§ 3401. — Mailing privileges of members of Armed Forces of the United States and of friendly foreign nations.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 39USC3401]
TITLE 39--POSTAL SERVICE
PART IV--MAIL MATTER
CHAPTER 34--ARMED FORCES AND FREE POSTAGE
Sec. 3401. Mailing privileges of members of Armed Forces of the
United States and of friendly foreign nations
(a) Letter mail or sound- or video-recorded communications having
the character of personal correspondence shall be carried, at no cost to
the sender, in the manner provided by this section, when mailed by--
(1) an individual who is a member of the Armed Forces of the
United States on active duty, as defined in section 101 of title 10,
or a civilian, otherwise authorized to use postal services at Armed
Forces installations, who holds a position or performs one or more
functions in support of military operations, as designated by the
military theater commander, and addressed to a place within the
delivery limits of a United States post office, if--
(A) such letter mail or \1\ sound- or video-recorded
communication is mailed by such individual at an Armed Forces
post office established in an overseas area, as designated by
the President, where the Armed Forces of the United States are
engaged in action against an enemy of the United States, engaged
in military operations involving armed conflict with a hostile
foreign force, engaged in temporary military operations under
arduous circumstances, serving with a friendly foreign force in
an armed conflict in which the United States is not a
belligerent, or temporarily deployed overseas for an operational
contingency in arduous circumstances, as determined by the
Secretary of Defense; or
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\1\ See 1990 Amendment note below.
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(B) such individual is hospitalized in a facility under the
jurisdiction of the Armed Forces of the United States as a
result of disease or injury incurred as a result of service in
an overseas area designated by the President under clause (A) of
this paragraph; or
(2) a member of an armed force of a friendly foreign nation at
an Armed Forces post office and addressed to a place within the
delivery limits of a United States post office, or a post office of
the nation in whose armed forces the sender is a member, if--
(A) the member is accorded free mailing privileges by his
own government;
(B) the foreign nation extends similar free mailing
privileges to a member of the Armed Forces of the United States
serving with, or in, a unit under the control of a command of
that foreign nation;
(C) the member is serving with, or in, a unit under the
operational control of a command of the Armed Forces of the
United States;
(D) such letter mail or sound- or video-recorded
communication is mailed by the member--
(i) at an Armed Forces post office established in an
overseas area, as designated by the President, where the
Armed Forces of the United States are engaged in action
against an enemy of the United States, engaged in military
operations involving armed conflict with a hostile foreign
force, or serving with a friendly foreign force in an armed
conflict in which the United States is not a belligerent; or
(ii) while hospitalized in a facility under the
jurisdiction of the Armed Forces of the United States as a
result of disease or injury incurred as a result of services
in an overseas area designated by the President under clause
(D)(i) of this paragraph; and
(E) the nation in whose armed forces the sender is a member
has agreed to assume all international postal transportation
charges incurred.
(b) There shall be transported by air, between Armed Forces post
offices which are located outside the 48 contiguous States of the United
States or between any such Armed Forces post office and the point of
embarkation or debarkation within the United States, the territories and
possessions of the United States in the Pacific area, the Commonwealth
of Puerto Rico, or the Virgin Islands, on a space available basis, on
scheduled United States air carriers at rates fixed and determined by
the Secretary of Transportation in accordance with section 41901 of
title 49, the following categories of mail matter:
(1)(A) letter mail or sound- or video-recorded communications
having the character of personal correspondence;
(B) parcels not exceeding 15 pounds in weight and 60 inches in
length and girth combined; and
(C) publications entitled to a periodical publication rate
published once each week or more frequently and featuring
principally current news of interest to members of the Armed Forces
and the general public,
which are mailed at or addressed to any such Armed Forces post office;
(2) parcels not exceeding 70 pounds in weight and the maximum
size allowed by the Postal Service for fourth class parcel post
(known as ``Standard Mail (B)''), which are mailed at any such Armed
Forces post office; and
(3) parcels exceeding 15 pounds but not exceeding 70 pounds in
weight and not exceeding the maximum size allowed by the Postal
Service for fourth class parcel post (known as ``Standard Mail
(B)''), including surface-type official mail, which are mailed at or
addressed to any such Armed Forces post office where adequate
surface transportation is not available.
Whenever adequate service by scheduled United States air carriers is not
available to provide transportation of mail matter by air in accordance
with this subsection, the transportation of such mail may be authorized
by other than scheduled United States air carriers.
(c) Any parcel, other than a parcel mailed at a rate of postage
requiring priority of handling and delivery, not exceeding 30 pounds in
weight and 60 inches in length and girth combined, which is mailed at or
addressed to any Armed Forces post office established under section
406(a) of this title, shall be transported by air on a space available
basis on scheduled United States air carriers at rates fixed and
determined by the Secretary of Transportation in accordance with section
41901 of title 49, upon payment of a fee for such air transportation in
addition to the rate of postage otherwise applicable to such a parcel
not transported by air. If adequate service by scheduled United States
air carriers is not available, any such parcel may be transported by air
carriers other than scheduled United States air carriers.
(d) The Department of Defense shall transfer to the Postal Service
as postal revenues, out of any appropriations or funds available to the
Department of Defense, 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 Service, for matter sent in the mails
under authority of subsection (a) of this section.
(e) The Department of Defense shall transfer to the Postal Service
as postal revenues, out of any appropriations or funds available to the
Department of Defense, as a necessary expense of the appropriations or
funds and of the activities concerned, sums equal to the expenses
incurred by the Postal Service, as determined by the Postal Service, in
providing air transportation for mail mailed at or addressed to Armed
Forces post offices established under section 406 of this title, but
reimbursement under this subsection shall not include the expense of air
transportation (1) for which the Postal Service collects a special
charge to the extent the special charge covers the additional expense of
air transportation or (2) that is provided by the Postal Service at the
same postage rate or charge for mail which is neither mailed at nor
addressed to an Armed Forces post office.
(f) This section shall be administered under such conditions, and
under such regulations, as the Postal Service and the Secretary of
Defense jointly may prescribe.
(Pub. L. 91-375, Aug. 12, 1970, 84 Stat. 755; Pub. L. 92-469, Oct. 6,
1972, 86 Stat. 782; Pub. L. 96-70, title I, Sec. 1331(e)(2), Sept. 27,
1979, 93 Stat. 482; Pub. L. 98-443, Sec. 9(g)(1), Oct. 4, 1984, 98 Stat.
1707; Pub. L. 101-384, Sept. 18, 1990, 104 Stat. 737; Pub. L. 101-509,
title VI, Sec. 631(a), Nov. 5, 1990, 104 Stat. 1480; Pub. L. 101-510,
div. A, title XI, Sec. 1113, Nov. 5, 1990, 104 Stat. 1636; Pub. L. 102-
484, div. A, title X, Sec. 1051(b)(3), Oct. 23, 1992, 106 Stat. 2498;
Pub. L. 103-160, div. A, title III, Sec. 364, Nov. 30, 1993, 107 Stat.
1628; Pub. L. 103-272, Sec. 5(k)(1), July 5, 1994, 108 Stat. 1375; Pub.
L. 106-398, Sec. 1 [[div. A], title X, Sec. 1088], Oct. 30, 2000, 114
Stat. 1654, 1654A-294.)
Amendments
2000--Subsec. (b)(2), (3). Pub. L. 106-398 substituted ``the maximum
size allowed by the Postal Service for fourth class parcel post (known
as `Standard Mail (B)')'' for ``100 inches in length and girth
combined''.
1994--Subsecs. (b), (c). Pub. L. 103-272 substituted ``section
41901'' for ``section 1376''.
1993--Subsec. (a)(1). Pub. L. 103-160, in introductory provisions,
inserted ``an individual who is'' before ``a member'' and ``or a
civilian, otherwise authorized to use postal services at Armed Forces
installations, who holds a position or performs one or more functions in
support of military operations, as designated by the military theater
commander,'' after ``section 101 of title 10,'' and, in subpars. (A) and
(B), substituted ``such individual'' for ``the member''.
1992--Subsec. (a)(1). Pub. L. 102-484 substituted ``section 101 of
title 10,'' for ``section 101(4) and (22) of title 10,'' in introductory
provisions.
1990--Subsec. (a). Pub. L. 101-510 substituted ``sound- or video-
recorded'' for ``sound-recorded'' in introductory provisions.
Subsec. (a)(1)(A). Pub. L. 101-510 substituted ``sound- or video-
recorded'' for ``sound-recorded''.
Pub. L. 101-509, which directed that ``, or temporarily deployed
overseas for an operational contingency in arduous circumstances, as
determined by the Secretary of Defense'' be inserted after
``belligerent'', and that ``or'' be struck out the first time it
appears, was executed by making the insertion as directed but by
striking out ``or'' appearing before ``serving with a friendly foreign
force'' to reflect the probable intent of Congress.
Pub. L. 101-384 inserted ``engaged in temporary military operations
under arduous circumstances,'' before ``or serving''.
Subsecs. (a)(2)(D), (b)(1)(A). Pub. L. 101-510 substituted ``sound-
or video-recorded'' for ``sound-recorded''.
1984--Subsecs. (b), (c). Pub. L. 98-443 substituted ``Secretary of
Transportation'' for ``Civil Aeronautics Board''.
1979--Subsec. (b). Pub. L. 96-70 substituted ``or the Virgin
Islands,'' for ``the Virgin Islands, or the Canal Zone,''.
1972--Subsec. (b)(1). Pub. L. 92-469, Sec. 1, substituted ``15'' for
``5'' after ``pounds'' in cl. (B), redesignated subsec. (b)(2) as
(b)(1)(C), and deleted therefrom former cls. reading ``(A) in an
overseas area designated by the President under subsection (a) of this
section, or (B) in an isolated, hardship, or combat support area
overseas, or where adequate surface transportation is not available''.
Subsec. (b)(2). Pub. L. 92-469, Sec. 1, added subsec. (b)(2). Former
subsec. (b)(2) redesignated subsec. (b)(1)(C).
Subsec. (b)(3). Pub. L. 92-469, Sec. 1, substituted ``15'' for ``5''
after ``pounds''.
Subsecs. (c) to (f). Pub. L. 92-469, Sec. 2, added subsec. (c) and
redesignated former subsecs. (c) to (e) as (d) to (f), respectively.
Effective Date of 1984 Amendment
Amendment by Pub. L. 98-443 effective Jan. 1, 1985, see section 9(v)
of Pub. L. 98-443, set out as a note under section 5314 of Title 5,
Government Organization and Employees.
Effective Date of 1979 Amendment
Amendment by Pub. L. 96-70 effective Oct. 1, 1979, see section 3304
of Pub. L. 96-70, set out as an Effective Date note under section 3601
of Title 22, Foreign Relations and Intercourse.
Effective Date
Chapter 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.
Operation Desert Shield
Section 631(b) of Pub. L. 101-509 provided that: ``This section
[amending this section] shall apply to military personnel participating
in `Operation Desert Shield'.''
Executive Order No. 11255
Ex. Ord. No. 11255, Nov. 1, 1965, 30 F.R. 14135, which designated
Vietnam and certain waters adjacent thereto as an overseas combat area
where the Armed Forces of the United States are engaged in military
operations involving armed conflict with a hostile foreign force, for
purposes of sections 4169 and 4303 of former Title 39, was revoked by
Ex. Ord. No. 12553, Feb. 25, 1986, 51 F.R. 7237.
Ex. Ord. No. 12556. Delegation of Functions to Secretary of Defense
Ex. Ord. No. 12556, Apr. 16, 1986, 51 F.R. 13205, provided:
By the authority vested in me as President by the Constitution and
laws of the United States of America, including section 301 of title 3
of the United States Code, it is hereby ordered as follows:
Section 1. Delegation of Functions. The function conferred upon the
President by section 3401(a) of title 39 of the United States Code, of
designating an area for free mailing privileges, is delegated to the
Secretary of Defense.
Sec. 2. Interagency Consultation. In performing the function
delegated by this Order, the Secretary of Defense shall consult with the
Secretary of State and the United States Postal Service, and with the
heads of other Executive agencies as appropriate. The Secretary of
Defense shall provide timely notice to the United States Postal Service
of any designations or terminations of designations made under this
Order.
Ronald Reagan.
