The Nation

WASHINGTON — Fresh off his effort to petition the White House to suspend the electronic logging device (ELD) mandate, Small Business in Transportation Coalition Executive Director James Lamb has turned his attention to the Federal Motor Carrier Safety Administration, initiating a petition drive to defund the agency that regulates the commercial motor vehicle industry. In a letter to Congressional leaders lambasted the agency, Lamb claimed it was knowingly and recklessly delaying essential motor carrier safety enforcement funds to states for three years in a row in violation of federal law. State supported commercial vehicle law enforcement agencies are funded in part by federal funds allocated by the FMCSA. In the letter, Lamb wrote the FMCSA was failing to “faithfully execute its mandate, dereliction of duty, negligent and reckless disregard for public safety, failure to abide by Congressional directives, failure to reduce large truck fatalities, general incompetence, repeated violations of federal law and political corruption. “We cannot fathom how or why the FMCSA would think it is OK to knowingly deprive the states of safety funds critical to achieving motor carrier safety,” Lamb said in the letter. “We note the FMCSA has known — or should have known — since 2007 that such prolonged delays have a devasting (sic) impact on the ability of states to improve motor carrier safety. It appears these bureaucrats simply do not care.” Lamb also suggested the agency has failed in its mission to improve motor carrier safety at the federal level, citing the National Highway Traffic Safety Administration report that said despite a general increase in highway fatalities, large truck fatalities increased. NHTSA defines a large truck as a truck with a gross vehicle weight rating of 10,001 pounds or more. “This is on top of an increase of at least 4.9% in large truck fatalities in 2017, the year the ELD mandate went into effect,” Lamb wrote. “We note that the Department of Transportation reported that truck fatalities for 2017 had increased 9% and that the department has now removed from this statistic some pick-up trucks from the large truck category, which, when combined with a trailer, still constitute commercial motor vehicles over 10,000 pounds calling into question whether they are trying to skew the results to achieve a lower increase in fatality percentage. In any event, this is now a 30-year high. Large truck occupants have not died at this rate since 1988. This is abysmal and the Secretary should not be applauding this failure.” “The petition we ran during the holidays to defund the agency received 1,700 signatures,” Lamb told The Trucker. “We also ran a straw poll thereafter that shows over 90% of respondents agree with the SBTC’s campaign to defund. We are engaging Congressional staffers. Our lobbyist advises he is seeing signs of support among fiscal conservatives.” A spokesman for the FMCSA said the agency would have no comment on Lamb’s initiative. Late last year Lamb spent several weeks gathering signatures for his ELD suspension campaign. He said he hoped to get 100,000 signatures on a petition he was planning to send to President Donald J. Trump. In late November, Lamb said he had gathered 32,000 signatures. “We continue to discuss suspending ELDs with Congressional staffers,” Lamb said. “We have run into some political opposition getting the bill sponsored in the Senate. We are waiting to assess the impact of the transition to ELDs to determine if we can state we were correct about disruptions and effects on capacity. That may not come until the end of the first quarter. Lamb noted the impeachment debate took over center stage over the past 30 days and now there is the situation in Iran. “As trucking media cover the story of our reasons for calling for the defunding the agency, we believe we will build more momentum,” he said. “Failure to facilitate 2020 motor carrier safety funds to the states in accordance with the 90-day UCR rulemaking statute for three years straight along with failure to improve safety generally are the central reasons for defunding and moving toward an independent regulatory commission.” The SBTC website says the organization has 15,000 members.

WASHINGTON – On Monday, the Congressionally-mandated Commercial Driver’s License Drug and Alcohol Clearinghouse website opened, and its mandatory use is now in effect. For some users, however, the site has been inaccessible. A spokesperson for the Federal Motor Carrier Safety Administration said the agency is continuing to work to resolve these technical challenges as soon as possible. “FMCSA is working to correct ongoing connectivity issues with Drug and Alcohol Clearinghouse website,” a FMCSA spokesperson said. “While many users have been able to access the database correctly, the Agency is aware that other users are experiencing difficulties with the website.” During a conference call Monday afternoon, FMCSA told the Truckload Carriers Association that is carriers are facing this problem, attempting to hire today or conducting orientation classes, a manual query of a driver’s history of drug test results would temporarily suffice. When the website is properly functioning, FMCSA’s clearinghouse website contains resources, including user brochures and instructional aids with step-by-step registration instructions for all users. The clearinghouse aims to be a secure online database that will allow FMCSA, CMV employers, state driver licensing agencies, and law enforcement officials to identify – in real-time – CDL drivers who have violated federal drug and alcohol testing program requirements, and thereby improve safety on the nation’s roads. Commercial driver’s license (CDL) holders, employers, medical review officers and substance abuse professionals can visit https://clearinghouse.fmcsa.dot.gov and register to create a secure online user account. There is no cost for registration. Commercial drivers are not required to immediately register for the clearinghouse but will need to register to respond to an employer’s request for consent prior to a pre-employment query or other full query being conducted. Implementation of a portion of the clearinghouse rule has been delayed. The FMCSA said in September more time was needed to establish the information technology necessary to allow state drivers licensing agencies to transfer of information between the clearinghouse and those state agencies. That portion of the clearinghouse rule would now be effective January 6, 2023.

MOUNT PLEASANT, Pa. ­– A crash on the Pennsylvania Turnpike early Sunday morning has left five people dead and about 60 injured when a loaded bus went out of control on a hill and rolled over. According to published reports, this incident set off a chain reaction that involved three tractor-trailers and a passenger car. WTAE in Pittsburgh reports that all five victims killed have been identified by the Westmoreland County coroner. Among them are the bus driver, Shuang Qing Feng, 58, of Flushing, New York and two bus passengers, Eileen Zelis Aria, 35, of Bronx, New York and Jaremy Vazquez, a 9-year-old girl from Brooklyn, New York. Two UPS drivers – Daniel Kepner, 53, and Dennis Kehler, 48 – were among the people who died in the crash, the company confirmed Sunday night. Both were driving together in a tractor-trailer out of Harrisburg, Pa., according to a UPS spokeswoman. Those injured ranged in age from 7 to 67. All are all expected to survive, though two patients remain in critical condition, authorities and hospital officials said Sunday afternoon. The crash, which happened at 3:40 a.m. on Sunday on a mountainous and rural stretch of the interstate about 30 miles east of Pittsburgh, shut down the highway in both directions before it reopened Sunday evening. The tour bus, operated by a New Jersey-based company called Z & D Tours, was traveling from Rockaway, New Jersey, to Cincinnati, Ohio, Pennsylvania State Police spokesman Stephen Limani said. He said the bus was traveling downhill on a curve, careened up an embankment and rolled over. Two tractor-trailers then struck the bus. A third tractor-trailer then crashed into those trucks. A passenger car was also involved in the pile-up. “I haven’t personally witnessed a crash of this magnitude in 20 years,” Pennsylvania Turnpike spokesman Carl DeFebo told WTAE, calling it the worst accident in his decades-long tenure with the turnpike. Reports from local media state that the victims included students and people returning from visiting family in New York City. Many traveling on the bus were from outside the United States, Limani said, some of whom do not speak English and who lost their luggage and passports in the wreckage. Limani said the Red Cross was working with those patients to find housing and resources. Authorities brought in translators to assist with the investigation and medical treatment, and to help victims reconnect with loved ones. Exactly what caused the crash remains unknown, and Limani said it could take weeks or months to determine. The National Transportation Safety Board announced Sunday that it dispatched a team of more than a dozen to investigate. Officials said it was too early to determine if weather was a factor in the crash, but there were eyewitness reports of precipitation in the area. Angela Maynard, a tractor-trailer driver from Kentucky, said the roads were wet from snow but not especially icy. Maynard was traveling eastbound on the turnpike when she came upon the crash site and called 911. “It was horrible,” she told The Tribune-Review. She saw lots of smoke but no fire. She and her co-driver found one person trapped in their truck and another lying on the ground. More than 90 miles of the Pennsylvania Turnpike, from Stanton to Breezewood, remained closed in the westbound direction. Local fire and emergency medical crews are on scene, along with a hazardous material company cleaning up fuel and other materials.

HARRISBURG, Pa. — The PA Turnpike Commission (PTC)  reminds customers that beginning at 12:01 a.m. on Jan. 5 tolls will increase six percent for cash, E-ZPass and TOLL BY PLATE customers.  The increase, approved by the commissioners last July, takes effect on all sections and extensions excluding three western PA “cashless” tolling facilities. The most-common toll for a passenger vehicle will increase from $1.40 to $1.50 for E-ZPass customers and from $2.30 to $2.50 for cash customers. The most common toll for a Class-5 tractor trailer will increase from $3.70 to $4.00 for E-ZPass and from $16.30 to $17.30 for cash. The cashless toll at the westbound Delaware River Bridge will increase from $5.30 to $5.70 for E-ZPass customers and from $7.20 to $7.70 for those who use PA Turnpike TOLL BY PLATE. Since 2009 the PTC has increased tolls annually to fulfill a funding obligation required by Act 44 of 2009. As a result, the PTC has delivered more than $6 billion in funding to PennDOT in the last decade. By law, these payments support mass transit statewide, with the bulk of funding supporting transit in Philadelphia and Pittsburgh. The PA Turnpike Commission strives to provide a reliable roadway that outpaces national averages in ride quality, safety and incident-response rates. More than 85 percent of the PTC’s capital plan reflects a focus on mobility and safety. To date more than 144 miles of its roadway system, which turns 80 years old this year, have been reconstructed. To check toll rates for any PA Turnpike trip visit https://www.paturnpike.com/toll/tollmileage.aspx.

SACRAMENTO — Owner-operators and the carriers who contract with them received a reprieve late on December 31 when U.S. District Court Judge Robert Benitez issued a temporary restraining order preventing California from enforcing the state’s Assembly Bill 5 (AB5) law in respect to motor carriers.  The law had been scheduled to go into effect just hours after the order was issued. AB5, intended to protect employers from classifying employees as independent contractors for the employers’ benefit, was challenged by the California Trucking Association (CTA) in a November lawsuit in which the association claimed 70,000 owner-operators in the trucking industry would be adversely impacted should the law be enforced. Specifically, the lawsuit claimed the state law directly conflicted with the FMCSA, the Federal Aviation Administration Authorization Act of 1994 and the supremacy and commerce clauses of the U.S. Constitution. AB5 included provisions for an “ABC test” to determine whether an individual would be classified as an independent contractor or an employee of a company. The “B” test prohibited companies from using independent contractors unless the worker performed work “outside the usual course of the hiring entity’s business.” In other words, AB5 would prohibit a trucking company that employs drivers from contracting with independent owner-operators as contracted individuals would perform the same type of work as the company’s regular employees. On December 24, CTA filed for the temporary restraining order, intended to prevent California from enforcing AB5 as related to motor carriers operating in the state. The original lawsuit is scheduled for a hearing on January 13. In granting the temporary restraining order, Judge Benitez issued a five-page decision in which he wrote that CTA had suitably satisfied the requirements of arguing its original lawsuit was “likely to succeed on the merits” and plaintiffs would be “likely to suffer irreparable harm in the absence of relief.” Several lawsuits had been filed against AB5 from various sectors of the transportation industry, leaving in question whether the law would be enforceable in the form approved by the California legislature and signed by Gov. Gavin Newsom in September. In the leadup to initiation of AB5, in late 2019, carriers began reducing contracting activities with owner-operators.  Some carriers had ceased all work through independent drivers, while others recommended California-based owner-operators move out-of-state or take on the status of company employees. Benitez noted in his decision, “Without significantly transforming their operations to treat independent contractor drivers as employees…they face the risk of governmental enforcement actions, as well as criminal and civil penalties.” Judge Benitez will also hear CTA’s case for a longer injunction Monday, January 13, in his courtroom in the Southern District of California. Defendants in the lawsuit include California Attorney General Xavier Becerra and The International Brotherhood of Teamsters, which has intervened in the case. For two weeks, independent truck drivers in California are protected from the state’s enforcement of AB5 in their industry. Whether an additional extension is granted is dependent on Judge Benitez’s ruling, expected shortly after the January 13 hearing.

WASHINGTON — The Federal Motor Carrier Safety Administration today recapped its 2019 achievements and key priorities for improving safety on the nation’s roadways with large trucks and buses. “Safety is always No. 1 at the U.S. Department of Transportation and the Federal Motor Carrier Safety Administration,” said U.S. Transportation Secretary Elaine L. Chao. Over the past year, FMCSA has advanced key initiatives that promote safety, reduce burdensome regulations, provide critical safety funding, and help more Americans find a job in the trucking industry. “Under Secretary Chao’s leadership, FMCSA has been laser-focused on safety and reducing crashes involving large trucks. The Agency’s accomplishments reflect the Trump Administration’s commitment to improving safety on our roadways, reducing regulatory burdens, and strengthening the nation’s motor carrier industry,” said FMCSA Acting Administrator Jim Mullen. Some of these key achievements include: Historic hours of service proposal: In August 2019, FMCSA proposed historic reforms to the existing hours of service regulations to improve safety and increase flexibility for commercial vehicle drivers. This proposal contains five key updates to hours of service rules which are directly based on the feedback FMCSA has received from drivers across the country. The proposal is also estimated to provide $274 million in savings for the U.S. economy. Improving regulatory efficiency: Over the year, FMCSA proposed several important regulatory reforms that result in over $366 million in savings for the American economy.  In March, the Agency proposed updating Entry-Level Driver Training regulations to save $18 million, and in August the Agency published its hours of service proposed rule that is estimated to save $274 million, and September, FMCSA proposed $74 million in regulatory savings be reducing burdensome rules on commercial buses. Critical grant funding: In 2019, FMCSA awarded $77.3 million in grants to states and educational institutions to enhance commercial motor vehicle safety. In September, the Agency awarded $43.3 million in High Priority (HP) grants, and $32 million in CDL Program Implementation (CDLPI) grants throughout the country. FMCSA also awarded $2 million in Commercial Motor Vehicle Operator Safety Training grants to sixteen education institutions to help train veterans for jobs as commercial bus and truck drivers. Supporting military servicemembers: In June 2019, FMCSA officially launched its Under-21 Military Driver Program— a pilot program to permit 18-20-year old’s who possess the U.S. military equivalent of a CDL to operate large trucks in interstate commerce. This program is designed to help the brave men and women who serve our nation the opportunity to explore quality job prospects in interstate trucking. In October, the Agency announced the creation of a new job opportunities listing page which contains approved motor carriers who are currently hiring under-21 military drivers as part of the pilot program. Fighting human trafficking: In July 2019, FMCSA announced a final rule that permanently bans drivers convicted of human trafficking from operating a commercial vehicle for which a commercial driver’s license or a commercial learner’s permit is required. Under Secretary Chao’s leadership, combating human trafficking has been a priority for the Department—including the creation of the Secretary’s Advisory Committee on Human Trafficking.  Deterring human trafficking in America’s commercial transportation industry is just one step in the Trump Administration’s commitment to fighting against these abhorrent crimes. Helping people find jobs in trucking: In 2019, FMCSA prioritized efforts to make it less burdensome for men and women interested in entering the trucking workforce to obtain and upgrade their CDL. In March 2019, FMCSA proposed a final rule streamlining the process and reduce the costs to upgrade from a Class B to Class A CDL. The final rule will save eligible driver trainees and motor carriers $18 million annually. Exploring new technologies:  In July, FMCSA published an advanced rule to seek input on the removal of unnecessary regulatory barriers to the safe introduction of automated driving systems (ADS) vehicles in the United States.  The Agency’s goal is to continue gathering information on how best to ensure safety rules are kept up to date and do not hamper the ongoing development of possible life-saving technologies in the trucking marketplace. Raising awareness of large truck and bus safety: In 2019, FMCSA’s Our Roads, Our Safety partnership for responsible driving grew to 27 partner organizations across industry, safety, and driver education stakeholders. The agency also released its “Voices of Safety” campaign—a video series and national public awareness campaign designed to raise awareness among all road users about sharing the road safely with large trucks and buses. The 2019 public awareness campaign achieved an overall reach of more than 359 million views in markets and platforms across the nation.

LOS ANGELES — A cold and blustery winter storm unleashed downpours and extensive snowfall on Southern California, triggering a tornado and snarling post-Christmas travel on major routes Thursday. Snow shut down vital Interstate 5 in Tejon Pass through the mountains north of Los Angeles and stopped traffic on Interstate 15 over Cajon Pass in the inland region to the east. I-15 finally reopened in both directions in the afternoon but then authorities later shut down about 45 miles of the freeway from Baker, California, to Primm, Nevada, on the way to Las Vegas because of snow and ice. A truck driver was found unresponsive in a rig stopped along I-5 in Tejon Pass. Kern County firefighters pronounced him dead, according to the California Highway Patrol’s online incident log. It was not immediately known if the death was weather-related. After being stuck for five hours in Cajon Pass, motorist Johnny Lim wasn’t sure he could reach Las Vegas, where he hoped to spend time after Christmas. He worried about driving his car through the pass when it reopens. “The freeway is full of snow and ice,” he said, adding that his car “is not built for conditions like this.” I-5 rises to more than 4,100 feet in Tejon Pass between Los Angeles and the San Joaquin Valley. Cajon Pass rises to more than 3,700 feet between the San Gabriel and San Bernardino Mountains on I-15, the major connector between Southern California and Las Vegas. Snow also stopped or slowed traffic on other California roads, including heavily traveled Interstate 8 in eastern San Diego County, and numerous trees were toppled. In San Diego County, a 60-year-old woman died Thursday when a car veered off a snowy road near Warner Springs and crashed into an embankment. The woman passenger wasn’t wearing a seatbelt and the driver was going too fast to control the car, California Highway Patrol Officer Jeff Christy told KSWB-TV. On Wednesday night, a small tornado briefly hopped across Ventura Harbor, the National Weather Service reported. Gusts downed five trees, according to the Ventura County Star. Winds up to 65 to 85 mph also caused minor damage to nearby buildings, forecasters said. Localized flooding inundated roads and freeway lanes while snow fell to low elevations, leading to numerous traffic accidents. The town of Wrightwood at the eastern end of the San Gabriel Mountains had received 25 inches of snow by midday.

WASHINGTON – The Federal Motor Carrier Safety Administration (FMCSA) has announced that it will increase the annual percentage rate for random controlled substances testing for CDL holders to 50%. The percentage increase take effect for the calendar year 2020 and is double last year’s 25%. The percentage of testing must increase “when the data received under the reporting requirements for any calendar year indicate that the reported positive rate is equal to or greater than 1.0%,” according to the FMCSA’s December 26 notice. The requirement stems from the “Controlled Substances and Alcohol Use and Testing” rule issued in 2001 that indicates that the decision on whether to increase or decrease the percentage rate would be based upon the motor carrier industry’s overall positive random controlled substance test rate, as reported by motor carrier employers to FMCSA. The FMCSA notice states that the estimated positive random controlled substance test rate in 2018 is 1%. For 2016 and 2017, the estimated positive usage rate for drugs was estimated to be 0.7% and 0.8%, respectively. The notice further states that based on the 2018 survey results, the estimated percentage of subject motor carriers with random controlled substance and alcohol testing programs in place is 94%, and the estimated percentage of all CDL drivers participating in such programs is 99%. The FMCSA estimates there are 3.2 million CDL holders operating in interstate commerce and 1 million CDL holders operating in intrastate commerce. Based on these population numbers, at least 1.05 million random controlled substances tests would be conducted with an annual random testing rate of 25% of all driving positions. At a 50% annual random testing rate, approximately 2.1 million random controlled substances tests will need to be conducted. This increase in testing is expected to cause a $50 to 70 million increase in costs to the industry by requiring that more drivers be tested. The minimum annual percentage rate for random alcohol testing will remain at 10%. To view the full notice from FMCSA, visit https://federalregister.gov/d/2019-28164.

PHOENIX – PrePass-approved trucks are receiving green lights to bypass more weigh stations in many new locations. Over the past year, PrePass Safety Alliance’s Board of Directors has approved 47 new bypassing sites in New Jersey, Illinois, Michigan, Montana, North Carolina, North Dakota, Ohio, Texas, and Wisconsin plus the Canadian province of British Columbia. PrePass Safety Alliance is a non-profit public-private partnership that has served the trucking industry and state agencies since 1993 to improve highway safety and efficiency in commercial transportation. New PrePass sites include: •    New Jersey: Carney’s Point northbound I-295; Greenwich eastbound I-78; and Knowlton eastbound I-80 •    Illinois: Richmond northbound and southbound US12 •    Michigan: Grass Lake eastbound and westbound I-94 •    Montana: Clearwater Junction eastbound, westbound and southbound MT 200 •    North Carolina: Charlotte southbound I-85; Gaston County northbound I-85; and Mt. Airy northbound I-77 •    North Dakota: Beach eastbound I-94; Bowman northbound, southbound, eastbound and westbound US 12/US 85; Joliette southbound US 81; and West Fargo westbound I-94 •    Ohio: Van Wert eastbound U.S. 30 •    Texas: Abernathy northbound and southbound I-27; Childress northbound and southbound U.S. 287; Mt. Pleasant eastbound and westbound I-30; Penwell eastbound I-20; Queen City eastbound U.S. 59; Refugio northbound U.S. 77; San Marcos southbound I-35; and Three Rivers northbound and southbound I-37 •    Wisconsin: Sparta eastbound I-90 In addition, Carson northbound on Interstate 405 in California is also now reopened after extended closure. All of these new PrePass sites offer bypassing service using MOTION, PrePass’ mobile application for iOS and Android powered smartphones and tablets as well as for select telematics devices. PrePass MOTION also includes ALERTS, proactive notifications of upcoming road hazards including high wind areas, steep grades and no commercial vehicle roads. PrePass Safety Alliance also expanded its bypass service to Canada in 2019. A new agreement with British Columbia Ministry of Transportation and Infrastructure allows users to bypass weigh stations with PrePass RFID transponders in British Columbia, opening up bypass opportunities at 13 Weigh2GoBC locations. “According to the U.S. Department of Energy, the average national cost of diesel fuel has been near or above $3 per gallon for at least the past couple of years and shows no signs of dropping below this level in 2020,” said Mark Doughty, Alliance president and chief operating officer. “Safe weigh station bypassing means significant fuel savings that flow directly to a carrier’s bottom line.” “Meanwhile, states have a primary responsibility to ensure those operating on their roads are safe,” Doughty said. “PrePass Safety Alliance is proud to partner with states on new opportunities for safe drivers to continue moving freight at highway speeds, while allowing officials to focus on other commercial vehicles that need the most attention.” In addition to weigh station bypass, PrePass Safety Alliance also offers electronic toll payment options through PrePass Plus. Both services include INFORM, a comprehensive data management suite offered to PrePass customers at no cost that helps fleets understand and take action to improve their safety scores and reduce tolling impacts.  

WASHINGTON — One day after impeaching President Donald Trump, the Democratic-led House passed one of his signature priorities, a rewrite of the 25-year-old free trade agreement he blames for shipping U.S. manufacturing jobs to Mexico. A bill implementing terms of the United States-Mexico-Canada Agreement passed 385-41 Thursday with bipartisan support after House Speaker Nancy Pelosi and her colleagues won key concessions from an administration anxious to pass the trade deal before next year’s election season makes that task more difficult. The agreement is projected to have only a modest impact on the economy. But it gives lawmakers from both parties the chance to support an agreement sought by farmers, ranchers and business owners anxious to move past the months of trade tensions that have complicated spending and hiring decisions. The American Trucking Associations hailed the passage. “Even during one of the most politically contentious times in our history, USMCA is proof that Washington isn’t completely broken,” said ATA President and CEO Chris Spear. “Bipartisanship — and perhaps more notably, a sense of duty — still lives. Speaker Pelosi and President Trump deserve equal praise for finding the common ground to see this important trade deal through for the good of our country. “By the nature of our work, truckers know the significance of this victory. Cross-border trade with our neighbors has become a cornerstone of the American economy. Strengthening this relationship as USMCA does helps secure our economy’s foundation and ensures we will remain competitive in the global marketplace for decades to come. “This vote signifies that good policy need not be a zero-sum political game. Even in today’s Washington, good things can still get done together. That spells hope for the American people.” The Owner-Operator Independent Drivers Association also supports the implementation of the USMCA. The negotiated USMCA deal creates a thorough review process to identify and remove Mexico-based carriers and operators that pose material economic harm to American truckers. “For far too long, we have seen our members suffer from foreign companies taking away jobs and profits from drivers in the U.S.,” said Todd Spencer, OOIDA president. “This will hopefully prevent Mexico-domiciled carriers that are exploiting our laws from operating on U.S. highways, which has significantly lowered wages for American drivers across numerous segments of trucking.” Trump made tearing up the North American Free Trade Agreement a hallmark of his presidential run in 2016 as he tried to win over working-class voters in states such as Michigan, Ohio, Wisconsin and Pennsylvania. The vote offers evidence that he followed through. “We wouldn’t even be discussing USMCA if it were not for President Trump,” said Rep. Jason Smith, R-Mo. “You can’t debate that.” Until the vote, it was unclear how many Democrats will vote for the bill. Some said the agreement still doesn’t do enough to prevent U.S. jobs from relocating to Mexico, but it has won praise from Democrats who have routinely voted against prior trade agreements. “I’ll probably get some flak from some of my friends back in Chicago,” said Rep. Danny Davis, D-Ill. “But I’m going to vote for this agreement because I believe that it moves us forward.” The House Ways and Means Committee advanced the bill by voice vote Tuesday. If the House passes it as expected, the Senate will likely take it up when its members return from the holidays and after dealing with impeachment. The original NAFTA phased out nearly all tariffs on goods produced and traded within North America. It was extraordinary because it linked two wealthy, developed countries with a poor, developing country. Since then, trade with Canada and Mexico has increased more rapidly than trade with most other countries. Democrats for years have charged that NAFTA led to massive losses of high-paying manufacturing jobs in the U.S. as companies moved production to low-wage Mexico. Trump distinguished himself from free-trade Republicans in the presidential primary with his NAFTA-bashing rhetoric, and his administration got Canada and Mexico to negotiate a rewrite.