H.R. 10123 — STOP Improper Licensing Act

This section directs the Administrator of the Federal Motor Carrier Safety Administration to audit, within 3 years of enactment, the issuance procedures for non-domiciled commercial driver’s licenses in each State. It requires use of a random sample to assess compliance with federal requirements, with emphasis on licenses issued to individuals whose lawful presence expired or without verification of lawful presence; transmission of findings to states for comment within 30 days; and publication of results on the agency website with a report to Congress within 90 days.

This section requires the Administrator to issue preliminary determinations of substantial noncompliance with Federal laws and transmit corrective measures to States within 30 days after publishing audits. It requires States to respond within 60 days by confirming implementation or submitting a corrective action plan. It mandates a follow-up audit within 2 years for States with error rates for non-domiciled commercial driver’s license issuance between 10 and 25 percent, and annual follow-up audits for 3 years for States with error rates over 25 percent.

This section directs the Administrator to notify a State of an impending final determination of substantial noncompliance if the State fails to respond within 60 days under section 3(b), and to issue the determination after an additional 10 days without response. It requires withholding all Federal Motor Carrier Safety Administration funding from noncompliant States until compliance is restored and mandates notification to Congress upon each issuance of a determination and each restoration of compliance.

This section establishes definitions for the Act. It defines “substantial noncompliance” as a substantial violation of the Act. It further defines “substantial violation” as a violation that merits action based on the Administrator’s consideration of the number of restrictions violated, whether the violation is substantive rather than technical or procedural, the extent of any pattern of noncompliance, the State’s failure to cure the violation, and whether the violation was knowing and willful.