CHAPTER 4 —GENERAL AUTHORITY
Editorial Notes
Amendments
2012—
2006—
2000—
1998—
1997—
1990—
§401. General powers of the Postal Service
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
(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
Amendments
2006—
Par. (2).
Statutory Notes and Related Subsidiaries
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
Executive Documents
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
Executive Order No. 13975
Ex. Ord. No. 13975, Jan. 14, 2021, 86 F.R. 6547, which encouraged Buy American policies for the United States Postal Service, was revoked by Ex. Ord. No. 14005, §14(a), Jan. 25, 2021, 86 F.R. 7478, set out as a note under
§402. Delegation of authority
Except for those powers, duties, or obligations specifically vested in the Governors, as distinguished from the Board of Governors, the Board may delegate the authority vested in it to the Postmaster General under such terms, conditions, and limitations, including the power of redelegation, as it deems desirable. The Board may establish such committees of the Board, and delegate such powers to any committee, as the Board determines appropriate to carry out its functions and duties. Delegations to the Postmaster General or committees shall be consistent with other provisions of this title, shall not relieve the Board of full responsibility for the carrying out of its duties and functions, and shall be revocable by the Governors in their exclusive judgment.
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Statutory Notes and Related Subsidiaries
Effective Date
Section effective Jan. 16, 1971, pursuant to Resolution No. 71–5 of the Board of Governors. See section 15(a) of
§403. General duties
(a) The Postal Service shall plan, develop, promote, and provide adequate and efficient postal services at fair and reasonable rates and fees. The Postal Service shall receive, transmit, and deliver throughout the United States, its territories and possessions, and, pursuant to arrangements entered into under
(b) It shall be the responsibility of the Postal Service—
(1) to maintain an efficient system of collection, sorting, and delivery of the mail nationwide;
(2) to provide types of mail service to meet the needs of different categories of mail and mail users; and
(3) to establish and maintain postal facilities of such character and in such locations, that postal patrons throughout the Nation will, consistent with reasonable economies of postal operations, have ready access to essential postal services.
(c) In providing services and in establishing classifications, rates, and fees under this title, the Postal Service shall not, except as specifically authorized in this title, make any undue or unreasonable discrimination among users of the mails, nor shall it grant any undue or unreasonable preferences to any such user.
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Editorial Notes
Amendments
1979—Subsec. (a).
Statutory Notes and Related Subsidiaries
Effective Date of 1979 Amendment
Amendment by
Effective Date
Section effective Jan. 20, 1971, pursuant to Resolution No. 71–10 of the Board of Governors. See section 15(a) of
Continuation of Mail Delivery Services
Provisions requiring continuation of six-day delivery and rural delivery of mail at not less than the 1983 level were contained in the Transportation, Treasury, Housing and Urban Development, the Judiciary, and Independent Agencies Appropriations Act, 2006,
Prohibition of 9-Digit ZIP Code
§404. Specific powers
(a) Subject to the provisions of section 404a, but otherwise 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 investigate postal offenses and civil matters relating to the Postal Service;
(7) 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
(8) to authorize the issuance of a substitute check for a lost, stolen, or destroyed check of the Postal Service.
(b) Except as otherwise provided, the Governors are authorized to establish reasonable and equitable classes of mail and reasonable and equitable rates of postage and fees for postal services in accordance with the provisions of
(c) The Postal Service shall maintain one or more classes of mail for the transmission of letters sealed against inspection. The rate for each such class shall be uniform throughout the United States, its territories, and possessions. One such class shall provide for the most expeditious handling and transportation afforded mail matter by the Postal Service. No letter of such a class of domestic origin shall be opened except under authority of a search warrant authorized by law, or by an officer or employee of the Postal Service for the sole purpose of determining an address at which the letter can be delivered, or pursuant to the authorization of the addressee.
(d)(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
(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 (
(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 Regulatory 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
(6) For purposes of paragraph (5), any appeal received by the Commission shall—
(A) if sent to the Commission through the mails, be considered to have been received on the date of the Postal Service postmark on the envelope or other cover in which such appeal is mailed; or
(B) if otherwise lawfully delivered to the Commission, be considered to have been received on the date determined based on any appropriate documentation or other indicia (as determined under regulations of the Commission).
(e)(1) In this subsection, the term "nonpostal service" means any service that is not a postal service defined under section 102(5).
(2) Nothing in this section shall be considered to permit or require that the Postal Service provide any nonpostal service, except that the Postal Service may provide nonpostal services which were offered as of January 1, 2006, as provided under this subsection, or any nonpostal products or services authorized by
(3) Not later than 2 years after the date of enactment of the Postal Accountability and Enhancement Act, the Postal Regulatory Commission shall review each nonpostal service offered by the Postal Service on the date of enactment of that Act and determine whether that nonpostal service shall continue, taking into account—
(A) the public need for the service; and
(B) the ability of the private sector to meet the public need for the service.
(4) Any nonpostal service not determined to be continued by the Postal Regulatory Commission under paragraph (3) shall terminate.
(5) If the Postal Regulatory Commission authorizes the Postal Service to continue a nonpostal service under this subsection, the Postal Regulatory Commission shall designate whether the service shall be regulated under this title as a market dominant product, a competitive product, or an experimental product.
(
Editorial Notes
References in Text
The Occupational Safety and Health Act of 1970, referred to in subsec. (d)(2)(B), is
The date of enactment of the Postal Accountability and Enhancement Act, referred to in subsec. (e)(3), is the date of enactment of
Amendments
2022—Subsec. (e)(2).
2006—Subsec. (a).
Subsec. (a)(6) to (9).
Subsec. (b).
Subsec. (b)(5).
Subsec. (b)(6).
Subsec. (c).
Subsecs. (d), (e).
1998—Subsec. (b)(2).
"(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
"(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—
Statutory Notes and Related Subsidiaries
Effective Date of 2006 Amendment
Effective Date of 1976 Amendment
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
Treatment of Existing Nonpostal Services
References to Postal Rate Commission
§404a. Specific limitations
(a) Except as specifically authorized by law, the Postal Service may not—
(1) establish any rule or regulation (including any standard) the effect of which is to preclude competition or establish the terms of competition unless the Postal Service demonstrates that the regulation does not create an unfair competitive advantage for itself or any entity funded (in whole or in part) by the Postal Service;
(2) compel the disclosure, transfer, or licensing of intellectual property to any third party (such as patents, copyrights, trademarks, trade secrets, and proprietary information); or
(3) obtain information from a person that provides (or seeks to provide) any product, and then offer any postal service that uses or is based in whole or in part on such information, without the consent of the person providing that information, unless substantially the same information is obtained (or obtainable) from an independent source or is otherwise obtained (or obtainable).
(b) The Postal Regulatory Commission shall prescribe regulations to carry out this section.
(c) Any party (including an officer of the Commission representing the interests of the general public) who believes that the Postal Service has violated this section may bring a complaint in accordance with section 3662.
(Added
§405. Printing of illustrations of United States postage stamps
(a) When requested by the Postal Service, the Director of the Government Publishing Office shall print, as a public document for sale by the Superintendent of Documents, illustrations in black and white or in color of postage stamps of the United States, together with such descriptive, historical, and philatelic information with regard to the stamps as the Postal Service deems suitable.
(b) Notwithstanding the provisions of
(
Statutory Notes and Related Subsidiaries
Change of Name
"Director of the Government Publishing Office" substituted for "Public Printer" in subsec. (a) on authority of section 1301(d) of
Effective Date
Section effective July 1, 1971, pursuant to Resolution No. 71–9 of the Board of Governors. See section 15(a) of
§406. Postal services at Armed Forces installations
(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
Amendments
2023—Subsec. (c)(1).
2019—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
§407. International postal arrangements
(a) It is the policy of the United States—
(1) to promote and encourage communications between peoples by efficient operation of international postal services and other international delivery services for cultural, social, and economic purposes;
(2) to promote and encourage unrestricted and undistorted competition in the provision of international postal services and other international delivery services, except where provision of such services by private companies may be prohibited by law of the United States;
(3) to promote and encourage a clear distinction between governmental and operational responsibilities with respect to the provision of international postal services and other international delivery services by the Government of the United States and by intergovernmental organizations of which the United States is a member; and
(4) to participate in multilateral and bilateral agreements with other countries to accomplish these objectives.
(b)(1) The Secretary of State shall be responsible for formulation, coordination, and oversight of foreign policy related to international postal services and other international delivery services and shall have the power to conclude postal treaties, conventions, and amendments related to international postal services and other international delivery services, except that the Secretary may not conclude any treaty, convention, or other international agreement (including those regulating international postal services) if such treaty, convention, or agreement would, with respect to any competitive product, grant an undue or unreasonable preference to the Postal Service, a private provider of international postal or delivery services, or any other person.
(2) In carrying out the responsibilities specified in paragraph (1), the Secretary of State shall exercise primary authority for the conduct of foreign policy with respect to international postal services and international delivery services, including the determination of United States positions and the conduct of United States participation in negotiations with foreign governments and international bodies. In exercising this authority, the Secretary—
(A) shall coordinate with other agencies as appropriate, and in particular, shall give full consideration to the authority vested by law or Executive order in the Postal Regulatory Commission, the Department of Commerce, the Department of Transportation, and the Office of the United States Trade Representative in this area;
(B) shall maintain continuing liaison with other executive branch agencies concerned with postal and delivery services;
(C) shall maintain continuing liaison with the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Government Reform of the House of Representatives;
(D) shall maintain appropriate liaison with both representatives of the Postal Service and representatives of users and private providers of international postal services and other international delivery services to keep informed of their interests and problems, and to provide such assistance as may be needed to ensure that matters of concern are promptly considered by the Department of State or (if applicable, and to the extent practicable) other executive branch agencies; and
(E) shall assist in arranging meetings of such public sector advisory groups as may be established to advise the Department of State and other executive branch agencies in connection with international postal services and international delivery services.
(3) The Secretary of State shall establish an advisory committee (within the meaning of
(c)(1) Before concluding any treaty, convention, or amendment that establishes a rate or classification for a product subject to subchapter I of
(2) The Secretary shall ensure that each treaty, convention, or amendment concluded under subsection (b) is consistent with the views submitted by the Commission pursuant to paragraph (1), except if, or to the extent, the Secretary determines, in writing, that it is not in the foreign policy or national security interest of the United States to ensure consistency with the Commission's views. Such written determination shall be provided to the Commission together with a full explanation of the reasons thereof, provided that the Secretary may designate which portions of the determination or explanation shall be kept confidential for reasons of foreign policy or national security.
(d) Nothing in this section shall be considered to prevent the Postal Service from entering into such commercial or operational contracts related to providing international postal services and other international delivery services as it deems appropriate, except that—
(1) any such contract made with an agency of a foreign government (whether under authority of this subsection or otherwise) shall be solely contractual in nature and may not purport to be international law; and
(2) a copy of each such contract between the Postal Service and an agency of a foreign government shall be transmitted to the Secretary of State and the Postal Regulatory Commission not later than the effective date of such contract.
(e)(1) In this subsection, the term "private company" means a private company substantially owned or controlled by persons who are citizens of the United States.
(2) With respect to shipments of international mail that are competitive products within the meaning of section 3631 that are exported or imported by the Postal Service, the Customs Service and other appropriate Federal agencies shall apply the customs laws of the United States and all other laws relating to the importation or exportation of such shipments in the same manner to both shipments by the Postal Service and similar shipments by private companies.
(3) In exercising the authority under subsection (b) to conclude new postal treaties and conventions related to international postal services and to renegotiate such treaties and conventions, the Secretary of State shall, to the maximum extent practicable, take such measures as are within the Secretary's control to encourage the governments of other countries to make available to the Postal Service and private companies a range of nondiscriminatory customs procedures that will fully meet the needs of all types of American shippers. The Secretary of State shall consult with the United States Trade Representative and the Commissioner of U.S. Customs and Border Protection in carrying out this paragraph.
(4) The provisions of this subsection shall take effect 6 months after the date of enactment of this subsection or such earlier date as the Bureau of Customs and Border Protection of the Department of Homeland Security may determine in writing.
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Editorial Notes
References in Text
The date of enactment of this subsection, referred to in subsec. (e)(4), is the date of enactment of
Amendments
2022—Subsec. (b)(3).
2006—
1998—
"(a) The Postal Service, with the consent of the President, may negotiate and conclude postal treaties or conventions, and may establish the rates of postage or other charges on mail matter conveyed between the United States and other countries. The decisions of the Postal Service construing or interpreting the provisions of any treaty or convention which has been or may be negotiated and concluded shall, if approved by the President, be conclusive upon all officers of the Government of the United States.
"(b) The Postal Service shall transmit a copy of each postal convention concluded with other governments to the Secretary of State, who shall furnish a copy of the same to the Public Printer for publication."
Statutory Notes and Related Subsidiaries
Change of Name
"Commissioner of U.S. Customs and Border Protection" substituted for "Commissioner of Customs" in subsec. (e)(3) on authority of section 802(d)(2) of
Committee on Government Reform of House of Representatives changed to Committee on Oversight and Government Reform of House of Representatives by House Resolution No. 6, One Hundred Tenth Congress, Jan. 5, 2007. Committee on Oversight and Government Reform of House of Representatives changed to Committee on Oversight and Reform of House of Representatives by House Resolution No. 6, One Hundred Sixteenth Congress, Jan. 9, 2019. Committee on Oversight and Reform of House of Representatives changed to Committee on Oversight and Accountability of House of Representatives by House Resolution No. 5, One Hundred Eighteenth Congress, Jan. 9, 2023.
Effective Date of 2006 Amendment
"(1) with respect to market-dominant products, the date as of which the regulations promulgated under
"(2) with respect to competitive products, the date as of which the regulations promulgated under
Effective Date
Section effective July 1, 1971, pursuant to Resolution No. 71–9 of the Board of Governors. See section 15(a) of
Transfer of Funds to State Department
Executive Documents
Modernizing the Monetary Reimbursement Model for the Delivery of Goods Through the International Postal System and Enhancing the Security and Safety of International Mail
Memorandum of President of the United States, Aug. 23, 2018, 83 F.R. 47791, provided:
Memorandum for the Secretary of State[,] the Secretary of the Treasury[,] the Secretary of Homeland Security[,] the Postmaster General[, and] the Chairman of the Postal Regulatory Commission
By the authority vested in me as President by the Constitution and the laws of the United States of America, it is hereby ordered as follows:
(b) "Non-postal operator" means a private express carrier, freight forwarder, or other provider of services for the collection, transportation, and delivery of international documents and packages, other than a postal operator.
(c) "Postal operator" means a governmental or non-governmental entity officially designated by a Universal Postal Union (UPU) member country to operate postal services and to fulfill the related obligations arising out of the Acts of the UPU on its territory.
(d) "Terminal dues" means the rates or fees determined through the UPU and paid by the postal operator in the country of origin to the postal operator in the country of destination to compensate for costs incurred in the country of destination for processing, transportation, and delivery of international "letter post" items, which may include documents or goods and generally weigh up to 4.4 pounds.
The Congress has provided that the Secretary of State (Secretary), in concluding postal treaties, conventions, or other international agreements, shall, to the maximum extent practicable, take measures to encourage governments of other countries to make available to the United States Postal Service (USPS) and private companies a range of nondiscriminatory customs procedures that will fully meet the needs of all types of American shippers (
The Congress has likewise directed that responsible officials shall apply the customs laws of the United States and all other laws relating to importation or exportation of goods in the same manner to shipments of goods that are competitive products of the USPS and to similar shipments by private companies (
It is the policy of the United States to promote and encourage the development of an efficient and competitive global system that provides for fair and nondiscriminatory postal rates.
(b) It is in the interest of the United States to:
(i) promote and encourage communications between peoples by efficient operation of international postal services and other international delivery services for cultural, social, and economic purposes (
(ii) promote and encourage unrestricted and undistorted competition in the provision of international postal services and other international delivery services, except where provision of such services by private companies may be prohibited by the laws of the United States (
(iii) promote and encourage a clear distinction between governmental and operational responsibilities with respect to the provision of international postal services and other international delivery services by the Government of the United States and by intergovernmental organizations of which the United States is a member (
(iv) participate in multilateral and bilateral agreements with other countries to accomplish these objectives (
(c) Some current international postal practices in the UPU do not align with United States economic and national security interests:
(i) UPU terminal dues, in many cases, are less than comparable domestic postage rates. As a result:
(A) the United States, along with other member countries of the UPU, is in many cases not fully reimbursed by the foreign postal operator for the cost of delivering foreign-origin letter post items, which can result in substantial preferences for foreign mailers relative to domestic mailers;
(B) the current terminal dues rates undermine the goal of unrestricted and undistorted competition in cross-border delivery services because they disadvantage non-postal operators seeking to offer competing collection and outward transportation services for goods covered by terminal dues in foreign markets; and
(C) the current system of terminal dues distorts the flow of small packages around the world by incentivizing the shipping of goods from foreign countries that benefit from artificially low reimbursement rates.
(ii) The UPU has not done enough to reorient international mail to achieve a clear distinction between documents and goods. Without such a distinction, it is difficult to achieve essential pricing reforms or to ensure that customs requirements, including provision of electronic customs data for goods, are met. Under the current system, foreign postal operators do not uniformly furnish advance electronic customs data that are needed to enhance targeting and risk management for national security and to facilitate importation and customs clearance. My Administration's Initiative to Stop Opioids Abuse and Reduce Drug Supply and Demand, launched in March of this year [2018], requires accurate advance electronic customs data for 90 percent of all international mail shipments that contain goods and consignment shipments within 3 years, so that the Department of Homeland Security can better detect and flag high-risk shipments.
(d) It shall be the policy of the executive branch to support efforts that further the policies in this memorandum, including supporting a system of unrestricted and undistorted competition between United States and foreign merchants. Such efforts include:
(i) ensuring that rates charged for delivery of foreign-origin mail containing goods do not favor foreign mailers over domestic mailers;
(ii) setting rates charged for delivery of foreign-origin mail in a manner that does not favor postal operators over non-postal operators; and
(iii) ensuring the collection of advance electronic customs data.
(i) a system of fair and nondiscriminatory rates for goods that promotes unrestricted and undistorted competition; and
(ii) terminal dues rates that:
(A) fully reimburse the USPS for costs to the same extent as domestic rates for comparable services;
(B) avoid a preference for inbound foreign small packages containing goods that favors foreign mailers over domestic mailers; and
(C) avoid a preference for inbound foreign small packages containing goods that favors postal operators over private-sector entities providing transportation services.
(b) If negotiations at the UPU's September 2018 Second Extraordinary Congress in Ethiopia fail to yield reforms that satisfy the criteria set forth in subsection (a) of this section, the United States will consider taking any appropriate actions to ensure that rates for the delivery of inbound foreign packages satisfy those criteria, consistent with applicable law.
(b) The Secretary or his designee shall, consistent with
(c) No later than November 1, 2018, the Secretary shall submit to the President a report summarizing the steps being taken to implement this memorandum. If the Secretary determines that sufficient progress on reforms to promote compatibility of the Acts of the UPU with the policy of this memorandum is not being achieved, the Secretary shall include recommendations for future action, including the possibility of adopting self-declared rates.
(i) the authority granted by law to an executive department or agency, or the head thereof; or
(ii) the functions of the Director of the Office of Management and Budget relating to budgetary, administrative, or legislative proposals.
(b) This memorandum shall be implemented consistent with applicable law and subject to the availability of appropriations.
(c) This memorandum is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person.
(d) The Secretary is authorized and directed to publish this memorandum in the Federal Register.
Donald J. Trump.
§408. International money-order exchanges
The Postal Service may make arrangements with other governments, with which postal conventions are or may be concluded, for the exchange of sums of money by means of postal orders. It shall fix limitations on the amount which may be so exchanged and the rates of exchange.
(
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
§409. Suits by and against the Postal Service
(a) Except as otherwise provided in this title, the United States district courts shall have original but not exclusive jurisdiction over all actions brought by or against the Postal Service. Any action brought in a State court to which the Postal Service is a party may be removed to the appropriate United States district court under the provisions of
(b) Unless otherwise provided in this title, the provisions of title 28 relating to service of process, venue, and limitations of time for bringing action in suits in which the United States, its officers, or employees are parties, and the rules of procedure adopted under title 28 for suits in which the United States, its officers, or employees are parties, shall apply in like manner to suits in which the Postal Service, its officers, or employees are parties.
(c) The provisions of
(d)(1) For purposes of the provisions of law cited in paragraphs (2)(A) and (2)(B), respectively, the Postal Service—
(A) shall be considered to be a "person", as used in the provisions of law involved; and
(B) shall not be immune under any other doctrine of sovereign immunity from suit in Federal court by any person for any violation of any of those provisions of law by any officer or employee of the Postal Service.
(2) This subsection applies with respect to—
(A) the Act of July 5, 1946 (commonly referred to as the "Trademark Act of 1946" (
(B) the provisions of section 5 of the Federal Trade Commission Act to the extent that such section 5 applies to unfair or deceptive acts or practices.
(e)(1) To the extent that the Postal Service, or other Federal agency acting on behalf of or in concert with the Postal Service, engages in conduct with respect to any product which is not reserved to the United States under
(A) shall not be immune under any doctrine of sovereign immunity from suit in Federal court by any person for any violation of Federal law by such agency or any officer or employee thereof; and
(B) shall be considered to be a person (as defined in subsection (a) of the first section of the Clayton Act) for purposes of—
(i) the antitrust laws (as defined in such subsection); and
(ii) section 5 of the Federal Trade Commission Act to the extent that such section 5 applies to unfair methods of competition.
For purposes of the preceding sentence, any private carriage of mail allowable by virtue of section 601 shall not be considered a service reserved to the United States under
(2) No damages, interest on damages, costs or attorney's fees may be recovered, and no criminal liability may be imposed, under the antitrust laws (as so defined) from any officer or employee of the Postal Service, or other Federal agency acting on behalf of or in concert with the Postal Service, acting in an official capacity.
(3) This subsection shall not apply with respect to conduct occurring before the date of enactment of this subsection.
(f)(1) Each building constructed or altered by the Postal Service shall be constructed or altered, to the maximum extent feasible as determined by the Postal Service, in compliance with 1 of the nationally recognized model building codes and with other applicable nationally recognized codes.
(2) Each building constructed or altered by the Postal Service shall be constructed or altered only after consideration of all requirements (other than procedural requirements) of zoning laws, land use laws, and applicable environmental laws of a State or subdivision of a State which would apply to the building if it were not a building constructed or altered by an establishment of the Government of the United States.
(3) For purposes of meeting the requirements of paragraphs (1) and (2) with respect to a building, the Postal Service shall—
(A) in preparing plans for the building, consult with appropriate officials of the State or political subdivision, or both, in which the building will be located;
(B) upon request, submit such plans in a timely manner to such officials for review by such officials for a reasonable period of time not exceeding 30 days; and
(C) permit inspection by such officials during construction or alteration of the building, in accordance with the customary schedule of inspections for construction or alteration of buildings in the locality, if such officials provide to the Postal Service—
(i) a copy of such schedule before construction of the building is begun; and
(ii) reasonable notice of their intention to conduct any inspection before conducting such inspection.
Nothing in this subsection shall impose an obligation on any State or political subdivision to take any action under the preceding sentence, nor shall anything in this subsection require the Postal Service or any of its contractors to pay for any action taken by a State or political subdivision to carry out this subsection (including reviewing plans, carrying out on-site inspections, issuing building permits, and making recommendations).
(4) Appropriate officials of a State or a political subdivision of a State may make recommendations to the Postal Service concerning measures necessary to meet the requirements of paragraphs (1) and (2). Such officials may also make recommendations to the Postal Service concerning measures which should be taken in the construction or alteration of the building to take into account local conditions. The Postal Service shall give due consideration to any such recommendations.
(5) In addition to consulting with local and State officials under paragraph (3), the Postal Service shall establish procedures for soliciting, assessing, and incorporating local community input on real property and land use decisions.
(6) For purposes of this subsection, the term "State" includes the District of Columbia, the Commonwealth of Puerto Rico, and a territory or possession of the United States.
(g)(1) Notwithstanding any other provision of law, legal representation may not be furnished by the Department of Justice to the Postal Service in any action, suit, or proceeding arising, in whole or in part, under any of the following:
(A) Subsection (d) or (e) of this section.
(B) Subsection (f) or (g) of section 504 (relating to administrative subpoenas by the Postal Regulatory Commission).
(C) Section 3663 (relating to appellate review).
The Postal Service may, by contract or otherwise, employ attorneys to obtain any legal representation that it is precluded from obtaining from the Department of Justice under this paragraph.
(2) In any circumstance not covered by paragraph (1), the Department of Justice shall, under section 411, furnish the Postal Service such legal representation as it may require, except that, with the prior consent of the Attorney General, the Postal Service may, in any such circumstance, employ attorneys by contract or otherwise to conduct litigation brought by or against the Postal Service or its officers or employees in matters affecting the Postal Service.
(3)(A) In any action, suit, or proceeding in a court of the United States arising in whole or in part under any of the provisions of law referred to in subparagraph (B) or (C) of paragraph (1), and to which the Commission is not otherwise a party, the Commission shall be permitted to appear as a party on its own motion and as of right.
(B) The Department of Justice shall, under such terms and conditions as the Commission and the Attorney General shall consider appropriate, furnish the Commission such legal representation as it may require in connection with any such action, suit, or proceeding, except that, with the prior consent of the Attorney General, the Commission may employ attorneys by contract or otherwise for that purpose.
(h) A judgment against the Government of the United States arising out of activities of the Postal Service shall be paid by the Postal Service out of any funds available to the Postal Service, subject to the restriction specified in section 2011(g).
(
| Revised section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 409(e) | 31:724a (last sentence). | July 27, 1956, ch. 748, |
The words "Notwithstanding the other provisions of this section" are omitted as unnecessary.
Editorial Notes
References in Text
The Act of July 5, 1946, referred to in subsec. (d)(2)(A), is act July 5, 1946, ch. 540,
Section 5 of the Federal Trade Commission Act, referred to in subsecs. (d)(2)(B) and (e)(1)(B)(ii), is classified to
The first section of the Clayton Act, referred to in subsec. (e)(1)(B), is classified to
The date of enactment of this subsection, referred to in subsec. (e)(3), is the date of enactment of
Amendments
2006—Subsec. (a).
Subsecs. (d) to (h).
"(d) The Department of Justice shall furnish, under
"(e) A judgment against the Government of the United States arising out of activities of the Postal Service shall be paid by the Postal Service out of any funds available to the Postal Service."
1982—Subsec. (e).
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
§410. Application of other laws
(a) Except as provided by subsection (b) of this section, and except as otherwise provided in this title or insofar as such laws remain in force as rules or regulations of the Postal Service, no Federal law dealing with public or Federal contracts, property, works, officers, employees, budgets, or funds, including the provisions of chapters 5 and 7 of title 5, shall apply to the exercise of the powers of the Postal Service.
(b) The following provisions shall apply to the Postal Service:
(1) section 552 (public information), section 552a (records about individuals), section 552b (open meetings), section 3102 (employment of personal assistants for blind, deaf, or otherwise handicapped employees), section 3110 (restrictions on employment of relatives), section 3333 and chapters 72 (antidiscrimination; right to petition Congress) and 73 (suitability, security, and conduct of employees), section 5520 (withholding city income or employment taxes), and section 5532 1 (dual pay) of title 5, except that no regulation issued under such chapters or section shall apply to the Postal Service unless expressly made applicable;
(2) all provisions of title 18 dealing with the Postal Service, the mails, and officers or employees of the Government of the United States;
(3)
(4) the following provisions of title 40:
(A) sections 3114–3116, 3118, 3131, 3133, and 3141–3147; and
(B) chapters 37 and 173;
(5) chapters 65 and 67 of title 41;
(6) sections 2000d, 2000d–1—2000d–4 of title 42 (title VI, the Civil Rights Act of 1964);
(7) section 19 of the Occupational Safety and Health Act of 1970 (
(8) the provisions of the Act of August 12, 1968 (
(9)
(10)
(11)
(c) Subsection (b)(1) of this section shall not require the disclosure of—
(1) the name or address, past or present, of any postal patron;
(2) information of a commercial nature, including trade secrets, whether or not obtained from a person outside the Postal Service, which under good business practice would not be publicly disclosed;
(3) information prepared for use in connection with the negotiation of collective-bargaining agreements under
(4) information prepared for use in connection with proceedings under
(5) the reports and memoranda of consultants or independent contractors except to the extent that they would be required to be disclosed if prepared within the Postal Service; and
(6) investigatory files, whether or not considered closed, compiled for law enforcement purposes except to the extent available by law to a party other than the Postal Service.
(d)(1) A lease agreement by the Postal Service for rent of net interior space in excess of 6,500 square feet in any building or facility, or part of a building or facility, to be occupied for purposes of the Postal Service shall include a provision that all laborers and mechanics employed in the construction, modification, alteration, repair, painting, decoration, or other improvement of the building or space covered by the agreement, or improvement at the site of such building or facility, shall be paid wages at not less than those prevailing for similar work in the locality as determined by the Secretary of Labor under
(2) The authority and functions of the Secretary of Labor with respect to labor standards enforcement under Reorganization Plan numbered 14 of 1950 (title 5, appendix), and regulations for contractors and subcontractors under
(3) Paragraph (2) of this subsection shall not be construed to give the Secretary of Labor authority to direct the cancellation of the lease agreement referred to in paragraph (1) of this subsection.
(
Editorial Notes
References in Text
The Civil Rights Act of 1964, referred to in subsec. (b)(6), is
Section 19 of the Occupational Safety and Health Act of 1970 (
The provisions of the Act of August 12, 1968 (
Reorganization Plan numbered 14 of 1950 (title 5, appendix), referred to in subsec. (d)(2), is Reorg. Plan No. 14 of 1950, eff. May 24, 1950, 15 F.R. 3176,
Amendments
2022—Subsec. (b)(10).
2011—Subsec. (b)(5).
"(A) sections 35–45 (known as the Walsh-Healey Act, relating to wages and hours); and
"(B)
2003—Subsec. (d)(1).
Subsec. (d)(2).
2002—Subsec. (b)(4).
"(A) sections 258a–258e (relating to condemnation proceedings);
"(B) sections 270a–270e (known as the Miller Act, relating to performance bonds);
"(C) sections 276a—276a–7 (known as the Davis-Bacon Act, relating to prevailing wages);
"(D) section 276c (relating to wage payments of certain contractors);
"(E)
"(F)
1996—Subsec. (b)(9).
Subsec. (b)(10).
1993—Subsec. (b)(8).
Subsec. (b)(9).
Subsec. (b)(10).
Subsec. (b)(11).
1988—Subsec. (b)(6) to (8).
Subsec. (b)(9).
1980—Subsec. (b)(1).
1978—Subsec. (b)(1).
1976—Subsec. (b)(1).
Subsec. (b)(8).
1975—Subsec. (b)(7).
1974—Subsec. (b)(1).
1971—Subsec. (b)(1).
Statutory Notes and Related Subsidiaries
Effective Date of 2003 Amendment
Amendment by
Effective Date of 1993 Amendments; Savings Provision
Amendment by
Amendment by
Effective Date of 1988 Amendments
Amendment by
Amendment by
Effective Date of 1980 Amendment
Amendment by
Effective Date of 1978 Amendment
Amendment by
Effective Date of 1976 Amendment
Amendment by
Effective Date of 1974 Amendment
Amendment by
Effective Date of 1971 Amendment
Effective Date
Subsecs. (a), (b)(2) to (6), and (c)(1) to (3), (5), (6) of this section effective Apr. 13, 1971, pursuant to Resolution No. 71–14 of the Board of Governors, subsecs. (b)(1), relating to
Applicability of Hatch Act Reform Amendments of 1993 to Postal Employees
1 See References in Text note below.
§411. Cooperation with other Government agencies
Executive agencies within the meaning of
(
Editorial Notes
Amendments
2022—
Statutory Notes and Related Subsidiaries
Change of Name
"Government Publishing Office" substituted for "Government Printing Office" in text on authority of section 1301(b) of
Effective Date
Section effective July 1, 1971, pursuant to Resolution No. 71–9 of the Board of Governors. See section 15(a) of
§412. Nondisclosure of lists of names and addresses
(a) Except as specifically provided by subsection (b) or other law, no officer or employee of the Postal Service shall make available to the public by any means or for any purpose any mailing or other list of names or addresses (past or present) of postal patrons or other persons.
(b) The Postal Service shall provide to the Secretary of Commerce for use by the Bureau of the Census such address information, address-related information, and point of postal delivery information, including postal delivery codes, as may be determined by the Secretary to be appropriate for any census or survey being conducted by the Bureau of the Census. The provision of such information under this subsection shall be in accordance with such mutually agreeable terms and conditions, including reimbursability, as the Postal Service and the Secretary of Commerce shall deem appropriate.
(
Editorial Notes
Amendments
1994—
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
§413. Postal services at diplomatic posts
(a) The Postal Service and the Department of State may enter into 1 or more agreements for field testing to ascertain the feasibility of providing postal services through personnel provided by the Department of State at branch post offices established by the Postal Service in United States diplomatic missions at locations abroad for which branch post offices are not established under section 406.
(b) To the extent that the Postal Service and the Department of State conclude it to be feasible and in the public interest, the Postal Service may establish branch post offices at United States diplomatic missions in locations abroad for which branch post offices are not established under section 406, and the Department of State may enter into an agreement with the Postal Service to perform postal services at such branch post offices through personnel designated by the Department of State.
(c) The Department of State shall reimburse the Postal Service for any amounts, determined by the Postal Service, equal to the additional costs incurred by the Postal Service, including transportation costs, incurred by the Postal Service in the performance of its obligations under any agreement entered into under this section.
(d) Each agreement entered into under this section shall include—
(1) provisions under which the Department of State shall make any reimbursements required under subsection (c);
(2) provisions authorizing the Postal Service to terminate the agreement, and the services provided thereunder, in the event that the Department of State does not comply with the provisions under paragraph (1); and
(3) any other provisions which may be necessary, including provisions relating to the closing of a post office under this section if necessary because a post office under section 406 is established in the same location.
(Added
§414. Special postage stamps
(a) In order to afford the public a convenient way to contribute to funding for breast cancer research, the Postal Service shall establish a special rate of postage for first-class mail under this section.
(b) The rate of postage established under this section—
(1) shall be equal to the regular first-class rate of postage, plus a differential of not less than 15 percent;
(2) shall be set by the Governors in accordance with such procedures as the Governors shall by regulation prescribe (in lieu of the procedures under
(3) shall be offered as an alternative to the regular first-class rate of postage.
The use of the special rate of postage established under this section shall be voluntary on the part of postal patrons. The special rate of postage of an individual stamp under this section shall be an amount that is evenly divisible by 5.
(c)(1) Of the amounts becoming available for breast cancer research pursuant to this section, the Postal Service shall pay—
(A) 70 percent to the National Institutes of Health; and
(B) the remainder to the Department of Defense.
Payments under this paragraph to an agency shall be made under such arrangements as the Postal Service shall by mutual agreement with such agency establish in order to carry out the purposes of this section, except that, under those arrangements, payments to such agency shall be made at least twice a year. An agency that receives amounts from the Postal Service under this paragraph shall use the amounts for breast cancer research.
(2) For purposes of this section, the term "amounts becoming available for breast cancer research pursuant to this section" means—
(A) the total amounts received by the Postal Service that it would not have received but for the enactment of this section, reduced by
(B) an amount sufficient to cover reasonable costs incurred by the Postal Service in carrying out this section, including those attributable to the printing, sale, and distribution of stamps under this section,
as determined by the Postal Service under regulations that it shall prescribe.
(d) It is the sense of the Congress that nothing in this section should—
(1) directly or indirectly cause a net decrease in total funds received by the National Institutes of Health, the Department of Defense, or any other agency of the Government (or any component or program thereof) below the level that would otherwise have been received but for the enactment of this section; or
(2) affect regular first-class rates of postage or any other regular rates of postage.
(e) Special postage stamps under this section shall be made available to the public beginning on such date as the Postal Service shall by regulation prescribe, but in no event later than 12 months after the date of the enactment of this section.
(f) The Postmaster General shall include in each report rendered under section 2402 with respect to any period during any portion of which this section is in effect information concerning the operation of this section, except that, at a minimum, each shall include—
(1) the total amount described in subsection (c)(2)(A) which was received by the Postal Service during the period covered by such report; and
(2) of the amount under paragraph (1), how much (in the aggregate and by category) was required for the purposes described in subsection (c)(2)(B).
(g) For purposes of section 416 (including any regulation prescribed under subsection (e)(1)(C) of that section), the special postage stamp issued under this section shall not apply to any limitation relating to whether more than 1 semipostal may be offered for sale at the same time.
(h) This section shall cease to be effective after December 31, 2027.
(Added
Editorial Notes
References in Text
The date of the enactment of this section, referred to in subsec. (e), is the date of enactment of
Amendments
2019—Subsec. (h).
2015—Subsec. (c)(1).
Subsec. (h).
2011—Subsec. (h).
2007—Subsec. (h).
2005—Subsec. (h).
2004—Subsec. (h).
2001—Subsec. (b).
Subsec. (g), (h).
2000—Subsec. (g).
Statutory Notes and Related Subsidiaries
Effective Date of 2001 Amendment
"(A) the date of enactment of this Act [Nov. 12, 2001]; or
"(B) July 29, 2002."
Reporting Requirements
Report by Comptroller General of United States
"(1) an evaluation of the effectiveness and the appropriateness of the authority provided by such section as a means of fund-raising; and
"(2) a description of the monetary and other resources required of the Postal Service in carrying out such section."
§415. Prohibition on restriction or elimination of services
The Postal Service may not restrict, eliminate, or adversely affect any service provided by the Postal Service as a result of the payment of any penalty imposed under the Occupational Safety and Health Act of 1970 (
(Added
Editorial Notes
References in Text
The Occupational Safety and Health Act of 1970, referred to in text, is
§416. Authority to issue semipostals
(a)
(1) the term "semipostal" means a postage stamp which is issued and sold by the Postal Service, at a premium, in order to help provide funding for a cause described in subsection (b); and
(2) the term "agency" means an Executive agency within the meaning of
(b)
(c)
(1) the rate established for a semipostal under this section shall be equal to the rate of postage that would otherwise regularly apply, plus a differential of not less than 15 percent; and
(2) no regular rates of postage or fees for postal services under
The use of any semipostal issued under this section shall be voluntary on the part of postal patrons. The special rate of postage of an individual stamp under this section shall be an amount that is evenly divisible by 5.
(d)
(1)
(2)
(3)
(A)
(B)
(4)
(5)
(e)
(1)
(A) which office or other authority within the Postal Service shall be responsible for making the decisions described in subsection (d)(2);
(B) what criteria and procedures shall be applied in making those decisions; and
(C) what limitations shall apply, if any, relating to the issuance of semipostals (such as whether more than one semipostal may be offered for sale at the same time).
(2)
(f)
(1)
(2)
(A) the commencement and termination dates for the sale of such semipostal;
(B) the total amount that became available from the sale of such semipostal; and
(C) of that total amount, how much was applied toward administrative costs.
For each year before the year in which a semipostal ceases to be offered, any report under this subsection shall include, with respect to that semipostal (for the year covered by such report), the information described in subparagraphs (B) and (C).
(g)
(Added
Editorial Notes
Amendments
2002—Subsec. (c).
2001—Subsec. (c).
Statutory Notes and Related Subsidiaries
Effective Date
Multinational Species Conservation Funds Semipostal Stamp
"SECTION 1. SHORT TITLE.
"This Act may be cited as the 'Multinational Species Conservation Funds Semipostal Stamp Act of 2010'.
"SEC. 2. MULTINATIONAL SPECIES CONSERVATION FUNDS SEMIPOSTAL STAMP.
"(a)
"(b)
"(1)
"(2)
"(3)
"(c)
"(1)
"(A)
"(B)
"(i) the United States Fish and Wildlife Service; or
"(ii) any of the funds identified in subparagraph (A).
"(2)
"(3)
"(4)
"(5)
"(A)
"(B)
"(d)
[
The 9/11 Heroes Stamp
"(a)
"(b)
"(c)
"(1)
"(2)
"(3)
"(A) beginning on the earliest date practicable; and
"(B) for such period of time as the Postal Service considers necessary and appropriate, but in no event after December 31, 2004.
"(d)
"(e)
"(f)
"(1) the term 'emergency relief personnel' means firefighters, law enforcement officers, paramedics, emergency medical technicians, members of the clergy, and other individuals (including employees of legally organized and recognized volunteer organizations, whether compensated or not) who, in the course of professional duties, respond to fire, medical, hazardous material, or other similar emergencies; and
"(2) the term 'semipostal' has the meaning given such term by
[For transfer of all functions, personnel, assets, components, authorities, grant programs, and liabilities of the Federal Emergency Management Agency, including the functions of the Under Secretary for Federal Emergency Management relating thereto, to the Federal Emergency Management Agency, see
[For transfer of functions, personnel, assets, and liabilities of the Federal Emergency Management Agency, including the functions of the Director of the Federal Emergency Management Agency relating thereto, to the Secretary of Homeland Security, and for treatment of related references, see former section 313(1) and
Domestic Violence Semipostal Stamp
"(a)
"(b)
"(c)
"(1)
"(2)
"(A) beginning on the earliest date practicable, but not later than January 1, 2004; and
"(B) for such period of time as the Postal Service considers necessary and appropriate, but in no event after December 31, 2006.
"(d)
"(e)
Reports by Agencies
"(1) the total amount of funding received by such agency under such section 416 during the year;
"(2) an accounting of how any funds received by such agency under such section 416 were allocated or otherwise used by such agency in such year; and
"(3) a description of any significant advances or accomplishments in such year that were funded, in whole or in part, out of amounts received by such agency under such section 416."