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39 U.S.C. § 409 — Suits by and against the Postal Service
Federal law — U.S. Code and appendices · legal_authorities
**(a)** Except as otherwise provided in this title, the United States district courts shall have original but not exclusive jurisdiction over all actions brought by or against the Postal Service. Any action brought in a State court to which the Postal Service is a party may be removed to the appropriate United States district court under the provisions of chapter 89 of title 28.
**(b)** Unless otherwise provided in this title, the provisions of title 28 relating to service of process, venue, and limitations of time for bringing action in suits in which the United States, its officers, or employees are parties, and the rules of procedure adopted under title 28 for suits in which the United States, its officers, or employees are parties, shall apply in like manner to suits in which the Postal Service, its officers, or employees are parties.
**(c)** The provisions of chapter 171 and all other provisions of title 28 relating to tort claims shall apply to tort claims arising out of activities of the Postal Service.
**(d)**
(1) For purposes of the provisions of law cited in paragraphs (2)(A) and (2)(B), respectively, the Postal Service—
(A) shall be considered to be a “person”, as used in the provisions of law involved; and
(B) shall not be immune under any other doctrine of sovereign immunity from suit in Federal court by any person for any violation of any of those provisions of law by any officer or employee of the Postal Service.
(2) This subsection applies with respect to—
(A) the Act of July 5, 1946 (commonly referred to as the “Trademark Act of 1946” ([15 U.S.C. 1051](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section1051&num=0&edition=prelim) and following)); and
(B) the provisions of section 5 of the Federal Trade Commission
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Stable record: federal_law:legal_authorities:record_usc_4d23c1546c6ef9189f6294a9
Source file: Laws/federal/codes/united-states-code/title-39/section-409-suits-by-and-against-the-postal-service--14b43887be.md
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Source location: Title 39, Chapter 4, § 409; chapter-004-general-authority.md
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**(a)** Except as otherwise provided in this title, the United States district courts shall have original but not exclusive jurisdiction over all actions brought by or against the Postal Service. Any action brought in a State court to which the Postal Service is a party may be removed to the appropriate United States district court under the provisions of chapter 89 of title 28.
**(b)** Unless otherwise provided in this title, the provisions of title 28 relating to service of process, venue, and limitations of time for bringing action in suits in which the United States, its officers, or employees are parties, and the rules of procedure adopted under title 28 for suits in which the United States, its officers, or employees are parties, shall apply in like manner to suits in which the Postal Service, its officers, or employees are parties.
**(c)** The provisions of chapter 171 and all other provisions of title 28 relating to tort claims shall apply to tort claims arising out of activities of the Postal Service.
**(d)**
(1) For purposes of the provisions of law cited in paragraphs (2)(A) and (2)(B), respectively, the Postal Service—
(A) shall be considered to be a “person”, as used in the provisions of law involved; and
(B) shall not be immune under any other doctrine of sovereign immunity from suit in Federal court by any person for any violation of any of those provisions of law by any officer or employee of the Postal Service.
(2) This subsection applies with respect to—
(A) the Act of July 5, 1946 (commonly referred to as the “Trademark Act of 1946” ([15 U.S.C. 1051](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section1051&num=0&edition=prelim) and following)); and
(B) the provisions of section 5 of the Federal Trade Commission Act to the extent that such section 5 applies to unfair or deceptive acts or practices.
**(e)**
(1) To the extent that the Postal Service, or other Federal agency acting on behalf of or in concert with the Postal Service, engages in conduct with respect to any product which is not reserved to the United States under [section 1696 of title 18](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title18-section1696&num=0&edition=prelim), the Postal Service or other Federal agency (as the case may be)—
(A) shall not be immune under any doctrine of sovereign immunity from suit in Federal court by any person for any violation of Federal law by such agency or any officer or employee thereof; and
(B) shall be considered to be a person (as defined in subsection (a) of the first section of the Clayton Act) for purposes of—
(i) the antitrust laws (as defined in such subsection); and
(ii) section 5 of the Federal Trade Commission Act to the extent that such section 5 applies to unfair methods of competition.
For purposes of the preceding sentence, any private carriage of mail allowable by virtue of section 601 shall not be considered a service reserved to the United States under [section 1696 of title 18](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title18-section1696&num=0&edition=prelim).
(2) No damages, interest on damages, costs or attorney’s fees may be recovered, and no criminal liability may be imposed, under the antitrust laws (as so defined) from any officer or employee of the Postal Service, or other Federal agency acting on behalf of or in concert with the Postal Service, acting in an official capacity.
(3) This subsection shall not apply with respect to conduct occurring before the date of enactment of this subsection.
**(f)**
(1) Each building constructed or altered by the Postal Service shall be constructed or altered, to the maximum extent feasible as determined by the Postal Service, in compliance with 1 of the nationally recognized model building codes and with other applicable nationally recognized codes.
(2) Each building constructed or altered by the Postal Service shall be constructed or altered only after consideration of all requirements (other than procedural requirements) of zoning laws, land use laws, and applicable environmental laws of a State or subdivision of a State which would apply to the building if it were not a building constructed or altered by an establishment of the Government of the United States.
(3) For purposes of meeting the requirements of paragraphs (1) and (2) with respect to a building, the Postal Service shall—
(A) in preparing plans for the building, consult with appropriate officials of the State or political subdivision, or both, in which the building will be located;
(B) upon request, submit such plans in a timely manner to such officials for review by such officials for a reasonable period of time not exceeding 30 days; and
(C) permit inspection by such officials during construction or alteration of the building, in accordance with the customary schedule of inspections for construction or alteration of buildings in the locality, if such officials provide to the Postal Service—
(i) a copy of such schedule before construction of the building is begun; and
(ii) reasonable notice of their intention to conduct any inspection before conducting such inspection.
Nothing in this subsection shall impose an obligation on any State or political subdivision to take any action under the preceding sentence, nor shall anything in this subsection require the Postal Service or any of its contractors to pay for any action taken by a State or political subdivision to carry out this subsection (including reviewing plans, carrying out on-site inspections, issuing building permits, and making recommendations).
(4) Appropriate officials of a State or a political subdivision of a State may make recommendations to the Postal Service concerning measures necessary to meet the requirements of paragraphs (1) and (2). Such officials may also make recommendations to the Postal Service concerning measures which should be taken in the construction or alteration of the building to take into account local conditions. The Postal Service shall give due consideration to any such recommendations.
(5) In addition to consulting with local and State officials under paragraph (3), the Postal Service shall establish procedures for soliciting, assessing, and incorporating local community input on real property and land use decisions.
(6) For purposes of this subsection, the term “State” includes the District of Columbia, the Commonwealth of Puerto Rico, and a territory or possession of the United States.
**(g)**
(1) Notwithstanding any other provision of law, legal representation may not be furnished by the Department of Justice to the Postal Service in any action, suit, or proceeding arising, in whole or in part, under any of the following:
(A) Subsection (d) or (e) of this section.
(B) Subsection (f) or (g) of section 504 (relating to administrative subpoenas by the Postal Regulatory Commission).
(C) Section 3663 (relating to appellate review).
The Postal Service may, by contract or otherwise, employ attorneys to obtain any legal representation that it is precluded from obtaining from the Department of Justice under this paragraph.
(2) In any circumstance not covered by paragraph (1), the Department of Justice shall, under section 411, furnish the Postal Service such legal representation as it may require, except that, with the prior consent of the Attorney General, the Postal Service may, in any such circumstance, employ attorneys by contract or otherwise to conduct litigation brought by or against the Postal Service or its officers or employees in matters affecting the Postal Service.
(3)
(A) In any action, suit, or proceeding in a court of the United States arising in whole or in part under any of the provisions of law referred to in subparagraph (B) or (C) of paragraph (1), and to which the Commission is not otherwise a party, the Commission shall be permitted to appear as a party on its own motion and as of right.
(B) The Department of Justice shall, under such terms and conditions as the Commission and the Attorney General shall consider appropriate, furnish the Commission such legal representation as it may require in connection with any such action, suit, or proceeding, except that, with the prior consent of the Attorney General, the Commission may employ attorneys by contract or otherwise for that purpose.
**(h)** A judgment against the Government of the United States arising out of activities of the Postal Service shall be paid by the Postal Service out of any funds available to the Postal Service, subject to the restriction specified in section 2011(g).
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** “Antitrust laws,” as used herein, includes the Act entitled “An Act to protect trade and commerce against unlawful restraints and monopolies,” approved July second, eighteen hundred and ninety; sections seventy-three to seventy-six, inclusive, of an Act entitled “An Act to reduce taxation, to provide revenue for the Government, and for other purposes,” of August twenty-seventh, eighteen hundred and ninety-four; an Act entitled “An Act to amend sections seventy-three and seventy-six of the Act of August twenty-seventh, eighteen hundred and ninety-four, entitled ‘An Act to reduce taxation, to provide revenue for the Government, and for other purposes,’ ” approved February twelfth, nineteen hundred and thirteen; and also this Act.“Commerce,” as used herein, means trade or commerce among the several States and with foreign nations, or between the District of Columbia or any Territory of the United States and any State, Territory, or foreign nation, or between any insular possessions or other places under the jurisdiction of the United States, or between any such possession or place and any State or Territory of the United States or the District of Columbia or any foreign nation, or within the District of Columbia or any Territory or any insular possession or other place under the jurisdiction of the United States: Provided, That nothing in this Act contained shall apply to the Philippine Islands. The word “person” or “persons” wherever used in this Act shall be deemed to include corporations and associations existing under or authorized by the laws of either the United States, the laws of any of the Territories, the laws of any State, or the laws of any foreign country.
**(b)** This Act may be cited as the “Clayton Act”.
Source: Supplied U.S. Code snapshot — release unconfirmed · 15 U.S.C. § 12
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** Whoever establishes any private express for the conveyance of letters or packets, or in any manner causes or provides for the conveyance of the same by regular trips or at stated periods over any post route which is or may be established by law, or from any city, town, or place to any other city, town, or place, between which the mail is regularly carried, shall be fined not more than $500 or imprisoned not more than six months, or both.This section shall not prohibit any person from receiving and delivering to the nearest post office, postal car, or other authorized depository for mail matter any mail matter properly stamped.
**(b)** Whoever transmits by private express or other unlawful means, or delivers to any agent thereof, or deposits at any appointed place, for the purpose of being so transmitted any letter or packet, shall be fined under this title.
**(c)** This chapter shall not prohibit the conveyance or transmission of letters or packets by private hands without compensation, or by special messenger employed for the particular occasion only. Whenever more than twenty-five such letters or packets are conveyed or transmitted by such special messenger, the requirements of [section 601 of title 39](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title39-section601&num=0&edition=prelim), shall be observed as to each piece.
Source: Supplied U.S. Code snapshot — release unconfirmed · 18 U.S.C. § 1696
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Declaration of unlawfulness; power to prohibit unfair practices; inapplicability to foreign trade**
(1) Unfair methods of competition in or affecting commerce, and unfair or deceptive acts or practices in or affecting commerce, are hereby declared unlawful.
(2) The Commission is hereby empowered and directed to prevent persons, partnerships, or corporations, except banks, savings and loan institutions described in [section 57a(f)(3) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section57a/f/3&num=0&edition=prelim), Federal credit unions described in [section 57a(f)(4) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section57a/f/4&num=0&edition=prelim), common carriers subject to the Acts to regulate commerce, air carriers and foreign air carriers subject to part A of subtitle VII of title 49, and persons, partnerships, or corporations insofar as they are subject to the Packers and Stockyards Act, 1921, as amended [[7 U.S.C. 181](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section181&num=0&edition=prelim) et seq.], except as provided in section 406(b) of said Act [[7 U.S.C. 227(b)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section227/b&num=0&edition=prelim)], from using unfair methods of competition in or affecting commerce and unfair or deceptive acts or practices in or affecting commerce.
(3) This subsection shall not apply to unfair methods of competition involving commerce with foreign nations (other than import commerce) unless—
(A) such methods of competition have a direct, substantial, and reasonably foreseeable effect—
(i) on commerce which is not commerce with foreign nations, or on import commerce with foreign nations; or
Source: Supplied U.S. Code snapshot — release unconfirmed · 15 U.S.C. § 45
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Federal law — U.S. Code and appendices · legal_authorities
### Statutory Notes
Section, Pub. L. 91–375, Aug. 12, 1970, 84 Stat. 763; Pub. L. 98–620, title IV, § 402(37), Nov. 8, 1984, 98 Stat. 3360, related to appellate review of a decision of the Board of Governors to approve, allow under protest, reject, or modify a recommended decision of the Postal Rate Commission.
Source: Supplied U.S. Code snapshot — release unconfirmed · 39 U.S.C. § 3628
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Application for use of trademark**
(1) The owner of a trademark used in commerce may request registration of its trademark on the principal register hereby established by paying the prescribed fee and filing in the Patent and Trademark Office an application and a verified statement, in such form as may be prescribed by the Director, and such number of specimens or facsimiles of the mark as used as may be required by the Director.
(2) The application shall include specification of the applicant’s domicile and citizenship, the date of the applicant’s first use of the mark, the date of the applicant’s first use of the mark in commerce, the goods in connection with which the mark is used, and a drawing of the mark.
(3) The statement shall be verified by the applicant and specify that—
(A) the person making the verification believes that he or she, or the juristic person in whose behalf he or she makes the verification, to be the owner of the mark sought to be registered;
(B) to the best of the verifier’s knowledge and belief, the facts recited in the application are accurate;
(C) the mark is in use in commerce; and
(D) to the best of the verifier’s knowledge and belief, no other person has the right to use such mark in commerce either in the identical form thereof or in such near resemblance thereto as to be likely, when used on or in connection with the goods of such other person, to cause confusion, or to cause mistake, or to deceive, except that, in the case of every application claiming concurrent use, the applicant shall—
(i) state exceptions to the claim of exclusive use; and
(ii) shall 11 So in original. The word “shall” probably should not appear. specify, to the extent of the verifier’s knowledge—
(I) any concurrent use by othe
Source: Supplied U.S. Code snapshot — release unconfirmed · 15 U.S.C. § 1051
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Federal law — U.S. Code and appendices · legal_authorities
Executive agencies within the meaning of [section 105 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section105&num=0&edition=prelim) and the Government Publishing Office are authorized to furnish property, both real and personal, and personal and nonpersonal services to the Postal Service, and the Postal Service is authorized to furnish property and services to them. The furnishing of property and services under this section shall be under such terms and conditions, including reimbursability within the limitations of chapter 37, as the Postal Service and the head of the agency concerned shall deem appropriate.
Source: Supplied U.S. Code snapshot — release unconfirmed · 39 U.S.C. § 411
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** The United States Postal Service shall be operated as a basic and fundamental service provided to the people by the Government of the United States, authorized by the Constitution, created by Act of Congress, and supported by the people. The Postal Service shall have as its basic function the obligation to provide postal services to bind the Nation together through the personal, educational, literary, and business correspondence of the people. It shall provide prompt, reliable, and efficient services to patrons in all areas and shall render postal services to all communities. The costs of establishing and maintaining the Postal Service shall not be apportioned to impair the overall value of such service to the people.
**(b)** The Postal Service shall maintain an integrated network for the delivery of market-dominant and competitive products (as defined in chapter 36 of this title). Delivery shall occur at least six days a week, except during weeks that include a Federal holiday, in emergency situations, such as natural disasters, or in geographic areas where the Postal Service has established a policy of delivering mail fewer than six days a week as of the date of enactment of the Postal Service Reform Act of 2022. The Postal Service shall provide a maximum degree of effective and regular postal services to rural areas, communities, and small towns where post offices are not self-sustaining. No small post office shall be closed solely for operating at a deficit, it being the specific intent of the Congress that effective postal services be insured to residents of both urban and rural communities.
**(c)** As an employer, the Postal Service shall achieve and maintain compensation for its officers and employees comparable to the rates and types of compensation pa
Source: Supplied U.S. Code snapshot — release unconfirmed · 39 U.S.C. § 101
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Federal law — U.S. Code and appendices · legal_authorities
The word “person” or “persons” wherever used in [section 52 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section52&num=0&edition=prelim) shall be deemed to include corporations and associations existing under or authorized by the laws of either the United States, the laws of any of the Territories, the laws of any State, or the laws of any foreign country.
Source: Supplied U.S. Code snapshot — release unconfirmed · 29 U.S.C. § 53
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Federal law — U.S. Code and appendices · legal_authorities
Page 1275
TITLE 15—COMMERCE AND TRADE
§ 1051
1 So in original. The word ‘‘shall’’ probably should not appear.
‘‘An Act to authorize the registration of trade-marks
and protect the same,’’ and also act Aug. 5, 1882, ch. 393,
22 Stat. 298, entitled ‘‘An Act relating to the registra-
tion of trade marks’’. Former section 109 of this title
repealed all inconsistent acts and parts of acts, except
so far as they might apply to certificates of registra-
tion issued under the Trade-Mark Act of Mar. 3, 1881,
ch. 138, and act Aug. 5, 1882, ch. 393.
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE
This chapter, act July 5, 1946, ch. 540, 60 Stat. 427, be-
came effective one year from July 5, 1946, and repealed
chapter 3 of this title as of that date. See notes under
section 1051 of this title.
SUBCHAPTER I—THE PRINCIPAL REGISTER
§ 1051. Application for registration; verification
(a) Application for use of trademark
(1) The owner of a trademark used in com-
merce may request registration of its trademark
on the principal register hereby established by
paying the prescribed fee and filing in the Pat-
ent and Trademark Office an application and a
verified statement, in such form as may be pre-
scribed by the Director, and such number of
specimens or facsimiles of the mark as used as
may be required by the Director.
(2) The application shall include specification
of the applicant’s domicile and citizenship, the
date of the applicant’s first use of the mark, the
date of the applicant’s first use of the mark in
commerce, the goods in connection with which
the mark is used, and a drawing of the mark.
(3) The statement shall be verified by the ap-
plicant and specify that—
(A) the person making the verification be-
lieves that he or she, or the juristic per
Source: Supplied 2024 U.S. Code historical extraction · 15 U.S.C. § 1051
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Federal law — U.S. Code and appendices · legal_authorities
Page 22
TITLE 39—POSTAL SERVICE
§ 408
and undistorted competition between United States
and foreign merchants. Such efforts include:
(i) ensuring that rates charged for delivery of foreign-
origin mail containing goods do not favor foreign mail-
ers over domestic mailers;
(ii) setting rates charged for delivery of foreign-ori-
gin mail in a manner that does not favor postal opera-
tors over non-postal operators; and
(iii) ensuring the collection of advance electronic cus-
toms data.
SEC. 3. Relations with the UPU. (a) The United States
must seek reforms to the UPU that promote the poli-
cies outlined in this memorandum. Such reforms shall
provide for:
(i) a system of fair and nondiscriminatory rates for
goods that promotes unrestricted and undistorted com-
petition; and
(ii) terminal dues rates that:
(A) fully reimburse the USPS for costs to the same
extent as domestic rates for comparable services;
(B) avoid a preference for inbound foreign small
packages containing goods that favors foreign mail-
ers over domestic mailers; and
(C) avoid a preference for inbound foreign small
packages containing goods that favors postal opera-
tors over private-sector entities providing transpor-
tation services.
(b) If negotiations at the UPU’s September 2018 Sec-
ond Extraordinary Congress in Ethiopia fail to yield re-
forms that satisfy the criteria set forth in subsection
(a) of this section, the United States will consider tak-
ing any appropriate actions to ensure that rates for the
delivery of inbound foreign packages satisfy those cri-
teria, consistent with applicable law.
SEC. 4. Actions by the Secretary. (a) The Secretary
shall notify the Director General of the UPU of the
policies and intentions of the United States described
in this memorandum.
(b)
Source: Supplied 2024 U.S. Code historical extraction · 39 U.S.C. § 409
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