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39 U.S.C. § 406

Section 406 · Postal services at Armed Forces installations

Amended 3 times on record

Applied in 5 court decisions — leading case Brown v. Commissioner (1982)

Most recently applied in Knox v. Brnovich (October 2018)

How often courts cite this section

19701980199020002010202020231091-375enacted · 1970 · 91-375Brown v. Commissionerleading · 1982 · Brown v. Commissioner116-92amended · 2019 · 116-92amended · 2023 · 118-31
citing decisions per year

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.

(a)

The Postal Service may establish branch post offices at camps, posts, bases, or stations of the Armed Forces and at defense or other strategic installations.

(b)

The Secretaries of Defense and Transportation shall make arrangements with the Postal Service to perform postal services through personnel designated by them at or through branch post offices established under subsection (a) of this section.

(c)
(1)

The Secretary of Defense shall authorize the use of a post office established under subsection (a) in a location outside the United States by citizens of the United States—

(A)

who—

(i)

are employed by the North Atlantic Treaty Organization; and

(ii)

perform functions in support of the Armed Forces of the United States; and

(B)

if the Secretary makes a written determination that such use is—

(i)

in the best interests of the Department of Defense; and

(ii)

otherwise authorized by applicable host nation law or agreement.

(2)

No funds may be obligated or expended to establish, maintain, or expand a post office established under subsection (a) for the purpose of use described in paragraph (1) of this subsection.

Editorial notes U.S. Code · Office of the Law Revision Counsel

Editorial Notes

Amendments

2023—Subsec. (c)(1). Pub. L. 118–31 substituted “shall authorize the use” for “may authorize the use” in introductory provisions.

2019—Subsec. (c). Pub. L. 116–92 added subsec. (c).

Statutory Notes and Related Subsidiaries

Effective Date

Section effective July 1, 1971, pursuant to Resolution No. 71–9 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.

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