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.
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).
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.
39 U.S.C. § 409
HISTORICAL AND REVISION NOTES 1982 ACT | ||
Revised section | Source (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. |
EDITORIAL NOTES
REFERENCES IN TEXTThe 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.
AMENDMENTS2006-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 DATESection 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.
- Governors
- "Governors" means the 9 members of the Board of Governors appointed by the President, by and with the advice and consent of the Senate, under section 202(a) of this title;
- Postal Service
- "Postal Service" means the United States Postal Service established by section 201 of this title;
- product
- "product" means a postal service with a distinct cost or market characteristic for which a rate or rates are, or may reasonably be, applied;