[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1773 Reported in House (RH)]
Union Calendar No. 87
110th CONGRESS
1st Session
H. R. 1773
[Report No. 110-147]
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.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
March 29, 2007
Mrs. Boyda of Kansas (for herself, Mr. DeFazio, and Mr. Oberstar)
introduced the following bill; which was referred to the Committee on
Transportation and Infrastructure
May 14, 2007
Additional sponsors: Mr. Ryan of Ohio, Mr. Holden, Mr. Wilson of Ohio,
Mr. Lantos, Mr. Abercrombie, Ms. Herseth Sandlin, Mr. Carnahan, Mr.
Ferguson, Mr. Lincoln Davis of Tennessee, Mrs. Emerson, Mrs. Miller of
Michigan, Mr. Cleaver, Mr. LoBiondo, Mrs. Napolitano, Mr. Hoekstra, Mr.
Udall of Colorado, Mr. Altmire, Ms. McCollum of Minnesota, Mr. Rahall,
Mr. Skelton, Mr. Davis of Kentucky, Mr. Shuler, Mr. Carney, Mr. Kagen,
Ms. Corrine Brown of Florida, Mr. Michaud, Mr. Baird, Mr. Costello, Mr.
Boswell, Mr. LaTourette, Mr. Mitchell, Mr. Lipinski, Mr. Higgins, Mr.
Murtha, Mr. Walz of Minnesota, Mr. Arcuri, Mr. Patrick Murphy of
Pennsylvania, Ms. Kaptur, Ms. Woolsey, Mr. Hare, Mr. Poe, Mr. English
of Pennsylvania, Mr. Mollohan, Mr. Moore of Kansas, Mr. Ellsworth, Mr.
Ross, Ms. Sutton, Mr. Berry, Mr. Johnson of Georgia, and Mr. Roskam
May 14, 2007
Reported with an amendment, committed to the Committee of the Whole
House on the State of the Union, and ordered to be printed
[Strike out all after the enacting clause and insert the part printed
in italic]
[For text of introduced bill, see copy of bill as introduced on March
29, 2007]
_______________________________________________________________________
A BILL
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.
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 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.
Union Calendar No. 87
110th CONGRESS
1st Session
H. R. 1773
[Report No. 110-147]
_______________________________________________________________________
A BILL
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.
_______________________________________________________________________
May 14, 2007
Reported with an amendment, committed to the Committee of the Whole
House on the State of the Union, and ordered to be printed