[United States Senate Manual, 107th Congress]
[S. Doc. 107-1]
[USCODETITLE]
[Pages 863-873]
[From the U.S. Government Printing Office, www.gpo.gov]
[[Page 863]]
TITLE 39.--POSTAL SERVICE
Part IV.--MAIL MATTER
Chapter 32.--PENALTY AND FRANKED MAIL\1\
1095 Sec. 3201. Definitions.
As used in this chapter--
\1\ For United States Postal Service regulation on
congressional franking privilege, see Senate Manual
section 1105. See also the Regulations Governing the Use
of the Mailing Frank by Members and Officers of the
United States Senate, issued by the Select Committee on
Ethics. See also Regulations Governing Franked Mail,
issued by the Senate Committee on Rules and
Administration.
(1) ``penalty mail'' means official mail,
other than franked mail, which is authorized by
law to be transmitted in the mail without
prepayment of postage;
(2) ``penalty cover'' means envelopes,
wrappers, labels, or cards used to transmit
penalty mail;
(3) ``frank'' means the autographic or
facsimile signature of persons authorized by
sections 3210-3216 and 3218 of this title to
transmit matter through the mail without
prepayment of postage or other indicia
contemplated by sections 733 and 907 of title
44;
(4) ``franked mail'' means mail which is
transmitted in the mail under a frank;
(5) ``Members of Congress'' includes
Senators, Representatives, Delegates, and
Resident Commissioners; and
(6) ``missing child'' has the meaning
provided by section 403(1) of the Juvenile
Justice and Delinquency Prevention Act of 1974.
(Aug. 12, 1970, Pub. L. 91-375, Sec. 2, 84 Stat.
751; Aug. 9, 1985, Pub. L. 99-87, Sec. 1(b), 99
Stat. 291.)
1096 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, deci
[[Page 864]]
sions, 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 consist 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.
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(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 mailed 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
[[Page 866]]
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 mailed 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
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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 \1\ 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.
\1\ Name changed to the Select Committee on Ethics by S.
Res. 4, 95-1, Feb. 4, 1977.
(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.
[[Page 868]]
(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. (Aug. 12, 1970, Pub. L.
91-375, Sec. 2, 84 Stat. 754; July 9, 1971, Pub. L. 92-51,
Sec. 101, 85 Stat. 132; Dec. 18, 1973, Pub. L. 93-191,
Sec. 1(a), 87 Stat. 737; Dec. 23, 1975, Pub. L. 94-177,
Sec. 1(b), 89 Stat. 1032; Oct. 26, 1978, Pub. L. 95-521,
Sec. 714(a), 92 Stat. 1884; Oct. 26, 1981, Pub. L. 97-69,
Sec. Sec. 1, 2, 3, 4, 95 Stat. 1041-1043; Sept. 24, 1982,
Pub. L. 97-263, Sec. 1, 96 Stat. 1132; Pub. L. 101-163,
Title III, Sec. 318, Nov. 21, 1989, 103 Stat. 1068; Pub. L.
101-520, Title III, Sec. Sec. 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.)
1097 Sec. 3211. Public documents.
The Vice President, Members of 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) during the 90-day period
immediately following the expiration of their respective
terms of office, may send and receive as franked mail all
public documents printed by order of Congress. (Aug. 12,
1970, Pub. L. 91-375, Sec. 2, 84 Stat. 754; Dec. 18, 1973,
Pub. L. 93-191, Sec. 2, 87 Stat. 741; Oct. 26, 1981, Pub. L.
97-69, Sec. 5(a), 95 Stat. 1043.)
1098 Sec. 3212. Congressional Record under frank of Members of
Congress.
(a) Members of Congress may send the Congressional
Record as franked mail.
(b) Members of Congress may send, as franked mail, any
part, of, or a reprint of any part of, the Congressional
Record, including speeches or reports contained therein, if
such matter is mailable as franked mail under section 3210
of this title. (Aug. 12, 1970, Pub. L. 91-375, Sec. 2, 84
Stat. 754; Dec. 18, 1973, Pub. L. 93-191, Sec. 3, 87 Stat.
741.)
[[Page 869]]
Cross Reference
For extracts from Congressional Record furnished Members
of Congress and the Resident Commissioner in envelopes ready
for mailing, see section 907 of title 44, United States Code
(Senate Manual section 1196).
1099 Sec. 3213. Seeds and reports from Department of Agriculture.
Seeds and agricultural reports emanating from the
Department of Agriculture may be mailed--
(1) as penalty mail by the Secretary of
Agriculture; and
(2) during the 90-day period immediately
following the expiration of their terms of
office, as franked mail by Members of Congress.
(Aug. 12, 1970, Pub. L. 91-375, Sec. 2, 84 Stat.
754; Oct. 26, 1981, Pub. L. 97-69, Sec. 5(b), 95
Stat. 1043.)
1100 Sec. 3215. Lending or permitting use of frank unlawful.
A person entitled to use a frank may not lend it or
permit its use by any committee, organization, or
association, or permit its use by any person for the benefit
or use of any committee, organization, or association. This
section does not apply to any standing, select, special, or
joint committee, or subcommittee thereof, or commission, of
the Senate, House of Representatives, or Congress, composed
of Members of Congress, or to the Democratic caucus or the
Republican conference of the House of Representatives or of
the Senate. (Aug. 12, 1970, Pub. L. 91-375, Sec. 2, 84 Stat.
754; Dec. 18, 1973, Pub. L. 93-191, Sec. 10, 87 Stat. 746.)
1101 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 appropriation 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
[[Page 870]]
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. (Aug. 12, 1970, Pub. L. 91-375, Sec. 2, 84
Stat. 754; July 9, 1971, Pub. L. 92-51, Sec. 101, 85 Stat.
132; Dec. 18, 1973, Pub. L. 93-191, Sec. 7, 87 Stat. 745;
Mar. 27, 1974, Pub. L. 93-255, Sec. 2(a), 88 Stat. 52; Oct.
26, 1978, Pub. L. 95-521, Sec. 714(b), 92 Stat. 1884; Oct.
26, 1981, Pub. L. 97-69, Sec. 6(a), 95 Stat. 1043; Sept. 24,
1982, Pub. L. 97-263, Sec. 1, 96 Stat. 1132; Pub. L. 101-
163, Title III, Sec. 316(b), formerly Sec. 316(c), Sec. 317,
Nov. 21, 1989, 103 Stat. 1067, renumbered 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.)
1102 Sec. 3218. Franked mail for survivors of Members of
Congress.
Upon the death of a Member of Congress during 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 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) may send, for a period not to exceed
180
[[Page 871]]
days after his death, as franked mail, nonpolitical
correspondence relating to the death of the Member. (Aug.
12, 1970, Pub. L. 91-375, Sec. 2,
84 Stat. 755; Dec. 18, 1973, Pub. L. 93-191, Sec. 11, 87
Stat. 746; Oct. 26, 1981, Pub. L. 97-69, Sec. 6 (b) and (c),
95 Stat. 1043.)
1103 Sec. 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 authorized to
be sent by that official as franked mail under section 3210
of this title. (Added Dec. 18, 1973, Pub. L. 93-191,
Sec. 12, 87 Stat. 746; Oct. 26, 1978, Pub. L. 95-521,
Sec. 714(c), 92 Stat. 1884; Sept. 24, 1982, Pub. L. 97-263,
Sec. 1, 96 Stat. 1132.)
1104 Sec. 3220. Use of official mail in the location and recovery
of missing children.
(a)(1) The Office of Juvenile Justice and Delinquency
Prevention, after consultation with appropriate public and
private agencies, shall prescribe 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
materials 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
considers appropriate.
(2) Each executive department and independent
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 Administration and
the House Commission on Congressional Mailing Standards
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 subsection (a) may,
in the discretion of the congressional 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 ``Office'' each
means the Office of Juvenile Justice and Delinquency
Prevention within the Department of Justice, as established
by section 201 of the Juvenile Justice and Delinquency
Prevention Act of 1974. (Aug. 9, 1985, Pub. L. 99-87,
Sec. 1(a)(1), 99 Stat. 290.)
39 u.s.c.--postal service
general and permanent laws relating to the senate
[[Page 872]]
1105
Domestic Mail Manual Provisions Relating to the
Congressional Franking Privilege
Part E050--Official Mail (Franked)
1.0 Basic Information
1.1 Members of Congress. Official mail of Members of
Congress is sent without prepayment of postage and bears
instead a written or printed facsimile signature or a
specified marking. Exhibit 1.1 shows what is accepted under
frank and who is authorized its use.
1.2 Former President and Spouse. Any former President of
the United States and any surviving spouse of a former
President may send nonpolitical mail as franked mail if it
bears the sender's written or facsimile signature and the
words ``Postage and Fees Paid'' in the upper right corner of
the address side.
1.3 Surviving Spouse of Member of Congress. When a Member
of Congress dies during the term of office, the Member's
surviving spouse may send correspondence relating to the
death without prepayment of postage, for a period not to
exceed 180 days after the death of the Member. The mail must
bear the sender's written or facsimile signature in the
upper right corner of the address side. If there is no
surviving spouse, this privilege may be exercised by an
immediate family member of the deceased Member of Congress
designated by the Secretary of the Senate or the Clerk of
the House of Representatives, as appropriate.
1.4 Use. A person entitled to use franked mail may not lend
this frank or permit its use by any committee, organization,
association, or other person. This restriction does not
apply to a committee of the Congress.
1.5 Criteria. Franked mail must be addressed to the
recipient by name, except under A040, and it must meet the
mailability criteria in C010, C020, and C030 and the
physical standards for the class of mail used.\1\
\1\ Part A040 describes alternative addressing formats.
Part C010 gives general mailability standards (such as
requisite dimensions, packaging, and containers). Part
C020 describes articles and substances prohibited
because they may be injurious to life, health or
property (such as liquor or firearms). Part C030 refers
to restricted forms of printed materials (such as
deceptive solicitations or sexually oriented
advertisements).
1.6 Handling. Franked mail is entitled to all special
services for which it is properly endorsed, and is handled
and forwarded as ordinary mail, except that after delivery
to the addressee, it may not be remailed.
1.7 Package to One Addressee. A person entitled to use
franked mail may send a package of franked mail to one
addressee, who may open the package and, on behalf of such
person, address the franked articles and mail them.
[[Page 873]]
Exhibit 1.1
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User Entitled Matter Permitted Marking Required Period Authorized
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Vice President of the United Public documents printed by order of ``Public Document'' and ``U.S.S.'' or During 90 days immediately after
States, Members of Congress, Congress ``M.C.'' must appear on address side expiration of term of office.
Resident Commissioners,
Secretary of the Senate,
Sergeant at Arms of the
Senate, and each elected
officer of the House of
Representatives (other than
Members of the House)
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Members of Congress and ``Congressional Record'' or any part of ``Congressional Record'' or ``Part of During term of office only.
Resident Commissioners it (including reprints of any part, Congressional Record'' and ``U.S.S.''
speech, or report contained in it) if or ``M.C.'' must appear on the
for official business, activities, or address side
duties
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Members of Congress Seed and agricultural reports from Signature and title (written or During 90 days immediately after
Department of Agriculture printed facsimile) of person entitled expiration of term of office.
to frank must appear on address side
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Vice President of the United Official correspondence including Mailgrams may be sent in standard During term of office only. When
States, Members and Members- Mailgrams Mailgram envelopes. For other position of Secretary, Sergeant at
elect of Congress, Resident correspondence, signature and title Arms, elected officer, Legislative
Commissioners, Secretary of (written or printed facsimile) of Counsel, Law Revision Counsel, or
the Senate, Sergeant at Arms person entitled to frank must appear Senate Legal Counsel is vacant,
of the Senate, each elected on address side privileges may be exercised in
officer of the House of officer's name by authorized persons.
Representatives (other than a
Member of the House),
Legislative Counsels of the
House of Representatives and
the Senate, Law Revision
Counsel of the House of
Representatives, and Senate
Legal Counsel
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Vice President-elect All mail connected with preparation for Signature and title (written or Until assumption of duties as Vice
assumption of official duties as Vice printed facsimile) of Vice President- President.
President elect must appear on address side
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Former Vice President, each Matter on official business about Signature and title (written or During 90 days immediately after date
former Member of Congress, closing of offices printed facsimile) of person entitled of leaving office.
former Secretary of the to frank must appear on address side
Senate, former Sergeant at
Arms of the Senate, each
former elected officer of the
House (other than former
Member of the House), and each
former Delegate or Resident
Commissioner
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Former Speakers of the House Public documents, seeds, and Signature and title (written or For as long as former Speaker
agricultural reports from Department printed facsimile) of former Speaker, determines necessary.
of Agriculture, official or Mailgram or public document
correspondence including Mailgrams marking as shown above, must appear
on address side
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40 u.s.c.--public buildings, property, and works
general and permanent laws relating to the senate