Page:United States Statutes at Large Volume 120.djvu/3260

 PUBLIC LAW 109–435—DEC. 20, 2006

120 STAT. 3229

‘‘(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). 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. ‘‘(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).’’. (b) TECHNICAL AMENDMENT.—Section 409(a) of title 39, United States Code, is amended by striking ‘‘Except as provided in section 3628 of this title,’’ and inserting ‘‘Except as otherwise provided in this title,’’.

Procedures.

SEC. 405. INTERNATIONAL POSTAL ARRANGEMENTS.

(a) IN GENERAL.—Section 407 of title 39, United States Code, is amended to read as follows: ‘‘§ 407. International postal arrangements ‘‘(a) It is the policy of the United States— ‘‘(1) to promote and encourage communications between peoples by efficient operation of international postal services

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