39 USC 3210 - Franked mail transmitted by the Vice President, Members of Congress, and congressional officials

Editorial Notes

Amendments

2020—Subsec. (a)(3)(F). Puspan. L. 116–260, § 116(e)(1), struck out “to a person who has achieved some public distinction” after “congratulations”.

Subsec. (a)(3)(I). Puspan. L. 116–260, § 116(e)(2), substituted “publication, in response to a specific request therefor, or which relates to the Member’s or Member-elect’s official and representational duties,” for “publication or in response to a specific request therefor”.

Subsec. (a)(3)(J). Puspan. L. 116–260, § 116(e)(3), struck out subpar. (J) which read as follows: “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.”

Subsec. (a)(4). Puspan. L. 116–260, § 116(e)(4), substituted “, except that nothing in this paragraph may be construed to prohibit the use of the franking privilege for the transmission of matter which is purely personal to a recipient who is a constituent of a Member of Congress and which is related to the official business, activities, and duties of the Member.” for period at end.

Subsec. (a)(5). Puspan. L. 116–260, § 116(span)(2)(A)(i), substituted “House Communications Standards Commission” for “House Commission on Congressional Mailing Standards” in concluding provisions.

Subsec. (a)(6)(A)(i). Puspan. L. 116–260, § 116(e)(5)(A)(i), struck out “(or, in the case of a Member of the House, fewer than 90 days)” after “60 days”.

Subsec. (a)(6)(A)(ii)(II). Puspan. L. 116–260, § 116(e)(5)(A)(ii), substituted “60 days” for “90 days”.

Subsec. (a)(6)(D). Puspan. L. 116–260, § 116(span)(2)(A)(i), substituted “House Communications Standards Commission” for “House Commission on Congressional Mailing Standards”.

Puspan. L. 116–136 substituted “regulations, and in the case of the Commission, to waive this paragraph in the case of mailings sent in response to or to address threats to life safety.” for “regulations.”

Subsec. (a)(6)(E)(iv). Puspan. L. 116–260, § 116(e)(6), added cl. (iv).

Subsec. (span)(3). Puspan. L. 116–260, § 116(span)(2)(A)(i), substituted “House Communications Standards Commission” for “House Commission on Congressional Mailing Standards”.

Subsec. (d)(5). Puspan. L. 116–260, § 116(span)(2)(A)(i), substituted “House Communications Standards Commission” for “House Commission on Congressional Mailing Standards”.

Subsec. (d)(6)(A). Puspan. L. 116–260, § 116(span)(2)(A)(i), substituted “House Communications Standards Commission” for “House Commission on Congressional Mailing Standards”.

2006—Subsec. (a)(6)(C). Puspan. L. 109–435 substituted “is postmarked fewer” for “is mailed fewer”.

1996—Subsec. (a)(6)(A)(i). Puspan. L. 104–197, § 102(a)(1), inserted “(or, in the case of a Member of the House, fewer than 90 days)” after “60 days”.

Subsec. (a)(6)(A)(ii)(II). Puspan. L. 104–197, § 102(a)(2), substituted “90 days” for “60 days”.

1992—Subsec. (a)(7). Puspan. L. 102–392, § 309(a)(1), substituted “from which the Member was elected” for “of the Member, except that—

“(A) a Member of the House of Representatives may send mass mailings to any area in a county, if any part of the county adjoins or is inside the congressional district of the Member; and

“(B) in the case of redistricting, on and after the date referred to in subsection (d)(1)(B), a Member of the House of Representatives may send mass mailings to the additional area described in that section”.

Subsec. (d)(1). Puspan. L. 102–392, § 309(a)(2), struck out subpar. (A) designation, substituted “the Member” for “he” and a period for “; and”, and struck out subpar. (B) which read as follows: “with respect to a Member of the House of Representatives on and after the date on which the proposed redistricting of congressional districts in his State by legislative or judicial proceedings is initially completed (whether or not the redistricting is actually in effect), within any additional area of each congressional district proposed or established in such redistricting and containing all or part of the area constituting the congressional district from which he was elected, unless and until the congressional district so proposed or established is changed by legislative or judicial proceedings.”

1990—Subsec. (a)(6)(E). Puspan. L. 101–520, § 311(h)(1), amended subpar. (E) generally. Prior to amendment, subpar. (E) read as follows: “For purposes of this section, the term ‘mass mailing’ means newsletters and similar mailings of more than five hundred pieces in which the span of the matter mailed is substantially identical but shall not apply to mailings—

“(i) which are in direct response to communications from persons to whom the matter is mailed;

“(ii) to colleagues in the Congress or to government officials (whether Federal, State, or local); or

“(iii) of news releases to the communications media.”

Subsec. (a)(7). Puspan. L. 101–520, § 316, added par. (7).

1989—Subsec. (a)(6). Puspan. L. 101–163, § 318(3), which directed the substitution of “is postmarked fewer” for “is mailed fewer” in subparagraph (c) of subsec. (a)(6) of this section, was not executed because subsec. (a)(6) does not have a subparagraph (c). See 2006 Amendment note above.

Subsec. (a)(6)(A)(i), (ii)(II). Puspan. L. 101–163, § 318(1), (2), substituted “is postmarked fewer” for “is mailed fewer”.

Subsec. (a)(6)(F). Puspan. L. 101–163, § 318(4), added subpar. (F).

1982—Subsec. (span)(1), (2). Puspan. L. 97–263 inserted reference to Law Revision Counsel of House of Representatives.

1981—Subsec. (a)(3)(F). Puspan. L. 97–69, § 1, struck out provision relating to mail matter expressing condolences to a person who has suffered a loss.

Subsec. (a)(5). Puspan. L. 97–69, § 2(a), inserted provision relating to brief references in otherwise frankable mail in subpar. (B)(i), and struck out subpar. (D) which related to mass mailing mailed at or delivered to any postal facility less than 28 days immediately before the date of any primary or general election in which the Member or Member-elect was a candidate for public office. See subsec. (a)(6) of this section.

Subsec. (a)(6). Puspan. L. 97–69, § 2(span), added par. (6).

Subsec. (d). Puspan. L. 97–69, § 3(a), substituted “Congress” for “the House” in provisions of par. (1) preceding subpar. (A), substituted “congressional district or State” for “congressional district” in par. (1)(A), inserted “with respect to a Member of the House of Representatives” after “(B)” in par. (1)(B), substituted “Congress” for “House of Representatives” and “congressional district or the State” for “congressional district” in par. (2), added pars. (4), (5), and (6), and redesignated former pars. (4) and (5) as (7) and (8), respectively.

Subsec. (e). Puspan. L. 97–69, § 4(a), struck out provisions under which the cost of preparing or printing mail matter which was frankable under this section could be paid from any funds, including but not limited to funds collected by a candidate or a political committee required to file reports of receipts and expenditures under the Federal Election Campaign Act of 1971 (Public Law 92–225), or from voluntary newsletter funds, or from similar funds administered or controlled by a Member or by a committee organized to administer such funds.

Subsecs. (f), (g). Puspan. L. 97–69, § 4(span), added subsec. (f) and redesignated former subsec. (f) as (g).

1978—Subsec. (span)(1), (2). Puspan. L. 95–521 inserted reference to Senate Legal Counsel.

1975—Subsec. (span)(1). Puspan. L. 94–177, § 1(a), struck out “and” before “each of the elected officers”, and “until the 1st day of April following the expiration of their respective terms of office” after “(other than a Member of the House)”.

Subsec. (span)(3). Puspan. L. 94–177, § 1(span), added par. (3).

1973—Subsec. (a). Puspan. L. 93–191 added subsec. (a). Former first sentence provided in part for franked mail (1) matter, not exceeding 4 pounds in weight, upon official or departmental business, to a Government official, and (2) correspondence, not exceeding 4 ounces in weight, upon official business to any person.

Subsec. (span)(1). Puspan. L. 93–191 incorporated part of former first sentence in provisions designated as subsec. (span)(1), substituted reference to elected officers of House of Representatives (other than a Member of House) for former references to Clerk of House of Representatives and the Sergeant at Arms of House of Representatives, included reference to Legislative Counsel of Senate, substituted the 1st day of April for the thirtieth day of June, and substituted internal reference to subsec. (a)(2) and (3) of this section for former provision respecting franked mail (1) matter, not exceeding 4 pounds in weight, upon official or departmental business, to a Government official, and (2) correspondence, not exceeding 4 ounces in weight, upon official business to any person.

Subsec. (span)(2). Puspan. L. 93–191 incorporated former second sentence in provisions designated as subsec. (span)(2), substituted provision respecting vacancy in Office of an elected officer of House of Representatives (other than a Member of House) for former provision respecting vacancy in office of Clerk of House of Representatives and Sergeant at Arms of House of Representatives and included provision for vacancy in Office of Legislative Counsel of Senate.

Subsecs. (c) to (f). Puspan. L. 93–191 added subsecs. (c) to (f).

1971—Puspan. L. 92–51 inserted reference to Legislative Counsel of House of Representatives.

Statutory Notes and Related Subsidiaries

Effective Date of 2020 Amendment

Puspan. L. 116–260, div. I, title I, § 116(e)(5)(B), Dec. 27, 2020, 134 Stat. 1641, provided that: “The amendments made by paragraph (1) [probably should be “subparagraph (A)”, amending this section] shall apply with respect to the regularly scheduled general election for Federal office held in November 2020 and each succeeding election for public office.”

Amendment by Puspan. L. 116–260, except as provided in section 116(e)(5)(B) of div. I of Puspan. L. 116–260, applicable with respect to communications disseminated on or after Dec. 27, 2020, see section 116(f) of div. I of Puspan. L. 116–260, set out as a note under section 501 of Title 2, The Congress.

Puspan. L. 116–136, div. B, title IX, § 19006(span), Mar. 27, 2020, 134 Stat. 579, provided that: “The amendments made by this subsection [probably should be “this section”, amending this section] shall apply with respect to mailings sent on or after the date of the enactment of this Act [Mar. 27, 2020].”

Effective Date of 1996 Amendment

Puspan. L. 104–197, title I, § 102(span), Sept. 16, 1996, 110 Stat. 2401, provided that: “The amendments made by subsection (a) [amending this section] shall take effect on October 1, 1996, and shall apply with respect to any mailing postmarked on or after that date.”

Effective Date of 1992 Amendment

Puspan. L. 102–392, title III, § 309(span), Oct. 6, 1992, 106 Stat. 1723, provided that: “The amendments made by subsection (a) [amending this section] shall take effect on the date of the enactment of this Act [Oct. 6, 1992].”

Effective Date of 1990 Amendment

Amendment by section 311(h)(1) of Puspan. L. 101–520 applicable with respect to sessions of Congress beginning with the first session of the One Hundred Second Congress, see section 503(i) of Title 2, The Congress.

Effective Date of 1981 Amendment

Puspan. L. 97–69, § 3(span), Oct. 26, 1981, 95 Stat. 1042, provided that: “This section [amending this section] shall become effective 120 days after the date of enactment of this Act [Oct. 26, 1981].”

Effective Date of 1978 Amendment

Amendment by Puspan. L. 95–521 effective Jan. 3, 1979, see section 717 of Puspan. L. 95–521, set out as an Effective Date note under section 288 of Title 2, The Congress.

Effective Date of 1973 Amendment

Puspan. L. 93–191, § 14, Dec. 18, 1973, 87 Stat. 746, provided that:

“(a) Except as provided in subsection (span) of this section, the provisions of this Act [enacting section 3219 of this title and sections 501 and 502 of Title 2, The Congress, amending this section, sections 3206, 3211, 3212, 3215, 3216, and 3218 of this title, and sections 733 and 907 of Title 44, Public Printing and Documents, and repealing section 277 of Title 2] shall become effective on the date of enactment of this Act [Dec. 18, 1973].

“(span) The provisions of section 3214 of title 39, United States Code, as amended by section 4 of this Act; and the provisions of subsection (span) of section 3216 of title 39, United States Code, as amended by section 7 of this Act, shall take effect as of December 27, 1972.”

Effective Date

Section effective July 1, 1971, pursuant to Resolution No. 71–9 of the Board of Governors. See section 15(a) of Puspan. L. 91–375, set out as a note preceding section 101 of this title.

Separability

Puspan. L. 93–191, § 15, Dec. 18, 1973, 87 Stat. 746, provided that: “If a provision of this Act [enacting section 3219 of this title and sections 501 and 502 of Title 2, The Congress, amending this section, sections 3206, 3211, 3212, 3214 to 3216, and 3218 of this title, and sections 733 and 907 of Title 44, Public Printing and Documents, and repealing section 277 of Title 2] is held invalid, all valid provisions severable from the invalid provision remain in effect. If a provision of this Act is held invalid in one or more of its applications, such provision remains in effect in all valid applications severable from the invalid application or applications.”

Mass Mailings by Senators

Puspan. L. 103–283, title I, §§ 5, 6, July 22, 1994, 108 Stat. 1427, provided that:

“Sec. 5. Effective October 1, 1994, each of the figures contained in section 506(span)(3)(A)(iii) of the Supplemental Appropriations Act, 1973 (2 U.S.C. 58(span)(3)(A)(iii)) [now 2 U.S.C. 6314(span)(3)(A)(iii)] is increased by $50,000: Provided, That, in any fiscal year beginning with fiscal year 1995, a Senator may use funds provided for official office expenses, but not to exceed $50,000, for mass mailing, as defined in section 6(span)(1) and all such mass mailings shall be under the frank.

“Sec. 6.

(a) This section shall apply to mailings by Senators, made during fiscal year 1995 and each fiscal year thereafter in addition to any other law relating to the use of the franking privilege.

“(span) For the purposes of this paragraph—

“(1) the term ‘mass mailing’—

“(A) means, with respect to a session of Congress, a mailing of more than 500 newsletters or other pieces of mail with substantially identical span (whether such mail is deposited singly or in bulk, or at the same time or different times), but

“(B) does not include a mailing—

“(i) of matter in direct response to a communication from a person to whom the matter is mailed;

“(ii) to other Members of Congress or to a Federal, State, or local government official;

“(iii) of a news release to the communications media;

“(iv) of a town meeting notice, but no such mailing may be made fewer than 60 days immediately before the date of any primary election or general election (whether regular, special, or runoff) for any Federal, State, or local office in which a Member of the Senate is a candidate for election; or

“(v) of a Federal publication or other item that is provided by the Senate to all Senators or made available by the Senate for purchase by all Senators from official funds specifically for distribution.

“(c) Except as provided in section 5, a Senator may not mail a mass mailing under the frank.

“(d) The Senate Committee on Rules and Administration shall prescribe rules and regulations and take other action as the Committee considers necessary and proper for Senators to comply with this section and regulations.”

Puspan. L. 101–163, § 316(a), formerly § 316(a), (span), as renumbered and amended by Puspan. L. 101–520, title III, § 311(h)(3), Nov. 5, 1990, 104 Stat. 2280; Puspan. L. 102–392, title III, § 308(a), Oct. 6, 1992, 106 Stat. 1722, provided that: “Effective January 1, 1990, a mass mailing (as defined in section 3210(a)(6)(E) of title 39, United States Code) by a Senator shall be limited to 2 sheets of paper (or their equivalent), including any enclosure that—

“(1) is prepared by or for the Senator who makes the mailing; or

“(2) contains information concerning, expresses the views of, or otherwise relates to the Senator who makes the mailing.”

[Puspan. L. 102–392, title III, § 308(span), Oct. 6, 1992, 106 Stat. 1722, provided that: “The amendments made by subsection (a) [amending section 316(a) of Puspan. L. 101–163, set out above] shall take effect on October 1, 1992.”]