[Congressional Record (Bound Edition), Volume 153 (2007), Part 6]
[Extensions of Remarks]
[Page 8523]
[From the U.S. Government Publishing Office, www.gpo.gov]




                THE ``SAFE AMERICAN ROADS ACT OF 2007''

                                 ______
                                 

                         HON. JAMES L. OBERSTAR

                              of minnesota

                    in the house of representatives

                        Thursday, March 29, 2007

  Mr. OBERSTAR. Madam Speaker, I am proud to be an original co-sponsor 
of the ``Safe American Roads Act of 2007,'' introduced today by the 
gentlewoman from Kansas (Mrs. Boyda). This legislation ensures the 
safety of the traveling public on America's roads as our Nation seeks 
to honor its commitments under the North American Free Trade Agreement 
(NAFTA).
  Since 1995, the opening of the border between the United States and 
Mexico to cross-border motor vehicle traffic has been delayed due to 
concerns over whether opening the border would adversely impact safety 
on U.S. roads. While the U.S. Department of Transportation (DOT) has 
made considerable progress over the last decade, several unanswered 
questions remain about whether the necessary systems are in place today 
to hold Mexico-domiciled motor carriers to the same strict Federal 
standards that govern U.S. commercial truck operations.
  It is because of these unanswered questions that we must introduce 
this bill. In 2001, Congress passed the FY 2002 Department of 
Transportation and Related Agencies Appropriations Act (Public Law 107-
87), which prohibited DOT from using funds to grant long-haul operating 
authority to Mexico-domiciled motor carriers until 22 safety 
requirements had been met. Section 350 of this Act set forth a 
comprehensive list of vehicle, driver, and safety management 
requirements, including drug and alcohol testing, hours of service, 
driver qualifications, vehicle specifications and maintenance, and 
safety management practices.
  The DOT Inspector General (IG) was required to review whether the 
Department was prepared to comply with several of these provisions. 
This audit was completed, as well as several follow-up audits. However, 
independent certification of actual compliance with all of the 
conditions set forth in Section 350 was not required, and has not 
occurred.
  It is well established that Mexican law does not require many 
fundamental elements of highway safety that are required for U.S. 
drivers. Mexican drivers are not subject to hours-of-service 
restrictions comparable to those governing U.S. drivers. Anecdotal 
evidence suggests that working hours for truck drivers in Mexico go far 
beyond anyone's estimate of a safe, reasonable limit. Drug and alcohol 
testing is also an area of concern, because Mexico does not have 
certified drug testing labs. To comply with U.S. regulations, drug test 
collection facilities in Mexico send specimens to labs in the United 
States for processing. Chain-of-custody issues make compliance with 
U.S. drug and alcohol requirements very difficult to gauge. Further, 
many challenges remain in implementing the requirement established in 
the Safe, Accountable, Flexible, Efficient Transportation Act: A Legacy 
for Users (SAFETEA-LU)(Public Law 109-59), that all Mexican drivers be 
subjected to the same rigorous criminal and security background checks 
that U.S. drivers undergo in order to be permitted to transport 
hazardous materials.
  Despite these concerns, DOT has announced plans for a pilot program 
to grant 100 Mexico-domiciled trucking companies the authority to 
conduct long-haul operations in the United States. If foreign carriers 
do not comply fully with all U.S. motor carrier safety laws, the safety 
of the American traveling public is placed in jeopardy. This pilot 
program is the first test of whether the provisions of Section 350, as 
well as other safety measures, exist in the real world, and are not 
just satisfied on paper.
  H.R. __, the Safe American Roads Act of 2007, will restore 
accountability and fairness to the process of opening the border, and 
ensure that the U.S. proceeds with caution while outstanding safety 
issues are verified. The Act prohibits DOT from granting authority to 
Mexico-domiciled motor carriers to operate beyond the commercial zones 
on the U.S.-Mexico border, except under a pilot program that meets the 
requirements set out in the bill. The bill also requires the following: 
The pilot program must meet all 22 requirements of Section 350 (Public 
Law 107-87) and all requirements set forth under Transportation Equity 
Act for the 21st Century (TEA 21)(Public Law 105-85) relating to pilot 
programs; DOT must provide, prior to initiation of the pilot program, 
an opportunity for public comment on the details of a pilot program, 
including the measures in place to protect the health and safety of the 
public, enforcement measures, penalties for non-compliance, and safety 
metrics to evaluate the pilot; a pilot program to grant long-haul 
operating authority to Mexico-domiciled motor carriers must be 
terminated after one year of enactment of this Act; the IG must review 
the pilot program to determine whether Mexico-domiciled motor carriers 
participating in the pilot program are in full compliance with U.S. 
motor carrier safety laws, including the provisions detailed in Section 
350, and report his findings to Congress within 90 days of completion 
of the pilot program; and DOT must report to Congress on the results of 
the pilot program within 60 days of completion of the pilot program.
  This bill also prohibits the Secretary from initiating a pilot 
program until U.S. motor carriers are allowed to begin comparable 
operations in Mexico. DOT has received nearly 900 applications from 
Mexican carriers seeking operating authority in the U.S. Under the 
pilot program, 100 U.S. companies are to receive reciprocal authority 
to operate in Mexico, yet to date DOT has received very few 
applications from U.S. firms. DOT estimates that the Mexican government 
will not be ready to process the applications of U.S. carriers for at 
least six months. This bill will ensure that the United States is not 
placed at a competitive disadvantage with Mexico under a cross-border 
pilot program.
  In 1999, Congress passed the Motor Carrier Safety Improvement Act 
(Public Law 106-159). In this Act, Congress mandated that in carrying 
out its duties, the Administration ``shall consider the assignment and 
maintenance of safety as the highest priority.'' We must continue to 
use this as our guiding principle in the oversight of motor carrier 
transportation. Each year, more than 5,000 people are killed in large 
truck crashes on our Nation's roads, and more than 100,000 are 
seriously injured. These statistics are already far too high. We cannot 
afford to take a step backward in terms of safety.

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