President Signs FY 2007 Supplemental Appropriations Bill into Law (Part I - Mexican Truck Pilot, CBP Funding)

This is Part I of a multi-part summary of P.L. 110-28 and focuses on the Act's funding and other requirements for the upcoming U.S.-Mexico Trucking Pilot and certain additional funding provided to U.S. Customs and Border Protection. See future issues of ITT for additional summaries.

Funding Restrictions on Authorization of Mexico-Domiciled Trucks in U.S.

P.L. 110-28 states that funds limited or appropriated for the Department of Transportation (DOT) may be obligated or expended to grant authority to a Mexico-domiciled motor carrier to operate beyond U.S. municipalities and commercial zones on the U.S.-Mexico border only to the extent that:

1. granting such authority is first tested as part of a pilot program;
2. such pilot program complies with the requirements of Section 350 of P.L. 107-87 and 49 USC 31315(c), related to pilot programs; and
3. simultaneous and comparable authority to operate within Mexico is made available to motor carriers domiciled in the U.S.

(See ITT's Online Archives or 05/07/07 news, 07050710, for BP summary of DOT's notice announcing the pending initiation of a one-year cross border trucking operations pilot.¹)

Requirements Before U.S./Mexico Trucking Pilot Can be Initiated

P.L. 110-28 also states that prior to the initiation of the cross border trucking pilot program in any FY:

1. the DOT's Inspector General (IG) shall transmit to Congress and the Secretary of Transportation (DOT Secretary) a report verifying compliance with Section 350 of P.L. 107-87;
2. the DOT Secretary shall:

(a) take action necessary to address issues raised in the IG report and submit a report to Congress detailing such actions; and

(b) publish a notice in the Federal Register and provide an opportunity to comment regarding various pilot-related issues, such as pre-authorization safety audits, health and safety protection measures, pilot evaluation standards, list of motor carrier safety laws and regulations, etc.

1. during and following the pilot program, the DOT's IG shall monitor and submit to Congress and the DOT Secretary certain reports.

Separate Pilot for Mexican Trucks, Coaches with Placarded Quantities of Hazmats

In the event that the DOT Secretary in any FY seeks to grant operating authority for the purpose of initiating cross-border operations beyond U.S. municipalities and commercial zones on the U.S.-Mexico border either with Mexico-domiciled motor coaches or Mexico-domiciled commercial motor vehicles carrying placardable quantities of hazardous materials, such activities shall be initiated only after the conclusion of a separate pilot program limited to vehicles of the pertinent type.

Additional Funding Provided for CBP's Targeting/Screening Staff, SFI, Etc.

P.L. 110-28 provides an additional $75 million (available until September 30, 2008) for the following:

targeting and screening staff - hiring at least 400 additional CBP Officers, as well as additional intelligence analysts, trade specialists, and support staff to target and screen U.S.-bound cargo on the Northern Border, at overseas locations, and at the National Targeting Center;

SAFE Port Act implementation - to implement Security and Accountability For Every (SAFE) Port Act of 2006 (P.L. 109-347) requirements;

Secure Freight Initiative - to advance the goals of the Secure Freight Initiative to improve significantly the ability of CBP to target and analyze U.S.-bound cargo containers;

overseas screening and inspection of U.S. bound cargo - to expand overseas screening and physical inspection capacity for U.S.-bound cargo;

non-intrusive inspection equipment - to procure and integrate non-intrusive inspection equipment into inspection and radiation detection operations; and

supply chain security improvements - to improve supply chain security, to include enhanced analytic and targeting systems using data collected via commercial and government technologies and databases.

P.L. 110-28 also requires the Secretary of Homeland Security (DHS Secretary) to submit an expenditure plan for the use of these funds to the House and Senate Appropriations Committees no later than 30 days after enactment of this Act.

¹DOT has issued a notice announcing the initiation of and requesting comments on a pilot program to demonstrate the ability of Mexico-based motor carriers to operate safely in the U.S. beyond the commercial zones along the U.S.-Mexico border. The pilot program is part of the Federal Motor Carriers Safety Administration's implementation of the North American Free Trade Agreement (NAFTA) cross-border trucking provisions. The pilot will allow up to 100 Mexico-domiciled motor carriers to operate throughout the U.S. for one year. Up to 100 U.S.-domiciled motor carriers will be granted reciprocal rights to operate in Mexico for the same period.

DOT stated that there is currently no set date for this program to begin; it will begin when both Mexico and the U.S. are ready to issue operating authorities. (The U.S. is ready to issue, but Mexico is still finalizing an application form and procedures for use by interested U.S. motor carriers.) (See ITT's Online Archives or 05/07/07 news, 07050710, for BP summary of this DOT notice.)

H.R. 2206, as passed by the House and Senate, available at http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=110_cong_bills&docid=f:h2206enr.txt.pdf.