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S. 3773

U.S. Senate•In Senate Committee

Summary

S. 3773, the Enforce Immigration or Lose Transportation Act, was introduced in the Senate on Feb 4, 2026 by Sen. Tom Cotton (R). It was referred to Environment And Public Works, and last saw action on Feb 4, 2026: Read twice and referred to the Committee on Environment and Public Works.

Record

Text

S. 3773 has no co-sponsors and has not gone to a roll call.

sb3773/introduced-in-senate.txt
109 S3773 IS: Enforce Immigration or Lose Transportation Act
 U.S. Senate
 2026-02-04
 text/xml
 EN
 Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.
 II  119th CONGRESS  2d Session  S. 3773  IN THE SENATE OF THE UNITED STATES   February 4, 2026   Mr. Cotton  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 condition Federal highway funding on State compliance with Federal immigration enforcement policies related to driver's licensing and information sharing, and for other purposes.
1.
Short title
This Act may be cited as the   Enforce Immigration or Lose Transportation Act  .
2.
Findings
Congress finds that—
(1)
Federal transportation funding supports the safety and efficiency of the highways, bridges, and public transit systems of the United States;
(2)
compliance with Federal immigration laws, including verification of lawful presence for driver's license issuance and cooperation with Federal immigration enforcement, directly impacts road safety by ensuring that licensed drivers are properly vetted and reducing risks associated with unverified operators;
(3)
States that issue driver's licenses without requiring proof of lawful presence or that restrict information sharing with Federal immigration authorities undermine national security and transportation safety objectives; and
(4)
conditioning a portion of Federal highway funding on compliance described in paragraph (2) is a reasonable exercise of the authority of Congress under the Spending Clause of section 8 of article I of the Constitution to promote the general welfare.
3.
Immigration compliance for transportation funding
(a)
In general
 Chapter 1  of title 23, United States Code, is amended by inserting after  section 154  the following:
155.
Immigration compliance for transportation funding
(a)
Definition of driver's license
In this section, the term  driver's license  has the meaning given the term in section 201 of the REAL ID Act of 2005 ( 49 U.S.C. 30301  note;  Public Law 109–13 ).
(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 the applicable percentage described in paragraph (2) of the amounts required to be apportioned to the State under paragraphs (1) and (2) of section 104(b) if the Secretary determines that the State is not in compliance, as described in subsection (c).
(2)
Applicable percentage
(A)
First year
For the first fiscal year in which a State is determined to be not in compliance, the percentage shall be 5 percent.
(B)
Subsequent years
For each subsequent fiscal year in which a State is determined to be not in compliance, the percentage shall be 10 percent.
(3)
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 under 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.
(4)
Effect of withholding
Except as provided in paragraph (3), no funds withheld under this section from apportionment to a State shall be available to that State.
(c)
Compliance requirements
A State is not in compliance under this section if the State—
(1)
has in effect a statute, regulation, policy, or practice that prohibits or restricts State or local officials from sending to, or receiving from, the Department of Homeland Security information regarding the citizenship or immigration status, lawful or unlawful, of any individual, in violation of section 642 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 ( 8 U.S.C. 1373 );
(2)
issues driver's licenses or identification cards to individuals without requiring evidence of lawful status as described in section 202(c)(2)(B) of the REAL ID Act of 2005 ( 49 U.S.C. 30301  note;  Public Law 109–13 ); or
(3)
fails to cooperate with detainers issued by U.S. Immigration and Customs Enforcement under section 287(d) of the Immigration and Nationality Act ( 8 U.S.C. 1357(d) ), including by refusing to honor such detainers for individuals in State custody.
(d)
Certification
Each State shall annually certify to the Secretary the compliance of the State with subsection (c), including submission of relevant statutes, policies, and data on driver's license issuance practices.
(e)
Enforcement and audits
The Secretary may—
(1)
conduct audits of State certifications and practices to verify compliance with subsection (c);
(2)
issue regulations to implement this section, including procedures for appeals of noncompliance determinations; and
(3)
provide technical assistance to States to achieve compliance.
 .
(b)
Conforming 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. Immigration compliance for transportation funding.
  .

Tracker

The tracker indicates the progress of this legislation as it moves through the legislative process.

  1. Introduced2026-02-04
  2. Passed Senate
  3. Passed House
  4. Conference
  5. To President
  6. Became Law

A bill to amend title 23, United States Code, to condition Federal highway funding on State compliance with Federal immigration enforcement policies related to driver's licensing and information sharing, and for other purposes.

Sponsors

Sen. Tom Cotton (R) sponsors S. 3773 alone.

Tom Cotton

Sen. · R–AR · Sponsor

Committees

S. 3773 went before 1 committee: Environment and Public Works.

Environment and Public Works
Environment and Public Works
Referred To · Feb 4, 2026 · 257 Bills

Actions

S. 3773 has taken 2 actions since Feb 4, 2026.

ChamberAction
Feb 4, 2026
Senate
Read twice and referred to the Committee on Environment and Public Works.Environment and Public Works Committee
Feb 4, 2026
—
Introduced in Senate

Votes

S. 3773 has not gone to a roll call.

Titles

S. 3773 goes by 3 titles, 1 of them short titles.

  • Enforce Immigration or Lose Transportation Act — Display Title
  • Enforce Immigration or Lose Transportation Act — Short Title(s) as Introduced
  • A bill to amend title 23, United States Code, to condition Federal highway funding on State compliance with Federal immigration enforcement policies related to driver's licensing and information sharing, and for other purposes. — Official Title as Introduced

Lobbying

1 client hired 1 firm and 7 registered lobbyists who named S. 3773 in 2 quarterly filings, 2026. Reported under the Lobbying Disclosure Act; a filing’s income covers everything its registrant worked that quarter, so the amounts below are the filings’, not this bill’s.

Filed under Budget/Appropriations, Homeland Security, Medicare/Medicaid, Taxation/Internal Revenue Code, Transportation.

Clients

Who paid to be heard, by how many filings named the bill.

ClientBusinessStateFirmsFilingsReported
AMERICAN PUBLIC TRANSPORTATION ASSOCIATION—District of Columbia12—

Firms

Registrants who filed on the bill, by filings.

RegistrantClientsFilingsReported
AMERICAN PUBLIC TRANSPORTATION ASSOCIATION12—

Lobbyists

Named on the filings that cite the bill.

LobbyistFirmsClientsFilings
ANASTASIA TIONGSON112
BENJAMIN SCHWARTZ112
JILLIAN KINDER112
KATIE MABRY112
MARKUS HYBNER112
TANEESHA JOHNSON112
WARD MCCARRAGHER112

Filings

The documents themselves, on the Senate’s Lobbying Disclosure site, largest reported first.

ClientRegistrantPeriodReportedDocument
AMERICAN PUBLIC TRANSPORTATION ASSOCIATIONAMERICAN PUBLIC TRANSPORTATION ASSOCIATION2026 second_quarter$660K2nd Quarter - Report
AMERICAN PUBLIC TRANSPORTATION ASSOCIATIONAMERICAN PUBLIC TRANSPORTATION ASSOCIATION2026 first_quarter$350K1st Quarter - Report

Classification

The Congressional Research Service files S. 3773 under Transportation and Public Works, one of its 31 policy areas.

CRS Subjects

CRS assigns every bill one policy area from its 31; S. 3773’s is Transportation and Public Works.

s3773/policy-areas.txt
Transportation and Public WorksAgriculture and FoodAnimalsArmed Forces and National SecurityArts, Culture, ReligionCivil Rights and Liberties, Minority IssuesCommerceCongressCrime and Law EnforcementEconomics and Public FinanceEducationEmergency ManagementEnergyEnvironmental ProtectionFamiliesFinance and Financial SectorForeign Trade and International FinanceGovernment Operations and PoliticsHealthHousing and Community DevelopmentImmigrationInternational AffairsLabor and EmploymentLawNative AmericansPublic Lands and Natural ResourcesScience, Technology, CommunicationsSocial WelfareSports and RecreationTaxationWater Resources Development

Source: congress.gov · legiscan.com