[Congressional Record Volume 152, Number 30 (Thursday, March 9, 2006)]
[Senate]
[Page S1967]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. GRASSLEY:
  S. 2395. A bill to amend title 39, United States Code, to require 
that air carriers accept as mail shipments certain live animals; to the 
Committee on Homeland Security and Governmental Affairs.
  Mr. GRASSLEY. Mr. President I rise to introduce legislation that 
would address the concerns related to the shipping of live birds 
through the United States Postal Service. I introduced a similar bill 
during the 107th Congress with bi-partisan support. It was included in 
Public Law 107-67.
  This bill should close some loopholes that some of the airlines are 
using to avoid the timely shipping of day-old baby chicks.
  Some members of the airline industry stated that they commonly and 
regularly refuse to transport shipments of some species of live animals 
for its regularly scheduled cargo service and, therefore, can refuse to 
carry any live animals by mail under existing law. My bill will make 
the law apply to ``any air carrier that commonly and regularly carries 
any live animals as cargo,'' thus making sure that if the air carrier 
does ship any live animals as cargo, it will be required to ship 
animals as mail.
  There have been accusations that the shipping of day-old poultry 
could spread avian influenza. I have received information from Avian 
Health Veterinarians and they have informed me that avian influenza is 
not an egg transmitted disease. There are no reports of day-old poultry 
from infected breeders being infected with avian influenza when they 
hatch.
  Poultry health specialists have been examining the vertical 
transmission, or parents-to-chicks via the egg of avian influenza, for 
more than 30 years. Studies looking at the avian influenza have 
consistently failed to reveal evidence of avian influenza virus 
infections in newly hatched chicks from infected parent flocks.
  This clearly shows that day-old poultry are not likely to be 
naturally infected. So the risk of transmitting avian influenza through 
shipment of day-old poultry is not an issue.
  This bill would also address two other problems that have caused an 
adverse economic impact to bird shippers. First, the bill requires air 
carriers that take poultry as mail, to transfer such shipments so that 
the shipper is guaranteed that the shipment will reach its ultimate 
destination.
  Second, it requires an air carrier to take shipments of poultry as 
air mail when the outside temperature is between 0 degrees Fahrenheit 
-17 degrees Celsius and 100 degrees Fahrenheit or 37.77 degrees Celsius 
from point of origin of the shipment through the point of destination. 
These temperature parameters are accepted by avian veterinarians as 
safe and humane.
  I ask unanimous consent that the text of the bill be printed in the 
Record.
  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

                                S. 2395

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

     SECTION 1. CONTRACTS FOR TRANSPORTATION OF MAIL BY AIR.

       Section 5402(e)(2)(A) of title 39, United States Code, is 
     amended--
       (1) in the first sentence--
       (A) by inserting ``(i)'' after ``(2)(A)''; and
       (B) in clause (i) (as designated by subparagraph (A)), by 
     striking ``may'' and inserting ``shall''; and
       (2) by striking the second sentence and inserting the 
     following:
       ``(ii) A shipment described in clause (i) shall include the 
     transfer of any cargo described in that clause from the point 
     of origin of the shipment to the point of destination.
       ``(iii) An air carrier shall accept and carry cargo 
     described in clause (i) when the outside temperature is 
     between 0 degrees Fahrenheit (-17.77 degrees Celsius) and 100 
     degrees Fahrenheit (37.77 degrees Celsius) from point of 
     origin through the point of destination.
       ``(iv) The authority of the Postal Service under this 
     subparagraph shall apply to any air carrier that commonly and 
     regularly carries any live animals as cargo.''.
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