IV
107TH CONGRESS
1ST SESSION
H. RES. 152
Urging the President to continue to delay granting Mexico-domiciled motor
carriers authority to operate in the United States beyond the commercial
zone until the President certifies that such carriers are able and willing
to comply with United States motor carrier safety, driver safety, vehicle
safety, and environmental laws and regulations; that the United States
is able to adequately enforce such laws and regulations at the United
States-Mexico border and in each State; and that granting such operating
authority will not endanger the health, safety, and welfare of United
States citizens.
IN THE HOUSE OF REPRESENTATIVES
MAY 24, 2001
Mr. OBERSTAR (for himself, Mr. BORSKI, Mr. BROWN of Ohio, Mr. GEP-
HARDT, Mr. TOWNS, Mr. HOLDEN, Mr. DINGELL, Mr. FILNER, Mr.
RODRIGUEZ, Mr. LIPINSKI, Mr. PASCRELL, Mr. BACA, Mr. HONDA, Mr.
BALDACCI, Mr. QUINN, Ms. BERKLEY, Mr. CLEMENT, Mr. RAHALL, Mr.
CRAMER, Mr. DEFAZIO, Mr. CUMMINGS, Mr. COSTELLO, Ms. EDDIE
BERNICE JOHNSON of Texas, Mr. NADLER, Mr. SANDLIN, Mr. MCGOV-
ERN, Ms. MILLENDER-MCDONALD, Mr. MATHESON, Mr. LARSEN of
Washington, Mr. BERRY, Mrs. DAVIS of California, and Mr. MASCARA)
submitted the following resolution; which was referred to the Committee
on Transportation and Infrastructure, and in addition to the Committees
on Ways and Means, Energy and Commerce, and International Relations,
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
RESOLUTION
Urging the President to continue to delay granting Mexico-
domiciled motor carriers authority to operate in the
United States beyond the commercial zone until the
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President certifies that such carriers are able and willing
to comply with United States motor carrier safety, driver
safety, vehicle safety, and environmental laws and regula-
tions; that the United States is able to adequately en-
force such laws and regulations at the United States-
Mexico border and in each State; and that granting
such operating authority will not endanger the health,
safety, and welfare of United States citizens.
Whereas, in 1982, Congress imposed a two-year moratorium
on granting operating authority to Mexico-domiciled
motor carriers outside the border commercial zones be-
cause of concerns regarding the safe operation of such
carriers and authorized the President to remove or mod-
ify the moratorium if such action were in the national in-
terest;
Whereas the President extended the moratorium in 1984,
1986, 1988, 1990, and 1992, because of safety concerns
and because it was in the United States national interest;
Whereas, in 1994, the North American Free Trade Agree-
ment provided a schedule for the United States, Mexico,
and Canada to establish a Land Transportation Stand-
ards Subcommittee and develop compatible safety stand-
ards for the parties’ truck and bus operations; to be per-
mitted to establish enterprises in other parties’ countries;
and to be permitted to obtain operating authority for
cross-border trucking and bus services to and from
United States-Mexico border States and throughout the
United States, Mexico, and Canada;
Whereas the United States, Mexico, and Canada have not
agreed to compatible safety standards for truck and bus
operations and have not implemented the cross-border
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services and investment provisions of the North American
Free Trade Agreement;
Whereas, in 1995, Congress extended the President’s author-
ity, pursuant to the Bus Regulatory Reform Act of 1982,
to restrict access of Mexico-domiciled motor carriers to
the United States and the President extended the mora-
torium because of continued safety and security concerns
regarding Mexico-domiciled motor carriers operating in
the United States;
Whereas the President intends to open the United States to
Mexico-domiciled trucks and buses on January 1, 2002;
Whereas, in 1999, 5,380 people died and an additional
142,000 people were injured in accidents in the United
States involving 475,000 large trucks and such large
truck accidents imposed a total cost on society of more
than $34,000,000,000;
Whereas the United States Department of Transportation In-
spector General issued reports in December 1998, No-
vember 1999, and May 2001 finding that far too few
Mexico-domiciled trucks are being inspected at the
United States-Mexico border, too few inspected trucks
comply with United States safety standards, and the
United States does not have a consistent enforcement
program that provides reasonable assurances of the safe-
ty of Mexico-domiciled trucks entering the United States;
Whereas the General Accounting Office issued reports in
April 1997 and March 2000 confirming serious safety de-
ficiencies among Mexico-domiciled trucks entering the
United States and inadequate United States safety in-
spection resources;
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Whereas the Federal Motor Carrier Safety Administration re-
ports that there were approximately 4,500,000 north-
bound truck crossings into the United States from Mex-
ico during fiscal year 2000;
Whereas State and Federal safety officials performed inspec-
tions on 46,000 Mexico-domiciled trucks in fiscal year
2000, or one percent of such crossings;
Whereas the Federal Motor Carrier Safety Administration re-
ports that, during fiscal year 2000, more than one-third
(36 percent) of Mexico-domiciled trucks inspected at the
United States-Mexico border had significant safety prob-
lems that required the trucks or drivers to be removed
from service and that this safety out-of-service rate is 50
percent greater than the nationwide rate for United
States-domiciled trucks;
Whereas, in a May 2001 audit, the Department of Transpor-
tation Inspector General reports that the Federal Motor
Carrier Safety Administration does not have an imple-
mentation plan to ensure safe opening of the United
States-Mexico border to commercial vehicles;
Whereas, in a May 2001 audit, the Department of Transpor-
tation Inspector General finds that a direct correlation
exists between the condition of Mexico-domiciled trucks
entering the United States and the level of inspection re-
sources at the border;
Whereas, in a May 2001 audit, the Department of Transpor-
tation Inspector General reports that the border States
do not have permanent truck inspection facilities at 25
of the 27 southern border crossings accounting for 79
percent of the truck traffic from Mexico (3,580,000
northbound crossings in fiscal year 2000) and that exist-
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ing inspection areas lack sufficient and safe space to per-
form inspections and park out-of-service vehicles;
Whereas the Department of Transportation has not developed
and implemented border staffing standards for Federal
and State motor carrier safety inspectors even though the
Motor Carrier Safety Improvement Act of 1999 specifi-
cally required that such standards be developed and im-
plemented by December 9, 2000;
Whereas, in a May 2001 audit, the Department of Transpor-
tation Inspector General reports that there are only 50
Federal safety inspectors at the United States-Mexico
border, less than 36 percent of the minimum number of
Federal safety inspectors that the Inspector General esti-
mated were needed in 1998 (139 inspectors);
Whereas, in a May 2001 audit, the Department of Transpor-
tation Inspector General reports that their 1998 estimate
of a need for 139 Federal border safety inspectors was
a conservative number that did not account for expanded
hours of commercial port operations, continued commer-
cial traffic growth, and a fully opened border;
Whereas the Department of Transportation anticipates that
border States will shoulder greater responsibility for
international truck safety inspection and enforcement;
Whereas, in a May 2001 audit, the Department of Transpor-
tation Inspector General reports that the border States
do not provide inspectors during all commercial vehicle
operating hours at 25 of the 27 southern border cross-
ings accounting for 79 percent of the truck traffic from
Mexico (3,580,000 northbound crossings in fiscal year
2000);
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Whereas Federal and State governments share important en-
forcement responsibilities under provisions of title 49,
United States Code, and the Motor Carrier Safety Im-
provement Act of 1999 relating to the safety and oper-
ation of foreign motor carriers and drivers in the United
States;
Whereas the United States Department of Transportation
has failed to issue a number of critical regulations relat-
ing to the safety and operation of foreign motor carriers
and drivers in the United States as required by the
Motor Carrier Safety Improvement Act of 1999;
Whereas State governments have not complied with provi-
sions of the Motor Carrier Safety Improvement Act of
1999 relating to the safety and operation of foreign
motor carriers and drivers in the United States;
Whereas there is no systematic method currently in place for
verifying registration information of Mexico-domiciled
trucks to control access at the United States-Mexico bor-
der;
Whereas, in a May 2001 audit, the Department of Transpor-
tation Inspector General reports that Federal safety in-
spectors at 20 of 27 southern border crossings did not
have dedicated telephone lines to access databases, such
as those databases validating a commercial driver’s li-
cense;
Whereas, in a May 2001 audit, the Department of Transpor-
tation Inspector General reports that inspectors in border
States that account for 77 percent of truck traffic from
Mexico did not routinely review the certificates of reg-
istration because State laws are not compatible with Fed-
eral motor carrier safety law requirements regarding op-
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erating authority and that, according to State officials in
such border States, legislation has not been enacted to
provide for enforcement against motor carriers that oper-
ate in such States without a certificate of registration or
operate beyond the authority granted;
Whereas, in a November 1999 audit, the Department of
Transportation Inspector General specifically identified
254 Mexico-domiciled motor carriers that were operating
illegally beyond the commercial zones in 24 States and,
in a May 2001 audit, states that the Federal Motor Car-
rier Safety Administration’s fiscal year 2000 inspection
data indicate that Mexico-domiciled motor carriers con-
tinue to be inspected at roadside outside the commercial
zones and border States;
Whereas the Motor Carrier Safety Improvement Act of 1999
increased fines for foreign motor carriers intentionally
operating without authority to not more than $10,000
and 6-month disqualification for an initial operating au-
thority violation and not more than $25,000 and perma-
nent disqualification for a pattern of intentional oper-
ating authority violations;
Whereas, in a May 2001 audit, the Department of Transpor-
tation Inspector General reports that the Federal Motor
Carrier Administration’s assessed fines for such oper-
ating authority violations have remained constant, aver-
aging $500 to $1,000;
Whereas the United States and Mexico have not reached an
agreement providing reciprocal rights for intercity bus
service and terminal access;
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Whereas the Government of Mexico has no systematic safety
rating process in place to evaluate the safety fitness of
Mexico-domiciled motor carriers;
Whereas the Government of Mexico has no domestic roadside
inspection program;
Whereas the Government of Mexico does not have specific
hours-of-service regulations for Mexico-domiciled truck
drivers operating in Mexico, seriously jeopardizing United
States citizens if such drivers arrive at the United States-
Mexico border sleep-deprived and fatigued but are still al-
lowed to drive 10 consecutive hours in the United States
before resting;
Whereas despite a United States-Mexico agreement in 1998
that United States standards for drug and alcohol testing
will apply to Mexico-domiciled motor carriers, Mexico
does not have a laboratory, certified to United States
standards, to perform drug testing, and the Government
of Mexico has not implemented a credible and enforceable
drug and alcohol testing program;
Whereas the Government of Mexico allows much higher truck
weights than currently permitted in the United States
and has no functioning system of commercial vehicle size
and weight monitoring and certification;
Whereas the general lack of truck weigh stations at southern
border crossings impedes efforts to ensure that Mexico-
domiciled trucks operating in the United States comply
with United States truck size and weight regulations;
Whereas, in an April 2001 report, the Congressional Re-
search Service questioned the adequacy and reliability of
information systems that might help United States en-
forcement officers review applications of Mexico-domiciled
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motor carriers for operating authority or audit Mexico-
domiciled drivers operating in the United States;
Whereas there is no reasonable amount of accessible histor-
ical information available upon which to evaluate the
safety of Mexico-domiciled motor carriers and drivers
currently operating and seeking authority to operate in
the United States;
Whereas because of a lack of reliable, populated databases
that compile licensing and driving records of Mexico-dom-
iciled truck drivers and the licensing, safety records, and
violations assessed against their trucks and the inability
to obtain financial records and do on-site inspections and
audits, the American trucking insurance industry, which
is expected to insure Mexico-domiciled motor carriers, has
not been able to obtain the information and do the in-
spections necessary prior to insuring Mexico-domiciled
motor carriers, as required by Federal motor carrier safe-
ty laws;
Whereas under the North American Free Trade Agreement,
Mexico-domiciled trucks are required to meet United
States safety and environmental standards for heavy-duty
trucks, including standards governing weight, brakes, and
emissions, which are stricter in the United States than
in Mexico;
Whereas a Mexico-domiciled heavy-duty truck that uses roads
in the United States outside the commercial zones and
that is engaged in interstate commerce or imported into
the United States is subject to regulation by the National
Highway Traffic Safety Administration pursuant to chap-
ter 301 of title 49, United States Code;
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Whereas motor vehicle safety laws prohibit any person from
introducing into interstate commerce or importing into
the United States any heavy-duty truck or other motor
vehicle unless a label or tag is permanently affixed to
such vehicle certifying compliance with all applicable Fed-
eral motor vehicle safety standards;
Whereas there is no procedure for ensuring that a label or
tag certifying safety compliance is permanently affixed to
a heavy-duty truck that is imported into or manufactured
in Mexico and sold to a Mexico-domiciled motor carrier
that then introduces such truck into interstate commerce
or imports such truck into the United States;
Whereas motor vehicle safety laws require a manufacturer of
a heavy-duty truck or other motor vehicle to report any
safety-related defect or noncompliance with applicable
Federal motor vehicle standards to the Secretary of
Transportation;
Whereas there is no procedure for requiring a heavy-duty
truck manufacturer to report safety-related defects or
safety standard noncompliance to the Secretary of Trans-
portation with regard to a heavy-duty truck that is sold
to a Mexico-domiciled motor carrier that then introduces
such vehicle into interstate commerce or imports such
truck into the United States;
Whereas the Clean Air Act (42 U.S.C. 7401 et seq.) confers
authority to the Administrator of the Environmental Pro-
tection Agency to prescribe by regulation standards appli-
cable to the emission of any air pollutant from any class
of motor vehicle or motor vehicle engine which, in the Ad-
ministrator’s judgment, causes or contributes to air pollu-
tion and may reasonably be anticipated to endanger pub-
lic health or welfare;
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Whereas under such authority the Administrator has pre-
scribed standards applicable to heavy-duty trucks;
Whereas the Clean Air Act confers authority to the Adminis-
trator to regulate, control, or prohibit the manufacture,
introduction into commerce, or offering for sale of any
fuel or fuel additive for use in a motor vehicle or motor
vehicle engine if, in the judgment of the Administrator,
the emission product of such fuel or fuel additive causes
or contributes to air pollution which may reasonably be
anticipated to endanger the public health or welfare;
Whereas under such authority the Administrator has pre-
scribed regulations and controls on fuels and fuel addi-
tives used in motor vehicles and motor vehicle engines in-
cluding heavy-duty trucks; and
Whereas, in March 2001, the North American Commission
for Environmental Cooperation reports that trade result-
ing from the North American Free Trade Agreement
contributes significantly to air pollution, particularly ni-
trous oxide and particulate matter (PM–10): Now, there-
fore, be it
Resolved,
SECTION 1. DELAY ON GRANT OF OPERATING AUTHORITY.
The House of Representatives calls on the President
to continue to delay granting Mexico-domiciled motor car-
riers authority to operate in the United States beyond the
commercial zone until—
(1) the President certifies that such carriers are
able and willing to comply with United States motor
carrier safety, driver safety, vehicle safety, and envi-
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ronmental laws and regulations; that the United
States is able to adequately enforce such laws and
regulations at the United States-Mexico border and
in each State; and that granting such operating au-
thority will not endanger the health, safety, and wel-
fare of United States citizens;
(2) the Secretary of Transportation specifically
certifies to Congress that—
(A) the safety of United States citizens
traveling on United States roads and highways
will not be jeopardized by granting such oper-
ating authority;
(B) United States standards governing
commercial motor carrier safety and environ-
mental protection have not been reduced in
order to allow access for Mexico-domiciled
trucks and buses to travel throughout the
United States;
(C) the Federal Motor Carrier Safety Ad-
ministration has developed and is implementing
a plan to ensure safe opening of the United
States-Mexico border to commercial vehicles;
(D) Mexico-domiciled trucks and buses will
achieve a level of operational safety that is at
least equal to that of United States- and Can-
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to determine to what extent Federal motor
carrier safety regulations should apply to
small commercial passenger carrying vans
transporting between 9 and 15 passengers
including the driver and, at a minimum, to
apply such regulations to ‘‘camionetas’’;
(vi) sections 218(a) and 218(b) of
such Act (49 U.S.C. 31133 note; 113 Stat.
1767), requiring that border staffing
standards be developed and implemented
for Federal and State motor carrier safety
inspectors not later than December 9,
2000;
(vii) section 219(a) of such Act (49
U.S.C. 14901 note; 113 Stat. 1768), pro-
viding that foreign motor carriers that op-
erate without authority outside of the com-
mercial zone will be liable for specified civil
penalties and may be disqualified from op-
erating in the United States;
(viii) section 219(d) of such Act (49
U.S.C. 14901 note; 113 Stat. 1768), pro-
hibiting foreign motor carriers from leasing
their commercial motor vehicles to any
other carrier to transport property in the
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United States during the period in which a
suspension, condition, restriction, or limita-
tion imposed under section 13902(c) of
title 49, United States Code, applies to
such carrier;
(ix) revision of Application Form for
Mexican Motor Carriers: To Operate Be-
yond Commercial Zones, as published in
the Federal Register of May 3, 2001 (66
Fed. Reg. 22371), and as modified there-
after;
(x) revision of Application Form for
Mexican Motor Carriers: NAFTA, as pub-
lished in the Federal Register of May 3,
2001 (66 Fed. Reg. 22328), and as modi-
fied thereafter; and
(xi) accelerated Safety Monitoring
System and Compliance Initiative for
Mexican Motor Carriers Operating in the
United States, as published in the Federal
Register of May 3, 2001 (66 Fed. Reg.
22415), and as modified thereafter;
(L) the United States and Mexico have
signed an agreement providing reciprocal rights
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for any intercity bus service and terminal ac-
cess;
(M) with respect to Mexico-domiciled
motor carriers currently operating or seeking
authority to operate in the United States, the
Government of Mexico has in place and oper-
ational a systematic safety rating process to
evaluate the safety fitness of Mexico-domiciled
motor carriers;
(N) with respect to Mexico-domiciled motor
carriers currently operating or seeking author-
ity to operate in the United States, the Govern-
ment of Mexico has in place and operational a
domestic roadside inspection program;
(O) with respect to Mexico-domiciled motor
carriers currently operating or seeking author-
ity to operate in the United States, the Govern-
ment of Mexico has issued and implemented a
credible and enforceable drug and alcohol test-
ing program that meets United States stand-
ards;
(P) with respect to Mexico-domiciled motor
carriers currently operating or seeking author-
ity to operate in the United States, the Govern-
ment of Mexico has issued and implemented
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hours of service regulations for Mexico-domi-
ciled drivers, including requirements for audited
log books;
(Q) permanent weigh stations are oper-
ational at all United States-Mexico border
crossings to ensure that Mexico-domiciled
trucks operating in the United States are in
compliance with United States truck size and
weight regulations;
(R) with respect to Mexico-domiciled motor
carriers currently operating or seeking author-
ity to operate in the United States, the Govern-
ment of Mexico has in place and operational an
accessible safety database to record accidents,
infractions, and inspections of Mexico-domiciled
motor carriers and drivers;
(S) there is a reasonable amount of acces-
sible historical information available upon which
to evaluate the safety of Mexico-domiciled
motor carriers and drivers currently operating
and seeking authority to operate in the United
States; and
(T) the manufacturer of heavy-duty trucks
that are imported into or manufactured in Mex-
ico, sold to a Mexico-domiciled motor carrier
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and proposed for introduction or delivery into
interstate commerce or importation into the
United States, is in compliance with any notice,
certification, or disclosure requirement of, or
safety standard issued pursuant to, chapter 301
of title 49, United States Code, to the same ex-
tent that such requirement or standard applies
to any heavy-duty truck manufacturer regulated
by the National Highway Traffic Safety Admin-
istration under that chapter; and
(3) the Administrator of the Environmental
Protection Agency specifically certifies to Congress
that the Administrator has taken all necessary steps
to ensure that the manufacturer, owner, and oper-
ator of Mexico-domiciled trucks operating outside a
commercial zone comply with any notice, certifi-
cation, disclosure requirement of, or environmental
standard issued pursuant to the Clean Air Act (42
U.S.C. 7401 et seq.) to the same extent that such
requirement or standard applies to any heavy-duty
truck or heavy-duty truck engine regulated by the
Environmental Protection Agency.