[United States Senate Manual, 110th Congress]
[S. Doc. 110-1]
[USCODETITLE]
[Pages 992-1002]
[From the U.S. Government Publishing Office, www.gpo.gov]


[[Page 992]]
 
                              TITLE 39.--POSTAL SERVICE

            
                                Part IV.--MAIL MATTER

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

      1205  Sec. 3201. Definitions.
                As used in this chapter--
                \1\For United States Postal Service regulation on 
                congressional franking privilege, see Senate Manual 
                section 1215. 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.)
      1206  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 993]]

                        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 994]]

                (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 postmarked 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 995]]

            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 postmarked 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 996]]

            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 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 the 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 997]]

                (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, 
            Sec. Sec. 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, Sec. Sec. 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; Pub.L. 109-435, 
            Title X, Sec. 1010(g)(4), Dec. 20, 2006, 120 Stat. 3262.)
      1207  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.)
      1208  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 998]]

            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 1312).
      1209  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.)
      1210  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.)
      1211  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 999]]

            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. (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.)
      1212  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 1000]]

            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), (c)(1), 
            95 Stat. 1043.)

      1213  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.)
      1214  Sec. 3220. Omitted.

  

      1215  
                  Domestic Mail Manual Provisions Relating to the 
                          Congressional Franking Privilege

            
                          703.6.0.--Official Mail (Franked)

            703.6.1  Basic Information

            703.6.1.1  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 6.1.1 shows what is accepted 
            under frank and who is authorized its use.

            703.6.1.2  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.

            703.6.1.3  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.

            703.6.1.4  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.

            703.6.1.5  Criteria. Franked mail must be addressed to the 
            recipient by name, except under 602.3.0, Use of Alternative 
            Addressing, and it

[[Page 1001]]

            must meet the mailability criteria in 601 and the physical 
            standards for the class of mail used.\1\

                \1\Part 602.3.0 describes alternative addressing 
                formats. Part 601.1.0 gives general mailability 
                standards (such as requisite dimensions, packaging, and 
                containers). Part 601.11.0 describes articles and 
                substances prohibited because they may be injurious to 
                life, health or property (such as liquor or firearms). 
                Part 601.12.0 refers to restricted forms of printed 
                materials (such as deceptive solicitations or sexually 
                oriented advertisements).

            703.6.1.6  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.

            703.6.1.7  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 1002]]



                                                                    Exhibit 6.1.1\1\
--------------------------------------------------------------------------------------------------------------------------------------------------------
         User Entitled                       Matter Permitted                        Marking Required                        Period Authorized
--------------------------------------------------------------------------------------------------------------------------------------------------------
Vice President of the United     Public documents printed by order of     ``Public Document'' and ``U.S.S.'' or   During 90 days immediately after
 States, Members of Congress,     Congress                                 ``M.C.'' must appear on address side    expiration of term of office.
 Resident Commissioners,
 Secretary of the Senate,
 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          ``Congressional Record'' or any part of  ``Congressional Record'' or ``Part of   During term of office only.
 Resident Commissioners           it (including reprints of any part,      Congressional Record'' and ``U.S.S.''
                                  speech, or report contained in it) if    or ``M.C.'' must appear on the
                                  for official business, activities, or    address side
                                  duties
--------------------------------------------------------------------------------------------------------------------------------------------------------
Members of Congress              Seed and agricultural reports from       Signature and title (written or         During 90 days immediately after
                                  Department of Agriculture                printed facsimile) of person entitled   expiration of term of office.
                                                                           to frank must appear on address side
--------------------------------------------------------------------------------------------------------------------------------------------------------
Vice President of the United     Official correspondence                  The signature and title (written or     During term of office only. When
 States, Members and Members-                                              printed facsimile) of person entitled   position of Secretary, Sergeant at
 elect of Congress, Resident                                               to frank must appear on address side    Arms, elected officer, Legislative
 Commissioners, Secretary of                                                                                       Counsel, Law Revision Counsel, or
 the Senate, Sergeant at Arms                                                                                      Senate Legal Counsel is vacant,
 of the Senate, each elected                                                                                       privileges may be exercised in
 officer of the House of                                                                                           officer's name by authorized persons.
 Representatives (other than a
 Member of the House),
 Legislative Counsels of the
 House of Representatives and
 the Senate, Law Revision
 Counsel of the House of
 Representatives, and Senate
 Legal Counsel
--------------------------------------------------------------------------------------------------------------------------------------------------------
Vice President-elect             All mail connected with preparation for  Signature and title (written or         Until assumption of duties as Vice
                                  assumption of official duties as Vice    printed facsimile) of Vice President-   President.
                                  President                                elect must appear on address side
--------------------------------------------------------------------------------------------------------------------------------------------------------
Former Vice President, each      Matter on official business about        Signature and title (written or         During 90 days immediately after date
 former Member of Congress,       closing of offices                       printed facsimile) of person entitled   of leaving office.
 former Secretary of the                                                   to frank must appear on address side
 Senate, former Sergeant at
 Arms of the Senate, each
 former elected officer of the
 House (other than former
 Member of the House), and each
 former Delegate or Resident
 Commissioner
--------------------------------------------------------------------------------------------------------------------------------------------------------
Former Speakers of the House     Public documents, seeds, and             Signature and title (written or         For as long as former Speaker
                                  agricultural reports from Department     printed facsimile) of former Speaker    determines necessary.
                                  of Agriculture, official                 or public document marking as shown
                                  correspondence                           above, must appear on address side
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\Available at http://pe.usps.gov/text/dmm300/703.htm#1114040.

                  40 u.s.c.--public buildings, property, and works

                  general and permanent laws relating to the senate