105th CONGRESS
2d Session
H. R. 3858 To assure drug-free borders by increasing penalties for certain drug-related offenses, to enhance law enforcement efforts for counterdrug activities, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES May 13, 1998
Mr. HUNTER (for himself, Mr. BILBRAY, Mr. PACKARD, Mr. REYES, and Mr. CUNNINGHAM) introduced the following bill; which was referred to the Committee on the Judiciary
A BILL To assure drug-free borders by increasing penalties for certain drug-related offenses, to enhance law enforcement efforts for counterdrug activities, and for other purposes.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE.
This Act may be cited as the `Border Protection and Infrastructure Act of 1998'.
SEC. 2. FELONY PUNISHMENT FOR VIOLENCE COMMITTED ALONG THE UNITED STATES BORDER.
(a) IN GENERAL- Chapter 27 of title 18, United States Code, is amended by adding at the end the following:
`Sec. 554. Violence while eluding inspection or during violation of arrival, reporting, entry, or clearance requirements
`(a) Whoever attempts to commit or commits a crime of violence during and in relation to-- `(1) attempting to elude or eluding customs, immigration, or agriculture inspection or failing to stop at the command of an officer of customs, immigration, or animal and plant and health inspection services; or `(2) an intentional violation of arrival, reporting, entry, or clearance requirements, as set forth in a provision of law listed in subsection (c); shall be fined under this title or imprisoned for not more than 5 years, or both, except that if bodily injury (as defined in section 1365(g) of this title) results, the maximum term of imprisonment is 10 years, and if death results, the offender may be imprisoned for any term of years or for life, and may be sentenced to death. `(b) If 2 or more persons conspire to commit an offense under subsection (a), and 1 or more of such persons do any act to effect the object of the conspiracy, each shall be punishable as a principal, except that the sentence of death may not be imposed. `(c) The provisions of law referred to in subsection (a) are-- `(1) section 107 of the Federal Plant Pest Act (7 U.S.C. 150ff); `(2) section 7 of the Federal Noxious Weed Act of 1974 (7 U.S.C. 2806); `(3) section 431, 433, 434, or 459 of the Tariff Act of 1930 (19 U.S.C. 1431, 1433, 1434, 1459); `(4) section 6 of the Act of August 30, 1890 (21 U.S.C. 105; Chapter 839, 26 Stat. 416); `(5) section 2 of the Act of February 2, 1903 (21 U.S.C. 111; Chapter 349, 32 Stat. 791); `(6) section 231, 232, 234, 235, 236, 237, or 238 of the Immigration and Nationality Act (8 U.S.C. 1221, 1222, 1224, 1225, 1226, 1227, 1228); or `(7) section 4197 of the Revised Statutes of the United States (46 U.S.C. App. 91), section 111 of title 21, United States Code.'. (b) CLERICAL AMENDMENT- The table of sections at the beginning of chapter 27 of title 18, United States Code, is amended by inserting at the end the following new item: `554. Violence while eluding inspection or during violation of arrival, reporting, entry, or clearance requirements.'.
SEC. 3. INCREASED PENALTY FOR FALSE STATEMENT OFFENSE.
Section 542 of title 18, United States Code, is amended by striking `two years' and inserting `5 years'.
SEC. 4. SANCTIONS FOR FAILURE TO LAND OR HEAVE TO, OBSTRUCTING A LAWFUL BOARDING, AND PROVIDING FALSE INFORMATION.
(a) IN GENERAL- Chapter 109 of title 18, United States Code, is amended by adding at the end the following:
`Sec. 2237. Sanctions for failure to heave to; sanctions for obstruction of boarding and providing false information
`(a)(1) It shall be unlawful for the master, operator, or person in charge of a vessel of the United States or a vessel subject to the jurisdiction of the United States, to fail to obey an order to heave to that vessel on being ordered to do so by an authorized Federal law enforcement officer. `(2) It shall be unlawful for any person on board a vessel of the United States or a vessel subject to the jurisdiction of the United States knowingly or willfully to-- `(A) fail to comply with an order of an authorized Federal law enforcement officer in connection with the boarding of the vessel; `(B) impede or obstruct a boarding or arrest, or other law enforcement action authorized by any Federal law; or `(C) provide false information to a Federal law enforcement officer during a boarding of a vessel regarding the vessel's destination, origin, ownership, registration, nationality, cargo, or crew. `(3)(A) It shall be unlawful for the pilot, operator, or person in charge of an aircraft which has crossed the border of the United States, or an aircraft subject to the jurisdiction of the United States operating outside the United States, to knowingly fail to obey an order to land by an authorized Federal law enforcement officer who is enforcing the laws of the United States relating to controlled substances, as that term is defined in section 102(6) of the Controlled Substances Act (21 U.S.C. 802(6)), or relating to money laundering (sections 1956-57 of this title). `(B) The Administrator of the Federal Aviation Administration, in consultation with the Commissioner of Customs and the Attorney General, shall prescribe regulations governing the means by, and circumstances under which a Federal law enforcement officer may communicate an order to land to a pilot, operator, or person in charge of an aircraft. Such regulations shall ensure that any such order is clearly communicated in accordance with applicable international standards. Further, such regulations shall establish guidelines based on observed conduct, prior information, or other circumstances for determining when an officer may use the authority granted under subparagraph (A). `(b) This section does not limit in any way the preexisting authority of a customs officer under section 581 of the Tariff Act of 1930 or any other provision of law enforced or administered by the Customs Service, or the preexisting authority of any Federal law enforcement officer under any law of the United States to order an aircraft to land or a vessel to heave to. `(c) A foreign nation may consent or waive objection to the enforcement of United States law by the United States under this section by international agreement or, on a case-by-case basis, by radio, telephone, or similar oral or electronic means. Consent or waiver may be proven by certification of the Secretary of State or the Secretary's designee. `(d) For purposes of this section-- `(1) the terms `vessel of the United States' and `vessel subject to the jurisdiction of the United States' have the meanings set forth for these terms, respectively, in the Maritime Drug Law Enforcement Act (46 App. U.S.C. 1903); `(2) the term `heave to' means to cause a vessel to slow or come to a stop to facilitate a law enforcement boarding by adjusting the course and speed of the vessel to account for the weather conditions and sea state; `(3) an aircraft `subject to the jurisdiction of the United States' includes-- `(A) an aircraft located over the United States or the customs waters of the United States; `(B) an aircraft located in the airspace of a foreign nation, where that nation consents to the enforcement of United States law by the United States; and `(C) over the high seas, an aircraft without nationality, an aircraft of United States registry, or an aircraft registered in a foreign nation that has consented or waived objection to the enforcement of United States law by the United States; `(4) an aircraft `without nationality' includes-- `(A) an aircraft aboard which the pilot, operator, or person in charge makes a claim of registry, which claim is denied by the nation whose registry is claimed; and `(B) an aircraft aboard which the pilot, operator, or person in charge fails, upon request of an officer of the United States empowered to enforce applicable provisions of United States law, to make a claim of registry for that aircraft; and `(5) the term `Federal law enforcement officer' has the meaning set forth in section 115 of this title. `(e) Whoever intentionally violates this section shall be fined under this title or imprisoned for not more than 5 years, or both. `(f) An aircraft or vessel that is used in violation of this section may be seized and forfeited to the United States. The laws relating to the seizure, summary and judicial forfeiture, and condemnation of property for violation of the customs laws, the disposition of such property or the proceeds from the sale thereof, the remission or mitigation of such forfeitures, and the compromise of claims, shall apply to seizures and forfeitures undertaken, or alleged to have been undertaken, under any of the provisions of this section; except that such duties as are imposed upon the customs officer or any other person with respect to the seizure and forfeiture of property under the customs laws shall be performed with respect to seizures and forfeitures of property under this section by such officers, agents, or other persons as may be authorized or designated for that purpose. An aircraft or vessel that is used in violation of this section is also liable in rem for any fine imposed under this section.'. (b) CLERICAL AMENDMENT- The table of sections at the beginning of chapter 109 of title 18, United States Code, is amended by adding at the end the following new item: `2237. Sanctions for failure to heave to; sanctions for obstruction of boarding or providing false information.'.
SEC. 5. CIVIL PENALTIES TO SUPPORT MARITIME LAW ENFORCEMENT.
(a) IN GENERAL- Chapter 17 of title 14, United States Code, is amended by adding at the end the following new section:
`Sec. 676. Civil penalty for failure to comply with vessel boarding
`(a) Any person that engages in conduct that violates section 2237(a) (1) or (2) of title 18, United States Code, shall be liable to the United States Government-- `(1) for a civil penalty of not more than $25,000, in the case of an intentional violation; or `(2) for a civil penalty of not more than $15,000, in the case of any other violation. `(b) A vessel used to engage in conduct for which a penalty is imposed under subsection (a) is liable in rem for that penalty and may be seized, forfeited, and sold in accordance with customs laws.'. (b) CLERICAL AMENDMENT- The table of sections at the beginning of chapter 17 of title 14, United States Code, is amended by adding at the end the following new item: `676. Civil penalty for failure to comply with vessel boarding.'.
SEC. 6. INCREASED NUMBER OF BORDER PATROL AGENTS.
Section 101(a) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (Public Law 104-208; 110 Stat. 3009-553) is amended to read as follows: `(a) INCREASED NUMBER OF BORDER PATROL AGENTS- The Attorney General shall increase the number of positions for full-time, active-duty border patrol agents within the Immigration and Naturalization Service to achieve a level of 20,000 positions by fiscal year 2003.'.
SEC. 7. BORDER PATROL PURSUIT POLICY.
Within ten miles of the international border of the United States, a border patrol agent of the United States Border Patrol may not cease pursuit of an alien who the agent suspects has unlawfully entered the United States, or an individual who the agent suspects has unlawfully imported a narcotic into the United States, until State or local law enforcement authorities are in pursuit of the alien or individual and have the alien or individual in their visual range.
SEC. 8. AUTHORIZATION FOR BORDER PATROL TO INTERDICT THE IMPORTATION OF NARCOTICS.
The United States Border Patrol within the Department of Justice shall have as one of it functions the prevention of unlawful importation of narcotics into the United States and confiscation of such narcotics.
SEC. 9. CONSTRUCTION OF BARRIERS AND ROADS TO DETER DRUG TRAFFICKING.
(a) IN GENERAL- (1) The Attorney General, in consultation with the Commissioner of Immigration and Naturalization, may take such actions as necessary (including the removal of obstacles to the detection of illegal entrants into the United States) to install multilayered barriers and roads in the vicinity of the United States border for the purpose of deterring drug trafficking in areas of high drug trafficking into the United States. In determining the locations for such multilayered barriers and roads, the Attorney General shall consider, but not limit consideration to, the following sites: (A) The San Diego-Tijuana corridor. (B) The Calexico-Mexicali corridor. (C) The Yuma-San Luis corridor. (D) The Douglas-Nogales corridor. (E) The El Paso-Juarez corridor. (F) The Presidio-Ojinaga corridor. (G) The Del Rio-Acuna corridor. (H) The Eagle Pass-Piedras Negras corridor. (I) The Laredo-Nueva Laredo corridor. (J) The Rio Grand City-Roma corridor. (K) The McAllen corridor. (L) The Brownsville-Matamoras corridor. (2) The Attorney General, acting under the authority contained in section 103(b) of the Immigration and Nationality Act, shall promptly acquire such easements as may be necessary to carry out this section and shall commence construction of multilayered barriers and roads immediately following such acquisition (or conclusion of portions thereof). (3) The Attorney General, while constructing multilayered barriers and roads under this section, shall incorporate such safety features into the design of the multilayered barriers and roads as are necessary to ensure the well being of border patrol agents deployed within, or in near proximity to, the system. (b) AUTHORIZATION OF APPROPRIATIONS- There are authorized to be appropriated such sums as may be necessary to carry out this section. Amounts appropriated pursuant to this subsection shall remain available until expended.
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