§ 3216. — Reimbursement for franked mailings.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 39USC3216]
TITLE 39--POSTAL SERVICE
PART IV--MAIL MATTER
CHAPTER 32--PENALTY AND FRANKED MAIL
Sec. 3216. Reimbursement for franked mailings
(a) The equivalent of--
(1) postage on, and fees and charges in connection 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 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; and
(B) by the survivors of a Member of Congress 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 Representatives 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 sender's signature, or a facsimile
thereof.
(b) Postage on, and fees and charges in connection 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 payable on, or in connection
with, such mail matter.
(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 deposited 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
General shall send to the Chief Administrative Officer of the House of
Representatives, the House Commission on Congressional Mailing
Standards, the Secretary of the Senate, and the Senate Committee on
Rules and Administration a report which shall contain a tabulation of
the estimated 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 tabulations 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 practicable thereafter, the Postmaster General shall
send to the Chief Administrative Officer of the House of
Representatives, the House Commission on Congressional Mailing
Standards, the Committee 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 described in paragraph (1)
of this subsection for the preceding two quarters together with an
estimate of such costs for the balance of the fiscal year. As soon as
practicable after receipt of this statement, the House Commission on
Congressional Mailing Standards, 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 subsection, will not exceed the amounts available for the
fiscal year.
(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. 7, Dec. 18, 1973, 87
Stat. 745; Pub. L. 93-255, Sec. 2(a), Mar. 27, 1974, 88 Stat. 52; Pub.
L. 95-521, title VII, Sec. 714(b), Oct. 26, 1978, 92 Stat. 1884; Pub. L.
97-69, Sec. 6(a), Oct. 26, 1981, 95 Stat. 1043; Pub. L. 97-263,
Sec. 1(3), Sept. 24, 1982, 96 Stat. 1132; Pub. L. 101-163, title III,
Secs. 316(b), formerly Sec. 316(c), 317, Nov. 21, 1989, 103 Stat. 1067,
renumbered Sec. 316(b), Pub. L. 101-520, title III, Sec. 311(h)(3)(B),
Nov. 5, 1990, 104 Stat. 2280; Pub. L. 102-90, title III, Sec. 306, Aug.
14, 1991, 105 Stat. 466; Pub. L. 104-186, title II, Sec. 220, Aug. 20,
1996, 110 Stat. 1748.)
Amendments
1996--Subsec. (e). Pub. L. 104-186 substituted ``Chief
Administrative Officer of the House of Representatives'' 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 ``paragraph (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,
Sec. 316(b). See 1989 Amendment note below.
1989--Subsec. (a). Pub. L. 101-163, Sec. 316(b), formerly
Sec. 316(c), as renumbered by Pub. L. 101-520, which directed
substitution of ``by appropriations for the official mail costs of the
Senate and the House of Representatives'' for ``by a lump sum
appropriation to the legislative branch'' was executed by making the
substitution for ``by a lump-sum appropriation to the legislative
branch'' to reflect the probable intent of Congress.
Subsec. (e). Pub. L. 101-163, Sec. 317, added subsec. (e).
1982--Subsec. (a)(1)(A). Pub. L. 97-263 inserted reference to Law
Revision Counsel of House of Representatives.
1981--Subsec. (a)(1)(B). Pub. L. 97-69 substituted ``survivors'' for
``surviving spouse''.
1978--Subsec. (a)(1)(A). Pub. L. 95-521 inserted reference 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), substituted 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
Representatives and Sergeant at Arms of House of Representatives,
included in subpar. (A) reference to Legislative 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
reimbursement of the postal revenues each fiscal year out of the general
funds of the Treasury in an amount equivalent 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.
Change of Name
Committee on House Oversight of House of Representatives changed to
Committee on House Administration of House of Representatives by House
Resolution No. 5, One Hundred Sixth Congress, Jan. 6, 1999.
Effective Date of 1989 Amendment
Section 316(b), formerly section 316(c), of Pub. L. 101-163, as
renumbered by Pub. L. 101-520, title III, Sec. 311(h)(3)(B), Nov. 5,
1990, 104 Stat. 2280, provided that the amendment made by that section
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.
Section Referred to in Other Sections
This section is referred to in sections 3201, 3210, 3219 of this
title; title 2 section 31b-4.
