Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. MAKING IT ILLEGAL TO OPERATE A MOTOR VE-
HICLE 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 Immi-
gration and Naturalization Service authorized under sec-
tion 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 re-
fusal 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 li-
cense permitting the individual to operate a motor ve-
hicle; 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 convic-
tion 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 li-
cense permitting the individual to operate a motor ve-
hicle; 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 Na-
tionality 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 SERV-
ICE TO CONDUCT TESTS FOR A DRUG OR AL-
COHOL.
Section 287 of the Immigration and Nationality Act
(8 U.S.C. 1357) is amended by adding at the end the fol-
lowing:
‘‘(h)(1) If an officer or employee of the Service author-
ized 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 ar-
rests 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 con-
centration 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 Immi-
gration 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 regu-
larly 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 of-
fense 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 SUB-
MIT 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 au-
thorizing 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 re-
fuses to submit to a chemical or other test under sec-
tion 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 Com-
mittee of the Whole House on the State of the Union,
and ordered to be printed