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Title 39 — Postal ServiceRelease 119-73not60

§2002 Capital of the Postal Service

Title 39 › Part III— MODERNIZATION AND FISCAL ADMINISTRATION › Chapter 20— FINANCE › § 2002

Last updated Apr 5, 2026|Official source

Summary

When the Postal Service began, its starting capital came from the federal government's share of the old Post Office Department as shown in the President’s budget. The Postal Service must decide the value of the assets and liabilities it received, and the Comptroller General must approve those values. Assets are to be valued at original cost minus depreciation when possible, and the old department’s accounting records count as proof of value. Most liabilities of the old Post Office stay with the federal government, except that any unspent appropriations and the liabilities tied to them become the Postal Service’s assets and liabilities. The Postal Service’s capital at any time is its assets (including the balance in the Fund and the balance in the Competitive Products Fund) minus its liabilities. The Postal Service, together with the General Services Administration when GSA properties are involved, and with approval from the Director of the Office of Management and Budget, will decide which federal properties move to the Postal Service when it starts. The transfer happens at or near the start and the Postal Service’s asset values are adjusted. Transfers include the mail equipment shops in Washington, all machinery and equipment, certain real estate used or acquired for postal buildings, any property that was at least 55 percent occupied by the old Post Office, the department’s contracts and records, and all other former Post Office assets. After operations begin, the President may move property between the Postal Service and other federal agencies, with or without payment, if it serves the public interest.

Full Legal Text

Title 39, §2002

Postal Service — Source: USLM XML via OLRC

(a)The initial capital of the Postal Service shall consist of the equity, as reflected in the budget of the President, of the Government of the United States in the former Post Office Department. The value of assets and the amount of liabilities transferred to the Postal Service upon the commencement of operations of the Postal Service shall be determined by the Postal Service subject to the approval of the Comptroller General, in accordance with the following guidelines:
(1)Assets shall be valued on the basis of original cost less depreciation, to the extent that such value can be determined. The value recorded on the former Post Office Department’s books of account shall be prima facie evidence of asset value.
(2)All liabilities attributable to operations of the former Post Office Department shall remain liabilities of the Government of the United States, except that upon commencement of operations of the Postal Service, the unexpended balances of appropriations made to, held or used by, or available to the former Post Office Department and all liabilities chargeable thereto shall become assets and liabilities, respectively, of the Postal Service.
(b)The capital of the Postal Service at any time shall consist of its assets, including the balance in the Fund and the balance in the Competitive Products Fund, less its liabilities.
(c)The Postal Service, and the Administrator of General Services where properties under the jurisdiction of the Administrator are involved, with the approval of the Director of the Office of Management and Budget, shall determine which Federal properties shall be transferred to the Postal Service and which shall remain under the jurisdiction of any other department, agency, or establishment of the Government of the United States upon the commencement of operations of the Postal Service. The transfer shall be accomplished at the time of or as near as possible to the commencement of operations of the Postal Service and the valuation of the assets and capital of the Postal Service shall be adjusted accordingly. The following properties shall be included in the transfer:
(1)the mail equipment shops located in Washington, District of Columbia;
(2)all machinery, equipment, and appurtenances of the former Post Office Department;
(3)all real property whose ownership was acquired by the Postmaster General under former section 2103 of this title, as in effect immediately prior to the effective date of this section, or which immediately prior to such effective date, is under the administration of the former Post Office Department for the purpose of constructing a postal building from funds appropriated or transferred to the former Post Office Department, together with all funds appropriated or allocated therefor;
(4)all real property 55 percent or more of which is occupied by or under control of the former Post Office Department immediately prior to the effective date of this section;
(5)all contracts, records, and documents relating to the operation of the departmental service and the postal field service of the former Post Office Department; and
(6)all other property and assets of the former Post Office Department.
(d)After the commencement of operations of the Postal Service, the President is authorized to transfer to the Postal Service, and the Postal Service is authorized to transfer to other departments, agencies, or independent establishments of the Government of the United States, with or without reimbursement, any property of that department, agency, or independent establishment and the Postal Service, respectively, when the public interest would be served by such transfer.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

References in Text

The

Effective Date

of this section, referred to in subsec. (c)(3), (4), is July 1, 1971. See

Effective Date

note set out under section 2001 of this title.

Amendments

2006—Subsec. (b). Pub. L. 109–435 substituted “Fund and the balance in the Competitive Products Fund,” for “Fund,”.

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. Assets of Postal Service Pub. L. 91–375, § 4(b), Aug. 12, 1970, 84 Stat. 774, provided that: “Postal revenues and fees collected on and after the

Effective Date

of this section [see note below] shall be considered assets of the Postal Service.” [Provisions of section 4(b) of Pub. L. 91–375 effective within 1 year after Aug. 12, 1970, on date established therefor by the Board of Governors of the United States Postal Service and published by it in the Federal Register, see section 15(a) of Pub. L. 91–375, set out as an

Effective Date

note preceding section 101 of this title.]

Executive Documents

Ex. Ord. No. 11672. Transfer or Furnishing of Property Ex. Ord. No. 11672, June 6, 1972, 37 F.R. 11455, provided: By virtue of the authority vested in me by the Postal Reorganization Act (39 U.S.C. 2002(d)) and section 301 of title 3 of the United States Code, and as President of the United States it is hereby ordered as follows: section 1. The authority conferred upon the President by section 2002(d) of title 39 of the United States Code is hereby delegated to the Administrator of General Services subject to the provisions of this order. Sec. 2. Property transferred to the Postal Service under this order shall be subject to reimbursement at fair market value, as agreed to by the Administrator of General Services and the Postmaster General, unless the Director of the Office of Management and Budget finds that a different basis of valuation, or transfer without reimbursement, is more equitable or better serves the public interest. Sec. 3. Reimbursement of fair market value required for property transfers to the Postal Service under this order may consist of cash payments or, subject to approval by the Director of the Office of Management and Budget, property transferred from the Postal Service to other departments, agencies, or independent establishments of the Government of the United States, or both cash and approved properties. Sec. 4. Heads of agencies furnishing property to the Postal Service under section 411 of title 39 of the United States Code shall require reimbursement at fair market value of such property or at a rate based on appropriate commercial charges for comparable property, as agreed to by the agency head and the Postmaster General, unless the Director of the Office of Management and Budget finds that a different basis of valuation is more equitable or better serves the public interest. Sec. 5. Delegations of authority made in this order may be redelegated. Richard Nixon.

Reference

Citations & Metadata

Citation

39 U.S.C. § 2002

Title 39 — Postal Service

Last Updated

Apr 5, 2026

Release point: 119-73not60