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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.
2

•HR 2155 RH

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. MAKING IT ILLEGAL TO OPERATE A MOTOR VE4 HICLE WITH A DRUG OR ALCOHOL IN THE

5 BODY OF THE DRIVER AT LAND BORDER

6 PORTS OF ENTRY.

7 Section 13(a) of title 18, United States Code, is

8 amended—

9 (1) by inserting ‘‘(1)’’ after ‘‘(a)’’; and

10 (2) by adding at the end the following:

11 ‘‘(2) Whoever with a drug or alcohol in his or her body

12 operates a motor vehicle at a land border port of entry in

13 a manner that is punishable, because of the presence of the

14 drug or alcohol, if committed within the jurisdiction of the

15 State in which that land border port of entry is located

16 (under the laws of that State in force at the time of the

17 act) shall be guilty of a like offense and subject to a like

18 punishment.

19 ‘‘(3) Any individual who operates a motor vehicle at

20 a land border port of entry is deemed to have given consent

21 to submit to a chemical or other test of the blood, breath,

22 or urine of the driver by an officer or employee of the Immi23 gration and Naturalization Service authorized under sec24 tion 287(h) of the Immigration and Nationality Act (8

25 U.S.C. 1357(h)) for the purpose of determining the presence
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1 or concentration of a drug or alcohol in such blood, breath,

2 or urine.

3 ‘‘(4) If an individual refuses to submit to such a test

4 after being advised by the officer or employee that the re5 fusal will result in notification under this paragraph, the

6 Attorney General shall give notice of the refusal to—

7 ‘‘(A) the State or foreign state that issued the li8 cense permitting the individual to operate a motor ve9 hicle; or

10 ‘‘(B) if the individual has no such license, the

11 State or foreign state in which the individual is a

12 resident.

13 ‘‘(5) The Attorney General shall give notice of a convic14 tion of an individual under this section for operation of

15 a motor vehicle at a land border port of entry with a drug

16 or alcohol in the body of the individual, to—

17 ‘‘(A) the State or foreign state that issued the li18 cense permitting the individual to operate a motor ve19 hicle; or

20 ‘‘(B) if the individual has no such license, the

21 State or foreign state in which the individual is a

22 resident.

23 ‘‘(6) For purposes of this subsection, the term ‘land

24 border port of entry’ means any land border port of entry

25 (as defined in section 287(h)(3) of the Immigration and Na-
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1 tionality Act (8 U.S.C. 1357(h)(3))) that was not reserved

2 or acquired as provided in section 7 of this title.’’.

3 SEC. 2. AUTHORIZING OFFICERS AND EMPLOYEES OF THE

4 IMMIGRATION AND NATURALIZATION SERV5 ICE TO CONDUCT TESTS FOR A DRUG OR AL6 COHOL.

7 Section 287 of the Immigration and Nationality Act

8 (8 U.S.C. 1357) is amended by adding at the end the fol9 lowing:

10 ‘‘(h)(1) If an officer or employee of the Service author11 ized under regulations prescribed by the Attorney General

12 is inspecting a driver at a land border port of entry and

13 has reasonable grounds to believe that, because of alcohol

14 in the body of the driver, operation of a motor vehicle by

15 the driver is an offense under section 13 of title 18, United

16 States Code, the officer or employee may require the driver

17 to submit to a test of the breath of the driver to determine

18 the presence or concentration of the alcohol.

19 ‘‘(2) If an officer or employee of the Service authorized

20 under regulations prescribed by the Attorney General ar21 rests a driver under this section for operation of a motor

22 vehicle in violation of section 13 of title 18, United States

23 Code, because of a drug or alcohol in the body of the driver,

24 the officer or employee may require the driver to submit

25 to a chemical or other test to determine the presence or con-
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1 centration of the drug or alcohol in the blood, breath, or

2 urine of the driver.

3 ‘‘(3) For purposes of this subsection:

4 ‘‘(A) The term ‘driver’ means an individual who

5 is operating a motor vehicle at a land border port of

6 entry.

7 ‘‘(B) The term ‘land border port of entry’ means

8 any immigration checkpoint operated by the Immi9 gration and Naturalization Service at a land border

10 between a State (as that term is used in section 13

11 of title 18, United States Code) and a foreign state.’’.

12 SEC. 3. REQUIRING NOTICE AT LAND BORDER PORTS OF

13 ENTRY REGARDING OPERATION OF A MOTOR

14 VEHICLE AND DRUGS AND ALCOHOL.

15 (a) IN GENERAL.—The Immigration and Nationality

16 Act is amended by inserting after section 294 (8 U.S.C.

17 1363a) the following:

18 ‘‘NOTICE AT LAND BORDER PORTS OF ENTRY REGARDING

19 OPERATION OF A MOTOR VEHICLE AND DRUGS AND

20 ALCOHOL

21 ‘‘SEC. 295. At each point where motor vehicles regu22 larly enter a land border port of entry (as defined in section

23 287(h)(3)), the Attorney General shall post a notice that

24 operation of a motor vehicle with a drug or alcohol in the

25 body of the driver at a land border port of entry is an of26 fense under Federal law.’’.
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1 (b) CLERICAL AMENDMENT.—The first section of the

2 Immigration and Nationality Act is amended in the table

3 of contents by inserting after the item relating to section

4 294 the following:

‘‘Sec. 295. Notice at land border ports of entry regarding operation of a motor

vehicle and drugs and alcohol.’’.

5 SEC. 4. IMPOUNDMENT OF VEHICLE FOR REFUSAL TO SUB6 MIT TO TEST FOR DRUG OR ALCOHOL.

7 Not more than 180 days after the date of the enactment

8 of this Act, the Attorney General shall issue regulations au9 thorizing an officer or employee of the Immigration and

10 Naturalization Service to impound a vehicle operated at a

11 land border port of entry, if—

12 (1) the individual who operates the vehicle re13 fuses to submit to a chemical or other test under sec14 tion 13(a)(3) of title 18, United States Code; and

15 (2) the impoundment is not inconsistent with the

16 laws of the State in which the port of entry is located.

17 SEC. 5. EFFECTIVE DATE.

18 This Act shall take effect 180 days after the date of

19 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 oralcohol in the body of the driver at a land borderport 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