§ 3216. Reimbursement for franked mailings

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 1970

   Postal Reorganization Act

   Pub. L. 91–375 · 84 Stat. 719

   Enacted · 39 U.S.C. § 3216

   Pub. L. 91–375, Aug. 12, 1970, 84 Stat. 754

   Source evidence

   Code source credit
   Pub. L. 91–375, Aug. 12, 1970, 84 Stat. 754

2. 1971

   Legislative Branch Appropriation Act, 1972

   Pub. L. 92–51 § 101 · 85 Stat. 125

   Inserted · 39 U.S.C. § 3216(a)

   Pub. L. 92–51 inserted reference to Legislative Counsel of House of Representatives

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 92–51 inserted reference to Legislative Counsel of House of Representatives.

3. 1973

   Pub. L. 93–191 § 7 · 87 Stat. 737

   1. Amended · 39 U.S.C. § 3216(a)

      Pub. L. 93–191 incorporated existing text in provisions designated as par. (1)(A) and (B)

   2. Substituted · 39 U.S.C. § 3216(a)

      Pub. L. 93–191 incorporated existing text in provisions 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

   3. Added · 39 U.S.C. § 3216(a)

      Pub. L. 93–191 incorporated existing text in provisions 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

   Source evidence

   Code amendment note
   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.

   Enacted provision · exact public law section
   Sec. 7. Section 3216 of title 39, United States Code, is amended to 84 Stat. 754; 85 Stat. 132. read as follows: “§ 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 Post, p. 746. 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), and the Legislative Counsels of the House of Representatives and the Senate; and “(B) by the surviving spouse 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 a lumpsum appropriation to the legislative branch 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 Infra. franked mail shall bear, in the upper right-hand corner, the sender’s signature, or a facsimile thereof, and the printed words ‘Postage paid by Congress’. “(b) Postage on, and fees and charges in connection with, mail matter sent through the mails under section 3214 of this title shall be Ante, p, 742. paid each fiscal year, out of any appropriation made for that purpose, to the Postal Service as postalrevenue 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.”.

4. 1973

   Pub. L. 93–191 § 7 · 87 Stat. 737

   Struck · 39 U.S.C. § 3216(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

   Source evidence

   Code amendment note
   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.

   Enacted provision · exact public law section
   Sec. 7. Section 3216 of title 39, United States Code, is amended to 84 Stat. 754; 85 Stat. 132. read as follows: “§ 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 Post, p. 746. 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), and the Legislative Counsels of the House of Representatives and the Senate; and “(B) by the surviving spouse 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 a lumpsum appropriation to the legislative branch 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 Infra. franked mail shall bear, in the upper right-hand corner, the sender’s signature, or a facsimile thereof, and the printed words ‘Postage paid by Congress’. “(b) Postage on, and fees and charges in connection with, mail matter sent through the mails under section 3214 of this title shall be Ante, p, 742. paid each fiscal year, out of any appropriation made for that purpose, to the Postal Service as postalrevenue 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.”.

5. 1973

   Pub. L. 93–191 § 7 · 87 Stat. 737

   Added · 39 U.S.C. § 3216(c); 39 U.S.C. § 3216(d)

   Pub. L. 93–191 added subsecs. (c) and (d)

   Source evidence

   Code amendment note
   Subsecs. (c), (d). Pub. L. 93–191 added subsecs. (c) and (d).

   Enacted provision · exact public law section
   Sec. 7. Section 3216 of title 39, United States Code, is amended to 84 Stat. 754; 85 Stat. 132. read as follows: “§ 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 Post, p. 746. 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), and the Legislative Counsels of the House of Representatives and the Senate; and “(B) by the surviving spouse 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 a lumpsum appropriation to the legislative branch 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 Infra. franked mail shall bear, in the upper right-hand corner, the sender’s signature, or a facsimile thereof, and the printed words ‘Postage paid by Congress’. “(b) Postage on, and fees and charges in connection with, mail matter sent through the mails under section 3214 of this title shall be Ante, p, 742. paid each fiscal year, out of any appropriation made for that purpose, to the Postal Service as postalrevenue 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.”.

6. 1974

   Pub. L. 93–255 § 2(a) · [88 Stat. 52]

   Struck · 39 U.S.C. § 3216(a)

   Pub. L. 93–255 struck out “, and the printed words ‘Postage paid by Congress’ ” at end of last sentence

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 93–255 struck out “, and the printed words ‘Postage paid by Congress’ ” at end of last sentence.

   Enacted provision · exact public law section
   (a) Section 3216 of title 39, United States Code, is amended by striking out “, and the printed words ‘Postage paid by Congress’”.

7. 1978

   An Act making appropriations for sundry civil expenses of the Government for the fiscal year ending June thirtieth, eighteen hundred and seventy-six, and for other purposes

   Pub. L. 95–521 title VII § 714(b) · 92 Stat. 1824

   Inserted · 39 U.S.C. § 3216(a)(1)(A)

   Pub. L. 95–521 inserted reference to Senate Legal Counsel

   Source evidence

   Code amendment note
   Subsec. (a)(1)(A). Pub. L. 95–521 inserted reference to Senate Legal Counsel.

   Enacted provision · exact public law section
   (b) Section 3216 (a)(1)(A) of such title is amended by striking out “and the Legislative Counsels of the House of Representatives and the Senate” and inserting in lieu thereof “the Legislative Counsels of the House of Representatives and the Senate, and the Senate Legal Counsel”.

8. 1981

   Pub. L. 97–69 § 6(a) · 95 Stat. 1041

   Substituted · 39 U.S.C. § 3216(a)(1)(B)

   Pub. L. 97–69 substituted “survivors” for “surviving spouse”

   Source evidence

   Code amendment note
   Subsec. (a)(1)(B). Pub. L. 97–69 substituted “survivors” for “surviving spouse”.

   Enacted provision · exact public law section
   (a) Section 3216(a)(1)(B) of title 39, United States Code, is amended by striking out “surviving spouse” and substituting “survivors”.

9. 1982

   Pub. L. 97–263 § 1(3) · 96 Stat. 1132

   Inserted · 39 U.S.C. § 3216(a)(1)(A)

   Pub. L. 97–263 inserted reference to Law Revision Counsel of House of Representatives

   Source evidence

   Code amendment note
   Subsec. (a)(1)(A). Pub. L. 97–263 inserted reference to Law Revision Counsel of House of Representatives.

   Enacted provision · exact public law section
   (1) by inserting “the Law Revision Counsel of the House of Representatives,” immediately before “and the Senate Legal Counsel” in section 3210(b)(1);

10. 1990

    Legislative Branch Appropriations Act, 1991

    Pub. L. 101–520 title III § 311(h)(3)(B) · 104 Stat. 2254

    Changed · 39 U.S.C. § 3216

    Pub. L. 101–520 made technical amendment to Pub. L. 101–163, § 316(b). See 1989 Amendment note below

    Source evidence

    Code amendment note
    Pub. L. 101–520 made technical amendment to Pub. L. 101–163, § 316(b). See 1989 Amendment note below.

    Enacted provision · exact public law section
    (B) by redesignating subsections (b) and (c) as subsections (a) and (b), respectively. (i) This section and the amendments made by this section shall apply with respect to sessions of Congress beginning with the first session of the One Hundred Second Congress, except that, with respect to the Senate, subsection (d) shall apply with respect to sessions of Congress beginning with the second session of the One Hundred Second Congress, and the funds referred to in paragraph (3) of such subsection shall not include personal funds of a Senator or Member of the House of Representatives.

11. 1989

    Legislative Branch Appropriations Act, 1990

    Pub. L. 101–163 § 316(b) · 103 Stat. 1041

    Substituted · 39 U.S.C. § 3216(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

    Source evidence

    Code amendment note
    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.

    Enacted provision · exact public law section
    (b) Effective January 1, 1990, a mass mailing (as defined in section 3210(a)(6)(E) of title 39, United States Code) by a Senator or a Member of the House of Representatives shall be limited to 2 sheets of paper (or their equivalent), including any enclosure that— (1) is prepared by or for the Senator or Member who makes the mailing; or (2) contains information concerning, expresses the views of, or otherwise relates to the Senator or Member who makes the mailing.

12. 1989

    Legislative Branch Appropriations Act, 1990

    Pub. L. 101–163 § 317 · 103 Stat. 1041

    Added · 39 U.S.C. § 3216(e)

    Pub. L. 101–163, § 317, added subsec. (e)

    Source evidence

    Code amendment note
    Subsec. (e). Pub. L. 101–163, § 317, added subsec. (e).

    Enacted provision · exact public law section
    Sec. 317. At the end of section 3216 of title 39, United States Code, add the following new subsection: “(e) (1) Not later than two weeks after the last day of each quarter Mail. Reports. of the fiscal year, or as soon as practicable thereafter, the Postmaster General shall send to the Clerk of the House, 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 Clerk of the House, the House Commission on Congressional Mailing Standards, the Committee on House Administration, 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 subsection (1) of this section 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 Administration, 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 subsection (1) of this section, will not exceed the amounts available for the fiscal year.”.

13. 1991

    Pub. L. 102–90 title III § 306 · 105 Stat. 447

    Substituted · 39 U.S.C. § 3216(e)(2)

    Pub. L. 102–90 substituted “paragraph (1) of this subsection” for “subsection (1) of this section” in two places

    Source evidence

    Code amendment note
    Subsec. (e)(2). Pub. L. 102–90 substituted “paragraph (1) of this subsection” for “subsection (1) of this section” in two places.

    Enacted provision · exact public law section
    Sec. 306. Section 3216(e)(2) of title 39, United States Code, is amended by striking “subsection (1) of this section” each place it appears and inserting “paragraph (1) of this subsection”.

14. 1996

    House of Representatives Administrative Reform Technical Corrections Act

    Pub. L. 104–186 title II § 220 · 110 Stat. 1718

    1. Substituted · 39 U.S.C. § 3216(e)

       Pub. L. 104–186 substituted “Chief Administrative Officer of the House of Representatives” for “Clerk of the House” in two places in par. (2)

    2. Substituted · 39 U.S.C. § 3216(e)

       Pub. L. 104–186 substituted “House Oversight” for “House Administration” in two places in par. (2)

    Source evidence

    Code amendment note
    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).

    Enacted provision · exact public law section
    SEC. 220. PROVISIONS RELATING TO POSTAL SERVICE. The provisions of law relating to the Postal Service, enacted as title 39, United States Code, are amended as follows: (1) Paragraphs (1) and (2) of subsection (e), section 3216, title 39, United States Code, are each amended by striking out “Clerk of the House” and inserting in lieu thereof “Chief Administrative Officer of the House of Representatives”. (2) Section 3216(e)(2) of title 39, United States Code, is amended by striking out “House Administration” each place it appears and inserting in lieu thereof “House Oversight”.

15. 2020

    Department of the Treasury Appropriations Act, 2021

    Pub. L. 116–260 div. I title I § 116(b)(2)(A)(ii) · 134 Stat. 1182

    Substituted · 39 U.S.C. § 3216(e)

    Pub. L. 116–260 substituted “House Communications Standards Commission” for “House Commission on Congressional Mailing Standards” wherever appearing

    Source evidence

    Code amendment note
    Subsec. (e). Pub. L. 116–260 substituted “House Communications Standards Commission” for “House Commission on Congressional Mailing Standards” wherever appearing.

    Enacted provision · exact public law section
    Sec. 116. None of the funds appropriated or otherwise made available by this or any other Act may be used by the United States Mint to construct or operate any museum without the explicit approval of the Committees on Appropriations of the House of Representatives and the Senate, the House Committee on Financial Services, and the Senate Committee on Banking, Housing, and Urban Affairs.

    Effective date note
    Amendment 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.

16 of 18 references resolved to an enrolled provision · 2 partial