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104TH CONGRESS

1ST SESSION H. R. 1291

To amend title 39, United States Code, to provide that the provisions of

law preventing Members of Congress from sending mass mailings within

the 60-day period immediately before an election be expanded so as

to prevent Members from mailing any unsolicited franked mail within

that period, and for other purposes.

IN THE HOUSE OF REPRESENTATIVES

MARCH 22, 1995

Mr. GREENWOOD (for himself, Mr. FRANKS of New Jersey, Mr. FRANK of

Massachusetts, and Mr. HORN) introduced the following bill; which was

referred to the Committee on House Oversight, and in addition to the

Committee on Government Reform and Oversight, for a period to be subsequently determined by the Speaker, in each case for consideration of

such provisions as fall within the jurisdiction of the committee concerned.

A BILL

To amend title 39, United States Code, to provide that

the provisions of law preventing Members of Congress

from sending mass mailings within the 60-day period

immediately before an election be expanded so as to

prevent Members from mailing any unsolicited franked

mail within that period, and for other purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,
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1 SECTION 1. SHORT TITLE.

2 This Act may be cited as the ‘‘Franking Reform Act

3 of 1995’’.

4 SEC. 2. EXPANSION OF RULE.

5 Paragraph (6) of section 3210(a) of title 39, United

6 States Code, is amended to read as follows:

7 ‘‘(6)(A) It is the intent of Congress—

8 ‘‘(i) that a Member of, or Member-elect to, Con9 gress may not send any unsolicited franked mail

10 postmarked fewer than 60 days immediately before

11 the date of any primary election or general election

12 (whether regular, special, or runoff) in which the

13 Member is a candidate for reelection; and

14 ‘‘(ii) that a Member of, or Member-elect to, the

15 House of Representatives who is a candidate for any

16 other public office may not send—

17 ‘‘(I) any unsolicited franked mail for deliv18 ery within any portion of the jurisdiction of or

19 the area covered by the public office which is

20 outside the area constituting the congressional

21 district from which the Member or Member22 elect was elected; or

23 ‘‘(II) any unsolicited franked mail post24 marked fewer than 60 days immediately before

25 the date of any primary election or general elec26 tion (whether regular, special, or runoff) in
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1 which the Member or Member-elect is a can2 didate for such office.

3 ‘‘(B) No Senator may send any unsolicited franked

4 mail postmarked fewer than 60 days immediately before

5 the date of any primary election or general election

6 (whether regular, special, or runoff) for any national,

7 State or local office in which such Senator is a candidate

8 for election.

9 ‘‘(C) For purposes of subparagraphs (A) and (B), if

10 mail matter is of a type which is not customarily post11 marked, the date on which such matter would have been

12 postmarked if it were of a type customarily postmarked

13 shall apply.

14 ‘‘(D) The Select Committee on Ethics of the Senate

15 and the House Commission on Congressional Mailing

16 Standards shall prescribe for their respective Houses rules

17 and regulations, and shall take such other action as the

18 Committee or the Commission considers necessary and

19 proper for Members of, and Members-elect to, Congress

20 to comply with the provisions of this paragraph. The rules

21 and regulations shall include provisions prescribing the

22 time within which mailings shall be mailed at or delivered

23 to any postal facility and the time when the mailings shall

24 be deemed to have been mailed or delivered to comply with

25 the provisions of this paragraph.
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1 ‘‘(E) As used in this section, the term ‘mass mailing’

2 means, with respect to a session of Congress, any mailing

3 of newsletters or other pieces of mail with substantially

4 identical content (whether such mail is deposited singly

5 or in bulk, or at the same time or different times), totaling

6 more than 500 pieces in that session, except that such

7 term does not include any mailing—

8 ‘‘(i) of matter in direct response to a commu9 nication from a person to whom the matter is

10 mailed;

11 ‘‘(ii) from a Member of Congress to other Mem12 bers of Congress, or to Federal, State, or local

13 government officials; or

14 ‘‘(iii) of a news release to the communications

15 media.

16 ‘‘(F) Subparagraphs (A) through (D) shall not apply

17 with respect to any mailing which would satisfy clause (i),

18 (ii), or (iii) of subparagraph (E) (determined without con19 sideration as to the number of pieces in such mailing),

20 except that for purposes of this subparagraph, subpara21 graph (E)(i) shall not be considered satisfied if the mailing

22 is postmarked later than 60 days after the communication

23 (or latest communication) to which it responds.’’.
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1 SEC. 3. EFFECTIVE DATE.

2 This Act shall take effect as of the 180th day after

3 the date of the enactment of this Act, and shall apply with

4 respect to any mailing made on or after that day.

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