[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2155 Reported in House (RH)]

                                                 Union Calendar No. 474
107th CONGRESS
  2d Session
                                H. R. 2155

                          [Report No. 107-754]

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.


_______________________________________________________________________


                    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

                            October 15, 2002

 Additional sponsors: Mr. McNulty, Mr. McHugh, Ms. Hart, Mr. Schaffer, 
 Mr. Hayworth, Ms. Jackson-Lee of Texas, Mr. Goode, Mr. Gallegly, Mr. 
                       McDermott, and Mr. Forbes

                            October 15, 2002

  Reported with an amendment, committed to the Committee of the Whole 
       House on the State of the Union, and ordered to be printed
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]
 [For text of introduced bill, see copy of bill as introduced on June 
                               13, 2001]

_______________________________________________________________________

                                 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 operated at a land border port of entry, if--
            (1) 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; and
            (2) the impoundment is not inconsistent with the laws of 
        the State in which the port of entry is located.

SEC. 5. EFFECTIVE DATE.

    This Act shall take effect 180 days after the date of the enactment 
of this Act.




                                                 Union Calendar No. 474

107th CONGRESS

  2d Session

                               H. R. 2155

                          [Report No. 107-754]

_______________________________________________________________________

                                 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.

_______________________________________________________________________

                            October 15, 2002

  Reported with an amendment, committed to the Committee of the Whole 
       House on the State of the Union, and ordered to be printed