[Congressional Record Volume 141, Number 195 (Friday, December 8, 1995)]
[Extensions of Remarks]
[Pages E2328-E2329]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




    U.S. CUSTOMS SERVICE EMPLOYEES PROTECTION ACT OF 1995, H.R. 2737

                                 ______


                        HON. BENJAMIN A. GILMAN

                              of new york

                    in the house of representatives

                       Thursday, December 7, 1995

  Mr. GILMAN. Mr. Speaker, on October 31, 1995, the House International 
Relations Committee held full committee hearings on the matter of the 
U.S. efforts at international narcotics control.
  We were pleased among the witnesses that day to hear from the DEA and 
the U.S. Customs Service. Both these fine agencies are engaged in the 
difficult and often unappreciated battle to prevent these deadly drugs 
from ever entering our Nation and infecting our cities and schools, 
where they soon destroy the lives of so many of our young people, and 
many others.
  During the hearing, we examined our efforts along the Southwest 
border to prevent drugs from entering the United States from Mexico. We 
also discussed the phenomena of the drug trafficking port runners, who 
our border control people now face frequently along our vast border 
with Mexico.
  These port runners are individuals who load up cars or vans with 
large quantities of drugs, then await the chance to race illegally 
across the border at high and very dangerous speeds past the U.S. 
Customs Service checkpoints; sometimes even heading across the U.S. 
border going against oncoming traffic in the southbound lanes.
  Needless to say, there is real danger and the potential for serious 
tragedy from these madmen willing to risk the lives of innocent people, 
including our Customs Service inspectors, and other Federal officials, 
who they seek to avoid detection by in their dangerous dash across the 
Mexican-United States border, loaded with illegal drugs headed for the 
streets of America.
  During the hearing, we learned of the case a few years ago of an 
individual driving a 1976 Dodge van from Mexico loaded with drugs 
intended for entry at El Paso, TX. A U.S. Customs Service inspector 
working with an Agriculture inspector in the primary inspection lane 
attempted to stop the fleeing driver when suspicions arose about the 
illicit cargo he was carrying.
  In the ensuing struggle, the Customs inspector held on to the 
passenger side of the vehicle in an attempt to stop the van. The 
Customs inspector was then thrown from the vehicle about 300 yards from 
the primary lane, suffered massive head injuries, and died 1 day later 
at a local hospital.
  One more victim of the deadly drug trade was claimed that day, and 
this Customs Service inspector, and so many others, like the five DEA 
agents killed in a plane crash in the 

[[Page E 2329]]
mountains of Peru this year, ought not be forgotten by the American 
people. We do not fully appreciate the sacrifices and dangers our 
people face each and every day in this serious struggle against illicit 
narcotics.
  In this particular case, we also learned that the local U.S. attorney 
in the death of this dedicated Federal U.S. Customs Service inspector, 
did not bring Federal charges against the defendant under section 1114 
of title 18, United States Code. That particular section of our Federal 
criminal law involves protection of officers and employees of the 
United States, and provides for the possibility of the death penalty, 
if they are killed in the line of duty, and the circumstances warrant 
its application.
  The defendant in this case was arrested and charged under State law, 
not Federal law. This should not have to be the case in the killing of 
a Federal Customs Service inspector. The Federal Government's authority 
must be clear and unequivocal. We cannot tolerate any such conduct or 
action that threatens or takes the lives of any of our dedicated U.S. 
Customs Service employees along the border, or anywhere else, when they 
are engaged in their official duties.
  There is a possible loophole today in Federal law that does not 
clearly cover U.S. Customs Service inspectors and some other Customs 
employees under section 1114 of title 18, United States Code of our 
Criminal Code. Today, legislation I introduce, along with fellow 
International Relations Committee member, Steve Chabot of Ohio, closes 
any loophole that might exist. Our bill tightens Federal law and makes 
the death penalty clearly applicable under this section in the case of 
those who would take the life of any U.S. Customs Service inspector, 
agent, canine officer, or other employee, or any person assisting them 
in the execution of their duties.
  We owe all these dedicated men and women, nothing less than the 
clearest maximum protection and deterrent we can provide under Federal 
law against these port runners or any others, who would jeopardize, 
threaten, or take the life of these dedicated Customs Service employees 
performing their job. We must make sure that the full weight, 
resources, and all the tools available to the U.S. Government, can and 
will be applied in such cases, and never face any ambiguity as to the 
intent of our law and obligation to these men and women.
  I urge that the House Judiciary Committee move expeditiously to close 
this loophole in our Federal criminal law. We must send a clear message 
that such conduct will not be tolerated, and when appropriate, those 
who engage in the taking of human life of these dedicated Customs 
Service employees as part of the dirty drug trade or other illegal 
activity, may also possibly face loss of their own life as well.
  I request that the full text of H.R. 2737 be printed at this point in 
the Record.

                               H.R. 2737

       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 ``United States Customs 
     Service Employees Protection Act of 1995''.

     SEC. 2. PROTECTION FOR UNITED STATES CUSTOMS SERVICE 
                   EMPLOYEES.

       Section 1114 of title 18, United States Code, is amended--
       (1) by striking ``of the customs or''; and
       (2) by inserting ``any Inspector, Agent, Canine Enforcement 
     Officer, or other employee of the United States Customs 
     Service or any person assisting any employee of such Service 
     in the execution of that employee's duties,'' before ``any 
     immigration officer''.

                          ____________________