§ 3210. — Franked mail transmitted by the Vice President, Members of Congress, and congressional officials.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 39USC3210]
TITLE 39--POSTAL SERVICE
PART IV--MAIL MATTER
CHAPTER 32--PENALTY AND FRANKED MAIL
Sec. 3210. Franked mail transmitted by the Vice President,
Members of Congress, and congressional 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 assist and expedite the conduct of the official business,
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 Congress 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 functions.
(3) It is the intent of the Congress that mail matter which is
frankable specifically includes, but is not limited to--
(A) mail matter to any person and to all agencies and officials
of Federal, State, and local governments regarding programs,
decisions, and other related matters of public concern or public
service, including any matter relating to actions of a past or
current Congress;
(B) the usual and customary congressional newsletter or press
release which may deal with such matters as the impact of laws and
decisions on State and local governments and individual citizens;
reports on public and official actions taken by Members of Congress;
and discussions of proposed or pending legislation or governmental
actions and the positions of the Members of Congress on, and
arguments for or against, such matters;
(C) the usual and customary congressional questionnaire seeking
public opinion on any law, pending or proposed legislation, public
issue, or subject;
(D) mail matter dispatched by a Member of Congress between his
Washington office and any congressional district offices, or between
his district offices;
(E) mail matter directed by one Member of Congress to another
Member of Congress or to representatives of the legislative bodies
of State and local governments;
(F) mail matter expressing congratulations to a person who has
achieved some public distinction;
(G) mail matter, including general mass mailings, which consists
of Federal laws, Federal regulations, other Federal publications,
publications purchased with Federal funds, or publications
containing items of general information;
(H) mail matter which consists of voter registration or election
information or assistance prepared and mailed in a nonpartisan
manner;
(I) mail matter which constitutes or includes a biography or
autobiography of any Member of, or Member-elect to, Congress or any
biographical or autobiographical material concerning such Member or
Member-elect or the spouse or other members of the family of such
Member or Member-elect, and which is so mailed as a part of a
Federal publication or in response to a specific request therefor
and is not included for publicity purposes in a newsletter or other
general mass mailing of the Member or Member-elect under the
franking privilege; or
(J) mail matter which contains a picture, sketch, or other
likeness of any Member or Member-elect and which is so mailed as a
part of a Federal publication or in response to a specific request
therefor and, when contained in a newsletter or other general mass
mailing of any Member or Member-elect, is not of such size, or does
not occur with such frequency in the mail matter concerned, as to
lead to the conclusion that the purpose of such picture, sketch, or
likeness is to advertise the Member or Member-elect rather than to
illustrate accompanying text.
(4) It is the intent of the Congress that the franking privilege
under this section shall not permit, and may not be used for, the
transmission through the mails as franked mail, of matter which in its
nature is purely personal to the sender or to any other person and is
unrelated to the official business, activities, and duties of the public
officials covered by subsection (b)(1) of this section.
(5) It is the intent of the Congress that a Member of or Member-
elect to Congress may not mail as franked mail--
(A) mail matter which constitutes or includes any article,
account, sketch, narration, or other text laudatory and
complimentary of any Member of, or Member-elect to, Congress on a
purely personal or political basis rather than on the basis of
performance of official duties as a Member or on the basis of
activities as a Member-elect;
(B) mail matter which constitutes or includes--
(i) greetings from the spouse or other members of the family
of such Member or Member-elect unless it is a brief reference in
otherwise frankable mail;
(ii) reports of how or when such Member or Member-elect, or
the spouse or any other member of the family of such Member or
Member-elect, spends time other than in the performance of, or
in connection with, the legislative, representative, and other
official functions of such Member or the activities of such
Member-elect as a Member-elect; or
(iii) any card expressing holiday greetings from such Member
or Member-elect; or
(C) mail matter which specifically solicits political support
for the sender or any other person or any political party, or a vote
or financial assistance for any candidate for any public office.
The House Commission on Congressional Mailing Standards and the Select
Committee on Standards and Conduct of the Senate shall prescribe for
their respective Houses such rules and regulations and shall take such
other action, as the Commission or Committee considers necessary and
proper for the Members and Members-elect to conform to the provisions of
this clause and applicable rules and regulations. Such rules and
regulations shall include, but not be limited to, provisions prescribing
the time within which such mailings shall be mailed at or delivered to
any postal facility to attain compliance with this clause and the time
when such mailings shall be deemed to have been so mailed or delivered
and such compliance attained.
(6)(A) It is the intent of Congress that a Member of, or Member-
elect to, Congress may not mail any mass mailing as franked mail--
(i) if the mass mailing is postmarked fewer than 60 days (or, in
the case of a Member of the House, fewer than 90 days) immediately
before the date of any primary election or general election (whether
regular, special, or runoff) in which the Member is a candidate for
reelection; or
(ii) in the case of a Member of, or Member-elect to, the House
who is a candidate for any other public office, if the mass
mailing--
(I) is prepared for delivery within any portion of the
jurisdiction of or the area covered by the public office which
is outside the area constituting the congressional district from
which the Member or Member-elect was elected; or
(II) is postmarked fewer than 90 days immediately before the
date of any primary election or general election (whether
regular, special, or runoff) in which the Member or Member-elect
is a candidate for any other public office.
(B) Any mass mailing which is mailed by the chairman of any
organization referred to in the last sentence of section 3215 of this
title which relates to the normal and regular business of the
organization may be mailed without regard to the provisions of this
paragraph.
(C) No Member of the Senate may mail any mass mailing as franked
mail if such mass mailing is postmarked fewer than 60 days immediately
before the date of any primary election or general election (whether
regular, special, or runoff) for any national, State or local office in
which such Member is a candidate for election.
(D) The Select Committee on Ethics of the Senate and the House
Commission on Congressional Mailing Standards shall prescribe for their
respective Houses rules and regulations, and shall take other action as
the Committee or the Commission considers necessary and proper for
Members and Members-elect to comply with the provisions of this
paragraph and applicable rules and regulations. The rules and
regulations shall include provisions prescribing the time within which
mailings shall be mailed at or delivered to any postal facility and the
time when the mailings shall be deemed to have been mailed or delivered
to comply with the provisions of this paragraph.
(E) As used in this section, the term ``mass mailing'' means, with
respect to a session of Congress, any mailing of newsletters or other
pieces of mail with substantially identical content (whether such mail
is deposited singly or in bulk, or at the same time or different times),
totaling more than 500 pieces in that session, except that such term
does not include any mailing--
(i) of matter in direct response to a communication from a
person to whom the matter is mailed;
(ii) from a Member of Congress to other Members of Congress, or
to Federal, State, or local government officials; or
(iii) of a news release to the communications media.
(F) For purposes of subparagraphs (A) and (C) if mail matter is of a
type which is not customarily postmarked, the date on which such matter
would have been postmarked if it were of a type customarily postmarked
shall apply.
(7) A Member of the House of Representatives may not send any mass
mailing outside the congressional district from which the Member was
elected.
(b)(1) The Vice President, each Member of or Member-elect to
Congress, the Secretary of the Senate, 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 Counsel, may send, as
franked mail, matter relating to their official business, activities,
and duties, as intended by Congress to be mailable as franked mail under
subsection (a)(2) and (3) of this section.
(2) If a vacancy occurs in the Office of 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, any authorized person may exercise the franking privilege
in the officer's name during the period of the vacancy.
(3) The Vice President, each Member of Congress, the Secretary of
the Senate, the Sergeant at Arms of the Senate, and each of the elected
officers of the House (other than a Member of the House), during the 90-
day period immediately following the date on which they leave office,
may send, as franked mail, matter on official business relating to the
closing of their respective offices. The House Commission on
Congressional Mailing Standards and the Select Committee on Standards
and Conduct of the Senate shall prescribe for their respective Houses
such rules and regulations, and shall take such other action as the
Commission or Committee considers necessary and proper, to carry out the
provisions of this paragraph.
(c) Franked mail may be in any form appropriate for mail matter,
including, but not limited to, correspondence, newsletters,
questionnaires, recordings, facsimiles, reprints, and reproductions.
Franked mail shall not include matter which is intended by Congress to
be nonmailable as franked mail under subsection (a)(4) and (5) of this
section.
(d)(1) A Member of Congress may mail franked mail with a simplified
form of address for delivery within that area constituting the
congressional district or State from which the Member was elected.
(2) A Member-elect to the Congress may mail franked mail with a
simplified form of address for delivery within that area constituting
the congressional district or the State from which he was elected.
(3) A Delegate, Delegate-elect, Resident Commissioner, or Resident
Commissioner-elect to the House of Representatives may mail franked mail
with a simplified form of address for delivery within the area from
which he was elected.
(4) Any franked mail which is mailed under this subsection shall be
mailed at the equivalent rate of postage which assures that the mail
will be sent by the most economical means practicable.
(5) The Senate Committee on Rules and Administration and the House
Commission on Congressional Mailing Standards shall prescribe for their
respective Houses rules and regulations governing any franked mail which
is mailed under this subsection and shall by regulation limit the number
of such mailings allowed under this subsection
(6)(A) Any Member of, or Member-elect to, the House of
Representatives entitled to make any mailing as franked mail under this
subsection shall, before making any mailing, submit a sample or
description of the mail matter involved to the House Commission on
Congressional Mailing Standards for an advisory opinion as to whether
the proposed mailing is in compliance with the provisions of this
subsection.
(B) The Senate Select Committee on Ethics may require any Member of,
or Member-elect to, the Senate entitled to make any mailings as franked
mail under this subsection to submit a sample or description of the mail
matter to the Committee for an advisory opinion as to whether the
proposed mailing is in compliance with the provisions of this
subsection.
(7) Franked mail mailed with a simplified form of address under this
subsection--
(A) shall be prepared as directed by the Postal Service; and
(B) may be delivered to--
(i) each box holder or family on a rural or star route;
(ii) each post office box holder; and
(iii) each stop or box on a city carrier route.
(8) For the purposes of this subsection, a congressional district
includes, in the case of a Representative at Large or Representative at
Large-elect, the State from which he was elected.
(e) The frankability of mail matter shall be determined under the
provisions of this section by the type and content of the mail sent, or
to be sent.
(f) Any mass mailing which otherwise would be permitted to be mailed
as franked mail under this section shall not be so mailed unless the
cost of preparing and printing the mail matter is paid exclusively from
funds appropriated by Congress, except that an otherwise frankable mass
mailing may contain, as an enclosure or supplement, any public service
material which is purely instructional or informational in nature, and
which in content is frankable under this section.
(g) Notwithstanding any other provision of Federal, State, or local
law, or any regulation thereunder, the equivalent amount of postage
determined under section 3216 of this title on franked mail mailed under
the frank of the Vice President or a Member of Congress, and the cost of
preparing or printing such frankable matter for such mailing under the
frank, shall not be considered as a contribution to, or an expenditure
by, the Vice President or a Member of Congress for the purpose of
determining any limitation on expenditures or contributions with respect
to any such official, imposed by any Federal, State, or local law or
regulation, in connection with any campaign of such official for
election to any Federal office.
(Pub. L. 91-375, Aug. 12, 1970, 84 Stat. 754; Pub. L. 92-51, Sec. 101,
July 9, 1971, 85 Stat. 132; Pub. L. 93-191, Sec. 1(a), Dec. 18, 1973, 87
Stat. 737; Pub. L. 94-177, Dec. 23, 1975, 89 Stat. 1032; Pub. L. 95-521,
title VII, Sec. 714(a), Oct. 26, 1978, 92 Stat. 1884; Pub. L. 97-69,
Secs. 1-3(a), 4, Oct. 26, 1981, 95 Stat. 1041-1043; Pub. L. 97-263,
Sec. 1(1), (2), Sept. 24, 1982, 96 Stat. 1132; Pub. L. 101-163, title
III, Sec. 318, Nov. 21, 1989, 103 Stat. 1067; Pub. L. 101-520, title
III, Secs. 311(h)(1), 316, Nov. 5, 1990, 104 Stat. 2280, 2283; Pub. L.
102-392, title III, Sec. 309(a), Oct. 6, 1992, 106 Stat. 1722; Pub. L.
104-197, title I, Sec. 102(a), Sept. 16, 1996, 110 Stat. 2401.)
Amendments
1996--Subsec. (a)(6)(A)(i). Pub. L. 104-197, Sec. 102(a)(1),
inserted ``(or, in the case of a Member of the House, fewer than 90
days)'' after ``60 days''.
Subsec. (a)(6)(A)(ii)(II). Pub. L. 104-197, Sec. 102(a)(2),
substituted ``90 days'' for ``60 days''.
1992--Subsec. (a)(7). Pub. L. 102-392, Sec. 309(a)(1), substituted
``from which the Member was elected'' for ``of the Member, except that--
``(A) a Member of the House of Representatives may send mass
mailings to any area in a county, if any part of the county adjoins
or is inside the congressional district of the Member; and
``(B) in the case of redistricting, on and after the date
referred to in subsection (d)(1)(B), a Member of the House of
Representatives may send mass mailings to the additional area
described in that section''.
Subsec. (d)(1). Pub. L. 102-392, Sec. 309(a)(2), struck out subpar.
(A) designation, substituted ``the Member'' for ``he'' and a period for
``; and'', and struck out subpar. (B) which read as follows: ``with
respect to a Member of the House of Representatives on and after the
date on which the proposed redistricting of congressional districts in
his State by legislative or judicial proceedings is initially completed
(whether or not the redistricting is actually in effect), within any
additional area of each congressional district proposed or established
in such redistricting and containing all or part of the area
constituting the congressional district from which he was elected,
unless and until the congressional district so proposed or established
is changed by legislative or judicial proceedings.''
1990--Subsec. (a)(6)(E). Pub. L. 101-520, Sec. 311(h)(1), amended
subpar. (E) generally. Prior to amendment, subpar. (E) read as follows:
``For purposes of this section, the term `mass mailing' means
newsletters and similar mailings of more than five hundred pieces in
which the content of the matter mailed is substantially identical but
shall not apply to mailings--
``(i) which are in direct response to communications from
persons to whom the matter is mailed;
``(ii) to colleagues in the Congress or to government officials
(whether Federal, State, or local); or
``(iii) of news releases to the communications media.''
Subsec. (a)(7). Pub. L. 101-520, Sec. 316, added par. (7).
1989--Subsec. (a)(6)(A)(i), (ii)(II), (C). Pub. L. 101-163,
Sec. 318(1)-(3), substituted ``is postmarked fewer'' for ``is mailed
fewer''.
Subsec. (a)(6)(F). Pub. L. 101-163, Sec. 318(4), added subpar. (F).
1982--Subsec. (b)(1), (2). Pub. L. 97-263 inserted reference to Law
Revision Counsel of House of Representatives.
1981--Subsec. (a)(3)(F). Pub. L. 97-69, Sec. 1, struck out provision
relating to mail matter expressing condolences to a person who has
suffered a loss.
Subsec. (a)(5). Pub. L. 97-69, Sec. 2(a), inserted provision
relating to brief references in otherwise frankable mail in subpar.
(B)(i), and struck out subpar. (D) which related to mass mailing mailed
at or delivered to any postal facility less than 28 days immediately
before the date of any primary or general election in which the Member
or Member-elect was a candidate for public office. See subsec. (a)(6) of
this section.
Subsec. (a)(6). Pub. L. 97-69, Sec. 2(b), added par. (6).
Subsec. (d). Pub. L. 97-69, Sec. 3(a), substituted ``Congress'' for
``the House'' in provisions of par. (1) preceding subpar. (A),
substituted ``congressional district or State'' for ``congressional
district'' in par. (1)(A), inserted ``with respect to a Member of the
House of Representatives'' after ``(B)'' in par. (1)(B), substituted
``Congress'' for ``House of Representatives'' and ``congressional
district or the State'' for ``congressional district'' in par. (2),
added pars. (4), (5), and (6), and redesignated former pars. (4) and (5)
as (7) and (8), respectively.
Subsec. (e). Pub. L. 97-69, Sec. 4(a), struck out provisions under
which the cost of preparing or printing mail matter which was frankable
under this section could be paid from any funds, including but not
limited to funds collected by a candidate or a political committee
required to file reports of receipts and expenditures under the Federal
Election Campaign Act of 1971 (Public Law 92-225), or from voluntary
newsletter funds, or from similar funds administered or controlled by a
Member or by a committee organized to administer such funds.
Subsecs. (f), (g). Pub. L. 97-69, Sec. 4(b), added subsec. (f) and
redesignated former subsec. (f) as (g).
1978--Subsec. (b)(1), (2). Pub. L. 95-521 inserted reference to
Senate Legal Counsel.
1975--Subsec. (b)(1). Pub. L. 94-177, Sec. 1(a), struck out ``and''
before ``each of the elected officers'', and ``until the 1st day of
April following the expiration of their respective terms of office''
after ``(other than a Member of the House)''.
Subsec. (b)(3). Pub. L. 94-177, Sec. 1(b), added par. (3).
1973--Subsec. (a). Pub. L. 93-191 added subsec. (a). Former first
sentence provided in part for franked mail (1) matter, not exceeding 4
pounds in weight, upon official or departmental business, to a
Government official, and (2) correspondence, not exceeding 4 ounces in
weight, upon official business to any person.
Subsec. (b)(1). Pub. L. 93-191 incorporated part of former first
sentence in provisions designated as subsec. (b)(1), substituted
reference to elected officers of House of Representatives (other than a
Member of House) for former references to Clerk of House of
Representatives and the Sergeant at Arms of House of Representatives,
included reference to Legislative Counsel of Senate, substituted the 1st
day of April for the thirtieth day of June, and substituted internal
reference to subsec. (a)(2) and (3) of this section for former provision
respecting franked mail (1) matter, not exceeding 4 pounds in weight,
upon official or departmental business, to a Government official, and
(2) correspondence, not exceeding 4 ounces in weight, upon official
business to any person.
Subsec. (b)(2). Pub. L. 93-191 incorporated former second sentence
in provisions designated as subsec. (b)(2), substituted provision
respecting vacancy in Office of an elected officer of House of
Representatives (other than a Member of House) for former provision
respecting vacancy in office of Clerk of House of Representatives and
Sergeant at Arms of House of Representatives and included provision for
vacancy in Office of Legislative Counsel of Senate.
Subsecs. (c) to (f). Pub. L. 93-191 added subsecs. (c) to (f).
1971--Pub. L. 92-51 inserted reference to Legislative Counsel of
House of Representatives.
Effective Date of 1996 Amendment
Section 102(b) of Pub. L. 104-197 provided that: ``The amendments
made by subsection (a) [amending this section] shall take effect on
October 1, 1996, and shall apply with respect to any mailing postmarked
on or after that date.''
Effective Date of 1992 Amendment
Section 309(b) of Pub. L. 102-392 provided that: ``The amendments
made by subsection (a) [amending this section] shall take effect on the
date of the enactment of this Act [Oct. 6, 1992].''
Effective Date of 1990 Amendment
Amendment by section 311(h)(1) of Pub. L. 101-520 applicable with
respect to sessions of Congress beginning with the first session of the
One Hundred Second Congress, see section 59e(i) of Title 2, The
Congress.
Effective Date of 1981 Amendment
Section 3(b) of Pub. L. 97-69 provided that: ``This section
[amending this section] shall become effective 120 days after the date
of enactment of this Act [Oct. 26, 1981].''
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
Section 14 of Pub. L. 93-191 provided that:
``(a) Except as provided in subsection (b) of this section, the
provisions of this Act [enacting section 3219 of this title and sections
501 and 502 of Title 2, The Congress, amending this section, sections
3206, 3211, 3212, 3215, 3216, and 3218 of this title, and sections 733
and 907 of Title 44, Public Printing and Documents, and repealing
section 277 of Title 2] shall become effective on the date of enactment
of this Act [Dec. 18, 1973].
``(b) The provisions of section 3214 of title 39, United States
Code, as amended by section 4 of this Act; and the provisions of
subsection (b) of section 3216 of title 39, United States Code, as
amended by section 7 of this Act, shall take effect as of December 27,
1972.''
Separability
Section 15 of Pub. L. 93-191 provided that: ``If a provision of this
Act [enacting section 3219 of this title and sections 501 and 502 of
Title 2, The Congress, amending this section, sections 3206, 3211, 3212,
3214 to 3216, and 3218 of this title, and sections 733 and 907 of Title
44, Public Printing and Documents, and repealing section 277 of Title 2]
is held invalid, all valid provisions severable from the invalid
provision remain in effect. If a provision of this Act is held invalid
in one or more of its applications, such provision remains in effect in
all valid applications severable from the invalid application or
applications.''
Mass Mailings by Senators
Pub. L. 103-283, title I, Secs. 5, 6, July 22, 1994, 108 Stat. 1427,
provided that:
``Sec. 5. Effective October 1, 1994, each of the figures contained
in section 506(b)(3)(A)(iii) of the Supplemental Appropriations Act,
1973 (2 U.S.C. 58(b)(3)(A)(iii)) is increased by $50,000: Provided,
That, in any fiscal year beginning with fiscal year 1995, a Senator may
use funds provided for official office expenses, but not to exceed
$50,000, for mass mailing, as defined in section 6(b)(1) and all such
mass mailings shall be under the frank.
``Sec. 6. (a) This section shall apply to mailings by Senators, made
during fiscal year 1995 and each fiscal year thereafter in addition to
any other law relating to the use of the franking privilege.
``(b) For the purposes of this paragraph--
``(1) the term `mass mailing'--
``(A) means, with respect to a session of Congress, a
mailing of more than 500 newsletters or other pieces of mail
with substantially identical content (whether such mail is
deposited singly or in bulk, or at the same time or different
times), but
``(B) does not include a mailing--
``(i) of matter in direct response to a communication
from a person to whom the matter is mailed;
``(ii) to other Members of Congress or to a Federal,
State, or local government official;
``(iii) of a news release to the communications media;
``(iv) of a town meeting notice, but no such mailing may
be made fewer than 60 days immediately before the date of
any primary election or general election (whether regular,
special, or runoff) for any Federal, State, or local office
in which a Member of the Senate is a candidate for election;
or
``(v) of a Federal publication or other item that is
provided by the Senate to all Senators or made available by
the Senate for purchase by all Senators from official funds
specifically for distribution.
``(c) Except as provided in section 5, a Senator may not mail a mass
mailing under the frank.
``(d) The Senate Committee on Rules and Administration shall
prescribe rules and regulations and take other action as the Committee
considers necessary and proper for Senators to comply with this section
and regulations.''
Section 316(a), formerly section 316(a), (b), of Pub. L. 101-163, as
renumbered and amended by Pub. L. 101-520, title III, Sec. 311(h)(3),
Nov. 5, 1990, 104 Stat. 2280; Pub. L. 102-392, title III, Sec. 308(a),
Oct. 6, 1992, 106 Stat. 1722, provided that: ``Effective January 1,
1990, a mass mailing (as defined in section 3210(a)(6)(E) of title 39,
United States Code) by a Senator shall be limited to 2 sheets of paper
(or their equivalent), including any enclosure that--
``(1) is prepared by or for the Senator who makes the mailing;
or
``(2) contains information concerning, expresses the views of,
or otherwise relates to the Senator who makes the mailing.''
[Section 308(b) of Pub. L. 102-392 provided that: ``The amendments
made by subsection (a) [amending section 316(a) of Pub. L. 101-163, set
out above] shall take effect on October 1, 1992.'']
Section Referred to in Other Sections
This section is referred to in sections 3201, 3212, 3219 of this
title; title 2 sections 31b-4, 59e, 59g, 59h, 282d, 501, 502; title 44
section 907.