US (United States) Code. Title 39. Part IV. Chapter 34: Armed Forces and Free Postage

Codificación normativa de EEUU (Estados Unidos). Legislación federal estadounidense # Postal service

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-CITE-

39 USC CHAPTER 34 - ARMED FORCES AND FREE POSTAGE 01/06/03

-EXPCITE-

TITLE 39 - POSTAL SERVICE

PART IV - MAIL MATTER

CHAPTER 34 - ARMED FORCES AND FREE POSTAGE

-HEAD-

CHAPTER 34 - ARMED FORCES AND FREE POSTAGE

-MISC1-

Sec.

3401. Mailing privileges of members of Armed Forces of the

United States and of friendly foreign nations.

[3402. Repealed.]

3403. Matter for blind and other handicapped persons.

3404. Unsealed letters sent by blind or physically

handicapped persons.

3405. Markings.

3406. Balloting materials under the Uniformed and Overseas

Citizens Absentee Voting Act.

AMENDMENTS

1986 - Pub. L. 99-410, title II, Sec. 201(b)(1), Aug. 28, 1986,

100 Stat. 928, added item 3406.

1979 - Pub. L. 96-70, title I, Sec. 1331(e)(3)(B), Sept. 27,

1979, 93 Stat. 482, struck out item 3402 "Mailing privileges of

members of Armed Forces of the United States and of friendly

foreign nations in the Canal Zone".

-SECREF-

CHAPTER REFERRED TO IN OTHER SECTIONS

This chapter is referred to in section 3684 of this title.

-End-

-CITE-

39 USC Sec. 3401 01/06/03

-EXPCITE-

TITLE 39 - POSTAL SERVICE

PART IV - MAIL MATTER

CHAPTER 34 - ARMED FORCES AND FREE POSTAGE

-HEAD-

Sec. 3401. Mailing privileges of members of Armed Forces of the

United States and of friendly foreign nations

-STATUTE-

(a) Letter mail or sound- or video-recorded communications having

the character of personal correspondence shall be carried, at no

cost to the sender, in the manner provided by this section, when

mailed by -

(1) an individual who is a member of the Armed Forces of the

United States on active duty, as defined in section 101 of title

10, or a civilian, otherwise authorized to use postal services at

Armed Forces installations, who holds a position or performs one

or more functions in support of military operations, as

designated by the military theater commander, and addressed to a

place within the delivery limits of a United States post office,

if -

(A) such letter mail or (!1) sound- or video-recorded

communication is mailed by such individual at an Armed Forces

post office established in an overseas area, as designated by

the President, where the Armed Forces of the United States are

engaged in action against an enemy of the United States,

engaged in military operations involving armed conflict with a

hostile foreign force, engaged in temporary military operations

under arduous circumstances, serving with a friendly foreign

force in an armed conflict in which the United States is not a

belligerent, or temporarily deployed overseas for an

operational contingency in arduous circumstances, as determined

by the Secretary of Defense; or

(B) such individual is hospitalized in a facility under the

jurisdiction of the Armed Forces of the United States as a

result of disease or injury incurred as a result of service in

an overseas area designated by the President under clause (A)

of this paragraph; or

(2) a member of an armed force of a friendly foreign nation at

an Armed Forces post office and addressed to a place within the

delivery limits of a United States post office, or a post office

of the nation in whose armed forces the sender is a member, if -

(A) the member is accorded free mailing privileges by his own

government;

(B) the foreign nation extends similar free mailing

privileges to a member of the Armed Forces of the United States

serving with, or in, a unit under the control of a command of

that foreign nation;

(C) the member is serving with, or in, a unit under the

operational control of a command of the Armed Forces of the

United States;

(D) such letter mail or sound- or video-recorded

communication is mailed by the member -

(i) at an Armed Forces post office established in an

overseas area, as designated by the President, where the

Armed Forces of the United States are engaged in action

against an enemy of the United States, engaged in military

operations involving armed conflict with a hostile foreign

force, or serving with a friendly foreign force in an armed

conflict in which the United States is not a belligerent; or

(ii) while hospitalized in a facility under the

jurisdiction of the Armed Forces of the United States as a

result of disease or injury incurred as a result of services

in an overseas area designated by the President under clause

(D)(i) of this paragraph; and

(E) the nation in whose armed forces the sender is a member

has agreed to assume all international postal transportation

charges incurred.

(b) There shall be transported by air, between Armed Forces post

offices which are located outside the 48 contiguous States of the

United States or between any such Armed Forces post office and the

point of embarkation or debarkation within the United States, the

territories and possessions of the United States in the Pacific

area, the Commonwealth of Puerto Rico, or the Virgin Islands, on a

space available basis, on scheduled United States air carriers at

rates fixed and determined by the Secretary of Transportation in

accordance with section 41901 of title 49, the following categories

of mail matter:

(1)(A) letter mail or sound- or video-recorded communications

having the character of personal correspondence;

(B) parcels not exceeding 15 pounds in weight and 60 inches in

length and girth combined; and

(C) publications entitled to a periodical publication rate

published once each week or more frequently and featuring

principally current news of interest to members of the Armed

Forces and the general public,

which are mailed at or addressed to any such Armed Forces post

office;

(2) parcels not exceeding 70 pounds in weight and the maximum

size allowed by the Postal Service for fourth class parcel post

(known as "Standard Mail (B)"), which are mailed at any such

Armed Forces post office; and

(3) parcels exceeding 15 pounds but not exceeding 70 pounds in

weight and not exceeding the maximum size allowed by the Postal

Service for fourth class parcel post (known as "Standard Mail

(B)"), including surface-type official mail, which are mailed at

or addressed to any such Armed Forces post office where adequate

surface transportation is not available.

Whenever adequate service by scheduled United States air carriers

is not available to provide transportation of mail matter by air in

accordance with this subsection, the transportation of such mail

may be authorized by other than scheduled United States air

carriers.

(c) Any parcel, other than a parcel mailed at a rate of postage

requiring priority of handling and delivery, not exceeding 30

pounds in weight and 60 inches in length and girth combined, which

is mailed at or addressed to any Armed Forces post office

established under section 406(a) of this title, shall be

transported by air on a space available basis on scheduled United

States air carriers at rates fixed and determined by the Secretary

of Transportation in accordance with section 41901 of title 49,

upon payment of a fee for such air transportation in addition to

the rate of postage otherwise applicable to such a parcel not

transported by air. If adequate service by scheduled United States

air carriers is not available, any such parcel may be transported

by air carriers other than scheduled United States air carriers.

(d) The Department of Defense shall transfer to the Postal

Service as postal revenues, out of any appropriations or funds

available to the Department of Defense, as a necessary expense of

the appropriations or funds and of the activities concerned, the

equivalent amount of postage due, as determined by the Postal

Service, for matter sent in the mails under authority of subsection

(a) of this section.

(e) The Department of Defense shall transfer to the Postal

Service as postal revenues, out of any appropriations or funds

available to the Department of Defense, as a necessary expense of

the appropriations or funds and of the activities concerned, sums

equal to the expenses incurred by the Postal Service, as determined

by the Postal Service, in providing air transportation for mail

mailed at or addressed to Armed Forces post offices established

under section 406 of this title, but reimbursement under this

subsection shall not include the expense of air transportation (1)

for which the Postal Service collects a special charge to the

extent the special charge covers the additional expense of air

transportation or (2) that is provided by the Postal Service at the

same postage rate or charge for mail which is neither mailed at nor

addressed to an Armed Forces post office.

(f) This section shall be administered under such conditions, and

under such regulations, as the Postal Service and the Secretary of

Defense jointly may prescribe.

-SOURCE-

(Pub. L. 91-375, Aug. 12, 1970, 84 Stat. 755; Pub. L. 92-469, Oct.

6, 1972, 86 Stat. 782; Pub. L. 96-70, title I, Sec. 1331(e)(2),

Sept. 27, 1979, 93 Stat. 482; Pub. L. 98-443, Sec. 9(g)(1), Oct. 4,

1984, 98 Stat. 1707; Pub. L. 101-384, Sept. 18, 1990, 104 Stat.

737; Pub. L. 101-509, title VI, Sec. 631(a), Nov. 5, 1990, 104

Stat. 1480; Pub. L. 101-510, div. A, title XI, Sec. 1113, Nov. 5,

1990, 104 Stat. 1636; Pub. L. 102-484, div. A, title X, Sec.

1051(b)(3), Oct. 23, 1992, 106 Stat. 2498; Pub. L. 103-160, div. A,

title III, Sec. 364, Nov. 30, 1993, 107 Stat. 1628; Pub. L.

103-272, Sec. 5(k)(1), July 5, 1994, 108 Stat. 1375; Pub. L.

106-398, Sec. 1 [[div. A], title X, Sec. 1088], Oct. 30, 2000, 114

Stat. 1654, 1654A-294.)

-MISC1-

AMENDMENTS

2000 - Subsec. (b)(2), (3). Pub. L. 106-398 substituted "the

maximum size allowed by the Postal Service for fourth class parcel

post (known as 'Standard Mail (B)')" for "100 inches in length and

girth combined".

1994 - Subsecs. (b), (c). Pub. L. 103-272 substituted "section

41901" for "section 1376".

1993 - Subsec. (a)(1). Pub. L. 103-160, in introductory

provisions, inserted "an individual who is" before "a member" and

"or a civilian, otherwise authorized to use postal services at

Armed Forces installations, who holds a position or performs one or

more functions in support of military operations, as designated by

the military theater commander," after "section 101 of title 10,"

and, in subpars. (A) and (B), substituted "such individual" for

"the member".

1992 - Subsec. (a)(1). Pub. L. 102-484 substituted "section 101

of title 10," for "section 101(4) and (22) of title 10," in

introductory provisions.

1990 - Subsec. (a). Pub. L. 101-510 substituted "sound- or

video-recorded" for "sound-recorded" in introductory provisions.

Subsec. (a)(1)(A). Pub. L. 101-510 substituted "sound- or

video-recorded" for "sound-recorded".

Pub. L. 101-509, which directed that ", or temporarily deployed

overseas for an operational contingency in arduous circumstances,

as determined by the Secretary of Defense" be inserted after

"belligerent", and that "or" be struck out the first time it

appears, was executed by making the insertion as directed but by

striking out "or" appearing before "serving with a friendly foreign

force" to reflect the probable intent of Congress.

Pub. L. 101-384 inserted "engaged in temporary military

operations under arduous circumstances," before "or serving".

Subsecs. (a)(2)(D), (b)(1)(A). Pub. L. 101-510 substituted

"sound- or video-recorded" for "sound-recorded".

1984 - Subsecs. (b), (c). Pub. L. 98-443 substituted "Secretary

of Transportation" for "Civil Aeronautics Board".

1979 - Subsec. (b). Pub. L. 96-70 substituted "or the Virgin

Islands," for "the Virgin Islands, or the Canal Zone,".

1972 - Subsec. (b)(1). Pub. L. 92-469, Sec. 1, substituted "15"

for "5" after "pounds" in cl. (B), redesignated subsec. (b)(2) as

(b)(1)(C), and deleted therefrom former cls. reading "(A) in an

overseas area designated by the President under subsection (a) of

this section, or (B) in an isolated, hardship, or combat support

area overseas, or where adequate surface transportation is not

available".

Subsec. (b)(2). Pub. L. 92-469, Sec. 1, added subsec. (b)(2).

Former subsec. (b)(2) redesignated subsec. (b)(1)(C).

Subsec. (b)(3). Pub. L. 92-469, Sec. 1, substituted "15" for "5"

after "pounds".

Subsecs. (c) to (f). Pub. L. 92-469, Sec. 2, added subsec. (c)

and redesignated former subsecs. (c) to (e) as (d) to (f),

respectively.

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 OF 1979 AMENDMENT

Amendment by Pub. L. 96-70 effective Oct. 1, 1979, see section

3304 of Pub. L. 96-70, set out as an Effective Date note under

section 3601 of Title 22, Foreign Relations and Intercourse.

EFFECTIVE DATE

Chapter 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.

OPERATION DESERT SHIELD

Section 631(b) of Pub. L. 101-509 provided that: "This section

[amending this section] shall apply to military personnel

participating in 'Operation Desert Shield'."

-EXEC-

EXECUTIVE ORDER NO. 11255

Ex. Ord. No. 11255, Nov. 1, 1965, 30 F.R. 14135, which designated

Vietnam and certain waters adjacent thereto as an overseas combat

area where the Armed Forces of the United States are engaged in

military operations involving armed conflict with a hostile foreign

force, for purposes of sections 4169 and 4303 of former Title 39,

was revoked by Ex. Ord. No. 12553, Feb. 25, 1986, 51 F.R. 7237.

EX. ORD. NO. 12556. DELEGATION OF FUNCTIONS TO SECRETARY OF DEFENSE

Ex. Ord. No. 12556, Apr. 16, 1986, 51 F.R. 13205, provided:

By the authority vested in me as President by the Constitution

and laws of the United States of America, including section 301 of

title 3 of the United States Code, it is hereby ordered as follows:

Section 1. Delegation of Functions. The function conferred upon

the President by section 3401(a) of title 39 of the United States

Code, of designating an area for free mailing privileges, is

delegated to the Secretary of Defense.

Sec. 2. Interagency Consultation. In performing the function

delegated by this Order, the Secretary of Defense shall consult

with the Secretary of State and the United States Postal Service,

and with the heads of other Executive agencies as appropriate. The

Secretary of Defense shall provide timely notice to the United

States Postal Service of any designations or terminations of

designations made under this Order.

Ronald Reagan.

-FOOTNOTE-

(!1) See 1990 Amendment note below.

-End-

-CITE-

39 USC Sec. 3402 01/06/03

-EXPCITE-

TITLE 39 - POSTAL SERVICE

PART IV - MAIL MATTER

CHAPTER 34 - ARMED FORCES AND FREE POSTAGE

-HEAD-

[Sec. 3402. Repealed. Pub. L. 96-70, title I, Sec. 1331(e)(3)(A),

Sept. 27, 1979, 93 Stat. 482]

-MISC1-

Section, Pub. L. 91-375, Aug. 12, 1970, 84 Stat. 757, related to

mailing privileges of members of Armed Forces of the United States

and of friendly foreign nations in the Canal Zone.

EFFECTIVE DATE OF REPEAL

Repeal effective Oct. 1, 1979, see section 3304 of Pub. L. 96-70,

set out as an Effective Date note under section 3601 of Title 22,

Foreign Relations and Intercourse.

-End-

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39 USC Sec. 3403 01/06/03

-EXPCITE-

TITLE 39 - POSTAL SERVICE

PART IV - MAIL MATTER

CHAPTER 34 - ARMED FORCES AND FREE POSTAGE

-HEAD-

Sec. 3403. Matter for blind and other handicapped persons

-STATUTE-

(a) The matter described in subsection (b) of this section (other

than matter mailed under section 3404 of this title) may be mailed

free of postage, if -

(1) the matter is for the use of the blind or other persons who

cannot use or read conventionally printed material because of a

physical impairment and who are certified by competent authority

as unable to read normal reading material in accordance with the

provisions of sections 135a and 135b of title 2;

(2) no charge, or rental, subscription, or other fee, is

required for such matter or a charge, or rental, subscription, or

other fee is required for such matter not in excess of the cost

thereof;

(3) the matter may be opened by the Postal Service for

inspection; and

(4) the matter contains no advertising.

(b) The free mailing privilege provided by subsection (a) of this

section is extended to -

(1) reading matter and musical scores;

(2) sound reproductions;

(3) paper, records, tapes, and other material for the

production of reading matter, musical scores, or sound

reproductions;

(4) reproducers or parts thereof, for sound reproductions; and

(5) braille writers, typewriters, educational or other

materials or devices, or parts thereof, used for writing by, or

specifically designed or adapted for use of, a blind person or a

person having a physical impairment as described in subsection

(a)(1) of this section.

-SOURCE-

(Pub. L. 91-375, Aug. 12, 1970, 84 Stat. 757.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 2401, 3404, 3405, 3627 of

this title.

-End-

-CITE-

39 USC Sec. 3404 01/06/03

-EXPCITE-

TITLE 39 - POSTAL SERVICE

PART IV - MAIL MATTER

CHAPTER 34 - ARMED FORCES AND FREE POSTAGE

-HEAD-

Sec. 3404. Unsealed letters sent by blind or physically handicapped

persons

-STATUTE-

Unsealed letters sent by a blind person or a person having a

physical impairment, as described in section 3403(a)(1) of this

title, in raised characters or sightsaving type, or in the form of

sound recordings, may be mailed free of postage.

-SOURCE-

(Pub. L. 91-375, Aug. 12, 1970, 84 Stat. 758.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 2401, 3403, 3405, 3627 of

this title.

-End-

-CITE-

39 USC Sec. 3405 01/06/03

-EXPCITE-

TITLE 39 - POSTAL SERVICE

PART IV - MAIL MATTER

CHAPTER 34 - ARMED FORCES AND FREE POSTAGE

-HEAD-

Sec. 3405. Markings

-STATUTE-

All matter relating to blind or other handicapped persons mailed

under section 3403 or 3404 of this title, shall bear the words

"Free Matter for the Blind or Handicapped", or words to that effect

specified by the Postal Service, in the upper right-hand corner of

the address area.

-SOURCE-

(Pub. L. 91-375, Aug. 12, 1970, 84 Stat. 758.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 2401, 3627 of this title.

-End-

-CITE-

39 USC Sec. 3406 01/06/03

-EXPCITE-

TITLE 39 - POSTAL SERVICE

PART IV - MAIL MATTER

CHAPTER 34 - ARMED FORCES AND FREE POSTAGE

-HEAD-

Sec. 3406. Balloting materials under the Uniformed and Overseas

Citizens Absentee Voting Act

-STATUTE-

(a) Balloting materials under the Uniformed and Overseas Citizens

Absentee Voting Act (individually or in bulk) -

(1) shall be carried expeditiously and free of postage; and

(2) may be mailed at a post office established outside the

United States under section 406 of this title, unless such

mailing is prohibited by treaty or other international agreement

of the United States.

(b) As used in this section, the term "balloting materials" has

the meaning given that term in section 107 of the Uniformed and

Overseas Citizens Absentee Voting Act.

-SOURCE-

(Added Pub. L. 99-410, title II, Sec. 201(a), Aug. 28, 1986, 100

Stat. 928.)

-REFTEXT-

REFERENCES IN TEXT

The Uniformed and Overseas Citizens Absentee Voting Act, referred

to in text, is Pub. L. 99-410, Aug. 28, 1986, 100 Stat. 924, as

amended, which is classified principally to subchapter I-G (Sec.

1973ff et seq.) of chapter 20 of Title 42, The Public Health and

Welfare. Section 107 of that Act is classified to section 1973ff-6

of Title 42. For complete classification of this Act to the Code,

see Short Title of 1986 Amendment note set out under section 1971

of Title 42 and Tables.

-MISC1-

EFFECTIVE DATE

Section applicable with respect to elections taking place after

Dec. 31, 1987, see section 204 of Pub. L. 99-410, set out as a note

under section 1973ff of Title 42, The Public Health and Welfare.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 2401, 3627 of this title;

title 42 section 15386.

-End-