---
kind: "section"
citation: "39 U.S.C. § 5401"
title: "39"
title_heading: "Postal Service"
number: "5401"
heading: "Authorization"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/39/5401"
units:
  - "Part V — Transportation of Mail"
  - "Chapter 54 — Transportation of Mail by Air"
---

# §5401. Authorization

- (a) The [Postal Service](/usc/39/102.md?p=1) is authorized to provide for the safe and expeditious transportation of mail by aircraft.
- (b) Except as otherwise provided in [section 5402 of this title](/usc/39/5402.md), the [Postal Service](/usc/39/102.md?p=1) may make such rules, regulations, and orders consistent with part A of subtitle VII of [title 49](/usc/49.md), or any order, rule, or regulation made by the Secretary of Transportation thereunder, as may be necessary for such transportation.

## Source credit

(Pub. L. 91–375, Aug. 12, 1970, 84 Stat. 772; Pub. L. 98–443, § 9(g)(3), Oct. 4, 1984, 98 Stat. 1707; Pub. L. 103–272, § 5(k)(3), July 5, 1994, 108 Stat. 1375.)

## Notes

### Editorial Notes

### Amendments

1994—Subsec. (b). Pub. L. 103–272 substituted “part A of subtitle VII” for “sections 1301–1542”.

1984—Subsec. (b). Pub. L. 98–443 substituted “Secretary of Transportation” for “Civil Aeronautics Board”.

### Statutory Notes and Related Subsidiaries

### Effective Date of 1984 Amendment

Amendment by Pub. L. 98–443 effective Jan. 1, 1985, see section 9(v) of Pub. L. 98–443, set out as a note under section 5314 of Title 5, Government Organization and Employees.

### 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.