§ 401. — General powers of the Postal Service.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 39USC401]
TITLE 39--POSTAL SERVICE
PART I--GENERAL
CHAPTER 4--GENERAL AUTHORITY
Sec. 401. General powers of the Postal Service
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 as it
deems necessary to accomplish the objectives 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.
(Pub. L. 91-375, Aug. 12, 1970, 84 Stat. 722.)
Effective Date
Cls. (1) and (3) to (10) effective July 1, 1971, pursuant to
Resolution No. 71-9 of the Board of Governors and cl. (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.
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.