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mainline passenger carrier begins providing service and seeks tender of nonpriority bypass mail in accordance with this section on the city pair route. The receipt of waivers and subsequent operation of service on a city pair route under this subsection shall not be counted towards meeting the requirements of any part of this section for any other city pair route.
"(4) In granting waivers for or denying tender to carriers under this subsection, the Postal Service or the Secretary 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;
“(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 already available to the destination; and
"(G) the amount of nonmail freight service already available to the destination.
“(q) The Secretary shall make a regular review of carriers receiving, or attempting to qualify to receive, equitable tender of nonpriority bypass mail on a city pair route in the State of Alaska. If the Secretary suspends or revokes an operating certificate, the Secretary shall notify 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 otherwise meets the minimum carriage requirements of this section before being tendered mail under this section.
"(r) The Postal Service shall have the authority to tender nonpriority bypass mail to any carrier that meets the requirements of subsection (g)(1) on any city pair route in the State of Alaska on an emergency basis. Such emergency tender shall cease when a carrier qualifies for tender on such route under the terms of this section.
"(s) Notwithstanding any other provision of law, and except for written contracts authorized under subsections (b), (c) and (d), tender by the Postal Service of any category of mail to a carrier for transportation between any two points in 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 enactment of this subsection.”.
(d) ACTIONS OF AIR CARRIERS TO QUALIFY.–Beginning 6 39 USC 5402 months after the date of enactment of this Act, if the Secretary note. determines, based on the Secretary's findings and recommendations of the Postal Service, that an air carrier being tendered nonpriority bush bypass mail is not taking 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.
39 USC 5402 note.
(e) TECHNICAL AND CONFORMING AMENDMENTS.
(1) TITLE 39.—Section 5402 of title 39, United States Code, is amended
(A) in subsections (b) through (e) (as redesignated by this title) and subsection (f) by striking "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(a) of title 49, United States Code, is amended by striking "5402(d)” and inserting "5402(e)".
(f) REPORTS TO CONGRESS.-Not later than 18 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 Governmental Affairs of the Senate on the progress of implementing 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 enactment of this Act.
(2) SELECTION OF CARRIERS.—The amendment made by subsection (c)(5) shall take effect 15 months after the date of enactment of this Act.
(h) In publishing the Act in slip form and in the United States
(1) paragraph (B) is amended by
(A) striking "subsection (e)(2)” and inserting in lieu thereof "subsections (e) (1) or (e)(2)"; and
(B) striking "obligations under section 7 of P.L. 87– 305” and inserting in lieu thereof "small or small disadvantaged business subcontracting goals under section 502 of P.L. 100–656, provided that where lower tier subcontractors exist, the entity shall designate the appropriate contractor or contractors to receive such credit”; and
(2) paragraph (C) is amended by striking "subsection (e)(2)" and inserting “subsection (e)(1) or (e)(2)".
1 USC 112 note.
43 USC 1626.
This Act may be cited as the “2002 Supplemental Appropriations Act for further Recovery From and Response To Terrorist Attacks on the United States”.
Approved August 2, 2002.
LEGISLATIVE HISTORY-H.R. 4775 (S. 2551):
(Comm. of Conference). SENATE REPORTS: No. 107–156 accompanying S. 2551 (Comm. on Appropria
tions). CONGRESSIONAL RECORD, Vol. 148 (2002):
May 22–24, considered and passed House.
Public Law 107-207
Aug. 5, 2002 [H.R. 2175)
To protect infants who are born alive.
This Act may be cited as the “Born-Alive Infants Protection
(a) IN GENERAL.-Chapter 1 of title 1, United States Code,
including born-alive infant “(a) In determining the meaning of any Act of Congress, or of any ruling, regulation, or interpretation of the various administrative bureaus and agencies of the United States, the words 'person', 'human being', child', and 'individual', shall include every infant member of the species homo sapiens who is born alive at any stage of development.
"(b) As used in this section, the term 'born alive', with respect to a member of the species homo sapiens, means the complete expulsion or extraction from his or her mother of that member, at any stage of development, who after such expulsion or extraction breathes or has a beating heart, pulsation of the umbilical cord, or definite movement of voluntary muscles, regardless of whether the umbilical cord has been cut, and regardless of whether the expulsion or extraction occurs as a result of natural or induced labor, cesarean section, or induced abortion.
"(c) Nothing in this section shall be construed to affirm, deny, expand, or contract any legal status or legal right applicable to any member of the species homo sapiens at any point prior to being 'born alive' as defined in this section.”.
(b) CLERICAL AMENDMENT.—The table of sections at the beginning of chapter 1 of title 1, United States Code, is amended by adding at the end the following new item: “8. 'Person', 'human being', 'child, and 'individual as including born-alive infant.”.
Approved August 5, 2002.
LEGISLATIVE HISTORY-H.R. 2175:
Mar. 12, considered and passed House.
July 18, considered and passed Senate.
Aug. 5, Presidential remarks.
Aug. 6, 2002 (H.R. 1209]
Public Law 107-208
is a child, for purposes of classification as an immediate relative, based on the
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 “Child Status Protection Act”. SEC. 2. USE OF AGE ON PETITION FILING DATE, PARENT'S NATU
RALIZATION DATE, OR MARRIAGE TERMINATION DATE,
IN DETERMINING STATUS AS IMMEDIATE RELATIVE. Section 201 of the Immigration and Nationality Act (8 U.S.C. 1151) is amended by adding at the end the following:
“(f) RULES FOR DETERMINING WHETHER CERTAIN ALIENS ARE IMMEDIATE RELATIVES.
"(1) AGE ON PETITION FILING DATE.-Except as provided in paragraphs (2) and (3), for purposes of subsection (b)(2)(A)(i), a determination of whether an alien satisfies the age requirement in the matter preceding subparagraph (A) of section 101(b)(1) shall be made using the age of the alien on the date on which the petition is filed with the Attorney General under section 204 to classify the alien as an immediate relative under subsection (b)(2)(A)(i).
"(2) AGE ON PARENT'S NATURALIZATION DATE. In the case of a petition under section 204 initially filed for an alien child's classification as a family-sponsored immigrant under section 203(a)(2)(A), based on the child's parent being lawfully admitted for permanent residence, if the petition is later converted, due to the naturalization of the parent, to a petition to classify the alien as an immediate relative under subsection (b)(2)(A)(i), the determination described in paragraph (1) shall be made using the age of the alien on the date of the parent's naturalization.
"(3) AGE ON MARRIAGE TERMINATION DATE.-In the case of a petition under section 204 initially filed for an alien's classification as a family-sponsored immigrant under section 203(a)(3), based on the alien's being a married son or daughter of a citizen, if the petition is later converted, due to the legal termination of the alien's marriage, to a petition to classify the alien as an immediate relative under subsection (b)(2)(A)(i) or as an unmarried son or daughter of a citizen under section 203(a)(1), the determination described in paragraph (1) shall