-CITE-
    39 USC CHAPTER 34 - ARMED FORCES AND FREE POSTAGE           01/03/2007

-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      Repealed.]                                            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".

-End-

-CITE-
    39 USC Sec. 3401                                            01/03/2007

-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, or on military aircraft
    at rates not to exceed those so fixed and determined for scheduled
    United States air carriers, 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
    and military aircraft 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 and military aircraft.
      (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, or
    on military aircraft at rates not to exceed those so fixed and
    determined for scheduled United States air carriers, 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
    and military aircraft is not available, any such parcel may be
    transported by other than scheduled United States air carriers and
    military aircraft.
      (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.
      (g) In this section:
        (1) The term "military aircraft" means an aircraft owned,
      operated, or chartered by the Department of Defense.
        (2) The term "United States air carrier" has the meaning given
      the term "air carrier" in section 40102 of title 49.

-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; Pub. L. 108-375, div. A, title X, Sec. 1071, Oct.
    28, 2004, 118 Stat. 2056.)

-MISC1-
                                AMENDMENTS                            
      2004 - Subsec. (b). Pub. L. 108-375, Sec. 1071(a)(1), substituted
    "title 49, or on military aircraft at rates not to exceed those so
    fixed and determined for scheduled United States air carriers," for
    "title 49," in introductory provisions and "carriers and military
    aircraft" for "carriers" in two places in concluding provisions.
      Subsec. (c). Pub. L. 108-375, Sec. 1071(a)(2), in first sentence,
    substituted "title 49, or on military aircraft at rates not to
    exceed those so fixed and determined for scheduled United States
    air carriers," for "title 49," and, in second sentence, inserted
    "and military aircraft" after "by scheduled United States air
    carriers" and substituted "by other than scheduled United States
    air carriers and military aircraft" for "by air carriers other than
    scheduled United States air carriers".
      Subsec. (g). Pub. L. 108-375, Sec. 1071(b), added subsec. (g).
      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                                            01/03/2007

-EXPCITE-
    TITLE 39 - POSTAL SERVICE
    PART IV - MAIL MATTER
    CHAPTER 34 - ARMED FORCES AND FREE POSTAGE

-HEAD-
    Sec. 3402. Repealed.

-MISC1-
    [Sec. 3402. Repealed. Pub. L. 96-70, title I, Sec. 1331(e)(3)(A),
      Sept. 27, 1979, 93 Stat. 482].
      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-

-CITE-
    39 USC Sec. 3403                                            01/03/2007

-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.)

-End-

-CITE-
    39 USC Sec. 3404                                            01/03/2007

-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.)

-End-

-CITE-
    39 USC Sec. 3405                                            01/03/2007

-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.)

-End-

-CITE-
    39 USC Sec. 3406                                            01/03/2007

-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.

-End-