[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2155 Introduced in House (IH)]
107th CONGRESS
1st Session
H. R. 2155
To amend title 18, United States Code, to make it illegal to operate a
motor vehicle with a drug or alcohol in the body of the driver at a
land border port of entry, and for other purposes.
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IN THE HOUSE OF REPRESENTATIVES
June 13, 2001
Mr. Flake (for himself, Mr. Smith of Texas, and Mr. Stupak) introduced
the following bill; which was referred to the Committee on the
Judiciary
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A BILL
To amend title 18, United States Code, to make it illegal to operate a
motor vehicle with a drug or alcohol in the body of the driver at a
land border port of entry, 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. MAKING IT ILLEGAL TO OPERATE A MOTOR VEHICLE WITH A DRUG OR
ALCOHOL IN THE BODY OF THE DRIVER AT LAND BORDER PORTS OF
ENTRY.
Section 13(a) of title 18, United States Code, is amended--
(1) by inserting ``(1)'' after ``(a)''; and
(2) by adding at the end the following:
``(2) Whoever with a drug or alcohol in his or her body operates a
motor vehicle at a land border port of entry in a manner that is
punishable, because of the presence of the drug or alcohol, if
committed within the jurisdiction of the State in which that land
border port of entry is located (under the laws of that State in force
at the time of the act) shall be guilty of a like offense and subject
to a like punishment.
``(3) Any individual who operates a motor vehicle at a land border
port of entry is deemed to have given consent to submit to a chemical
or other test of the blood, breath, or urine of the driver by an
officer or employee of the Immigration and Naturalization Service
authorized under section 287(h) of the Immigration and Nationality Act
(8 U.S.C. 1357(h)) for the purpose of determining the presence or
concentration of a drug or alcohol in such blood, breath, or urine.
``(4) If an individual refuses to submit to such a test after being
advised by the officer or employee that the refusal will result in
notification under this paragraph, the Attorney General shall give
notice of the refusal to--
``(A) the State or foreign state that issued the license
permitting the individual to operate a motor vehicle; or
``(B) if the individual has no such license, the State or
foreign state in which the individual is a resident.
``(5) The Attorney General shall give notice of a conviction of an
individual under this section for operation of a motor vehicle at a
land border port of entry with a drug or alcohol in the body of the
individual, to--
``(A) the State or foreign state that issued the license
permitting the individual to operate a motor vehicle; or
``(B) if the individual has no such license, the State or
foreign state in which the individual is a resident.
``(6) For purposes of this subsection, the term `land border port
of entry' means any land border port of entry (as defined in section
287(h)(3) of the Immigration and Nationality Act (8 U.S.C. 1357(h)(3)))
that was not reserved or acquired as provided in section 7 of this
title.''.
SEC. 2. AUTHORIZING OFFICERS AND EMPLOYEES OF THE IMMIGRATION AND
NATURALIZATION SERVICE TO CONDUCT TESTS FOR A DRUG OR
ALCOHOL.
Section 287 of the Immigration and Nationality Act (8 U.S.C. 1357)
is amended by adding at the end the following:
``(h)(1) If an officer or employee of the Service authorized under
regulations prescribed by the Attorney General is inspecting a driver
at a land border port of entry and has reasonable grounds to believe
that, because of alcohol in the body of the driver, operation of a
motor vehicle by the driver is an offense under section 13 of title 18,
United States Code, the officer or employee may require the driver to
submit to a test of the breath of the driver to determine the presence
or concentration of the alcohol.
``(2) If an officer or employee of the Service authorized under
regulations prescribed by the Attorney General arrests a driver under
this section for operation of a motor vehicle in violation of section
13 of title 18, United States Code, because of a drug or alcohol in the
body of the driver, the officer or employee may require the driver to
submit to a chemical or other test to determine the presence or
concentration of the drug or alcohol in the blood, breath, or urine of
the driver.
``(3) For purposes of this subsection:
``(A) The term `driver' means an individual who is
operating a motor vehicle at a land border port of entry.
``(B) The term `land border port of entry' means any
immigration checkpoint operated by the Immigration and
Naturalization Service at a land border between a State (as
that term is used in section 13 of title 18, United States
Code) and a foreign state.''.
SEC. 3. REQUIRING NOTICE AT LAND BORDER PORTS OF ENTRY REGARDING
OPERATION OF A MOTOR VEHICLE AND DRUGS AND ALCOHOL.
(a) In General.--The Immigration and Nationality Act is amended by
inserting after section 294 (8 U.S.C. 1363a) the following:
``notice at land border ports of entry regarding operation of a motor
vehicle and drugs and alcohol
``Sec. 295. At each point where motor vehicles regularly enter a
land border port of entry (as defined in section 287(h)(3)), the
Attorney General shall post a notice that operation of a motor vehicle
with a drug or alcohol in the body of the driver at a land border port
of entry is an offense under Federal law.''.
(b) Clerical Amendment.--The first section of the Immigration and
Nationality Act is amended in the table of contents by inserting after
the item relating to section 294 the following:
``Sec. 295. Notice at land border ports of entry regarding operation
of a motor vehicle and drugs and
alcohol.''.
SEC. 4. IMPOUNDMENT OF VEHICLE FOR REFUSAL TO SUBMIT TO TEST FOR DRUG
OR ALCOHOL.
Not more than 180 days after the date of the enactment of this Act,
the Attorney General shall issue regulations authorizing an officer or
employee of the Immigration and Naturalization Service to impound a
vehicle, if the individual who operates the vehicle refuses to submit
to a chemical or other test under section 13(a)(3) of title 18, United
States Code.
SEC. 5. EFFECTIVE DATE.
This Act shall take effect 180 days after the date of the enactment
of this Act.
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