-CITE-

39 USC CHAPTER 32 - PENALTY AND FRANKED MAIL 01/06/03

-EXPCITE-

TITLE 39 - POSTAL SERVICE

PART IV - MAIL MATTER

CHAPTER 32 - PENALTY AND FRANKED MAIL

-HEAD-

CHAPTER 32 - PENALTY AND FRANKED MAIL

-MISC1-

Sec.

3201. Definitions.

3202. Penalty mail.

3203. Endorsements on penalty covers.

3204. Restrictions on use of penalty mail.

3205. Accounting for penalty covers.

3206. Reimbursement for penalty mail service.

3207. Limit of weight of penalty mail; postage on overweight

matter.

3208. Shipment by most economical means.

3209. Executive departments to supply information.

3210. Franked mail transmitted by the Vice President,

Members of Congress, and congressional officials.

3211. Public documents.

3212. Congressional Record under frank of Members of

Congress.

3213. Seeds and reports from Department of Agriculture.

3214. Mailing privilege of former President; surviving

spouse of former President.

3215. Lending or permitting use of frank unlawful.

3216. Reimbursement for franked mailings.

3217. Correspondence of members of diplomatic corps and

consuls of countries of Postal Union of Americas and

Spain.

3218. Franked mail for survivors of Members of Congress.

3219. Mailgrams.

[3220. Omitted.]

AMENDMENTS

1985 - Pub. L. 99-87, Sec. 1(a)(2), Aug. 9, 1985, 99 Stat. 290,

temporarily added item 3220 "Use of official mail in the location

and recovery of missing children". See section 5 of Pub. L. 99-87,

as amended, set out as a Termination Date note under former section

3220 of this title.

1981 - Pub. L. 97-69, Sec. 6(c)(2), Oct. 26, 1981, 95 Stat. 1043,

substituted "survivors" for "surviving spouses" in item 3218.

1973 - Pub. L. 93-191, Secs. 1(b), 4(b), 12(b), Dec. 18, 1973, 87

Stat. 741, 742, 746, substituted "Franked mail transmitted by the

Vice President, Members of Congress, and congressional officials"

for "Official correspondence of Vice President and Members of

Congress" in item 3210, substituted "President, surviving spouse of

former President" for "Presidents" in item 3214, and added item

3219.

-SECREF-

CHAPTER REFERRED TO IN OTHER SECTIONS

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

-End-

-CITE-

39 USC Sec. 3201 01/06/03

-EXPCITE-

TITLE 39 - POSTAL SERVICE

PART IV - MAIL MATTER

CHAPTER 32 - PENALTY AND FRANKED MAIL

-HEAD-

Sec. 3201. Definitions

-STATUTE-

As used in this chapter -

(1) "penalty mail" means official mail, other than franked

mail, which is authorized by law to be transmitted in the mail

without prepayment of postage;

(2) "penalty cover" means envelopes, wrappers, labels, or cards

used to transmit penalty mail;

(3) "frank" means the autographic or facsimile signature of

persons authorized by sections 3210-3216 and 3218 of this title

to transmit matter through the mail without prepayment of postage

or other indicia contemplated by sections 733 and 907 of title

44;

(4) "franked mail" means mail which is transmitted in the mail

under a frank; and

(5) "Members of Congress" includes Senators, Representatives,

Delegates, and Resident Commissioners.

-SOURCE-

(Pub. L. 91-375, Aug. 12, 1970, 84 Stat. 751; Pub. L. 99-87, Sec.

1(b), Aug. 9, 1985, 99 Stat. 291.)

-MISC1-

AMENDMENTS

1985 - Par. (6). Pub. L. 99-87 temporarily added par. (6) which

read as follows: " 'missing child' has the meaning provided by

section 403(1) of the Juvenile Justice and Delinquency Prevention

Act of 1974.". See Termination Date of 1985 Amendment note below.

TERMINATION DATE OF 1985 AMENDMENT

Amendment by Pub. L. 99-87 not effective after Dec. 31, 2002, see

section 5 of Pub. L. 99-87, as amended, set out as a Termination

Date note under former section 3220 of this title.

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.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 3216 of this title.

-End-

-CITE-

39 USC Sec. 3202 01/06/03

-EXPCITE-

TITLE 39 - POSTAL SERVICE

PART IV - MAIL MATTER

CHAPTER 32 - PENALTY AND FRANKED MAIL

-HEAD-

Sec. 3202. Penalty mail

-STATUTE-

(a) Subject to the limitations imposed by sections 3204 and 3207

of this title, there may be transmitted as penalty mail -

(1) official mail of -

(A) officers of the Government of the United States other

than Members of Congress;

(B) the Smithsonian Institution;

(C) the Pan American Union;

(D) the Pan American Sanitary Bureau;

(E) the United States Employment Service and the system of

employment offices operated by it in conformity with the

provisions of sections 49-49c, 49d, 49e-49k of title 29, and

all State employment systems which receive funds appropriated

under authority of those sections; and

(F) any college officer or other person connected with the

extension department of the college as the Secretary of

Agriculture may designate to the Postal Service to the extent

that the official mail consists of correspondence, bulletins,

and reports for the furtherance of the purpose of sections

341-343 and 344-348 of title 7;

(2) mail relating to naturalization to be sent to the

Immigration and Naturalization Service by clerks of courts

addressed to the Department of Justice or the Immigration and

Naturalization Service, or any official thereof;

(3) mail relating to a collection of statistics, survey, or

census authorized by title 13 and addressed to the Department of

Commerce or a bureau or agency thereof; and

(4) mail of State agriculture experiment stations pursuant to

sections 325 and 361f of title 7.

(b) A department or officer authorized to use penalty covers may

enclose them with return address to any person from or through whom

official information is desired. The penalty cover may be used only

to transmit the official information and endorsements relating

thereto.

(c) This section does not apply to officers who receive a fixed

allowance as compensation for their services including expenses of

postage.

-SOURCE-

(Pub. L. 91-375, Aug. 12, 1970, 84 Stat. 751; Pub. L. 94-553, Sec.

105(e), Oct. 19, 1976, 90 Stat. 2599; Pub. L. 103-123, title VII,

Sec. 708(b), Oct. 28, 1993, 107 Stat. 1272.)

-MISC1-

AMENDMENTS

1993 - Subsec. (a)(3), (4). Pub. L. 103-123 inserted "and" at end

of par. (3) and substituted period for "; and" at end of par. (4).

1976 - Subsec. (a)(5). Pub. L. 94-553 struck out par. (5) which

related to articles for copyright deposited with postmasters and

addressed to the Register of Copyrights pursuant to section 15 of

title 17.

EFFECTIVE DATE OF 1976 AMENDMENT

Amendment by Pub. L. 94-553 effective Jan. 1, 1978, see section

102 of Pub. L. 94-553, set out as an Effective Date note preceding

section 101 of Title 17, Copyrights.

-TRANS-

ABOLITION OF IMMIGRATION AND NATURALIZATION SERVICE AND TRANSFER OF

FUNCTIONS

For abolition of Immigration and Naturalization Service, transfer

of functions, and treatment of related references, see note set out

under section 1551 of Title 8, Aliens and Nationality.

-MISC2-

PAYMENT OF POSTAGE FOR STATE UNEMPLOYMENT COMPENSATION SYSTEMS AND

EMPLOYMENT SERVICES

Pub. L. 92-80, title I, Aug. 10, 1971, 85 Stat. 287, which

required Department of Labor and Post Office Department to use such

amounts as may be agreed upon for the payment of postage for the

transmission of official mail matter in connection with the

administration of unemployment compensation systems and employment

services by States receiving grants, was from the Department of

Labor Appropriation Act, 1972, and was not repeated in subsequent

appropriation acts. See section 3202(a)(1)(E) of this title.

Similar provisions were contained in the following prior

appropriation acts:

Jan. 11, 1971, Pub. L. 91-667, title I, 84 Stat. 2002.

Mar. 5, 1970, Pub. L. 91-204, title I, 84 Stat. 24.

Oct. 11, 1968, Pub. L. 90-557, title I, 82 Stat. 971.

Nov. 8, 1967, Pub. L. 90-132, title I, 81 Stat. 387.

Nov. 7, 1966, Pub. L. 89-787, title I, 80 Stat. 1379.

Aug. 31, 1965, Pub. L. 89-156, title I, 79 Stat. 590.

Sept. 19, 1964, Pub. L. 88-605, title I, 78 Stat. 960.

Oct. 11, 1963, Pub. L. 88-136, title I, 77 Stat. 226.

Aug. 14, 1962, Pub. L. 87-582, title I, 76 Stat. 363.

Sept. 22, 1961, Pub. L. 87-290, title I, 75 Stat. 591.

Sept. 2, 1960, Pub. L. 86-703, title I, 74 Stat. 757.

Aug. 14, 1959, Pub. L. 86-158, title I, 73 Stat. 341.

Aug. 1, 1958, Pub. L. 85-580, title I, 72 Stat. 459.

June 29, 1957, Pub. L. 85-67, title I, 71 Stat. 212.

June 29, 1956, ch. 477, title I, 70 Stat. 424.

Aug. 1, 1955, ch. 437, title I, 69 Stat. 398.

July 2, 1954, ch. 457, title I, 68 Stat. 435

July 31, 1953, ch. 296, title I, 67 Stat. 246.

July 5, 1952, ch. 575, title I, 66 Stat. 360.

Aug. 31, 1951, ch. 373, title I, 65 Stat. 210.

Sept. 6, 1950, ch. 896, ch. V, title I, 64 Stat. 644.

June 29, 1949, ch. 275, title II, 63 Stat. 293.

June 16, 1948, ch. 472, title I, 62 Stat. 445.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 3203, 3206 of this title;

title 22 section 2905.

-End-

-CITE-

39 USC Sec. 3203 01/06/03

-EXPCITE-

TITLE 39 - POSTAL SERVICE

PART IV - MAIL MATTER

CHAPTER 32 - PENALTY AND FRANKED MAIL

-HEAD-

Sec. 3203. Endorsements on penalty covers

-STATUTE-

(a) Except as otherwise provided in this section, penalty covers

shall bear, over the words "Official Business" an endorsement

showing the name of the department, bureau, or office from which,

or officer from whom, it is transmitted. The penalty for the

unlawful use of all penalty covers shall be printed thereon.

(b) The Postal Service shall prescribe the endorsement to be

placed on covers mailed under clauses (1)(E), (2), and (3) of

section 3202(a) of this title.

-SOURCE-

(Pub. L. 91-375, Aug. 12, 1970, 84 Stat. 752.)

-End-

-CITE-

39 USC Sec. 3204 01/06/03

-EXPCITE-

TITLE 39 - POSTAL SERVICE

PART IV - MAIL MATTER

CHAPTER 32 - PENALTY AND FRANKED MAIL

-HEAD-

Sec. 3204. Restrictions on use of penalty mail

-STATUTE-

(a) Except as otherwise provided in this section, an officer,

executive department, or independent establishment of the

Government of the United States may not mail, as penalty mail, any

article or document unless -

(1) a request therefor has been previously received by the

department or establishment; or

(2) its mailings is required by law.

(b) Subsection (a) of this section does not prohibit the mailing,

as penalty mail, by an officer, executive department, or

independent agency of -

(1) enclosures reasonably related to the subject matter of

official correspondence;

(2) informational releases relating to the census of the United

States and authorized by title 13;

(3) matter concerning the sale of Government securities;

(4) forms, blanks, and copies of statutes, rules, regulations,

instructions, administrative orders, and interpretations

necessary in the administration of the department or

establishment;

(5) agricultural bulletins;

(6) lists of public documents offered for sale by the

Superintendent of Documents;

(7) announcements of the publication of maps, atlases, and

statistical and other reports offered for sale by the Federal

Power Commission as authorized by section 825k of title 16; or

(8) articles or documents to educational institutions or public

libraries, or to Federal, State, or other public authorities.

-SOURCE-

(Pub. L. 91-375, Aug. 12, 1970, 84 Stat. 752; Pub. L. 99-87, Sec.

1(c)(1), Aug. 9, 1985, 99 Stat. 291.)

-MISC1-

AMENDMENTS

1985 - Subsec. (a). Pub. L. 99-87 temporarily inserted "or

section 3220(a) of this title" after "this section" in introductory

provisions. See Termination Date of 1985 Amendment note below.

TERMINATION DATE OF 1985 AMENDMENT

Amendment by Pub. L. 99-87 not effective after Dec. 31, 2002, see

section 5 of Pub. L. 99-87, as amended, set out as a Termination

Date note under former section 3220 of this title.

-TRANS-

TRANSFER OF FUNCTIONS

Federal Power Commission terminated and its functions, personnel,

property, funds, etc., transferred to Secretary of Energy (except

for certain functions transferred to Federal Energy Regulatory

Commission) by sections 7151(b), 7171(a), 7172(a), 7291, and 7293

of Title 42, The Public Health and Welfare.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 12 section 1701z-2; title 15

section 637; title 16 section 460l-1; title 29 section 2900; title

42 section 12651d.

-End-

-CITE-

39 USC Sec. 3205 01/06/03

-EXPCITE-

TITLE 39 - POSTAL SERVICE

PART IV - MAIL MATTER

CHAPTER 32 - PENALTY AND FRANKED MAIL

-HEAD-

Sec. 3205. Accounting for penalty covers

-STATUTE-

Executive departments and agencies, independent establishments of

the Government of the United States, and organizations and persons

authorized by law to use penalty mail, shall account for all

penalty covers through the Postal Service.

-SOURCE-

(Pub. L. 91-375, Aug. 12, 1970, 84 Stat. 753.)

-End-

-CITE-

39 USC Sec. 3206 01/06/03

-EXPCITE-

TITLE 39 - POSTAL SERVICE

PART IV - MAIL MATTER

CHAPTER 32 - PENALTY AND FRANKED MAIL

-HEAD-

Sec. 3206. Reimbursement for penalty mail service

-STATUTE-

(a) Except as provided in subsection (b) of this section,

executive departments and agencies, independent establishments of

the Government of the United States, and Government corporations

concerned, shall transfer to the Postal Service as postal revenue

out of any appropriations or funds available to them, 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 by

or to them as penalty mail under authority of section 3202 of this

title.

(b) The Department of Agriculture shall transfer to the Postal

Service as postal revenues out of any appropriations made to it for

that purpose the equivalent amount of postage, as determined by the

Postal Service, for penalty mailings under clauses (1)(F) and (4)

of section 3202(a) of this title.

(c) The Department of State shall transfer to the Postal Service

as postal revenues out of any appropriations made to it for that

purpose the equivalent amount of postage, as determined by the

Postal Service, for penalty mailings under clause (1)(C) and (D) of

section 3202(a) of this title.

-SOURCE-

(Pub. L. 91-375, Aug. 12, 1970, 84 Stat. 753; Pub. L. 93-191, Sec.

9, Dec. 18, 1973, 87 Stat. 745; Pub. L. 94-553, Sec. 105(e), Oct.

19, 1976, 90 Stat. 2599.)

-MISC1-

AMENDMENTS

1976 - Subsec. (a). Pub. L. 94-553 substituted "subsection (b)"

for "subsections (b) and (c)".

Subsecs. (c), (d). Pub. L. 94-553 redesignated subsec. (d) as

(c). Former subsec. (c), directing the Library of Congress to

transfer to the Postal Service as postal revenues out of any

appropriations made to the Library for that purpose the equivalent

amount of postage, as determined by the Postal Service, for penalty

mailings under clause (5) of section 3202(a) of this title, was

struck out.

1973 - Subsec. (d). Pub. L. 93-191 added subsec. (d).

EFFECTIVE DATE OF 1976 AMENDMENT

Amendment by Pub. L. 94-553 effective Jan. 1, 1978, see section

102 of Pub. L. 94-553, set out as an Effective Date note preceding

section 101 of Title 17, Copyrights.

EFFECTIVE DATE OF 1973 AMENDMENT

Amendment by Pub. L. 93-191 effective Dec. 18, 1973, see section

14 of Pub. L. 93-191, set out as a note under section 3210 of this

title.

-End-

-CITE-

39 USC Sec. 3207 01/06/03

-EXPCITE-

TITLE 39 - POSTAL SERVICE

PART IV - MAIL MATTER

CHAPTER 32 - PENALTY AND FRANKED MAIL

-HEAD-

Sec. 3207. Limit of weight of penalty mail; postage on overweight

matter

-STATUTE-

(a) Penalty mail is restricted to articles not in excess of the

weight and size prescribed for that class of mail receiving high

priority in handling and delivery, except -

(1) stamped paper and supplies sold or used by the Postal

Service; and

(2) books and documents published or circulated by order of

Congress when mailed by the Superintendent of Documents.

(b) A penalty mail article which is -

(1) over 4 pounds in weight;

(2) not in excess of the weight and size prescribed for mail

matter; and

(3) otherwise mailable;

is mailable at rates for that class of mail entitled to the lowest

priority in handling and delivery, even though it may include

written matter and may be sealed.

-SOURCE-

(Pub. L. 91-375, Aug. 12, 1970, 84 Stat. 753.)

-End-

-CITE-

39 USC Sec. 3208 01/06/03

-EXPCITE-

TITLE 39 - POSTAL SERVICE

PART IV - MAIL MATTER

CHAPTER 32 - PENALTY AND FRANKED MAIL

-HEAD-

Sec. 3208. Shipment by most economical means

-STATUTE-

Shipments of official matter other than franked mail shall be

sent by the most economical means of transportation practicable.

The Postal Service may refuse to accept official matter for

shipment by mail when in its judgment it may be shipped by other

means at less expense, or it may provide for its transportation by

freight or express whenever a saving to the Government of the

United States will result therefrom without detriment to the public

service.

-SOURCE-

(Pub. L. 91-375, Aug. 12, 1970, 84 Stat. 753.)

-End-

-CITE-

39 USC Sec. 3209 01/06/03

-EXPCITE-

TITLE 39 - POSTAL SERVICE

PART IV - MAIL MATTER

CHAPTER 32 - PENALTY AND FRANKED MAIL

-HEAD-

Sec. 3209. Executive departments to supply information

-STATUTE-

Persons and governmental organizations authorized to use penalty

mail shall supply all information requested by the Postal Service

necessary to carry out the provisions of this chapter as soon as

practicable after request therefor.

-SOURCE-

(Pub. L. 91-375, Aug. 12, 1970, 84 Stat. 754.)

-End-

-CITE-

39 USC Sec. 3210 01/06/03

-EXPCITE-

TITLE 39 - POSTAL SERVICE

PART IV - MAIL MATTER

CHAPTER 32 - PENALTY AND FRANKED MAIL

-HEAD-

Sec. 3210. Franked mail transmitted by the Vice President, Members

of Congress, and congressional officials

-STATUTE-

(a)(1) It is the policy of the Congress that the privilege of

sending mail as franked mail shall be established under this

section in order to assist and expedite the conduct of the official

business, activities, and duties of the Congress of the United

States.

(2) It is the intent of the Congress that such official business,

activities, and duties cover all matters which directly or

indirectly pertain to the legislative process or to any

congressional representative functions generally, or to the

functioning, working, or operating of the Congress and the

performance of official duties in connection therewith, and shall

include, but not be limited to, the conveying of information to the

public, and the requesting of the views of the public, or the views

and information of other authority of government, as a guide or a

means of assistance in the performance of those functions.

(3) It is the intent of the Congress that mail matter which is

frankable specifically includes, but is not limited to -

(A) mail matter to any person and to all agencies and officials

of Federal, State, and local governments regarding programs,

decisions, and other related matters of public concern or public

service, including any matter relating to actions of a past or

current Congress;

(B) the usual and customary congressional newsletter or press

release which may deal with such matters as the impact of laws

and decisions on State and local governments and individual

citizens; reports on public and official actions taken by Members

of Congress; and discussions of proposed or pending legislation

or governmental actions and the positions of the Members of

Congress on, and arguments for or against, such matters;

(C) the usual and customary congressional questionnaire seeking

public opinion on any law, pending or proposed legislation,

public issue, or subject;

(D) mail matter dispatched by a Member of Congress between his

Washington office and any congressional district offices, or

between his district offices;

(E) mail matter directed by one Member of Congress to another

Member of Congress or to representatives of the legislative

bodies of State and local governments;

(F) mail matter expressing congratulations to a person who has

achieved some public distinction;

(G) mail matter, including general mass mailings, which

consists of Federal laws, Federal regulations, other Federal

publications, publications purchased with Federal funds, or

publications containing items of general information;

(H) mail matter which consists of voter registration or

election information or assistance prepared and mailed in a

nonpartisan manner;

(I) mail matter which constitutes or includes a biography or

autobiography of any Member of, or Member-elect to, Congress or

any biographical or autobiographical material concerning such

Member or Member-elect or the spouse or other members of the

family of such Member or Member-elect, and which is so mailed as

a part of a Federal publication or in response to a specific

request therefor and is not included for publicity purposes in a

newsletter or other general mass mailing of the Member or

Member-elect under the franking privilege; or

(J) mail matter which contains a picture, sketch, or other

likeness of any Member or Member-elect and which is so mailed as

a part of a Federal publication or in response to a specific

request therefor and, when contained in a newsletter or other

general mass mailing of any Member or Member-elect, is not of

such size, or does not occur with such frequency in the mail

matter concerned, as to lead to the conclusion that the purpose

of such picture, sketch, or likeness is to advertise the Member

or Member-elect rather than to illustrate accompanying text.

(4) It is the intent of the Congress that the franking privilege

under this section shall not permit, and may not be used for, the

transmission through the mails as franked mail, of matter which in

its nature is purely personal to the sender or to any other person

and is unrelated to the official business, activities, and duties

of the public officials covered by subsection (b)(1) of this

section.

(5) It is the intent of the Congress that a Member of or

Member-elect to Congress may not mail as franked mail -

(A) mail matter which constitutes or includes any article,

account, sketch, narration, or other text laudatory and

complimentary of any Member of, or Member-elect to, Congress on a

purely personal or political basis rather than on the basis of

performance of official duties as a Member or on the basis of

activities as a Member-elect;

(B) mail matter which constitutes or includes -

(i) greetings from the spouse or other members of the family

of such Member or Member-elect unless it is a brief reference

in otherwise frankable mail;

(ii) reports of how or when such Member or Member-elect, or

the spouse or any other member of the family of such Member or

Member-elect, spends time other than in the performance of, or

in connection with, the legislative, representative, and other

official functions of such Member or the activities of such

Member-elect as a Member-elect; or

(iii) any card expressing holiday greetings from such Member

or Member-elect; or

(C) mail matter which specifically solicits political support

for the sender or any other person or any political party, or a

vote or financial assistance for any candidate for any public

office.

The House Commission on Congressional Mailing Standards and the

Select Committee on Standards and Conduct of the Senate shall

prescribe for their respective Houses such rules and regulations

and shall take such other action, as the Commission or Committee

considers necessary and proper for the Members and Members-elect to

conform to the provisions of this clause and applicable rules and

regulations. Such rules and regulations shall include, but not be

limited to, provisions prescribing the time within which such

mailings shall be mailed at or delivered to any postal facility to

attain compliance with this clause and the time when such mailings

shall be deemed to have been so mailed or delivered and such

compliance attained.

(6)(A) It is the intent of Congress that a Member of, or

Member-elect to, Congress may not mail any mass mailing as franked

mail -

(i) if the mass mailing is postmarked fewer than 60 days (or,

in the case of a Member of the House, fewer than 90 days)

immediately before the date of any primary election or general

election (whether regular, special, or runoff) in which the

Member is a candidate for reelection; or

(ii) in the case of a Member of, or Member-elect to, the House

who is a candidate for any other public office, if the mass

mailing -

(I) is prepared for delivery within any portion of the

jurisdiction of or the area covered by the public office which

is outside the area constituting the congressional district

from which the Member or Member-elect was elected; or

(II) is postmarked fewer than 90 days immediately before the

date of any primary election or general election (whether

regular, special, or runoff) in which the Member or

Member-elect is a candidate for any other public office.

(B) Any mass mailing which is mailed by the chairman of any

organization referred to in the last sentence of section 3215 of

this title which relates to the normal and regular business of the

organization may be mailed without regard to the provisions of this

paragraph.

(C) No Member of the Senate may mail any mass mailing as franked

mail if such mass mailing is postmarked fewer than 60 days

immediately before the date of any primary election or general

election (whether regular, special, or runoff) for any national,

State or local office in which such Member is a candidate for

election.

(D) The Select Committee on Ethics of the Senate and the House

Commission on Congressional Mailing Standards shall prescribe for

their respective Houses rules and regulations, and shall take other

action as the Committee or the Commission considers necessary and

proper for Members and Members-elect to comply with the provisions

of this paragraph and applicable rules and regulations. The rules

and regulations shall include provisions prescribing the time

within which mailings shall be mailed at or delivered to any postal

facility and the time when the mailings shall be deemed to have

been mailed or delivered to comply with the provisions of this

paragraph.

(E) As used in this section, the term "mass mailing" means, with

respect to a session of Congress, any mailing of newsletters or

other pieces of mail with substantially identical content (whether

such mail is deposited singly or in bulk, or at the same time or

different times), totaling more than 500 pieces in that session,

except that such term does not include any mailing -

(i) of matter in direct response to a communication from a

person to whom the matter is mailed;

(ii) from a Member of Congress to other Members of Congress, or

to Federal, State, or local government officials; or

(iii) of a news release to the communications media.

(F) For purposes of subparagraphs (A) and (C) if mail matter is

of a type which is not customarily postmarked, the date on which

such matter would have been postmarked if it were of a type

customarily postmarked shall apply.

(7) A Member of the House of Representatives may not send any

mass mailing outside the congressional district from which the

Member was elected.

(b)(1) The Vice President, each Member of or Member-elect to

Congress, the Secretary of the Senate, the Sergeant at Arms of the

Senate, each of the elected officers of the House of

Representatives (other than a Member of the House), the Legislative

Counsels of the House of Representatives and the Senate, the Law

Revision Counsel of the House of Representatives, and the Senate

Legal Counsel, may send, as franked mail, matter relating to their

official business, activities, and duties, as intended by Congress

to be mailable as franked mail under subsection (a)(2) and (3) of

this section.

(2) If a vacancy occurs in the Office of the Secretary of the

Senate, the Sergeant at Arms of the Senate, an elected officer of

the House of Representatives (other than a Member of the House),

the Legislative Counsel of the House of Representatives or the

Senate, the Law Revision Counsel of the House of Representatives,

or the Senate Legal Counsel, any authorized person may exercise the

franking privilege in the officer's name during the period of the

vacancy.

(3) The Vice President, each Member of Congress, the Secretary of

the Senate, the Sergeant at Arms of the Senate, and each of the

elected officers of the House (other than a Member of the House),

during the 90-day period immediately following the date on which

they leave office, may send, as franked mail, matter on official

business relating to the closing of their respective offices. The

House Commission on Congressional Mailing Standards and the Select

Committee on Standards and Conduct of the Senate shall prescribe

for their respective Houses such rules and regulations, and shall

take such other action as the Commission or Committee considers

necessary and proper, to carry out the provisions of this

paragraph.

(c) Franked mail may be in any form appropriate for mail matter,

including, but not limited to, correspondence, newsletters,

questionnaires, recordings, facsimiles, reprints, and

reproductions. Franked mail shall not include matter which is

intended by Congress to be nonmailable as franked mail under

subsection (a)(4) and (5) of this section.

(d)(1) A Member of Congress may mail franked mail with a

simplified form of address for delivery within that area

constituting the congressional district or State from which the

Member was elected.

(2) A Member-elect to the Congress may mail franked mail with a

simplified form of address for delivery within that area

constituting the congressional district or the State from which he

was elected.

(3) A Delegate, Delegate-elect, Resident Commissioner, or

Resident Commissioner-elect to the House of Representatives may

mail franked mail with a simplified form of address for delivery

within the area from which he was elected.

(4) Any franked mail which is mailed under this subsection shall

be mailed at the equivalent rate of postage which assures that the

mail will be sent by the most economical means practicable.

(5) The Senate Committee on Rules and Administration and the

House Commission on Congressional Mailing Standards shall prescribe

for their respective Houses rules and regulations governing any

franked mail which is mailed under this subsection and shall by

regulation limit the number of such mailings allowed under this

subsection

(6)(A) Any Member of, or Member-elect to, the House of

Representatives entitled to make any mailing as franked mail under

this subsection shall, before making any mailing, submit a sample

or description of the mail matter involved to the House Commission

on Congressional Mailing Standards for an advisory opinion as to

whether the proposed mailing is in compliance with the provisions

of this subsection.

(B) The Senate Select Committee on Ethics may require any Member

of, or Member-elect to, the Senate entitled to make any mailings as

franked mail under this subsection to submit a sample or

description of the mail matter to the Committee for an advisory

opinion as to whether the proposed mailing is in compliance with

the provisions of this subsection.

(7) Franked mail mailed with a simplified form of address under

this subsection -

(A) shall be prepared as directed by the Postal Service; and

(B) may be delivered to -

(i) each box holder or family on a rural or star route;

(ii) each post office box holder; and

(iii) each stop or box on a city carrier route.

(8) For the purposes of this subsection, a congressional district

includes, in the case of a Representative at Large or

Representative at Large-elect, the State from which he was elected.

(e) The frankability of mail matter shall be determined under the

provisions of this section by the type and content of the mail

sent, or to be sent.

(f) Any mass mailing which otherwise would be permitted to be

mailed as franked mail under this section shall not be so mailed

unless the cost of preparing and printing the mail matter is paid

exclusively from funds appropriated by Congress, except that an

otherwise frankable mass mailing may contain, as an enclosure or

supplement, any public service material which is purely

instructional or informational in nature, and which in content is

frankable under this section.

(g) Notwithstanding any other provision of Federal, State, or

local law, or any regulation thereunder, the equivalent amount of

postage determined under section 3216 of this title on franked mail

mailed under the frank of the Vice President or a Member of

Congress, and the cost of preparing or printing such frankable

matter for such mailing under the frank, shall not be considered as

a contribution to, or an expenditure by, the Vice President or a

Member of Congress for the purpose of determining any limitation on

expenditures or contributions with respect to any such official,

imposed by any Federal, State, or local law or regulation, in

connection with any campaign of such official for election to any

Federal office.

-SOURCE-

(Pub. L. 91-375, Aug. 12, 1970, 84 Stat. 754; Pub. L. 92-51, Sec.

101, July 9, 1971, 85 Stat. 132; Pub. L. 93-191, Sec. 1(a), Dec.

18, 1973, 87 Stat. 737; Pub. L. 94-177, Dec. 23, 1975, 89 Stat.

1032; Pub. L. 95-521, title VII, Sec. 714(a), Oct. 26, 1978, 92

Stat. 1884; Pub. L. 97-69, Secs. 1-3(a), 4, Oct. 26, 1981, 95 Stat.

1041-1043; Pub. L. 97-263, Sec. 1(1), (2), Sept. 24, 1982, 96 Stat.

1132; Pub. L. 101-163, title III, Sec. 318, Nov. 21, 1989, 103

Stat. 1067; Pub. L. 101-520, title III, Secs. 311(h)(1), 316, Nov.

5, 1990, 104 Stat. 2280, 2283; Pub. L. 102-392, title III, Sec.

309(a), Oct. 6, 1992, 106 Stat. 1722; Pub. L. 104-197, title I,

Sec. 102(a), Sept. 16, 1996, 110 Stat. 2401.)

-MISC1-

AMENDMENTS

1996 - Subsec. (a)(6)(A)(i). Pub. L. 104-197, Sec. 102(a)(1),

inserted "(or, in the case of a Member of the House, fewer than 90

days)" after "60 days".

Subsec. (a)(6)(A)(ii)(II). Pub. L. 104-197, Sec. 102(a)(2),

substituted "90 days" for "60 days".

1992 - Subsec. (a)(7). Pub. L. 102-392, Sec. 309(a)(1),

substituted "from which the Member was elected" for "of the Member,

except that -

"(A) a Member of the House of Representatives may send mass

mailings to any area in a county, if any part of the county

adjoins or is inside the congressional district of the Member;

and

"(B) in the case of redistricting, on and after the date

referred to in subsection (d)(1)(B), a Member of the House of

Representatives may send mass mailings to the additional area

described in that section".

Subsec. (d)(1). Pub. L. 102-392, Sec. 309(a)(2), struck out

subpar. (A) designation, substituted "the Member" for "he" and a

period for "; and", and struck out subpar. (B) which read as

follows: "with respect to a Member of the House of Representatives

on and after the date on which the proposed redistricting of

congressional districts in his State by legislative or judicial

proceedings is initially completed (whether or not the

redistricting is actually in effect), within any additional area of

each congressional district proposed or established in such

redistricting and containing all or part of the area constituting

the congressional district from which he was elected, unless and

until the congressional district so proposed or established is

changed by legislative or judicial proceedings."

1990 - Subsec. (a)(6)(E). Pub. L. 101-520, Sec. 311(h)(1),

amended subpar. (E) generally. Prior to amendment, subpar. (E) read

as follows: "For purposes of this section, the term 'mass mailing'

means newsletters and similar mailings of more than five hundred

pieces in which the content of the matter mailed is substantially

identical but shall not apply to mailings -

"(i) which are in direct response to communications from

persons to whom the matter is mailed;

"(ii) to colleagues in the Congress or to government officials

(whether Federal, State, or local); or

"(iii) of news releases to the communications media."

Subsec. (a)(7). Pub. L. 101-520, Sec. 316, added par. (7).

1989 - Subsec. (a)(6)(A)(i), (ii)(II), (C). Pub. L. 101-163, Sec.

318(1)-(3), substituted "is postmarked fewer" for "is mailed

fewer".

Subsec. (a)(6)(F). Pub. L. 101-163, Sec. 318(4), added subpar.

(F).

1982 - Subsec. (b)(1), (2). Pub. L. 97-263 inserted reference to

Law Revision Counsel of House of Representatives.

1981 - Subsec. (a)(3)(F). Pub. L. 97-69, Sec. 1, struck out

provision relating to mail matter expressing condolences to a

person who has suffered a loss.

Subsec. (a)(5). Pub. L. 97-69, Sec. 2(a), inserted provision

relating to brief references in otherwise frankable mail in subpar.

(B)(i), and struck out subpar. (D) which related to mass mailing

mailed at or delivered to any postal facility less than 28 days

immediately before the date of any primary or general election in

which the Member or Member-elect was a candidate for public office.

See subsec. (a)(6) of this section.

Subsec. (a)(6). Pub. L. 97-69, Sec. 2(b), added par. (6).

Subsec. (d). Pub. L. 97-69, Sec. 3(a), substituted "Congress" for

"the House" in provisions of par. (1) preceding subpar. (A),

substituted "congressional district or State" for "congressional

district" in par. (1)(A), inserted "with respect to a Member of the

House of Representatives" after "(B)" in par. (1)(B), substituted

"Congress" for "House of Representatives" and "congressional

district or the State" for "congressional district" in par. (2),

added pars. (4), (5), and (6), and redesignated former pars. (4)

and (5) as (7) and (8), respectively.

Subsec. (e). Pub. L. 97-69, Sec. 4(a), struck out provisions

under which the cost of preparing or printing mail matter which was

frankable under this section could be paid from any funds,

including but not limited to funds collected by a candidate or a

political committee required to file reports of receipts and

expenditures under the Federal Election Campaign Act of 1971

(Public Law 92-225), or from voluntary newsletter funds, or from

similar funds administered or controlled by a Member or by a

committee organized to administer such funds.

Subsecs. (f), (g). Pub. L. 97-69, Sec. 4(b), added subsec. (f)

and redesignated former subsec. (f) as (g).

1978 - Subsec. (b)(1), (2). Pub. L. 95-521 inserted reference to

Senate Legal Counsel.

1975 - Subsec. (b)(1). Pub. L. 94-177, Sec. 1(a), struck out

"and" before "each of the elected officers", and "until the 1st day

of April following the expiration of their respective terms of

office" after "(other than a Member of the House)".

Subsec. (b)(3). Pub. L. 94-177, Sec. 1(b), added par. (3).

1973 - Subsec. (a). Pub. L. 93-191 added subsec. (a). Former

first sentence provided in part for franked mail (1) matter, not

exceeding 4 pounds in weight, upon official or departmental

business, to a Government official, and (2) correspondence, not

exceeding 4 ounces in weight, upon official business to any person.

Subsec. (b)(1). Pub. L. 93-191 incorporated part of former first

sentence in provisions designated as subsec. (b)(1), substituted

reference to elected officers of House of Representatives (other

than a Member of House) for former references to Clerk of House of

Representatives and the Sergeant at Arms of House of

Representatives, included reference to Legislative Counsel of

Senate, substituted the 1st day of April for the thirtieth day of

June, and substituted internal reference to subsec. (a)(2) and (3)

of this section for former provision respecting franked mail (1)

matter, not exceeding 4 pounds in weight, upon official or

departmental business, to a Government official, and (2)

correspondence, not exceeding 4 ounces in weight, upon official

business to any person.

Subsec. (b)(2). Pub. L. 93-191 incorporated former second

sentence in provisions designated as subsec. (b)(2), substituted

provision respecting vacancy in Office of an elected officer of

House of Representatives (other than a Member of House) for former

provision respecting vacancy in office of Clerk of House of

Representatives and Sergeant at Arms of House of Representatives

and included provision for vacancy in Office of Legislative Counsel

of Senate.

Subsecs. (c) to (f). Pub. L. 93-191 added subsecs. (c) to (f).

1971 - Pub. L. 92-51 inserted reference to Legislative Counsel of

House of Representatives.

EFFECTIVE DATE OF 1996 AMENDMENT

Section 102(b) of Pub. L. 104-197 provided that: "The amendments

made by subsection (a) [amending this section] shall take effect on

October 1, 1996, and shall apply with respect to any mailing

postmarked on or after that date."

EFFECTIVE DATE OF 1992 AMENDMENT

Section 309(b) of Pub. L. 102-392 provided that: "The amendments

made by subsection (a) [amending this section] shall take effect on

the date of the enactment of this Act [Oct. 6, 1992]."

EFFECTIVE DATE OF 1990 AMENDMENT

Amendment by section 311(h)(1) of Pub. L. 101-520 applicable with

respect to sessions of Congress beginning with the first session of

the One Hundred Second Congress, see section 59e(i) of Title 2, The

Congress.

EFFECTIVE DATE OF 1981 AMENDMENT

Section 3(b) of Pub. L. 97-69 provided that: "This section

[amending this section] shall become effective 120 days after the

date of enactment of this Act [Oct. 26, 1981]."

EFFECTIVE DATE OF 1978 AMENDMENT

Amendment by Pub. L. 95-521 effective Jan. 3, 1979, see section

717 of Pub. L. 95-521, set out as an Effective Date note under

section 288 of Title 2, The Congress.

EFFECTIVE DATE OF 1973 AMENDMENT

Section 14 of Pub. L. 93-191 provided that:

"(a) Except as provided in subsection (b) of this section, the

provisions of this Act [enacting section 3219 of this title and

sections 501 and 502 of Title 2, The Congress, amending this

section, sections 3206, 3211, 3212, 3215, 3216, and 3218 of this

title, and sections 733 and 907 of Title 44, Public Printing and

Documents, and repealing section 277 of Title 2] shall become

effective on the date of enactment of this Act [Dec. 18, 1973].

"(b) The provisions of section 3214 of title 39, United States

Code, as amended by section 4 of this Act; and the provisions of

subsection (b) of section 3216 of title 39, United States Code, as

amended by section 7 of this Act, shall take effect as of December

27, 1972."

SEPARABILITY

Section 15 of Pub. L. 93-191 provided that: "If a provision of

this Act [enacting section 3219 of this title and sections 501 and

502 of Title 2, The Congress, amending this section, sections 3206,

3211, 3212, 3214 to 3216, and 3218 of this title, and sections 733

and 907 of Title 44, Public Printing and Documents, and repealing

section 277 of Title 2] is held invalid, all valid provisions

severable from the invalid provision remain in effect. If a

provision of this Act is held invalid in one or more of its

applications, such provision remains in effect in all valid

applications severable from the invalid application or

applications."

MASS MAILINGS BY SENATORS

Pub. L. 103-283, title I, Secs. 5, 6, July 22, 1994, 108 Stat.

1427, provided that:

"Sec. 5. Effective October 1, 1994, each of the figures contained

in section 506(b)(3)(A)(iii) of the Supplemental Appropriations

Act, 1973 (2 U.S.C. 58(b)(3)(A)(iii)) is increased by $50,000:

Provided, That, in any fiscal year beginning with fiscal year 1995,

a Senator may use funds provided for official office expenses, but

not to exceed $50,000, for mass mailing, as defined in section

6(b)(1) and all such mass mailings shall be under the frank.

"Sec. 6. (a) This section shall apply to mailings by Senators,

made during fiscal year 1995 and each fiscal year thereafter in

addition to any other law relating to the use of the franking

privilege.

"(b) For the purposes of this paragraph -

"(1) the term 'mass mailing' -

"(A) means, with respect to a session of Congress, a mailing

of more than 500 newsletters or other pieces of mail with

substantially identical content (whether such mail is deposited

singly or in bulk, or at the same time or different times), but

"(B) does not include a mailing -

"(i) of matter in direct response to a communication from a

person to whom the matter is mailed;

"(ii) to other Members of Congress or to a Federal, State,

or local government official;

"(iii) of a news release to the communications media;

"(iv) of a town meeting notice, but no such mailing may be

made fewer than 60 days immediately before the date of any

primary election or general election (whether regular,

special, or runoff) for any Federal, State, or local office

in which a Member of the Senate is a candidate for election;

or

"(v) of a Federal publication or other item that is

provided by the Senate to all Senators or made available by

the Senate for purchase by all Senators from official funds

specifically for distribution.

"(c) Except as provided in section 5, a Senator may not mail a

mass mailing under the frank.

"(d) The Senate Committee on Rules and Administration shall

prescribe rules and regulations and take other action as the

Committee considers necessary and proper for Senators to comply

with this section and regulations."

Section 316(a), formerly section 316(a), (b), of Pub. L. 101-163,

as renumbered and amended by Pub. L. 101-520, title III, Sec.

311(h)(3), Nov. 5, 1990, 104 Stat. 2280; Pub. L. 102-392, title

III, Sec. 308(a), Oct. 6, 1992, 106 Stat. 1722, provided that:

"Effective January 1, 1990, a mass mailing (as defined in section

3210(a)(6)(E) of title 39, United States Code) by a Senator shall

be limited to 2 sheets of paper (or their equivalent), including

any enclosure that -

"(1) is prepared by or for the Senator who makes the mailing;

or

"(2) contains information concerning, expresses the views of,

or otherwise relates to the Senator who makes the mailing."

[Section 308(b) of Pub. L. 102-392 provided that: "The amendments

made by subsection (a) [amending section 316(a) of Pub. L. 101-163,

set out above] shall take effect on October 1, 1992."]

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 3201, 3212, 3219 of this

title; title 2 sections 31b-4, 59e, 59g, 59h, 282d, 501, 502; title

44 section 907.

-End-

-CITE-

39 USC Sec. 3211 01/06/03

-EXPCITE-

TITLE 39 - POSTAL SERVICE

PART IV - MAIL MATTER

CHAPTER 32 - PENALTY AND FRANKED MAIL

-HEAD-

Sec. 3211. Public documents

-STATUTE-

The Vice President, Members of Congress, the Secretary of the

Senate, the Sergeant at Arms of the Senate, each of the elected

officers of the House of Representatives (other than a Member of

the House) during the 90-day period immediately following the

expiration of their respective terms of office, may send and

receive as franked mail all public documents printed by order of

Congress.

-SOURCE-

(Pub. L. 91-375, Aug. 12, 1970, 84 Stat. 754; Pub. L. 93-191, Sec.

2, Dec. 18, 1973, 87 Stat. 741; Pub. L. 97-69, Sec. 5(a), Oct. 26,

1981, 95 Stat. 1043.)

-MISC1-

AMENDMENTS

1981 - Pub. L. 97-69 substituted "during the 90-day period

immediately" for "until the first day of April".

1973 - Pub. L. 93-191 substituted "each of the elected officers

of the House of Representatives (other than a Member of the House)

until the first day of April" for "the Clerk of the House of

Representatives, and the Sergeant at Arms of the House of

Representatives, until the thirtieth day of June".

EFFECTIVE DATE OF 1973 AMENDMENT

Amendment by Pub. L. 93-191 effective Dec. 18, 1973, see section

14 of Pub. L. 93-191, set out as a note under section 3210 of this

title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 3201 of this title; title

2 sections 31b-4, 501, 502.

-End-

-CITE-

39 USC Sec. 3212 01/06/03

-EXPCITE-

TITLE 39 - POSTAL SERVICE

PART IV - MAIL MATTER

CHAPTER 32 - PENALTY AND FRANKED MAIL

-HEAD-

Sec. 3212. Congressional Record under frank of Members of Congress

-STATUTE-

(a) Members of Congress may send the Congressional Record as

franked mail.

(b) Members of Congress may send, as franked mail, any part of,

or a reprint of any part of, the Congressional Record, including

speeches or reports contained therein, if such matter is mailable

as franked mail under section 3210 of this title.

-SOURCE-

(Pub. L. 91-375, Aug. 12, 1970, 84 Stat. 754; Pub. L. 93-191, Sec.

3, Dec. 18, 1973, 87 Stat. 741.)

-MISC1-

AMENDMENTS

1973 - Subsec. (a). Pub. L. 93-191 incorporated existing text in

provisions designated as subsec. (a).

Subsec. (b). Pub. L. 93-191 incorporated existing text in

provisions designated as subsec. (b), authorized sending, as

franked mail, reprints of parts of Congressional Record, and

authorized the mailing of Congressional Record if the listed matter

is mailable as franked mail under section 3210 of this title.

EFFECTIVE DATE OF 1973 AMENDMENT

Amendment by Pub. L. 93-191 effective Dec. 18, 1973, see section

14 of Pub. L. 93-191, set out as a note under section 3210 of this

title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 3201 of this title; title

2 sections 501, 502.

-End-

-CITE-

39 USC Sec. 3213 01/06/03

-EXPCITE-

TITLE 39 - POSTAL SERVICE

PART IV - MAIL MATTER

CHAPTER 32 - PENALTY AND FRANKED MAIL

-HEAD-

Sec. 3213. Seeds and reports from Department of Agriculture

-STATUTE-

Seeds and agricultural reports emanating from the Department of

Agriculture may be mailed -

(1) as penalty mail by the Secretary of Agriculture; and

(2) during the 90-day period immediately following the

expiration of their terms of office, as franked mail by Members

of Congress.

-SOURCE-

(Pub. L. 91-375, Aug. 12, 1970, 84 Stat. 754; Pub. L. 97-69, Sec.

5(b), Oct. 26, 1981, 95 Stat. 1043.)

-MISC1-

AMENDMENTS

1981 - Par. (2). Pub. L. 97-69 substituted "during the 90-day

period immediately" for "until the thirtieth day of June".

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 3201 of this title; title

2 sections 31b-4, 501, 502.

-End-

-CITE-

39 USC Sec. 3214 01/06/03

-EXPCITE-

TITLE 39 - POSTAL SERVICE

PART IV - MAIL MATTER

CHAPTER 32 - PENALTY AND FRANKED MAIL

-HEAD-

Sec. 3214. Mailing privilege of former President; surviving spouse

of former President

-STATUTE-

A former President and the surviving spouse of a former President

may send nonpolitical mail within the United States and its

territories and possessions as franked mail. Such mail of a former

President and of the surviving spouse of a former President marked

"Postage and Fees Paid" in the manner prescribed by the Postal

Service shall be accepted by the Postal Service for transmission in

the international mails.

-SOURCE-

(Pub. L. 91-375, Aug. 12, 1970, 84 Stat. 754; Pub. L. 93-191, Sec.

4(a), Dec. 18, 1973, 87 Stat. 742; Pub. L. 103-123, title IV, Sec.

6(b), Oct. 28, 1993, 107 Stat. 1246; Pub. L. 105-61, title IV, Sec.

409(b), Oct. 10, 1997, 111 Stat. 1299.)

-MISC1-

AMENDMENTS

1997 - Pub. L. 105-61 struck out subsec. (a) designation,

substituted "A former President" for "Subject to subsection (b), a

former President", and struck out subsec. (b) which read as

follows: "Subsection (a) shall cease to apply -

"(1) 5 years after the effective date of this subsection, in

the case of any individual who, on such effective date -

"(A) is a former President (including any individual who

might become entitled to the mailing privilege under subsection

(a) as the surviving spouse of such a former President); or

"(B) is the surviving spouse of a former President; and

"(2) 4 years and 6 months after the expiration of the period

for which services and facilities are authorized to be provided

under section 4 of the Presidential Transition Act of 1963 (3

U.S.C. 102 note), in the case of an individual who becomes a

former President after such effective date (including any

surviving spouse of such individual, as described in the

parenthetical matter in paragraph (1)(A))."

1993 - Pub. L. 103-123 designated existing provisions as subsec.

(a), substituted "Subject to subsection (b), a former" for "A

former", and added subsec. (b).

1973 - Pub. L. 93-191 limited the mailing privilege to

nonpolitical mail, extended the privilege to surviving spouse of

former President and provided for acceptance of such mail marked

"Postage and Fees Paid" by the Postal Service for transmission in

the international mails.

EFFECTIVE DATE OF 1993 AMENDMENT

Section 6(c) of Pub. L. 103-123 provided that: "The amendments

made by subsections (a) and (b) [amending this section and

provisions set out as a note under section 102 of Title 3, The

President] shall take effect on October 1, 1993."

EFFECTIVE DATE OF 1973 AMENDMENT

Amendment by Pub. L. 93-191 effective Dec. 27, 1972, see section

14 of Pub. L. 93-191, set out as a note under section 3210 of this

title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 3201, 3216 of this title.

-End-

-CITE-

39 USC Sec. 3215 01/06/03

-EXPCITE-

TITLE 39 - POSTAL SERVICE

PART IV - MAIL MATTER

CHAPTER 32 - PENALTY AND FRANKED MAIL

-HEAD-

Sec. 3215. Lending or permitting use of frank unlawful

-STATUTE-

A person entitled to use a frank may not lend it or permit its

use by any committee, organization, or association, or permit its

use by any person for the benefit or use of any committee,

organization, or association. This section does not apply to any

standing, select, special, or joint committee, or subcommittee

thereof, or commission, of the Senate, House of Representatives, or

Congress, composed of Members of Congress, or to the Democratic

caucus or the Republican conference of the House of Representatives

or of the Senate.

-SOURCE-

(Pub. L. 91-375, Aug. 12, 1970, 84 Stat. 754; Pub. L. 93-191, Sec.

10, Dec. 18, 1973, 87 Stat. 746.)

-MISC1-

AMENDMENTS

1973 - Pub. L. 93-191 substituted provision for nonapplication of

section to "any standing, select, special, or joint committee, or

subcommittee thereof, or commission, of the Senate, House of

Representatives, or Congress, composed of Members of Congress, or

to the Democratic caucus or the Republican conference of the House

of Representatives or of the Senate" for such nonapplication to

"any committee composed of Members of Congress".

EFFECTIVE DATE OF 1973 AMENDMENT

Amendment by Pub. L. 93-191 effective Dec. 18, 1973, see section

14 of Pub. L. 93-191, set out as a note under section 3210 of this

title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 3201, 3210 of this title;

title 2 sections 501, 502.

-End-

-CITE-

39 USC Sec. 3216 01/06/03

-EXPCITE-

TITLE 39 - POSTAL SERVICE

PART IV - MAIL MATTER

CHAPTER 32 - PENALTY AND FRANKED MAIL

-HEAD-

Sec. 3216. Reimbursement for franked mailings

-STATUTE-

(a) The equivalent of -

(1) postage on, and fees and charges in connection with, mail

matter sent through the mails -

(A) under the franking privilege (other than under section

3219 of this title), by the Vice President, Members of and

Members-elect to Congress, the Secretary of the Senate, the

Sergeant at Arms of the Senate, each of the elected officers of

the House of Representatives (other than a Member of the

House), the Legislative Counsels of the House of

Representatives and the Senate, the Law Revision Counsel of the

House of Representatives, and the Senate Legal Counsel; and

(B) by the survivors of a Member of Congress under section

3218 of this title; and

(2) those portions of fees and charges to be paid for handling

and delivery by the Postal Service of Mailgrams considered as

franked mail under section 3219 of this title;

shall be paid by appropriations for the official mail costs of the

Senate and the House of Representatives for that purpose and then

paid to the Postal Service as postal revenue. Except as to

Mailgrams and except as provided by sections 733 and 907 of title

44, envelopes, wrappers, cards, or labels used to transmit franked

mail shall bear, in the upper right-hand corner, the sender's

signature, or a facsimile thereof.

(b) Postage on, and fees and charges in connection with, mail

matter sent through the mails under section 3214 of this title

shall be paid each fiscal year, out of any appropriation made for

that purpose, to the Postal Service as postal revenue in an amount

equivalent to the postage, fees, and charges which would otherwise

be payable on, or in connection with, such mail matter.

(c) Payment under subsection (a) or (b) of this section shall be

deemed payment for all matter mailed under the frank and for all

fees and charges due the Postal Service in connection therewith.

(d) Money collected for matter improperly mailed under the

franking privilege shall be deposited as miscellaneous receipts in

the general fund of the Treasury.

(e)(1) Not later than two weeks after the last day of each

quarter of the fiscal year, or as soon as practicable thereafter,

the Postmaster General shall send to the Chief Administrative

Officer of the House of Representatives, the House Commission on

Congressional Mailing Standards, the Secretary of the Senate, and

the Senate Committee on Rules and Administration a report which

shall contain a tabulation of the estimated number of pieces and

costs of franked mail, as defined in section 3201 of this title, in

each mail classification sent through the mail for that quarter and

for the preceding quarters in the fiscal year, together with

separate tabulations of the number of pieces and costs of such mail

sent by the House and by the Senate.

(2) Two weeks after the close of the second quarter of the fiscal

year, or as soon as practicable thereafter, the Postmaster General

shall send to the Chief Administrative Officer of the House of

Representatives, the House Commission on Congressional Mailing

Standards, the Committee on House Oversight, the Secretary of the

Senate, and the Senate Committee on Rules and Administration, a

statement of the costs of postage on, and fees and charges in

connection with, mail matter sent through the mails as described in

paragraph (1) of this subsection for the preceding two quarters

together with an estimate of such costs for the balance of the

fiscal year. As soon as practicable after receipt of this

statement, the House Commission on Congressional Mailing Standards,

the Committee on House Oversight, and the Senate Committee on Rules

and Administration shall consider promulgating such regulations for

their respective Houses as may be necessary to ensure that total

postage costs, as described in paragraph (1) of this subsection,

will not exceed the amounts available for the fiscal year.

-SOURCE-

(Pub. L. 91-375, Aug. 12, 1970, 84 Stat. 754; Pub. L. 92-51, Sec.

101, July 9, 1971, 85 Stat. 132; Pub. L. 93-191, Sec. 7, Dec. 18,

1973, 87 Stat. 745; Pub. L. 93-255, Sec. 2(a), Mar. 27, 1974, 88

Stat. 52; Pub. L. 95-521, title VII, Sec. 714(b), Oct. 26, 1978, 92

Stat. 1884; Pub. L. 97-69, Sec. 6(a), Oct. 26, 1981, 95 Stat. 1043;

Pub. L. 97-263, Sec. 1(3), Sept. 24, 1982, 96 Stat. 1132; Pub. L.

101-163, title III, Secs. 316(b), formerly Sec. 316(c), 317, Nov.

21, 1989, 103 Stat. 1067, renumbered Sec. 316(b), Pub. L. 101-520,

title III, Sec. 311(h)(3)(B), Nov. 5, 1990, 104 Stat. 2280; Pub. L.

102-90, title III, Sec. 306, Aug. 14, 1991, 105 Stat. 466; Pub. L.

104-186, title II, Sec. 220, Aug. 20, 1996, 110 Stat. 1748.)

-MISC1-

AMENDMENTS

1996 - Subsec. (e). Pub. L. 104-186 substituted "Chief

Administrative Officer of the House of Representatives" for "Clerk

of the House" in pars. (1) and (2) and "House Oversight" for "House

Administration" in two places in par. (2).

1991 - Subsec. (e)(2). Pub. L. 102-90 substituted "paragraph (1)

of this subsection" for "subsection (1) of this section" in two

places.

1990 - Pub. L. 101-520 made technical amendment to Pub. L.

101-163, Sec. 316(b). See 1989 Amendment note below.

1989 - Subsec. (a). Pub. L. 101-163, Sec. 316(b), formerly Sec.

316(c), as renumbered by Pub. L. 101-520, which directed

substitution of "by appropriations for the official mail costs of

the Senate and the House of Representatives" for "by a lump sum

appropriation to the legislative branch" was executed by making the

substitution for "by a lump-sum appropriation to the legislative

branch" to reflect the probable intent of Congress.

Subsec. (e). Pub. L. 101-163, Sec. 317, added subsec. (e).

1982 - Subsec. (a)(1)(A). Pub. L. 97-263 inserted reference to

Law Revision Counsel of House of Representatives.

1981 - Subsec. (a)(1)(B). Pub. L. 97-69 substituted "survivors"

for "surviving spouse".

1978 - Subsec. (a)(1)(A). Pub. L. 95-521 inserted reference to

Senate Legal Counsel.

1974 - Subsec. (a). Pub. L. 93-255 struck out ", and the printed

words 'Postage paid by Congress' " at end of last sentence.

1973 - Subsec. (a). Pub. L. 93-191 incorporated existing text in

provisions designated as par. (1)(A) and (B), substituted in

subpar. (a) reference to elected officers of House of

Representatives (other than a Member of House) for former

references to Clerk of House of Representatives and Sergeant at

Arms of House of Representatives, included in subpar. (A) reference

to Legislative Counsel of Senate, added par. (2) and provision for

the sender's signature, or facsimile thereof, and printed words

"Postage paid by Congress" in upper right-hand corner on

transmitted franked mail.

Subsec. (b). Pub. L. 93-191 added subsec. (b). Former subsec.

(b), which provided that the postage on mail matter sent through

the mails under the franking privilege by former Presidents shall

be paid by reimbursement of the postal revenues each fiscal year

out of the general funds of the Treasury in an amount equivalent to

the postage which would otherwise be payable on the mail matter,

was struck out.

Subsecs. (c), (d). Pub. L. 93-191 added subsecs. (c) and (d).

1971 - Subsec. (a). Pub. L. 92-51 inserted reference to

Legislative Counsel of House of Representatives.

-CHANGE-

CHANGE OF NAME

Committee on House Oversight of House of Representatives changed

to Committee on House Administration of House of Representatives by

House Resolution No. 5, One Hundred Sixth Congress, Jan. 6, 1999.

-MISC2-

EFFECTIVE DATE OF 1989 AMENDMENT

Section 316(b), formerly section 316(c), of Pub. L. 101-163, as

renumbered by Pub. L. 101-520, title III, Sec. 311(h)(3)(B), Nov.

5, 1990, 104 Stat. 2280, provided that the amendment made by that

section is effective Oct. 1, 1989.

EFFECTIVE DATE OF 1978 AMENDMENT

Amendment by Pub. L. 95-521 effective Jan. 3, 1979, see section

717 of Pub. L. 95-521, set out as an Effective Date note under

section 288 of Title 2, The Congress.

EFFECTIVE DATE OF 1973 AMENDMENT

Amendment by Pub. L. 93-191 effective Dec. 18, 1973, except that

subsec. (b) of this section effective Dec. 27, 1972, see section 14

of Pub. L. 93-191, set out as a note under section 3210 of this

title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 3201, 3210, 3219 of this

title; title 2 section 31b-4.

-End-

-CITE-

39 USC Sec. 3217 01/06/03

-EXPCITE-

TITLE 39 - POSTAL SERVICE

PART IV - MAIL MATTER

CHAPTER 32 - PENALTY AND FRANKED MAIL

-HEAD-

Sec. 3217. Correspondence of members of diplomatic corps and

consuls of countries of Postal Union of Americas and Spain

-STATUTE-

Correspondence of the members of the diplomatic corps of the

countries of the Postal Union of the Americas and Spain stationed

in the United States may be reciprocally transmitted in the

domestic mails free of postage, and be entitled to free

registration without right to indemnity in case of loss. The same

privilege is accorded consuls and vice consuls when they are

discharging the function of consuls of countries stationed in the

United States, for official correspondence among themselves, and

with the Government of the United States.

-SOURCE-

(Pub. L. 91-375, Aug. 12, 1970, 84 Stat. 755.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

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

-End-

-CITE-

39 USC Sec. 3218 01/06/03

-EXPCITE-

TITLE 39 - POSTAL SERVICE

PART IV - MAIL MATTER

CHAPTER 32 - PENALTY AND FRANKED MAIL

-HEAD-

Sec. 3218. Franked mail for survivors of Members of Congress

-STATUTE-

Upon the death of a Member of Congress during his term of office,

the surviving spouse of such Member (or, if there is no surviving

spouse, a member of the immediate family of the Member designated

by the Secretary of the Senate or the Clerk of the House of

Representatives, as appropriate, in accordance with rules and

procedures established by the Secretary or the Clerk) may send, for

a period not to exceed 180 days after his death, as franked mail,

nonpolitical correspondence relating to the death of the Member.

-SOURCE-

(Pub. L. 91-375, Aug. 12, 1970, 84 Stat. 755; Pub. L. 93-191, Sec.

11, Dec. 18, 1973, 87 Stat. 746; Pub. L. 97-69, Sec. 6(b), (c)(1),

Oct. 26, 1981, 95 Stat. 1043.)

-MISC1-

AMENDMENTS

1981 - Pub. L. 97-69 substituted "survivors" for "surviving

spouses" in section catchline and, in text, inserted "(or, if there

is no surviving spouse, a member of the immediate family of the

Member designated by the Secretary of the Senate or the Clerk of

the House of Representatives, as appropriate, in accordance with

rules and procedures established by the Secretary or the Clerk)"

after "such Member".

1973 - Pub. L. 93-191 inserted "nonpolitical" before

"correspondence".

EFFECTIVE DATE OF 1973 AMENDMENT

Amendment by Pub. L. 93-191 effective Dec. 18, 1973, see section

14 of Pub. L. 93-191, set out as a note under section 3210 of this

title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 3201, 3216 of this title;

title 2 sections 501, 502.

-End-

-CITE-

39 USC Sec. 3219 01/06/03

-EXPCITE-

TITLE 39 - POSTAL SERVICE

PART IV - MAIL MATTER

CHAPTER 32 - PENALTY AND FRANKED MAIL

-HEAD-

Sec. 3219. Mailgrams

-STATUTE-

Any Mailgram sent by the Vice President, a Member of or

Member-elect to Congress, the Secretary of the Senate, the Sergeant

at Arms of the Senate, an elected officer of the House of

Representatives (other than a Member of the House), the Legislative

Counsel of the House of Representatives or the Senate, the Law

Revision Counsel of the House of Representatives, or the Senate

Legal Counsel, and then delivered by the Postal Service, shall be

considered as franked mail, subject to section 3216(a)(2) of this

title, if such Mailgram contains matter of the kind authorized to

be sent by that official as franked mail under section 3210 of this

title.

-SOURCE-

(Added Pub. L. 93-191, Sec. 12(a), Dec. 18, 1973, 87 Stat. 746;

amended Pub. L. 95-521, title VII, Sec. 714(c), Oct. 26, 1978, 92

Stat. 1884; Pub. L. 97-263, Sec. 1(4), Sept. 24, 1982, 96 Stat.

1132.)

-MISC1-

AMENDMENTS

1982 - Pub. L. 97-263 inserted reference to Law Revision Counsel

of House of Representatives.

1978 - Pub. L. 95-521 inserted reference to Senate Legal Counsel.

EFFECTIVE DATE OF 1978 AMENDMENT

Amendment by Pub. L. 95-521 effective Jan. 3, 1979, see section

717 of Pub. L. 95-521, set out as an Effective Date note under

section 288 of Title 2, The Congress.

EFFECTIVE DATE

Section effective Dec. 18, 1973, see section 14 of Pub. L.

93-191, set out as an Effective Date of 1976 Amendment note under

section 3210 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 3216 of this title; title

2 sections 501, 502.

-End-

-CITE-

39 USC Sec. 3220 01/06/03

-EXPCITE-

TITLE 39 - POSTAL SERVICE

PART IV - MAIL MATTER

CHAPTER 32 - PENALTY AND FRANKED MAIL

-HEAD-

[Sec. 3220. Omitted]

-COD-

CODIFICATION

Section, added Pub. L. 99-87, Sec. 1(a)(1), Aug. 9, 1985, 99

Stat. 290, which related to use of official mail in the location

and recovery of missing children, was omitted in view of

termination of amendment enacting this section by section 5 of Pub.

L. 99-87, as amended. See Termination Date note below.

-MISC1-

TERMINATION DATE

Section 5 of Pub. L. 99-87, as amended by Pub. L. 100-202, Sec.

101(m) [title VI, Sec. 627(a)], Dec. 22, 1987, 101 Stat. 1329-390,

1329-430; Pub. L. 102-514, Sec. 1(2), Oct. 24, 1992, 106 Stat.

3371; Pub. L. 105-126, Sec. 1(2), Dec. 1, 1997, 111 Stat. 2542,

provided that: "The amendments made by section 1 [enacting this

section and amending sections 3201 and 3204 of this title and

section 733 of Title 44, Public Printing and Documents] and any

guidelines, rules, or regulations prescribed to carry out such

amendments shall cease to be effective after December 31, 2002."

-End-