§401 — Title 39 Postal Service | U.S. Code

Summary

As long as it follows section 404a, the Postal Service has these main powers. It can bring lawsuits and be sued using its official name. It can make, change, and remove rules needed to do its work under this law and for duties given by other laws, as long as the rules do not conflict with this title. It can sign contracts, handle its spending, and keep its own accounting and business forms. It can buy, own, sell, lease, and use property, build and run facilities and equipment (including property given under section 2002), accept gifts, settle claims, use the United States’ power of eminent domain for its purposes, have priority for payment from bankrupt or insolvent or decedents’ estates, and exercise any other powers needed to carry out its functions.

Title 39, §401

Postal Service — Source: USLM XML via OLRC

Subject to the provisions of section 404a, the Postal Service shall have the following general powers:

(1)to sue and be sued in its official name;

(2)to adopt, amend, and repeal such rules and regulations, not inconsistent with this title, as may be necessary in the execution of its functions under this title and such other functions as may be assigned to the Postal Service under any provisions of law outside of this title;

(3)to enter into and perform contracts, execute instruments, and determine the character of, and necessity for, its expenditures;

(4)to determine and keep its own system of accounts and the forms and contents of its contracts and other business documents, except as otherwise provided in this title;

(5)to acquire, in any lawful manner, such personal or real property, or any interest therein, as it deems necessary or convenient in the transaction of its business; to hold, maintain, sell, lease, or otherwise dispose of such property or any interest therein; and to provide services in connection therewith and charges therefor;

(6)to construct, operate, lease, and maintain buildings, facilities, equipment, and other improvements on any property owned or controlled by it, including, without limitation, any property or interest therein transferred to it under section 2002 of this title;

(7)to accept gifts or donations of services or property, real or personal, as it deems, necessary or convenient in the transaction of its business;

(8)to settle and compromise claims by or against it;

(9)to exercise, in the name of the United States, the right of eminent domain for the furtherance of its official purposes; and to have the priority of the United States with respect to the payment of debts out of bankrupt, insolvent, and decedents’ estates; and

(10)to have all other powers incidental, necessary, or appropriate to the carrying on of its functions or the exercise of its specific powers.

Notes & Related Subsidiaries

Editorial Notes

Amendments

2006—Pub. L. 109–435, § 403(b)(1), substituted “Subject to the provisions of section 404a, the” for “The” in introductory provisions. Par. (2). Pub. L. 109–435, § 504, amended par. (2) generally. Prior to amendment, par. (2) read as follows: “to adopt, amend, and repeal such

Rules and Regulations

as it deems necessary to accomplish the objectives of this title;”.

Statutory Notes and Related Subsidiaries

Effective Date

Pars. (1) and (3) to (10) effective July 1, 1971, pursuant to Resolution No. 71–9 of the Board of Governors and par. (2) effective Aug. 12, 1970. See section 15(a) of Pub. L. 91–375, set out as a note preceding section 101 of this title.

Executive Documents

Emergency Preparedness Functions For assignment of certain emergency preparedness functions to the Postmaster General, see Parts 1, 2, and 26 of Ex. Ord. No. 12656, Nov. 18, 1988, 53 F.R. 47491, set out as a note under section 5195 of Title 42, The Public Health and Welfare. Executive Order No. 13975 Ex. Ord. No. 13975, Jan. 14, 2021, 86 F.R. 6547, which encouraged Buy American policies for the United States Postal Service, was revoked by Ex. Ord. No. 14005, § 14(a), Jan. 25, 2021, 86 F.R. 7478, set out as a note under section 8301 of Title 41, Public Contracts.

§401 General Powers of the Postal Service