[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[H. Res. 602 Introduced in House (IH)]






106th CONGRESS
  2d Session
H. RES. 602

 Supporting the policy announced by the Secretary of Transportation to 
delay implementation of the provisions of the North American Free Trade 
  Agreement that allow access for Mexican trucks to all United States 
               roads as of 2000, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           September 28, 2000

 Mr. Brown of Ohio (for himself, Mr. Bonior, Mr. Obey, Mr. Borski, Ms. 
     Pelosi, Mr. Lipinski, and Ms. Kaptur) submitted the following 
resolution; which was referred to the Committee on Ways and Means, and 
in addition to the Committees on Transportation and Infrastructure, and 
International Relations, for a period to be subsequently determined by 
the Speaker, in each case for consideration of such provisions as fall 
          within the jurisidiction of the committee concerned

_______________________________________________________________________

                               RESOLUTION


 
 Supporting the policy announced by the Secretary of Transportation to 
delay implementation of the provisions of the North American Free Trade 
  Agreement that allow access for Mexican trucks to all United States 
               roads as of 2000, and for other purposes.

Whereas the North American Free Trade Agreement provides that a person of Mexico 
        will be permitted to obtain operating authority for cross-border truck 
        services to and from border States beginning December 18, 1995, and for 
        such services throughout the United States beginning January 1, 2000;
Whereas the Secretary of Transportation, citing safety concerns, has delayed 
        implementation of these provisions and has continued to enforce 
        provisions of chapter 139 of title 49, United States Code, that limit 
        operation of the vast majority of Mexican trucks to commercial zones 
        along the United States-Mexico border;
Whereas on September 22, 1998, the Government of Mexico filed a complaint with 
        an arbitral panel under the North American Free Trade Agreement to 
        protest this delay, and the arbitral panel is expected to rule on the 
        complaint in September 2000;
Whereas in a December 1998 audit, the Department of Transportation Inspector 
        General found that 44 percent of Mexican trucks inspected at the United 
        States border had significant problems that required the trucks to be 
        removed from service, such as brake or tire failures, in comparison to 
        25 percent of United States trucks inspected;
Whereas in a November 1999 audit, the Department of Transportation Inspector 
        General found that Mexican-based motor carriers have been illegally 
        operating trucks on United States roads, including approximately 130 
        such carriers illegally operating beyond the border States and 
        approximately 505 such carriers illegally operating beyond the 
        commercial zones along the United States border;
Whereas the growing flow of Mexican-made goods entering the United States under 
        the North American Free Trade Agreement has dramatically increased the 
        number of trucks entering the United States to approximately 4,000,000 
        annually;
Whereas in 1998 only slightly more than 1.6 percent of the trucks entering the 
        United States were inspected, of which only about 24,000 were Mexican 
        trucks;
Whereas in 1998 approximately \1/3\ of the 4,000,000 trucks crossing the United 
        States-Mexico border into the United States crossed at Laredo, Texas, 
        and that year only 1,249 Mexican trucks were inspected there;
Whereas the United States has a national commercial driver license information 
        system to detect trucking violations, but Mexico has no such system;
Whereas a United States truck driver may operate multi-trailer trucks or haul 
        hazardous materials only if certified, but a Mexican truck driver does 
        not need any specific certification or endorsement for these activities;
Whereas to maintain a United States truck driver license, a person must have 
        attained 21 years of age, drive no longer than 10 hours each shift, keep 
        a log of hours worked, pass a knowledge and skills test, and have 
        regular health exams and a separate medical card;
Whereas to maintain a Mexican truck driver license, a person must have attained 
        only 18 years of age, may drive an unlimited number of hours each shift, 
        and need not keep a log of hours worked, pass a knowledge and skills 
        test or health exam, or have a separate medical card; and
Whereas the Government of Mexico has improved standards of safety, environmental 
        protection, and driver competency, licensing, and hours of service since 
        the signing of the North American Free Trade Agreement, but has not yet 
        implemented standards equivalent to those that apply to United States 
        trucks on United States roads: Now, therefore, be it
    Resolved, That the House of Representatives--
            (1) supports the policy announced by the Secretary of 
        Transportation on December 18, 1995, to delay implementation of 
        certain provisions of the North American Free Trade Agreement 
        that allow increased access for Mexican trucks to United States 
        roads;
            (2) recognizes the existence of compelling data reported by 
        the Department of Transportation Inspector General regarding 
        the danger posed on both sides of the United States-Mexico 
        border by unsafe Mexican trucks, based on--
                    (A) the high inspection failure rate of Mexican 
                trucks at the border;
                    (B) the lack of comprehensive border truck 
                inspection; and
                    (C) the unresolved differences in the truck driver 
                license requirements of the United States and Mexico;
            (3) disapproves of the action by the Mexican government to 
        formally challenge before an arbitral panel under the North 
        American Free Trade Agreement the delay by the United States in 
        implementing the open border trucking provisions of the North 
        American Free Trade Agreement, based on the careful 
        documentation by the United States of the unresolved safety 
        problems that necessitate the delay;
            (4) calls on the Governments of Mexico and the United 
        States--
                    (A) to agree to uniform application to United 
                States and Mexican trucks and drivers of the highest 
                standards regarding safety, environmental protection, 
                and driver competency, licensing, and hours of service;
                    (B) to improve truck inspection programs and 
                increase the number of trucks inspected; and
                    (C) to consider road and truck safety to be of 
                paramount importance to the relationship between the 
                United States and Mexico; and
            (5) calls on the President to refuse access to United 
        States roads outside the commercial zones along the United 
        States-Mexico border to Mexican trucks that are currently 
        restricted to these zones, regardless of the ruling by the 
        arbitral panel, until the Department of Transportation 
        Inspector General has certified that--
                    (A) Mexican trucks and drivers are complying with 
                standards of safety, environmental protection, and 
                driver competency, licensing, and hours of service 
                equivalent to standards that apply to United States 
                trucks on United States roads; and
                    (B) Mexican trucks inspected on entering the United 
                States are passing inspection in the same percentage as 
                Canadian trucks inspected on entering the United 
                States.
                                 <all>