HISTORICAL AND REVISION NOTES Based on title 39, U.S.C., 1952 ed., §§ 225, 243, 250, 251 (R.S. 3882; Mar. 3, 1879, ch. 180, §§ 12, 21, 24, 20 Stat. 359, 360, 361; Aug. 24, 1912, ch. 389, § 8, 37 Stat, 557) and on section 1717(c) of title 18, U.S.C., 1952 ed. (June 25, 1948, ch. 645, § 1, 62 Stat. 782).

Subsection (a) covers section 250 of title 39. (See also sec. 4251 of this title.)

Subsection (b) covers the provisions of section 251 of title 39, and the sense of the first sentences of sections 225 and 243, title 39, i.e., mail may be examined. The balance of section 225 is covered by section 4365 of this title. The balance of section 243 is covered by section 4002 of this title.

§ 4059. Addresses on postal cards and unsealed circulars.

Addresses upon postal cards, post cards and unsealed circulars may be either written, printed, or affixed thereto, at the option of the sender. (Pub. L. 86-682, Sept. 2, 1960, 74 Stat. 657.)

HISTORICAL AND REVISION NOTES

Based on title 39, U.S.C., 1952 ed., § 248 (July 12, 1876, ch. 179, § 15, 19 Stat. 82).

This section is retained as it is a limitation on the authority of Post Office Department.

The words "post cards" are added. They are private mailing cards serving the same purpose as "postal cards." The limitation on the Department's authority to prescribe the manner of address applies to them.

§ 4060. Foreign publications free from customs duty. (a) Printed matter other than books received in the mail from foreign countries under the provisions of postal treaties or conventions are free of customs duty.

(b) When books which are admitted to the international mail under the provisions of the Universal Postal Union Convention are subject to customs duty, they may be delivered by the Postmaster General as addressed under such regulations for the collection of duties as may be agreed upon by him and the Secretary of the Treasury. (Pub. L. 86–682, Sept. 2, 1960, 74 Stat. 657.)

HISTORICAL AND REVISION NOTES

Based on title 39, U.S.C., 1952, ed., § 239 (Mar. 3, 1879, ch. 180, § 17, 20 Stat. 359; Feb. 28, 1925, ch. 368, § 206, 43 Stat. 1067).

Changes are made in phraseology.

§ 4101. Retention period for undelivered mail.

The Postmaster General may prescribe the period during which undelivered mail may be held for delivery. (Pub. L. 86-682, Sept. 2, 1960, 74 Stat. 658.)

HISTORICAL AND REVISION NOTES

Based on title 39, U.S.C., 1952 ed., §§ 278a, 406 (R.S. 3936; Apr. 24, 1920, ch. 161, § 4, 41 Stat. 583; June 7, 1935, ch. 203, 49 Stat. 333; June 8, 1950, ch. 222, § 1, 64 Stat. 210; Apr. 9, 1958, Pub L. 85-371, § 4, 72 Stat. 83).

This section covers the first sentence of section 406 of title 39 and the sense of section 278a, which authorize the Postmaster General to regulate the period during which mail may be held for delivery. The remainder of section 406 is covered by section 4108 of this title. The remainder of section 278a is covered by sections 4102, 4103, and 4105 of this title. The authority to prescribe regulations is covered by section 501 of this title. Changes are made in phraseology.

§ 4102. Forwarding mail.

The Postmaster General shall forward prepaid first class mail from one post office to another at the request of the party addressed without additional charge for postage. He shall charge additional postage on mail of other classes forwarded from one post office to another in accordance with section 4105 of this title. (Pub. L. 86-682, Sept. 2, 1960, 74 Stat. 658.)

HISTORICAL AND REVISION NOTES

Based on title 39, U.S.C., 1952 ed., §§ 278a and 410 (R.S. 3940; June 8, 1950, ch. 222, § 1, 64 Stat. 210).

The first sentence is based on section 410 of title 39. The words "first-class mail" are substituted for "letters" so that it will be clear that first class parcels, postal cards and post cards are entitled to be forwarded.

The second sentence covers that part of section 278a of title 39, which provides that other classes of mail may be forwarded only when charged with additional postage. The provision with respect to return of such mail to senders is covered by section 4103 of this title. The authority to prescribe regulations is covered by section 501 of this title. The remainder of the section is covered by sections 4101 and 4105 of this title. Forwarding of air mail is covered by section 4302. Changes are made in phraseology.

§ 4103. Return of mail.

Prepaid letters or parcels of the first class endorsed with the sender's name and address shall be returned by the Postmaster General without additional charge for postage if remaining undelivered for the period directed by the sender or as prescribed by the Postmaster General. He may not return other mail matter unless the sender pays additional postage in accordance with section 4105 of this title. (Pub. L. 86-682, Sept. 2, 1960, 74 Stat. 658.)

HISTORICAL AND REVISION NOTES

Based on title 39, U.S.C., 1952 ed., §§ 278a and 409 (R.S. 3939; June 24, 1910, ch. 380, 36 Stat. 630; June 8, 1950, ch. 222, § 1, 64 Stat. 210).

The first sentence is based on section 409 of title 39. Reference to advertising is eliminated as obsolete.

The second sentence is based on section 278a of title 39, insofar as it relates to the return of mail other than first class to senders. The remainder of said section is covered by sections 501, 4101, 4102 and 4105 of this title. Forwarding of air mail is covered by section 4302. Changes are made in phraseology.

§ 4104. International dead letters.

The Postmaster General shall treat international dead letters in accordance with postal arrangements made with other countries pursuant to section 505 of this title. (Pub. L. 86-682, Sept. 2, 1960, 74 Stat. 658.)

HISTORICAL AND REVISION NOTES

Based on title 5, U.S.C., 1952 ed., § 375 (R.S. 401). Changes are made in phraseology.

§ 4105. Disposal of undelivered mail.

(a) Undelivered mail, other than letters and parcels of the first class, may be

(1) disposed of as the Postmaster General directs; or

(2) forwarded to the addressee or returned to the sender.

The postage for the service may be prepaid or collected on delivery in accordance with the instructions and pledge of the addressee or sender.

(b) The Postmaster General may prescribe conditions under which mail covered by subsection (a), including mail which is of an urgent or perishable nature, and for which payment of forwarding or return postage is not pledged, may be forwarded or returned.

(c) The Postmaster General may sell undelivered parcels containing perishable matter, not forwarded or returned. He shall remit to the sender or rightful owner the amount realized, less a commission of 10 per centum, or 25 cents, whichever is the greater. (Pub. L. 86-682, Sept. 2, 1960, 74 Stat. 658.) HISTORICAL AND REVISION NOTES

Based on title 39, U.S.C., 1952 ed., §§ 261, 278a, 411 (R.S. 4061; May 9, 1930, ch. 231, § 1, 46 Stat. 264; June 8, 1950, ch. 222, § 1, 64 Stat. 210; Apr. 9, 1958, Pub. L. 85371, § 5. 72 Stat. 83).

Subsections (a), (b) and (c) cover the sense of sections 278a and 411 of title 39 with respect to the disposition of undelivered matter. The remainder of section 278a is covered by sections 4101, 4102, 4103 and 501 of this title. Subsection (d) covers section 261 of title 39.

The authority to prescribe regulations contained in section 411 of title 39 is covered by section 501 of this title.

Changes are made in phraseology.

§ 4106. Notice of nondelivery of mail.

(a) The Postmaster General may notify the sender or addressee when mail, other than mail of the first class, is undeliverable as addressed.

(b) The Postmaster General shall notify the publisher or news agent when copies of a publication of the second class mailed by him are undeliverable as addressed. Copies of publications undeliverable as addressed received subsequent to the notice may be treated as directed by the Postmaster General. (Pub. L. 86-682, Sept. 2, 1960, 74 Stat. 658.)

HISTORICAL AND REVISION NOTES

Based on title 39, U.S.C., 1952 ed., § 278b (June 8, 1950, ch. 222, § 2, 64 Stat. 210).

The fees set out in section 278b are omitted because the Postmaster General is authorized by title 39, section 246f (a) (8) to fix the fees for the notices mentioned in this section. He has exercised the authority and changed these fees. This authority is covered by section 506 of this title. The phrase "as provided by sections 278a and 278b of this title or" is omitted as unnecessary.

The authority to issue regulations which that section twice confers on the Postmaster General is omitted because it is covered by section 501 of this title. Changes are made in phraseology.

84107. Dead letter offices established.

The Postmaster General may designate places, known as dead letter offices, for the examination and treatment of dead mail. (Pub. L. 86-682, Sept. 2, 1960, 74 Stat. 659.)

HISTORICAL AND REVISION NOTES

Based on title 39, U.S.C., 1952 ed., § 408 (R.S. 3938; July 28, 1916, ch. 261, § 1, 39 Stat. 418).

The authority to establish dead letter offices and the name "dead letter office" is derived from the section cited. The provision of section 408 regarding dead letter treatment is placed in section 4108.

Changes are made in phraseology.

§ 4108. Dead letter treatment of first class mail.

(a) The Postmaster General shall send first class mail which cannot be delivered either to the addressee or sender to a dead letter office. He shall cause enclosures of value, other than correspondence, to be recorded. When the sender or addressee cannot be identified, he shall hold the letters or parcels for reclamation for a period of one year after which they shall be disposed of as he directs. Letters and parcels without valuable enclosures may be disposed of by him without record and not held for reclamation.

(b) The Postmaster General shall return to the senders by registered mail ordinary dead letters containing $10 or more in cash, and parcels of the first class which apparently contain matter valued at $10 or more. The minimum registry fee, in addition to such other fees as the Postmaster General may prescribe, shall be collected at the time of delivery. (Pub. L. 86-682, Sept. 2, 1960, 74 Stat. 659.) HISTORICAL AND REVISION NOTES

Based on title 39, U.S.C., 1952 ed., §§ 406, 408 (R.S. 3936, 1938; July 28, 1916, ch. 261, § 1, 39 Stat. 418; Apr. 24, 1920, ch. 161, § 4, 41 Stat. 583; June 7, 1935, ch. 203, 49 Stat. 333; Apr. 9, 1958, Pub. L., 85-371, § 4, 72 Stat. 83). Subsection (a) covers section 408 of title 39.

Subsection (b) covers the second sentence of section 406 of title 39. The first sentence is covered by section 4101 of this title. Reference to "regulations" is omitted in item 8, section 501 of this title. Changes are made in phraseology.

§ 4109. Unpaid and part paid mail.

The Postmaster General shall prescribe the conditions for delivery to the addressee, return to the sender, or other disposition, of matter mailed without prepayment of the postage required by law. (Pub. L. 86-682, Sept. 2, 1960, 74 Stat. 659.)

HISTORICAL AND REVISION NOTES

Based on title 39, U.S.C., 1952 ed., §§ 4109, 4110 (Apr. 9, 1958, Pub. L., 85-371, § 1, 72 Stat. 83).

This section covers subsection (a) of the cited section. The word "regulations" is omitted in view of section 501 of this title. Surplus language is omitted. Changes are made in phraseology.

§ 4110. Charges for unpaid and part paid mail.

The Postmaster General shall prescribe from time to time the charges to be collected for matter mailed without prepayment of required postage. The charges

(1) shall be in addition to the payment of lawfully required postage,

(2) may not be adjusted more frequently than once every two years, and

(3) when adjusted, shall equal, as nearly as practicable, the approximate cost incurred by the Department with respect to the delivery of such matter and the collection of postage and other charges thereon.

The Postmaster General may waive the collection of any charges when he deems a waiver to be in the interest of the Government. (Pub. L. 86-682, Sept. 2, 1960, 74 Stat. 659.)

HISTORICAL AND REVISION NOTES

Based on title 39, U.S.C., 1952 ed., §§ 4109, 4110 (Apr. 9, 1958, Pub. L., 85-371, § 1, 72 Stat. 83).

This section covers subsection (b) of the cited section. The word "regulations" is omitted in view of section 501 of this title.

"Penalty mail" means official mail, other than franked mail, which is authorized by law to be transmitted in the mail without prepayment of postage.

"Penalty cover" means envelopes, wrappers, labels, or cards used to transmit penalty mail.

"Frank" means the autographic or facsimile signature of persons authorized by sections 4161-4167 of this title to transmit matter through the mail without prepayment of postage or other indicia contemplated by sections 162 and 185 of title 44.

"Franked mail" means mail which is transmitted in the mail under a frank.

"Members of Congress" includes Senators, Representatives, Delegates and Resident Commissioners. (Pub. L. 86-682, Sept. 2, 1960, 74 Stat. 660.)

HISTORICAL AND REVISION NOTES

The term "penalty mail" is historically derived from the penal provision now contained in section 1719 of title 18.

The definition of the term "penalty cover" is included to eliminate the necessity of repeating the words "envelopes, wrappers, labels, or cards" (39 U.S.C. 3211) in reference to penalty mail.

The definitions of the terms "frank" and "franked mail" are based on the provisions of sections 325 and 326, title 39, wherein reference is made to the frank as being the name and office of the person authorized to use same. The definition of Members of Congress is used to eliminate the need of repeating the officials included within the term.

§ 4152. Penalty mail.

(a) Subject to the limitations imposed by sections 4154 and 4158 of this title, there may be transmitted as penalty mail

(1) official mail of—

(A) officers of the United States Government other than Members of Congress;

(B) the Smithsonian Institution; (C) the Pan American Union;

(D) the Pan American Sanitary Bureau; (E) the United States Employment Service and the system of employment offices operated

by it in conformity with the provisions of sections 49-49c, 49d, 49e-49k of title 29, and all State employment systems which receive funds appropriated under authority of those sections;

and

(F) any college officer or other person connected with the extension department of the college as the Secretary of Agriculture may designate to the Postmaster General to the extent that the official mail consists of correspondence, bulletins, and reports for the furtherance of the purposes of sections 341-343, 344-348 of title 7;

(2) mail relating to naturalization to be sent to the Immigration and Naturalization Service by clerks of courts addressed to the Department of Justice or the Immigration and Naturalization Service, or any official thereof;

(3) mail relating to a collection of statistics, survey or census authorized by title 13 and addressed to the Department of Commerce or a bureau or agency thereof; and

(4) mail of State Agriculture Experiment Stations pursuant to sections 325 and 361f of title 7. (5) articles for copyright deposited with postmasters and addressed to the Register of Copyrights pursuant to section 15 of title 17.

(b) A department or officer authorized to use penalty covers may enclose them with return address to any person from or through whom official information is desired. The penalty cover may be used only to transmit the official information and endorsements relating thereto.

(c) This section does not apply to officers who receive a fixed allowance as compensation for their services, including expenses of postage. 86-682, Sept. 2, 1960, 74 Stat. 660.)

(Pub. L.

HISTORICAL AND REVISION NOTES Based on title 2, U.S.C., 1952 ed., § 277 (Feb. 24, 1919, ch. 18, 1303 (d), 40 Stat. 1141; June 2, 1924, ch. 234, § 1101, 43 Stat. 353; title 7, U.S.C., 1952 ed., §§ 325, 3611, 365 (Mar. 2, 1837, ch. 314, § 4, 24 Stat. 441; Aug. 30, 1890, ch. 841, § 3, 26 Stat. 418; Aug. 11, 1955, ch. 790, § 6, 69 Stat. 673); title 8, U.S.C., 1952 ed., § 1456 (June 27, 1952, ch. 477, § 345, 66 Stat. 266); title 11, U.S.C., 1952 ed., § 203a (June 7, 1934, ch. 424, § 6, 48 Stat. 924); title 12. U.S.C., 1952 ed., §§ 635, 1020a, 1439, 1820 (July 22, 1932, ch. 522, § 19, 47 Stat. 737; Jan. 31, 1934, ch. 7, § 2, 48 Stat. 345; May 28, 1935, ch. 150, 49 Stat. 295; July 31, 1945, ch. 341, § 2, 59 Stat. 526; June 9, 1947, ch. 101, § 1, 61 Stat. 130; July 3, 1948, ch. 825, § 2, 62 Stat. 1240; Sept. 21, 1950, ch. 967, § 2, 64 Stat. 873; May 21, 1953, ch. 64, § 1, 67 Stat. 28); title 13, U.S.C., 1952 ed., § 10 (Aug. 31, 1954, ch. 1158, § 1, 68 Stat. 1014); title 15, U.S.C., 1952 ed., § 603 (Jan. 22, 1932, ch. 8, § 3, 47 Stat. 5; Feb. 24. 1938, ch. 32, § 4, 52 Stat. 80; June 30, 1947, ch. 166, title I, § 1, title II, § 206(a), 61 Stat. 202, 208; May 25, 1948, ch. 334, § 3, 62 Stat. 262; July 30, 1953, ch. 282, title I, § 102(a), 67 Stat. 230; June 29, 1954, ch. 410, § 2(b), 69 Stat. 320); title 17, U.S.C., 1952 ed., § 15 (July 30, 1947, ch. 391, § 1, 61 Stat. 652); title 32, U.S.C., 1952 ed.. § 713 (July 10, 1952, ch. 630, title III, § 301, title V. § 501, 66 Stat. 522, 631; Aug. 10, 1956, ch. 1041, § 2, 70A Stat. 596); title 39, U.S.C., 1952 ed., §§ 321, 321–1, 323, 330, 338 (Mar. 3, 1877, ch. 103, §§ 5, 6, 19 Stat. 335, 336; Mar. 3, 1879, ch. 183, § 29, 20 Stat. 362; July 5, 1884, ch. 234, § 3, 23 Stat. 158; Aug. 18, 1894, ch. 301, § 1, 28 Stat 412; Jan. 12, 1895, ch. 23, § 65, 28 Stat. 611; Feb. 20, 1897. ch. 268, 29 Stat. 590; June 30, 1914, ch. 131, 38 Stat. 438; June 6, 1933, ch. 49, § 13, 48 Stat. 117; June 29, 1940, ch. 453, 54 Stat. 695; Apr. 9, 1958, Pub. L. 85-371, § 6, 72 Stat. 84); title 42, U.S.C., 1952 ed., § 1405 (Sept. 1, 1937.

ch. 896, § 5, 50 Stat. 890); title 44, U.S.C., 1952 ed., § 309 (July 25, 1935, ch. 417, § 9, 49 Stat. 502).

Section is based primarily on provisions codified in title 39. However, as indicated by the citations given above, it is also based on sections of other titles which grant or confirm the penalty privilege in certain specific instances. A number of those sections have not been repealed since they are desirable for purposes of identifying certain special types of agencies as entitled to use the penalty privilege in accordance with the provisions of this chapter. The following special provisions concerning the penalty privilege are not being listed for repeal: Section 277, title 2 (legislative counsel); section 203a, title 11 (Agricultural Conciliation Commissioners); section 635, title 12 (Export-Import Bank of Washington); section 10.0a, title 12 (Federal Farm Mortgage Corporation); section 1439. title 12 (Federal Home Loan Bank Board); section 1820(a), title 12 (Federal Deposit Insurance Corporation); section 603, title 15 (Reconstruction Finance Corporation); section 713, title 32 (National Guard); section 1405, title 42 (Public Housing Administration); section 309, title 44 (Federal Register). See, however, section 4156 of this title based on 39 U.S.C. 3211 which in effect has repealed "free" mailing privileges.

In addition to the sections cited, section 2192, title 5, authorizes certain matter to be mailed pursuant to the Federal Voting Assistance Act of 1945, free of postage.

That part of said section 321 of title 39 which relates to the endorsements required over the words "Official Business" and the penalty mail endorsement is covered by section 4153.

That part of section 1456 of title 8 which relates to the transmission of matter relating to naturalization by registered mail is covered by section 5003.

That part of section 10 of title 13 which relates to the transmission of matter relating to the census by registered mail is covered by section 5003, and that part relating to the endorsement on such mail is covered by the last sentence of section 4153.

Paragraph (4) of subsection (a) brings into title 39 the penalty privilege extended by sections 361f and 365 of title 7 to State agricultural experiment stations. Paragraph (5) of this subsection brings into title 39 the penalty privilege extended by section 15 of title 17 to persons depositing matter with postmasters for the purpose of obtaining copyright.

Changes are made in phraseology.

PAYMENT OF POSTAGE FOR FISCAL YEAR 1964 Section 101 of Pub. L. 88-136, title I, Oct. 11, 1963, 77 Stat. 226, provided in part that: "Such amounts as may be agreed upon by the Department of Labor and the Post Office Department shall be used for the payment, in such manner as said parties may jointly determine, of postage for the transmission of official mail matter in connection with the administration of unemployment compensation systems and employment services by States receiving grants herefrom."

PAYMENT OF POSTAGE FOR FISCAL YEAR 1963 Section 101 of Pub. L. 87-582, title I, Aug. 14, 1962, 76 Stat. 363, provided in part that: "Such amounts as may be agreed upon by the Department of Labor and the Post Office Department shall be used for the payment, in such manner as said parties may jointly determine, of postage for the transmission of official mail matter in connection with the administration of unemployment compensation systems and employment services by States receiving grants herefrom."

Similar provisions were contained in acts June 16, 1948, ch. 472, title I § 101, 62 Stat. 445; June 29, 1949, ch. 275, title II, 63 Stat. 284; Sept. 6, 1950, ch. 896, Ch. V, title I, 64 Stat. 644; Aug. 31, 1951, ch. 373, title I, § 101, 65 Stat. 210; July 5, 1952, ch. 575, title I, § 101, 66 Stat. 360; July 31, 1953, ch. 296, title I, § 101, 67 Stat. 246; July 2, 1954, ch. 457, title I, § 101, 68 Stat. 435; Aug. 1, 1955, ch. 437, title I, § 101, 69 Stat. 398; June 29, 1956, ch. 477, title I, § 101, 70 Stat. 424; June 29, 1957, Pub. L. 85-67, title I, § 101, 71 Stat. 212; Aug. 1, 1958, Pub. L. 85-580, title I, § 101, 72 Stat. 459; Aug. 14, 1959, Pub. L. 86-158, title I, § 101, 73 Stat. 341; Sept. 2, 1960, Pub. L. 86-703, title I,

§ 101, 74 Stat. 757; Sept. 22, 1961, Pub. L. 87-290, title I, § 101, 75 Stat. 591.

§ 4153. Endorsements on penalty covers.

(a) Except as otherwise provided in this section, penalty covers shall bear, over the words "Official Business" an endorsement showing the name of the department, bureau or office from which, or officer from whom, it is transmitted. The penalty for the unlawful use of all penalty covers shall be printed thereon.

(b) The Postmaster General shall prescribe the endorsement to be placed on covers mailed under paragraphs (1) (E), (2), and (3) of section 4152(a) of this title. (Pub. L. 86-682, Sept. 2, 1960, 74 Stat. 660.)

HISTORICAL AND REVISION NOTES

Based on title 13, U.S.C., 1952 ed., section 10 (Aug. 31, 1954, ch. 1158, § 1, 68 Stat. 1014); title 39, U.S.C., 1952 ed., § 321 (Mar. 3, 1877, ch. 103, §§ 5, 6, 19 Stat. 335, 336; Mar. 3, 1879, ch. 180, § 29, 20 Stat. 362; July 5, 1884, ch. 234, 3, 23 Stat. 158; Aug. 18, 1894, ch. 301, § 1, 28 Stai. 412; Feb. 20, 1897, ch. 268, 29 Stat. 590; Apr. 9, 1958, Pub. L. 85-371, § 6, 72 Stat. 84).

This section covers the parts of the cited sections which deal with the endorsements on penalty covers. The remaining portion of section 321 is covered by section 4152 of this title.

That part of section 10 of title 13 which relates to the penalty mailing of census matter is covered by section 4152 of this title. That part of section 10 of title 13 which relates to the transmission of census mail by registered mail is covered by section 5003 of this title. Changes are made in phraseology.

§ 4154. Restrictions on use of penalty mail.

(a) Except as otherwise provided in this section, an officer, executive department or independent establishment of the Government of the United States may not mail, as penalty mail, any article or document unless

(1) a request therefor has been previously received by the department or establishment; or (2) its mailing is required by law.

(b) Subsection (a) does not prohibit the mailing, as penalty mail, by an officer, executive department or independent agency of

(1) enclosures reasonably related to the subject matter of official correspondence;

(2) informational releases relating to the census of the United States and authorized by title 13;

(3) matter concerning the sale of Government securities;

(4) forms, blanks, and copies of statutes, rules, regulations, instructions, administrative orders, and interpretations necessary in the administration of the department or establishment;

(5) agricultural bulletins;

(6) lists of public documents offered for sale by the Superintendent of Documents;

(7) announcements of the publication of maps, atlases, and statistical and other reports offered for sale by the Federal Power Commission as authorized by section 825k of title 16; or

(8) articles or documents to educational institutions or public libraries, or to Federal, State, or other public authorities.

(Pub. L. 86-682, Sept. 2, 1960, 74 Stat. 661.)

HISTORICAL AND REVISION NOTES Based on title 39, U.S.C., 1952 ed., § 321n (June 25, 1948, ch. 658, title III, § 306, 62 Stat. 1049; July 14, 1956, ch. 591, § 2, 70 Stat. 536).

The words "books, report, periodical, bulletin, pamphlet, list or other article or document" is shortened without change in meaning to "article or document." Changes are made in phraseology.

§ 4155. Accounting for penalty covers.

Executive departments and agencies, independent establishments of the Government, and organizations and persons authorized by law to use penalty mail, shall account for all penalty covers through the Postmaster General as he prescribes. (Pub. L. 86682, Sept. 2, 1960, 74 Stat. 661.)

HISTORICAL AND REVISION NOTES

Based on title 39, U S.C., 1952 ed., § 3211 (June 25, 1948, ch. 658, title III, § 301, 62 Stat. 1048; Aug. 15, 1953, ch. 511, § 1, 67 Stat. 614; Mar. 29, 1956, ch. 108, 70 Stat. 63). Section 3211, title 39, is divided. This section is based on the first sentence in section 3211. Reference to procurement of envelopes and labels is omitted since penalty covers are now procured through General Services Administration. Reference to regulations was omitted in view of section 501 of this title.

The remaining sentence of section 3211 relating to reimbursement of Post Office Department for penalty mailings by departments, agencies, and establishments of the Government is covered by section 4156 of this title. Changes are made in phraseology.

§ 4156. Reimbursement for penalty mail service.

(a) Except as provided in subsections (b) and (c) of this section, executive departments and agencies, independent establishments of the Government, and Government corporations concerned shall transfer to the Post Office Department as postal revenue out of any appropriations or funds available to them, as a necessary expense of the appropriations or funds and of the activities concerned, the equivalent amount of postage due, as determined by the Postmaster General, for matter sent in the mails by or to them as penalty mail under authority of section 4152 of this title.

(b) The Department of Agriculture shall transfer to the Post Office Department as postal revenues out of any appropriation made to it for that purpose the equivalent amount of postage, as determined by the Postmaster General, for penalty mailings under paragraphs (1) (F) and (4) of subsection (a) of section 4152 of this title.

(c) The Library of Congress shall transfer to the Post Office Department as postal revenues out of any appropriations made to it for that purpose the equivalent amount of postage, as determined by the Postmaster General, for penalty mailings under paragraph (5) of subsection (a) of section 4152 of this title. (Pub. L. 86-682, Sept. 2, 1960, 74 Stat. 661.)

HISTORICAL AND REVISION NOTES

Based on title 39, U.S.C., 1952 ed., §§ 3211, 321p, 321q, 321r (June 25, 1948, ch. 658, title III, § 301, 62 Stat. 1048; Aug. 15, 1953, ch. 511, § 1, 67 Stat. 614; Mar. 29, 1956, ch. 108, 70 Stat. 63; July 14, 1956, ch. 591, § 1, 70 Stat. 535). Subsection (a) of this section covers the provisions of sections 3211 and 321p of title 39 which provide for the departments, agencies, establishments, and Government corporations to reimburse the Post Office Department out of their appropriations, in an amount equivalent to postage, as determined pursuant to regulations prescribed by the Postmaster General, on matter sent to and from them without prepayment of postage.

That part of section 3211 relating to the accounting for penalty covers, is covered by section 4155 of this title.

That part of section 321p which relates to reimbursement of the Post Office Department for registry fees, as determined by the Postmaster General pursuant to regulations prescribed by him, on matter mailed to or from departments, agencies, establishments, or Government corporations, is covered by section 5004 of this title.

Section 321q of title 39, which provides for the Department of Agriculture to reimburse the Post Office Department for matter sent in the mails without prepayment of postage under authority of sections 361f, and 325 of title 7, and by agricultural experiment stations, is covered by subsection (b) of this section.

The provisions of section 321r relating to reimbursements by the Library of Congress are covered by subsection (c) of this section.

References in sections 3211, 321p, 321q, and 321r to regulations to be issued by the Postmaster General are omitted from this section in view of section 501 of this title.

Changes are made in phraseology.

§ 4157. Repealed. Pub. L. 87-646, § 11(a), Sept. 7, 1962, 76 Stat. 444.

Section, Pub. L. 86-682, Sept. 2, 1960, 74 Stat. 662, required the Postmaster General to report to the Congress and to the Bureau of the Budget within 90 days after the close of each fiscal year the number of penalty covers accounted for through him during the fiscal year by each executive department and agency, independent establishment, and organization or person authorized to use penalty mail.

PRIOR REPEAL

Act June 25, 1948, ch. 658, title III, § 302, 62 Stat. 1048, from which this section derived, was repealed prior to the enactment of this revised title, by Pub. L. 86–533, § 1(12), June 29, 1960, 74 Stat. 248.

§ 4158. Limit of weight of penalty mail; postage on overweight matter.

(a) Penalty mail is restricted to articles not in excess of the weight and size prescribed for first class mail, except

(1) stamped paper and supplies sold or used by the postal service; and

(2) books and documents published or circulated by order of Congress when mailed by the Superintendent of Public Documents.

(b) A penalty mail article which is— (1) over four pounds in weight,

(2) not in excess of the weight and size prescribed for fourth class matter, and

(3) otherwise mailable,

is mailable at fourth class rates even though it may include written matter and may be sealed. The postage on such an article is payable in the manner prescribed by the Postmaster General. (Pub. L 86-682, Sept. 2, 1960, 74 Stat. 662.)

HISTORICAL AND REVISION NOTES

Based on title 39, U.S.C., 1952 ed., §§ 321k and 3211 (June 25, 1948, ch. 658, title III, §§ 303, 304, 62 Stat. 1048). Section 321k of title 39, U.S.C., is covered in subsection (a).

The words "or under the franking privilege" are omitted. The right to send public documents ordered printed by Congress under the frank is contained in section 4162 of this title.

Section 3211(a) of title 39 is covered by subsection (b) of this section. Subsection (b) of the section 3111 is covered by section 4159 of this title. The last sentence of subsection (a) of this section is added to allow postage to be collected on parcels in the same manner as it is on letters. (Comp. Gen. B-129006, of Nov. 1, 1956.) Changes are made in phraseology.