[Senate Report 115-177]
[From the U.S. Government Publishing Office]
115th Congress} { Report
SENATE
1st Session } { 115-177
======================================================================
COMBATING HUMAN TRAFFICKING IN COMMERCIAL VEHICLES ACT
__________
R E P O R T
OF THE
COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION
ON
S. 1536
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
October 23, 2017.--Ordered to be printed
U.S. GOVERNMENT PUBLISHING OFFICE
WASHINGTON : 2017
SENATE COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION
One Hundred Fifteenth Congress
First Session
JOHN THUNE, South Dakota, Chairman
ROGER F. WICKER, Mississippi BILL NELSON, Florida
ROY BLUNT, Missouri MARIA CANTWELL, Washington
TED CRUZ, Texas AMY KLOBUCHAR, Minnesota
DEB FISCHER, Nebraska RICHARD BLUMENTHAL, Connecticut
JERRY MORAN, Kansas BRIAN SCHATZ, Hawaii
DAN SULLIVAN, Alaska EDWARD J. MARKEY, Massachusetts
DEAN HELLER, Nevada CORY A. BOOKER, New Jersey
JAMES M. INHOFE, Oklahoma TOM UDALL, New Mexico
MIKE LEE, Utah GARY C. PETERS, Michigan
RON JOHNSON, Wisconsin TAMMY BALDWIN, Wisconsin
SHELLEY MOORE CAPITO, West TAMMY DUCKWORTH, Illinois
Virginia
CORY GARDNER, Colorado MARGARETWOODHASSAN,NewHampshire
TODD C. YOUNG, Indiana CATHERINE CORTEZ MASTO, Nevada
Nick Rossi, Staff Director
Adrian Arnakis, Deputy Staff Director
Jason Van Beek, General Counsel
Kim Lipsky, Democratic Staff Director
Christopher Day, Democratic Deputy Staff Director
COMBATING HUMAN TRAFFICKING IN COMMERCIAL VEHICLES ACT
_______
October 23, 2017.--Ordered to be printed
_______
Mr. Thune, from the Committee on Commerce, Science, and Transportation,
submitted the following
R E P O R T
[To accompany S. 1536]
[Including cost estimate of the Congressional Budget Office]
The Committee on Commerce, Science, and Transportation, to
which was referred the bill (S. 1536) to designate a human
trafficking prevention coordinator and to expand the scope of
activities authorized under the Federal Motor Carrier Safety
Administration's outreach and education program to include
human trafficking prevention activities, and for other
purposes, having considered the same, reports favorably thereon
with an amendment (in the nature of a substitute) and
recommends that the bill (as amended) do pass.
Purpose of the Bill
The purposes of S. 1536, the Combating Human Trafficking in
Commercial Vehicles Act, are to designate a human trafficking
prevention coordinator and to expand the scope of activities
authorized under the Federal Motor Carrier Safety
Administration's (FMCSA) outreach and education program to
include human trafficking recognition, prevention, and
reporting activities.
Background and Needs
Human trafficking, particularly sex trafficking, is known
to be present at commercially operated truck stops and State-
operated rest areas throughout the United States. Given their
remoteness and insulation from communities, these locations can
be convenient places for sex traffickers to operate with
minimal concerns of detection. The frequent movement of these
victims aids traffickers both in maintaining control and
avoiding law enforcement. Other forms of human trafficking,
such as labor trafficking, have a presence in these locations
as well.
Nonprofit organizations like Truckers Against Trafficking
(TAT) have made substantial progress in spreading awareness of
areas where human trafficking and the trucking industry
intersect. Their efforts have resulted in increased reporting
of trafficking incidents by truckers who can act as ``eyes and
ears'' on roads nationwide. S. 1536 would provide additional
tools to educate truckers and enlist their cooperation in
preventing these crimes, while providing greater coordination
between modal administrations of the Department of
Transportation (DOT) to centralize efforts in combating human
trafficking.
Summary of Provisions
S. 1536 would designate a human trafficking prevention
coordinator at the DOT, responsible for managing prevention
efforts across the modal administrations within the DOT and
with other departments and agencies in the Federal Government,
particularly those tailored to the transportation sector. S.
1536 also would expand the scope of activities authorized under
the DOT's FMCSA outreach and education program to include human
trafficking prevention activities and provide eligibility under
the FMCSA Commercial Driver's License (CDL) grant program to
support the recognition, prevention, and reporting of human
trafficking.
Finally, S. 1536 would create an advisory committee on
human trafficking within the DOT, responsible for issuing
legislative and administrative recommendations to the DOT while
serving in an advisory capacity to State and local government
agencies on human trafficking prevention strategies in the
transportation sector.
Legislative History
S. 1536 was introduced on July 12, 2017, by Senators
Klobuchar, Thune, and Nelson. Additional cosponsors include
Senators Cornyn, Rubio, Heller, and Blumenthal. The Committee,
by voice vote, ordered S. 1536 reported favorably with an
amendment (in the nature of a substitute) on August 3, 2017.
In addition, on July 12, 2017, the Committee held a hearing
entitled, ``Force Multipliers: How Transportation and Supply
Chain Stakeholders Are Combating Human Trafficking,'' which
examined the various interactions between the transportation
sector and human trafficking, and served as an opportunity to
explore some of the specific solutions and efforts utilized by
organizations that work to mitigate the exploitation of
individuals.
Estimated Costs
In accordance with paragraph 11(a) of rule XXVI of the
Standing Rules of the Senate and section 403 of the
Congressional Budget Act of 1974, the Committee provides the
following cost estimate, prepared by the Congressional Budget
Office:
S. 1536--Combating Human Trafficking in Commercial Vehicles Act
S. 1536 would require the Department of Transportation
(DOT) to designate an official to coordinate agency activities
designed to prevent and address human trafficking, to establish
an advisory committee on human trafficking within DOT, and to
authorize that certain grant funds administered by the Federal
Motor Carrier Safety Administration (FMCSA) be used for
activities related to preventing human trafficking. Based on
information from DOT, CBO estimates that implementing the
provisions of the bill would require an additional one to two
employees per year over the 2019-2022 period at a cost of about
$1 million over the 2018-2022 period, assuming availability of
appropriated funds.
Enacting S. 1536 would not affect direct spending or
revenues; therefore, pay-as-you-go procedures do not apply. CBO
estimates that enacting S. 1536 would not increase net direct
spending or on-budget deficits in any of the four consecutive
10-year periods beginning in 2028.
Under current law, FMCSA has $4 million per year in
contract authority (a mandatory form of budget authority) to
provide education and outreach grants. S. 1536 would make
education about preventing and reporting of human trafficking
an additional eligible expense for grant recipients. Because
states already have flexibility to use their education and
outreach grant funds, CBO does not expect the additional
authority would have any significant effect on spending over
the 2018-2022 period.
S. 1536 contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act and
would benefit state and local agencies by authorizing the use
of federal assistance to support the prevention of human
trafficking. Any costs incurred by those entities would result
from voluntary commitments.
The CBO staff contact for this estimate is Sarah Puro. The
estimate was approved by Theresa Gullo, Assistant Director for
Budget Analysis.
Regulatory Impact Statement
In accordance with paragraph 11(b) of rule XXVI of the
Standing Rules of the Senate, the Committee provides the
following evaluation of the regulatory impact of the
legislation, as reported:
NUMBER OF PERSONS COVERED
S. 1536 would not make any legislative modifications
resulting in a change in the number of persons covered under
existing law.
ECONOMIC IMPACT
The legislation is not expected to have a negative impact
on the Nation's economy. Rather, the legislation would make
changes within the DOT to increase awareness of human
trafficking in the supply chain.
PRIVACY
The reported bill is not expected to impact the personal
privacy of individuals.
PAPERWORK
This legislation is not expected to result in additional
paperwork. While S. 1536 would create a DOT advisory committee
on human trafficking, this and other modifications to existing
law are not expected to result in more paperwork.
Congressionally Directed Spending
In compliance with paragraph 4(b) of rule XLIV of the
Standing Rules of the Senate, the Committee provides that no
provisions contained in the bill, as reported, meet the
definition of congressionally directed spending items under the
rule.
Section-by-Section Analysis
Section 1. Short title
This section would provide that the Act may be cited as the
``Combating Human Trafficking in Commercial Vehicles Act.''
Section 2. Human trafficking prevention coordinator
This section would establish a human trafficking prevention
coordinator, responsible for coordinating human trafficking
prevention activities throughout the modal administrations at
the DOT and with other departments and agencies of the Federal
Government.
Section 3. Expansion of outreach and education program
This section would authorize outreach and education funds
for commercial motor vehicle safety also to be used for human
trafficking recognition, prevention, and reporting purposes.
Section 4. Expansion of commercial driver's license financial
assistance program
This section would provide eligibility under FMCSA's CDL
grant program to support the recognition, prevention, and
reporting of human trafficking.
Section 5. Establishment of the Department of Transportation Advisory
Committee on Human Trafficking
This section would establish the Advisory Committee on
Human Trafficking (Advisory Committee) within the DOT. The
Advisory Committee would consist of 15 external stakeholder
members, with lifetime appointments, from trafficking advocacy
organizations, law enforcement, and transportation modal
sectors (e.g., trucking, maritime, and rail). The Advisory
Committee would be charged with the submission of
recommendations to the DOT on human trafficking, including
prevention strategies and legislative or administrative
changes.
Changes in Existing Law
In compliance with paragraph 12 of rule XXVI of the
Standing Rules of the Senate, 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
material is printed in italic, existing law in which no change
is proposed is shown in roman):
TITLE 49. TRANSPORTATION
SUBTITLE VI. MOTOR VEHICLE AND DRIVER PROGRAMS
PART B. COMMERCIAL
CHAPTER 311. COMMERCIAL MOTOR VEHICLE SAFETY
SUBCHAPTER I. GENERAL AUTHORITY AND STATE GRANTS
Sec. 31110. Authorization of appropriations
(a) Administrative Expenses.--There is authorized to be
appropriated from the Highway Trust Fund (other than the Mass
Transit Account) for the Secretary of Transportation to pay
administrative expenses of the Federal Motor Carrier Safety
Administration--
(1) $267,400,000 for fiscal year 2016;
(2) $277,200,000 for fiscal year 2017;
(3) $283,000,000 for fiscal year 2018;
(4) $284,000,000 for fiscal year 2019; and
(5) $288,000,000 for fiscal year 2020.
(b) Use of Funds.--The funds authorized by this section shall
be used for--
(1) personnel costs;
(2) administrative infrastructure;
(3) rent;
(4) information technology;
(5) programs for research and technology, information
management, regulatory development, and the
administration of performance and registration
information systems management under section 31106(b);
(6) programs for outreach and education under
subsection (c);
(7) other operating expenses;
(8) conducting safety reviews of new operators; and
(9) such other expenses as may from time to time
become necessary to implement statutory mandates of the
Federal Motor Carrier Safety Administration not funded
from other sources.
(c) Outreach and Education Program.--
(1) In general.--The Secretary may conduct, through
any combination of grants, contracts, cooperative
agreements, and other activities, an internal and
external outreach and education program to be
administered by the Administrator of the Federal Motor
Carrier Safety Administration. The program authorized
under this subsection may support, in addition to funds
otherwise available for such purposes, the recognition,
prevention, and reporting of human trafficking, while
deferring to existing resources, as practicable.
(2) Federal share.--The Federal share of an outreach
and education project for which a grant, contract, or
cooperative agreement is made under this subsection may
be up to 100 percent of the cost of the project.
(3) Funding.--From amounts made available under
subsection (a), the Secretary shall make available not
more than $4,000,000 each fiscal year to carry out this
subsection.
(d) Contract Authority; Initial Date of Availability.--
Amounts authorized from the Highway Trust Fund (other than the
Mass Transit Account) by this section shall be available for
obligation on the date of their apportionment or allocation or
on October 1 of the fiscal year for which they are authorized,
whichever occurs first.
(e) Funding Availability.--Amounts made available under this
section shall remain available until expended.
(f) Contractual Obligation.--The approval of funds by the
Secretary under this section is a contractual obligation of the
Federal Government for payment of the Federal Government's
share of costs.
CHAPTER 313. COMMERCIAL MOTOR VEHICLE OPERATORS
Sec. 31313. Commercial driver's license program implementation
financial assistance program
(a) Financial Assistance Program.--
(1) In general.--The Secretary of Transportation
shall administer a financial assistance program for
commercial driver's license program implementation for
the purposes described in paragraphs (2) and (3).
(2) State commercial driver's license program
implementation grants.--In carrying out the program,
the Secretary may make a grant to a State agency in a
fiscal year--
(A) to assist the State in complying with the
requirements of section 31311; and
(B) in the case of a State that is making a
good faith effort toward substantial compliance
with the requirements of section 31311, to
improve the State's implementation of its
commercial driver's license program, including
expenses--
(i) for computer hardware and
software;
(ii) for publications, testing,
personnel, training, and quality
control;
(iii) for commercial driver's license
program coordinators; and
(iv) to implement or maintain a
system to notify an employer of an
operator of a commercial motor vehicle
of the suspension or revocation of the
operator's commercial driver's license
consistent with the standards developed
under section 32303(b) of the
Commercial Motor Vehicle Safety
Enhancement Act of 2012 (49 U.S.C.
31304 note).
(3) Priority activities.--The Secretary may make a
grant to or enter into a cooperative agreement with a
State agency, local government, or any person in a
fiscal year for research, development and testing,
demonstration projects, public education, and other
special activities and projects relating to commercial
drivers licensing and motor vehicle safety that--
(A) benefit all jurisdictions of the United
States;
(B) address national safety concerns and
circumstances;
(C) address emerging issues relating to
commercial driver's license improvements;
(D) support innovative ideas and solutions to
commercial driver's license program issues;
[or]
(E) support, in addition to funds otherwise
available for such purposes, the recognition,
prevention, and reporting of human trafficking;
or
[(E)](F) address other commercial driver's
license issues, as determined by the Secretary.
(b) Prohibitions.--A recipient may not use financial
assistance funds awarded under this section to rent, lease, or
buy land or buildings.
(c) Report.--The Secretary shall issue an annual report on
the activities carried out under this section.
(d) Apportionment.--All amounts made available to carry out
this section for a fiscal year shall be apportioned to a
recipient described in subsection (a)(3) according to criteria
prescribed by the Secretary.
(e) Funding.--For fiscal years beginning after September 30,
2016, this section shall be funded under section 31104.
[all]