1. Commercial driver’s license skills testing and retesting (a) In general Section 31305 of title 49, United States Code, is amended by adding at the end the following: (e) CDL skills testing and retesting wait times (1) In general Beginning not later than February 7, 2020, the Secretary shall carry out a program to ensure that States conduct in a timely manner skills tests and retests for individuals applying for a CDL. (2) Compliance with program requirements For purposes of section 31311(a), a State shall not be considered to be in compliance with the requirements of the program for a fiscal year if the Secretary determines as of the first day of the fiscal year that— (A) in the case of a State that prohibits or currently does not authorize public and private commercial driving schools, or independent CDL testing facilities, from offering a CDL skills test as a third-party tester, there was a skills test delay at 3 or more CDL skills test locations in the State during— (i) 2 consecutive calendar quarters in the preceding 12-month period; or (ii) 3 calendar quarters in the preceding 18-month period; (B) in the case of a State that has 2 or fewer CDL skills test locations, there was a skills test delay at any skills test location