II

104TH CONGRESS

2D SESSION S. 1548

To provide that applications by Mexican motor carriers of property for authority to provide service across the United States-Mexico international

boundary line and by persons of Mexico who establish enterprises in

the United States seeking to distribute international cargo in the United

States shall not be approved until certain certifications are made to

the Congress by the President and the Secretary of Transportation,

and for other purposes.

IN THE SENATE OF THE UNITED STATES

JANUARY 30, 1996

Mrs. FEINSTEIN (for herself, Mr. D’AMATO, and Mr. INHOFE) introduced the

following bill; which was read twice and referred to the Committee on

Commerce, Science, and Transportation

A BILL

To provide that applications by Mexican motor carriers of

property for authority to provide service across the

United States-Mexico international boundary line and by

persons of Mexico who establish enterprises in the United

States seeking to distribute international cargo in the

United States shall not be approved until certain certifications are made to the Congress by the President and

the Secretary of Transportation, and for other purposes.

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. CERTIFICATION BY SECRETARY OF TRANSPOR2 TATION.

3 (a) IN GENERAL.—Notwithstanding any other provi4 sion of law, the Secretary of Transportation shall not ap5 prove the application of any Mexican motor carrier of

6 property to provide service across the United States-Mex7 ico international boundary line or by a Mexican owned or

8 controlled enterprise established in the United States to

9 transport international cargo in foreign commerce, until

10 the certifications described in subsection (b) are submitted

11 to the Congress and a joint resolution described in sub12 section (c) is enacted into law.

13 (b) CERTIFICATIONS DESCRIBED.—The certifications

14 described in this subsection mean written statements sub15 mitted to the Congress—

16 (1) by the President certifying that pursuant to

17 section 490A(b) of the Foreign Assistance Act of

18 1961 (22 U.S.C. 2291k(b)), Mexico is taking suffi19 cient steps to combat international narcotics traf20 ficking, and

21 (2) by the Secretary of Transportation certify22 ing that—

23 (A) the operating authority described in

24 subsection (a) shall not be granted to any Mexi25 can motor carrier, driver, enterprise, or broker

26 unless such carrier, driver, enterprise, or broker
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1 is aware of and is complying with the safety,

2 weight, insurance, and hazardous materials re3 quirements of the United States,

4 (B) a full-time enforcement program with

5 respect to the requirements described in sub6 paragraph (A) is in place, and

7 (C) an on-going program of monitoring

8 and evaluation with respect to the requirements

9 is in place.

10 (c) JOINT RESOLUTION DESCRIBED; PROCEDURAL

11 REQUIREMENTS.—

12 (1) IN GENERAL.—For purposes of subsection

13 (a), a joint resolution is described in this subsection

14 if it is a joint resolution of the 2 Houses of Congress

15 and the matter after the resolving clause of such

16 joint resolution is as follows: ‘‘That the Congress au17 thorizes the Secretary of Transportation to approve

18 applications submitted by Mexican motor carriers of

19 property, drivers, enterprises, and brokers to operate

20 across the United States-Mexico international

21 boundary line and by Mexican owned or controlled

22 enterprises to transport international cargo in the

23 United States, if the Secretary is satisfied that the

24 carrier, driver, enterprise, or broker, as the case may

25 be, meets United States safety, health, and operat-
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1 ing standards, and any other applicable standard,

2 for such operations.’’

3 (2) PROCEDURAL PROVISIONS.—The require4 ments of this subsection are met if the Congress

5 adopts and transmits the joint resolution described

6 in paragraph (1) to the President at any time after

7 the Congress receives the certifications described in

8 subsection (b).

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