[House Report 115-467]
[From the U.S. Government Publishing Office]
115th Congress } { Report
HOUSE OF REPRESENTATIVES
1st Session } { 115-467
======================================================================
COMBATING HUMAN TRAFFICKING IN COMMERCIAL VEHICLES 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
[To accompany H.R. 3813]
[Including cost estimate of the Congressional Budget Office]
The Committee on Transportation and Infrastructure, to whom
was referred the bill (H.R. 3813) 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, report favorably thereon
without amendment and recommend that the bill do pass.
CONTENTS
Page
Purpose of Legislation........................................... 2
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..................................... 4
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. 3813 directs the Department of Transportation
(Department) to take certain actions and amends eligibilities
under existing grant programs to help combat 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.
H.R. 3813 directs the Secretary of Transportation to
designate a human trafficking prevention coordinator from
within the Department. The bill expands the scope of activities
authorized under the Federal Motor Carrier Safety
Administration's (FMCSA) outreach and education program and
commercial driver's license program implementation grants to
include human trafficking prevention activities. H.R. 3813 also
directs the Secretary to establish an advisory committee on
human trafficking.
Hearings
No hearings were held on H.R. 3813.
Legislative History and Consideration
On September 21, 2017, Congresswoman Elizabeth Esty (D-CT)
introduced H.R. 3813.
On November 30, 2017, the Committee on Transportation and
Infrastructure met in open session to consider H.R. 3813. The
Committee ordered the bill to be reported favorably to the
House by 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. 3813.
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. 3813 from the
Director of the Congressional Budget Office:
U.S. Congress,
Congressional Budget Office,
Washington, DC, December 12, 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. 3813, the
Combating Human Trafficking in Commercial Vehicles 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. 3813--Combating Human Trafficking in Commercial Vehicles Act
H.R. 3813 would require the Department of Transportation
(DOT) to designate an official to coordinate agency activities
designed to prevent and address human trafficking, establish an
advisory committee on human trafficking within DOT, and to
authorize the use of certain grant funds administered by the
Federal Motor Carrier Safety Administration (FMCSA) for
activities related to preventing human trafficking. Using
information from DOT, CBO estimates that implementing the
provisions of the bill would require one or two additional
employees per year over the 2019-2022 period, at a total cost
of $1 million. Such spending would be subject to the
availability of appropriated funds.
In recent years, FMCSA has been appropriated $4 million per
year for education and outreach grants and about $32 million
per year for the Commercial Driver's License Financial
Assistance Program. While H.R. 3813 would expand the eligible
expenses that could be covered by those grants, because states
already have flexibility in choosing how they use their grant
funds, CBO estimates, this additional authority would have no
significant cost.
Enacting H.R. 3813 would not affect direct spending or
revenues; therefore, pay-as-you-go procedures do not apply. CBO
estimates that enacting H.R. 3813 would not increase net direct
spending or on-budget deficits in any of the four consecutive
10-year periods beginning in 2028.
H.R. 3813 contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act.
On August 29, 2017 CBO provided an estimate for S. 1536,
the Combating Human Trafficking in Commercial Vehicles 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 contact for this estimate is Sarah Puro. The
estimate was approved by H. Samuel Papenfuss.
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. 3813 is to assist with
preventing human trafficking across different modes of
transportation.
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. 3813 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. 3813 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. 3813 does not
preempt any state, local, or tribal law.
Advisory Committee Statement
Section 5 of H.R. 3813 establishes an advisory committee
within the meaning of section 5(b) of the Federal Advisory
Committee Act (FACA)(5 U.S.C. app.). Pursuant to section 5 of
the Federal Advisory Committee Act, the Committee determines
that the functions of the advisory committee and the working
groups are not being carried out by existing agencies or
advisory commissions. The Committee also determines that the
advisory committee and the working groups have a clearly
defined purpose, fairly balanced membership, and meet all of
the other requirements of section 5(b) of the Federal Advisory
Committee Act.
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
Combatting Human Trafficking in Commercial Motor Vehicles Act.
Section 2. Human trafficking prevention coordinator
Section 2 directs the Secretary of Transportation to
designate a human trafficking prevention coordinator from
within the Department.
Section 3. Expansion of outreach and education program
Section 3 expands the scope of activities authorized under
the FMCSA's outreach and education program to include human
trafficking prevention activities.
Section 4. Expansion of commercial driver's license financial
assistance program
Section 4 expands the scope of eligible activities under
the FMCSA's commercial driver's license program implementation
grants to include human trafficking prevention activities.
Section 5. Establishment of the department of transportation advisory
committee on human trafficking
Section 5 directs the Secretary to establish an advisory
committee on 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 311--COMMERCIAL MOTOR VEHICLE SAFETY
SUBCHAPTER I--GENERAL AUTHORITY AND STATE GRANTS
* * * * * * *
Sec.
31110. Authorization of appropriations.
* * * * * * *
SUBCHAPTER I--GENERAL AUTHORITY AND STATE GRANTS PROGRAMS
* * * * * * *
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.
* * * * * * *
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.
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[all]