[Congressional Record (Bound Edition), Volume 153 (2007), Part 9]
[House]
[Pages 12426-12432]
[From the U.S. Government Publishing Office, www.gpo.gov]




                    SAFE AMERICAN ROADS ACT OF 2007

  Mr. DeFAZIO. Mr. Speaker, I move to suspend the rules and pass the 
bill (H.R. 1773) 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, as amended.
  The Clerk read the title of the bill.
  The text of the bill is as follows:

                               H.R. 1773

       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

[[Page 12427]]

     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.

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from 
Oregon (Mr. DeFazio) and the gentleman from Tennessee (Mr. Duncan) each 
will control 20 minutes.
  The Chair recognizes the gentleman from Oregon.


                             General Leave

  Mr. DeFAZIO. Mr. Speaker, I ask unanimous consent that all Members 
may have 5 legislative days in which to revise and extend their remarks 
and include extraneous material on H.R. 1773.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from Oregon?
  There was no objection.
  Mr. DeFAZIO. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, we have before us very important legislation. It is bad 
enough that NAFTA has caused the United States to hemorrhage more than 
1 million jobs; but now the administration with the NAFTA trucks 
proposal would add insult to injury. Not only would it put in jeopardy 
more American jobs, those of American truck drivers, but it would also 
jeopardize the safety of the traveling public on America's highways.
  I want to congratulate Representative Boyda for bringing such an 
important issue to the Congress so early in her congressional career 
and Representative Hunter on the other side of the aisle for his 
contributions to this issue and to this legislation.
  We have here what is called a SAP. It is a statement of 
administration policy. They take us for saps if they believe we will 
believe the information they have conveyed to us in this letter.
  They say that the safety standards, including hours of service, 
driver medical standards, financial responsibility, and drug and 
alcohol testing, will all be remedied by their program. There is and 
are no hours of service regulations in Mexico. We have heard anecdotal 
evidence from Mexican truck drivers that they are often forced, as they 
are exploited down there working for relatively low wages compared to 
truck drivers in the U.S., to drive for 48 to 72 hours at a stretch. 
How do they do that? They laugh and they say ``dust.'' What is dust? 
Drugs, uppers. They are commonly used in Mexico. There are no 
meaningful hours of service regulation. There is no drug testing in 
Mexico, and illegal substances are frequently used for these extended 
trips.
  But the administration would have us believe that by signing a piece 
of paper and waving a magic wand and having in place paper provisions 
on drug and alcohol testing or hours of service, that these things will 
happen meaningfully. Suddenly, there will be a tremendous change in the 
culture of the American trucking industry.
  They go on to say there will be an in-depth safety inspection before 
they are allowed to operate in the United States. Well, that is 
interesting because in testimony before my committee recently, the 
administration admitted that when a new bus carrier, and we are having 
a problem with illegally run bus service, what is called ``curb 
service'' here in the Northeast, it takes them up to 18 months to get 
out and certify that company actually exists and look at the papers in 
a filing cabinet. They never go out and look at the buses. Never.
  We have the same thing going on with the American trucking industry. 
Only a tiny fraction of trucks are inspected on an annual basis. But 
somehow, magically, an agency that is totally overwhelmed by the volume 
of traffic is going to inspect each and every truck meaningfully in 
Mexico, inspect the credentials of the Mexican truck drivers in depth, 
certify the nonexistent drug testing programs, and certify tracking of 
the nonexistent hours of service in Mexico. And then they say that this 
will all be made available to the American public.
  Here is the form in which it is made available. It is right here in 
the Federal Register. They are saying we are requiring publication, and 
they say it would be redundant to have all of the safety audits in 
detail published in the Federal Register because they put up this page. 
It has a date. That is good. That is a good start. It is up for 7 days, 
by the way.
  And in order to access this page, you have to know the MX docket 
number. You have to know the particular docket number of that Mexican 
carrier. You have to know specifics to get nonspecific information that 
will only be posted for 7 days. And if you get through that maze and 
you happen to hit the 7-day window, because it goes down after 7 days, 
I guess they don't have enough memory capacity down there at DOT to 
leave it up longer for the public to review to, you get this, a form 
that has the applicant information, business address, and status. 
Quote: ``Provisional authority issued.''
  That is the in-depth information that FMCSA is going to put up for 
the American public to review to understand that these audits are being 
conducted and these carriers are safe.
  We need this legislation so we can be assured that we are protecting 
the safety of the American public.
  Mr. Speaker, I reserve the balance of my time.
  Mr. DUNCAN. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, I would like to voice my support for H.R. 1773, the Safe 
American Roads Act of 2007, which passed the Transportation and 
Infrastructure Committee by unanimous vote, 100 percent support by both 
Democrats and Republicans.
  In order to comply with NAFTA, the Department of Transportation has 
taken steps to fully open the Mexican border to truck traffic. To start 
this process, DOT has announced a cross-border demonstration program. 
The bill we are considering today specifies requirements that DOT must 
meet when implementing this program.
  But compliance with NAFTA does not mean we have to or even that we 
should open the border without any scrutiny of the process. It is a 
priority for our committee and for this Congress to stay engaged on 
this issue and ensure that the border opening for trucks is handled 
properly with the safety of American motorists as our top priority.
  A major theme of the bill we are considering today is constant review 
of the program as it is implemented by the Department of 
Transportation.
  The bill requires DOT to ensure the trucks crossing into the U.S. not 
only understand our safety regulations for motor carriers, but that 
they are fully compliant with them as well. This bill also requires DOT 
to maintain an active review of the demonstration project. DOT must 
respond to the Inspector General's periodic reviews and provide 
comments and suggestions to make the program better. And when we mean 
better, we mean safer.
  I want to say that this bill is an excellent example of 
bipartisanship. Concern over Mexican trucks does not fall

[[Page 12428]]

on one side of the aisle or the other. Many Republicans and Democrats 
both feel strongly about this issue. It impacts the entire country.
  Two bills were recently introduced that address this issue, one by 
our colleague, Mrs. Boyda from Kansas, and one by Mr. Hunter from 
California, on which I was an original cosponsor. While Mrs. Boyda's 
bill is the base bill and we certainly want to commend her, the bill we 
are considering today has many aspects from Mr. Hunter's bill as well, 
combined together to create the bill we are voting on today. I believe 
H.R. 1773 was made stronger by taking the best attributes from both the 
Boyda bill and the Hunter bill.
  Finally, Mr. Speaker, we need reciprocity. I said at a hearing on 
this legislation that we should not approve more Mexican trucking 
companies than American trucking companies that are approved to go into 
Mexico. We need reciprocity, and we need fairness for American trucking 
companies and American workers. Again, though, I will voice my support 
for this bill, H.R. 1773, and I urge my colleagues to support it as 
well.
  Mr. Speaker, I reserve the balance of my time.
  Mr. DeFAZIO. Mr. Speaker, I yield 3 minutes to the gentlewoman from 
Texas (Ms. Eddie Bernice Johnson).
  Ms. EDDIE BERNICE JOHNSON of Texas. Mr. Speaker, I want to thank 
Chairman Oberstar and the subcommittee Chair, Mr. DeFazio, and the 
ranking member, Mr. Duncan. I am very pleased to join them in support 
of this bill.
  As you know, Texas shares a longer border with Mexico than any other 
border State. In 2004, at Texas border ports of entry, there were 3 
million commercial crossings.
  The safety and congestion impacts of this pilot program will be felt 
the most by Texas drivers, roads and businesses. The impact will be 
felt particularly by my constituents as Interstates 20, 30, 35 and 45 
all converge in the heart of my congressional district.
  I agree with the chairman of the committee when he says we must not 
bolster trade with Mexico at the expense of the safety of American 
drivers. This bill requires that Federal motor carriers complete all 
safety inspections on the Mexican side of the border. The bill also 
mandates that safety can be assured before Mexican trucks enter our 
country under this program.
  We in Congress cannot afford to be soft in our oversight of this 
matter. Passing a safety inspection in Mexico, even one administered by 
Federal motor carriers, is not a guarantee to Mexican trucks and 
drivers that they will have free rein over our roads.
  In the event that this program proves successful, it is important for 
this body to give adequate guidance and assistance to border States 
like Texas to address the burden of increased freight traffic, 
including congestion, air quality, and wear and tear on our roads. The 
Department of Transportation cannot use Texas and other border States 
as guinea pigs and not give them the support they need.
  In closing, I fully support this bill. It removes much of the 
uncertainty regarding safety that this committee found in the 
Department of Transportation's proposed pilot program.
  Mr. DUNCAN. Mr. Speaker, I yield 3 minutes to our colleague, Mrs. 
Miller of Michigan, who has been one of the most active members of our 
committee on this particular legislation.
  Mrs. MILLER of Michigan. I appreciate the gentleman yielding time.
  Mr. Speaker, I rise in very strong support of H.R. 1773, the Safe 
American Roads Act. This legislation sets out very, very stringent, 
quantifiable safety standards which the Department of Transportation 
must meet before permitting Mexican-based trucks to operate through the 
United States.
  Before coming to Congress, I had the pleasure of serving for 8 years 
as the Michigan Secretary of State with a principal responsibility of 
being that State's chief motor vehicle administrator. I was also the 
chairman of the Traffic Safety Commission of my State, and so I had the 
responsibility for all licensing, commercial drivers licenses as well 
as hazardous material endorsements. So I had immediate concerns about 
how the DOT pilot program might compromise the safety of our roads. 
Here in the United States, we have reciprocity amongst the States so we 
can share driving records across State lines.

                              {time}  1245

  In Mexico, licensing requirements are very poor, and it's well-known 
that fraud in their system runs rampant. In fact, the Transportation 
Committee heard in testimony from the DOT's Inspector General that one 
in five Mexican driving records contained an error of some type. Mr. 
Speaker, if we had a 20 percent error rate in the United States we 
would consider it a crisis, and I actually believe that was a very low 
estimate.
  There are also concerns about the insurance provisions of this 
program. American truckers must carry very expensive insurance policies 
in the event that they are in an accident. What if it happens that a 
Mexican truck has an accident somewhere in the United States? Good luck 
to the victims of that accident who will try to collect on damages from 
a Mexican company.
  I believe that if we let these Mexican truckers into our country with 
questionable identification and insurance, it exposes American drivers 
to more dangerous conditions on our roadways.
  First of all, because the Mexican drivers are allowed to work far 
longer hours than our truckers; and secondly, it is well-known that 
there's widespread drug use in this profession, as the chairman of our 
subcommittee has already articulated. Presently, there is no system 
under which secure testing could take place. In fact, it's been said 
that there is a not a single testing lab in Mexico to ensure that the 
drivers coming into our country are drug free.
  The numbers I think are the easiest way to tell whether or not this 
proposal is a fair deal for the United States. As soon as this pilot 
program was announced, 800 Mexican trucking companies lined up to come 
into the United States. By contrast, only two American companies 
desired to deliver into Mexico. I think those numbers are very 
indicative of whether or not this is a fair agreement for the United 
States.
  Because of all of these problems, groups like the Teamsters, as well 
as the Owner-Operator Independent Drivers Association, also the 
Advocates for Highway and Auto Safety have all come out in opposition 
to this proposal.
  Mr. Speaker, we need to ensure the program can only take place once 
these trucks and drivers from Mexico can meet the same standards that 
American trucks and drivers do. Trucks participating in the pilot 
program will be subject to rigorous safety inspections limited to a 
total of 1,000. Their drivers must also demonstrate clean driving 
records and have a proficiency in English.
  This legislation as well would require extensive oversight and review 
of the pilot program from an independent review panel.
  I urge my colleagues to support this important legislation.
  Mr. DeFAZIO. Mr. Speaker, I yield 2\1/2\ minutes to the gentleman 
from California (Mr. Filner).
  Mr. FILNER. Mr. Speaker, I thank the gentleman.
  I thank Chairman DeFazio and Ranking Member Duncan and Chairman 
Oberstar for this creative solution to a very difficult problem.
  I happen to live at the border. I represent the whole California-
Mexico border. Through my district, at least 4,000 trucks a day pass 
through. That means across the whole border three or four, five times 
that will cross. The volume is enormous. There is no way for us to 
inspect this incredible volume of traffic. In fact, when there was a 
test case several years ago of inspecting all the trucks, they found 
100 percent of the trucks had either insurance or safety violations.
  We are dealing with issues of insurance. We are dealing with issues 
of truck safety. We're dealing with issues of driver certification and 
jobs on this side of the border. There's no question that these 
certifications are just not the same standards that we apply. We

[[Page 12429]]

have fraudulent use of papers. There is enormous difficulty in getting 
accountability.
  But, in addition, if we allow the truckers to cross they will be in 
this country and able to take jobs away from our local companies, 
especially small trucking companies. It costs them about 150 dollars to 
go to L.A. from San Diego and back. A Mexican trucker will do it for 50 
dollars. That puts all our guys out of business if the administration 
proposal was allowed to go through.
  So I thank the Chair for coming up with this creative solution. This 
is a bad, bad vision that the administration has to allow all trucks 
across in a way which does not really meet the safety or insurance or 
certification standards that we have in this country. And we're going 
to have a major accident somewhere, and the people in America are going 
to say how did this happen.
  Well, we intend in Congress to make sure that we keep our safe roads 
and we keep our jobs for American truckers.
  Mr. DUNCAN. Mr. Speaker, I yield 2 minutes to the gentlewoman from 
West Virginia (Mrs. Capito).
  Mrs. CAPITO. Mr. Speaker, I'd like to thank the gentleman from 
Tennessee for yielding, and I'd like to thank the leadership on the 
Transportation Committee for the creative solution that you have 
brought back with H.R. 1773 because it places important restrictions 
upon the pilot program planned by the Department of Transportation to 
allow Mexican trucks to operate across this country.
  My first concern with the pilot is its impact on the safety of our 
Nation's highways. This Congress gave this department specific criteria 
to ensure adequate safety and security measures were taken prior to 
allowing Mexican trucks to travel on our highways. I believe it is 
important that all of these criteria are met prior to the start of any 
pilot project on our Nation's highways.
  I am also very concerned about the economic consequences of allowing 
Mexican trucks to operate within the United States. It is my hope that 
if this pilot program is indeed implemented, the Department will work 
closely with State and local law enforcement to ensure that the 
prohibition on point-to-point deliveries within the United States by 
Mexican trucking companies is enforced.
  I am especially pleased that this bill will require a plan to enforce 
existing English proficiency regulations prior to the start of any 
pilot program. It is critical for the safety of anyone on the road that 
truckers are able to understand traffic and warning signs and are able 
to communicate with law enforcement and emergency management officials.
  It is absolutely critical that we stop the Department from 
implementing their pilot program until we can ensure the safety of our 
American motorists and our American highways.
  I urge my colleagues to support this legislation.
  Mr. DeFAZIO. Mr. Speaker, I yield 3 minutes to the gentlewoman from 
Kansas (Mrs. Boyda), the author of the legislation, who's made an 
extraordinary commitment so early in her career.
  Mrs. BOYDA of Kansas. Thank you, Chairman DeFazio. I certainly 
appreciate your support.
  This is a tremendously huge issue in my district. People want to know 
that Congress is out there making our roads safe. I have two children 
and went back and forth on I-70 between Kansas City and St. Louis for 
years with two little kids. The truck traffic is amazingly dense. We 
spent years encouraging truck safety and spending billions of dollars 
on safety and environmental standards, and it just does not make any 
sense to now watch that be reversed.
  Mr. Speaker, the Department of Transportation has unveiled a pilot 
program that will permit poorly regulated Mexican traffic onto American 
highways. In its present form, the DOT proposal exhibits reckless 
disregard for America's road safety, not to mention our border security 
and our economic interests.
  Under current law, trucks registered in Mexico can drive only within 
a narrow border zone in the United States before cargos are transferred 
to an American vehicle. This system not only protects U.S. highways 
from unsafe Mexican traffic, but it prevents drug smuggling and illegal 
immigration, and it safeguards American transportation jobs.
  But the DOT intends to halt this very sensible system. Under their 
pilot program, Mexican-domiciled trucks could penetrate far into the 
American heartland. The traditional safety standards required for 
vehicles on American roads, such as frequent safety inspections, limits 
on the number of hours driven in a day, drug testing and criminal 
background checks for drivers hauling hazardous materials, either would 
not be applied or would be weakly enforced.
  Mexico certainly does not have a system right now for keeping these 
kinds of records in place. It's ridiculous for us to consider that they 
will be able to enforce these regulations in any way that comes up to 
our standards.
  Again, let me say that our trucking industry has spent so much money 
getting our trucks, making them safer and so much to bring them up to 
environmental standards, it's just crazy to now say that we are going 
to bring in trucks that do not have to meet those same standards.
  If the DOT pilot program proceeds as planned, drivers in Kansas and 
all across America will soon share their roads with unsafe Mexican 
trucks. The flood of foreign traffic will inevitably rise, result in 
collisions, injuries and even fatalities.
  I introduced the bill now under consideration, the Safe American 
Roads Act of 2007, to rein in the Department of Transportation. The 
bill requires the cross-border pilot program to comply with 22 specific 
strict safety criteria. It creates an independent review panel to 
monitor and evaluate the pilot program after it launches, and it 
provides that the program can be terminated at any point if the 
Secretary of Transportation does not comply with all of these 
provisions.
  By decisively approving the Safe American Roads Act, Congress can 
protect the millions of American families who drive our highways every 
day. I'd also like to thank Chairman Oberstar and Chairman DeFazio for 
their assistance and support, and I certainly urge my colleagues to 
support this important bill.
  Mr. DUNCAN. Mr. Speaker, I yield 2 minutes to our colleague from 
North Carolina (Mr. Hayes).
  Mr. HAYES. Mr. Speaker, I thank Congressman Duncan for the time and 
wish to add my strong support to H.R. 1773, along with Mr. DeFazio, Mr. 
Oberstar, Mrs. Boyda, and want to thank the chairmen and ranking 
members of Transportation and Infrastructure for their leadership on 
this issue.
  I was proud to cosponsor Congressman Hunter's legislation, H.R. 1756, 
and am happy to support the revised H.R. 1773, the bill before us, 
which incorporates many of the strongest provisions from the Hunter 
bill. Safety of Americans and American highways must always take 
precedence over some obscure treaty obligation. As far as I am 
concerned, the safety of Americans and enforcing American law is far 
and away the number one priority here.
  It's commonsense legislation that would prevent Mexican motor 
carriers from operating in the United States beyond the commercial 
zones of the United States-Mexico border until the Secretary of 
Transportation unequivocally certifies several minimum standards: 
requiring English language proficiency and ensuring U.S. law 
enforcement personnel have the ability to access databases, verify 
driving records, identification, criminal history and risk to homeland 
security the same way the information is used to verify U.S. operators. 
We do not need 90,000-pound unguided missiles on our highways.
  Every day, the trucking industry ships more cargo in our Nation than 
any other mode of transportation. The American professionals behind 
these rigs and their equipment are subject to constant stringent safety 
standards. This bill ensures that at the very minimum Mexican truckers 
are subject to

[[Page 12430]]

the same standards as our own operators. The safety of our citizens on 
our roadways must be our top priority, and I urge all Members to 
support H.R. 1773.
  Mr. DeFAZIO. Mr. Speaker, could I ask the time remaining please.
  The SPEAKER pro tempore. The gentleman from Oregon has 7\1/2\ minutes 
remaining. The gentleman from Tennessee has 10\1/2\ minutes remaining.
  Mr. DUNCAN. Mr. Speaker, I yield 2 minutes to the gentleman from New 
Jersey (Mr. Ferguson).
  Mr. FERGUSON. I thank the gentleman from Tennessee.
  I want to thank Congresswoman Boyda for her work on addressing this 
very important issue and of course Chairman Oberstar and Ranking Member 
Mica and all those who have worked so hard on this legislation. I am a 
strong supporter and cosponsor of the Safe American Roads Act.
  This legislation takes a reasoned and commonsense approach to dealing 
with opening our borders to Mexico-domiciled trucks. Instead of 
providing blanket access to U.S. roads, this bill places important 
standards and restrictions on the DOT's proposed pilot program, 
ensuring that our roads remain safe and that our Nation's trucking 
industry remains competitive.
  The heart of this legislation centers on establishing a pilot program 
that employs standards that we in Congress approved, while maintaining 
an open comment period to ensure that expert opinions are considered 
with respect to safety and compliance and enforcement.
  The bill ensures accountability through both the administrative and 
legislative process, requiring an Inspector General review of the pilot 
program to determine whether Mexico-domiciled motor carriers 
participating are in full compliance with U.S. motor carrier safety 
laws, and requiring a report to Congress within 90 days of completion 
of the program.
  The Safe American Roads Act does not aim to close America's roadways 
to foreign truckers. Instead, it requires the Department of 
Transportation to tap on the brakes, to slow down and make sure that 
the road we travel down is one that ensures the highest standards of 
safety and accountability.
  Further, the legislation ensures the competitiveness of our Nation's 
trucking industry by preventing Mexico-domiciled motor carriers from 
accessing U.S. highways until U.S.-based trucking companies are given 
comparable access in Mexico.

                              {time}  1300

  Once again, I want to thank Congresswoman Boyda for introducing this 
legislation and her work with Mr. Hunter and so many others. I urge all 
of our colleagues to join me in supporting passage of this legislation.
  Mr. DUNCAN. Mr. Speaker, how much time remains on our side?
  The SPEAKER pro tempore. The gentleman from Tennessee has 8\1/2\ 
minutes remaining.
  Mr. DUNCAN. Mr. Speaker, I yield 2 minutes to the gentleman from 
Texas (Mr. Poe).
  Mr. POE. Thank you to the gentleman from Tennessee for yielding me 
time.
  Mr. Speaker, I strongly support this legislation as a cosponsor. 
Being from Texas, we get the brunt of trucks coming from Mexico into 
the United States. Mexican truck drivers shouldn't be treated any 
better or worse than American truck drivers.
  The general reputation of the American trucking industry is very 
good. They maintain their vehicles, and they maintain competence of 
their drivers. This legislation will require the same of Mexican truck 
drivers that come into the United States to have vehicles that don't 
pollute, that are not overweight, that are maintained as well as 
American trucks, and it will require the simple but very logical 
principle that Mexican truck drivers that drive throughout the United 
States, those massive 18 wheelers, be able to read a street sign.
  I think it's important that people who drive our freeways are able to 
read the directions and the signs of the cities into which they travel. 
This legislation makes a lot of sense; it's common sense. It's needed 
to equalize the crossings into the United States of Mexican truck 
drivers with the competence of American truck drivers.
  Mr. DeFAZIO. Mr. Speaker, I yield to the chairman of the 
Transportation Committee, Mr. Oberstar, for 5\1/2\ minutes.
  Mr. OBERSTAR. I thank the gentleman for yielding and for his splendid 
leadership of the Subcommittee on Highways and Transit, this portion of 
the session holding intensive hearings charting the future course for 
transportation as we move into the second half of the authorization of 
the SAFETEA-LU bill, and laying the groundwork for the future 
transportation of America. The gentleman has done a superb job.
  I congratulate the Congresswoman, Mrs. Boyda of Kansas, for 
recognizing the threat of Mexican trucks admitted unabashedly, without 
restraint, into the United States, or very minimal restraint that the 
Department proposed.
  I also express my great appreciation to the gentleman from Florida 
(Mr. Mica) for participating throughout the shaping of this legislation 
and working constructively for a reasonable counter to the 
administration's plan. The gentleman from Tennessee (Mr. Duncan) with 
his ever-judicial manner has helped us shape a very good balance to the 
allowing of Mexican trucks into the United States.
  This cross-border pilot program the administration launched is not 
just a little initiative, something to let pass, it's a major shift in 
transportation policy. They were intent on opening the border with 
minimum public notification and at great cost to safety.
  Despite serious concerns raised by the Congress, by safety advocates 
in the private sector, by nonprofit organizations, by States who were 
concerned about Mexican-domiciled trucks coming into the United States, 
this legislation limits the authority of the Secretary to open the 
U.S.-Mexican border to trucks coming into the United States.
  It will not allow a 1-year pilot program as simply a gimmick, a ruse, 
under which they can allow the border to be opened unilaterally under 
terms and conditions that the Department or the administration might 
choose. Instead, we have a strict set of prerequisites, a strict set of 
conditions. A pilot program of 3 years, 100 motor carriers for Mexico, 
1,000 trucks, does not provide blanket authority for 3 years. If the 
Secretary fails to comply with any provision of the act, the program 
terminates.
  We also require the Inspector General of the Department of 
Transportation, concurrently, while the program is under way, to review 
and report back to the public, to the Congress, to the Department where 
there are failures and deviations, if there are any, from the program 
that we have set in place, especially if Mexican carriers do not meet 
strict Federal safety requirements.
  This is not a run, operate, and evaluate. It is operate and 
concurrently evaluate what the Department is doing, what the Mexican 
trucks are doing. Are they, in Mexico, requiring fundamental elements 
of highway safety that U.S. drivers are required to submit to? Do they 
have hours of service requirements comparable to those in the United 
States?
  Mexico does not have a single certified lab to test drivers for drug 
and alcohol compliance, as our drivers are required to be subjected to. 
The Inspector General has to verify that every requirement of section 
350 of Public Law 107-87, the basic authority under which they propose 
to operate, has sufficient mechanisms in place to ensure safety, to 
enforce safety.
  DOT has to also, under this legislation, provide the public with an 
opportunity to comment on issues of safety and cabotage, that the 
trucks that come into the United States and deliver goods to a 
destination point and carry goods back to Mexico aren't moving goods 
from one U.S. city to another U.S. city in violation of our cabotage 
laws. We don't allow it in aviation; we are not going to allow it in 
trucking.
  We are living up to our commitments under NAFTA, but we have put in 
place

[[Page 12431]]

requirements that are vigorous, protections that are important to 
protect travelers on our U.S. roads from failures in Mexico.
  Now, the Department of Transportation has sent up their letter, their 
statement of policy, in which in one place there is a complaint that 
this legislation gives the agency ``only 5 days to take action 
necessary to address adverse findings or terminate the program.''
  That's a requirement on safety. If you find an unsafe condition, how 
much longer than 5 days do you want to allow it to go? How much longer 
do you want to have an unsafe condition existing on our roads? That's 
just dead wrong.
  Then, in another provision, they complain that we, their language 
says, purporting to require the Secretary of Transportation to submit 
legislative recommendations to Congress. They submit legislative 
recommendations to Congress, every executive branch agency. Whether we 
want them or not, they submit legislative recommendations. We are 
saying the Secretary may submit. If there are some things they want 
changed, we invite them to submit their recommendations to the 
Congress.
  I simply don't buy that. I think they are sort of a half-hearted 
statement.
  This is good legislation, good sound policy. It protects U.S. drivers 
and allows us to keep commitments under NAFTA, and we will protect 
American roadways.
  Mr. DUNCAN. Mr. Speaker, I yield 3 minutes to the ranking Republican 
on the Transportation and Infrastructure Committee, a man who has been 
a leader on this legislation and on many others, Mr. Mica.
  Mr. MICA. I thank our ranking member, Mr. Duncan.
  Mr. Speaker and colleagues, I rise today in support of H.R. 1773, the 
Safe American Roads Act of 2007. This bill has some good provisions in 
it. I regret that a bill which I consider even better and stronger, 
which was drafted by Mr. Hunter, the gentleman from California, and 
introduced in Congress, is not the bill that we are considering.
  I am sorry Mr. Hunter is not with us today also to speak, but I know 
he has many important obligations in his responsibility in securing our 
national defense.
  Again, I believe Mr. Hunter's bill would have been a stronger bill 
that would have even more teeth to make certain that Mexican trucks 
comply with not only our safety regulations, but also our economic 
regulations against cabotage.
  Now, let me make the record clear that I served in Congress when 
NAFTA was voted on in 1993. I did not vote for that legislation, and 
one reason was some of the unfair provisions, the inequity between the 
economy of Mexico and the United States. I had no problem with Canada, 
but Mexico is a different situation. I am for open and fair trade, but 
what passed in NAFTA then and today was a trade agreement between 
unequal partners when it comes to Mexico.
  This administration, the Bush administration, unfortunately, has 
inherited what I call the haunting legacy of the Clinton 
administration, one of the haunting legacies, which pushed for passage 
of a lopsided NAFTA agreement. Back in 1993, in October, actually in 
October of 1992, President Clinton had only positive things to say 
about NAFTA.
  Also, I have quotes by current Speaker Pelosi, then the 
Representative from California: ``In supporting NAFTA, I am casting my 
vote for the young people of America and for the future.''
  The future isn't to send jobs to the south, to Mexico, and then now 
open up the borders and truck the product produced by those jobs to the 
north. The responsibility we have in Congress is to make certain that 
even though we have to comply with some of the terms of this unfair 
agreement, that we do protect the safety, that we do protect the 
economic opportunity and the disaster this unfair agreement has brought 
upon our economy.
  So it's critical today that Congress, that what we are doing today 
maintain, at least at a minimum, in keeping the unfair provisions of 
the treaty enacted by a Democratic Congress, under the promotion of 
President Clinton, from doing even more damage to us at this time.
  Mr. DeFAZIO. Mr. Speaker, I reserve the balance of my time.
  Mr. DUNCAN. Mr. Speaker, I will close on our side.
  I will simply say that no matter how much we want to have good 
relations and trade with our friends in Mexico, and we all certainly 
want that, the first obligation of the U.S. Congress is to the American 
people.
  This bill is important for the safety of American roads, it's 
important to our American trucking companies, our small businesses, and 
to our truck drivers. It's legislation that all of our colleagues can 
support, and I urge our colleagues to do so.
  Mr. Speaker, I yield back the balance of my time.
  Mr. DeFAZIO. Mr. Speaker, I yield myself the balance of my time.
  My good friend from Florida, the ranking Republican member of the 
committee, made a point that NAFTA was promoted by and passed during 
the Clinton administration. That's true, and I have continually 
castigated that administration and that President for that act.
  However, he does need to remember that the agreement was negotiated 
by the first Bush administration, adopted by the Clinton 
administration, unfortunately, and to the discredit of the Clinton 
administration, and passed the House of Representatives with a large 
majority of Republican votes. Yes, it was a Democratic House, but a 
very substantial majority of the Democrats opposed the legislation.
  So this is truly a bipartisan problem. But if he wants to attribute 
blame, the Republican Members of the House would bear that, and not the 
Democratic Members, although we were in the majority. He also talked 
about unfair portions of the agreement.
  Well, the President has the authority to give 6 months' notice at any 
time that we are going to withdraw in order to require renegotiation of 
provisions of the agreement. So if this President felt any of the 
provisions were unfair, or they felt they were under duress to allow 
the Mexican trucks into this country, they have the tools to 
renegotiate that agreement. I wish they would use those tools. But they 
won't because this administration is all about killing off American 
jobs and American labor. That's what this is ultimately intended to do.
  You can get a Mexican truck driver to work for a heck of a lot less 
than a Teamster in the United States. You can get a Mexican dock worker 
to work for a heck of a lot less than a longshoreman in the United 
States.
  That's what this ultimately is designed to do. The dream of the NAFTA 
proponents is that the goods, all the goods, the things we don't make 
in America anymore, will be imported from China to a port in Mexico, 
avoiding the U.S. ports, the U.S. longshoremen, and loaded on Mexican 
trucks, avoiding U.S. trucking companies and U.S. drivers and brought 
up into America's heartland.
  This bill is about protecting the safety of the American traveling 
public. That's what's before us today. I would love to renegotiate and 
revisit NAFTA any day of the week, but today we are all about the 
safety of the American public. That's what we are ensuring with this 
legislation.
  Mr. Speaker, I yield back the balance of my time.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentleman from Oregon (Mr. DeFazio) that the House suspend the rules 
and pass the bill, H.R. 1773, as amended.
  The question was taken.
  The SPEAKER pro tempore. In the opinion of the Chair, two-thirds 
being in the affirmative, the ayes have it.
  Mr. DeFAZIO. Mr. Speaker, on that I demand the yeas and nays.
  The yeas and nays were ordered.
  The SPEAKER pro tempore. Pursuant to clause 8 of rule XX and the 
Chair's prior announcement, further proceedings on this question will 
be postponed.

[[Page 12432]]



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