Cabotage enforcement

(a) In general Chapter 313 of title 49, United States Code, is amended by adding at the end the following: 31318. Cabotage enforcement (a) Prohibition (1) In general A foreign motor carrier or a foreign motor private carrier (as such terms are defined in section 13102 of title 49, United States Code) or a driver operating pursuant to authority permitting international transportation may not engage in domestic point-to-point transportation within the United States except to the extent expressly authorized by Federal law. (2) Rule of construction Nothing in this subsection shall be construed to prohibit transportation that is incidental to lawful international commerce and permitted under applicable Federal law. (b) Civil penalty A person that knowingly violates subsection (a) shall be subject to a civil penalty of up to $100,000 per vehicle for each day on which a violation occurs. (c) Procedures The Secretary of Transportation, in coordination with the Secretary of Homeland Security and in consultation with State highway authorities, shall establish procedures for cabotage enforcement, including referrals to the Department of Homeland Security for suspected immigration or visa violations and issuance of appropriate out-of-service orders. (d) State cooperation (1) In general Each State shall cooperate with the Secretary of Transportation and the Secretary of Homeland Security in the enforcement of this section, including by— (A) conducting or cooperating with appropriate inspections; (B) reporting suspected violations; (C) providing access to inspection facilities as authorized by law; and (D) maintaining enforcement records. (2) Withholding of funds for noncompliance (A) In general The Secretary of Transportation shall withhold 10 percent of the amount required to be apportioned to any State under paragraphs (1) and (2) of section 104(b) of title 23, United States Code, on the first day of each fiscal year after the first fiscal year beginning after the date of enactment of this section for which the Secretary determines, after notice and an opportunity to cure, that the State is not in compliance with the requirements of paragraph (1). (B) Effect of withholding Amounts withheld from a State under this paragraph shall remain available for apportionment to the State for a period prescribed by the Secretary of Transportation and shall be apportioned to the State upon a determination that the State has returned to substantial compliance with such requirements.. (b) Clerical amendment The analysis for chapter 313 of title 49, United States Code, is amended by adding at the end the following: 31318. Cabotage enforcement.. (c) Cabotage tracking pilot program (1) In general The Secretary of Homeland Security, in coordination with the Secretary of Transportation, shall establish a pilot program to evaluate the use of electronic logging, GPS, geofencing, and other commercially and operationally feasible technologies at one or more high-volume land ports of entry to identify unlawful domestic point-to-point transportation by foreign-domiciled motor carriers. (2) Implementation The pilot program established under paragraph (1) shall be implemented on a schedule determined practicable by the Secretaries and shall include appropriate safeguards for data security and privacy. (3) Report Not later than 2 years after the date of enactment of this Act, the Secretary of Homeland Security and the Secretary of Transportation shall jointly submit to Congress a report on the effectiveness, cost, operational feasibility, and recommended scope of any potential broader deployment of the pilot program established under paragraph (1). (4) Termination The pilot program established under paragraph (1) shall terminate on the date on which the Secretaries submit the report required under paragraph (3). (d) Cross-Border data sharing Not later than 180 days after the date of enactment of this Act, the Secretary of Homeland Security, in consultation with the Secretary of Transportation and the Secretary of State, shall submit to Congress a report on gaps in cross-border entry, exit, immigration-status, and commercial motor carrier data sharing with Mexico that impede enforcement of Federal cabotage and commercial motor vehicle laws. The report shall identify legal, diplomatic, technological, and administrative options for improving such information sharing and enforcement.