§ 409. — Suits by and against the Postal Service.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 39USC409]
TITLE 39--POSTAL SERVICE
PART I--GENERAL
CHAPTER 4--GENERAL AUTHORITY
Sec. 409. Suits by and against the Postal Service
(a) Except as provided in section 3628 of 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) 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.
(Pub. L. 91-375, Aug. 12, 1970, 84 Stat. 725; Pub. L. 97-258, Sec. 2(k),
Sept. 13, 1982, 96 Stat. 1062.)
Historical and Revision Notes
1982 Act
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Revised section Source (U.S. Code) Source (Statutes at Large)
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409(e)................................ 31:724a (last sentence). July 27, 1956, ch. 748, 70 Stat.
678, Sec. 1302 (last sentence);
added Aug. 12, 1970, Pub. L. 91-
375, Sec. 6(l)(3), 84 Stat. 782.
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The words ``Notwithstanding the other provisions of this section''
are omitted as unnecessary.
Amendments
1982--Subsec. (e). Pub. L. 97-258 added subsec. (e).
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.
Section Referred to in Other Sections
This section is referred to in sections 3007, 3012 of this title.
