-CITE-
    39 USC CHAPTER 32 - PENALTY AND FRANKED MAIL                01/03/2007

-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.       Use of official mail in the location and recovery of
                 missing children.                                    

                                AMENDMENTS                            
      1985 - Pub. L. 99-87, Sec. 1(a)(2), Aug. 9, 1985, 99 Stat. 290,
    added item 3220.
      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.

-End-



-CITE-
    39 USC Sec. 3201                                            01/03/2007

-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;
        (5) "Members of Congress" includes Senators, Representatives,
      Delegates, and Resident Commissioners; and
        (6) "missing child" has the meaning provided by section 403(1)
      of the Juvenile Justice and Delinquency Prevention Act of 1974.

-SOURCE-
    (Pub. L. 91-375, Aug. 12, 1970, 84 Stat. 751; Pub. L. 99-87, Sec.
    1(b), Aug. 9, 1985, 99 Stat. 291.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Section 403(1) of the Juvenile Justice and Delinquency Prevention
    Act of 1974, referred to in par. (6), is classified to section
    5772(1) of Title 42, The Public Health and Welfare.


-MISC1-
                                AMENDMENTS                            
      1985 - Par. (6). Pub. L. 99-87 added par. (6).

                              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.

-End-



-CITE-
    39 USC Sec. 3202                                            01/03/2007

-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.

-End-



-CITE-
    39 USC Sec. 3203                                            01/03/2007

-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                                            01/03/2007

-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 or section
    3220(a) of this title, 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 substituted "section or section
    3220(a) of this title," for "section," in introductory provisions.


-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.

-End-



-CITE-
    39 USC Sec. 3205                                            01/03/2007

-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                                            01/03/2007

-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                                            01/03/2007

-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                                            01/03/2007

-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                                            01/03/2007

-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                                            01/03/2007

-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; Pub. L. 109-435, title
    X, Sec. 1010(g)(4), Dec. 20, 2006, 120 Stat. 3262.)


-MISC1-
                                AMENDMENTS                            
      2006 - Subsec. (a)(6)(C). Pub. L. 109-435 substituted "is
    postmarked fewer" for "is mailed fewer".
      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). Pub. L. 101-163, Sec. 318(3), which
    directed the substitution of "is postmarked fewer" for "is mailed
    fewer" in subparagraph (c) of subsec. (a)(6) of this section, was
    not executed because subsec. (a)(6) does not have a subparagraph
    (c). See 2006 Amendment note above.
      Subsec. (a)(6)(A)(i), (ii)(II). Pub. L. 101-163, Sec. 318(1),
    (2), 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."]

-End-



-CITE-
    39 USC Sec. 3211                                            01/03/2007

-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.

-End-



-CITE-
    39 USC Sec. 3212                                            01/03/2007

-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.

-End-



-CITE-
    39 USC Sec. 3213                                            01/03/2007

-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".

-End-



-CITE-
    39 USC Sec. 3214                                            01/03/2007

-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.

-End-



-CITE-
    39 USC Sec. 3215                                            01/03/2007

-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.

-End-



-CITE-
    39 USC Sec. 3216                                            01/03/2007

-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.

-End-



-CITE-
    39 USC Sec. 3217                                            01/03/2007

-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.)


-MISC1-
                FREE MAILING PRIVILEGES CONTINUE UNCHANGED            
      Pub. L. 109-435, title V, Sec. 505(c), Dec. 20, 2006, 120 Stat.
    3236, provided that: "Nothing in this Act [see Tables for
    classification] or any amendment made by this Act shall affect any
    free mailing privileges accorded under section 3217 or sections
    3403 through 3406 of title 39, United States Code."

-End-



-CITE-
    39 USC Sec. 3218                                            01/03/2007

-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.

-End-



-CITE-
    39 USC Sec. 3219                                            01/03/2007

-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.

-End-



-CITE-
    39 USC Sec. 3220                                            01/03/2007

-EXPCITE-
    TITLE 39 - POSTAL SERVICE
    PART IV - MAIL MATTER
    CHAPTER 32 - PENALTY AND FRANKED MAIL

-HEAD-
    Sec. 3220. Use of official mail in the location and recovery of
      missing children

-STATUTE-
      (a)(1) The Office of Juvenile Justice and Delinquency Prevention,
    after consultation with appropriate public and private agencies,
    shall prescribe general guidelines under which penalty mail may be
    used to assist in the location and recovery of missing children.
    The guidelines shall provide information relating to - 
        (A) the form and manner in which materials and information
      relating to missing children (such as biographical data and
      pictures, sketches, or other likenesses) may be included in
      penalty mail;
        (B) appropriate sources from which such materials and
      information may be obtained;
        (C) the procedures by which such materials and information may
      be obtained; and
        (D) any other matter which the Office considers appropriate.

      (2) Each executive department and independent establishment of
    the Government of the United States shall prescribe regulations
    under which penalty mail sent by such department or establishment
    may be used in conformance with the guidelines prescribed under
    paragraph (1).
      (b) The Senate Committee on Rules and Administration and the
    House Commission on Congressional Mailing Standards shall prescribe
    for their respective Houses rules and regulations, and shall take
    such other action as the Committee or Commission considers
    necessary and proper, in order that purposes similar to those of
    subsection (a) may, in the discretion of the congressional official
    or office concerned, be carried out by the use of franked mail sent
    by such official or office.
      (c) As used in this section, "Office of Juvenile Justice and
    Delinquency Prevention" and "Office" each means the Office of
    Juvenile Justice and Delinquency Prevention within the Department
    of Justice, as established by section 201 of the Juvenile Justice
    and Delinquency Prevention Act of 1974.

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

-REFTEXT-
                            REFERENCES IN TEXT                        
      Section 201 of the Juvenile Justice and Delinquency Prevention
    Act of 1974, referred to in subsec. (c), is section 201 of Pub. L.
    93-415, which enacted section 5611 of Title 42, The Public Health
    and Welfare, and amended section 5108 of Title 5, Government
    Organization and Employees.


-MISC1-
                             TERMINATION DATE                         
      Pub. L. 99-87, Sec. 5, Aug. 9, 1985, 99 Stat. 290, 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, which provided that the amendments made by
    section 1 of Pub. L. 99-87, 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 were to cease
    to be effective after December 31, 2002, was repealed by Pub. L.
    109-426, Sec. 1, Dec. 20, 2006, 120 Stat. 2911.

              ISSUANCE OF GUIDELINES, RULES, AND REGULATIONS          
      Pub. L. 99-87, Sec. 2, Aug. 9, 1985, 99 Stat. 291, provided that:
      "(a) Guidelines. - The guidelines described in section 3220(a)(1)
    of title 39, United States Code, as added by this Act, shall be
    prescribed not later than ninety days after the date of the
    enactment of this Act (Aug. 9, 1985).
      "(b) Rules and Regulations. - The regulations described in
    subsection (a)(2) of section 3220 of title 39, United States Code,
    as added by this Act, and the rules and regulations described in
    subsection (b) of such section, as so added, shall be prescribed
    not later than one hundred and eighty days after the date of the
    enactment of this Act (Aug. 9, 1985)."

                          REPORTING REQUIREMENTS                      
      Pub. L. 99-87, Sec. 3, Aug. 9, 1985, 99 Stat. 291, as amended by
    Pub. L. 100-202, Sec. 101(m) (title VI, Sec. 627(b)), Dec. 22,
    1987, 101 Stat. 1329-390, 1329-430; Pub. L. 102-514, Sec. 1(1),
    Oct. 24, 1992, 106 Stat. 3371; Pub. L. 105-126, Sec. 1(1), Dec. 1,
    1997, 111 Stat. 2542, required the Office of Juvenile Justice and
    Delinquency Prevention, the Senate Committee on Rules and
    Administration, and the House Commission on Congressional Mailing
    Standards each to submit a report no later than June 30, 2002, on
    the authority provided by this section.

       CLARIFICATION RELATING TO COORDINATION OF GOVERNMENT PROGRAMS   
      Pub. L. 99-87, Sec. 4, Aug. 9, 1985, 99 Stat. 292, provided that:
    "Notwithstanding any other provision of law, the authority provided
    by section 3220(b) of title 39, United States Code, as added by
    this Act, shall not be considered to be subject to the authority of
    any agency within the executive branch of the Government of the
    United States to coordinate programs relating to missing children."

-End-