[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 4317 Introduced in Senate (IS)]
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119th CONGRESS
2d Session
S. 4317
To amend title 23, United States Code, to withhold Federal highway
funding from States that issue driver's licenses, commercial driver's
licenses, or personal identification cards to individuals without
verifying the legal status of those individuals, and for other
purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
April 16 (legislative day, April 14), 2026
Mr. Barrasso (for himself, Mr. Cornyn, Ms. Lummis, and Mr. Scott of
South Carolina) introduced the following bill; which was read twice and
referred to the Committee on Environment and Public Works
_______________________________________________________________________
A BILL
To amend title 23, United States Code, to withhold Federal highway
funding from States that issue driver's licenses, commercial driver's
licenses, or personal identification cards to individuals without
verifying the legal status of those individuals, 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 ``No Licenses for Illegal Drivers or
Truckers Act of 2026''.
SEC. 2. PRESERVING THE INTEGRITY OF STATE-ISSUED DRIVER'S LICENSES,
COMMERCIAL DRIVER'S LICENSES, AND PERSONAL IDENTIFICATION
CARDS.
(a) In General.--Chapter 1 of title 23, United States Code, is
amended by inserting after section 154 the following:
``Sec. 155. Preserving the integrity of State-issued driver's licenses,
commercial driver's licenses, and personal identification
cards
``(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.
``(2) Driver's license.--The term `driver's license' means
a motor vehicle operator's license (as defined in section 30301
of title 49).
``(3) Evidence of lawful presence.--The term `evidence of
lawful presence' means valid, unexpired documentary evidence
issued by the Secretary of Homeland Security that a person is--
``(A) a citizen or national of the United States;
or
``(B) an alien lawfully admitted for permanent
residence (as those terms are defined in section 101(a)
of the Immigration and Nationality Act (8 U.S.C.
1101(a))).
``(4) Personal identification card.--The term `personal
identification card' means an identification document (as
defined in section 1028(d) of title 18) issued by a State.
``(b) Withholding of Funds for Noncompliance.--
``(1) In general.--On October 1, 2026, and each October 1
thereafter, the Secretary shall withhold from a State 10
percent of the amounts required to be apportioned to the State
under paragraphs (1) through (8) of section 104(b) for a fiscal
year if that State does not have in effect and is enforcing a
law that meets the requirements described in subsection (e).
``(2) Duration.--If, before the last day of the fiscal year
for which funds are withheld under this section, the Secretary
determines that the State is in compliance with this section,
the Secretary shall, on the first day on which the Secretary
makes that determination, apportion to the State the funds
withheld from that State for that fiscal year under this
section.
``(c) Redistribution of Withheld Funds.--On the first October 1
after a fiscal year for which amounts were withheld from a State under
this section, the Secretary shall redistribute those amounts to States
that are in compliance with this section so that each State in
compliance with this section receives an amount equal to the proportion
that--
``(1) the amount apportioned to the State under section
104(b); bears to
``(2) the total amount apportioned to all States in
compliance with this section under section 104(b).
``(d) Effect of Withholding.--Except as provided in subsection (b),
no funds withheld under this section from apportionment to a State
shall be available to a State.
``(e) Law To Require and Verify Lawful Presence.--
``(1) In general.--A State shall be in compliance with this
section if the State has in effect and is enforcing a law to
require and subsequently verify evidence of lawful presence
from each applicant for a driver's license, commercial driver's
license, or personal identification card issued by the State.
``(2) Requirement.--A law referred to in paragraph (1)
shall employ a means approved by the Secretary of Homeland
Security--
``(A) to confirm the identity of an applicant for a
driver's license, commercial driver's license, or
personal identification card through electronic
validation of biographic and biometric information,
including the name, photograph, and fingerprints of the
applicant;
``(B) to confirm the validity of the lawful
presence of an applicant described in subparagraph (A),
including whether the applicant has lawfully maintained
that lawful presence, through the results of background
and security checks, including fingerprint checks by
the Federal Bureau of Investigation; and
``(C) to verify the authenticity of the evidence of
lawful presence provided by an applicant described in
subparagraph (A), which shall include an identity
document containing a photograph, by confirming the
social security number or individual taxpayer
identification number of the applicant with, as
applicable--
``(i) the Internal Revenue Service;
``(ii) the Social Security Administration;
or
``(iii) the Systematic Alien Verification
for Entitlements program of U.S. Citizenship
and Immigration Services.
``(f) REAL ID Act of 2005.--Nothing in this section affects any
State requirement under title II of the REAL ID Act of 2005 (49 U.S.C.
30301 note; Public Law 109-13).''.
(b) Clerical Amendment.--The analysis for chapter 1 of title 23,
United States Code, is amended by inserting after the item relating to
section 154 the following:
``155. Preserving the integrity of State-issued driver's licenses,
commercial driver's licenses, and personal
identification cards.''.
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