[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1773 Engrossed in House (EH)]

  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
110th CONGRESS
  1st Session
                                H. R. 1773

_______________________________________________________________________

                                 AN ACT


 
  To limit the authority of the Secretary of Transportation to grant 
   authority to motor carriers domiciled in Mexico to operate beyond 
United States municipalities and commercial zones on the United States-
                             Mexico border.

    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 ``Safe American Roads Act of 2007''.

SEC. 2. LIMITATION ON GRANTING AUTHORITY.

    The Secretary of Transportation may not grant authority to a motor 
carrier domiciled in Mexico to operate beyond United States 
municipalities and commercial zones on the United States-Mexico border, 
except under the pilot program authorized by this Act.

SEC. 3. PILOT PROGRAM.

    (a) In General.--The Secretary of Transportation may carry out, in 
accordance with section 350 of Public Law 107-87, section 31315(c) of 
title 49, United States Code, all Federal motor carrier safety laws and 
regulations, and this Act, a pilot program that grants authority to not 
more than 100 motor carriers domiciled in Mexico to operate beyond 
United States municipalities and commercial zones on the United States-
Mexico border.
    (b) Limitation on Commercial Motor Vehicles Participating in Pilot 
Program.--The number of commercial motor vehicles owned or leased by 
motor carriers domiciled in Mexico which may be used to participate in 
the pilot program shall not exceed 1,000.
    (c) Pilot Program Prerequisites.--The Secretary may not initiate 
the pilot program under subsection (a) until--
            (1) the Inspector General of the Department of 
        Transportation submits to Congress and the Secretary a report--
                    (A) independently verifying that the Department is 
                in compliance with each of the requirements of 
                subsections (a) and (b) of section 350 of Public Law 
                107-87; and
                    (B) including a determination of whether the 
                Department has established sufficient mechanisms--
                            (i) to apply Federal motor carrier safety 
                        laws and regulations to motor carriers 
                        domiciled in Mexico; and
                            (ii) to ensure compliance with such laws 
                        and regulations by motor carriers domiciled in 
                        Mexico who will be granted authority to operate 
                        beyond United States municipalities and 
                        commercial zones on the United States-Mexico 
                        border;
            (2) the Secretary of Transportation--
                    (A) takes such action as may be necessary to 
                address any issues raised in the report of the 
                Inspector General under paragraph (1); and
                    (B) submits to Congress a detailed report 
                describing such actions;
            (3) the Secretary determines that there is a program in 
        effect for motor carriers domiciled in the United States to be 
        granted authority to begin operations in Mexico beyond 
        commercial zones on the United States-Mexico border;
            (4) the Secretary publishes in the Federal Register and 
        provides sufficient opportunity for public comment on the 
        following:
                    (A) a detailed description of the pilot program and 
                the amount of funds the Secretary will need to expend 
                to carry out the pilot program;
                    (B) the findings of each pre-authorization safety 
                audit conducted, before the date of enactment of this 
                Act, by inspectors of the Federal Motor Carrier Safety 
                Administration of motor carriers domiciled in Mexico 
                and seeking to participate in the pilot program;
                    (C) a process by which the Secretary will be able 
                to revoke Mexico-domiciled motor carrier operating 
                authority under the pilot program;
                    (D) specific measures to be required by the 
                Secretary to protect the health and safety of the 
                public, including enforcement measures and penalties 
                for noncompliance;
                    (E) specific measures to be required by the 
                Secretary to enforce the requirements of section 
                391.11(b)(2) of title 49, Code of Federal Regulations, 
                as in effect on the date of enactment of this Act;
                    (F) specific standards to be used to evaluate the 
                pilot program and compare any change in the level of 
                motor carrier safety as a result of the pilot program;
                    (G) penalties to be levied against carriers who, 
                under the pilot program, violate section 365.501(b) of 
                title 49, Code of Federal Regulations, as in effect on 
                the date of enactment of this Act;
                    (H) a list of Federal motor carrier safety laws and 
                regulations for which the Secretary will accept 
                compliance with a Mexican law or regulation as the 
                equivalent to compliance with a corresponding Federal 
                motor carrier safety law or regulation, including 
                commercial driver's license requirements; and
                    (I) for any law or regulation referred to in 
                subparagraph (H) for which compliance with a Mexican 
                law or regulation will be accepted, an analysis of how 
                the requirements of the Mexican and United States laws 
                and regulations differ; and
            (5) the Secretary establishes an independent review panel 
        under section 4 to monitor and evaluate the pilot program.

SEC. 4. INDEPENDENT REVIEW PANEL.

    (a) Establishment of Panel.--The Secretary of Transportation shall 
establish an independent review panel to monitor and evaluate the pilot 
program under section 3. The panel shall be composed of 3 individuals 
appointed by the Secretary.
    (b) Duties.--
            (1) Evaluation.--The independent review panel shall--
                    (A) evaluate any effects that the pilot program has 
                on motor carrier safety, including an analysis of any 
                crashes involving motor carriers participating in the 
                pilot program and a determination of whether the pilot 
                program has had an adverse effect on motor carrier 
                safety; and
                    (B) make, in writing, recommendations to the 
                Secretary.
            (2) Recommendations.--If the independent review panel 
        determines that the pilot program has had an adverse effect on 
        motor carrier safety, the panel shall recommend, in writing, to 
        the Secretary--
                    (A) such modifications to the pilot program as the 
                panel determines are necessary to address such adverse 
                effect; or
                    (B) termination of the pilot program.
    (c) Response.--Not later than 5 days after the date of a written 
determination of the independent review panel that the pilot program 
has had an adverse effect on motor carrier safety, the Secretary shall 
take such action as may be necessary to address such adverse effect or 
terminate the pilot program.

SEC. 5. INSPECTOR GENERAL REVIEW.

    (a) In General.--The Inspector General of the Department of 
Transportation--
            (1) shall monitor and review the pilot program;
            (2) not later than 12 months after the date of initiation 
        of the pilot program, shall submit to Congress and the 
        Secretary of Transportation a 12-month interim report on the 
        Inspector General's findings regarding the pilot program; and
            (3) not later than 18 months after the date of initiation 
        of the pilot program, shall submit to Congress and the 
        Secretary an 18-month interim report with the Inspector 
        General's findings regarding the pilot program.
    (b) Safety Determinations.--The interim reports submitted under 
subsection (a) shall include the determination of the Inspector General 
of--
            (1) whether the Secretary has established sufficient 
        mechanisms to determine whether the pilot program is having any 
        adverse effects on motor carrier safety;
            (2) whether the Secretary is taking sufficient action to 
        ensure that motor carriers domiciled in Mexico and 
        participating in the pilot program are in compliance with all 
        Federal motor carrier safety laws and regulations and section 
        350 of Public Law 107-87; and
            (3) the sufficiency of monitoring and enforcement 
        activities by the Secretary and States to ensure compliance 
        with such laws and regulations by such carriers.
    (c) Report to Congress.--Not later than 60 days after the date of 
submission of the 18-month interim report of the Inspector General 
under this section, the Secretary shall submit to Congress a report 
on--
            (1) the actions the Secretary is taking to address any 
        motor carrier safety issues raised in one or both of the 
        interim reports of the Inspector General;
            (2) evaluation of the Secretary whether granting authority 
        to additional motor carriers domiciled in Mexico to operate 
        beyond United States municipalities and commercial zones on the 
        United States-Mexico border would have any adverse effects on 
        motor carrier safety;
            (3) modifications to Federal motor carrier safety laws and 
        regulations or special procedures that the Secretary determines 
        are necessary to enhance the safety of operations of motor 
        carriers domiciled in Mexico in the United States; and
            (4) any recommendations for legislation to make the pilot 
        program permanent or to expand operations of motor carriers 
        domiciled in Mexico in the United States beyond municipalities 
        and commercial zones on the United States-Mexico border.

SEC. 6. DURATION OF PILOT PROGRAM.

    (a) In General.--The Secretary of Transportation may carry out the 
pilot program under this Act for a period not to exceed 3 years; except 
that, if the Secretary does not comply with any provision of this Act, 
the authority of the Secretary to carry out the pilot program 
terminates.
    (b) Final Report.--Not later than 60 days after the last day of the 
pilot program, the Secretary shall submit to Congress a final report on 
the pilot program.

            Passed the House of Representatives May 15, 2007.

            Attest:

                                                                 Clerk.
110th CONGRESS

  1st Session

                               H. R. 1773

_______________________________________________________________________

                                 AN ACT

  To limit the authority of the Secretary of Transportation to grant 
   authority to motor carriers domiciled in Mexico to operate beyond 
United States municipalities and commercial zones on the United States-
                             Mexico border.