces assigned under subsection (a).
‘‘(g) TERMINATION OF AUTHORITY.—No assignment
may be made or continued under subsection (a) after Sep-
tember 30, 2001.’’.
(b) 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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