I
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 Representa-
tives 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 proc-
essing for delivery directly to the recipient under
Postal Service prescribed guidelines and conditions
and does not include nonpriority mail which is dis-
patched 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 ‘‘subpara-
graph (B) and paragraph (5)’’ and inserting ‘‘sub-
paragraphs (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 pro-
vided that such bush carrier converts to operating under
part 121 with respect to at least one or more aircraft with-
in 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 Adminis-
tration for such operating authority on or before Oc-
tober 1, 2002;
‘‘(ii) upon receipt of part 121 authority by such
carrier, the Postal Service shall offer equitable ten-
der of nonpriority bypass mail at mainline or equiva-
lent rates to such carrier conducting flights with air-
craft 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 op-
erate under part 121 shall be the date of the car-
rier’s preapplication submitted to the Administration
for such operating authority.’’.
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