II 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Putting the Brakes 

5 on Human Smuggling Act’’. 


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1 SEC. 2. DISQUALIFICATION FROM OPERATING COMMER2 CIAL MOTOR VEHICLE BY THE SECRETARY 

3 OF TRANSPORTATION. 

4 (a) FIRST VIOLATION.—Paragraph (1) of section 

5 31310(b) of title 49, United States Code, is amended— 

6 (1) in subparagraph (D), by striking the ‘‘or’’ 

7 at the end; 

8 (2) in subparagraph (E), by striking the period 

9 at the end and inserting a semicolon and ‘‘or’’; and 

10 (3) by adding at the end the following: 

11 ‘‘(F) using a commercial motor vehicle in will12 fully aiding or abetting an alien’s illegal entry into 

13 the United States by transporting, guiding, direct14 ing, or attempting to assist the alien with the alien’s 

15 entry in violation of section 275 of the Immigration 

16 and Nationality Act (8 U.S.C. 1325), regardless of 

17 whether the alien is ultimately fined or imprisoned 

18 for an act in violation of such section.’’. 

19 (b) SECOND OR MULTIPLE VIOLATIONS.—Paragraph 

20 (1) of section 31310(c) of title 49, United States Code, 

21 is amended— 

22 (1) in subparagraph (E), by striking the ‘‘or’’ 

23 at the end; 

24 (2) by redesignating subparagraph (F) as sub25 paragraph (G); 


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1 (3) in subparagraph (G), as so redesignated, by 

2 striking ‘‘(E)’’ and inserting ‘‘(F)’’; and 

3 (4) by inserting after subparagraph (E) the fol4 lowing: 

5 ‘‘(F) using a commercial motor vehicle on more 

6 than one occasion in willfully aiding or abetting an 

7 alien’s illegal entry into the United States by trans8 porting, guiding, directing and attempting to assist 

9 the alien with alien’s entry in violation of section 

10 275 of the Immigration and Nationality Act (8 

11 U.S.C. 1325), regardless of whether the alien is ulti12 mately fined or imprisoned for an act in violation of 

13 such section.’’. 

14 (c) LIFETIME DISQUALIFICATION.—Subsection (d) of 

15 section 31310 of title 49, United States Code, is amended 

16 to read as follows: 

17 ‘‘(d) LIFETIME DISQUALIFICATION.—The Secretary 

18 shall disqualify from operating a commercial motor vehicle 

19 for life an individual who uses a commercial motor vehi20 cle— 

21 ‘‘(1) in committing a felony involving manufac22 turing, distributing, or dispensing a controlled sub23 stance, or possessing with the intent to manufacture, 

24 distribute, or dispense a controlled substance; or 


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1 ‘‘(2) in committing an act for which the indi2 vidual is convicted under— 

3 ‘‘(A) section 274 of the Immigration and 

4 Nationality Act (8 U.S.C. 1324); or 

5 ‘‘(B) section 277 of such Act (8 U.S.C. 

6 1327).’’. 

7 SEC. 3. REPORTING REQUIREMENTS. 

8 (a) COMMERCIAL DRIVER’S LICENSE INFORMATION

9 SYSTEM.—Paragraph (1) of section 31309(b) of title 49, 

10 United States Code, is amended— 

11 (1) in subparagraph (E), by striking ‘‘and’’ at 

12 the end; 

13 (2) in subparagraph (F), by striking the period 

14 at the end and inserting a semicolon and ‘‘and’’; and 

15 (3) by adding at the end the following new sub16 paragraph: 

17 ‘‘(G) whether the operator was disqualified, ei18 ther temporarily or for life, from operating a com19 mercial motor vehicle under section 31310, including 

20 under subsection (b)(1)(F), (c)(1)(F), or (d) of such 

21 section.’’. 

22 (b) NOTIFICATION BY THE STATE.—Paragraph (8) 

23 of section 31311(a) of title 49, United States Code, is 

24 amended by inserting ‘‘including such a disqualification, 

25 revocation, suspension, or cancellation made pursuant to 


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1 a disqualification under subsection (b)(1)(F), (c)(1)(F), or 

2 (d) of section 31310,’’ after ‘‘60 days,’’. 

Æ 


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