Title 39 — Postal ServiceRelease 119-73

§404a Specific limitations

Title 39 › Part PART I— - GENERAL › Chapter CHAPTER 4— - GENERAL AUTHORITY › § 404a

Last updated Apr 6, 2026|Official source

Summary

The Postal Service must not, unless another law allows it, do three things. It may not make rules that stop or set the terms of competition unless it shows the rules do not give it or any Postal-funded entity an unfair advantage. It may not force people to give or license their patents, copyrights, trademarks, trade secrets, or other private information. It may not take information from a person who provides (or wants to provide) a product and then offer a postal service based on that information without that person’s consent, unless the same information can be gotten from an independent source. The Postal Regulatory Commission must make rules to enforce these limits. Anyone (including a Commission officer speaking for the public) who thinks the Postal Service broke these rules may file a complaint under section 3662.

Full Legal Text

Title 39, §404a

Postal Service — Source: USLM XML via OLRC

(a)Except as specifically authorized by law, the Postal Service may not—

(1)establish any rule or regulation (including any standard) the effect of which is to preclude competition or establish the terms of competition unless the Postal Service demonstrates 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 licensing 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 obtained (or obtainable).

(b)The Postal Regulatory Commission shall prescribe regulations to carry out this section.

(c)Any party (including an officer of the Commission 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.

Reference

Citations & Metadata

Citation

39 U.S.C. § 404a

Title 39 — Postal Service

Last Updated

Apr 6, 2026

Release point: 119-73