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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... (Introduced in House)

HR 1986 IH

109th CONGRESS

1st Session

H. R. 1986

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

April 28, 2005

Mr. GOODE (for himself, Mr. JONES of North Carolina, Mr. TANCREDO, Mr. SESSIONS, Mr. NORWOOD, Mr. LEWIS of Kentucky, Mr. DUNCAN, Mr. CULBERSON, Mr. DEAL of Georgia, Mrs. CUBIN, Mr. PRICE of Georgia, Mr. SULLIVAN, Mr. FORBES, Mr. KING of Iowa, Mrs. JO ANN DAVIS of Virginia, Mr. HAYES, Mr. BOOZMAN, Mr. SAM JOHNSON of Texas, Mr. SHIMKUS, Ms. FOXX, Mr. GUTKNECHT, Mr. HAYWORTH, Mr. GOODLATTE, Mr. SHUSTER, Mr. WAMP, Mr. GALLEGLY, Mr. GARRETT of New Jersey, Mr. HOSTETTLER, Mr. TAYLOR of North Carolina, Mr. ALEXANDER, Mr. BARRETT of South Carolina, Mr. SENSENBRENNER, Ms. GINNY BROWN-WAITE of Florida, Mr. BRADY of Texas, and Mr. COBLE) introduced the following bill; which was referred to the Committee on Armed Services, and in addition to the 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 OF THE ARMED FORCES 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
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