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[Senate Report 115-188]
[From the U.S. Government Publishing Office]

115th Congress    }                                  {         Report
                                 SENATE
 1st Session      }                                  {        115-188
_______________________________________________________________________

                                     

                 NO HUMAN TRAFFICKING ON OUR ROADS ACT

                               __________

                              R E P O R T

                                 of the

           COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION

                                   on

                                S. 1532

[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]

               November 30, 2017.--Ordered to be printed
                                   ______

                         U.S. GOVERNMENT PUBLISHING OFFICE 

79-010                         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

115th Congress    }                                  {         Report
                                 SENATE
 1st Session      }                                  {        115-188

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

 
                 NO HUMAN TRAFFICKING ON OUR ROADS ACT

                                _______
                                

               November 30, 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. 1532]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Commerce, Science, and Transportation, to 
which was referred the bill (S. 1532) 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, 
reports favorably thereon without amendment and recommends that 
the bill do pass.

                          Purpose of the Bill

    The purpose of S. 1532, the No Human Trafficking on Our 
Roads Act, would provide a lifetime ban from operating a 
commercial motor vehicle (CMV) for an individual who uses a CMV 
in committing a felony involving a severe form of trafficking 
in persons.

                          Background and Needs

    Current law prohibits an individual from operating a CMV if 
the individual is convicted of any of nine different enumerated 
offenses, including alcohol abuse, negligent manslaughter, and 
drug trafficking. The proposed legislation would add a felony 
involving a severe form of trafficking in persons to the list 
of disqualifying offenses, and like a controlled substance 
violation (49 U.S.C. 31310 (d)), the disqualification would be 
for life.
    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 a convenient place for sex traffickers to operate with 
minimal concerns for detection. The frequent movement of 
victims aids traffickers both in maintaining control of the 
victims and avoiding law enforcement. For example, victims who 
work in fake massage businesses are often rotated between 
cities so they do not establish relationships and seek help. 
Other forms of human trafficking, such as labor trafficking, 
have a presence in the trucking industry 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, the eyes and ears of 
roads nationwide. For example, the Committee heard testimony at 
a July 12, 2017, human trafficking hearing on how the trucking 
industry is an important part of the solution, including saving 
lives by identifying instances of human trafficking.
    Despite these important efforts, more can be done to combat 
human trafficking, and this bill would serve as an important 
deterrent measure, in addition to penalizing traffickers.

                         Summary of Provisions

    S. 1532 would disqualify, for life, an individual who uses 
a CMV in committing a felony involving a severe form of 
trafficking in persons from operating a CMV.

                          Legislative History

    S. 1532 was introduced by Senator Thune (for himself and 
Senators Klobuchar and Nelson) on July 12, 2017. Senators 
Cornyn, Rubio, Heller, and Blumenthal are also cosponsors. On 
August 3, 2017, the Committee, by voice vote, reported S. 1532 
favorably without amendment.
    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. 1532--No Human Trafficking on Our Roads Act

    S. 1532 would permanently prohibit anyone who has used a 
commercial vehicle to commit a felony involving human 
trafficking from operating a commercial motor vehicle in the 
future. Based on information from the Federal Motor Carrier 
Safety Administration (FMCSA), CBO estimates that implementing 
the bill would have no significant effect on the federal 
budget.
    State agencies that issue driver's licenses would be 
responsible for implementing the prohibition in the bill. Based 
on information from FMCSA, CBO expects that the agency would 
need to change policies and procedures as well as update the 
training that it offers for state inspectors and investigators 
who are responsible for combating criminal activities such as 
drug and human trafficking. For such work, CBO estimates that 
the agency would require about half the time of one full-time 
employee annually over the 2018-2022 period. CBO estimates that 
implementing the provisions of 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 S. 1532 would not affect direct spending or 
revenues; therefore, pay-as-you-go procedures do not apply. CBO 
estimates that enacting S. 1532 would not increase net direct 
spending or on-budget deficits in any of the four consecutive 
10-year periods beginning in 2028.
    S. 1532 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 individuals who commit acts of human trafficking 
are not issued commercial driver's licenses. States already 
screen applicants for a number of items, including drug 
offenses. Consequently, CBO estimates that the costs of the 
additional requirement would be small. Conditions of 
assistance, by definition in UMRA, are not considered 
intergovernmental mandates.
    The CBO staff contacts for this estimate are Sarah Puro 
(for federal costs) and Jon Sperl (for intergovernmental 
mandates). The estimate was approved by Theresa Gullo, 
Assistant Director for Budget Analysis.

                           Regulatory Impact

    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

    The bill affects commercial drivers license (CDL) holders 
already subject to disqualifying offenses at the Department of 
Transportation. Therefore, the number of persons covered would 
be consistent with current levels. Further, the 
disqualification that would be provided under S. 1532 would 
potentially impact CDL holders only if they were convicted of a 
felony involving a severe form of trafficking in persons.

                            economic impact

    The 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

    This legislation is not expected to result in additional 
paperwork. S. 1532 would not create any new programs, rather it 
would provide an additional offense to existing violations that 
warrant disqualification for life under section 31310 of title 
49, United States Code.

                   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 
``No Human Trafficking on Our Roads Act.''

Section 2. Lifetime disqualification without reinstatement.

    This section would amend section 31310(d) of title 49, 
United States Code, to include a lifetime disqualification 
without reinstatement for any individual who uses a CMV to 
commit a felony involving a severe form of trafficking in 
persons, as defined in paragraph (9) of 22 U.S.C. 7102.

                        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 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) * * *

                                  [all]
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