Well, I believe in giving credit where credit is due, but also in not overstating the credit. The OOIDA was involved, as was the ATA, the CVSA (Commercial Vehicle Safety Alliance) and the AAMVA (American Association of Motor Vehicle Administrators. But regardless of how many phone calls were made, or who endorsed the amendment, this was gonna happen no matter what.
The 9/11 Commission identified the national security threat where foreign trucking entities were entering the U.S. and violating immigration and customs laws, and gave recommendations to stop it. Those recommendations are in the Talent-Pryor Amendment.
In addition to the 9/11 Commission, a memo dated June 4, 2004 the DOT Inspector General noted the glaring loophole in the regulations regarding citizenship and CDL licenses, where only those applying for HAZMAT endorsement were required to provide proof of citizenship. The DOT memo went on to recommend that the the citizenship or legal status of all CDL applicants be established before issuing the license, as well as the recommendation of uniform guidelines and procedures to verify that foreign trucks operating on U.S. roads meet safety and operating authority requirements, and that the drivers of those trucks are in the country legally and are complying with FMCSA regulations, all of which is also a part of the Talent-Pryor Amendment.
So while thanks go to OOIDA and those who called their representatives, this bill passed the House by a margin of 421-Yes, 2-No, 9-Abstentions, and it passed the Senate with 98-0-2. I guess those phone calls made all the difference.
Here's the actual text of the Amendment:
SA 4959. Mr. PRYOR (for himself and Mr. Talent) submitted an amendment intended to be proposed by him to the bill H.R. 4954, to improve maritime and cargo security through enhanced layered defenses, and for other purposes; which was ordered to lie on the table; as follows:
At the appropriate place, insert the following:
SEC. __. TRUCKING SECURITY.
(a) Legal Status Verification for Licensed United States Commercial Drivers.--Not later than 12 months after the date of the enactment of this Act, the Secretary of Transportation, in cooperation with the Secretary of Homeland Security, shall issue regulations to implement the recommendations contained in the memorandum of the Inspector General of the Department of Transportation issued on June 4, 2004 (Control No. 2004-054).
(b) Commercial Driver's License Anti-Fraud Programs.--Not later than 12 months after the date of the enactment of this Act, the Secretary of the Transportation, in conjunction with the Secretary of the Department of Homeland Security, shall issue a regulation to implement the recommendations contained in the Report on Federal Motor Carrier Safety Administration Oversight of the Commercial Driver's License Program (MH-2006-037).
(c) Verification of Commercial Motor Vehicle Traffic.--
(1) GUIDELINES.--Not later than 12 months after the date of the enactment of this Act, the Secretary of Homeland Security shall draft guidelines for Federal, State, and local law enforcement officials, including motor carrier safety enforcement personnel, to improve compliance with Federal immigration and customs laws applicable to foreign-based commercial motor vehicles and commercial motor vehicle operators. Such guidelines shall include recommendations regarding--
(A) penalties, fines, and forfeitures for violations of immigration and customs laws; and
(B) changes in Federal, State and local laws that would improve compliance with Federal immigration and customs laws.
(2) VERIFICATION.--Not later than 12 months after the date of the enactment of this Act, the Administrator of the Federal Motor Carrier Safety Administration shall modify the final rule regarding the enforcement of operating authority (Docket No. FMCSA-2002-13015) to establish a system or process by which a carrier's operating authority can be verified during a roadside inspection.
(As printed in the Congressional Record for the Senate on Sep 12, 2006.)
Incidentally, Hilary managed to sneak in three amendments herself, one of which was Homeland Security related (additional funding for research into methods of detecting explosives at airports, $200k and $250K for the next two years, the other two were feel-good spending measures that had nothing do with making the nation more secure.
One had to do with facilitating (funding) nationwide 2-1-1 service with $75 million for 2007, and "such sums as necessary for fiscal years 2008-2012" which could mean a lot, and the other one was considerably more money, $1.9 Billion for fiscal years 2007-2011, to be paid in grants to eligible entities to provide medical and mental health monitoring, tracking, and treatment to individuals whose health has been directly impacted as a result of the attacks on New York City on 9/11. Individuals with insufficient or no health care insurance is eligible to receive free treatment under the bill. She did, at least, limit the Secretary of Health and Human Services to a maximum of $10 million to be used for staffing and administration of the program. :+
