[House Report 115-468]
[From the U.S. Government Publishing Office]
115th Congress } { Report
HOUSE OF REPRESENTATIVES
1st Session } { 115-468
======================================================================
NO HUMAN TRAFFICKING ON OUR ROADS ACT
_______
December 18, 2017.--Committed to the Committee of the Whole House on
the State of the Union and ordered to be printed
_______
Mr. Shuster, from the Committee on Transportation and Infrastructure,
submitted the following
R E P O R T
[Including cost estimate of the Congressional Budget Office]
The Committee on Transportation and Infrastructure, to whom
was referred the bill (H.R. 3814) to disqualify from operating
a commercial motor vehicle for life an individual who uses a
commercial motor vehicle in committing a felony involving human
trafficking, having considered the same, report favorably
thereon without amendment and recommend that the bill do pass.
CONTENTS
Page
Purpose of Legislation........................................... 1
Background and Need for Legislation.............................. 2
Hearings......................................................... 2
Legislative History and Consideration............................ 2
Committee Votes.................................................. 2
Committee Oversight Findings..................................... 2
New Budget Authority and Tax Expenditures........................ 2
Congressional Budget Office Cost Estimate........................ 2
Performance Goals and Objectives................................. 4
Advisory of Earmarks............................................. 4
Duplication of Federal Programs.................................. 4
Disclosure of Directed Rule Makings.............................. 4
Federal Mandate Statement........................................ 4
Preemption Clarification......................................... 4
Advisory Committee Statement..................................... 5
Applicability of Legislative Branch.............................. 5
Section-by-Section Analysis of Legislation....................... 5
Changes in Existing Law Made by the Bill, as Reported............ 5
Purpose of Legislation
H.R. 3814 disqualifies an individual from operating a
commercial motor vehicle (CMV) for life if the individual uses
a commercial motor vehicle (CMV) to commit a felony involving
human trafficking.
Background and Need for Legislation
In summer 2017, 10 people died in San Antonio, Texas in the
process of being illegally trafficked in a commercial motor
vehicle. The Federal Motor Carrier Safety Administration
(FMCSA) currently prohibits an individual from operating a CMV
for life if they are convicted of committing specific crimes,
including alcohol abuse, negligent manslaughter, and drug
trafficking.
H.R. 3814 adds committing a felony involving human
trafficking to that list of crimes.
Hearings
No hearings were held on H.R. 3814.
Legislative History and Consideration
On September 21, 2017, Congressman John Katko (R-NY)
introduced H.R. 3814.
On November 30, 2017, the Committee on Transportation and
Infrastructure met in open session to consider H.R. 3814. The
Committee ordered the bill to be reported favorably to the
House by a voice vote with a quorum present.
Committee Votes
Clause 3(b) of rule XIII of the Rules of the House of
Representatives requires each committee report to include the
total number of votes cast for and against on each record vote
on a motion to report and on any amendment offered to the
measure or matter, and the names of those members voting for
and against. There were no recorded votes taken in connection
with consideration of H.R. 3814.
Committee Oversight Findings
With respect to the requirements of clause 3(c)(1) of rule
XIII of the Rules of the House of Representatives, the
Committee's oversight findings and recommendations are
reflected in this report.
New Budget Authority and Tax Expenditures
Clause 3(c)(2) of rule XIII of the Rules of the House of
Representatives does not apply where a cost estimate and
comparison prepared by the Director of the Congressional Budget
Office under section 402 of the Congressional Budget Act of
1974 has been timely submitted prior to the filing of the
report and is included in the report. Such a cost estimate is
included in this report.
Congressional Budget Office Cost Estimate
With respect to the requirement of clause 3(c)(3) of rule
XIII of the Rules of the House of Representatives and section
402 of the Congressional Budget Act of 1974, the Committee has
received the enclosed cost estimate for H.R. 3814 from the
Director of the Congressional Budget Office:
U.S. Congress,
Congressional Budget Office,
Washington, DC, December 14, 2017.
Hon. Bill Shuster,
Chairman, Committee on Transportation and Infrastructure,
House of Representatives Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for H.R. 3814, the No Human
Trafficking on Our Roads Act.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Sarah Puro.
Sincerely,
Keith Hall,
Director.
Enclosure.
H.R. 3814--No Human Trafficking on Our Roads Act
H.R. 3814 would permanently prohibit anyone who has used a
commercial motor vehicle to commit a felony involving severe
human trafficking from operating a commercial motor vehicle.
Under current law, state agencies are responsible for issuing
commercial driver's licenses and complying with the
requirements in the bill. The Federal Motor Carrier Safety
Administration (FMCSA) has two full-time employees who provide
training for state inspectors and investigators who combat
criminal activities such as drug trafficking. H.R. 3814 would
require FMCSA to expand that effort.
Using information from FMCSA, CBO expects that the agency
would add the equivalent of less than one full-time employee
annually to implement the provisions of the bill. CBO estimates
that the compensation and benefits for that work would be less
than $100,000 each year. As a result, CBO estimates,
implementing the bill would cost less than $500,000 over the
2018-2022 period; such spending would be subject to the
availability of appropriated funds.
Enacting H.R. 3814 would not affect direct spending or
revenues; therefore, pay-as-you-go procedures do not apply.
CBO estimates that enacting H.R. 3814 would not increase
net direct spending or on-budget deficits in any of the four
consecutive 10-year periods beginning in 2028.
H.R. 3814 contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act (UMRA).
As a condition of assistance, the bill would require states to
ensure that people who commit acts of human trafficking will
not be issued commercial driver's licenses. States already
screen applicants for drug offenses, among others.
Consequently, CBO estimates that the costs of the additional
requirement would be small. Conditions of assistance are not
considered intergovernmental mandates as defined in UMRA.
On August 29, 2017, CBO provided an estimate for S. 1532,
the No Human Trafficking on Our Roads Act, as reported by the
Senate Committee on Commerce, Science, and Transportation on
August 3, 2017. The two pieces of legislation are similar and
CBO's estimated costs are the same.
The CBO staff contacts for this estimate are Sarah Puro
(for federal costs) and Jon Sperl (for mandates). The estimate
was approved by H. Samuel Papenfuss, Deputy Assistant Director
for Budget Analysis.
Performance Goals and Objectives
With respect to the requirement of clause 3(c)(4) of rule
XIII of the Rules of the House of Representatives, the
performance goal and objective of H.R. 3814 is to disqualify
individuals from operating a CMV for their lifetime if they
used a CMV to commit a felony involving human trafficking.
Advisory of Earmarks
Pursuant to clause 9 of rule XXI of the Rules of the House
of Representatives, the Committee is required to include a list
of congressional earmarks, limited tax benefits, or limited
tariff benefits as defined in clause 9(e), 9(f), and 9(g) of
rule XXI of the Rules of the House of Representatives. No
provision in the bill includes an earmark, limited tax benefit,
or limited tariff benefit under clause 9(e), 9(f), or 9(g) of
rule XXI.
Duplication of Federal Programs
Pursuant to clause 3(c)(5) of rule XIII of the Rules of the
House of Representatives, the Committee finds that no provision
of H.R. 3814 establishes or reauthorizes a program of the
federal government known to be duplicative of another federal
program, a program that was included in any report from the
Government Accountability Office to Congress pursuant to
section 21 of Public Law 111-139, or a program related to a
program identified in the most recent Catalog of Federal
Domestic Assistance.
Disclosure of Directed Rule Makings
Pursuant to section 3(i) of H. Res. 5, 115th Cong. (2017),
the Committee finds that enacting H.R. 3814 does not direct the
completion of a specific rule making within the meaning of
section 551 of title 5, United States Code.
Federal Mandate Statement
The Committee adopts as its own the estimate of federal
mandates prepared by the Director of the Congressional Budget
Office pursuant to section 423 of the Unfunded Mandates Reform
Act (Public Law 104-4).
Preemption Clarification
Section 423 of the Congressional Budget Act of 1974
requires the report of any Committee on a bill or joint
resolution to include a statement on the extent to which the
bill or joint resolution is intended to preempt state, local,
or tribal law. The Committee states that H.R. 3814 does not
preempt any state, local, or tribal law.
Advisory Committee Statement
No advisory committees within the meaning of section 5(b)
of the Federal Advisory Committee Act are created by this
legislation.
Applicability of Legislative Branch
The Committee finds that the legislation does not relate to
the terms and conditions of employment or access to public
services or accommodations within the meaning of section
102(b)(3) of the Congressional Accountability Act (Public Law
104-1).
Section-by-Section Analysis of Legislation
Section 1. Short title
Section 1 designates the short title of the bill as the No
Human Trafficking on Our Roads Act.
Section 2. Lifetime disqualification without reinstatement
Section 2 disqualifies individuals from operating a CMV for
their lifetime if they used a CMV to commit a felony involving
human trafficking.
Changes in Existing Law Made by the Bill, as Reported
In compliance with clause 3(e) of rule XIII of the Rules of
the House of Representatives, changes in existing law made by
the bill, as reported, are shown as follows (existing law
proposed to be omitted is enclosed in black brackets, new
matter is printed in italic, existing law in which no change is
proposed is shown in roman):
Changes in Existing Law Made by the Bill, as Reported
In compliance with clause 3(e) of rule XIII of the Rules of
the House of Representatives, changes in existing law made by
the bill, as reported, are shown as follows (existing law
proposed to be omitted is enclosed in black brackets, new
matter is printed in italic, and existing law in which no
change is proposed is shown in roman):
TITLE 49, UNITED STATES CODE
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SUBTITLE VI--MOTOR VEHICLE AND DRIVER PROGRAMS
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PART B--COMMERCIAL
* * * * * * *
CHAPTER 313--COMMERCIAL MOTOR VEHICLE OPERATORS
* * * * * * *
Sec. 31310. Disqualifications
(a) Blood Alcohol Concentration Level.--In this section, the
blood alcohol concentration level at or above which an
individual when operating a commercial motor vehicle is deemed
to be driving under the influence of alcohol is .04 percent.
(b) First Violation or Committing Felony.--(1) Except as
provided in paragraph (2) of this subsection and subsection (c)
of this section, the Secretary of Transportation shall
disqualify from operating a commercial motor vehicle for at
least one year an individual--
(A) committing a first violation of driving a
commercial motor vehicle under the influence of alcohol
or a controlled substance;
(B) committing a first violation of leaving the scene
of an accident involving a commercial motor vehicle
operated by the individual;
(C) using a commercial motor vehicle in committing a
felony (except a felony described in subsection (d) of
this section);
(D) committing a first violation of driving a
commercial motor vehicle when the individual's
commercial driver's license is revoked, suspended, or
canceled based on the individual's operation of a
commercial motor vehicle or when the individual is
disqualified from operating a commercial motor vehicle
based on the individual's operation of a commercial
motor vehicle; or
(E) convicted of causing a fatality through negligent
or criminal operation of a commercial motor vehicle.
(2) If the vehicle involved in a violation referred to in
paragraph (1) of this subsection is transporting hazardous
material required to be placarded under section 5103 of this
title, the Secretary shall disqualify the individual for at
least 3 years.
(c) Second and Multiple Violations.--(1) Subject to paragraph
(2) of this subsection, the Secretary shall disqualify from
operating a commercial motor vehicle for life an individual--
(A) committing more than one violation of driving a
commercial motor vehicle under the influence of alcohol
or a controlled substance;
(B) committing more than one violation of leaving the
scene of an accident involving a commercial motor
vehicle operated by the individual;
(C) using a commercial motor vehicle in committing
more than one felony arising out of different criminal
episodes;
(D) committing more than one violation of driving a
commercial motor vehicle when the individual's
commercial driver's license is revoked, suspended, or
canceled based on the individual's operation of a
commercial motor vehicle or when the individual is
disqualified from operating a commercial motor vehicle
based on the individual's operation of a commercial
motor vehicle;
(E) convicted of more than one offense of causing a
fatality through negligent or criminal operation of a
commercial motor vehicle; or
(F) committing any combination of single violations
or use described in subparagraphs (A) through (E).
(2) The Secretary may prescribe regulations establishing
guidelines (including conditions) under which a
disqualification for life under paragraph (1) of this
subsection may be reduced to a period of not less than 10
years.
(d) [Controlled Substance Violations] Lifetime
Disqualification Without Reinstatement._[The Secretary] (1)
Controlled substance violations._The Secretary shall
disqualify from operating a commercial motor vehicle for life
an individual who uses a commercial motor vehicle in committing
a felony involving manufacturing, distributing, or dispensing a
controlled substance, or possession with intent to manufacture,
distribute, or dispense a controlled substance.
(2) Human trafficking violations.--The Secretary
shall disqualify from operating a commercial motor
vehicle for life an individual who uses a commercial
motor vehicle in committing a felony involving an act
or practice described in paragraph (9) of section 103
of the Trafficking Victims Protection Act of 2000 (22
U.S.C. 7102(9)).
(e) Serious Traffic Violations.--(1) The Secretary shall
disqualify from operating a commercial motor vehicle for at
least 60 days an individual who, in a 3-year period, commits 2
serious traffic violations involving a commercial motor vehicle
operated by the individual.
(2) The Secretary shall disqualify from operating a
commercial motor vehicle for at least 120 days an individual
who, in a 3-year period, commits 3 serious traffic violations
involving a commercial motor vehicle operated by the
individual.
(f) Emergency Disqualification.--
(1) Limited duration.--The Secretary shall disqualify
an individual from operating a commercial motor vehicle
for not to exceed 30 days if the Secretary determines
that allowing the individual to continue to operate a
commercial motor vehicle would create an imminent
hazard (as such term is defined in section 521 or
section 5102).
(2) After notice and hearing.--The Secretary shall
disqualify an individual from operating a commercial
motor vehicle for more than 30 days if the Secretary
determines, after notice and an opportunity for a
hearing, that allowing the individual to continue to
operate a commercial motor vehicle would create an
imminent hazard (as such term is defined in section 521
or section 5102).
(g) Noncommercial Motor Vehicle Convictions.--
(1) Issuance of regulations.--The Secretary shall
issue regulations providing for the disqualification by
the Secretary from operating a commercial motor vehicle
of an individual who holds a commercial driver's
license and who has been convicted of--
(A) a serious offense involving a motor
vehicle (other than a commercial motor vehicle)
that has resulted in the revocation,
cancellation, or suspension of the individual's
license; or
(B) a drug or alcohol related offense
involving a motor vehicle (other than a
commercial motor vehicle).
(2) Requirements for regulations.--Regulations issued
under paragraph (1) shall establish the minimum periods
for which the disqualifications shall be in effect, but
in no case shall the time periods for disqualification
for noncommercial motor vehicle violations be more
stringent than those for offenses or violations
involving a commercial motor vehicle. The Secretary
shall determine such periods based on the seriousness
of the offenses on which the convictions are based.
(h) State Disqualification.--Notwithstanding subsections (b)
through (g) of this section, the Secretary does not have to
disqualify an individual from operating a commercial motor
vehicle if the State that issued the individual a license
authorizing the operation has disqualified the individual from
operating a commercial motor vehicle under subsections (b)
through (g). Revocation, suspension, or cancellation of the
license is deemed to be disqualification under this subsection.
(i) Out-of-Service Orders.--(1)(A) To enforce section 392.5
of title 49, Code of Federal Regulations, the Secretary shall
prescribe regulations establishing and enforcing an out-of-
service period of 24 hours for an individual who violates
section 392.5. An individual may not violate an out-of-service
order issued under those regulations.
(B) The Secretary shall prescribe regulations establishing
and enforcing requirements for reporting out-of-service orders
issued under regulations prescribed under subparagraph (A) of
this paragraph. Regulations prescribed under this subparagraph
shall require at least that an operator of a commercial motor
vehicle who is issued an out-of-service order to report the
issuance to the individual's employer and to the State that
issued the operator a driver's license.
(2) The Secretary shall prescribe regulations establishing
sanctions and penalties related to violations of out-of-service
orders by individuals operating commercial motor vehicles. The
regulations shall require at least that--
(A) an operator of a commercial motor vehicle found
to have committed a first violation of an out-of-
service order shall be disqualified from operating such
a vehicle for at least 180 days and liable for a civil
penalty of at least $2,500;
(B) an operator of a commercial motor vehicle found
to have committed a 2d violation of an out-of-service
order shall be disqualified from operating such a
vehicle for at least 2 years and not more than 5 years
and liable for a civil penalty of at least $5,000; and
(C) an employer that knowingly allows or requires an
employee to operate a commercial motor vehicle in
violation of an out-of-service order shall be liable
for a civil penalty of not more than $25,000; and
(D) an employer that knowingly and willfully allows
or requires an employee to operate a commercial motor
vehicle in violation of an out-of-service order shall,
upon conviction, be subject for each offense to
imprisonment for a term not to exceed one year or a
fine under title 18, or both.
(j) Grade-Crossing Violations.--
(1) Sanctions.--The Secretary shall issue regulations
establishing sanctions and penalties relating to
violations, by persons operating commercial motor
vehicles, of laws and regulations pertaining to
railroad-highway grade crossings.
(2) Minimum requirements.--The regulations issued
under paragraph (1) shall, at a minimum, require that--
(A) the penalty for a single violation is not
less than a 60-day disqualification of the
driver's commercial driver's license; and
(B) any employer that knowingly allows,
permits, authorizes, or requires an employee to
operate a commercial motor vehicle in violation
of such a law or regulation shall be subject to
a civil penalty of not more than $10,000.
(k) Foreign Commercial Drivers.--A foreign commercial driver
shall be subject to disqualification under this section.
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