text: 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 following:
  ``Sec. 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, immigration, or animal and plant and 
          health inspection services; or
              ``(2) an intentional violation of arrival, reporting, 
          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 defined 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 offense under 
  subsection (a), and 1 or more of such persons do any act to effect the 
  object of the conspiracy, each shall be punishable as a principal, 
  except that the sentence of death may not be imposed.
      ``(c) The provisions of law referred to in subsection (a) are--
              ``(1) section 107 of the Federal Plant Pest Act (7 U.S.C. 
          150ff);
              ``(2) section 7 of the Federal Noxious Weed Act of 1974 (7 
          U.S.C. 2806);
              ``(3) section 431, 433, 434, or 459 of the Tariff Act of 
          1930 (19 U.S.C. 1431, 1433, 1434, 1459);
              ``(4) section 6 of the Act of August 30, 1890 (21 U.S.C. 
          105; Chapter 839, 26 Stat. 416);
              ``(5) section 2 of the Act of February 2, 1903 (21 U.S.C. 
          111; Chapter 349, 32 Stat. 791);
              ``(6) section 231, 232, 234, 235, 236, 237, or 238 of the 
          Immigration and Nationality Act (8 U.S.C. 1221, 1222, 1224, 
          1225, 1226, 1227, 1228); or
              ``(7) section 4197 of the Revised Statutes of the United 
          States (46 U.S.C. App. 91), section 111 of title 21, United 
          States Code.''.
      (b) Clerical Amendment.--The table of sections at the beginning of 
  chapter 27 of title 18, United States 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 OFFENSE.
  
      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 following:
  ``Sec. 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 jurisdiction of the United 
  States knowingly or willfully to--
              ``(A) fail to comply with an order of an authorized 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 regarding 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 controlled 
  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 Administration, in 
  consultation with the Commissioner of Customs and the Attorney General, 
  shall prescribe regulations 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 applicable 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 subparagraph (A).
      ``(b) This section does not limit in any way the preexisting 
  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 officer 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 enforcement 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 without 
                  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 request of an officer 
                  of the United States empowered 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 judicial forfeiture, and 
  condemnation of property for violation 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 provisions of this section; 
  except that such duties as are imposed 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 officers, agents, or 
  other persons as may be authorized or designated 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 ENFORCEMENT.
  
      (a) In General.--Chapter 17 of title 14, United States Code, is 
  amended by adding at the end the following new section:
  ``Sec. 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 number 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 
  imported 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 INTERDICT THE IMPORTATION OF 
                NARCOTICS.
  
      The United States Border Patrol within the Department of Justice 
  shall have as one of it functions the prevention 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 consultation with the 
  Commissioner of Immigration and Naturalization, 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 locations for such 
  multilayered barriers and roads, the Attorney 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 Nationality Act, shall promptly 
  acquire such easements as may be necessary to carry out this section 
  and shall commence construction of multilayered barriers and roads 
  immediately following such acquisition (or conclusion of portions 
  thereof).
      (3) The Attorney General, while constructing multilayered barriers 
  and roads under this section, shall incorporate such safety features 
  into the design of the multilayered 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.
target: Border Protection and Infrastructure Act of 1998 - Amends the Federal criminal code to prohibit and set penalties for committing (or attempting to commit) a crime of violence during and in relation to: (1) eluding customs, immigration, or agriculture inspection or failing to stop at the command of an officer of customs, immigration, or animal and plant and health inspection services; or (2) an intentional violation of specified arrival, reporting, entry, or clearance requirements (provides for imposition of a death sentence if death results). 
  Specifies that if two or more persons conspire to commit such an offense, and one or more of such persons do any act to effect the object of the conspiracy, each shall be punishable as a principal, except that the death sentence may not be imposed. 
  (Sec. 3) Increases the penalty for entry of goods by means of false statements. 
  (Sec. 4) Prohibits the master, operator, or person in charge of a vessel of, or subject to the jurisdiction of, the United States from failing to obey an order to heave to that vessel upon being ordered to do so by an authorized Federal law enforcement officer.  Prohibits any person on board from knowingly or willfully:  (1) failing to comply with an order of such an officer in connection with the boarding of the vessel; (2) impeding or obstructing a boarding, arrest, or other law enforcement action authorized by Federal law; or (3) providing false information to such an officer during a boarding regarding the vessel's destination, origin, ownership, registration, nationality, cargo, or crew. 
  Prohibits the pilot, operator, or person in charge of an aircraft which has crossed the U.S. border, or an aircraft subject to U.S. jurisdiction operating outside the United States, from knowingly failing to obey an order to land by such an officer who is enforcing U.S. laws relating to controlled substances or money laundering. 
  Directs the Administrator of the Federal Aviation Administration to prescribe regulations governing the means by, and circumstances under which, such an officer may communicate an order to land. 
  Authorizes a foreign nation to consent or waive objection to such enforcement of U.S. law by the United States by international agreement or, on a case-by-case basis, by radio, telephone, or similar oral or electronic means. 
  Sets penalties for intentional violations.  Authorizes seizure and forfeiture to the United States of an aircraft or vessel used in violations. 
  (Sec. 5) Establishes civil penalties for failure to comply with vessel boarding. 
  (Sec. 6) Directs the Attorney General to increase the number 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 FY 2003. 
  (Sec. 7) Prohibits a U.S. Border Patrol agent, within ten miles of the U.S. international border, from ceasing pursuit of an alien suspecting of unlawfully entering the United States, or of an individual suspected of unlawfully importing 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) Authorizes:  (1) the Border Patrol to interdict the importation of narcotics; and (2) the Attorney General to install multi-layered barriers and roads in the U.S. border vicinity to deter drug trafficking in high drug trafficking areas.  Authorizes appropriations.
feat_title: Border Protection and Infrastructure Act of 1998