39 U.S.C. § 401
Section 401 · General powers of the Postal Service
Amended 2 times on record
The circuits are split over this section — Whether 39 U.S.C. § 409(a) of Title 39 independently confers subject-matter jurisdiction on federal district courts over claims brought by or against the Postal Service; Whether 39 U.S.C. § 409 provides an independent basis for federal subject-matter jurisdiction over suits involving the United States Postal Service
Applied in 279 court decisions — leading case Bolger v. Youngs Drug Products Corp. (1983)
Most recently applied in Reyes-Colon v. United States (September 2020)
Applied most in the District Circuit Circuit (29 decisions)
Cases citing this section usually also cite 39 U.S.C. § 409 · 28 U.S.C. § 1346 · 39 U.S.C. § 101
How often courts cite this section
Court decisions citing this, by year.Markers show enactment, consequential amendments, and circuit splits over this section — watch for a citation surge after a change or a disagreement. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.
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.
Editorial notes U.S. Code · Office of the Law Revision Counsel
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;”.
Effective Date
Pars. (1) and (3) to (10) effective July 1, 1971, pursuant to Resolution No. 71–9 of the Board of Governors and par. (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.