quirements) as the equivalent to compli-
ance with the regulation; and 
(C) for each regulation for which compli-
ance with a Mexican statute, rule, or regulation 
will be accepted as described in subparagraph 
(B)(ii), a citation to and the English translation 
of the Mexican statute, rule, or regulation. 
(2) The Secretary of Transportation has pub-
lished in the Federal Register— 
(A) a list of all of the enforcement tools, 
databases, processes, and conditions required 
of, and made available by law to, Federal and 
State motor carrier safety enforcement per-
sonnel; and 
(B) the results of an analysis conducted by 
the Secretary as to whether such tools are 
available to provide at least the same level of 
enforcement capability toward Mexico-domiciled 
motor carriers and their drivers as is currently 
applied to United States-domiciled motor car-
riers and their drivers. 
(3) The Secretary of Transportation and the 
Secretary of Homeland Security have implemented a 
plan to effectively and regularly monitor and enforce 
United States immigration and customs regulations 
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that pertain to international traffic under the North 
American Free Trade Agreement in all areas of the 
United States that Mexico-domiciled motor carriers 
will be permitted to operate. 
(4) The Secretary of Transportation and the 
Secretary of Homeland Security have adopted pen-
alties for anyone who arranges, facilitates, or directs 
a Mexico-domiciled motor carrier’s pick-up and deliv-
ery of a load within the United States in violation 
of United States immigration and customs laws or 
section 365.501(b) of title 49, Code of Federal Reg-
ulations. 
(5) The Secretary of Homeland Security and 
Secretary of Transportation have published jointly in 
the Federal Register— 
(A) a certification that the driver, criminal, 
and security databases used in Mexico to verify 
a person’s identification, driving record, crimi-
nal history, and risk to homeland security are 
fully equivalent to those used in the United 
States for the same purposes; 
(B) documentation verifying the equiva-
lency of the Mexican databases described in 
subparagraph (A); and 
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(C) a certification that all Federal and 
State motor carrier enforcement personnel who 
will come in contact with Mexico-domiciled 
motor carrier drivers within the United States 
have the same access to the Mexican databases 
described in subparagraph (A) for performing 
checks on such drivers as they do to databases 
used in the United States for performing checks 
on United States-domiciled motor carrier driv-
ers. 
(6) The Inspector General of the Department of 
Transportation has submitted to Congress a report 
that independently verifies compliance with each 
condition listed in section 350 of the Department of 
Transportation and Related Agencies Appropriations 
Act, 2002 (Public Law 107–87; 115 Stat. 864). 
(7) The Secretary of Transportation has sub-
mitted to Congress a plan to enforce the English 
language 
proficiency 
requirement 
of 
section 
391.11(b)(2) of title 49, Code of Federal Regula-
tions, including an identification of the enforcement 
actions that Federal and State law enforcement per-
sonnel will take upon a finding of noncompliance 
with such requirement. 
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(b) STATUTORY CONSTRUCTION.—The requirements 
of this section shall be in addition to any other limitation 
or requirement contained in Federal law that applies to 
the authority of a Mexico-domiciled motor carrier to oper-
ate beyond United States municipalities and commercial 
zones on the United States-Mexico border. 
Æ 
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