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‘‘(B) a carrier meeting the requirements of sub-
section (g)(1)(D)(ii) seeks tender of nonpriority by-
pass mail and provides substantial nonmail freight
service on the city pair route.
Waivers granted under this paragraph shall cease to be
valid once a qualified mainline carrier begins providing
service and seeks tender of nonpriority bypass mail in ac-
cordance with this section on the city pair route. The re-
ceipt of waivers and subsequent operation of service on a
city pair route under this subsection shall not be counted
toward meeting the requirements of any part of this section
for any other city pair route. In granting waivers under
this paragraph and offering equitable tender of nonpriority
bypass mail the Postal Service or the Secretary shall give
preference to passenger service needs over nonmail freight
needs on a city pair route.
‘‘(4) In granting waivers for or denying tender to car-
riers under this subsection, the Postal Service or the Sec-
retary shall consider in the following order of importance—
‘‘(A) the passenger needs of the destination to be
served (including amount and level);
‘‘(B) the nonmail freight needs of the destination
to be served;
‘‘(C) the amount of nonpriority bypass mail
service already available to the destination;
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‘‘(D) the mail needs of the destination to be
served;
‘‘(E) the savings to the Postal Service in terms
of payments made to carriers;
‘‘(F) the amount or level of passenger service al-
ready available to the destination; and
‘‘(G) the amount of nonmail freight service al-
ready available to the destination.
‘‘(q) The Secretary shall make a regular review of car-
riers receiving, or attempting to qualify to receive, equitable
tender of nonpriority bypass mail. If the Secretary suspends
or revokes an operating certificate, the Secretary shall no-
tify the Postal Service. Upon such notification, the Postal
Service shall cease tender of mail to such carrier until the
Secretary certifies the carrier is operating in a safe manner.
Upon such receipt, the carrier shall demonstrate that it oth-
erwise meets the minimum carriage requirements of this
section before being tendered mail under this section.
‘‘(r) The Postal Service shall have the authority to ten-
der nonpriority bypass mail to any carrier that meets the
requirements of subsection (g)(1) on any route on an emer-
gency basis. Such emergency tender shall cease when a car-
rier qualifies for tender on such route under the terms of
this section.
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‘‘(s) Notwithstanding any other provision of law, and
except for written contracts authorized under subsections
(b), (c) and (d) of this section, tender by the Postal Service
of any category of mail to a carrier for transportation be-
tween any two points within the State of Alaska shall not
give rise to any contract between the Postal Service and
a carrier, nor shall any such carrier acquire any right in
continued or future tender of such mail by virtue of past
or present receipt of such mail. This subsection shall apply
to any case commenced before, on, or after the date of enact-
ment of this subsection.’’.
(d) ACTIONS OF AIR CARRIERS TO QUALIFY.—Begin-
ning 6 months after the date of enactment of this Act, if
the Secretary determines, based on the Secretary’s findings
and recommendations of the Postal Service, that an air car-
rier being tendered nonpriority bush bypass mail is not tak-
ing actions to attempt to qualify as a bush passenger or
nonmail freight carrier under section 5402 of title 39,
United States Code (as amended by this title), the Postal
Service shall immediately cease tender of all nonpriority
bypass mail to such carrier.
(e) TECHNICAL AND CONFORMING AMENDMENTS.—
(1) TITLE 39.—Section 5402 of title 39, United
States Code, is amended—
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(A) in subsections (b) through (e) (as redes-
ignated by this title) and subsection (f) by strik-
ing ‘‘Secretary of Transportation’’ each place it
appears and inserting ‘‘Secretary’’; and
(B) in subsection (f)—
(i) by striking ‘‘subsections (a), (b),
and (c)’’ and inserting ‘‘subsections (b), (c),
and (d)’’; and
(ii) by striking ‘‘subsection (d)’’ and
inserting ‘‘subsection (e)’’.
(2) TITLE 49.—Section 41901 of title 49, United
States Code, is amended in subsection (a), by striking
‘‘5402(d)’’ and inserting ‘‘5402(e)’’.
(f) REPORTS
TO CONGRESS.—Not later than 12
months after the date of enactment of this Act, the Postal
Service and the Secretary of Transportation shall submit
a report to the Committee on Government Reform of the
House of Representatives and the Committee on Govern-
mental Affairs of the Senate on the progress of imple-
menting this title.
(g) EFFECTIVE DATES.—
(1) IN
GENERAL.—Except as provided under
paragraph (2), this title (including the amendments
made by this title) shall take effect on the date of en-
actment of this Act.
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(2) SELECTION OF CARRIERS.—Subsection (c)(5)
shall take effect 15 months after the date of enactment
of this Act.
This Act may be cited as the ‘‘2002 Supplemental Ap-
propriations Act for Further Recovery From and Response
To Terrorist Attacks on the United States’’.
Passed the House of Representatives May 24, 2002.
Attest:
JEFF TRANDAHL,
Clerk.
Passed the Senate June 7 (legislative day, June 6),
2002.
Attest:
JERI THOMSON,
Secretary.