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                                                      Calendar No. 161
116th Congress       }                                  {       Report
                                 SENATE
 1st Session         }                                  {       116-65
_______________________________________________________________________

                                     

 
                    INTERSTATE TRANSPORT ACT OF 2019

                               __________

                              R E P O R T

                                 of the

          COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION

                                   on

                                 S. 542











[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]












                 July 24, 2019.--Ordered to be printed
                                   ______
		 
                     U.S. GOVERNMENT PUBLISHING OFFICE 
		 
89-010                    WASHINGTON : 2019                 



























       SENATE COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION
                     one hundred sixteenth congress
                             first session

                 ROGER F. WICKER, Mississippi, Chairman
JOHN THUNE, South Dakota             MARIA CANTWELL, Washington
ROY BLUNT, Missouri                  AMY KLOBUCHAR, Minnesota
TED CRUZ, Texas                      RICHARD BLUMENTHAL, Connecticut
DEB FISCHER, Nebraska                BRIAN SCHATZ, Hawaii
JERRY MORAN, Kansas                  EDWARD J. MARKEY, Massachusetts
DAN SULLIVAN, Alaska                 TOM UDALL, New Mexico
CORY GARDNER, Colorado               GARY C. PETERS, Michigan
MARSHA BLACKBURN, Tennessee          TAMMY BALDWIN, Wisconsin
SHELLEY MOORE CAPITO, West Virginia  TAMMY DUCKWORTH, Illinois
MIKE LEE, Utah                       JON TESTER, Montana
RON JOHNSON, Wisconsin               KYRSTEN SINEMA, Arizona
TODD C. YOUNG, Indiana               JACKY ROSEN, Nevada
RICK SCOTT, Florida
                       John Keast, Staff Director
               David Strickland, Minority Staff Director


















                                                      Calendar No. 161
116th Congress       }                                  {       Report
                                 SENATE
 1st Session         }                                  {       116-65

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



 
                    INTERSTATE TRANSPORT ACT OF 2019

                                _______
                                

                 July 24, 2019.--Ordered to be printed

                                _______
                                

       Mr. Wicker, from the Committee on Commerce, Science, and 
                Transportation, submitted the following

                              R E P O R T

                         [To accompany S. 542]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Commerce, Science, and Transportation, to 
which was referred the bill (S. 542) 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 without 
amendment and recommends that the bill do pass.

                          Purpose of the Bill

    The purpose of S. 542 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 during transport. S. 542 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\Public Law 99-308; 100 Stat. 449.
---------------------------------------------------------------------------

                         Summary of Provisions

    If enacted, S. 542 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. 542, the Interstate Transport Act of 2019, was 
introduced on February 25, 2019, by Senator Enzi (for himself 
and Senators Wyden, Risch, Heinrich, Crapo, Merkley, and 
Manchin) and was referred to the Committee on Commerce, 
Science, and Transportation of the Senate. On April 3, 2019, 
the Committee met in open Executive Session and, by voice vote, 
ordered S. 542 reported favorably without amendment.
    On January 3, 2019, H.R. 88, the Knife Owners Protection 
Act of 2019, was introduced by Representative Biggs (for 
himself and Representatives Meadows, Latta, Duncan, and Lesko) 
and was referred to the Subcommittee on Consumer Protection and 
Commerce of the Committee on Energy and Commerce of the House 
of Representatives and to the Subcommittee on Crime, Terrorism, 
and Homeland Security of the Committee on the Judiciary of the 
House of Representatives. Representatives Gosar and Weber are 
additional cosponsors. H.R. 88 is similar to S. 542, but it 
also would allow a knife owner to sue States and municipalities 
that unlawfully arrest an individual transporting a knife. H.R. 
88 also would repeal the Switchblade Knife Act,\2\ which makes 
it illegal to manufacture, import, distribute, sell, or 
transport any knife considered a switchblade.
---------------------------------------------------------------------------
    \2\15 U.S.C. 1241 et seq.
---------------------------------------------------------------------------
    Similar bills to S. 542 and H.R. 88 were introduced in the 
115th Congress by Senator Enzi (S. 1092) and Representative 
Biggs (H.R. 84). On August 27, 2018, the Committee on Commerce, 
Science, and Transportation of the Senate met in open Executive 
Session and, by voice vote, ordered S. 1092, the Interstate 
Transport Act of 2018, reported favorably with an amendment (in 
the nature of a substitute). On December 11, 2018, S. 1092 was 
further amended on the floor and passed the Senate by unanimous 
consent. S. 542 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: 

[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]


    S. 542 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.)
    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. 542 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 ($82 million in 
2019, adjusted annually for inflation).
    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. 542, 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. 542 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 2019.''

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 also would explicitly prohibit the arrest 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 to recoup 
costs and reasonable attorney's fees and have the record 
expunged in any civil or criminal proceeding where the 
defendant is a prevailing party.

                        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]