§409 — Title 39 Postal Service | U.S. Code

Summary

Federal district courts must hear lawsuits that start by or against the Postal Service, but they are not the only courts that can do so. If a case with the Postal Service starts in a state court, it can be moved to federal court under chapter 89 of title 28. The rules in title 28 about how to serve papers, where a case can be filed, time limits, and court procedures that apply to the United States and its employees also apply the same way to the Postal Service. Claims for injuries (torts) follow chapter 171 and the other title 28 rules for tort cases. For some federal laws, the Postal Service is treated like a private “person” and can be sued in federal court for violations by its officers or employees. That includes the Trademark Act of July 5, 1946 (15 U.S.C. 1051 et seq.) and section 5 of the Federal Trade Commission Act for unfair or deceptive acts. If the Postal Service or another federal agency acting with it deals with a product that is not reserved to the United States under section 1696 of title 18, it is not immune from federal suit for breaking federal law and is treated as a “person” under the Clayton Act for antitrust rules and under FTC section 5 for unfair competition. However, officers or employees acting in their official roles cannot be held personally liable for damages, interest, costs, fees, or criminal charges under the antitrust laws. Postal buildings must, as much as feasible, follow national model building codes and consider local zoning and environmental laws; the Postal Service must consult local officials, allow plan review for up to 30 days on request, permit customary inspections with prior notice, consider local recommendations, and get community input. The Department of Justice may not represent the Postal Service in cases arising under the parts described above; otherwise DOJ provides representation under section 411, though the Postal Service may hire outside lawyers with the Attorney General’s consent. Any judgment against the United States for Postal Service activities must be paid by the Postal Service from its funds, subject to section 2011(g).

Title 39, §409

Postal Service — Source: USLM XML via OLRC

(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 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, 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.

(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.

(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).

(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).

Notes & Related Subsidiaries

Historical and Revision Notes

1982 Act Revised sectionSource (U.S. Code)Source (Statutes at Large) 409(e)31:724a (last sentence).July 27, 1956, ch. 748, 70 Stat. 678, § 1302 (last sentence); added Aug. 12, 1970, Pub. L. 91–375, § 6(l)(3), 84 Stat. 782. The words “Notwithstanding the other provisions of this section” are omitted as unnecessary.

Editorial Notes

References in Text

The Act of

July 5, 1946, referred to in subsec. (d)(2)(A), is act

July 5, 1946, ch. 540, 60 Stat. 427, popularly known as the Trademark Act of 1946 and also as the Lanham Act, which is classified generally to chapter 22 (§ 1051 et seq.) of Title 15, Commerce and Trade. For complete classification of this Act to the Code, see

Short Title

note set out under section 1051 of Title 15 and Tables. section 5 of the Federal Trade Commission Act, referred to in subsecs. (d)(2)(B) and (e)(1)(B)(ii), is classified to section 45 of Title 15, Commerce and Trade. The first section of the Clayton Act, referred to in subsec. (e)(1)(B), is classified to section 12 of Title 15, Commerce and Trade, and section 53 of Title 29, Labor. The date of enactment of this subsection, referred to in subsec. (e)(3), is the date of enactment of Pub. L. 109–435, which was approved Dec. 20, 2006.

Amendments

2006—Subsec. (a). Pub. L. 109–435, § 404(b), substituted “Except as otherwise provided in this title,” for “Except as provided in section 3628 of this title,”. Subsecs. (d) to (h). Pub. L. 109–435, § 404(a), added subsecs. (d) to (h) and struck out former subsecs. (d) and (e), which read as follows: “(d) The Department of Justice shall furnish, under section 411 of this title, the Postal Service such legal representation as it may require, but with the prior consent of the Attorney General the Postal Service may 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. “(e) 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.” 1982—Subsec. (e). Pub. L. 97–258 added subsec. (e).

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.

§409 Suits by and Against the Postal Service