39 U.S.C. § 404 : US Code - Section 404: Specific powers

Search 39 U.S.C. § 404 : US Code - Section 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.