# § 3202. Penalty mail
**(a)** Subject to the limitations imposed by sections 3204 and 3207 of this title, there may be transmitted as penalty mail—
**(1)** official mail of—
**(A)** officers of the Government of the United States other than Members of Congress;
**(B)** the Smithsonian Institution;
**(C)** the Pan American Union;
**(D)** the Pan American Sanitary Bureau; and
**(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.
**(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; and
**(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.
**(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.
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**Source Credit**: (Pub. L. 91–375, Aug. 12, 1970, 84 Stat. 751; Pub. L. 94–553, § 105(e), Oct. 19, 1976, 90 Stat. 2599; Pub. L. 103–123, title VII, § 708(b), Oct. 28, 1993, 107 Stat. 1272; Pub. L. 110–234, title VII, § 7404(b)(2)(B), May 22, 2008, 122 Stat. 1247; Pub. L. 110–246, § 4(a), title VII, § 7404(b)(2)(B), June 18, 2008, 122 Stat. 1664, 2008.)
## Editorial Notes
### Codification
and made identical amendments to this section. The amendments by were repealed by .
### Amendments
2008—Subsec. (a)(1)(D) to (F). , in subpar. (D) inserted “and” at end, in subpar. (E) substituted period for “; and” at end, and struck out subpar. (F) which read as follows: “any college officer or other person connected with the extension department of the college as the Secretary of Agriculture may designate to the Postal Service to the extent that the official mail consists of correspondence, bulletins, and reports for the furtherance of the purpose of sections 341–343 and 344–348 of title 7;”.
Subsec. (a)(2) to (4). –(iv), in par. (2) inserted “and” at end, in par. (3) substituted period for “; and” at end, and struck out par. (4) which read as follows: “mail of State agriculture experiment stations pursuant to sections 325 and 361f of title 7.”
1993—Subsec. (a)(3), (4). inserted “and” at end of par. (3) and substituted period for “; and” at end of par. (4).
1976—Subsec. (a)(5). struck out par. (5) which related to articles for copyright deposited with postmasters and addressed to the Register of Copyrights pursuant to .
## Statutory Notes and Related Subsidiaries
### Effective Date of 2008 Amendment
Amendment of this section and repeal of by effective , the date of enactment of , see , set out as an Effective Date note under , Agriculture.
### Effective Date of 1976 Amendment
Amendment by effective , see , set out as an Effective Date note preceding , Copyrights.
### Effective Date
Section effective , pursuant to Resolution No. 71–9 of the Board of Governors. See , set out as a note preceding .
### Abolition of Immigration and Naturalization Service and Transfer of Functions
For abolition of Immigration and Naturalization Service, transfer of functions, and treatment of related references, see note set out under , Aliens and Nationality.
### Payment of Postage for State Unemployment Compensation Systems and Employment Services
, , , which required Department of Labor and Post Office Department to use such amounts as may be agreed upon for the payment 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, was from the Department of Labor Appropriation Act, 1972, and was not repeated in subsequent appropriation acts. See .
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