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39 U.S.C. § 401 — General powers of the Postal Service

submitted 56 years ago by Pub. L. 91-375 to r/title-39-POSTAL-SERVICE · 320 words · no verdicts yet

in plain englishAI-generated · not legal advice

The U.S. Postal Service has broad legal powers to run its business. It can sue, make contracts, buy and sell property, and accept gifts. It can even use eminent domain to take land for its official work.

Subject to section 404a of this title, the Postal Service has these general powers:

It may sue other people and organizations, and be sued itself, using its own name.

It may make, change, and cancel its own rules and regulations. These rules must not conflict with this title, and can cover both its duties under this title and any other duties a law assigns it.

It may enter into and carry out contracts, sign legal documents, and decide what it needs to spend money on and why.

It may set up and keep its own accounting system, and design its own contracts and business paperwork, except where another law already controls this.

It may acquire real estate, personal property, or rights in that property, in any legal way, whenever it decides this is necessary or useful. It may then hold, maintain, sell, lease, or otherwise dispose of that property, and may charge for services connected to it.

It may build, run, lease, and maintain buildings, facilities, equipment, and other improvements on any property it owns or controls, including property transferred to it under section 2002 of this title.

It may accept gifts or donations of money, services, or property, whenever it decides this is necessary or useful.

It may settle and compromise legal claims, whether someone is suing the Postal Service or the Postal Service is suing them.

It may use the federal government's power of eminent domain to take property for its official purposes. It also gets the same priority the United States gets when collecting debts from someone who is bankrupt, insolvent, or has died.

Finally, it has any other power that naturally goes along with, or is necessary or appropriate for, carrying out its functions or using the specific powers listed above.

the actual law source: uscode.house.gov ↗public domain

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.

Source credit: (Pub. L. 91–375, Aug. 12, 1970, 84 Stat. 722; Pub. L. 109–435, title IV, § 403(b)(1), title V, § 504, Dec. 20, 2006, 120 Stat. 3227, 3235.)

history & why it existsrecord from the source credit
  • 1970Enacted · Pub. L. 91-375 · 84 Stat. 722
  • 2006Amended · Pub. L. 109-435 · 120 Stat. 3227, 3235

A history note hasn’t been published yet. The record shows enactment by Pub. L. 91-375 on 1970-08-12.

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