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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]