I
104TH CONGRESS
1ST SESSION
H. R. 978
To amend the formula for determining the Official Mail Allowance for Mem-
bers 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 16, 1995
Mr. BLUTE 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 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 Con-
gress 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.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. FORMULA FOR DETERMINING OFFICIAL MAIL
ALLOWANCE.
Section 311(e)(2)(B)(i) of the Legislative Branch Ap-
propriations Act, 1991 (2 U.S.C. 59e(e)(2)(B)(i)) is
amended by striking ‘‘3’’ and inserting ‘‘1.5’’.
SEC. 2. TRANSFER OF CERTAIN FUNDS PROHIBITED.
Section 101(c)(2) of the Legislative Branch Appro-
priations Act, 1993 (2 U.S.C. 95b(c)(2)) is amended by
striking ‘‘ ‘‘OFFICIAL MAIL COSTS’’,’’.
SEC. 3. 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. 4. VOTER REGISTRATION INFORMATION.
Subparagraph (H) of section 3210(a)(3) of title 39,
United States Code, is repealed.
SEC. 5. RETURN OF EXCESS AMOUNTS FROM OFFICIAL AL-
LOWANCES OF MEMBERS OF THE HOUSE OF
REPRESENTATIVES TO THE TREASURY FOR
DEFICIT REDUCTION.
(a) IN GENERAL.—Notwithstanding any other law, or
any rule or other authority, any amount remaining in an
official allowance of a Member of the House of Represent-
atives at the end of the session of Congress or other period
for which the allowance is made available shall be returned
to the Treasury, to be used for deficit reduction.
(b) DEFINITIONS.—As used in this section—
(1) the term ‘‘Member of the House of Rep-
resentatives’’ means a Representative in, or a Dele-
gate or Resident Commissioner to, the Congress;
and
(2) the term ‘‘official allowance’’ means, with
respect to a Member of the House of Representa-
tives, the Official Mail Allowance.
SEC. 6. EFFECTIVE DATE.
This Act and the amendments made by this Act shall
take effect as of the beginning of the first Congress begin-
ning after the date of the enactment of this Act.
Æ