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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 sub-
sequently 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.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Franking Reform Act
of 1995’’.
SEC. 2. EXPANSION OF RULE.
Paragraph (6) of section 3210(a) of title 39, United
States Code, is amended to read as follows:
‘‘(6)(A) It is the intent of Congress—
‘‘(i) that a Member of, or Member-elect to, Con-
gress may not send any unsolicited franked mail
postmarked fewer than 60 days immediately before
the date of any primary election or general election
(whether regular, special, or runoff) in which the
Member is a candidate for reelection; and
‘‘(ii) that a Member of, or Member-elect to, the
House of Representatives who is a candidate for any
other public office may not send—
‘‘(I) any unsolicited franked mail for deliv-
ery within any portion of the jurisdiction of or
the area covered by the public office which is
outside the area constituting the congressional
district from which the Member or Member-
elect was elected; or
‘‘(II) any unsolicited franked mail post-
marked fewer than 60 days immediately before
the date of any primary election or general elec-
tion (whether regular, special, or runoff) in
which the Member or Member-elect is a can-
didate for such office.
‘‘(B) No Senator may send any unsolicited franked
mail postmarked fewer than 60 days immediately before
the date of any primary election or general election
(whether regular, special, or runoff) for any national,
State or local office in which such Senator is a candidate
for election.
‘‘(C) For purposes of subparagraphs (A) and (B), if
mail matter is of a type which is not customarily post-
marked, the date on which such matter would have been
postmarked if it were of a type customarily postmarked
shall apply.
‘‘(D) The Select Committee on Ethics of the Senate
and the House Commission on Congressional Mailing
Standards shall prescribe for their respective Houses rules
and regulations, and shall take such other action as the
Committee or the Commission considers necessary and
proper for Members of, and Members-elect to, Congress
to comply with the provisions of this paragraph. The rules
and regulations shall include provisions prescribing the
time within which mailings shall be mailed at or delivered
to any postal facility and the time when the mailings shall
be deemed to have been mailed or delivered to comply with
the provisions of this paragraph.
‘‘(E) As used in this section, the term ‘mass mailing’
means, with respect to a session of Congress, any mailing
of newsletters or other pieces of mail with substantially
identical content (whether such mail is deposited singly
or in bulk, or at the same time or different times), totaling
more than 500 pieces in that session, except that such
term does not include any mailing—
‘‘(i) of matter in direct response to a commu-
nication from a person to whom the matter is
mailed;
‘‘(ii) from a Member of Congress to other Mem-
bers of Congress, or to Federal, State, or local
government officials; or
‘‘(iii) of a news release to the communications
media.
‘‘(F) Subparagraphs (A) through (D) shall not apply
with respect to any mailing which would satisfy clause (i),
(ii), or (iii) of subparagraph (E) (determined without con-
sideration as to the number of pieces in such mailing),
except that for purposes of this subparagraph, subpara-
graph (E)(i) shall not be considered satisfied if the mailing
is postmarked later than 60 days after the communication
(or latest communication) to which it responds.’’.
SEC. 3. EFFECTIVE DATE.
This Act shall take effect as of the 180th day after
the date of the enactment of this Act, and shall apply with
respect to any mailing made on or after that day.
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