39 U.S.C. § 3216 — Reimbursement for franked mailings

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- Page 95 TITLE 39—POSTAL SERVICE § 3218 bered § 316(b), Pub. L. 101–520, title III, § 311(h)(3)(B), Nov. 5, 1990, 104 Stat. 2280; Pub. L. 102–90, title III, § 306, Aug. 14, 1991, 105 Stat. 466; Pub. L. 104–186, title II, § 220, Aug. 20, 1996, 110 Stat. 1748; Pub. L. 116–260, div. I, title I, § 116(b)(2)(A)(ii), Dec. 27, 2020, 134 Stat. 1637.) Editorial Notes AMENDMENTS 2020—Subsec. (e). Pub. L. 116–260 substituted ‘‘House Communications Standards Commission’’ for ‘‘House Commission on Congressional Mailing Standards’’ wherever appearing. 1996—Subsec. (e). Pub. L. 104–186 substituted ‘‘Chief Administrative Officer of the House of Representa- tives’’ 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 ‘‘para- graph (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, § 316(b). See 1989 Amendment note below. 1989—Subsec. (a). Pub. L. 101–163, § 316(b), formerly § 316(c), as renumbered by Pub. L. 101–520, which di- rected substitution of ‘‘by appropriations for the offi- cial mail costs of the Senate and the House of Rep- resentatives’’ for ‘‘by a lump sum appropriation to the legislative branch’’ was executed by making the substi- tution for ‘‘by a lump-sum appropriation to the legisla- tive branch’’ to reflect the probable intent of Congress. Subsec. (e). Pub. L. 101–163, § 317, added subsec. (e). 1982—Subsec. (a)(1)(A). Pub. L. 97–263 inserted ref- erence to Law Revision Counsel of House of Represent- atives. 1981—Subsec. (a)(1)(B). Pub. L. 97–69 substituted ‘‘sur- vivors’’ for ‘‘surviving spouse’’. 1978—Subsec. (a)(1)(A). Pub. L. 95–521 inserted ref- erence 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), sub- stituted 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 Rep- resentatives and Sergeant at Arms of House of Rep- resentatives, included in subpar. (A) reference to Legis- lative 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 reim- bursement of the postal revenues each fiscal year out of the general funds of the Treasury in an amount equiva- lent 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. Statutory Notes and Related Subsidiaries CHANGE OF NAME Committee on House Oversight of House of Rep- resentatives changed to Committee on House Adminis- tration of House of Representatives by House Resolu- tion No. 5, One Hundred Sixth Congress, Jan. 6, 1999. EFFECTIVE DATE OF 2020 AMENDMENT Amendment by Pub. L. 116–260 applicable with re- spect to communications disseminated on or after Dec. 27, 2020, see section 116(f) of div. I of Pub. L. 116–260, set out as a note under section 501 of Title 2, The Congress. EFFECTIVE DATE OF 1989 AMENDMENT Pub. L. 101–163, title III, § 316(b), formerly § 316(c), Nov. 21, 1989, 103 Stat. 1067, renumbered § 316(b), Pub. L. 101–520, title III, § 311(h)(3)(B), Nov. 5, 1990, 104 Stat. 2280, provided that the amendment made by that sec- tion 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. 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. § 3217. Correspondence of members of diplomatic corps and consuls of countries of Postal Union of Americas and Spain Correspondence of the members of the diplo- matic 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 en- titled to free registration without right to in- demnity in case of loss. The same privilege is ac- corded consuls and vice consuls when they are discharging the function of consuls of countries stationed in the United States, for official cor- respondence among themselves, and with the Government of the United States. (Pub. L. 91–375, Aug. 12, 1970, 84 Stat. 755.) 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. FREE MAILING PRIVILEGES CONTINUE UNCHANGED Pub. L. 109–435, title V, § 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.’’ § 3218. Franked mail for survivors of Members of Congress Upon the death of a Member of Congress dur- ing 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 Mem- ber designated by the Secretary of the Senate or the Clerk of the House of Representatives, as ap- propriate, in accordance with rules and proce- dures 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.