Alaska Bypass Mail Fairness Act

Alaska Bypass Mail Fairness Act - Amends Federal law pertaining to transportation of mail by air to define nonpriority bypass mail as certain mail prepared by the mailer to bypass postal processing for delivery directly to the recipient under Postal Service prescribed guidelines and conditions, and does not include nonpriority mail dispatched to carriers from a Postal Service facility.

Directs the Postal Service, in selecting carriers of nonpriority bypass mail to any point served by more than one carrier in Alaska, to adhere to an equitable tender policy among qualified carriers (currently, within a qualified group of carriers).

Directs the Postal Service to offer equitable tender of nonpriority bypass mail between an acceptance point and a HUB point at mainline or equivalent rates to certain bush carriers (carriers operating aircraft certificated within certain payload capacity requirements on a city pair route) within Alaska. Requires such bush carriers, to receive such tender, to convert to requirements set forth in the Code of Federal Regulations for domestic, flag, and supplemental operations ("part 121") with respect to at least one aircraft within two years of the enactment of this Act.

[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5324 Introduced in House (IH)]







107th CONGRESS
  2d Session
                                H. R. 5324

 To amend title 39, United States Code, relating to rural mail service 
                        in the State of Alaska.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           September 4, 2002

Mr. Cunningham introduced the following bill; which was referred to the 
                     Committee on Government Reform

_______________________________________________________________________

                                 A BILL


 
 To amend title 39, United States Code, relating to rural mail service 
                        in the State of Alaska.

    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 ``Alaska Bypass Mail Fairness Act''.

SEC. 2. RURAL MAIL SERVICE IN ALASKA.

    (a) Nonpriority Bypass Mail Defined.--Section 5402(a) of title 39, 
United States Code, is amended by adding at the end the following:
            ``(25) the term `nonpriority bypass mail' means mail 
        prepared by the mailer to bypass postal processing for delivery 
        directly to the recipient under Postal Service prescribed 
        guidelines and conditions and does not include nonpriority mail 
        which is dispatched to carriers from a Postal Service 
        facility.''.
    (b) Requirements for Selection.--Section 5402(g)(1) of such title 
is amended by striking ``within a qualified group of'' and inserting 
``among qualified''.
    (c) Application of Rates.--Section 5402(g)(2) of such title is 
amended--
            (1) in subparagraph (E)(i) by inserting after 
        ``subparagraph (C)'' the following: ``or otherwise as required 
        by paragraph (4)(C)''; and
            (2) in subparagraph (G) by inserting ``bypass'' after 
        ``nonpriority'' the first place it appears.
    (d) Selection of Carriers to HUB Points.--Section 5402(g)(4) of 
such title is amended--
            (1) in subparagraph (A) by striking ``subparagraph (B) and 
        paragraph (5)'' and inserting ``subparagraphs (B) and (C) and 
        paragraphs (5) and (6)''; and
            (2) by adding at the end the following:
    ``(C) Notwithstanding any other provision of section 5402(g), the 
Postal Service shall offer equitable tender of nonpriority bypass mail 
between an acceptance point and a HUB point at mainline or equivalent 
rates to a bush carrier that was operating within the State of Alaska 
and was being tendered nonpriority bypass mail between one or more 
acceptance points and one or more HUB points on January 1, 2001, at 
mainline or equivalent rates provided that such bush carrier converts 
to operating under part 121 with respect to at least one or more 
aircraft within 2 years of the date of enactment of this subparagraph 
and further--
            ``(i) the Postal Service shall continue to tender bypass 
        mail to any such bush carrier during such 2-year period using 
        the identical criteria for dispatch and removal from dispatch 
        as it applies to mainline carriers (making no distinction 
        between passenger and freight and mail carriers) if the bush 
        carrier has made application to the Federal Aviation 
        Administration for such operating authority on or before 
        October 1, 2002;
            ``(ii) upon receipt of part 121 authority by such carrier, 
        the Postal Service shall offer equitable tender of nonpriority 
        bypass mail at mainline or equivalent rates to such carrier 
        conducting flights with aircraft operating under either part 
        121 or part 135 without regard to the requirements of 
        paragraphs (1)(D)(i) and (1)(D)(ii) using the identical 
        criteria for dispatch and removal from dispatch as it applies 
        to mainline carriers (making no distinction between passenger 
        and freight and mail carriers); and
            ``(iii) evidence of a carrier having applied to operate 
        under part 121 shall be the date of the carrier's 
        preapplication submitted to the Administration for such 
        operating authority.''.
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