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§ 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.



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