Mr. President, I ask unanimous consent that the order for the quorum call be rescinded. Mr. President, I have previously described an amendment I wish to offer. I believe I have filed the amendment. It is an amendment that deals with…
Mr. President, I ask unanimous consent that the order for the quorum call be rescinded.
Mr. President, I have previously described an amendment I wish to offer. I believe I have filed the amendment. It is an amendment that deals with Mexican trucks. I wish to offer it at this point on behalf of myself and Senator Specter from Pennsylvania and other cosponsors. It is amendment No. 2797.
I ask that we consider that amendment. I believe there is no amendment pending at the moment, so I do not need consent to set an amendment aside. I ask for the immediate consideration of the amendment I just described.
Mr. President, I ask unanimous consent that the reading of the amendment be dispensed with.
Mr. President, as I indicated, I am offering the amendment on behalf of myself, Senator Specter of Pennsylvania, and others. I believe my colleague, the chairman of the subcommittee, is working with the ranking member of the subcommittee for a time agreement. I don't believe a time agreement exists at this point.
With consent, I ask that Senator Specter from Pennsylvania be recognized. He has a time commitment. He was asking to be recognized now. I previously said a few words about this amendment. I will speak about it in greater detail in a bit. I ask unanimous consent for Senator Specter to be recognized for as much time as he may consume. If he is not ready, Mr. President, I will continue for just a moment to describe the amendment.
I will be happy to yield to my colleague from the State of Washington.
Mr. President, I am going to recognize my colleague from Pennsylvania in a moment, but let me describe very briefly what this amendment is.
Over this past weekend, a pilot project was initiated by the Department of Transportation dealing with long-haul Mexican trucks coming into this country. My contention is, and I think it is buttressed by the inspector general's report that was issued on this subject, that they are nowhere near having the information that would give them the opportunity to initiate long-haul Mexican trucks coming into this country. We have, since the advent of the North American Free Trade Agreement, allowed Mexican trucks to come in within a 25-mile radius of the Mexican border.
I will be glad to yield.
Mr. President, again, this is an amendment that deals with the issue of a pilot project on long-haul trucking into this country. The House of Representatives has already passed a piece of legislation that would prohibit that pilot project, and this amendment would do the same for the Senate.
I will describe in some detail the reasons for the amendment, but I am pleased a cosponsor, Senator Specter, wishes to make a statement. I know he has a time constraint, so I will relinquish the floor so Senator Specter can make a statement.
Mr. President, I thank my colleague from Pennsylvania. The statements he made represent the crux of the matter, the issue of: Are there equivalent standards and is there equivalent enforcement with respect to trucking in Mexico, and would that then allow us to feel assured that long-haul Mexican trucks entering this country all across the United States would give us the same notion of safety we have with respect to the kinds of restrictions, the kinds of regulations we have in the United States?
Mr. President, I am going to get some charts I will make a presentation with in a couple of moments. It will take me a minute to get the charts I want to show my colleagues.
Let me, for the moment, suggest the absence of a quorum.
Mr. President, I ask unanimous consent that the order for the quorum call be rescinded.
Mr. President, my colleague from Pennsylvania said it well, I believe. Look, Mexico is a neighbor of ours to the South. We don't come to the floor, none of us would come to the floor of the Senate, under any condition, whether it is a trade debate or a debate about Mexican trucking, in a way that is pejorative with respect to our neighbor. But it is important to understand that we are two different countries and, in many ways, have very different approaches to some of these issues.
With respect to trucking, we have not previously allowed long-haul Mexican trucking into this country. We have allowed a 25-mile periphery, or 25-mile diameter from the border, but we have not allowed long-haul trucking in this country from Mexico. The reason: There has not been a demonstration that there are equivalent standards and equivalent enforcement with respect to Mexican trucks and U.S. trucks.
Now, we have built, over a long period of time, very significant and stiff requirements for long-haul trucks in this country. We require certain things of drivers. There are hours of service they can't go beyond, there are logbook requirements that are significant, there is equipment inspection that is very significant, there is reporting of accidents, and a whole series of things we have done in this country to try to understand and make certain the trucking is safe. Are there accidents from time to time? Sure. But it is not because we don't have in place significant regulatory capability, and it is not because we don't enforce it. We have regulations and we have enforcement.
Now, I want to show my colleagues what happened last Thursday night. Last Thursday night, at 7:30 in the evening, the Department of Transportation received what is called the Office of Inspector General's Report. They have always wanted down at DOT to do a pilot program for long-haul Mexican trucks, but they have been prevented from doing that because I and others put a provision in law that says you can't proceed with this pilot project until you get the inspector general's report and see what the situation is.
Well, they got it Thursday night. It is 42 pages. I have a copy of it, or we are getting a copy of it--42 pages. At 7:30 at night they received the inspector general's report, and at 8:30 at night they triggered the pilot project.
I tell you what, I took Evelyn Woods' speed reading course in college. I remember taking that, and all of a sudden I was galloping along. I started at about 300 words a minute and pretty soon I was reading at about 1,200 words per minute. It was remarkable. But that is nothing compared to what they do at the Department of Transportation, apparently. This is speed reading par excellence. In 1 hour, they digested the inspector general's conclusions in the inspector general's report. Or maybe there is another answer. Maybe they had already decided what they were going to do, and it didn't matter very much.
Let me tell you what the inspector general's report says. It says:
While Department of Transportation officials inspecting
Mexican truck companies took steps to verify the on-site
data, we noted that certain information was not available to
them.
What kind of information wasn't available? Well, little things, apparently. They say:
Specifically, information pertaining to vehicle
inspections, accident reports, and driver violations.
Excuse me, I am sorry, that represents the entire guts of what you need to know if you are going to assure the safety of the American driver as we begin to see long-haul Mexican trucks coming into this country--vehicle inspections, accident reports, and driver violations.
Now, this morning I showed a news report of a tragic accident, an almost unbelievable accident that happened in Mexico. It is heartbreaking to understand the consequences of this. Two trucks collided. This is in today's paper. Two trucks collided. Thirty-seven died and 150 were injured. There was a blast, because one of the trucks was carrying explosives. This was in a mining area. One truck loaded with explosives crashed into another. It caused a crater of 65 feet, with 150 people injured and 37 people killed.
Now, I don't know the specifics of this. I am only saying that at a time when we are speaking of safety issues, this was in the paper this morning. My guess is when you move explosives around in this country, particularly on our roads, we have very specific standards--vehicles in front with warning signs, vehicles behind. My guess is--and I don't know what those standards are--that we have very specific standards about the conditions under which you would do that.
I don't know whether those standards exist in Mexico. I suspect we will learn about that. But I think the questions of the maintenance of the vehicles, these heavy, 18-wheel vehicles that come moving down our highways, are very important questions. They are not resolved.
Let me go to page 2 of the inspector general's report. You don't have to go further than page 2. It says the following, that the Federal Motor Vehicle Group down at DOT ``agreed to develop a plan to check every truck every time.''
So they are going to check every truck every time in this pilot program, and they have certified 100 trucking companies to be able to come in, but the inspector general says, ``as of July, 2007,'' a month and a half ago, ``no coordinated site-specific plans to carry out such checks were in place'' and they stated they would have the plans then outlined by August 22, but we have not received any outlines or completed plans. ``In our opinion,'' they say, ``not having site specific plans developed and in place prior to initiating this project will increase the risk that project participants will be able to avoid the required checks.''
All of us have heard these things from the Federal agencies: Trust us; we are going to do it; we promise; we pledge. Somehow it does not get done.
We have an inspector general's report that came out on Thursday evening at 7:30, and on Thursday evening at 8:30 the Department of Transportation wanted to trigger this report.
I have found some things in this report that would give the Department some comfort. They are there. But you cannot avoid page 2. That provides no comfort at all. They say they are going to inspect every truck every time. They are not and cannot. You cannot avoid this: that the only information they have is information that comes from the trucking companies that wish to give it to them. Otherwise no information was available. No database was made available to them, and no information on these three critical issues: vehicle inspections, accident reports, and driver violations.
That is the ball game. So the U.S. House of Representatives has already passed by voice vote a provision that says ``no money in this appropriations bill shall or can be used to continue this pilot project.'' With my colleague from Pennsylvania, Senator Specter, and others, I propose we do exactly the same thing. This amendment is identical to that which the House has
passed. It makes sense to me. Will there be, at some point, because we have a trade agreement called NAFTA with Mexico, homogenization of rules and standards and so forth with respect to trucking? Maybe. Will at that point there be long-term trucking in this hemisphere from Canada to the United States to Mexico? Maybe. But there will not be, in my judgment, until we are satisfied as a country that the standards and enforcement of those standards, which is the most important issue--the enforcement of those standards with respect to Mexican long-haul trucking are at least equivalent to that which we have in this country.
When an American citizen pulls up at a four-way stop sign or drives down a road, a two-lane or a four-lane road, it doesn't matter, and comes next to an 18-wheel truck, I believe most of them want to be assured that the inspections on that vehicle, the requirements on that driver, are the equivalent--if they are not from this country--are the equivalent to the standards we have already imposed.
When that is the case, I think the consumers, the drivers, the American people will not have additional risk. Until that is the case they most certainly will have additional risk.
Again, one can argue, I suppose--one can debate at great length this issue and talk about what has been done--the improvements, the progress. But one cannot ignore the fact that what we know about Mexican trucking with respect to vehicle inspections, with respect to drivers' records and accident reports, we are getting only from voluntary compliance from those companies that wish to provide it. That is the case.
My amendment is very simple. I have more to say, but I think there are others who wish to speak. I will defer to them and then speak following that.
I yield the floor.
First of all, I thank the Senator from Oklahoma. I think it is the case that the Department of Transportation--and I think this is true under most administrations--that whatever they want to do they will give you words of assurance that whatever they want to do they will do it right and make sure all the t's are crossed and the i's are dotted, but it is the case that the inspector general describes for us what the Department of Transportation says it will do, it is not doing.
We do not have to debate that. It is a circumstance--let me go back to this chart, if I might, to describe what the inspector general says.
It seems to me the key issue, as my colleague from Oklahoma suggests, if we have long-haul Mexican trucks on the roads in this country, the question is, when you are driving beside one or coming to a four-way stop and meeting one, does that 18-wheel truck have the same vehicle inspection, the same level of safety? Does the driver have the same hours of service, the same requirements that our drivers do? Do we have the same accident record and reports on that driver?
The answer is no. So that in itself obliterates the question of are we ready to integrate that Mexican long-haul trucking experience into this country.
It is true the Canadians are here. We have similar, nearly equivalent standards and enforcement with respect to
Canada. Of course, an added issue with respect to Mexico is the language issue, and there is an English requirement. But the Department of Transportation folks, who really do this sort of thing, kind of roll their eyes, saying: That is fairly hard to enforce.
But I do want to make this point. What the inspector general's report says, on two pieces--No. 1, on page 2, again, he said ``DOT said they will check every truck every time.'' That is part of the assurance.
[B]ut in July 2007, no coordinated site-specific plans to
carry out such checks were in place.
FMCSA stated that it would have plans outlined by August
22, 2007, but [the inspector general said] we have not
received any outlines or completed plans. In our opinion, not
having site-specific plans developed and in place prior to
initiating the demonstration project will increase the risk
that project participants will be able to avoid the required
checks.
That is the dilemma.
Also, in addition to that, the inspector general says:
The DOT officials inspecting Mexican truck companies took
steps to verify the on-site data. We noted that certain
information was not available to them. Specifically,
information pertaining to vehicle inspections, accident
reports, and driver violations--
That is the ball game. If you do not have those, you don't have a base of information on which to make a judgment that this is going to be safe for the American people.
My point is we have developed certain standards in this country. I know in some cases we have developed those standards after great debate. They represent regulations, and no one likes regulations. But in many cases these regulations are necessary in order to assure us of the kind of safety we would expect on the roads. We license drivers, we inspect trucks, and require certain things of trucks. We have certain standards which you are required to meet when you haul certain kinds of products. We do all those things.
Is it perfect? No, not at all. But are they standards we understand, and are they standards we try to enforce in every case in every State? They are. Sometimes we make mistakes, sometimes the enforcement fails a bit, but that is a very different set of circumstances than trying to integrate that system with a country that while it has standards, does not have the same kind of enforcement.
You do not have to take it from me, there are volumes of testimony in the Congress from previous hearings about the circumstances of the lack of enforcement of these standards in Mexico.
Now, when these issues are resolved, you will not have amendments such as this on the floor of the Senate. But I do not see them resolved any time soon. I think the inspector general's report itself says they are not resolved. When you say, as they have said in the report released last Thursday night, the only information available was in the company records when the records were volunteered to them, otherwise there is no base of information.
There is no base of data with which to judge these central questions: Are the trucks safe? Is the inspection standard rigorous? Does it meet anything near our standard? Do we have drivers who are going to enter this country with the same rigorous requirement with respect to hours of service, recordkeeping, logbooks, accident reports, all of those issues? The answer to that is no. It is clearly no.
The answer to that is embedded in the inspector general's report. I, for the life of me, do not understand why, before the ink was dry Thursday night, 1 hour later the Department of Transportation decided we have to now have assimilated, apparently through some kind of speed reading of this IG's report, we now have to implemented this program which the House of Representatives, by voice vote, said: No funds should be allowed to be used for the program for the reasons I have described. I believe the Senate should take similar action.
Finally, let me say this, I tried to say it earlier: Mexico is a neighbor of ours. Always we should treat neighbors with respect. We have a lot of things we do with Mexico. There are many areas in which we cooperate and agree. We have a trade agreement. I happen to agree with my colleague from Oklahoma. I did not vote for the trade agreement either. I think the trade agreement has been a horrible mistake.
I am talking about NAFTA, the North American Free Trade Agreement. We turned a very small surplus with Mexico into a very large trade deficit with Mexico. We turned a moderate trade deficit with Canada into a very large trade deficit. So by any standard I think this has been a failure.
But aside from the fact it is a failure, it does have a requirement to homogenize the standards and the ability to allow long-haul trucking into this country; but it does not do so in a way that allows us or requires us to obliterate our determination for what is safe for American drivers. That is why I am on the floor of the Senate hoping we will do what the House of Representatives has already done by voice vote and pass this amendment.
It will come back. There will be another day. There will be a time, my guess is, when there will not be objection to this because the standards are homogeneous, the standards Americans have are the same and the enforcement is reasonable. We believe the enforcement to be significant enough to provide significant safety without additional risks to American drivers. That is not the case today.
I would be happy to yield.
Well, it is interesting to me in trade discussions. For example, Mexico has pretty decent environmental standards. Someone said: Well, you have big environmental standards in Mexico. Yes, the problem is they are not enforced at all.
So it doesn't matter to me what the standards required are, that is why I have emphasized enforcement. What are the standards and are the standards enforced? In most cases the answer is, with respect to Mexico, they are not enforced to the same degree we enforce the standards in this country.
I do not believe you can make the case that there is similarity between the Canadian enforcement of good standards with respect to truck safety and the Mexican lack--I don't think you can make the same case it exists in identical fashion with Canada or Mexico. I think the evidence is quite clear the standards, with respect to Mexico, are lower, especially with respect to its enforcement.
The reason I say that is this: If you had standards in Mexico that were enforced, and therefore you had knowledge of the issue of vehicle inspections, you had knowledge of accident reports and driver violations, there would be a database in Mexico by which you could access the data and make an evaluation of the data.
Our inspector general has already determined no such database exists.
I would be happy to respond.
Well, it is interesting. We have some experience in that as well. Let me use the experience of meat; meat from Canada and meat from Mexico. We allow, because they have equivalent standards and equivalent inspections, we believe, for meat to leave a Canadian plant and to come into this country uninspected at our border.
We allow that because we believe there are standards and enforcement that are equivalent to the standards of this country. I have spoken on the floor, and my colleague, I think, was not here at the time, but I held up a, I think a 2-pound piece of T-bone steak one day and said: Can anybody tell me where this came from? Because meat is not labeled, it should be, but it is not. I said: Can you tell me if it came from the processing plant, the slaughter plant in Hermosillo, Mexico. Because if it did, I wish to read to you the one time an inspector went there. It was a plant that was allowed to slaughter cattle and produce meat shipped into our country. One inspector showed up one time. I read the report of the inspector on the floor of the Senate. Sufficient to say, no one would want to purchase meat from that plant.
It was promptly closed down, the ownership changed, the plant is now sending meat back into this country. I do not believe it has been inspected again. My point is the requirement to inspect, with respect to slaughterhouses in Mexico, is one example. My colleague says: Well, if we would send people down to inspect in Mexico, would that give you comfort?
Well, we are told by the Department of Transportation what will give us comfort is this, that they will check every truck every time. The problem is, we are told this by the inspector general: They are not going to inspect every truck every time. Yes, they tell you that. That is what they claim. But here is the reality. They have no plans, no outlines to inspect every truck every time. They have no site-specific plans developed and in place prior to initiating this project. The risk is, the project participants will be able to avoid the required checks.
So you know, once again, there is a great variation between what the Federal agency says and what it is willing to do. So my colleague and others might be comforted by the fact that say: We will go there, we will do those rigorously. I am not so comforted because we have had plenty of experience with that.
Mr. President, my colleague is not accurate. They, in fact, did say they were going to inspect every time. Let me read the inspector general's report. After our visit to Federal--it is the FMCSA, one of these other acronyms in Government again. The Federal Motor Carrier Safety Administration. It is in DOT.
So the Federal Motor Carrier Safety Administration agreed to develop a plan to check every truck every time. So that is exactly what they said. But the inspector general says: They are not going to do that. He says, as of July, there is no coordinated site-specific plan to carry out such checks. Then they said: Well, we will have it done by August 22. They said: We have not received any outlines or completed plans. In our opinion, not having site-specific plans in place prior to initiating the project will increase the risk project participants will be able to avoid the required checks.
I would say to my colleague, I do not always dismiss this issue of inspections because I think sufficient inspections can be very helpful. But having been on the floor of the Senate now speaking about the issue of tainted products coming into this country, understanding whether it is trinkets or toys or shrimp or catfish or tires, car tires, or any number of pet foods, having spoken about them at some length and understanding that we inspect 1 percent of them.
We inspect 1 percent, 99 percent of the vegetables and the trinkets and toys come in here without any inspection. Now we are told, if we would allow the Department of Transportation to proceed with this project, which they announced late at night with 1 hour of review of the inspector general's report, if we would only allow them to proceed, boy, they guarantee they will inspect.
I am sorry. I think the evidence, with respect to the Federal Government, would suggest a different conclusion and a different result. I hope at some point we do not have these issues. You know, I mean I can give you lots of examples of what has promised to have been homogenized between the United States, Canada, and Mexico because of the trade agreement. But promises are cheap.
I mean, there are lots of promises, and very few are kept with respect to these trade agreements. The trade agreements are similar to Swiss cheese, riddled with holes.
This, in my judgment, is a circumstance where, if we decide to proceed to say: Under these conditions, we will allow immediately the Department of Transportation to move to this pilot project, I think we will make a mistake. We will make a mistake on behalf of those who are traveling on America's roads, who at some point, coming up to a four- way stop or a stoplight or meeting on a four-way highway, some vehicle that was not subject to the same rigor and the same inspections that exist in this country because they did not have the same enforcement, I think someone will be injured. That risk ought not be borne by the American consumer or the American driver.
We ought to decide what is fair. You know, we have spent a century lifting this country's standards and demanding in this country. Upton Sinclair wrote that book and described at the start of the century, start of the last century, in Chicago, IL, at the big packing houses, how when they were slaughtering cattle and trying to control the rat population in the slaughterhouses, they put poison on bread loaves and things.
They would kill the rats, and they would shove the dead rats and the bread loaves and the meat down the same chute, and out the other side of the chute would come some sausage and some steak and some meat, and off to the consumer. Well a tremendous public outcry resulted from that, and we developed regulations.
So we have standards and regulations in a number of areas. This is but one area in which we have standards and regulations. They can be standards and regulations that are the difference between life or death. Because, when you are on America's roads and highways, safety is very important.
My own view is, I think the Department of Transportation is making a mistake. I think all the promises and all the assurances will fall far short of what the American consumer and the American driver should expect to minimize risk and to maximize safety on America's roads.
I yield the floor.