Port Drivers' Bill of Rights Act of 2017
This bill requires the Department of Transportation to establish a Truck Leasing Task Force to examine lease-to-own agreements entered into by commercial truck drivers. The task force must focus on: (1) the operation of agreements that drayage drivers have entered into, and (2) such agreements at the Port of Los Angeles and the Port of Long Beach.
Additionally, the task force must create and submit a report to Congress on its findings.
[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4144 Introduced in House (IH)]
<DOC>
115th CONGRESS
1st Session
H. R. 4144
To establish a task force on truck leasing, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
October 26, 2017
Mrs. Napolitano (for herself, Mr. Nadler, Mr. DeFazio, Mr. Lowenthal,
Ms. Barragan, Mr. Huffman, Mr. Johnson of Georgia, Mr. Takano, and Ms.
Norton) introduced the following bill; which was referred to the
Committee on Transportation and Infrastructure
_______________________________________________________________________
A BILL
To establish a task force on truck leasing, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Port Drivers' Bill of Rights Act of
2017''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) The labor of drayage and intermodal truck drivers is
vital to the movement of goods and to our Nation's economic
prosperity.
(2) Independent studies have repeatedly documented the low
pay and rampant worker misclassification in the port drayage
and intermodal industries.
(3) The Subcommittee on Highways and Transit of the House
Transportation and Infrastructure Committee held a hearing on
May 5, 2010, on the negative economic and environmental impacts
of port trucking.
(4) An investigation published in USA Today on June 16,
2017, titled ``Rigged'', detailed disturbing employer abuses
and called the work arrangements for many port truck drivers
modern-day indentured servitude.
(5) The California Labor Commissioner has issued decisions
awarding over 400 port drivers in excess of $40 million in back
pay due to wage and hour violations.
(6) Federal and State courts have consistently upheld the
California Labor Commissioner's authority to adjudicate these
claims and have rejected complaints that wage claims brought by
truck drivers with the Labor Commissioner are preempted by the
Federal Aviation Administration Authorization Act of 1994.
(7) The California Employment Development Department and
the New Jersey Department of Labor have awarded at least 50
port drivers unemployment and disability benefits.
(8) Regions 21 and 5 of the National Labor Relations Board
have issued several complaints against port trucking companies
for allegedly committing unfair labor practices after
investigations determined port drivers were being
misclassified.
(9) Drayage drivers at the Ports of Los Angeles and Long
Beach have engaged in at least 15 unfair labor practice strikes
over the past 3 years to protest misclassification, which have
caused picketing at marine terminals that delayed cargo and
created congestion.
(10) Many stakeholders in the movement of goods and
licensed motor carriers, including beneficial cargo owners and
third-party logistics providers, contribute to negative working
conditions for port truck drivers.
(11) Government officials have an opportunity and a
responsibility to improve the working conditions of port truck
drivers.
SEC. 3. SENSE OF CONGRESS.
It is the sense of Congress that truck drivers, including drayage
drivers, have the right to--
(1) be treated with honesty and respect;
(2) have full-time work guarantee a basic standard of
living;
(3) be covered by Federal, State, and local labor and
employment laws;
(4) be covered by workplace safety and health laws;
(5) be free from exploitative truck lease or rental
arrangements;
(6) not be misclassified as independent contractors and
denied legal protections, benefits, and pay; and
(7) bargain collectively for better wages and working
conditions.
SEC. 4. TRUCK LEASING TASK FORCE.
(a) Establishment.--Not later than 6 months after the date of
enactment of this Act, the Secretary of Transportation, in consultation
with the Secretary of Labor, shall establish the Truck Leasing Task
Force (hereinafter referred to as the ``Task Force'').
(b) Membership.--The Secretary of Transportation shall select not
more than 15 individuals to serve as members of the Task Force from the
following groups:
(1) Labor organizations.
(2) The motor carrier industry.
(3) Consumer protection groups.
(4) Safety groups.
(5) Members of the legal profession who specialize in
consumer finance issues.
(c) Duties.--The Task Force shall examine ``lease-to-own''
agreements that commercial truck drivers have entered into, with a
focus on--
(1) the operation of agreements that drayage drivers have
entered into; and
(2) such agreements at the Port of Los Angeles and the Port
of Long Beach.
(d) Powers.--The Task Force may conduct site visits and field
hearings, as necessary, to assist its efforts.
(e) Report.--
(1) In general.--The Task Force shall create a report
containing the following:
(A) The impact of truck leasing agreements on the
take-home pay of truck drivers.
(B) Whether the truck leasing agreements comply
with applicable local, State, and Federal law.
(C) Whether the Task Force determines that
legislation is necessary to protect the ability of
truck drivers to earn a living wage and, if so,
recommendations on such legislation.
(D) Whether the Task Force determines that changes
in regulations are necessary to protect the ability of
truck drivers to earn a living wage and, if so,
recommendations to the Secretary of Transportation and
the Secretary of Labor on such changes.
(2) Submission.--Not later than 1 year after the date on
which the Task Force is established pursuant to subsection (a),
the report created pursuant to paragraph (1) shall be submitted
to--
(A) the House Transportation and Infrastructure
Committee;
(B) the House Education and the Workforce
Committee;
(C) the Senate Committee on Commerce, Science, and
Transportation; and
(D) the Senate Committee on Health, Education,
Labor, and Pensions.
(f) Termination.--Not later than 1 month after the date of
submission of the report pursuant to subsection (e), the Task Force
shall terminate.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on Transportation and Infrastructure.
Referred to the Subcommittee on Highways and Transit.
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