HR 2922 IH

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 Naturalization Service and the United States Customs Service in the performance of border protection functions.

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

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 Naturalization Service and the United States Customs Service 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 OF THE ARMED FORCES TO ASSIST IMMIGRATION AND NATURALIZATION SERVICE AND CUSTOMS SERVICE.

(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- The Secretary of Defense may assign members of the armed forces to assist--

`(1) the Immigration and Naturalization Service in preventing the entry of terrorists, drug traffickers, 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 United 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 assignment under subsection (a) until the member has successfully 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 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) 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 members of the armed forces are to be deployed pursuant to an assignment under subsection (a), and local governments 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 September 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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