[Congressional Record Volume 170, Number 115 (Thursday, July 11, 2024)]
[Senate]
[Page S5026]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 2750. Mr. CRUZ submitted an amendment intended to be proposed by 
him to the bill S. 4638, to authorize appropriations for fiscal year 
2025 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

       At the end of subtitle E of title X, add the following:

     SEC. 1049. CRIMINAL AND IMMIGRATION PENALTIES FOR EVADING 
                   ARREST OR DETENTION.

       (a) Short Title.--This section may be cited as ``Agent Raul 
     Gonzalez Officer Safety Act''.
       (b) Criminal Penalties for Evading Arrest or Detention.--
       (1) In general.--Chapter 2 of title 18, United States Code, 
     is amended by adding at the end the following:

     ``Sec. 40B. Evading arrest or detention while operating a 
       motor vehicle

       ``(a) Offense.--A person commits an offense under this 
     section by operating a motor vehicle within 100 miles of the 
     United States border while intentionally fleeing from--
       ``(1) a pursuing U.S. Border Patrol agent acting pursuant 
     to lawful authority; or
       ``(2) any pursuing Federal, State, or local law enforcement 
     officer who is actively assisting, or under the command of, 
     U.S. Border Patrol.
       ``(b) Penalties.--
       ``(1) In general.--Except as provided in paragraphs (2) and 
     (3), any person who commits an offense described in 
     subsection (a) shall be--
       ``(A) imprisoned for a term of not more than 2 years;
       ``(B) fined under this title; or
       ``(C) subject to the penalties described in subparagraphs 
     (A) and (B).
       ``(2) Serious bodily injury.--If serious bodily injury 
     results from the commission of an offense described in 
     subsection (a), the person committing such offense shall be--
       ``(A) imprisoned for a term of not less than 5 years and 
     not more than 20 years;
       ``(B) fined under this title; or
       ``(C) subject to the penalties described in subparagraphs 
     (A) and (B).
       ``(3) Death.--If the death of any person results from the 
     commission of an offense described in subsection (a), the 
     person committing such offense shall be--
       ``(A) imprisoned for a term of not less than 10 years and 
     up to life;
       ``(B) fined under this title; or
       ``(C) subject to the penalties described in subparagraphs 
     (A) and (B).''.
       (2) Clerical amendment.--The analysis for chapter 2 of 
     title 18, United States Code, is amended by adding at the end 
     the following:

``40B. Evading arrest or detention while operating a motor vehicle.''.
       (c) Inadmissibility, Deportability, and Ineligibility 
     Related to Evading Arrest or Detention While Operating a 
     Motor Vehicle.--
       (1) Inadmissibility.--Section 212(a)(2) of the Immigration 
     and Nationality Act (8 U.S.C. 1182(a)(2)) is amended by 
     adding at the end the following:
       ``(J) Evading arrest or detention while operating a motor 
     vehicle.--Any alien who has been convicted of, who admits 
     having committed, or who admits committing acts which 
     constitute the essential elements of a violation of section 
     40B(a) of title 18, United States Code, is inadmissible.''.
       (2) Deportability.--Section 237(a)(2) of such Act (8 U.S.C. 
     1227(a)(2)) is amended by adding at the end the following:
       ``(G) Evading arrest or detention while operating a motor 
     vehicle.--Any alien who has been convicted of, who admits 
     having committed, or who admits committing acts which 
     constitute the essential elements of a violation of section 
     40B(a) of title 18, United States Code, is deportable.''.
       (3) Ineligibility for relief.--Title II of such Act (8 
     U.S.C. 1151 et seq.) is amended by inserting after section 
     208 the following:

     ``SEC. 208A. INELIGIBILITY FOR RELIEF RELATED TO EVADING 
                   ARREST OR DETENTION WHILE OPERATING A MOTOR 
                   VEHICLE.

       ``Any alien who has been convicted of, who admits having 
     committed, or who admits committing acts which constitute the 
     essential elements of a violation of section 40B(a) of title 
     18, United States Code, shall be ineligible for relief under 
     the immigration laws, including asylum under section 208.''.
       (d) Annual Report.--The Attorney General, in conjunction 
     with the Secretary of Homeland Security, shall submit an 
     annual report to the Committee on the Judiciary of the Senate 
     and the Committee on the Judiciary of the House of 
     Representatives that--
       (1) identifies the number of people who committed a 
     violation of section 40B(a) of title 18, United States Code, 
     as added by subsection (b)(1); and
       (2) summarizes--
       (A) the number of individuals who were charged with the 
     violation referred to in paragraph (1);
       (B) the number of individuals who were apprehended but not 
     charged with such violation;
       (C) the number of individuals who committed such violation 
     but were not apprehended;
       (D) the penalties sought in the charging documents 
     pertaining to such violation; and
       (E) the penalties imposed for such violation.
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