39-U.S.C.-3216
§3216 – Reimbursement For Franked Mailings
Pathway
Title 39 > Part IV > Chapter 32 > Section 3216
Details
- Reference: Section 3216
- Legend: §3216 – Reimbursement For Franked Mailings
- USCode Year: 2013
Provision Content
(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 appropriations 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 senders 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 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.
(Pub. L. 91–375, Aug. 12, 1970, 84 Stat. 754; Pub. L. 92–51, §101, July 9, 1971, 85 Stat. 132; Pub. L. 93–191, §7, Dec. 18, 1973, 87 Stat. 745; Pub. L. 93–255, §2(a), Mar. 27, 1974, 88 Stat. 52; Pub. L. 95–521, title VII, §714(b), Oct. 26, 1978, 92 Stat. 1884; Pub. L. 97–69, §6(a), Oct. 26, 1981, 95 Stat. 1043; Pub. L. 97–263, §1(3), Sept. 24, 1982, 96 Stat. 1132; Pub. L. 101–163, title III, §§316(b), formerly §316(c), 317, 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; Pub. L. 102–90, title III, §306, Aug. 14, 1991, 105 Stat. 466; Pub. L. 104–186, title II, §220, Aug. 20, 1996, 110 Stat. 1748.)
Amendments
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 senders 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.
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 1989 Amendment
Section 316(b), formerly section 316(c), of Pub. L. 101–163, as renumbered by 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 Amendment
Amendment 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 Amendment
Amendment 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.
U.S. Encyclopedia of Law Coverage
39-U.S.C.-3216 in the Legal Encyclopedia: Postal Service in General
In this entry about 39-U.S.C.-3216, find legal reference material, bibliographies and premiere content related to postal service in general in the American Encyclopedia of Law, presenting a comprehensive view of the United States postal service in general-specific issues, written by authorities in the field.
39-U.S.C.-3213 in the Legal Encyclopedia: Penalties
In this entry about 39-U.S.C.-3213, find legal reference material, bibliographies and premiere content related to penalties in the American Encyclopedia of Law, presenting a comprehensive view of the United States penalties-specific issues, written by authorities in the field.
39-U.S.C.-3205 in the Legal Encyclopedia: Mail Matter
In this entry about 39-U.S.C.-3205, find legal reference material, bibliographies and premiere content related to mail matter in the American Encyclopedia of Law, presenting a comprehensive view of the United States mail matter-specific issues, written by authorities in the field.
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