Title 39 — Postal ServiceRelease 119-73
§3202 Penalty mail
Title 39 › Part PART IV— - MAIL MATTER › Chapter CHAPTER 32— - PENALTY AND FRANKED MAIL › § 3202
Summary
Allows certain government mail to go without postage, subject to the limits in sections 3204 and 3207. That includes official mail from U.S. government officers (not Members of Congress), the Smithsonian, the Pan American Union, the Pan American Sanitary Bureau, and the U.S. Employment Service and its related state employment systems funded under 29 U.S.C. 49–49c, 49d, 49e–49k. It also covers naturalization mail sent by court clerks to the Department of Justice or the Immigration and Naturalization Service, and mail about statistics, surveys, or the census sent to the Department of Commerce under Title 13. Departments allowed to use penalty covers may send them with a return address to people when they want official information. Those covers may only carry the official information and related endorsements. The rule does not apply to officers who get a fixed allowance that includes postage.
Full Legal Text
Title 39, §3202
Postal Service — Source: USLM XML via OLRC
(a)Subject to the limitations imposed by section 3204 and 3207 of this title, there may be transmitted as penalty mail—
(1)official mail of—
(A)officers of the Government of the United States other than Members of Congress;
(B)the Smithsonian Institution;
(C)the Pan American Union;
(D)the Pan American Sanitary Bureau; and
(E)the United States Employment Service and the system of employment offices operated by it in conformity with the provisions of section 49–49c, 49d, 49e–49k of title 29, and all State employment systems which receive funds appropriated under authority of those sections.
(2)mail relating to naturalization to be sent to the Immigration and Naturalization Service by clerks of courts addressed to the Department of Justice or the Immigration and Naturalization Service, or any official thereof; and
(3)mail relating to a collection of statistics, survey, or census authorized by title 13 and addressed to the Department of Commerce or a bureau or agency thereof.
(b)A department or officer authorized to use penalty covers may enclose them with return address to any person from or through whom official information is desired. The penalty cover may be used only to transmit the official information and endorsements relating thereto.
(c)This section does not apply to officers who receive a fixed allowance as compensation for their services including expenses of postage.
Legislative History
Notes & Related Subsidiaries
Editorial Notes
Codification Pub. L. 110–234 and Pub. L. 110–246 made identical
Amendments
to this section. The
Amendments
by Pub. L. 110–234 were repealed by section 4(a) of Pub. L. 110–246.
Amendments
2008—Subsec. (a)(1)(D) to (F). Pub. L. 110–246, § 7404(b)(2)(B)(i), in subpar. (D) inserted “and” at end, in subpar. (E) substituted period for “; and” at end, and struck out subpar. (F) which read as follows: “any college officer or other person connected with the extension department of the college as the Secretary of Agriculture may designate to the Postal Service to the extent that the official mail consists of correspondence, bulletins, and reports for the furtherance of the purpose of section 341–343 and 344–348 of title 7;”. Subsec. (a)(2) to (4). Pub. L. 110–246, § 7404(b)(2)(B)(ii)–(iv), in par. (2) inserted “and” at end, in par. (3) substituted period for “; and” at end, and struck out par. (4) which read as follows: “mail of State agriculture experiment stations pursuant to section 325 and 361f of title 7.” 1993—Subsec. (a)(3), (4). Pub. L. 103–123 inserted “and” at end of par. (3) and substituted period for “; and” at end of par. (4). 1976—Subsec. (a)(5). Pub. L. 94–553 struck out par. (5) which related to articles for copyright deposited with postmasters and addressed to the Register of Copyrights pursuant to section 15 of title 17.
Statutory Notes and Related Subsidiaries
Effective Date
of 2008 AmendmentAmendment of this section and repeal of Pub. L. 110–234 by Pub. L. 110–246 effective May 22, 2008, the date of enactment of Pub. L. 110–234, see section 4 of Pub. L. 110–246, set out as an
Effective Date
note under section 8701 of Title 7, Agriculture.
Effective Date
of 1976 AmendmentAmendment by Pub. L. 94–553 effective Jan. 1, 1978, see section 102 of Pub. L. 94–553, set out as an
Effective Date
note preceding section 101 of Title 17, Copyrights.
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. Abolition of Immigration and Naturalization Service and
Transfer of Functions
For abolition of Immigration and Naturalization Service,
Transfer of Functions
, and treatment of related references, see note set out under section 1551 of Title 8, Aliens and Nationality. Payment of Postage for State Unemployment Compensation Systems and Employment Services Pub. L. 92–80, title I, Aug. 10, 1971, 85 Stat. 287, which required Department of Labor and Post Office Department to use such amounts as may be agreed upon for the payment of postage for the transmission of official mail matter in connection with the administration of unemployment compensation systems and employment services by States receiving grants, was from the Department of Labor Appropriation Act, 1972, and was not repeated in subsequent appropriation acts. See section 3202(a)(1)(E) of this title. Similar provisions were contained in the following prior appropriation acts: Jan. 11, 1971, Pub. L. 91–667, title I, 84 Stat. 2002. Mar. 5, 1970, Pub. L. 91–204, title I, 84 Stat. 24. Oct. 11, 1968, Pub. L. 90–557, title I, 82 Stat. 971. Nov. 8, 1967, Pub. L. 90–132, title I, 81 Stat. 387. Nov. 7, 1966, Pub. L. 89–787, title I, 80 Stat. 1379. Aug. 31, 1965, Pub. L. 89–156, title I, 79 Stat. 590. Sept. 19, 1964, Pub. L. 88–605, title I, 78 Stat. 960. Oct. 11, 1963, Pub. L. 88–136, title I, 77 Stat. 226. Aug. 14, 1962, Pub. L. 87–582, title I, 76 Stat. 363. Sept. 22, 1961, Pub. L. 87–290, title I, 75 Stat. 591. Sept. 2, 1960, Pub. L. 86–703, title I, 74 Stat. 757. Aug. 14, 1959, Pub. L. 86–158, title I, 73 Stat. 341. Aug. 1, 1958, Pub. L. 85–580, title I, 72 Stat. 459.
June 29, 1957, Pub. L. 85–67, title I, 71 Stat. 212.
June 29, 1956, ch. 477, title I, 70 Stat. 424. Aug. 1, 1955, ch. 437, title I, 69 Stat. 398.
July 2, 1954, ch. 457, title I, 68 Stat. 435
July 31, 1953, ch. 296, title I, 67 Stat. 246.
July 5, 1952, ch. 575, title I, 66 Stat. 360. Aug. 31, 1951, ch. 373, title I, 65 Stat. 210. Sept. 6, 1950, ch. 896, ch. V, title I, 64 Stat. 644.
June 29, 1949, ch. 275, title II, 63 Stat. 293.
June 16, 1948, ch. 472, title I, 62 Stat. 445.
Reference
Citations & Metadata
Citation
39 U.S.C. § 3202
Title 39 — Postal Service
Last Updated
Apr 6, 2026
Release point: 119-73