I

103D CONGRESS

2D SESSION H. R. 3787

To amend the formula for determining the Official Mail Allowance for Members of the House of Representatives; to amend the provisions of title

39, United States Code, relating to the franking privilege for Members

of Congress and provide that the provisions of law preventing Members

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

FEBRUARY 3, 1994

Mr. BLUTE (for himself, Mr. BACHUS of Alabama, Mr. HORN, Mr. SMITH of

Michigan, Mr. JACOBS, Mr. GREENWOOD, Mr. EWING, Mr. CANADY, Mr.

TORKILDSEN, and Mr. QUINN) introduced the following bill; which was

referred jointly to the Committees on Post Office and Civil Service and

House Administration

A BILL

To amend the formula for determining the Official Mail

Allowance for Members of the House of Representatives;

to amend the provisions of title 39, United States Code,

relating to the franking privilege for Members of Congress and provide that the provisions of law preventing

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

3 SECTION 1. FORMULA FOR DETERMINING OFFICIAL MAIL

4 ALLOWANCE.

5 Section 311(e)(2)(B)(i) of the Legislative Branch Ap6 propriations Act, 1991 (2 U.S.C. 59e(e)(2)(B)(i)) is

7 amended by striking ‘‘3’’ and inserting ‘‘1.5’’.

8 SEC. 2. TRANSFER OF CERTAIN FUNDS PROHIBITED.

9 Section 101(c)(2) of the Legislative Branch Appro10 priations Act, 1993 (2 U.S.C. 95b(c)(2)) is amended by

11 striking ‘‘ ‘‘OFFICIAL MAIL COSTS’’,’’.

12 SEC. 3. EXPANSION OF RULE.

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

14 States Code, is amended to read as follows:

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

16 ‘‘(i) that a Member of, or Member-elect to, Con17 gress may not send any unsolicited franked mail

18 postmarked fewer than 60 days immediately before

19 the date of any primary election or general election

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

21 Member is a candidate for reelection; and

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

23 House of Representatives who is a candidate for any

24 other public office may not send—
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1 ‘‘(I) any unsolicited franked mail for deliv2 ery within any portion of the jurisdiction of or

3 the area covered by the public office which is

4 outside the area constituting the congressional

5 district from which the Member or Member6 elect was elected; or

7 ‘‘(II) any unsolicited franked mail post8 marked fewer than 60 days immediately before

9 the date of any primary election or general elec10 tion (whether regular, special, or runoff) in

11 which the Member or Member-elect is a can12 didate for such office.

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

14 mail postmarked fewer than 60 days immediately before

15 the date of any primary election or general election

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

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

18 for election.

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

20 mail matter is of a type which is not customarily post21 marked, the date on which such matter would have been

22 postmarked if it were of a type customarily postmarked

23 shall apply.

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

25 and the House Commission on Congressional Mailing
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1 Standards shall prescribe for their respective Houses rules

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

3 Committee or the Commission considers necessary and

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

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

6 and regulations shall include provisions prescribing the

7 time within which mailings shall be mailed at or delivered

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

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

10 the provisions of this paragraph.

11 ‘‘(E) As used in this section, the term ‘mass mailing’

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

13 of newsletters or other pieces of mail with substantially

14 identical content (whether such mail is deposited singly

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

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

17 term does not include any mailing—

18 ‘‘(i) of matter in direct response to a commu19 nication from a person to whom the matter is

20 mailed;

21 ‘‘(ii) from a Member of Congress to other Mem22 bers of Congress, or to Federal, State, or local

23 government officials; or

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

25 media.
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1 ‘‘(F) Subparagraphs (A) through (D) shall not apply

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

3 (ii), or (iii) of subparagraph (E) (determined without con4 sideration as to the number of pieces in such mailing),

5 except that for purposes of this subparagraph, subpara6 graph (E)(i) shall not be considered satisfied if the mailing

7 is postmarked later than 60 days after the communication

8 (or latest communication) to which it responds.’’.

9 SEC. 4. VOTER REGISTRATION INFORMATION.

10 Subparagraph (H) of section 3210(a)(3) of title 39,

11 United States Code, is repealed.

12 SEC. 5. RETURN OF EXCESS AMOUNTS FROM OFFICIAL AL13 LOWANCES OF MEMBERS OF THE HOUSE OF

14 REPRESENTATIVES TO THE TREASURY FOR

15 DEFICIT REDUCTION.

16 (a) IN GENERAL.—Notwithstanding any other law, or

17 any rule or other authority, any amount remaining in an

18 official allowance of a Member of the House of Represent19 atives at the end of the session of Congress or other period

20 for which the allowance is made available shall be returned

21 to the Treasury, to be used for deficit reduction.

22 (b) DEFINITIONS.—As used in this section—

23 (1) the term ‘‘Member of the House of Rep24 resentatives’’ means a Representative in, or a Dele-
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1 gate or Resident Commissioner to, the Congress;

2 and

3 (2) the term ‘‘official allowance’’ means, with

4 respect to a Member of the House of Representa5 tives, the Official Mail Allowance.

6 SEC. 6. EFFECTIVE DATE.

7 This Act and the amendments made by this Act shall

8 take effect as of the beginning of the first Congress begin9 ning after the date of the enactment of this Act.

Æ