§3216 — Title 39 Postal Service | U.S. Code

Summary

Requires the Postal Service to be paid the full value of postage and any related fees for mail sent under the franking privilege. That payment covers mail sent by the Vice President, Members and Members‑elect of Congress, certain House and Senate officers and counsels, and survivors of Members, and it also covers handling fees for Mailgrams treated as franked. Postage and fees described under another provision must be paid each fiscal year from an appropriation to the Postal Service as postal revenue, and such payments count as full payment. Money collected for mail that was improperly franked must be deposited as miscellaneous receipts in the Treasury general fund. Within two weeks after each fiscal quarter ends (or as soon as possible after), the Postmaster General must send reports to House and Senate officials showing estimated pieces and costs of franked mail by mail class for that quarter and prior quarters in the fiscal year, with separate House and Senate totals. Two weeks after the second quarter ends, the Postmaster General must send a cost statement for the first two quarters and an estimate for the rest of the fiscal year to the named House and Senate officials and committees. Those bodies must then consider making rules so postage costs do not exceed available funds.

Title 39, §3216

Postal Service — Source: USLM XML via OLRC

(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;

(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 Communications Standards Commission, 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 Communications Standards Commission, 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 Communications Standards Commission, 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.

Notes & Related Subsidiaries

Editorial Notes

Amendments

2020—Subsec. (e). Pub. L. 116–260 substituted “House Communications Standards Commission” for “House Commission on Congressional Mailing Standards” wherever appearing. 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, § 316(b). See 1989 Amendment note below. 1989—Subsec. (a). Pub. L. 101–163, § 316(b), formerly § 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, § 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.

Statutory Notes and Related Subsidiaries

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 2020 AmendmentAmendment by Pub. L. 116–260 applicable with respect to communications disseminated on or after Dec. 27, 2020, see section 116(f) of div. I of Pub. L. 116–260, set out as a note under section 501 of Title 2, The Congress.

Effective Date

of 1989 Amendment Pub. L. 101–163, title III, § 316(b), formerly § 316(c), Nov. 21, 1989, 103 Stat. 1067, renumbered § 316(b), Pub. L. 101–520, title III, § 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 AmendmentAmendment 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 AmendmentAmendment 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.

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.

§3216 Reimbursement for franked mailings

Summary

Title 39, §3216

Notes & Related Subsidiaries

Editorial Notes

Amendments

Statutory Notes and Related Subsidiaries

Change of Name

Effective Date

Effective Date

Effective Date

Effective Date

Effective Date

Effective Date

Citations & Metadata