I 

110TH CONGRESS 

1ST SESSION H. R. 1756 

To prohibit Mexico-domiciled motor carriers from operating beyond United 

States municipalities and commercial zones on the United States-Mexico 

border until certain conditions are met to ensure the safety of such 

operations. 

IN THE HOUSE OF REPRESENTATIVES 

MARCH 29, 2007 

Mr. HUNTER (for himself, Ms. KAPTUR, Mr. LATOURETTE, Mr. LIPINSKI, 

Mr. DUNCAN, Mr. POE, Mr. JONES of North Carolina, Mr. BOOZMAN, 

Mr. GARY G. MILLER of California, Mr. BERRY, Mr. BOYD of Florida, 

and Mr. HAYES) introduced the following bill; which was referred to the 

Committee on Transportation and Infrastructure, and in addition to the 

Committees on Homeland Security, Judiciary, and Ways and Means, 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 

A BILL 

To prohibit Mexico-domiciled motor carriers from operating 

beyond United States municipalities and commercial 

zones on the United States-Mexico border until certain 

conditions are met to ensure the safety of such operations. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

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1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘NAFTA Trucking 

3 Safety Act of 2007’’. 

4 SEC. 2. OPERATIONS OF MEXICO-DOMICILED MOTOR CAR5 RIERS IN THE UNITED STATES. 

6 (a) TERMS AND CONDITIONS.—No Mexico-domiciled 

7 motor carrier shall be granted authority to operate beyond 

8 United States municipalities and commercial zones on the 

9 United States-Mexico border until the Secretary of Trans10 portation and the Secretary of Homeland Security submit 

11 to Congress a joint certification that each of the following 

12 conditions has been met: 

13 (1) The Secretary of Transportation has pub14 lished in the Federal Register— 

15 (A) a list of all Federal Motor Carrier 

16 Safety Regulations; 

17 (B) an identification for each of the regu18 lations whether the Secretary will— 

19 (i) require a Mexico-domiciled motor 

20 carrier, commercial motor vehicle, or driver 

21 to comply with the regulation; or 

22 (ii) be accepting compliance by the 

23 carrier, commercial motor vehicle, or driver 

24 with a Mexican statute, rule, or regulation 

25 (including commercial driver’s license remmaher on PROD1PC60 with BILLS

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1 quirements) as the equivalent to compli2 ance with the regulation; and 

3 (C) for each regulation for which compli4 ance with a Mexican statute, rule, or regulation 

5 will be accepted as described in subparagraph 

6 (B)(ii), a citation to and the English translation 

7 of the Mexican statute, rule, or regulation. 

8 (2) The Secretary of Transportation has pub9 lished in the Federal Register— 

10 (A) a list of all of the enforcement tools, 

11 databases, processes, and conditions required 

12 of, and made available by law to, Federal and 

13 State motor carrier safety enforcement per14 sonnel; and 

15 (B) the results of an analysis conducted by 

16 the Secretary as to whether such tools are 

17 available to provide at least the same level of 

18 enforcement capability toward Mexico-domiciled 

19 motor carriers and their drivers as is currently 

20 applied to United States-domiciled motor car21 riers and their drivers. 

22 (3) The Secretary of Transportation and the 

23 Secretary of Homeland Security have implemented a 

24 plan to effectively and regularly monitor and enforce 

25 United States immigration and customs regulations 

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1 that pertain to international traffic under the North 

2 American Free Trade Agreement in all areas of the 

3 United States that Mexico-domiciled motor carriers 

4 will be permitted to operate. 

5 (4) The Secretary of Transportation and the 

6 Secretary of Homeland Security have adopted pen7 alties for anyone who arranges, facilitates, or directs 

8 a Mexico-domiciled motor carrier’s pick-up and deliv9 ery of a load within the United States in violation 

10 of United States immigration and customs laws or 

11 section 365.501(b) of title 49, Code of Federal Reg12 ulations. 

13 (5) The Secretary of Homeland Security and 

14 Secretary of Transportation have published jointly in 

15 the Federal Register— 

16 (A) a certification that the driver, criminal, 

17 and security databases used in Mexico to verify 

18 a person’s identification, driving record, crimi19 nal history, and risk to homeland security are 

20 fully equivalent to those used in the United 

21 States for the same purposes; 

22 (B) documentation verifying the equiva23 lency of the Mexican databases described in 

24 subparagraph (A); and 

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1 (C) a certification that all Federal and 

2 State motor carrier enforcement personnel who 

3 will come in contact with Mexico-domiciled 

4 motor carrier drivers within the United States 

5 have the same access to the Mexican databases 

6 described in subparagraph (A) for performing 

7 checks on such drivers as they do to databases 

8 used in the United States for performing checks 

9 on United States-domiciled motor carrier driv10 ers. 

11 (6) The Inspector General of the Department of 

12 Transportation has submitted to Congress a report 

13 that independently verifies compliance with each 

14 condition listed in section 350 of the Department of 

15 Transportation and Related Agencies Appropriations 

16 Act, 2002 (Public Law 107–87; 115 Stat. 864). 

17 (7) The Secretary of Transportation has sub18 mitted to Congress a plan to enforce the English 

19 language proficiency requirement of section 

20 391.11(b)(2) of title 49, Code of Federal Regula21 tions, including an identification of the enforcement 

22 actions that Federal and State law enforcement per23 sonnel will take upon a finding of noncompliance 

24 with such requirement. 

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1 (b) STATUTORY CONSTRUCTION.—The requirements 

2 of this section shall be in addition to any other limitation 

3 or requirement contained in Federal law that applies to 

4 the authority of a Mexico-domiciled motor carrier to oper5 ate beyond United States municipalities and commercial 

6 zones on the United States-Mexico border. 

Æ 

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