Page:United States Statutes at Large Volume 120.djvu/3257

 120 STAT. 3226

PUBLIC LAW 109–435—DEC. 20, 2006

SEC. 402. ASSUMED FEDERAL INCOME TAX ON COMPETITIVE PRODUCTS INCOME.

Subchapter II of chapter 36 of title 39, United States Code, as amended by section 202, is amended by adding at the end the following: ‘‘§ 3634. Assumed Federal income tax on competitive products income ‘‘(a) DEFINITIONS.—For purposes of this section— ‘‘(1) the term ‘assumed Federal income tax on competitive products income’ means the net income tax that would be imposed by chapter 1 of the Internal Revenue Code of 1986 on the Postal Service’s assumed taxable income from competitive products for the year; and ‘‘(2) the term ‘assumed taxable income from competitive products’, with respect to a year, refers to the amount representing what would be the taxable income of a corporation under the Internal Revenue Code of 1986 for the year, if— ‘‘(A) the only activities of such corporation were the activities of the Postal Service allocable under section 2011(h) to competitive products; and ‘‘(B) the only assets held by such corporation were the assets of the Postal Service allocable under section 2011(h) to such activities. ‘‘(b) COMPUTATION AND TRANSFER REQUIREMENTS.—The Postal Service shall, for each year beginning with the year in which occurs the deadline for the Postal Service’s first report to the Postal Regulatory Commission under section 3652(a)— ‘‘(1) compute its assumed Federal income tax on competitive products income for such year; and ‘‘(2) transfer from the Competitive Products Fund to the Postal Service Fund the amount of that assumed tax. ‘‘(c) DEADLINE FOR TRANSFERS.—Any transfer required to be made under this section for a year shall be due on or before the January 15th next occurring after the close of such year.’’. SEC. 403. UNFAIR COMPETITION PROHIBITED.

(a) SPECIFIC LIMITATIONS.—Chapter 4 of title 39, United States Code, is amended by adding after section 404 the following: ‘‘§ 404a. Specific limitations ‘‘(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

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