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§ 404. —  Specific powers.



[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
  January 24, 2002 and December 19, 2002]
[CITE: 39USC404]

 
                        TITLE 39--POSTAL SERVICE
 
                             PART I--GENERAL
 
                      CHAPTER 4--GENERAL AUTHORITY
 
Sec. 404. Specific powers

    (a) Without limitation of the generality of its powers, the Postal 
Service shall have the following specific powers, among others:
        (1) to provide for the collection, handling, transportation, 
    delivery, forwarding, returning, and holding of mail, and for the 
    disposition of undeliverable mail;
        (2) to prescribe, in accordance with this title, the amount of 
    postage and the manner in which it is to be paid;
        (3) to determine the need for post offices, postal and training 
    facilities and equipment, and to provide such offices, facilities, 
    and equipment as it determines are needed;
        (4) to provide and sell postage stamps and other stamped paper, 
    cards, and envelopes and to provide such other evidences of payment 
    of postage and fees as may be necessary or desirable;
        (5) to provide philatelic services;
        (6) to provide, establish, change, or abolish special nonpostal 
    or similar services;
        (7) to investigate postal offenses and civil matters relating to 
    the Postal Service;
        (8) to offer and pay rewards for information and services in 
    connection with violation of the postal laws, and, unless a 
    different disposal is expressly prescribed, to pay one-half of all 
    penalties and forfeitures imposed for violations of law affecting 
    the Postal Service, its revenues, or property, to the person 
    informing for the same, and to pay the other one-half into the 
    Postal Service Fund; and
        (9) to authorize the issuance of a substitute check for a lost, 
    stolen, or destroyed check of the Postal Service.

    (b)(1) The Postal Service, prior to making a determination under 
subsection (a)(3) of this section as to the necessity for the closing or 
consolidation of any post office, shall provide adequate notice of its 
intention to close or consolidate such post office at least 60 days 
prior to the proposed date of such closing or consolidation to persons 
served by such post office to ensure that such persons will have an 
opportunity to present their views.
    (2) The Postal Service, in making a determination whether or not to 
close or consolidate a post office--
        (A) shall consider--
            (i) the effect of such closing or consolidation on the 
        community served by such post office;
            (ii) the effect of such closing or consolidation on 
        employees of the Postal Service employed at such office;
            (iii) whether such closing or consolidation is consistent 
        with the policy of the Government, as stated in section 101(b) 
        of this title, that the Postal Service shall provide a maximum 
        degree of effective and regular postal services to rural areas, 
        communities, and small towns where post offices are not self-
        sustaining;
            (iv) the economic savings to the Postal Service resulting 
        from such closing or consolidation; and
            (v) such other factors as the Postal Service determines are 
        necessary; and

        (B) may not consider compliance with any provision of the 
    Occupational Safety and Health Act of 1970 (29 U.S.C. 651 et seq.).

    (3) Any determination of the Postal Service to close or consolidate 
a post office shall be in writing and shall include the findings of the 
Postal Service with respect to the considerations required to be made 
under paragraph (2) of this subsection. Such determination and findings 
shall be made available to persons served by such post office.
    (4) The Postal Service shall take no action to close or consolidate 
a post office until 60 days after its written determination is made 
available to persons served by such post office.
    (5) A determination of the Postal Service to close or consolidate 
any post office may be appealed by any person served by such office to 
the Postal Rate Commission within 30 days after such determination is 
made available to such person under paragraph (3). The Commission shall 
review such determination on the basis of the record before the Postal 
Service in the making of such determination. The Commission shall make a 
determination based upon such review no later than 120 days after 
receiving any appeal under this paragraph. The Commission shall set 
aside any determination, findings, and conclusions found to be--
        (A) arbitrary, capricious, an abuse of discretion, or otherwise 
    not in accordance with the law;
        (B) without observance of procedure required by law; or
        (C) unsupported by substantial evidence on the record.

The Commission may affirm the determination of the Postal Service or 
order that the entire matter be returned for further consideration, but 
the Commission may not modify the determination of the Postal Service. 
The Commission may suspend the effectiveness of the determination of the 
Postal Service until the final disposition of the appeal. The provisions 
of section 556, section 557, and chapter 7 of title 5 shall not apply to 
any review carried out by the Commission under this paragraph.

(Pub. L. 91-375, Aug. 12, 1970, 84 Stat. 724; Pub. L. 94-421, Sec. 9(a), 
Sept. 24, 1976, 90 Stat. 1310; Pub. L. 105-241, Sec. 3, Sept. 28, 1998, 
112 Stat. 1572.)

                       References in Text

    The Occupational Safety and Health Act of 1970, referred to in 
subsec. (b)(2)(B), is Pub. L. 91-596, Dec. 29, 1970, 84 Stat. 1590, as 
amended, which is classified principally to chapter 15 (Sec. 651 et 
seq.) of Title 29, Labor. For complete classification of this Act to the 
Code, see Short Title note set out under section 651 of Title 29 and 
Tables.


                               Amendments

    1998--Subsec. (b)(2). Pub. L. 105-241 amended par. (2) generally. 
Prior to amendment, par. (2) read as follows: ``The Postal Service, in 
making a determination whether or not to close or consolidate a post 
office, shall consider--
        ``(A) the effect of such closing or consolidation on the 
    community served by such post office;
        ``(B) the effect of such closing or consolidation on employees 
    of the Postal Service employed at such office;
        ``(C) whether such closing or consolidation is consistent with 
    the policy of the Government, as stated in section 101(b) of this 
    title, that the Postal Service shall provide a maximum degree of 
    effective and regular postal services to rural areas, communities, 
    and small towns where post offices are not self-sustaining;
        ``(D) the economic savings to the Postal Service resulting from 
    such closing or consolidation; and
        ``(E) such other factors as the Postal Service determines are 
    necessary.''
    1976--Pub. L. 94-421 designated existing provisions as subsec. (a) 
and added subsec. (b).


                    Effective Date of 1976 Amendment

    Section 9(b) of Pub. L. 94-421 provided that: ``The amendments made 
by subsection (a) of this section [amending this section] shall take 
effect on the day after the date on which the Commission on Postal 
Service transmits its final report under section 7(f)(1) of this Act 
[set out as a note under section 3661 of this title].''


                             Effective Date

    Pars. (1), (3) to (9) of subsec. (a) of this section effective July 
1, 1971, pursuant to Resolution No. 71-9 of the Board of Governors and 
par. (2) of subsec. (a) effective Jan. 20, 1971, pursuant to Resolution 
No. 71-10 of the Board of Governors. See section 15(a) of Pub. L. 91-
375, set out as a note preceding section 101 of this title.

                  Section Referred to in Other Sections

    This section is referred to in title 42 section 10601.



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