Requires the Secretaries to establish a training program that must be completed by military personnel serving in such capacity. Requires any member so serving to be accompanied by a civilian law enforcement officer from the agency concerned.
Authorizes the Secretary of Homeland Security to establish ongoing joint task forces to respond to threats to national security posed by the entry of terrorists, drug traffickers, or illegal aliens.
Directs the Secretary of Homeland Security to notify the governor and local governments of the State involved of the deployment of such members and the types of tasks to be performed.
Prohibits any such assignment after September 30, 2005.
[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 277 Introduced in House (IH)]
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
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 circumstances and subject to certain conditions,
to assist the Department of Homeland Security in the performance of
border protection functions.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. ASSIGNMENT OF MEMBERS TO ASSIST BUREAU OF BORDER SECURITY
AND BUREAU OF CITIZENSHIP AND IMMIGRATION SERVICES OF THE
DEPARTMENT OF HOMELAND SECURITY.
(a) Assignment Authority of Secretary of Defense.--Chapter 18 of
title 10, United States Code, is amended by inserting after section 374
the following new section:
``Sec. 374a. 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 Army, Navy, Air Force, and Marine Corps to assist--
``(1) the Bureau of Border Security of the Department 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 weapons 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 certification by the
Secretary of Homeland Security that the assignment of members
pursuant to the request 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.
``(c) Training Program Required.--The Secretary 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 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 subsection (a) to
conduct a search, seizure, or other similar law enforcement
activity or to make an arrest; and
``(B) supersede section 1385 of title 18 (popularly 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 governments in the deployment area notification of the
deployment of the members to assist the Department of Homeland 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 September 30, 2005.''.
(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.''.
<all>
Introduced in House
Introduced in House
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 jurisdiction of the committee concerned.
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 jurisdiction of the committee concerned.
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 jurisdiction of the committee concerned.
Referred to the Subcommittee on Infrastructure and Border Security, for a period to be subsequently determined by the Chairman.
Executive Comment Requested from DOD.
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