Mr. Speaker, I thank my good friend from Maryland, the distinguished ranking member, for yielding, and the Republican manager from Kansas. Mr. Speaker, I rise today in support of the bill, the Mail Traffic Deaths Reporting Act. This…
Mr. Speaker, I thank my good friend from Maryland, the distinguished ranking member, for yielding, and the Republican manager from Kansas.
Mr. Speaker, I rise today in support of the bill, the Mail Traffic Deaths Reporting Act. This necessary bill which I am co-leading with my distinguished colleague, the chairman of the Oversight and Accountability Committee, Mr. Comer, has strong, bipartisan support. It passed through our committee 40-0.
I am thrilled that the chairman and I could partner, write, and introduce the Mail Traffic Deaths Reporting Act, which requires the United States Postal Service to collect, track, and report on serious crashes and fatalities involving vehicles transporting U.S. postal mail.
The chairman and I have both met with the families of truck crash victims. We have heard their painful stories and are committed to stopping preventable tragedies involving mail transport. These families-turned-advocates welcome this legislation which is
endorsed by the Truck Safety Coalition.
In June of 2022, the Godines family was traveling back to their home in Gillette, Wyoming. Traveling behind the family on I-25 as they passed Greeley, Colorado, was a contract freight truck carrying U.S. mail on a U.S. Postal Service contract.
The truck's brakes were out of alignment, it was uninsured, and its driver had no commercial driver's license. When that truck carrying U.S. delivery material slammed into the back of the Godines' family vehicle, in an instant, Mr. Speaker, three generations of Godines were killed. They lost their lives, including a 3-month old baby, Tessleigh. Safety concerns about the freight contract trucking practices at the Postal Service have been increasing ever since.
Between 2020 and 2023, as has been noted, at least 79 people have been killed in crashes involving trucks contracted by the Postal Service. The true number is higher because just last year we learned that the Postal Service did not report serious crashes involving its trucking contractors.
That revelation raised serious questions about safety oversight by the USPS involving their contracted vehicles, including the troubling allegation that the Postal Service is managing truck freight operations which do not adhere to legal and commonsense safety standards.
The Postal Service has, for example, set delivery schedules requiring drivers to exceed hours of service requirements and has selected carriers with extensive records of safety violations. It looks like there is no vetting of these contractors at all.
Between December of 2020 and December of 2022, the Department of Transportation identified a frightening 466 Postal Service trucking contractors that had high rates of violations related to driving hours. In 2021 and 2022, 39 percent of trucking companies carrying U.S. mail by contract violated rules meant to prevent driver exhaustion and did so repeatedly. Between 2017 and 2022, one single trucking group contracted by USPS had broken those rules 200 times-plus.
When I asked the Postal Service for the number of deaths involved in the contracted transport of mail, the Postal Service said that they didn't have that information because they did not collect, monitor, or report such information.
Imagine that comfort to grieving families.
That was until, of course, May of 2023 when I asked the Inspector General of the U.S. Postal Service to look into this issue and, all of a sudden, the Postal Service responded by establishing an ad hoc centralized reporting mechanism for serious and deadly crashes involving postal freight contractors.
Mr. Speaker, I include in the Record the ``Contract Trucking Safety and Compliance Report.''
Findings Summary
We found that the Postal Service's highway trucking
contract safety controls, contract compliance, and screening
oversight were not always effective. First, the Postal
Service did not track contractor accidents and fatalities.
Second, the Postal Service did not always develop appropriate
safety requirements, provide adequate oversight, or enforce
the terms and conditions of the contracts or freight auction
Ordering Agreements.
Lastly, the Postal Service's screening processes did not
always include a contract trucker's driving history. These
collective deficiencies hindered visibility into safety
performance and could compromise the safety and security of
the mail and motorists.
Finding #1: The Postal Service Does Not track trucking accidents and
fatalities by contractors
The Postal Service did not tract trucking contractor
accidents and fatalities and therefore, we could not
determine the total number of occurrences. We analyzed
incident data between October 2018 and December 2022 tracked
on the DOT's Federal Motor Carrier Safety Administration
(FMCSA) website to help assess Postal Service contract
trucker safety performance. This list does not contain all
contractors utilized by the Postal Service as FMCSA does not
track company safety data separately. However, we were able
to identify at least 373 accidents resulting in 89 fatalities
that were directly related to 43 on-duty contractors
servicing Postal Service truck contracts. These 43
contractors were associated with Postal Service contracts
totaling about $1.34 bi11ion between October 2018 and
December 2022. We determined that the Postal Service had not
terminated any contracts with trucking companies involved in
accidents or fatalities prior to March 2023.
The Postal Service was unable to provide statistics and
information on incidents (e.g., frequency, location, time, or
involved parties) as it did not monitor FMCSA or have a
system for recording or tracking related contractor data.
However, when accidents or fatalities occur on trucking
routes contracted with the Postal Service, contractors are
required to report incident data to Postal Service
contracting personnel. As stated earlier, Postal Service
policy also requires AOs to report accident information to
the Postal Inspection Service. Despite these reporting
requirements, there is no centralized collection of
information concerning these incidents. Postal Service
officials acknowledged the lack of such a system, noting that
tracking this data was not previously required by Postal
Service policy or procedures.
The Postal Service has recently started to track this
information. In March 2023, the Vice President,
Transportation Strategy, stated that all traffic accidents
involving contract trucking drivers be reported directly to
him and the appropriate CO. This directive; however, was not
recorded in written policy. In June 2023, the Postal Service
stated they have an existing platform that could be used for
storing contract trucking safety data. However, as of
November 2023, the Postal Service has not created
corresponding policies governing the use of this system
(including related roles, responsibilities, and procedures)
to record contract trucking safety data.
The Postal Service is however, taking other actions to
monitor, assess, and potentially act on contractor safety
data. First, it hired outside experts to review changes in
the suppliers' safety ratings, create a list of suppliers to
avoid, and determine suppliers' insurance coverage risk.
Second, it is working to establish new contract trucking
processes and procedures to improve the quality of
contractors, including the removal of contractors with a
conditional safety rating. Collectively, these actions would
better inform the Postal Service when making decisions to
either (a) choose a contractor based on their safety
performance or (b) take appropriate termination or other
corrective actions in instances of poor safety performance.
However even with these actions, the lack of a finalized
method and established policies to track and monitor
contractor accident and fatality data in the existing safety
database limits the Postal Service's visibility into
contractor safety performance. This deficiency could allow
unsafe drivers to transport mail and put other motorists at
risk.
Recommendation #1:
We recommend the Vice President, Transportation Strategy,
finalize the method for tracking contractor accident and
fatality data and establish corresponding written policies
and procedures, including related roles and responsibilities.
Finding #2: Lack of Subcontractor and Team Driver Oversight
The Postal Service lacked requirements and clear policies
or did not always enforce the terms and conditions of the
contracts or freight auction Ordering Agreements to promote
safe highway trucking practices. We found the following
deficiencies:
Lack of Visibility in Subcontractor Use. The Postal Service
did not always know who was authorized to transport the mail
on its behalf. Freight auction brokers were not required to
obtain prior written approval or inform the Postal Service of
the specific contractors being utilized. Instead, the Postal
Service relied on the broker to complete subcontractor
authorization and vet the subcontractor, but those results
are not required to be reported to the Postal Service. The
onus is on the broker to ensure the subcontractor is in
compliance with Postal Service policies.
Specific to HCR contracts, per the procurement handbook,
contractors should specify their intent to subcontract route
operations during contract award and disclose any subsequent
subcontractor additions. Further, if a contractor wants to
use additional subcontractors, Postal Service policy states
this is an exceptional action and should be approved only
when the contractor can offer sufficient reasons for the
change. HCR contract terms and conditions also require the
contractor to fully disclose subcontractor relationships as
part of its proposal.
However, of the 15 COs and AOs interviewed, 14 (93 percent)
did not know when HeR contractors utilized a subcontractor.
Furthermore, HCR contractors must obtain prior written
approval from the CO to employ subcontractors. However, six
of the seven COs we interviewed were not aware of this
requirement and therefore did not have the required
documentation. Instead, the Postal Service relied on the HCR
contractor to determine when to use a subcontractor and to
ensure the subcontractor adhered to the terms and conditions
including safety requirements. Using subcontractors without
the prior written approval of the CO is a major irregularity
for which the contractor may be terminated without notice or
warning. However, while the SPs and Ps require approval from
the CO before subcontracting, it does not state that approval
needs to be written.
As the USPS OIG stated in a report released this past March, while it is a welcome step, the Postal Service still does not have a single written policy requiring the tracking of trucking contractor accidents and fatalities.
The OIG's number one recommendation was that the Postal Service fix this serious safety oversight immediately, and that is what we are doing today.
Our legislation would codify the number one recommendation of the OIG, to begin to improve USPS freight trucking safety and provide accountability.
This bill will maintain an internal database, and I hope it will lead to reforms by the Postal Service and save lives.
I think that is a fair conclusion.
I think, again, that is a fair conclusion, Mr. Raskin.
Mr. Speaker, I say to Mr. Raskin, what is so troubling is these are 100 percent preventable tragedies. Not one of these lives had to be lost but for the callousness and lack of regard at the Postal Service in vetting freight contractors.