I 
109TH CONGRESS 
1ST SESSION H. R. 3704 
To provide for establishment of a Border Patrol Auxiliary. 
IN THE HOUSE OF REPRESENTATIVES 
SEPTEMBER 8, 2005 
Mrs. DRAKE (for herself, Mr. MARCHANT, Mr. MICA, and Mr. BURGESS) in-
troduced the following bill; which was referred to the Committee on 
Homeland Security 
A BILL 
To provide for establishment of a Border Patrol Auxiliary. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Protecting America 
Together Act of 2005’’. 
SEC. 2. BORDER PATROL AUXILIARY. 
(a) ESTABLISHMENT.— 
(1) IN GENERAL.—The Secretary of Homeland 
Security (in this Act referred to as the ‘‘Secretary’’) 
shall establish a Border Patrol Auxiliary (in this Act 
referred to as the ‘‘Auxiliary’’) as an organization
under the direction of the Secretary. For command, 
control, and administrative purposes, the Auxiliary 
shall include such organizational elements and units 
as are approved by the Secretary. The Auxiliary or-
ganization and its officers shall have such rights, 
privileges, powers, and duties as may be granted to 
them by the Secretary, consistent with this Act and 
other applicable provisions of law. The Secretary 
may delegate to officers of the Auxiliary the author-
ity vested in the Secretary by this section, in the 
manner and to the extent the Secretary considers 
necessary or appropriate for the functioning, organi-
zation, and internal administration of the Auxiliary. 
(2) DUTIES.—Not later than 6 months after 
the date of the enactment of this Act, the Secretary 
shall specify how best to use the Auxiliary. It is the 
intent of Congress that the Auxiliary be used to no-
tify the Border Patrol if members see illegal aliens 
attempting to cross into the United States. 
(b) EXEMPTION FROM LIABILITY.—Each organiza-
tional element or unit of the Border Patrol Auxiliary orga-
nization (but excluding any corporation formed by an or-
ganizational element or unit of the Auxiliary under sub-
section (c)), shall, except when acting outside the scope
of its authority, at all times be deemed to be an instrumen-
tality of the United States, for purposes of the following: 
(1) Chapter 26 of title 28, United States Code 
(popularly known as the Federal Tort Claims Act). 
(2) Other matters related to noncontractual 
civil liability. 
(c) INCORPORATION.—The national board of the 
Auxiliary, and any Auxiliary district or region, may form 
a corporation under State law in accordance with policies 
established by the Secretary. 
(d) LIMITATIONS.—In no case shall a member of the 
Auxiliary bear firearms in connection with carrying out 
duties as such a member. 
SEC. 3. ELIGIBILITY, ENROLLMENTS. 
The Auxiliary shall be composed of citizens of the 
United States and its territories and possessions, who by 
reason of their special training or experience are deemed 
by the Secretary to be qualified for duty in the Auxiliary, 
and who may be enrolled therein pursuant to applicable 
regulations. The Secretary shall specify, not later than 6 
months after the date of the enactment of this Act, the 
qualifications for members in the Auxiliary, including spe-
cial training or experience required.