79–006 

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 

2 

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: 

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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. 

4 

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. 

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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 

* * * * * * * 

SUBTITLE VI—MOTOR VEHICLE AND DRIVER 

PROGRAMS 

* * * * * * * 

PART B—COMMERCIAL 

* * * * * * * 

CHAPTER 313—COMMERCIAL MOTOR VEHICLE 

OPERATORS 

* * * * * * * 

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§ 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). 

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(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) øCONTROLLED SUBSTANCE VIOLATIONS¿ LIFETIME DISQUALI- FICATION WITHOUT REINSTATEMENT.—øThe Secretary¿ (1) CON- TROLLED 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 

8 

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. 

9 

(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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