Title 39 — Postal Service
Part I · Chapter 4 — General Authority
§ 401. General powers of the Postal Service
Statutory text
Subject to the provisions of section 404a, the Postal Service shall have the following general powers:
to sue and be sued in its official name;
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;
to enter into and perform contracts, execute instruments, and determine the character of, and necessity for, its expenditures;
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;
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;
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;
to accept gifts or donations of services or property, real or personal, as it deems, necessary or convenient in the transaction of its business;
to settle and compromise claims by or against it;
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
to have all other powers incidental, necessary, or appropriate to the carrying on of its functions or the exercise of its specific powers.
Legislative history
Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.
Postal Reorganization Act
Pub. L. 91–375 · 84 Stat. 719
Enacted · 39 U.S.C. § 401
Pub. L. 91–375, Aug. 12, 1970, 84 Stat. 722
Source evidence
Code source credit
Pub. L. 91–375, Aug. 12, 1970, 84 Stat. 722Pub. L. 109–435 § 403(b)(1) · 120 Stat. 3198
Substituted · 39 U.S.C. § 401
Pub. L. 109–435, § 403(b)(1), substituted “Subject to the provisions of section 404a, the” for “The” in introductory provisions
Source evidence
Code amendment note
Pub. L. 109–435, § 403(b)(1), substituted “Subject to the provisions of section 404a, the” for “The” in introductory provisions.Enacted provision · exact public law section
(1) General powers.— Section 401 of title 39, United States Code, is amended by striking “The” and inserting “Subject to the provisions of section 404a, the”.Pub. L. 109–435 § 504 · 120 Stat. 3198
Repealed · 39 U.S.C. § 401(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;”
Source evidence
Code amendment note
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;”.Enacted provision · exact public law section
SEC. 504. RULEMAKING AUTHORITY. Paragraph (2) of section 401 of title 39, United States Code, is amended to read as follows: “(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;” .
2 of 3 references resolved to an enrolled provision · 1 partial
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 , pursuant to Resolution No. 71–9 of the Board of Governors and par. (2) effective . 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, , 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, , 86 F.R. 6547, which encouraged Buy American policies for the United States Postal Service, was revoked by Ex. Ord. No. 14005, § 14(a), , 86 F.R. 7478, set out as a note under section 8301 of Title 41, Public Contracts.
Credits
1970–2006 · 2 acts
- 1970Pub. L. 91–375, , 84 Stat. 722
- 2006Pub. L. 109–435, title IV, § 403(b)(1), title V, § 504, , 120 Stat. 3227, 3235.
Show as published
(Pub. L. 91–375, , 84 Stat. 722; Pub. L. 109–435, title IV, § 403(b)(1), title V, § 504, , 120 Stat. 3227, 3235.)