[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

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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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