STOP Improper Licensing Act
- Sponsor
- Rep. Hageman, Harriet M. [R-WY-At Large]
- Committees
- Transportation and Infrastructure Committee (primary)
- Last action
- Sep 14, 2026
Bottom line
The STOP Improper Licensing Act requires federal audits of state non-domiciled CDL issuance, focusing on immigration status verification, with financial penalties for states that fail to comply.
What it actually does
This bill mandates the Federal Motor Carrier Safety Administration (FMCSA) to conduct audits of each state's procedures for issuing non-domiciled commercial driver's licenses (CDLs). The audits will specifically focus on verifying the lawful presence of individuals and identifying licenses issued to those whose lawful presence has expired. States found in substantial noncompliance face corrective measures and potential withholding of FMCSA funding.
Proponents argue
Proponents argue that this bill is crucial for enhancing national security and improving road safety by preventing individuals who lack lawful presence in the United States from obtaining or retaining commercial driver's licenses. They contend it will close loopholes, prevent fraud, and ensure the integrity of the commercial transportation system, thereby protecting the public and upholding immigration laws.
Opponents contend
Opponents might argue that this bill represents an unnecessary federal overreach into state licensing authority, imposing significant administrative and financial burdens on states. They could contend that states already have robust verification processes and that the proposed audits and funding withholdings could disrupt essential state transportation safety programs without a clear demonstration of widespread non-compliance.
The bill is short and clearly written, making it highly accessible for any informed reader to understand its provisions and implications within a short timeframe.
Section 2
Initial Audit of Non-Domiciled Commercial Driver's License Issuance
This section requires the Federal Motor Carrier Safety Administration (FMCSA) to audit, within three years, every state's process for issuing non-domiciled commercial driver's licenses (CDLs). The audit will use a random sample to check compliance with federal laws, specifically targeting licenses issued to individuals who either retained active licenses after their lawful presence expired or received licenses without proper verification of lawful presence.
Supporters argue
Supporters argue that this audit is essential to identify and rectify vulnerabilities in the CDL issuance process, ensuring that only individuals with lawful presence operate commercial vehicles. This enhances national security, prevents identity fraud, and improves overall road safety by ensuring all drivers meet federal standards.
Critics contend
Critics may contend that a nationwide audit is an extensive and potentially costly undertaking for FMCSA and states, possibly duplicating existing state-level verification efforts. They might argue it could lead to administrative backlogs or wrongful denials if not implemented carefully, without clear evidence of widespread systemic failure.
Tradeoffs
The provision balances the federal interest in national security and uniform standards with states' traditional authority over driver licensing. It creates a tension between robust oversight and the administrative burden placed on state agencies.
Section 3
Corrective Measures and Follow-Up Audits for Non-Compliant States
Following the initial audits, FMCSA must issue preliminary determinations of substantial noncompliance to states and propose corrective measures. States have 60 days to confirm implementation or submit a corrective action plan. States with an error rate between 10% and 25% in their CDL issuance will undergo a follow-up audit within two years, while states with an error rate over 25% will face annual follow-up audits for three years.
Section 4
Enforcement through Withholding of Federal Funding
This section outlines enforcement actions for states that fail to comply. If a state does not respond to corrective measures within 60 days, FMCSA will issue a final determination of substantial noncompliance and withhold all Federal Motor Carrier Safety Administration funding from that state. Funding will be withheld until the state demonstrates compliance. FMCSA must notify Congress of all such determinations and subsequent compliance achievements.
Section 5
Definitions of Substantial Noncompliance and Substantial Violation
This section defines key terms for enforcement. 'Substantial noncompliance' means a 'substantial violation' of the Act. A 'substantial violation' is further defined by criteria including the number of restrictions violated, whether the violation is substantive rather than technical, if it's part of a pattern of noncompliance, the extent to which the state failed to cure the violation, and whether the violation was knowing and willful. These criteria guide FMCSA in determining when enforcement actions are warranted.