S. 4317

[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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