II 110th CONGRESS 2d Session S. 3250 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.

1.

Short title

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

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). .

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,.