I
105TH CONGRESS
2D SESSION
H. R. 3858
To assure drug-free borders by increasing penalties for certain drug-related
offenses, to enhance law enforcement efforts for counterdrug activities,
and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
MAY 13, 1998
Mr. HUNTER (for himself, Mr. BILBRAY, Mr. PACKARD, Mr. REYES, and Mr.
CUNNINGHAM) introduced the following bill; which was referred to the
Committee on the Judiciary
A BILL
To assure drug-free borders by increasing penalties for cer-
tain drug-related offenses, to enhance law enforcement
efforts for counterdrug activities, and for other purposes.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Border Protection and
Infrastructure Act of 1998’’.
SEC. 2. FELONY PUNISHMENT FOR VIOLENCE COMMITTED
ALONG THE UNITED STATES BORDER.
(a) IN GENERAL.—Chapter 27 of title 18, United
States Code, is amended by adding at the end the follow-
ing:
‘‘§ 554. Violence while eluding inspection or during
violation of arrival, reporting, entry, or
clearance requirements
‘‘(a) Whoever attempts to commit or commits a crime
of violence during and in relation to—
‘‘(1) attempting to elude or eluding customs,
immigration, or agriculture inspection or failing to
stop at the command of an officer of customs, immi-
gration, or animal and plant and health inspection
services; or
‘‘(2) an intentional violation of arrival, report-
ing, entry, or clearance requirements, as set forth in
a provision of law listed in subsection (c);
shall be fined under this title or imprisoned for not more
than 5 years, or both, except that if bodily injury (as de-
fined in section 1365(g) of this title) results, the maximum
term of imprisonment is 10 years, and if death results,
the offender may be imprisoned for any term of years or
for life, and may be sentenced to death.
‘‘(b) If 2 or more persons conspire to commit an of-
fense under subsection (a), and 1 or more of such persons
Code, is amended by inserting at the end the following
new item:
‘‘554. Violence while eluding inspection or during violation of arrival, reporting,
entry, or clearance requirements.’’.
SEC. 3. INCREASED PENALTY FOR FALSE STATEMENT OF-
FENSE.
Section 542 of title 18, United States Code, is
amended by striking ‘‘two years’’ and inserting ‘‘5 years’’.
SEC. 4. SANCTIONS FOR FAILURE TO LAND OR HEAVE TO,
OBSTRUCTING A LAWFUL BOARDING, AND
PROVIDING FALSE INFORMATION.
(a) IN GENERAL.—Chapter 109 of title 18, United
States Code, is amended by adding at the end the follow-
ing:
‘‘§ 2237. Sanctions for failure to heave to; sanctions
for obstruction of boarding and providing
false information
‘‘(a)(1) It shall be unlawful for the master, operator,
or person in charge of a vessel of the United States or
a vessel subject to the jurisdiction of the United States,
to fail to obey an order to heave to that vessel on being
ordered to do so by an authorized Federal law enforcement
officer.
‘‘(2) It shall be unlawful for any person on board a
vessel of the United States or a vessel subject to the juris-
diction of the United States knowingly or willfully to—
‘‘(A) fail to comply with an order of an author-
ized Federal law enforcement officer in connection
with the boarding of the vessel;
‘‘(B) impede or obstruct a boarding or arrest,
or other law enforcement action authorized by any
Federal law; or
‘‘(C) provide false information to a Federal law
enforcement officer during a boarding of a vessel re-
garding the vessel’s destination, origin, ownership,
registration, nationality, cargo, or crew.
‘‘(3)(A) It shall be unlawful for the pilot, operator,
or person in charge of an aircraft which has crossed the
border of the United States, or an aircraft subject to the
jurisdiction of the United States operating outside the
United States, to knowingly fail to obey an order to land
by an authorized Federal law enforcement officer who is
enforcing the laws of the United States relating to con-
trolled substances, as that term is defined in section
102(6) of the Controlled Substances Act (21 U.S.C.
802(6)), or relating to money laundering (sections 1956–
57 of this title).
‘‘(B) The Administrator of the Federal Aviation Ad-
ministration, in consultation with the Commissioner of
Customs and the Attorney General, shall prescribe regula-
tions governing the means by, and circumstances under
which a Federal law enforcement officer may communicate
an order to land to a pilot, operator, or person in charge
of an aircraft. Such regulations shall ensure that any such
order is clearly communicated in accordance with applica-
ble international standards. Further, such regulations
shall establish guidelines based on observed conduct, prior
information, or other circumstances for determining when
an officer may use the authority granted under subpara-
graph (A).
‘‘(b) This section does not limit in any way the pre-
existing authority of a customs officer under section 581
of the Tariff Act of 1930 or any other provision of law
enforced or administered by the Customs Service, or the
preexisting authority of any Federal law enforcement offi-
cer under any law of the United States to order an aircraft
to land or a vessel to heave to.
‘‘(c) A foreign nation may consent or waive objection
to the enforcement of United States law by the United
States under this section by international agreement or,
on a case-by-case basis, by radio, telephone, or similar oral
or electronic means. Consent or waiver may be proven by
certification of the Secretary of State or the Secretary’s
designee.
‘‘(d) For purposes of this section—
‘‘(1) the terms ‘vessel of the United States’ and
‘vessel subject to the jurisdiction of the United
States’ have the meanings set forth for these terms,
respectively, in the Maritime Drug Law Enforcement
Act (46 App. U.S.C. 1903);
‘‘(2) the term ‘heave to’ means to cause a vessel
to slow or come to a stop to facilitate a law enforce-
ment boarding by adjusting the course and speed of
the vessel to account for the weather conditions and
sea state;
‘‘(3) an aircraft ‘subject to the jurisdiction of
the United States’ includes—
‘‘(A) an aircraft located over the United
States or the customs waters of the United
States;
‘‘(B) an aircraft located in the airspace of
a foreign nation, where that nation consents to
the enforcement of United States law by the
United States; and
‘‘(C) over the high seas, an aircraft with-
out nationality, an aircraft of United States
registry, or an aircraft registered in a foreign
nation that has consented or waived objection
to the enforcement of United States law by the
United States;
‘‘(4) an aircraft ‘without nationality’ includes—
‘‘(A) an aircraft aboard which the pilot,
operator, or person in charge makes a claim of
registry, which claim is denied by the nation
whose registry is claimed; and
‘‘(B) an aircraft aboard which the pilot,
operator, or person in charge fails, upon re-
quest of an officer of the United States empow-
ered to enforce applicable provisions of United
States law, to make a claim of registry for that
aircraft; and
‘‘(5) the term ‘Federal law enforcement officer’
has the meaning set forth in section 115 of this title.
‘‘(e) Whoever intentionally violates this section shall
be fined under this title or imprisoned for not more than
5 years, or both.
‘‘(f) An aircraft or vessel that is used in violation of
this section may be seized and forfeited to the United
States. The laws relating to the seizure, summary and ju-
dicial forfeiture, and condemnation of property for viola-
tion of the customs laws, the disposition of such property
or the proceeds from the sale thereof, the remission or
mitigation of such forfeitures, and the compromise of
claims, shall apply to seizures and forfeitures undertaken,
or alleged to have been undertaken, under any of the pro-
visions of this section; except that such duties as are im-
posed upon the customs officer or any other person with
respect to the seizure and forfeiture of property under the
customs laws shall be performed with respect to seizures
and forfeitures of property under this section by such offi-
cers, agents, or other persons as may be authorized or des-
ignated for that purpose. An aircraft or vessel that is used
in violation of this section is also liable in rem for any
fine imposed under this section.’’.
(b) CLERICAL AMENDMENT.—The table of sections
at the beginning of chapter 109 of title 18, United States
Code, is amended by adding at the end the following new
item:
‘‘2237. Sanctions for failure to heave to; sanctions for obstruction of boarding
or providing false information.’’.
SEC. 5. CIVIL PENALTIES TO SUPPORT MARITIME LAW EN-
FORCEMENT.
(a) IN GENERAL.—Chapter 17 of title 14, United
States Code, is amended by adding at the end the follow-
ing new section:
‘‘§ 676. Civil penalty for failure to comply with vessel
boarding
‘‘(a) Any person that engages in conduct that violates
section 2237(a) (1) or (2) of title 18, United States Code,
shall be liable to the United States Government—
‘‘(1) for a civil penalty of not more than
$25,000, in the case of an intentional violation; or
‘‘(2) for a civil penalty of not more than
$15,000, in the case of any other violation.
‘‘(b) A vessel used to engage in conduct for which
a penalty is imposed under subsection (a) is liable in rem
for that penalty and may be seized, forfeited, and sold in
accordance with customs laws.’’.
(b) CLERICAL AMENDMENT.—The table of sections
at the beginning of chapter 17 of title 14, United States
Code, is amended by adding at the end the following new
item:
‘‘676. Civil penalty for failure to comply with vessel boarding.’’.
SEC. 6. INCREASED NUMBER OF BORDER PATROL AGENTS.
Section 101(a) of the Illegal Immigration Reform and
Immigrant Responsibility Act of 1996 (Public Law 104–
208; 110 Stat. 3009–553) is amended to read as follows:
‘‘(a) INCREASED NUMBER
OF BORDER PATROL
AGENTS.—The Attorney General shall increase the num-
ber of positions for full-time, active-duty border patrol
agents within the Immigration and Naturalization Service
to achieve a level of 20,000 positions by fiscal year 2003.’’.
SEC. 7. BORDER PATROL PURSUIT POLICY.
Within ten miles of the international border of the
United States, a border patrol agent of the United States
Border Patrol may not cease pursuit of an alien who the
agent suspects has unlawfully entered the United States,
or an individual who the agent suspects has unlawfully im-
ported a narcotic into the United States, until State or
local law enforcement authorities are in pursuit of the
alien or individual and have the alien or individual in their
visual range.
SEC. 8. AUTHORIZATION FOR BORDER PATROL TO INTER-
DICT THE IMPORTATION OF NARCOTICS.
The United States Border Patrol within the Depart-
ment of Justice shall have as one of it functions the pre-
vention of unlawful importation of narcotics into the
United States and confiscation of such narcotics.
SEC. 9. CONSTRUCTION OF BARRIERS AND ROADS TO
DETER DRUG TRAFFICKING.
(a) IN GENERAL.—(1) The Attorney General, in con-
sultation with the Commissioner of Immigration and Nat-
uralization, may take such actions as necessary (including
the removal of obstacles to the detection of illegal entrants
into the United States) to install multilayered barriers and
roads in the vicinity of the United States border for the
purpose of deterring drug trafficking in areas of high drug
trafficking into the United States. In determining the lo-
cations for such multilayered barriers and roads, the At-
torney General shall consider, but not limit consideration
to, the following sites:
(A) The San Diego-Tijuana corridor.
(B) The Calexico-Mexicali corridor.
(C) The Yuma-San Luis corridor.
(D) The Douglas-Nogales corridor.
(E) The El Paso-Juarez corridor.
(F) The Presidio-Ojinaga corridor.
(G) The Del Rio-Acuna corridor.
(H) The Eagle Pass-Piedras Negras corridor.
(I) The Laredo-Nueva Laredo corridor.
(J) The Rio Grand City-Roma corridor.
(K) The McAllen corridor.
(L) The Brownsville-Matamoras corridor.
(2) The Attorney General, acting under the authority
contained in section 103(b) of the Immigration and Na-
tionality Act, shall promptly acquire such easements as
may be necessary to carry out this section and shall com-
mence construction of multilayered barriers and roads im-
mediately following such acquisition (or conclusion of por-
tions thereof).
(3) The Attorney General, while constructing multi-
layered barriers and roads under this section, shall incor-
porate such safety features into the design of the multi-
layered barriers and roads as are necessary to ensure the
well being of border patrol agents deployed within, or in
near proximity to, the system.
(b) AUTHORIZATION
OF APPROPRIATIONS.—There
are authorized to be appropriated such sums as may be
necessary to carry out this section. Amounts appropriated
pursuant to this subsection shall remain available until
expended.
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