39 U.S.C. § 406 — Postal services at Armed Forces installa-

Page 18 TITLE 39—POSTAL SERVICE § 404a ‘‘The Postal Service, in making a determination whether or not to close or consolidate a post office, shall consider— ‘‘(A) the effect of such closing or consolidation on the community served by such post office; ‘‘(B) the effect of such closing or consolidation on employees of the Postal Service employed at such of- fice; ‘‘(C) whether such closing or consolidation is con- sistent with the policy of the Government, as stated in section 101(b) of this title, that the Postal Service shall provide a maximum degree of effective and reg- ular postal services to rural areas, communities, and small towns where post offices are not self-sus- taining; ‘‘(D) the economic savings to the Postal Service re- sulting from such closing or consolidation; and ‘‘(E) such other factors as the Postal Service deter- mines are necessary.’’ 1976—Pub. L. 94–421 designated existing provisions as subsec. (a) and added subsec. (b). Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2006 AMENDMENT Pub. L. 109–435, title X, § 1006(b), Dec. 20, 2006, 120 Stat. 3258, provided that: ‘‘This section [amending this section] and the amendments made by this section shall apply with respect to any determination to close or consolidate a post office which is first made avail- able, in accordance with paragraph (3) of section 404(b) of title 39, United States Code, after the end of the 3- month period beginning on the date of the enactment of this Act [Dec. 20, 2006].’’ EFFECTIVE DATE OF 1976 AMENDMENT Pub. L. 94–421, § 9(b), Sept. 24, 1976, 90 Stat. 1311, pro- vided that: ‘‘The amendments made by subsection (a) of this section [amending this section] shall take effect on the day after the date on which the Commission on Postal Service transmits its final report under section 7(f)(1) of this Act [set out as a note under section 3661 of this title].’’ EFFECTIVE DATE Pars. (1), (3) to (9) of subsec. (a) of this section effec- tive July 1, 1971, pursuant to Resolution No. 71–9 of the Board of Governors and par. (2) of subsec. (a) effective Jan. 20, 1971, pursuant to Resolution No. 71–10 of the Board of Governors. See section 15(a) of Pub. L. 91–375, set out as a note preceding section 101 of this title. TREATMENT OF EXISTING NONPOSTAL SERVICES Pub. L. 117–108, title I, § 103(b)(3), Apr. 6, 2022, 136 Stat. 1144, provided that: ‘‘All individual nonpostal services, provided directly or through licensing, that are contin- ued pursuant to section 404(e) of title 39, United States Code, shall be considered to be expressly authorized by chapter 37 of such title (as added by subsection (a)(1)) and shall be subject to the requirements of section 3705 [probably means section 3705 of this title], subsections (a) through (d).’’ REFERENCES TO POSTAL RATE COMMISSION Pub. L. 109–435, title VI, § 604(f), Dec. 20, 2006, 120 Stat. 3242, provided that: ‘‘Whenever a reference is made in any provision of law (other than this Act [see Tables for classification] or a provision of law amended by this Act), regulation, rule, document, or other record of the United States to the Postal Rate Commission, such ref- erence shall be considered a reference to the Postal Regulatory Commission.’’ § 404a. Specific limitations (a) Except as specifically authorized by law, the Postal Service may not— (1) establish any rule or regulation (includ- ing any standard) the effect of which is to pre- clude competition or establish the terms of competition unless the Postal Service dem- onstrates that the regulation does not create an unfair competitive advantage for itself or any entity funded (in whole or in part) by the Postal Service; (2) compel the disclosure, transfer, or licens- ing of intellectual property to any third party (such as patents, copyrights, trademarks, trade secrets, and proprietary information); or (3) obtain information from a person that provides (or seeks to provide) any product, and then offer any postal service that uses or is based in whole or in part on such information, without the consent of the person providing that information, unless substantially the same information is obtained (or obtainable) from an independent source or is otherwise ob- tained (or obtainable). (b) The Postal Regulatory Commission shall prescribe regulations to carry out this section. (c) Any party (including an officer of the Com- mission representing the interests of the general public) who believes that the Postal Service has violated this section may bring a complaint in accordance with section 3662. (Added Pub. L. 109–435, title IV, § 403(a), Dec. 20, 2006, 120 Stat. 3226.) § 405. Printing of illustrations of United States postage stamps (a) When requested by the Postal Service, the Director of the Government Publishing Office shall print, as a public document for sale by the Superintendent of Documents, illustrations in black and white or in color of postage stamps of the United States, together with such descrip- tive, historical, and philatelic information with regard to the stamps as the Postal Service deems suitable. (b) Notwithstanding the provisions of section 505 of title 44, stereotype or electrotype plates, or duplicates thereof, used in the publications authorized to be printed by this section may not be sold or otherwise disposed of. (Pub. L. 91–375, Aug. 12, 1970, 84 Stat. 724; Pub. L. 113–235, div. H, title I, § 1301(d), Dec. 16, 2014, 128 Stat. 2537.) Statutory Notes and Related Subsidiaries CHANGE OF NAME ‘‘Director of the Government Publishing Office’’ sub- stituted for ‘‘Public Printer’’ in subsec. (a) on author- ity of section 1301(d) of Pub. L. 113–235, set out as a note under section 301 of Title 44, Public Printing and Docu- ments. EFFECTIVE DATE Section effective July 1, 1971, pursuant to Resolution No. 71–9 of the Board of Governors. See section 15(a) of Pub. L. 91–375, set out as a note preceding section 101 of this title. § 406. Postal services at Armed Forces installa- tions (a) The Postal Service may establish branch post offices at camps, posts, bases, or stations of the Armed Forces and at defense or other stra- tegic installations. Page 19 TITLE 39—POSTAL SERVICE § 407 (b) The Secretaries of Defense and Transpor- tation shall make arrangements with the Postal Service to perform postal services through per- sonnel designated by them at or through branch post offices established under subsection (a) of this section. (c)(1) The Secretary of Defense shall authorize the use of a post office established under sub- section (a) in a location outside the United States by citizens of the United States— (A) who— (i) are employed by the North Atlantic Treaty Organization; and (ii) perform functions in support of the Armed Forces of the United States; and (B) if the Secretary makes a written deter- mination that such use is— (i) in the best interests of the Department of Defense; and (ii) otherwise authorized by applicable host nation law or agreement. (2) No funds may be obligated or expended to establish, maintain, or expand a post office es- tablished under subsection (a) for the purpose of use described in paragraph (1) of this subsection. (Pub. L. 91–375, Aug. 12, 1970, 84 Stat. 724; Pub. L. 116–92, div. A, title X, § 1056, Dec. 20, 2019, 133 Stat. 1593; Pub. L. 118–31, div. A, title XVIII, § 1806(a), Dec. 22, 2023, 137 Stat. 688.) Editorial Notes AMENDMENTS 2023—Subsec. (c)(1). Pub. L. 118–31 substituted ‘‘shall authorize the use’’ for ‘‘may authorize the use’’ in in- troductory provisions. 2019—Subsec. (c). Pub. L. 116–92 added subsec. (c). Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective July 1, 1971, pursuant to Resolution No. 71–9 of the Board of Governors. See section 15(a) of Pub. L. 91–375, set out as a note preceding section 101 of this title. § 407. International postal arrangements (a) It is the policy of the United States— (1) to promote and encourage communica- tions between peoples by efficient operation of international postal services and other inter- national delivery services for cultural, social, and economic purposes; (2) to promote and encourage unrestricted and undistorted competition in the provision of international postal services and other international delivery services, except where provision of such services by private compa- nies may be prohibited by law of the United States; (3) to promote and encourage a clear distinc- tion between governmental and operational responsibilities with respect to the provision of international postal services and other international delivery services by the Govern- ment of the United States and by intergovern- mental organizations of which the United States is a member; and (4) to participate in multilateral and bilat- eral agreements with other countries to ac- complish these objectives. (b)(1) The Secretary of State shall be respon- sible for formulation, coordination, and over- sight of foreign policy related to international postal services and other international delivery services and shall have the power to conclude postal treaties, conventions, and amendments related to international postal services and other international delivery services, except that the Secretary may not conclude any treaty, convention, or other international agreement (including those regulating international postal services) if such treaty, convention, or agree- ment would, with respect to any competitive product, grant an undue or unreasonable pref- erence to the Postal Service, a private provider of international postal or delivery services, or any other person. (2) In carrying out the responsibilities speci- fied in paragraph (1), the Secretary of State shall exercise primary authority for the conduct of foreign policy with respect to international postal services and international delivery serv- ices, including the determination of United States positions and the conduct of United States participation in negotiations with for- eign governments and international bodies. In exercising this authority, the Secretary— (A) shall coordinate with other agencies as appropriate, and in particular, shall give full consideration to the authority vested by law or Executive order in the Postal Regulatory Commission, the Department of Commerce, the Department of Transportation, and the Of- fice of the United States Trade Representative in this area; (B) shall maintain continuing liaison with other executive branch agencies concerned with postal and delivery services; (C) shall maintain continuing liaison with the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Government Reform of the House of Representatives; (D) shall maintain appropriate liaison with both representatives of the Postal Service and representatives of users and private providers of international postal services and other international delivery services to keep in- formed of their interests and problems, and to provide such assistance as may be needed to ensure that matters of concern are promptly considered by the Department of State or (if applicable, and to the extent practicable) other executive branch agencies; and (E) shall assist in arranging meetings of such public sector advisory groups as may be established to advise the Department of State and other executive branch agencies in con- nection with international postal services and international delivery services. (3) The Secretary of State shall establish an advisory committee (within the meaning of chapter 10 of title 5) to perform such functions as the Secretary considers appropriate in con- nection with carrying out subparagraphs (A) through (D) of paragraph (2). (c)(1) Before concluding any treaty, conven- tion, or amendment that establishes a rate or classification for a product subject to sub- chapter I of chapter 36, the Secretary of State shall request the Postal Regulatory Commission