STOP Improper Licensing Act

Full Title:
STOP Improper Licensing Act

Summary#

This bill requires the Administrator of the Federal Motor Carrier Safety Administration (FMCSA) to audit how each State issues non-domiciled commercial driver's licenses (CDLs). The audits must be completed within 3 years and use a randomly selected sample of non-domiciled CDLs to check compliance with federal laws and rules. Audits will focus on licenses issued to people who kept active licenses after their lawful presence expired and on licenses issued without first verifying lawful presence. The FMCSA must send findings to each State within 30 days after finishing the audits, allow 30 days for State comments, publish final findings on the FMCSA website, and submit a report to Congress within 90 days.

The Administrator must issue preliminary determinations of substantial noncompliance and required corrective measures within 30 days after publishing audits. States have 60 days to confirm they will implement the measures or to submit a corrective action plan. If a State's audited error rate is over 10% but under 25%, the FMCSA will do a follow-up audit within 2 years; if the error rate is over 25%, follow-up audits must occur every year for 3 years. If a State does not respond within 60 days, the FMCSA will warn the State and may issue a final determination after 10 days. When a final determination of substantial noncompliance is issued, the FMCSA must withhold all FMCSA funding to that State until it returns to compliance. The Administrator must notify Congress each time a final determination is issued and when a State comes back into compliance. The bill defines "substantial noncompliance" and related terms and says the Administrator may conduct other audits at any time.

What it means for you#

  • If you are a non-domiciled commercial driver, this bill could lead to audits of how your CDL was issued.
  • If you are a State official, your State must respond to audit findings, implement corrective measures, or submit a corrective plan, or risk having FMCSA funds withheld.
  • If you work for or rely on commercial carriers, the bill may lead to changes in State licensing practices after audits and corrective actions are carried out.

Expenses#

No publicly available information about cost estimates or budgetary effects is included in the bill text. The bill does authorize withholding FMCSA funding from States found in substantial noncompliance. The bill also requires States to respond to findings and implement corrective actions or plans, which could require State administrative work, but the bill does not provide cost figures.

Proponents' View#

The bill directs audits and follow-up actions focused on improper issuance of non-domiciled CDLs and sets timelines and penalties to correct problems. Supporters would say it strengthens oversight to ensure States verify lawful presence and follow federal requirements when issuing non-domiciled commercial driver's licenses.

Opponents' View#

No publicly available information.