[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[S. 3250 Introduced in Senate (IS)]







110th CONGRESS
  2d Session
                                S. 3250

 To disqualify any individual who engages in or is convicted of human 
   smuggling from operating a commercial motor vehicle or holding a 
          commercial driver's license and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                July 10 (legislative day, July 9), 2008

  Mr. Cornyn introduced the following bill; which was read twice and 
   referred to the Committee on Commerce, Science, and Transportation

_______________________________________________________________________

                                 A BILL


 
 To disqualify any individual who engages in or is convicted of human 
   smuggling from operating a commercial motor vehicle or holding a 
          commercial driver's license and for other purposes.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Putting the Brakes on Human 
Smuggling Act''.

SEC. 2. DISQUALIFICATION FROM OPERATING COMMERCIAL MOTOR VEHICLE BY THE 
              SECRETARY OF TRANSPORTATION.

    (a) First Violation.--Paragraph (1) of section 31310(b) of title 
49, United States Code, is amended--
            (1) in subparagraph (D), by striking the ``or'' at the end;
            (2) in subparagraph (E), by striking the period at the end 
        and inserting a semicolon and ``or''; and
            (3) by adding at the end the following:
            ``(F) using a commercial motor vehicle in willfully aiding 
        or abetting an alien's illegal entry into the United States by 
        transporting, guiding, directing, or attempting to assist the 
        alien with the alien's entry in violation of section 275 of the 
        Immigration and Nationality Act (8 U.S.C. 1325), regardless of 
        whether the alien is ultimately fined or imprisoned for an act 
        in violation of such section.''.
    (b) Second or Multiple Violations.--Paragraph (1) of section 
31310(c) of title 49, United States Code, is amended--
            (1) in subparagraph (E), by striking the ``or'' at the end;
            (2) by redesignating subparagraph (F) as subparagraph (G);
            (3) in subparagraph (G), as so redesignated, by striking 
        ``(E)'' and inserting ``(F)''; and
            (4) by inserting after subparagraph (E) the following:
            ``(F) using a commercial motor vehicle on more than one 
        occasion in willfully aiding or abetting an alien's illegal 
        entry into the United States by transporting, guiding, 
        directing and attempting to assist the alien with alien's entry 
        in violation of section 275 of the Immigration and Nationality 
        Act (8 U.S.C. 1325), regardless of whether the alien is 
        ultimately fined or imprisoned for an act in violation of such 
        section.''.
    (c) Lifetime Disqualification.--Subsection (d) of section 31310 of 
title 49, United States Code, is amended to read as follows:
    ``(d) Lifetime Disqualification.--The Secretary shall disqualify 
from operating a commercial motor vehicle for life an individual who 
uses a commercial motor vehicle--
            ``(1) in committing a felony involving manufacturing, 
        distributing, or dispensing a controlled substance, or 
        possessing with the intent to manufacture, distribute, or 
        dispense a controlled substance; or
            ``(2) in committing an act for which the individual is 
        convicted under--
                    ``(A) section 274 of the Immigration and 
                Nationality Act (8 U.S.C. 1324); or
                    ``(B) section 277 of such Act (8 U.S.C. 1327).''.

SEC. 3. REPORTING REQUIREMENTS.

    (a) Commercial Driver's License Information System.--Paragraph (1) 
of section 31309(b) of title 49, United States Code, is amended--
            (1) in subparagraph (E), by striking ``and'' at the end;
            (2) in subparagraph (F), by striking the period at the end 
        and inserting a semicolon and ``and''; and
            (3) by adding at the end the following new subparagraph:
            ``(G) whether the operator was disqualified, either 
        temporarily or for life, from operating a commercial motor 
        vehicle under section 31310, including under subsection 
        (b)(1)(F), (c)(1)(F), or (d) of such section.''.
    (b) Notification by the State.--Paragraph (8) of section 31311(a) 
of title 49, United States Code, is amended by inserting ``including 
such a disqualification, revocation, suspension, or cancellation made 
pursuant to a disqualification under subsection (b)(1)(F), (c)(1)(F), 
or (d) of section 31310,'' after ``60 days,''.
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