39 U.S.C. § 3204 — Restrictions on use of penalty mail

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