Franking Privilege Law and Legal Definition

Franking privilege refers to the privilege of sending mail without payment of postage. This privilege is exercised in pursuance of personal or official designations. The members of Congress have the right to send mail to their constituents at the government's expense. “Cover letters from a U.S. Congressman in mailings about official business are a permissible use of the franking privilege”. [Van Hecke v. Reuss, 350 F. Supp. 21, 24 (D. Wis. 1972)].

Pursuant to 39 USCS § 3214A, a former President and the surviving spouse of a former President may send nonpolitical mail within the U.S., its territories and possessions as franked mail. Such mail of a former President and of the surviving spouse of a former President marked "Postage and Fees Paid" in the manner prescribed by the Postal Service must be accepted by the Postal Service for transmission in the international mails.

The U.S. Congress expressly authorizes the sending of agricultural reports under the franking privilege. [39 USCS § 3213].