[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3858 Introduced in House (IH)]







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.
                                 <all>