DOT Keeps Mexico Program Alive Despite Congress' Intent To Cut Off Funds

Oliver B. Patton Washington Editor

The Department of Transportation is going ahead with U.S.-Mexico cross-border trucking even though President Bush signed legislation intended to kill the program.

DOT is able to do this because the language in the appropriations bill that Bush signed in December is imprecise. It says that federal funds cannot be used to "establish" a cross-border program, but since the program was already established when Bush signed the bill, DOT contends that the funding restriction does not apply.

"In accordance with the 2008 omnibus appropriation act, the U.S. Department of Transportation will not new establish any new demonstration programs with Mexico," DOT said in a statement attributed to the Federal Motor Carrier Safety Administration, which administers the program. "The current cross-border trucking demonstration program project - established in September - will continue to operate in a manner that puts safety first."

This maneuver has set off alarms on Capitol Hill. Sen. Byron Dorgan, D-N.D., who has been a vocal opponent of the Mexico program, told DOT Secretary Mary Peters that DOT is violating congressional intent.

"The DOT response is both arrogant and wrong!" Dorgan said in a letter to Peters.

He said that he solicited an opinion on the language from the Senate Legislative Counsel, a non-partisan legislative drafting service, which responded that the provision was intended to prohibit funding for the project.

Supporters and opponents alike understood that the provision was supposed to cut off funds, Dorgan said. "I offered my amendment to stop the pilot program because I think there are real safety concerns that need to be addressed before Mexico-domiciled motor carriers are allowed to roam freely in the United States," he said.

"I urge you to immediately end the pilot program," Dorgan wrote. "The Department will be making a serious mistake if it believes it is not required to abide by this new legislation."

There is similar concern at the House Transportation and Infrastructure Committee. Spokesperson Mary Kerr said the committee agrees with Dorgan's take that DOT is violating the intent of the legislation. Both Rep. James Oberstar, D-Minn., chairman of the panel, and Rep. Peter DeFazio, D-Ore., chairman of the highway subcommittee, oppose the program.

Meanwhile, the list of Mexican and U.S. carriers signing up for the cross-border program grew slightly to 15 - 11 Mexican and four U.S. Another 37 Mexican carriers have been cleared for the program, according to FMCSA.

The program was set up by DOT to test the system it has set up to ensure the safety of Mexican carriers. It will be limited to a chosen group of up to 100 Mexican trucking companies and will last a year. A joint Mexican-American committee will monitor the pilot and at the end of the year decide whether to open the border further or make adjustments.