39 U.S.C. § 3206 — Reimbursement for penalty mail service

Page 86 TITLE 39—POSTAL SERVICE § 3203 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. § 3203. Endorsements on penalty covers (a) Except as otherwise provided in this sec- tion, 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 en- dorsement to be placed on covers mailed under clauses (1)(E), (2), and (3) of section 3202(a) of this title. (Pub. L. 91–375, Aug. 12, 1970, 84 Stat. 752.) 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. § 3204. Restrictions on use of penalty mail (a) Except as otherwise provided in this sec- tion or section 3220(a) of this title, an officer, ex- ecutive department, or independent establish- ment 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 re- ceived by the department or establishment; or (2) its mailings is required by law. (b) Subsection (a) of this section does not pro- hibit the mailing, as penalty mail, by an officer, executive department, or independent agency of— (1) enclosures reasonably related to the sub- ject 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 Govern- ment securities; (4) forms, blanks, and copies of statutes, rules, regulations, instructions, administra- tive orders, and interpretations necessary in the administration of the department or es- tablishment; (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 re- ports offered for sale by the Federal Power Commission as authorized by section 825k of title 16; or (8) articles or documents to educational in- stitutions or public libraries, or to Federal, State, or other public authorities. (Pub. L. 91–375, Aug. 12, 1970, 84 Stat. 752; Pub. L. 99–87, § 1(c)(1), Aug. 9, 1985, 99 Stat. 291.) Editorial Notes AMENDMENTS 1985—Subsec. (a). Pub. L. 99–87 substituted ‘‘section or section 3220(a) of this title,’’ for ‘‘section,’’ in intro- ductory provisions. 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. TRANSFER OF FUNCTIONS The Federal Power Commission was terminated, and its functions, personnel, property, funds, etc., were transferred to the Secretary of Energy (except for cer- tain functions which were transferred to the Federal Energy Regulatory Commission) by sections 7151(b), 7171(a), 7172(a), 7291, and 7293 of Title 42, The Public Health and Welfare. § 3205. Accounting for penalty covers Executive departments and agencies, inde- pendent establishments of the Government of the United States, and organizations and per- sons authorized by law to use penalty mail, shall account for all penalty covers through the Post- al Service. (Pub. L. 91–375, Aug. 12, 1970, 84 Stat. 753.) 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. § 3206. Reimbursement for penalty mail service (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 corpora- tions concerned, shall transfer to the Postal Service as postal revenue out of any appropria- tions 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 Serv- ice, 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 trans- fer to the Postal Service as postal revenues out Page 87 TITLE 39—POSTAL SERVICE § 3210 of any appropriations made to it for that pur- pose the equivalent amount of postage, as deter- mined by the Postal Service, for penalty mail- ings 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. (Pub. L. 91–375, Aug. 12, 1970, 84 Stat. 753; Pub. L. 93–191, § 9, Dec. 18, 1973, 87 Stat. 745; Pub. L. 94–553, § 105(e), Oct. 19, 1976, 90 Stat. 2599.) Editorial Notes AMENDMENTS 1976—Subsec. (a). Pub. L. 94–553 substituted ‘‘sub- section (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). Statutory Notes and Related Subsidiaries 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. 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. § 3207. Limit of weight of penalty mail; postage on overweight matter (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 cir- culated 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 pre- scribed for mail matter; and (3) otherwise mailable; is mailable at rates for that class of mail enti- tled to the lowest priority in handling and deliv- ery, even though it may include written matter and may be sealed. (Pub. L. 91–375, Aug. 12, 1970, 84 Stat. 753.) 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. § 3208. Shipment by most economical means Shipments of official matter other than franked mail shall be sent by the most economi- cal means of transportation practicable. The Postal Service may refuse to accept official matter for shipment by mail when in its judg- ment 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 serv- ice. (Pub. L. 91–375, Aug. 12, 1970, 84 Stat. 753.) 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. § 3209. Executive departments to supply informa- tion Persons and governmental organizations au- thorized to use penalty mail shall supply all in- formation requested by the Postal Service nec- essary to carry out the provisions of this chap- ter as soon as practicable after request therefor. (Pub. L. 91–375, Aug. 12, 1970, 84 Stat. 754.) 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. § 3210. Franked mail transmitted by the Vice President, Members of Congress, and con- gressional officials (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 as- sist and expedite the conduct of the official busi- ness, 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 Con- gress 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 func- tions. (3) It is the intent of the Congress that mail matter which is frankable specifically includes, but is not limited to—