U.S. Senator Byron Dorgan (D-ND), along with a bipartisan of lawmakers, has called for an investigation into whether the Department of Transportation has violated the Antideficiency Act for funding the Mexican truck pilot program.

Dorgan says despite the fact that he authored a provision to prohibit federal funds from being spent on this program, the Department of Transportation defied Congress and continued it.
"The Department of Transportation is not above the law. When Congress passes a law that says no funds can be used for this program, we mean no funds can be used for this program. The Department of Transportation cannot simply pick and choose which laws they want to follow and which laws they want to break."
The Commerce Committee has scheduled a full committee hearing on the Mexican Truck pilot program on Tuesday, March 11.
Dorgan's provision became law as part of the Consolidated Appropriations Act of 2008 and clearly says that no funds should be used for the Mexican truck program. Should a federal agency spend money on something specifically prohibited by existing law, it is in violation of the Antideficiency Act and subject to both civil and criminal penalties.
The DOT has said it is not in violation of the law because the provision prohibited federal funds from being used to "establish" such a program, and their program was already in place at the time the law was passed.
In a letter to the Government Accountability Office (GAO) signed by Dorgan, Senator Arlen Specter (R-PA), U.S. Reps. Jim Oberstar (D-MN) and Peter DeFazio (D-OR), the group specifically referenced the language in the Consolidated Appropriations Act, which says, "None of the funds made available under this Act may be used to establish a cross-border motor carrier demonstration program to allow Mexico-domiciled motor carriers to operate beyond the commercial zones along the international border between the United States and Mexico."
"The plain language of this provision, along with the legislative history, as set forth in the Senate and House debates and the conference report, make it clear that it was the intent of Congress to stop the demonstration program," wrote the lawmakers.
In September, when the pilot cross-border program started, the Department of Transportation Inspector General released a report finding serious problems with Mexico's record-keeping relating to accident reports, vehicle inspections, or driver violations.
"We are nowhere close to having equivalent standards and accurate information concerning trucks entering this country," said Dorgan. "Safety is why Congress adopted my amendment to prohibit this pilot program, and it is why the Department of Transportation should follow the law."