[Senate Report 115-327]
[From the U.S. Government Publishing Office]


						   Calendar No. 560

115th Congress}                                            { Report
                                 SENATE
  2d Session  }                                            { 115-327

======================================================================

                    INTERSTATE TRANSPORT ACT OF 2017

                               __________

                              R E P O R T

                                 OF THE

           COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION

                                   ON

                                S. 1092

[GRAPHICS NOT AVAILABLE IN TIFF FORMAT]


                August 27, 2018.--Ordered to be printed
      
      
      SENATE COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION
                     
                     one hundred fifteenth congress
                             second 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                  TOM UDALL, New Mexico
JAMES M. INHOFE, Oklahoma            GARY C. PETERS, Michigan
MIKE LEE, Utah                       TAMMY BALDWIN, Wisconsin
RON JOHNSON, Wisconsin               TAMMY DUCKWORTH, Illinois
SHELLEY MOORE CAPITO, West Virginia  MARGARETWOODHASSAN,NewHampshire
CORY GARDNER, Colorado               CATHERINE CORTEZ MASTO, Nevada
TODD C. YOUNG, Indiana               JON TESTER, Montana
                       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
           
           
           
  
						   Calendar No. 560

115th Congress}                                            { Report
                                 SENATE
  2d Session  }                                            { 115-327

======================================================================         
 
                    INTERSTATE TRANSPORT ACT OF 2017

                                _______
                                

                August 27, 2018.--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. 1092]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Commerce, Science, and Transportation, to 
which was referred the bill (S. 1092) to protect the right of 
law-abiding citizens to transport knives interstate, 
notwithstanding a patchwork of local and State prohibitions, 
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 purpose of S. 1092 is to allow a knife owner to legally 
carry a knife while transiting through a State that restricts 
knives, as long as the knife owner is traveling from a State 
where a knife is legal to another State where a knife is legal 
and the knife is properly secured. S. 1092 does not apply to 
travel on commercial aircraft.

                          Background and Needs

    Knife laws vary from State to State; in some States it is 
illegal to carry many types of knives. If a knife owner, 
legally carrying a knife in one State, transits through a State 
where carrying the same knife is illegal, the individual is 
subject to arrest or fine. This makes it burdensome for a legal 
knife owner to travel across State lines for work, recreation, 
or other purposes. A similar interstate legal framework was 
addressed in 1986 for firearms under the Firearms Owners' 
Protection Act (FOPA).\1\ FOPA allows a firearm owner to 
legally transit a firearm across State lines as long as the 
firearm is properly secured and legal in both the State of 
origin and the State of destination.
---------------------------------------------------------------------------
    \1\P.L. 99-308; 100 Stat. 449.
---------------------------------------------------------------------------

                         Summary of Provisions

    If enacted, S. 1092 would do the following:
   Allow an individual to transport a properly secured 
knife from one State in which the knife is legal, through any 
State, to another State in which the knife is legal.
   Allow emergency knives to be accessible to drivers 
and passengers.
   Provide protection from wrongful arrests.

                          Legislative History

    S. 1092 was introduced on May 10, 2017, by Senator Enzi 
(for himself and Senators Daines, Heinrich, Manchin, Risch, and 
Wyden). Senators Udall, Crapo, Merkley, Lee, and Baldwin are 
also cosponsors of the bill. On June 27, 2018, the Committee 
met in open Executive Session, and by voice vote, ordered S. 
1092 reported favorably with an amendment (in the nature of a 
substitute). The reported bill closely resembles a bill that 
the Committee favorably reported by voice in the 114th 
Congress.
    On January 3, 2017, Representative Andy Biggs (R-AZ) 
introduced H.R. 84, The Knife Owners Protection Act of 2017. 
That bill is similar to S. 1092, but it also would allow a 
knife owner to sue States and municipalities that unlawfully 
arrest an individual transporting a knife. H.R. 84 also would 
repeal the Switchblade Knife Act,\2\ which makes it illegal to 
manufacture, import, distribute, sell, or transport any knife 
considered a switchblade. Senator Crapo also has introduced S. 
1779, Freedom of Commerce Act, which would legalize 
switchblades.
---------------------------------------------------------------------------
    \2\15 U.S.C. 1241 et seq.
---------------------------------------------------------------------------
    Similar bills to S. 1092 and H.R. 84 were introduced in the 
114th Congress by Senator Enzi (S. 567, S. 1315) and 
Representative Matt Salmon (H.R. 419). S. 1092 reflects 
negotiated language with bipartisan support.

                            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. 1092--Interstate Transport Act of 2018

    S. 1092 would allow people to transport a knife between 
jurisdictions where it is legal to possess and carry such a 
knife if certain conditions are met. (That authority would not 
apply to people who are otherwise prohibited from lawfully 
possessing, transporting, shipping, or receiving knives.) S. 
1092 also would repeal the Federal Switchblade Act, thus 
removing federal prohibitions related to the interstate 
commerce of switchblade knives.
    CBO estimates that enacting S. 1092 would not affect the 
federal budget. Using information from the Department of 
Homeland Security, CBO expects that the bill would not affect 
federal spending related to transportation security or the 
enforcement of laws related to possessing and transporting 
knives. (Such spending is subject to appropriation.) S. 1092 
would not affect direct spending or revenues; therefore, pay-
as-you-go procedures do not apply.
    CBO estimates that enacting S. 1092 would not increase net 
direct spending or on-budget deficits in any of the four 
consecutive 10-year periods beginning in 2029.
    S. 1092 would impose an intergovernmental mandate as 
defined in the Unfunded Mandates Reform Act (UMRA) by 
preempting some state and local laws related to possessing and 
transporting knives. Laws regulating knives vary from state to 
state. If enacted, the bill would allow people to possess 
knives in states where they are illegal if the person is 
traveling to and from states where the knife is legal, so long 
as the knife is secured, or if the knife is a safety blade 
designed for cutting seatbelts. The costs for state and local 
governments to comply with that mandate would include the cost 
to change protocols and train law enforcement officers. CBO 
estimates the total costs for state and local governments would 
be small and would not exceed the threshold established in UMRA 
($80 million in 2018, adjusted annually for inflation).
    S. 1092 contains no private-sector mandates as defined in 
UMRA.
    The CBO staff contacts for this estimate are Megan Carroll 
(for federal costs) and Jon Sperl (for mandates). The estimate 
was reviewed by H. Samuel Papenfuss, Deputy 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. 1092, as reported, would allow millions of knife owners 
to legally travel with their knives across State lines for 
work, recreation, or other purposes.

                            economic impact

    Enactment of this legislation is not expected to have a 
negative impact on the Nation's economy.

                                privacy

    The reported bill is not expected to impact the personal 
privacy of individuals.

                               paperwork

    S. 1092 would not create increases in paperwork burdens if 
enacted.

                   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 bill may be cited as 
the ``Interstate Transportation Act of 2018.''

Section 2. Interstate transportation of knives.

    This section would federally authorize knife owners to 
travel by ground through a State that restricts knives, as long 
as the knife owners are traveling from a State in which the 
knives are legal to another State in which the knives are 
legal. Furthermore, this section would require that the knives 
be properly secured, either by being inaccessible from the 
passenger compartment or, in the case with no passenger 
compartment, by being locked in a container that is not a glove 
compartment or console. This requirement would not apply to 
emergency knives, which are defined as tools with blunt tipped 
or guarded blades for cutting safety belts to enable escape. 
Knife owners traveling by passenger aircraft subject to the 
jurisdiction of the Transportation Safety Administration are 
not covered by the provisions of this section.
    Section 2 would explicitly prohibit the detention of a 
knife owner who is in compliance with this section--absent 
probable cause that an owner is not in compliance--and would 
further allow a defendant to invoke this section as an 
affirmative defense in any civil or criminal proceeding.

                        Changes in Existing Law

    In compliance with paragraph 12 of rule XXVI of the 
Standing Rules of the Senate, the Committee states that the 
bill as reported would make no change to existing law.

                                  [all]