39 U.S.C. § 3218 — Franked mail for survivors of Members of

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. Page 96 TITLE 39—POSTAL SERVICE § 3219 (Pub. L. 91–375, Aug. 12, 1970, 84 Stat. 755; Pub. L. 93–191, § 11, Dec. 18, 1973, 87 Stat. 746; Pub. L. 97–69, § 6(b), (c)(1), Oct. 26, 1981, 95 Stat. 1043.) Editorial Notes AMENDMENTS 1981—Pub. L. 97–69 substituted ‘‘survivors’’ for ‘‘sur- viving spouses’’ in section catchline and, in text, in- serted ‘‘(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’’. 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. § 3219. Mailgrams 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 au- thorized to be sent by that official as franked mail under section 3210 of this title. (Added Pub. L. 93–191, § 12(a), Dec. 18, 1973, 87 Stat. 746; amended Pub. L. 95–521, title VII, § 714(c), Oct. 26, 1978, 92 Stat. 1884; Pub. L. 97–263, § 1(4), Sept. 24, 1982, 96 Stat. 1132.) Editorial Notes AMENDMENTS 1982—Pub. L. 97–263 inserted reference to Law Revi- sion Counsel of House of Representatives. 1978—Pub. L. 95–521 inserted reference to Senate Legal Counsel. Statutory Notes and Related Subsidiaries 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 Amend- ment note under section 3210 of this title. § 3220. Use of official mail in the location and re- covery of missing children (a)(1) The Office of Juvenile Justice and Delin- quency Prevention, after consultation with ap- propriate public and private agencies, shall pre- scribe 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 ma- terials 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 con- siders appropriate. (2) Each executive department and inde- pendent 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 Ad- ministration and the House Communications Standards Commission 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 sub- section (a) may, in the discretion of the congres- sional 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 ‘‘Of- fice’’ each means the Office of Juvenile Justice and Delinquency Prevention within the Depart- ment of Justice, as established by section 201 of the Juvenile Justice and Delinquency Preven- tion Act of 1974. (Added Pub. L. 99–87, § 1(a)(1), Aug. 9, 1985, 99 Stat. 290; Pub. L. 116–260, div. I, title I, § 116(b)(2)(A)(iii), Dec. 27, 2020, 134 Stat. 1637.) Editorial Notes REFERENCES IN TEXT Section 201 of the Juvenile Justice and Delinquency Prevention Act of 1974, referred to in subsec. (c), is sec- tion 201 of Pub. L. 93–415, which enacted section 11111 of Title 34, Crime Control and Law Enforcement, and amended section 5108 of Title 5, Government Organiza- tion and Employees. AMENDMENTS 2020—Subsec. (b). Pub. L. 116–260 substituted ‘‘House Communications Standards Commission’’ for ‘‘House Commission on Congressional Mailing Standards’’. Statutory Notes and Related Subsidiaries 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. TERMINATION DATE Pub. L. 99–87, § 5, Aug. 9, 1985, 99 Stat. 290, as amended by Pub. L. 100–202, § 101(m) [title VI, § 627(a)], Dec. 22, 1987, 101 Stat. 1329–390, 1329–430; Pub. L. 102–514, § 1(2), Oct. 24, 1992, 106 Stat. 3371; Pub. L. 105–126, § 1(2), Dec.