39 U.S.C. § 3214 — Mailing privilege of former President; sur-

Page 93 TITLE 39—POSTAL SERVICE § 3214 Statutory Notes and Related Subsidiaries 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. EFFECTIVE DATE Section effective July 1, 1971, pursuant to Resolution No. 71–9 of the Board of Governors. See section 15(a) of Pub. L. 91–375, set out as a note preceding section 101 of this title. § 3212. Congressional Record under frank of Members of Congress (a) Members of Congress may send the Con- gressional 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 re- ports contained therein, if such matter is mail- able as franked mail under section 3210 of this title. (Pub. L. 91–375, Aug. 12, 1970, 84 Stat. 754; Pub. L. 93–191, § 3, Dec. 18, 1973, 87 Stat. 741.) Editorial Notes 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 send- ing, 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. Statutory Notes and Related Subsidiaries 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. EFFECTIVE DATE Section effective July 1, 1971, pursuant to Resolution No. 71–9 of the Board of Governors. See section 15(a) of Pub. L. 91–375, set out as a note preceding section 101 of this title. § 3213. Seeds and reports from Department of Ag- riculture Seeds and agricultural reports emanating from the Department of Agriculture may be mailed— (1) as penalty mail by the Secretary of Agri- culture; and (2) during the 90-day period immediately fol- lowing the expiration of their terms of office, as franked mail by Members of Congress. (Pub. L. 91–375, Aug. 12, 1970, 84 Stat. 754; Pub. L. 97–69, § 5(b), Oct. 26, 1981, 95 Stat. 1043.) Editorial Notes AMENDMENTS 1981—Par. (2). Pub. L. 97–69 substituted ‘‘during the 90-day period immediately’’ for ‘‘until the thirtieth day of June’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective July 1, 1971, pursuant to Resolution No. 71–9 of the Board of Governors. See section 15(a) of Pub. L. 91–375, set out as a note preceding section 101 of this title. § 3214. Mailing privilege of former President; sur- viving spouse of former President 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. (Pub. L. 91–375, Aug. 12, 1970, 84 Stat. 754; Pub. L. 93–191, § 4(a), Dec. 18, 1973, 87 Stat. 742; Pub. L. 103–123, title IV, § 6(b), Oct. 28, 1993, 107 Stat. 1246; Pub. L. 105–61, title IV, § 409(b), Oct. 10, 1997, 111 Stat. 1299.) Editorial Notes AMENDMENTS 1997—Pub. L. 105–61 struck out subsec. (a) designa- tion, substituted ‘‘A former President’’ for ‘‘Subject to subsection (b), a former President’’, and struck out sub- sec. (b) which read as follows: ‘‘Subsection (a) shall cease to apply— ‘‘(1) 5 years after the effective date of this sub- section, in the case of any individual who, on such ef- fective date— ‘‘(A) is a former President (including any indi- vidual 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 par- enthetical 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. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1993 AMENDMENT Pub. L. 103–123, title IV, § 6(c), Oct. 28, 1993, 107 Stat. 1247, provided that: ‘‘The amendments made by sub- sections (a) and (b) [amending this section and provi- sions 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. EFFECTIVE DATE Section effective July 1, 1971, pursuant to Resolution No. 71–9 of the Board of Governors. See section 15(a) of Pub. L. 91–375, set out as a note preceding section 101 of this title. Page 94 TITLE 39—POSTAL SERVICE § 3215 § 3215. Lending or permitting use of frank unlaw- ful A person entitled to use a frank may not lend it or permit its use by any committee, organiza- tion, 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 Representa- tives, or Congress, composed of Members of Con- gress, or to the Democratic caucus or the Repub- lican conference of the House of Representatives or of the Senate. (Pub. L. 91–375, Aug. 12, 1970, 84 Stat. 754; Pub. L. 93–191, § 10, Dec. 18, 1973, 87 Stat. 746.) Editorial Notes AMENDMENTS 1973—Pub. L. 93–191 substituted provision for non- application of section to ‘‘any standing, select, special, or joint committee, or subcommittee thereof, or com- mission, 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 Mem- bers of Congress’’. Statutory Notes and Related Subsidiaries 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. EFFECTIVE DATE Section effective July 1, 1971, pursuant to Resolution No. 71–9 of the Board of Governors. See section 15(a) of Pub. L. 91–375, set out as a note preceding section 101 of this title. § 3216. Reimbursement for franked mailings (a) The equivalent of— (1) postage on, and fees and charges in con- nection 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 Sen- ate, 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 Coun- sel; and (B) by the survivors of a Member of Con- gress 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 Rep- resentatives 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 send- er’s signature, or a facsimile thereof. (b) Postage on, and fees and charges in connec- tion 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 pay- able on, or in connection with, such mail mat- ter. (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 de- posited 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 Gen- eral shall send to the Chief Administrative Offi- cer of the House of Representatives, the House Communications Standards Commission, the Secretary of the Senate, and the Senate Com- mittee on Rules and Administration a report which shall contain a tabulation of the esti- mated 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 tabula- tions 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 prac- ticable thereafter, the Postmaster General shall send to the Chief Administrative Officer of the House of Representatives, the House Commu- nications Standards Commission, the Com- mittee 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 de- scribed in paragraph (1) of this subsection for the preceding two quarters together with an es- timate of such costs for the balance of the fiscal year. As soon as practicable after receipt of this statement, the House Communications Stand- ards Commission, 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 sub- section, will not exceed the amounts available for the fiscal year. (Pub. L. 91–375, Aug. 12, 1970, 84 Stat. 754; Pub. L. 92–51, § 101, July 9, 1971, 85 Stat. 132; Pub. L. 93–191, § 7, Dec. 18, 1973, 87 Stat. 745; Pub. L. 93–255, § 2(a), Mar. 27, 1974, 88 Stat. 52; Pub. L. 95–521, title VII, § 714(b), Oct. 26, 1978, 92 Stat. 1884; Pub. L. 97–69, § 6(a), Oct. 26, 1981, 95 Stat. 1043; Pub. L. 97–263, § 1(3), Sept. 24, 1982, 96 Stat. 1132; Pub. L. 101–163, title III, §§ 316(b), formerly § 316(c), 317, Nov. 21, 1989, 103 Stat. 1067, renum-