To require the Administrator of the Federal Motor Carrier Safety Administration to audit the issuance procedures for non-domiciled commercial driver’s licenses for each State, and for other purposes.

To require the Administrator of the Federal Motor Carrier Safety Administration to audit the issuance procedures for non-domiciled commercial driver’s licenses for each State, 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.

SEC. 2. Initial audit.

(a) In general.—Not later than 3 years after the date of enactment of this Act, the Administrator of the Federal Motor Carrier Safety Administration shall audit the issuance procedures for non-domiciled commercial driver’s licenses for each State.

(b) Requirements.—In conducting the audit required under subsection (a), the Administrator shall use a randomly selected sample of non-domiciled commercial driver’s licenses issued by a State to determine compliance with Federal laws and regulations regarding the issuance of non-domiciled commercial driver’s licenses.

(c) Contents.—In conducting the audit under subsection (a), the Administrator shall emphasize auditing non-domiciled commercial driver’s licenses illegally issued to—

(1) individuals who retained active licenses after their lawful presence in the United States expired; and

(2) individuals who were issued licenses without first verifying the individual’s lawful presence in the United States.

(d) Transmission of audit results.—Not later than 30 days after the completion of all required audits under this section, the Administrator shall transmit the audit findings and conclusions to each State and allow each State 30 days to provide comments on such findings and conclusions.

(e) Final findings and conclusions.—Not later than 90 days after the completion of all required audits under this section, the Administrator shall publish the findings and conclusions of the audits on the website of the Federal Motor Carrier Safety Administration and submit a report to Congress.

SEC. 3. Corrective measures and follow-up actions.

(a) In general.—Not later than 30 days after publishing the required audits under section 2, the Administrator shall issue preliminary determinations of substantial noncompliance with any relevant Federal laws and regulations and transmit necessary corrective measures to the States for implementation.

(b) Implementation or corrective action plan.—Not later than 60 days after receiving the corrective measures under subsection (a), States shall respond either confirming implementation or submitting a corrective action plan if such measures require additional time to carry out.

(c) Follow-Up audits.—

(1) IN GENERAL.—If, of the audited sample for each State, there exists an error rate for non-domiciled commercial driver’s license issuance of over 10 percent but less than 25 percent, the Administrator shall conduct a follow-up audit not later than 2 years after the completion of the initial audit.

(2) HIGH ERROR RATE STATES.—For any States that maintain an error rate of over 25 percent, the Administrator shall conduct follow-up audits annually for a period of 3 years.

SEC. 4. Enforcement.

(a) In general.—If a State fails to respond within the prescribed 60-day time frame under section 3(b), the Administrator shall notify such State that the Administrator will issue a final determination of substantial noncompliance within 10 days, unless the Administrator receives a response.

(b) Issuance of determination.—At the end of the 10-day period under subsection (a), if no response is received, the Administrator shall formally issue such a determination with instructions for coming back into compliance.

(c) Withholding of funds.—Upon a State receiving a final determination of substantial noncompliance under subsection (b), the Administrator shall withhold all Federal Motor Carrier Safety Administration funding from such State until such time as such State comes back into compliance.

(d) Notification of Congress.—The Administrator shall submit to Congress a notification each instance that—

(1) the Administrator issues a final determination of substantial noncompliance to a State under this section; and

(2) a State comes back into compliance with the requirements of this Act.

SEC. 5. Definitions.

(1) SUBSTANTIAL NONCOMPLIANCE.—The term “substantial noncompliance” means a substantial violation of this Act.

(2) SUBSTANTIAL VIOLATION.—The term “substantial violation” means a violation that merits action under this Act based on consideration of the following criteria by the Administrator:

(A) The number of restrictions or requirements violated.

(B) Whether the violation represents an instance of noncompliance with a substantive statutory or regulatory restriction or requirement, rather than an instance of noncompliance with a non-substantive technical or procedural requirement.

(C) The extent to which the violation is part of a pattern of noncompliance with Federal Motor Carrier Safety Administration requirements or restrictions.

(D) The extent to which the State failed to take action to cure the violation when it became aware of the violation.

(E) Whether the violation was knowing and willful.

SEC. 6. Rule of construction.