[Congressional Record Volume 145, Number 98 (Tuesday, July 13, 1999)]
[Senate]
[Pages S8383-S8384]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. HOLLINGS:
  S. 1359. A bill to amend chapter 51 of title 49, United States Code, 
to extend the coverage of the rules governing the transportation of 
hazardous materials, and for other purposes; to the Committee on 
Commerce, Science, and Transportation.


       POSTAL HAZARDOUS MATERIALS SAFETY ENHANCEMENT ACT OF 1999

  Mr. HOLLINGS. Mr. President, I rise to introduce a bill to insure the 
safe transportation of hazardous materials (hazmat) via the United 
States Postal Service and its contract carriers.
  The Hazardous Materials Transportation Safety Improvement Act of 
1990, P.L. 103-311, specifically exempted the U.S. Postal Service from 
Department of Transportation (DOT) hazmat enforcement. Although they 
are exempt from DOT hazmat enforcement, the U.S. Postal Service self-
governs hazardous materials transportation through internal regulations 
and inspections.
  The National Transportation Safety Board has made numerous 
recommendations over the years to subject the U.S. Postal Service to 
DOT inspections and increased enforcement efforts. In addition, they 
have also recommended that the Postal Service be subject to enforcement 
obligations similar to those observed by other package and express mail 
operations. Due to the fact that only a small percentage of mail is 
transported exclusively by the U.S. Postal Service and most of it is 
contracted out to other carriers, it makes sense that all mail and 
package transporters be subject to the same DOT regulations and 
inspections.
  We all remember the horrifying crash of ValuJet Airlines, flight 592, 
into the Everglades in May of 1996. Although the cause of the ValuJet 
accident was not attributed to the U.S. Postal Service, the situation 
in which it occurred demonstrated the importance of accurate labeling 
in the transportation of hazardous materials. Following the ValuJet 
accident, the NTSB made multiple recommendations to the U.S. Postal 
Service about increased safety in the transport of hazmat. However, in 
the year following the ValuJet incident there were thirteen additional 
hazardous materials incidents that occurred when U.S. mail was 
transported via air. There should be a better safety net for the public 
and the employees who are charged with the safe transport of the 
packages, mail and express items.
  Similarly, the frightening success of the Unabomber throughout the 
1980's and 1990's underscores the need for tougher controls over 
hazardous materials sent via the U.S. Postal Service. Ted Kaczynski 
repeatedly sent explosive devices in packages through the mail system 
resulting in three deaths and 29 injuries. These packages, which 
weighed on average between five and ten pounds, were never inspected 
for hazardous contents. Largely in response to the Unabomber, the U.S. 
Postal Service implemented new requirements addressing package mail, 
however if a hazmat package is not identified at the source, it is 
important that the Department of Transportation hazmat inspectors have 
the authority to inspect packages carried by surface and air carriers.
  These accidents clearly demonstrate that the shipment of undeclared 
hazardous materials is a serious problem that needs more attention. 
While the U.S. Postal Service has worked hard to train its employees to 
recognize hazmat shipments, much of the transportation of postal 
material is done via contract carriers who are not U.S. Postal Service 
employees. Efforts to address this issue have been hindered by the 
exclusion of DOT inspectors from regulating hazardous materials shipped 
via the U.S. Postal Service.
  Mr. President, I believe that the U.S. Postal Service and the DOT 
hazmat inspectors are faced with an enormous task--keeping our mail and 
our transportation systems safe. My bill would provide for increased 
authority in hazmat inspections by authorizing DOT inspectors to work 
in tandem with U.S. Postal Inspectors. The safety of our transportation 
system is dependent on the safety of the cargo it is carrying--all 
hazmat packages should be adequately inspected and if found unsafe, 
they should be treated appropriately, expeditiously and equally.
  I ask unanimous consent that the full text of the bill be printed in 
the Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                S. 1359

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Postal Hazardous Materials 
     Safety Enhancement Act''.

     SEC. 2. APPLICATION OF HAZMAT REQUIREMENTS.

       (a) In General.--Section 5102(9)(B) of title 49, United 
     States Code, is amended to read as follows:
       ``(B) for purposes of sections 5123 and 5124 of this title, 
     does not include a department, agency, or instrumentality of 
     the Government.''
       (b) Coordination.--In carrying out the provisions of 
     chapter 51 of title 49, United States Code, the Secretary of 
     Transportation shall consult with the Postmaster General in 
     order to coordinate, to the greatest extent feasible, the 
     enforcement of that chapter.

[[Page S8384]]

     SEC. 3 TRANSPORTATION OF HAZARDOUS MATERIALS VIA THE UNITED 
                   STATES MAIL.

       (a) In General.--Section 5102 of title 49, United States 
     Code, is amended by--
       (1) redesignating paragraph (13) as paragraph (14); and
       (2) inserting after paragraph (12) the following:
       ``(13) `transportation of hazardous material in commerce' 
     and `transporting hazardous material in commerce' include the 
     transportation of hazardous material in the United States 
     mail.''.
       (b) Repeal of Exception.--Section 5126(b) of such title is 
     amended to read as follows:
       ``(b) Nonapplication.--This chapter does not apply to a 
     pipeline subject to regulation under chapter 601 of this 
     title.''.
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