Air Carriage of International Mail Act
PL 110-405 (S.3536), enacted 10/13/2008

122 STAT. 4287 
PUBLIC LAW 110–405—OCT. 13, 2008 
Public Law 110–405 
110th Congress 
An Act 
To amend section 5402 of title 39, United States Code, to modify the authority 
relating to United States Postal Service air transportation contracts, and for 
other purposes. 
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 ‘‘Air Carriage of International 
Mail Act’’. 
SEC. 2. AIR CARRIAGE OF INTERNATIONAL MAIL. 
(a) CONTRACTING AUTHORITY.—Section 5402 of title 39, United 
States Code, is amended by striking subsections (b) and (c) and 
inserting the following: 
‘‘(b) INTERNATIONAL MAIL.— 
‘‘(1) IN GENERAL.— 
‘‘(A) Except as otherwise provided in this subsection, 
the Postal Service may contract for the transportation of 
mail by aircraft between any of the points in foreign air 
transportation only with certificated air carriers. A contract 
may be awarded to a certificated air carrier to transport 
mail by air between any of the points in foreign air 
transportation that the Secretary of Transportation has 
authorized the carrier to serve either directly or through 
a code-share relationship with one or more foreign air 
carriers. 
‘‘(B) If the Postal Service has sought offers or proposals 
from certificated air carriers to transport mail in foreign 
air transportation between points, or pairs of points within 
a geographic region or regions, and has not received offers 
or proposals that meet Postal Service requirements at a 
fair and reasonable price from at least 2 such carriers, 
the Postal Service may seek offers or proposals from foreign 
air carriers. Where service in foreign air transportation 
meeting the Postal Service’s requirements is unavailable 
at a fair and reasonable price from at least 2 certificated 
air carriers, either directly or through a code-share relation-
ship with one or more foreign air carriers, the Postal 
Service may contract with foreign air carriers to provide 
the service sought if, when the Postal Service seeks offers 
or proposals from foreign air carriers, it also seeks an 
offer or proposal to provide that service from any certifi-
cated air carrier providing service between those points, 
or pairs of points within a geographic region or regions, 
Air Carriage of 
International 
Mail Act. 
39 USC 101 note. 
Oct. 13, 2008 
[S. 3536] 
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122 STAT. 4288 
PUBLIC LAW 110–405—OCT. 13, 2008 
on the same terms and conditions that are being sought 
from foreign air carriers. 
‘‘(C) For purposes of this subsection, the Postal Service 
shall use a methodology for determining fair and reasonable 
prices for the Postal Service designated region or regions 
developed in consultation with, and with the concurrence 
of, certificated air carriers representing at least 51 percent 
of available ton miles in the markets of interest. 
‘‘(D) For purposes of this subsection, ceiling prices 
determined pursuant to the methodology used under 
subparagraph (C) shall be presumed to be fair and reason-
able if they do not exceed the ceiling prices derived from— 
‘‘(i) a weighted average based on market rate data 
furnished by the International Air Transport Associa-
tion or a subsidiary unit thereof; or 
‘‘(ii) if such data are not available from those 
sources, such other neutral, regularly updated set of 
weighted average market rates as the Postal Service, 
with the concurrence of certificated air carriers rep-
resenting at least 51 percent of available ton miles 
in the markets of interest, may designate. 
‘‘(E) If, for purposes of subparagraph (D)(ii), concur-
rence cannot be attained, then the most recently available 
market rate data described in this subparagraph shall con-
tinue to apply for the relevant market or markets. 
‘‘(2) CONTRACT PROCESS.—The Postal Service shall contract 
for foreign air transportation as set forth in paragraph (1) 
through an open procurement process that will provide— 
‘‘(A) potential offerors with timely notice of business 
opportunities in sufficient detail to allow them to make 
a proposal; 
‘‘(B) requirements, proposed terms and conditions, and 
evaluation criteria to potential offerors; and 
‘‘(C) an opportunity for unsuccessful offerors to receive 
prompt feedback upon request. 
‘‘(3) EMERGENCY
OR
UNANTICIPATED
CONDITIONS; INAD-
EQUATE LIFT SPACE.—The Postal Service may enter into con-
tracts to transport mail by air in foreign air transportation 
with a certificated air carrier or a foreign air carrier without 
complying with the requirements of paragraphs (b)(1) and (2) 
if— 
‘‘(A) emergency or unanticipated conditions exist that 
make it impractical for the Postal Service to comply with 
such requirements; or 
‘‘(B) its demand for lift exceeds the space available 
to it under existing contracts and— 
‘‘(i) there is insufficient time available to seek addi-
tional lift using procedures that comply with those 
requirements without compromising the Postal Serv-
ice’s service commitments to its own customers; and 
‘‘(ii) the Postal Service first offers any certificated 
air carrier holding a contract to carry mail between 
the relevant points the opportunity to carry such excess 
volumes under the terms of its existing contract. 
‘‘(c) GOOD FAITH EFFORT REQUIRED.—The Postal Service and 
potential offerors shall put a good-faith effort into resolving disputes 
concerning the award of contracts made under subsection (b).’’. 
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122 STAT. 4289 
PUBLIC LAW 110–405—OCT. 13, 2008 
(b) CONFORMING AMENDMENTS TO TITLE 49.— 
(1) Section 41901(a) is amended by striking ‘‘39.’’ and 
inserting ‘‘39, and in foreign air transportation under section 
5402(b) and (c) of title 39.’’. 
(2) Section 41901(b)(1) is amended by striking ‘‘in foreign 
air transportation or’’. 
(3) Section 41902 is amended— 
(A) by striking ‘‘in foreign air transportation or’’ in 
subsection (a); 
(B) by striking subsection (b) and inserting the fol-
lowing: 
‘‘(b) STATEMENTS ON PLACES AND SCHEDULES.—Every air car-
rier shall file with the United States Postal Service a statement 
showing— 
‘‘(1) the places between which the carrier is authorized 
to transport mail in Alaska; 
‘‘(2) every schedule of aircraft regularly operated by the 
carrier between places described in paragraph (1) and every 
change in each schedule; and 
‘‘(3) for each schedule, the places served by the carrier 
and the time of arrival at, and departure from, each such 
place.’’; 
(C) by striking ‘‘subsection (b)(3)’’ each place it appears 
in subsections (c)(1) and (d) and inserting ‘‘subsection 
(b)(2)’’; and 
(D) by striking subsections (e) and (f). 
(4) Section 41903 is amended by striking ‘‘in foreign air 
transportation or’’ each place it appears. 
(5) Section 41904 is amended— 
(A) by striking ‘‘to or in foreign countries’’ in the 
section heading; 
(B) by striking ‘‘to or in a foreign country’’ and inserting 
‘‘between two points outside the United States’’; and 
(C) by inserting after ‘‘transportation.’’ the following: 
‘‘Nothing in this section shall affect the authority of the 
Postal Service to make arrangements with noncitizens for 
the carriage of mail in foreign air transportation under 
subsections 5402(b) and (c) of title 39.’’. 
(6) Section 41910 is amended by striking the first sentence 
and inserting ‘‘The United States Postal Service may weigh 
mail transported by aircraft between places in Alaska and 
make statistical and –administrative computations necessary 
in the interest of mail service.’’. 
(7) Chapter 419 is amended— 
(A) by striking sections 41905, 41907, 41908, and 
41911; and 
(B) redesignating sections 41906, 41909, 41910, and 
49112 as sections 41905, 41906, 41907, and 41908, respec-
tively. 
(8) The chapter analysis for chapter 419 is amended by 
redesignating the items relating to sections 41906, 41909, 
41910, and 49112 as relating to sections 41905, 41906, 41907, 
and 41908, respectively. 
(9) Section 101(f) of title 39, United States Code, is 
amended by striking ‘‘mail and shall make a fair and equitable 
distribution of mail business to carriers providing similar modes 
49 USC 
4105–41910, 
41912. 
Alaska. 
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122 STAT. 4290 
PUBLIC LAW 110–405—OCT. 13, 2008 
LEGISLATIVE HISTORY—S. 3536: 
CONGRESSIONAL RECORD, Vol. 154 (2008): 
Sept. 26, considered and passed Senate. 
Sept. 27, 29, considered and passed House. 
of transportation services to the Postal Service.’’ and inserting 
‘‘mail.’’. 
(10) Subsections (b) and (c) of section 3401 of title 39, 
United States Code, are amended— 
(A) by striking ‘‘at rates fixed and determined by the 
Secretary of Transportation in accordance with section 
41901 of title 49’’ and inserting ‘‘or, for carriage of mail 
in foreign air transportation, other air carriers, air taxi 
operators or foreign air carriers as permitted by section 
5402 of this title’’; 
(B) by striking ‘‘at rates not to exceed those so fixed 
and determined for scheduled United States air carriers’’; 
(C) by striking ‘‘scheduled’’ each place it appears and 
inserting ‘‘certificated’’; and 
(D) by striking the last sentence in each such sub-
section. 
(11) Section 5402(a) of title 39, United States Code, is 
amended— 
(A) by inserting ‘‘ ‘foreign air carrier’.’’ after ‘‘ ‘interstate 
air transportation’,’’ in paragraph (2); 
(B) by redesignating paragraphs (7) through (23) as 
paragraphs (8) through (24) and inserting after paragraph 
(6) the following: 
‘‘(7) the term ‘certificated air carrier’ means an air carrier 
that holds a certificate of public convenience and necessity 
issued under section 41102(a) of title 49;’’; 
(C) by redesignating paragraphs (9) through (24), as 
redesignated, as paragraphs (10) through (25), respectively, 
and inserting after paragraph (8) the following: 
‘‘(9) the term ‘code-share relationship’ means a relationship 
pursuant to which any certificated air carrier or foreign air 
carrier’s designation code is used to identify a flight operated 
by another air carrier or foreign air carrier;’’; and 
(D) by inserting ‘‘foreign air carrier,’’ after ‘‘terms’’ 
in paragraph (2). 
(c) EFFECTIVE DATE.—The amendments made by this section 
shall take effect on October 1, 2008. 
Approved October 13, 2008. 
39 USC 101 note. 
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