Prohibition on issuance of CDLs to individuals who are not citizens or lawful permanent residents of the United States or holders of certain work visas

(a)

Definitions

In this section:(1)

Commercial driver’s license

The term commercial driver’s license has the meaning given the term in section 31301 of title 49, United States Code.(2)

Commercial motor vehicle

The term commercial motor vehicle has the meaning given the term in section 31301 of title 49, United States Code.(3)

Covered examination

The term covered examination means any test or examination relating to the issuance or renewal of a covered license or authorization, including—(A)a commercial driver’s license knowledge test;(B)a commercial driver’s license skills test; and(C)any other test or examination required to acquire, maintain, or upgrade a covered license or authorization.(4)

Covered funding

The term covered funding, with respect to a State, means any funding that is authorized to be provided by the Secretary to that State, or for a project or activity carried out in that State, under any provision of Federal law (including regulations).(5)

Covered license or authorization

The term covered license or authorization means—(A)a commercial driver’s license, including a non-domiciled commercial driver’s license; and(B)any other license or authorization issued by a State authorizing an individual to operate a commercial motor vehicle.(6)

Non-domiciled commercial driver’s license

The term non-domiciled commercial driver’s license means a commercial driver’s license issued by a State or other jurisdiction to an individual who is not domiciled in that State or jurisdiction, in accordance with part 383 of title 49, Code of Federal Regulations (or successor regulations).(b)

Prohibition

Section 31311(a)(12) of title 49, United States Code, is amended—(1)in subparagraph (A)—(A)by striking who operates and inserting the following: “who—

(i)operates

;

(B)in clause (i) (as so designated), by striking vehicle and is and inserting the following: “vehicle;

(ii)is

; and

(C)in clause (ii) (as so designated), by striking State. and inserting the following: “State; and

(iii)is a citizen or lawful permanent resident of the United States.

;

(2)in subparagraph (B)—(A)in clause (i), by striking and at the end;(B)in clause (ii), by striking the period at the end and inserting ; and; and(C)by adding at the end the following:

(iii)(I)is a citizen or lawful permanent resident of the United States; or(II)is a nonimmigrant described in subparagraph (E)(ii), (H)(ii)(a), or (H)(ii)(b) of section 101(a)(15) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)) and is in possession of a valid, unexpired nonimmigrant visa issued to the individual pursuant to any such subparagraph.

; and

(3)in subparagraph (C)—(A)in clause (ii)(II), by striking and at the end;(B)in clause (iii), by striking the period at the end and inserting ; and; and(C)by adding at the end the following:

(iv)(I)is a citizen or lawful permanent resident of the United States; or(II)is a nonimmigrant described in subparagraph (E)(ii), (H)(ii)(a), or (H)(ii)(b) of section 101(a)(15) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)) and is in possession of a valid, unexpired nonimmigrant visa issued to the individual pursuant to any such subparagraph.

(c)

Disqualifications

Section 31310 of title 49, United States Code, is amended—(1)in subsection (d)(2)—(A)by striking paragraph (9) of; and(B)by striking 7102(9) and inserting 7102; and(2)by adding at the end the following:

(l)

Disqualification based on lack of citizenship, lawful permanent residence, or work visa status

The Secretary shall disqualify from operating a commercial motor vehicle for life an individual who operates a commercial motor vehicle in the United States while that individual is not a citizen or lawful permanent resident of the United States or a nonimmigrant described in subparagraph (E)(ii), (H)(ii)(a), or (H)(ii)(b) of section 101(a)(15) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)) in possession of a valid, unexpired nonimmigrant visa issued to the individual pursuant to any such subparagraph, unless such individual—(1)is operating a commercial motor vehicle as a nonimmigrant described in subparagraph (B) of that section and is in possession of a valid, unexpired nonimmigrant visa issued to the individual pursuant to that subparagraph; or(2)holds a valid travel authorization pursuant to section 217.5 of title 8, Code of Federal Regulations (or any successor regulation), and possesses a valid, unexpired admission record pursuant to section 1302 of title 8, United States Code.

(d)

Recertification

To avoid the withholding of covered funding under paragraphs (1) and (2) of subsection (e), a State shall—(1)require all individuals who, as of the date of enactment of this Act, hold a covered license or authorization issued by the State to be recertified for that covered license or authorization not later than 180 days after the date of enactment of this Act, which recertification shall include verification that the individual—(A)is—(i)a citizen or lawful permanent resident of the United States; or(ii)a nonimmigrant described in subparagraph (E)(ii), (H)(ii)(a), or (H)(ii)(b) of section 101(a)(15) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)) in possession of a valid, unexpired nonimmigrant visa issued to the individual pursuant to any such subparagraph;(B)is proficient in the English language, as described in section 391.11(b)(2) of title 49, Code of Federal Regulations (as in effect on the date of enactment of this Act); and(C)has passed all covered examinations relating to the covered license or authorization in English; and(2)revoke the covered license or authorization of any individual who—(A)fails to recertify by the deadline described in paragraph (1); or(B)on recertification under that paragraph, is found—(i)to be neither—(I)a citizen or lawful permanent resident of the United States; or(II)a nonimmigrant described in subparagraph (E)(ii), (H)(ii)(a), or (H)(ii)(b) of section 101(a)(15) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)) in possession of a valid, unexpired nonimmigrant visa issued to the individual pursuant to any such subparagraph;(ii)not to be proficient in the English language, as described in section 391.11(b)(2) of title 49, Code of Federal Regulations (as in effect on the date of enactment of this Act); or(iii)not to have passed all covered examinations relating to the covered license or authorization in English.(e)

Withholding of covered funding

(1)

Withholding for recertification failure

Notwithstanding any other provision of law, beginning with the first fiscal year beginning after the deadline for recertifications under subsection (d)(1), the Secretary shall withhold all covered funding from a State that fails to complete those recertifications by that deadline.(2)

Withholding for revocation failure

Witholding for status verification failure

Notwithstanding any other provision of law, beginning with the first fiscal year beginning after the date of enactment of this Act, the Secretary shall withhold all covered funding from a State that, after that date of enactment, issues covered licenses or authorizations to individuals who are neither—(A)citizens or lawful permanent residents of the United States; or(B)nonimmigrants described in subparagraph (E)(ii), (H)(ii)(a), or (H)(ii)(b) of section 101(a)(15) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)) in possession of a valid, unexpired nonimmigrant visa issued to such individuals pursuant to any such subparagraph.(4)

Witholding for English proficiency verification failure

Notwithstanding any other provision of law, beginning with the first fiscal year beginning after the date of enactment of this Act, the Secretary shall withhold all covered funding from a State that, after that date of enactment—(A)issues covered licenses or authorizations to individuals who are not proficient in the English language, as described in section 391.11(b)(2) of title 49, Code of Federal Regulations (or a successor regulation); or(B)administers any covered examination in any language other than English.