[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[H. Res. 152 Introduced in House (IH)]







107th CONGRESS
  1st Session
H. RES. 152

  Urging the President to continue to delay granting Mexico-domiciled 
  motor carriers authority to operate in the United States beyond the 
 commercial zone until the President certifies that such carriers are 
  able and willing to comply with United States motor carrier safety, 
driver safety, vehicle safety, and environmental laws and regulations; 
  that the United States is able to adequately enforce such laws and 
 regulations at the United States-Mexico border and in each State; and 
 that granting such operating authority will not endanger the health, 
             safety, and welfare of United States citizens.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              May 24, 2001

Mr. Oberstar (for himself, Mr. Borski, Mr. Brown of Ohio, Mr. Gephardt, 
  Mr. Towns, Mr. Holden, Mr. Dingell, Mr. Filner, Mr. Rodriguez, Mr. 
 Lipinski, Mr. Pascrell, Mr. Baca, Mr. Honda, Mr. Baldacci, Mr. Quinn, 
  Ms. Berkley, Mr. Clement, Mr. Rahall, Mr. Cramer, Mr. DeFazio, Mr. 
Cummings, Mr. Costello, Ms. Eddie Bernice Johnson of Texas, Mr. Nadler, 
 Mr. Sandlin, Mr. McGovern, Ms. Millender-McDonald, Mr. Matheson, Mr. 
  Larsen of Washington, Mr. Berry, Mrs. Davis of California, and Mr. 
Mascara) submitted the following resolution; which was referred to the 
Committee on Transportation and Infrastructure, and in addition to the 
 Committees on Ways and Means, Energy and Commerce, 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 
                jurisdiction of the committee concerned

_______________________________________________________________________

                               RESOLUTION


 
  Urging the President to continue to delay granting Mexico-domiciled 
  motor carriers authority to operate in the United States beyond the 
 commercial zone until the President certifies that such carriers are 
  able and willing to comply with United States motor carrier safety, 
driver safety, vehicle safety, and environmental laws and regulations; 
  that the United States is able to adequately enforce such laws and 
 regulations at the United States-Mexico border and in each State; and 
 that granting such operating authority will not endanger the health, 
             safety, and welfare of United States citizens.

Whereas, in 1982, Congress imposed a two-year moratorium on granting operating 
        authority to Mexico-domiciled motor carriers outside the border 
        commercial zones because of concerns regarding the safe operation of 
        such carriers and authorized the President to remove or modify the 
        moratorium if such action were in the national interest;
Whereas the President extended the moratorium in 1984, 1986, 1988, 1990, and 
        1992, because of safety concerns and because it was in the United States 
        national interest;
Whereas, in 1994, the North American Free Trade Agreement provided a schedule 
        for the United States, Mexico, and Canada to establish a Land 
        Transportation Standards Subcommittee and develop compatible safety 
        standards for the parties' truck and bus operations; to be permitted to 
        establish enterprises in other parties' countries; and to be permitted 
        to obtain operating authority for cross-border trucking and bus services 
        to and from United States-Mexico border States and throughout the United 
        States, Mexico, and Canada;
Whereas the United States, Mexico, and Canada have not agreed to compatible 
        safety standards for truck and bus operations and have not implemented 
        the cross-border services and investment provisions of the North 
        American Free Trade Agreement;
Whereas, in 1995, Congress extended the President's authority, pursuant to the 
        Bus Regulatory Reform Act of 1982, to restrict access of Mexico-
        domiciled motor carriers to the United States and the President extended 
        the moratorium because of continued safety and security concerns 
        regarding Mexico-domiciled motor carriers operating in the United 
        States;
Whereas the President intends to open the United States to Mexico-domiciled 
        trucks and buses on January 1, 2002;
Whereas, in 1999, 5,380 people died and an additional 142,000 people were 
        injured in accidents in the United States involving 475,000 large trucks 
        and such large truck accidents imposed a total cost on society of more 
        than $34,000,000,000;
Whereas the United States Department of Transportation Inspector General issued 
        reports in December 1998, November 1999, and May 2001 finding that far 
        too few Mexico-domiciled trucks are being inspected at the United 
        States-Mexico border, too few inspected trucks comply with United States 
        safety standards, and the United States does not have a consistent 
        enforcement program that provides reasonable assurances of the safety of 
        Mexico-domiciled trucks entering the United States;
Whereas the General Accounting Office issued reports in April 1997 and March 
        2000 confirming serious safety deficiencies among Mexico-domiciled 
        trucks entering the United States and inadequate United States safety 
        inspection resources;
Whereas the Federal Motor Carrier Safety Administration reports that there were 
        approximately 4,500,000 northbound truck crossings into the United 
        States from Mexico during fiscal year 2000;
Whereas State and Federal safety officials performed inspections on 46,000 
        Mexico-domiciled trucks in fiscal year 2000, or one percent of such 
        crossings;
Whereas the Federal Motor Carrier Safety Administration reports that, during 
        fiscal year 2000, more than one-third (36 percent) of Mexico-domiciled 
        trucks inspected at the United States-Mexico border had significant 
        safety problems that required the trucks or drivers to be removed from 
        service and that this safety out-of-service rate is 50 percent greater 
        than the nationwide rate for United States-domiciled trucks;
Whereas, in a May 2001 audit, the Department of Transportation Inspector General 
        reports that the Federal Motor Carrier Safety Administration does not 
        have an implementation plan to ensure safe opening of the United States-
        Mexico border to commercial vehicles;
Whereas, in a May 2001 audit, the Department of Transportation Inspector General 
        finds that a direct correlation exists between the condition of Mexico-
        domiciled trucks entering the United States and the level of inspection 
        resources at the border;
Whereas, in a May 2001 audit, the Department of Transportation Inspector General 
        reports that the border States do not have permanent truck inspection 
        facilities at 25 of the 27 southern border crossings accounting for 79 
        percent of the truck traffic from Mexico (3,580,000 northbound crossings 
        in fiscal year 2000) and that existing inspection areas lack sufficient 
        and safe space to perform inspections and park out-of-service vehicles;
Whereas the Department of Transportation has not developed and implemented 
        border staffing standards for Federal and State motor carrier safety 
        inspectors even though the Motor Carrier Safety Improvement Act of 1999 
        specifically required that such standards be developed and implemented 
        by December 9, 2000;
Whereas, in a May 2001 audit, the Department of Transportation Inspector General 
        reports that there are only 50 Federal safety inspectors at the United 
        States-Mexico border, less than 36 percent of the minimum number of 
        Federal safety inspectors that the Inspector General estimated were 
        needed in 1998 (139 inspectors);
Whereas, in a May 2001 audit, the Department of Transportation Inspector General 
        reports that their 1998 estimate of a need for 139 Federal border safety 
        inspectors was a conservative number that did not account for expanded 
        hours of commercial port operations, continued commercial traffic 
        growth, and a fully opened border;
Whereas the Department of Transportation anticipates that border States will 
        shoulder greater responsibility for international truck safety 
        inspection and enforcement;
Whereas, in a May 2001 audit, the Department of Transportation Inspector General 
        reports that the border States do not provide inspectors during all 
        commercial vehicle operating hours at 25 of the 27 southern border 
        crossings accounting for 79 percent of the truck traffic from Mexico 
        (3,580,000 northbound crossings in fiscal year 2000);
Whereas Federal and State governments share important enforcement 
        responsibilities under provisions of title 49, United States Code, and 
        the Motor Carrier Safety Improvement Act of 1999 relating to the safety 
        and operation of foreign motor carriers and drivers in the United 
        States;
Whereas the United States Department of Transportation has failed to issue a 
        number of critical regulations relating to the safety and operation of 
        foreign motor carriers and drivers in the United States as required by 
        the Motor Carrier Safety Improvement Act of 1999;
Whereas State governments have not complied with provisions of the Motor Carrier 
        Safety Improvement Act of 1999 relating to the safety and operation of 
        foreign motor carriers and drivers in the United States;
Whereas there is no systematic method currently in place for verifying 
        registration information of Mexico-domiciled trucks to control access at 
        the United States-Mexico border;
Whereas, in a May 2001 audit, the Department of Transportation Inspector General 
        reports that Federal safety inspectors at 20 of 27 southern border 
        crossings did not have dedicated telephone lines to access databases, 
        such as those databases validating a commercial driver's license;
Whereas, in a May 2001 audit, the Department of Transportation Inspector General 
        reports that inspectors in border States that account for 77 percent of 
        truck traffic from Mexico did not routinely review the certificates of 
        registration because State laws are not compatible with Federal motor 
        carrier safety law requirements regarding operating authority and that, 
        according to State officials in such border States, legislation has not 
        been enacted to provide for enforcement against motor carriers that 
        operate in such States without a certificate of registration or operate 
        beyond the authority granted;
Whereas, in a November 1999 audit, the Department of Transportation Inspector 
        General specifically identified 254 Mexico-domiciled motor carriers that 
        were operating illegally beyond the commercial zones in 24 States and, 
        in a May 2001 audit, states that the Federal Motor Carrier Safety 
        Administration's fiscal year 2000 inspection data indicate that Mexico-
        domiciled motor carriers continue to be inspected at roadside outside 
        the commercial zones and border States;
Whereas the Motor Carrier Safety Improvement Act of 1999 increased fines for 
        foreign motor carriers intentionally operating without authority to not 
        more than $10,000 and 6-month disqualification for an initial operating 
        authority violation and not more than $25,000 and permanent 
        disqualification for a pattern of intentional operating authority 
        violations;
Whereas, in a May 2001 audit, the Department of Transportation Inspector General 
        reports that the Federal Motor Carrier Administration's assessed fines 
        for such operating authority violations have remained constant, 
        averaging $500 to $1,000;
Whereas the United States and Mexico have not reached an agreement providing 
        reciprocal rights for intercity bus service and terminal access;
Whereas the Government of Mexico has no systematic safety rating process in 
        place to evaluate the safety fitness of Mexico-domiciled motor carriers;
Whereas the Government of Mexico has no domestic roadside inspection program;
Whereas the Government of Mexico does not have specific hours-of-service 
        regulations for Mexico-domiciled truck drivers operating in Mexico, 
        seriously jeopardizing United States citizens if such drivers arrive at 
        the United States-Mexico border sleep-deprived and fatigued but are 
        still allowed to drive 10 consecutive hours in the United States before 
        resting;
Whereas despite a United States-Mexico agreement in 1998 that United States 
        standards for drug and alcohol testing will apply to Mexico-domiciled 
        motor carriers, Mexico does not have a laboratory, certified to United 
        States standards, to perform drug testing, and the Government of Mexico 
        has not implemented a credible and enforceable drug and alcohol testing 
        program;
Whereas the Government of Mexico allows much higher truck weights than currently 
        permitted in the United States and has no functioning system of 
        commercial vehicle size and weight monitoring and certification;
Whereas the general lack of truck weigh stations at southern border crossings 
        impedes efforts to ensure that Mexico-domiciled trucks operating in the 
        United States comply with United States truck size and weight 
        regulations;
Whereas, in an April 2001 report, the Congressional Research Service questioned 
        the adequacy and reliability of information systems that might help 
        United States enforcement officers review applications of Mexico-
        domiciled motor carriers for operating authority or audit Mexico-
        domiciled drivers operating in the United States;
Whereas there is no reasonable amount of accessible historical information 
        available upon which to evaluate the safety of Mexico-domiciled motor 
        carriers and drivers currently operating and seeking authority to 
        operate in the United States;
Whereas because of a lack of reliable, populated databases that compile 
        licensing and driving records of Mexico-domiciled truck drivers and the 
        licensing, safety records, and violations assessed against their trucks 
        and the inability to obtain financial records and do on-site inspections 
        and audits, the American trucking insurance industry, which is expected 
        to insure Mexico-domiciled motor carriers, has not been able to obtain 
        the information and do the inspections necessary prior to insuring 
        Mexico-domiciled motor carriers, as required by Federal motor carrier 
        safety laws;
Whereas under the North American Free Trade Agreement, Mexico-domiciled trucks 
        are required to meet United States safety and environmental standards 
        for heavy-duty trucks, including standards governing weight, brakes, and 
        emissions, which are stricter in the United States than in Mexico;
Whereas a Mexico-domiciled heavy-duty truck that uses roads in the United States 
        outside the commercial zones and that is engaged in interstate commerce 
        or imported into the United States is subject to regulation by the 
        National Highway Traffic Safety Administration pursuant to chapter 301 
        of title 49, United States Code;
Whereas motor vehicle safety laws prohibit any person from introducing into 
        interstate commerce or importing into the United States any heavy-duty 
        truck or other motor vehicle unless a label or tag is permanently 
        affixed to such vehicle certifying compliance with all applicable 
        Federal motor vehicle safety standards;
Whereas there is no procedure for ensuring that a label or tag certifying safety 
        compliance is permanently affixed to a heavy-duty truck that is imported 
        into or manufactured in Mexico and sold to a Mexico-domiciled motor 
        carrier that then introduces such truck into interstate commerce or 
        imports such truck into the United States;
Whereas motor vehicle safety laws require a manufacturer of a heavy-duty truck 
        or other motor vehicle to report any safety-related defect or 
        noncompliance with applicable Federal motor vehicle standards to the 
        Secretary of Transportation;
Whereas there is no procedure for requiring a heavy-duty truck manufacturer to 
        report safety-related defects or safety standard noncompliance to the 
        Secretary of Transportation with regard to a heavy-duty truck that is 
        sold to a Mexico-domiciled motor carrier that then introduces such 
        vehicle into interstate commerce or imports such truck into the United 
        States;
Whereas the Clean Air Act (42 U.S.C. 7401 et seq.) confers authority to the 
        Administrator of the Environmental Protection Agency to prescribe by 
        regulation standards applicable to the emission of any air pollutant 
        from any class of motor vehicle or motor vehicle engine which, in the 
        Administrator's judgment, causes or contributes to air pollution and may 
        reasonably be anticipated to endanger public health or welfare;
Whereas under such authority the Administrator has prescribed standards 
        applicable to heavy-duty trucks;
Whereas the Clean Air Act confers authority to the Administrator to regulate, 
        control, or prohibit the manufacture, introduction into commerce, or 
        offering for sale of any fuel or fuel additive for use in a motor 
        vehicle or motor vehicle engine if, in the judgment of the 
        Administrator, the emission product of such fuel or fuel additive causes 
        or contributes to air pollution which may reasonably be anticipated to 
        endanger the public health or welfare;
Whereas under such authority the Administrator has prescribed regulations and 
        controls on fuels and fuel additives used in motor vehicles and motor 
        vehicle engines including heavy-duty trucks; and
Whereas, in March 2001, the North American Commission for Environmental 
        Cooperation reports that trade resulting from the North American Free 
        Trade Agreement contributes significantly to air pollution, particularly 
        nitrous oxide and particulate matter (PM-10): Now, therefore, be it
    Resolved,

SECTION 1. DELAY ON GRANT OF OPERATING AUTHORITY.

    The House of Representatives calls on the President to continue to 
delay granting Mexico-domiciled motor carriers authority to operate in 
the United States beyond the commercial zone until--
            (1) the President certifies that such carriers are able and 
        willing to comply with United States motor carrier safety, 
        driver safety, vehicle safety, and environmental laws and 
        regulations; that the United States is able to adequately 
        enforce such laws and regulations at the United States-Mexico 
        border and in each State; and that granting such operating 
        authority will not endanger the health, safety, and welfare of 
        United States citizens;
            (2) the Secretary of Transportation specifically certifies 
        to Congress that--
                    (A) the safety of United States citizens traveling 
                on United States roads and highways will not be 
                jeopardized by granting such operating authority;
                    (B) United States standards governing commercial 
                motor carrier safety and environmental protection have 
                not been reduced in order to allow access for Mexico-
                domiciled trucks and buses to travel throughout the 
                United States;
                    (C) the Federal Motor Carrier Safety Administration 
                has developed and is implementing a plan to ensure safe 
                opening of the United States-Mexico border to 
                commercial vehicles;
                    (D) Mexico-domiciled trucks and buses will achieve 
                a level of operational safety that is at least equal to 
                that of United States- and Canada-domiciled trucks and 
                buses operating in the United States when such Mexico-
                domiciled vehicles are operating on United States roads 
                and highways;
                    (E) permanent inspection facilities are operational 
                at all United States-Mexico commercial motor vehicle 
                border crossings;
                    (F) the United States has a consistent and fully 
                funded inspection and enforcement program that provides 
                reasonable assurances of the safety of Mexico-domiciled 
                trucks, buses, and drivers entering the United States;
                    (G) the number of full-time Federal safety 
                inspectors at the United States-Mexico border has 
                increased and is maintained at a level not less than 
                the number of positions necessary as recommended by the 
                Department of Transportation Inspector General in a 
                2001 audit;
                    (H) all United States-Mexico border commercial 
                motor vehicle crossings are manned by safety inspectors 
                during all hours of commercial vehicle operations;
                    (I) all Mexico-domiciled trucks and buses entering 
                the United States will undergo a level-1 commercial 
                motor vehicle safety inspection by Federal or State 
                inspectors at least once every 90 days;
                    (J) the average out-of-service rate of Mexico-
                domiciled trucks and buses inspected at the United 
States-Mexico border is comparable with the average out-of-service rate 
of United States-domiciled and Canada-domiciled trucks and buses 
operating in the United States;
                    (K) the Department of Transportation and the States 
                have taken all necessary actions to implement the 
                following provisions of the Motor Carrier Safety 
                Improvement Act of 1999 (Public Law 106-159) and other 
                laws relating to the safety and operation of foreign 
                motor carriers and drivers in the United States:
                            (i) section 13902(e) of title 49, United 
                        States Code, authorizing the Department to 
                        place a vehicle out of service if the carrier 
                        is operating without registration or beyond the 
                        scope of its registration and prohibiting 
                        foreign motor carriers from operating vehicles 
                        in interstate commerce within the United States 
                        without evidence of registration;
                            (ii) section 31144(c) of such title 
                        requiring the Department to require, by 
                        regulation, that motor carriers who are granted 
                        new operating authority undergo a safety review 
                        within 18 months of commencing operations;
                            (iii) section 210(b) of such Act (49 U.S.C. 
                        31144 note; 113 Stat. 1765), requiring the 
                        Department to initiate a rulemaking to 
                        establish minimum requirements for applicant 
                        motor carriers, including foreign motor 
                        carriers, to ensure they are knowledgeable 
                        about Federal motor carrier safety standards, 
                        including administration of a proficiency exam;
                            (iv) section 31148 of title 49, United 
                        States Code, requiring the Department to 
                        complete a rulemaking by December 9, 2000, to 
                        improve training and provide for the 
                        certification of motor carrier safety auditors, 
                        including private contractors, to conduct 
                        safety inspection audits;
                            (v) section 212 of such Act (113 Stat. 
                        1766), requiring the Department to complete a 
                        rulemaking by December 9, 2000, to determine to 
                        what extent Federal motor carrier safety 
                        regulations should apply to small commercial 
                        passenger carrying vans transporting between 9 
                        and 15 passengers including the driver and, at 
                        a minimum, to apply such regulations to 
                        ``camionetas'';
                            (vi) sections 218(a) and 218(b) of such Act 
                        (49 U.S.C. 31133 note; 113 Stat. 1767), 
                        requiring that border staffing standards be 
                        developed and implemented for Federal and State 
                        motor carrier safety inspectors not later than 
                        December 9, 2000;
                            (vii) section 219(a) of such Act (49 U.S.C. 
                        14901 note; 113 Stat. 1768), providing that 
                        foreign motor carriers that operate without 
                        authority outside of the commercial zone will 
                        be liable for specified civil penalties and may 
                        be disqualified from operating in the United 
                        States;
                            (viii) section 219(d) of such Act (49 
                        U.S.C. 14901 note; 113 Stat. 1768), prohibiting 
                        foreign motor carriers from leasing their 
                        commercial motor vehicles to any other carrier 
                        to transport property in the United States 
                        during the period in which a suspension, 
                        condition, restriction, or limitation imposed 
                        under section 13902(c) of title 49, United 
                        States Code, applies to such carrier;
                            (ix) revision of Application Form for 
                        Mexican Motor Carriers: To Operate Beyond 
                        Commercial Zones, as published in the Federal 
                        Register of May 3, 2001 (66 Fed. Reg. 22371), 
                        and as modified thereafter;
                            (x) revision of Application Form for 
                        Mexican Motor Carriers: NAFTA, as published in 
                        the Federal Register of May 3, 2001 (66 Fed. 
                        Reg. 22328), and as modified thereafter; and
                            (xi) accelerated Safety Monitoring System 
                        and Compliance Initiative for Mexican Motor 
                        Carriers Operating in the United States, as 
                        published in the Federal Register of May 3, 
                        2001 (66 Fed. Reg. 22415), and as modified 
                        thereafter;
                    (L) the United States and Mexico have signed an 
                agreement providing reciprocal rights for any intercity 
                bus service and terminal access;
                    (M) with respect to Mexico-domiciled motor carriers 
                currently operating or seeking authority to operate in 
the United States, the Government of Mexico has in place and 
operational a systematic safety rating process to evaluate the safety 
fitness of Mexico-domiciled motor carriers;
                    (N) with respect to Mexico-domiciled motor carriers 
                currently operating or seeking authority to operate in 
                the United States, the Government of Mexico has in 
                place and operational a domestic roadside inspection 
                program;
                    (O) with respect to Mexico-domiciled motor carriers 
                currently operating or seeking authority to operate in 
                the United States, the Government of Mexico has issued 
                and implemented a credible and enforceable drug and 
                alcohol testing program that meets United States 
                standards;
                    (P) with respect to Mexico-domiciled motor carriers 
                currently operating or seeking authority to operate in 
                the United States, the Government of Mexico has issued 
                and implemented hours of service regulations for 
                Mexico-domiciled drivers, including requirements for 
                audited log books;
                    (Q) permanent weigh stations are operational at all 
                United States-Mexico border crossings to ensure that 
                Mexico-domiciled trucks operating in the United States 
                are in compliance with United States truck size and 
                weight regulations;
                    (R) with respect to Mexico-domiciled motor carriers 
                currently operating or seeking authority to operate in 
                the United States, the Government of Mexico has in 
                place and operational an accessible safety database to 
                record accidents, infractions, and inspections of 
                Mexico-domiciled motor carriers and drivers;
                    (S) there is a reasonable amount of accessible 
                historical information available upon which to evaluate 
                the safety of Mexico-domiciled motor carriers and 
                drivers currently operating and seeking authority to 
                operate in the United States; and
                    (T) the manufacturer of heavy-duty trucks that are 
                imported into or manufactured in Mexico, sold to a 
                Mexico-domiciled motor carrier and proposed for 
                introduction or delivery into interstate commerce or 
                importation into the United States, is in compliance 
                with any notice, certification, or disclosure 
                requirement of, or safety standard issued pursuant to, 
                chapter 301 of title 49, United States Code, to the 
                same extent that such requirement or standard applies 
                to any heavy-duty truck manufacturer regulated by the 
                National Highway Traffic Safety Administration under 
                that chapter; and
            (3) the Administrator of the Environmental Protection 
        Agency specifically certifies to Congress that the 
        Administrator has taken all necessary steps to ensure that the 
        manufacturer, owner, and operator of Mexico-domiciled trucks 
        operating outside a commercial zone comply with any notice, 
        certification, disclosure requirement of, or environmental 
        standard issued pursuant to the Clean Air Act (42 U.S.C. 7401 
        et seq.) to the same extent that such requirement or standard 
        applies to any heavy-duty truck or heavy-duty truck engine 
        regulated by the Environmental Protection Agency.

SEC. 2. MEXICO-UNITED STATES AGREEMENT AND JOINT ACTIONS.

    The House of Representatives calls on the Governments of Mexico and 
the United States--
            (1) to agree to uniform application to United States- and 
        Mexico-domiciled motor carriers and drivers of the highest 
        standards regarding safety, environmental protection, and 
        driver competency, licensing, and hours of service;
            (2) to improve truck and bus inspection and enforcement 
        programs and increase the number of trucks and buses that are 
        inspected; and
            (3) to consider truck and bus safety to be of paramount 
        importance to the relationship between the United States and 
        Mexico.
                                 <all>