[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[S. 965 Introduced in Senate (IS)]







107th CONGRESS
  1st Session
                                 S. 965

To impose limitations on the approval of applications by certain motor 
     carriers domiciled in Mexico until certain conditions are met.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                              May 25, 2001

 Mr. Dorgan (for himself and Mr. Reid) introduced the following bill; 
    which was read twice and referred to the Committee on Commerce, 
                      Science, and Transportation

_______________________________________________________________________

                                 A BILL


 
To impose limitations on the approval of applications by certain motor 
     carriers domiciled in Mexico until certain conditions are met.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. LIMITATIONS ON APPROVAL OF APPLICATIONS BY MEXICAN MOTOR 
              CARRIERS.

    (a) In General.--Notwithstanding any other provision of law, the 
Secretary of Transportation may not approve under section 13902 of 
title 49, United States Code, an application to transport cargo in 
foreign commerce across the United States-Mexico border made by a motor 
carrier that is domiciled in Mexico until 30 days after the date that 
the certification described in subsection (b) is submitted to Congress.
    (b) Certification Described.--The certification described in this 
subsection means a written statement submitted to Congress by the 
President certifying that--
            (1) the application described in subsection (a) of any 
        motor carrier, driver, enterprise, or broker domiciled in 
        Mexico shall not be approved unless that carrier, driver, 
        enterprise, or broker affirmatively demonstrates awareness of, 
        and compliance with, requirements of the United States relating 
        to drivers and motor carriers including safety, environmental, 
        weight, insurance, and hazardous materials requirements of the 
        United States;
            (2) a full-time enforcement program with respect to the 
        requirements described in paragraph (1) is in place, including 
        the ability to enforce those requirements at the United States-
        Mexico border and in each State;
            (3) the enforcement program described in paragraph (2), at 
        a minimum, fully implements the recommendations described in 
        the Interim Report on Status of Implementing the North American 
        Free Trade Agreement's Cross-Border Trucking Provisions, issued 
        on May 5, 2001, by the Office of the Inspector General, 
        Department of Transportation;
            (4) an on-going program of monitoring and evaluation with 
        respect to the requirements described in paragraph (1) is in 
        place; and
            (5) the individual or cumulative impact of the approval of 
        any application described in subsection (a) shall not endanger 
        the health, safety, and welfare of United States citizens.
    (c) Limitation.--The provisions of subsections (a) and (b) shall 
not apply to an application with respect to operations by a motor 
carrier domiciled in Mexico to provide service solely in a commercial 
zone along the United States-Mexico border, as such zones are described 
in section 13902(c)(4)(A) of title 49, United States Code.
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