H.R. 8640 — Non-Domiciled CDL Reporting Act

This section establishes a commercial driver’s license database (§31162 of title 49, U.S. Code) to verify the immigration status of non-domiciled commercial driver’s license (CDL) holders. Not later than 90 days after enactment, the Director of U.S. Citizenship and Immigration Services (USCIS) must make the Systematic Alien Verification for Entitlements (SAVE) service available to the Federal Motor Carrier Safety Administration (FMCSA); state driver licensing agencies must submit to FMCSA the expiration date and a copy of each non-domiciled CDL issued; FMCSA must process submissions through SAVE and refer any holders determined to have unlawful U.S. presence to USCIS for removal eligibility investigation; and FMCSA must submit annual reports to Congress detailing flagged non-domiciled CDLs by state. This section also (1) authorizes FMCSA to withhold state motor carrier safety assistance funds for noncompliance with the new requirements; and (2) permits states to seek waivers, exemptions, or pilot programs from those requirements under existing procedures (§31315 of title 49, U.S. Code). (Thus, non-domiciled CDLs—typically issued to non-U.S. residents such as Canadian or Mexican nationals—will be subject to federal immigration status checks to ensure only eligible individuals operate commercial motor vehicles in interstate commerce.)