    [United States Senate Manual, 106th Congress]
    [S. Doc. 106-1]
    [USCODETITLE]
    [Pages 786-796]
    [From the U.S. Government Publishing Office, www.gpo.gov]

    [[Page 786]]

                                  TITLE 39.--POSTAL SERVICE

                                    Part IV.--MAIL MATTER

                          Chapter 32.--PENALTY AND FRANKED MAIL\1\

           490
           490  Sec. 3201. Definitions.
                    As used in this chapter--
                    \1\ For United States Postal Service regulation on
                    congressional franking privilege, see Senate Manual
                    section 497. See also the Regulations Governing the Use
                    of the Mailing Frank by Members and Officers of the
                    United States Senate, issued by the Select Committee on
                    Ethics. See also Regulations Governing Franked Mail,
                    issued by the Senate Committee on Rules and
                    Administration.
                                (1) ``penalty mail'' means official mail,
                            other than franked mail, which is authorized by
                            law to be transmitted in the mail without
                            prepayment of postage;
                                (2) ``penalty cover'' means envelopes,
                            wrappers, labels, or cards used to transmit
                            penalty mail;
                                (3) ``frank'' means the autographic or
                            facsimile signature of persons authorized by
                            sections 3210-3216 and 3218 of this title to
                            transmit matter through the mail without
                            prepayment of postage or other indicia
                            contemplated by sections 733 and 907 of title
                            44;
                                (4) ``franked mail'' means mail which is
                            transmitted in the mail under a frank;
                                (5) ``Members of Congress'' includes
                            Senators, Representatives, Delegates, and
                            Resident Commissioners; and
                                (6) ``missing child'' has the meaning
                            provided by section 403(1) of the Juvenile
                            Justice and Delinquency Prevention Act of 1974.
                            (Aug. 12, 1970, Pub. L. 91-375, Sec. 2, 84 Stat.
                            751; Aug. 9, 1985, Pub. L. 99-87, Sec. 1(b), 99
                            Stat. 291.)
           491
           491  Sec. 3210. Franked mail transmitted by the Vice President,
                    Members of Congress, and congressional officials.
                    (a)(1) It is the policy of the Congress that the
                privilege of sending mail as franked mail shall be
                established under this section in order to assist and
                expedite the conduct of the official business, activities,
                and duties of the Congress of the United States.
                    (2) It is the intent of the Congress that such official
                business, activities, and duties cover all matters which
                directly or indirectly pertain to the legislative process or
                to any congressional representative functions generally, or
                to the functioning, working, or operating of the Congress
                and the performance of official duties in connection
                therewith, and shall include, but not be limited to, the
                conveying of information to the public, and the requesting
                of the views of the public, or the views and information of
                other authority of government, as a guide or a means of
                assistance in the performance of those functions.
                    (3) It is the intent of the Congress that mail matter
                which is frankable specifically includes, but is not limited
                to--
                                (A) mail matter to any person and to all
                            agencies and officials of Federal, State, and
                            local governments regarding programs, deci

    [[Page 787]]

                            sions, and other related matters of public
                            concern or public service, including any matter
                            relating to actions of a past or current
                            Congress;
                                (B) the usual and customary congressional
                            newsletter or press release which may deal with
                            such matters as the impact of laws and decisions
                            on State and local governments and individual
                            citizens; reports on public and official actions
                            taken by Members of Congress; and discussions of
                            proposed or pending legislation or governmental
                            actions and the positions of the Members of
                            Congress on, and arguments for or against, such
                            matters;
                                (C) the usual and customary congressional
                            questionnaire seeking public opinion on any law,
                            pending or proposed legislation, public issue,
                            or subject;
                                (D) mail matter dispatched by a Member of
                            Congress between his Washington office and any
                            congressional district offices, or between his
                            district offices;
                                (E) mail matter directed by one Member of
                            Congress to another Member of Congress or to
                            representatives of the legislative bodies of
                            State and local governments;
                                (F) mail matter expressing congratulations
                            to a person who has achieved some public
                            distinction;
                                (G) mail matter, including general mass
                            mailings, which consist of Federal laws, Federal
                            regulations, other Federal publications,
                            publications purchased with Federal funds, or
                            publications containing items of general
                            information;
                                (H) mail matter which consists of voter
                            registration or election information or
                            assistance prepared and mailed in a nonpartisan
                            manner;
                                (I) mail matter which constitutes or
                            includes a biography or autobiography of any
                            Member of, or Member-elect to, Congress or any
                            biographical or autobiographical material
                            concerning such Member or Member-elect or the
                            spouse or other members of the family of such
                            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 is
                            not included for publicity purposes in a
                            newsletter or other general mass mailing of the
                            Member or Member-elect under the franking
                            privilege; or
                                (J) 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.
                    (4) It is the intent of the Congress that the franking
                privilege under this section shall not permit, and may not
                be used for, the transmission through the mails as franked
                mail, of matter which in its nature is purely personal to
                the sender or to any other person and is unrelated

                to the official business, activities, and duties of the
                public officials covered by subsection (b)(1) of this
                section.

    [[Page 788]]

                    (5) It is the intent of the Congress that a Member of or
                Member-elect to Congress may not mail as franked mail--
                                (A) mail matter which constitutes or
                            includes any article, account, sketch,
                            narration, or other text laudatory and
                            complimentary of any Member of, or Member-elect
                            to, Congress on a purely personal or political
                            basis rather than on the basis of performance of
                            official duties as a Member or on the basis of
                            activities as a Member-elect;
                                (B) mail matter which constitutes or
                            includes--
                                    (i) greetings from the spouse or other
                                members of the family of such Member or
                                Member-elect, unless it is a brief reference
                                in otherwise frankable mail;
                                    (ii) reports of how or when such Member
                                or Member-elect, or the spouse or any other
                                member of the family of such Member or
                                Member-elect, spends time other than in the
                                performance of, or in connection with, the
                                legislative, representative, and other
                                official functions of such Member or the
                                activities of such Member-elect as a Member-
                                elect; or
                                    (iii) any card expressing holiday
                                greetings from such Member or Member-elect;
                                or
                                (C) mail matter which specifically solicits
                            political support for the sender or any other
                            person or any political party, or a vote or
                            financial assistance for any candidate for any
                            public office.
                The House Commission on Congressional Mailing Standards and
                the Select Committee on Standards and Conduct of the Senate
                shall prescribe for their respective Houses such rules and
                regulations and shall take such other action, as the
                Commission or Committee considers necessary and proper for
                the Members and Members-elect to conform to the provisions
                of this clause and applicable rules and regulations. Such
                rules and regulations shall include, but not be limited to,
                provisions prescribing the time within which such mailings
                shall be mailed at or delivered to any postal facility to
                attain compliance with this clause and the time when such
                mailings shall be deemed to have been so mailed or delivered
                and such compliance attained.
                    (6)(A) It is the intent of Congress that a Member of, or
                Member-elect to, Congress may not mail any mass mailing as
                franked mail--
                                (i) if the mass mailing is mailed fewer than
                            60 days (or in the case of a Member of the
                            House, fewer than 90 days) immediately before
                            the date of any primary election or general
                            election (whether regular, special, or runoff)
                            in which the Member is a candidate for
                            reelection; or
                                (ii) in the case of a Member of, or Member-
                            elect to, the House who is a candidate for any
                            other public office, if the mass mailing--
                                    (I) is prepared for delivery within any
                                portion of the jurisdiction of or the area
                                covered by the public office which is
                                outside the area constituting the
                                congressional district from which the Member
                                or Member-elect was elected; or
                                    (II) is mailed fewer than 90 days
                                immediately before the date of any primary
                                election or general election (whether
                                regular, special, or runoff) in which the
                                Member or Member-elect is a candidate for
                                any other public office.
                    (B) Any mass mailing which is mailed by the chairman of
                any organization referred to in the last sentence of section
                3215 of this title which

    [[Page 789]]

                relates to the normal and regular business of the
                organization may be mailed without regard to the provisions
                of this paragraph.
                    (C) No Member of the Senate may mail any mass mailing as
                franked mail if such mass mailing is mailed fewer than 60
                days immediately before the date of any primary election or
                general election (whether regular, special, or runoff) for
                any national, State or local office in which such Member is
                a candidate for election.
                    (D) The Select Committee on Ethics of the Senate and the
                House Commission on Congressional Mailing Standards shall
                prescribe for their respective Houses rules and regulations,
                and shall take other action as the Committee or the
                Commission considers necessary and proper for Members and
                Members-elect to comply with the provisions of this
                paragraph and applicable rules and regulations. The rules
                and regulations shall include provisions prescribing the
                time within which mailings shall be mailed at or delivered
                to any postal facility and the time when the mailings shall
                be deemed to have been mailed or delivered to comply with
                the provisions of this paragraph.
                    (E) As used in this section, the term ``mass mailing''
                means, with respect to a session of Congress, any mailing of
                newsletters or other pieces of mail with substantially
                identical content (whether such mail is deposited singly or
                in bulk, or at the same time or different times), totaling
                more than 500 pieces in that session, except that such term
                does not include any mailing--
                                (i) of matter in direct response to a
                            communication from a person to whom the matter
                            is mailed;
                                (ii) from a Member of Congress to other
                            Members of Congress, or to Federal, State, or
                            local government officials; or
                                (iii) of a news release to the
                            communications media.
                    (F) For purposes of subparagraphs (A) and (C) if mail
                matter is of a type which is not customarily postmarked, the
                date on which such matter would have been postmarked if it
                were of a type customarily postmarked shall apply.
                    (7) A Member of the House of Representatives may not
                send any mass mailing outside the congressional district
                from which the Member was elected.
                    (b)(1) The Vice President, each Member of or Member-
                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 may send, as
                franked mail, matter relating to their official business,
                activities, and duties, as intended by Congress to be
                mailable as franked mail under subsection (a) (2) and (3) of
                this section.
                    (2) If a vacancy occurs in the Office of the Secretary
                of the Senate, the Sergeant at Arms of the Senate, an
                elected officer of the House of Representatives (other than
                a Member of the House), the Legislative Counsel of the House
                of Representatives or the Senate, the Law Revision Counsel
                of the House of Representatives, or the Senate Legal Counsel
                any authorized person may exercise the franking privilege in
                the officer's name during the period of the vacancy.
                    (3) The Vice President, each Member of Congress, the
                Secretary of the Senate, the Sergeant at Arms of the Senate,
                and each of the elected

    [[Page 790]]

                officers of the House (other than a Member of the House),
                during the 90-day period immediately following the date on
                which they leave office, may send, as franked mail, matter
                on official business relating to the closing of their
                respective offices. The House Commission on Congressional
                Mailing Standards and the Select Committee on Standards and
                Conduct of the Senate \1\ shall prescribe for their
                respective Houses such rules and regulations, and shall take
                such other action as the Commission or Committee considers
                necessary and proper, to carry out the provisions of this
                paragraph.
                    \1\ Name changed to the Select Committee on Ethics by S.
                    Res. 4, 95-1, Feb. 4, 1977.
                    (c) Franked mail may be in any form appropriate for mail
                matter, including, but not limited to, correspondence,
                newsletters, questionnaires, recordings, facsimiles,
                reprints, and reproductions. Franked mail shall not include
                matter which is intended by Congress to be nonmailable as
                franked mail under subsection (a) (4) and (5) of this
                section.
                    (d)(1) A Member of the Congress may mail franked mail
                with a simplified form of address for delivery within that
                area constituting the congressional district or State from
                which the Member was elected.
                    (2) A Member-elect to the Congress may mail franked mail
                with a simplified form of address for delivery within that
                area constituting the congressional district or State from
                which he was elected.
                    (3) A Delegate, Delegate-elect, Resident Commissioner,
                or Resident Commissioner-elect to the House of
                Representatives may mail franked mail with a simplified form
                of address for delivery within the area from which he was
                elected.
                    (4) Any franked mail which is mailed under this
                subsection shall be mailed at the equivalent rate of postage
                which assures that the mail will be sent by the most
                economical means practicable.
                    (5) The Senate Committee on Rules and Administration and
                the House Commission on Congressional Mailing Standards
                shall prescribe for their respective Houses rules and
                regulations governing any franked mail which is mailed under
                this subsection and shall by regulation limit the number of
                such mailings allowed under this subsection.
                    (6)(A) Any Member of, or Member-elect to, the House of
                Representatives entitled to make any mailing as franked mail
                under this subsection shall, before making any mailing,
                submit a sample or description of the mail matter involved
                to the House Commission on Congressional Mailing Standards
                for an advisory opinion as to whether the proposed mailing
                is in compliance with the provisions of this subsection.
                    (B) The Senate Select Committee on Ethics may require
                any Member of, or Member-elect to, the Senate entitled to
                make any mailings as franked mail under this subsection to
                submit a sample or description of the mail matter to the
                Committee for an advisory opinion as to whether the proposed
                mailing is in compliance with the provisions of this
                subsection.
                    (7) Franked mail mailed with a simplified form of
                address under this subsection--
                                (A) shall be prepared as directed by the
                            Postal Service; and
                                (B) may be delivered to--
                                    (i) each box holder or family on a rural
                                or star route;
                                    (ii) each post office box holder; and
                                    (iii) each stop or box on a city carrier
                                route.

    [[Page 791]]

                    (8) For the purposes of this subsection, a congressional
                district includes, in the case of a Representative at Large
                or Representative at Large-elect, the State from which he
                was elected.
                    (e) The frankability of mail matter shall be determined
                under the provisions of this section by the type and content
                of the mail sent, or to be sent.
                    (f) Any mass mailing which otherwise would be permitted
                to be mailed as franked mail under this section shall not be
                so mailed unless the cost of preparing and printing the mail
                matter is paid exclusively from funds appropriated by
                Congress, except that an otherwise frankable mass mailing
                may contain, as an enclosure or supplement, any public
                service material which is purely instructional or
                informational in nature, and which in content is frankable
                under this section.
                    (g) Notwithstanding any other provision of Federal,
                State, or local law, or any regulation thereunder, the
                equivalent amount of postage determined under section 3216
                of this title on franked mail mailed under the frank of the
                Vice President or a Member of Congress, and the cost of
                preparing or printing such frankable matter for such mailing
                under the frank, shall not be considered as a contribution
                to, or an expenditure by, the Vice President or a Member of
                Congress for the purpose of determining any limitation on
                expenditures or contributions with respect to any such
                official, imposed by any Federal, State, or local law or
                regulation, in connection with any campaign of such official
                for election to any Federal office. (Aug. 12, 1970, Pub. L.
                91-375, Sec. 2, 84 Stat. 754; July 9, 1971, Pub. L. 92-51,
                Sec. 101, 85 Stat. 132; Dec. 18, 1973, Pub. L. 93-191,
                Sec. 1(a), 87 Stat. 737; Dec. 23, 1975, Pub. L. 94-177,
                Sec. 1(b), 89 Stat. 1032; Oct. 26, 1978, Pub. L. 95-521,
                Sec. 714(a), 92 Stat. 1884; Oct. 26, 1981, Pub. L. 97-69,
                Secs. 1, 2, 3, 4, 95 Stat. 1041-1043; Sept. 24, 1982, Pub.
                L. 97-263, Sec. 1, 96 Stat. 1132; Pub. L. 101-163, Title
                III, Sec. 318, Nov. 21, 1989, 103 Stat. 1068; Pub. L. 101-
                520, Title III, Secs. 311(h)(1), 316, Nov. 5, 1990, 104
                Stat. 2280, 2283; Pub. L. 102-392, Title III, Sec. 309(a),
                Oct. 6, 1992, 106 Stat. 1722; Pub. L. 104-197, Title I,
                Sec. 102(a), Sept. 16, 1996, 110 Stat. 2401.)
           492
           492  Sec. 3211. Public documents.
                    The Vice President, Members of 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) during the 90-day period
                immediately following the expiration of their respective
                terms of office, may send and receive as franked mail all
                public documents printed by order of Congress. (Aug. 12,
                1970, Pub. L. 91-375, Sec. 2, 84 Stat. 754; Dec. 18, 1973,
                Pub. L. 93-191, Sec. 2, 87 Stat. 741; Oct. 26, 1981, Pub. L.
                97-69, Sec. 5(a), 95 Stat. 1043.)
           493
           493  Sec. 3212. Congressional Record under frank of Members of
                    Congress.
                    (a) Members of Congress may send the Congressional
                Record as franked mail.
                    (b) Members of Congress may send, as franked mail, any
                part, of, or a reprint of any part of, the Congressional
                Record, including speeches or reports contained therein, if
                such matter is mailable as franked mail under section 3210
                of this title. (Aug. 12, 1970, Pub. L. 91-375, Sec. 2, 84
                Stat. 754; Dec. 18, 1973, Pub. L. 93-191, Sec. 3, 87 Stat.
                741.)

    [[Page 792]]

                Cross Reference
                    For extracts from Congressional Record furnished Members
                of Congress and the Resident Commissioner in envelopes ready
                for mailing, see section 907 of title 44, United States Code
                (Senate Manual section 657).
           494
           494  Sec. 3213. Seeds and reports from Department of Agriculture.
                    Seeds and agricultural reports emanating from the
                Department of Agriculture may be mailed--
                                (1) as penalty mail by the Secretary of
                            Agriculture; and
                                (2) during the 90-day period immediately
                            following the expiration of their terms of
                            office, as franked mail by Members of Congress.
                            (Aug. 12, 1970, Pub. L. 91-375, Sec. 2, 84 Stat.
                            754; Oct. 26, 1981, Pub. L. 97-69, Sec. 5(b), 95
                            Stat. 1043.)
           495
           495  Sec. 3215. Lending or permitting use of frank unlawful.
                    A person entitled to use a frank may not lend it or
                permit its use by any committee, organization, or
                association, or permit its use by any person for the benefit
                or use of any committee, organization, or association. This
                section does not apply to any standing, select, special, or
                joint committee, or subcommittee thereof, or commission, of
                the Senate, House of Representatives, or Congress, composed
                of Members of Congress, or to the Democratic caucus or the
                Republican conference of the House of Representatives or of
                the Senate. (Aug. 12, 1970, Pub. L. 91-375, Sec. 2, 84 Stat.
                754; Dec. 18, 1973, Pub. L. 93-191, Sec. 10, 87 Stat. 746.)
           496
           496  Sec. 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 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 appropriation 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 sender's 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

    [[Page 793]]

                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 the 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
                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
                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 subsection (1) of
                this section, will not exceed the amounts available for the
                fiscal year. (Aug. 12, 1970, Pub. L. 91-375, Sec. 2, 84
                Stat. 754; July 9, 1971, Pub. L. 92-51, Sec. 101, 85 Stat.
                132; Dec. 18, 1973, Pub. L. 93-191, Sec. 7, 87 Stat. 745;
                Mar. 27, 1974, Pub. L. 93-255, Sec. 2(a), 88 Stat. 52; Oct.
                26, 1978, Pub. L. 95-521, Sec. 714(b), 92 Stat. 1884; Oct.
                26, 1981, Pub. L. 97-69, Sec. 6(a), 95 Stat. 1043; Sept. 24,
                1982, Pub. L. 97-263, Sec. 1, 96 Stat. 1132; Pub. L. 101-
                163, Title III, Sec. 316(b), formerly Sec. 316(c), Sec. 317,
                Nov. 21, 1989, 103 Stat. 1067, renumbered Pub. L. 101-520,
                Title III, Sec. 311(h)(3)(B), Nov. 5, 1990, 104 Stat. 2280;
                Pub. L. 102-90, Title III, Sec. 306, Aug. 14, 1991, 105
                Stat. 466; Pub. L. 104-186, Title II, Sec. 220, Aug. 20,
                1996, 110 Stat. 1748.)
         496.1
         496.1  Sec. 3218. Franked mail for survivors of Members of
                    Congress.
                    Upon the death of a Member of Congress during his term
                of office, the surviving spouse of such Member (or, if there
                is no surviving spouse, a member of the immediate family of
                the Member designated by the Secretary of the Senate or the
                Clerk of the House of Representatives, as appropriate, in
                accordance with rules and procedures established by the
                Secretary or the Clerk) may send, for a period not to exceed
                180

    [[Page 794]]

                days after his death, as franked mail, nonpolitical
                correspondence relating to the death of the Member. (Aug.
                12, 1970, Pub. L. 91-375, Sec. 2,

                84 Stat. 755; Dec. 18, 1973, Pub. L. 93-191, Sec. 11, 87
                Stat. 746; Oct. 26, 1981, Pub. L. 97-69, Sec. 6 (b) and (c),
                95 Stat. 1043.)

         496.2
         496.2  Sec. 3219. Mailgrams.
                    Any Mailgram sent by the Vice President, a Member of or
                Member-elect to Congress, the Secretary of the Senate, the
                Sergeant at Arms of the Senate, an elected officer of the
                House of Representatives (other than a Member of the House),
                the Legislative Counsel of the House of Representatives or
                the Senate, the Law Revision Counsel of the House of
                Representatives, or the Senate Legal Counsel, and then
                delivered by the Postal Service, shall be considered as
                franked mail, subject to section 3216(a)(2) of this title,
                if such Mailgram contains matter of the kind authorized to
                be sent by that official as franked mail under section 3210
                of this title. (Added Dec. 18, 1973, Pub. L. 93-191,
                Sec. 12, 87 Stat. 746; Oct. 26, 1978, Pub. L. 95-521,
                Sec. 714(c), 92 Stat. 1884; Sept. 24, 1982, Pub. L. 97-263,
                Sec. 1, 96 Stat. 1132.)
         496.3
         496.3  Sec. 3220. Use of official mail in the location and recovery
                    of missing children.
                    (a)(1) The Office of Juvenile Justice and Delinquency
                Prevention, after consultation with appropriate public and
                private agencies, shall prescribe general guidelines under
                which penalty mail may be used to assist in the location and
                recovery of missing children. The guidelines shall provide
                information relating to--
                                (A) the form and manner in which materials
                            and information relating to missing children
                            (such as biographical data and pictures,
                            sketches, or other likenesses) may be included
                            in penalty mail;
                                (B) appropriate sources from which such
                            materials and information may be obtained;
                                (C) the procedures by which such materials
                            and information may be obtained; and
                                (D) any other matter which the Office
                            considers appropriate.
                    (2) Each executive department and independent
                establishment of the Government of the United States shall
                prescribe regulations under which penalty mail sent by such
                department or establishment may be used in conformance with
                the guidelines prescribed under paragraph (1).
                    (b) The Senate Committee on Rules and Administration and
                the House Commission on Congressional Mailing Standards
                shall prescribe for their respective Houses rules and
                regulations, and shall take such other action as the
                Committee or Commission considers necessary and proper, in
                order that purposes similar to those of subsection (a) may,
                in the discretion of the congressional official or office
                concerned, be carried out by the use of franked mail sent by
                such official or office.
                    (c) As used in this section, ``Office of Juvenile
                Justice and Delinquency Prevention'' and ``Office'' each
                means the Office of Juvenile Justice and Delinquency
                Prevention within the Department of Justice, as established
                by section 201 of the Juvenile Justice and Delinquency
                Prevention Act of 1974. (Aug. 9, 1985, Pub. L. 99-87,
                Sec. 1(a)(1), 99 Stat. 290.)

    [[Page 795]]

           497
           497
                      Domestic Mail Manual Provisions Relating to the
                              Congressional Franking Privilege

                             Part E050--Official Mail (Franked)

                1.0  Basic Information

                1.1  Members of Congress. Official mail of Members of
                Congress is sent without prepayment of postage and bears
                instead a written or printed facsimile signature, or a
                specified marking. Exhibit 1.1 shows what is accepted under
                frank and who is authorized its use.

                1.2  Former President and Spouse. Any former President of
                the United States and any surviving spouse of a former
                President may send nonpolitical mail as franked mail if it
                bears the sender's written or facsimile signature and the
                words ``Postage and Fees Paid'' in the upper right corner of
                the address side.

                1.3  Surviving Spouse of Member of Congress. When a Member
                of Congress dies during the term of office, the Member's
                surviving spouse may send correspondence relating to the
                death without prepayment of postage, for a period not to
                exceed 180 days after the death of the Member. The mail must
                bear the sender's written or facsimile signature in the
                upper right corner of the address side. If there is no
                surviving spouse, this privilege may be exercised by an
                immediate family member of the deceased Member of Congress
                designated by the Secretary of the Senate or the Clerk of
                the House of Representatives, as appropriate.

                1.4  Use. A person entitled to use franked mail may not lend
                this frank or permit its use by any committee, organization,
                association, or other person. This restriction does not
                apply to a committee of the Congress.

                1.5  Criteria. Franked mail must be addressed to the
                recipient by name, except under A040 and must meet the
                mailability criteria in C010, C020, and C030, and the
                physical standards for the class of mail being used.\1\

                    \1\ Part A040 describes alternative addressing formats.
                    Part C010 gives general mailability standards (such as
                    requisite dimensions, packaging, and containers). Part
                    C020 describes articles and substances prohibited
                    because they may be injurious to life, health or
                    property (such as liquor or firearms). Part C030 refers
                    to restricted forms of printed materials (such as
                    deceptive solicitations or sexually oriented
                    advertisements).

                1.6  Handling. Franked mail is entitled to all special
                services for which it is properly endorsed, and is handled
                and forwarded as ordinary mail, except that after delivery
                to the addressee, it may not be remailed.

                1.7  Package to One Addressee. A person entitled to use
                franked mail may send a package of franked mail to one
                addressee, who may open the package and on behalf of such
                person address the franked articles and mail them.

    [[Page 796]]

                                                       Exhibit 1.1
    ----------------------------------------------------------------------------------------------------------------
              User entitled                Matter permitted           Marking required          Period authorized
    ----------------------------------------------------------------------------------------------------------------
    Vice President of the United      Public documents printed   Public Document and the    During 90 days
     States, Members of Congress,      by order of Congress.      letters U.S.S. or M.C.     immediately after
     Resident Commissioners,                                      must appear on address     expiration of term of
     Secretary of the Senate,                                     side.                      office.
     Sergeant at Arms of the Senate,
     and each elected officer of the
     House of Representatives (other
     than Members of the House).
    ----------------------------------------------------------------------------------------------------------------
    Members of Congress and Resident  Congressional Record or    Congressional Record or    During term of office
     Commissioners                     any part of it             Part of Congressional      only.
                                       (including reprints of     Record and U.S.S. or
                                       any part, speech, or       M.C. must appear on the
                                       report contained in it)    address side.
                                       if for official
                                       business, activities, or
                                       duties.
    ----------------------------------------------------------------------------------------------------------------
    Members of Congress               Seed and agricultural      Signature and title        During 90 days
                                       reports from Department    (written or printed        immediately after
                                       of Agriculture.            facsimile) of person       expiration of term of
                                                                  entitled to frank must     office.
                                                                  appear on address side.
    ----------------------------------------------------------------------------------------------------------------
    Vice President of the United      Official correspondence    Mailgrams may be sent in   During term of office
     States, Members and Members-      including Mailgrams        standard Mailgram          only. When position of
     elect of Congress, Resident                                  envelopes. For other       Secretary, Sergeant at
     Commissioners, Secretary of the                              correspondence,            Arms, elected officer,
     Senate, Sergeant at Arms of the                              signature and title        Legislative Counsel,
     Senate, each elected officer of                              (written or printed        Law Revision Counsel,
     the House of Representatives                                 facsimile) of person       or Senate Legal Counsel
     (other than a Member of the                                  entitled to frank must     is vacant, privileges
     House), Legislative Counsels of                              appear on address side.    may be exercised in
     the House of Representatives                                                            officer's name by
     and the Senate, Law Revision                                                            authorized persons.
     Counsel of the House of
     Representatives, and Senate
     Legal Counsel.
    ----------------------------------------------------------------------------------------------------------------
    Vice President-elect              All mail connected with    Signature and title        Until assumption of
                                       preparation for            (written or printed        duties as Vice
                                       assumption of official     facsimile) of Vice         President.
                                       duties as Vice President.  President-elect must
                                                                  appear on address side.
    ----------------------------------------------------------------------------------------------------------------
    Former Vice President, each       Matter on official         Signature and title        During 90 days
     former Member of Congress,        business about closing     (written or printed        immediately after date
     former Secretary of the Senate,   of offices.                facsimile) of person       of leaving office.
     former Sergeant at Arms of the                               entitled to frank must
     Senate, each former elected                                  appear on address side.
     officer of the House (other
     than a former Member of the
     House), and each former
     Delegate or Resident
     Commissioner.
    ----------------------------------------------------------------------------------------------------------------
    Former Speakers of the House      Public documents, seeds,   Signature and title        For as long as the
                                       and agricultural reports   (written or printed        former Speaker
                                       from Department of         facsimile) of former       determines necessary.
                                       Agriculture, official      Speaker, or Mailgram or
                                       correspondence including   public document marking
                                       Mailgrams.                 as shown above, must
                                                                  appear on address side.
    ----------------------------------------------------------------------------------------------------------------