I 
110TH CONGRESS 
1ST SESSION 
H. R. 939 
To amend title 10, United States Code, to authorize the Secretary of Defense 
to assign members of the regular or reserve components 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 
FEBRUARY 8, 2007 
Mr. GOODE introduced the following bill; which was referred to the Committee 
on Armed Services, and in addition to the Committee on Homeland Secu-
rity, 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 regular 
or reserve components of the Army, Navy, Air Force, 
and Marine Corps, under certain circumstances and sub-
ject to certain conditions, to assist the Department of 
Homeland Security in the performance of border protec-
tion functions. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
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SECTION 1. ASSIGNMENT OF MEMBERS OF THE ARMED 
FORCES TO ASSIST BUREAU OF CUSTOMS 
AND 
BORDER 
PROTECTION 
AND 
UNITED 
STATES IMMIGRATION AND CUSTOMS EN-
FORCEMENT. 
(a) ASSIGNMENT AUTHORITY OF SECRETARY OF DE-
FENSE.—Chapter 18 of title 10, United States Code, is 
amended by adding at the end the following new section: 
‘‘§ 383. Assignment of members to assist border patrol 
and control 
‘‘(a) ASSIGNMENT AUTHORIZED.—Upon submission 
of a request consistent with subsection (b), the Secretary 
of Defense may assign members of the regular or reserve 
components of the Army, Navy, Air Force, and Marine 
Corps to assist the Bureau of Customs and Border Protec-
tion and the United States Immigration and Customs En-
forcement of the Department of Homeland Security— 
‘‘(1) in preventing the entry of terrorists, drug 
traffickers, and illegal aliens into the United States; 
and 
‘‘(2) in the inspection of cargo, vehicles, and 
aircraft at points of entry into the United States to 
prevent the entry of weapons of mass destruction, 
components of weapons of mass destruction, prohib-
ited narcotics or drugs, or other terrorist or drug 
trafficking items. 
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‘‘(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 Defense 
shall establish a training program to ensure that members 
receive general instruction regarding issues affecting 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 Customs and Border Protection or the United States 
Immigration and Customs Enforcement is performing du-
ties pursuant to the assignment, a civilian law enforce-
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ment 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-
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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).’’. 
(b) COMMENCEMENT OF TRAINING PROGRAM.—The 
training program required by subsection (c) of section 383 
of title 10, United States Code, as added by subsection 
(a), 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 adding 
at the end the following new item: 
‘‘383. Assignment of members to assist border patrol and control.’’. 
Æ 
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