Franking Privilege: Mass Mailings and Mass Communications in the House, 1997-2015
Released: 2016-05-03T00:00:00

Summary:
Despite significant reductions in congressional mail postage costs over the past 25 years, critics continue to raise concerns about the franking privilege. While proponents of the franking privilege argue that the frank allows Members to fulfill their representational duties by providing for greater communication between the Member and individual constituents, critics argue that it is both financially wasteful and gives an unfair advantage to incumbents in congressional elections. In particular, mass mailings have come under increased scrutiny as critics argue that the vast majority of franked mail is unsolicited and, in effect, publicly funded campaign literature.
This report provides an analysis of House Member mass mailings (1997-2008, 2012-2015) and mass communications (2009-2015). A mass mailing is defined by statute as a franked mailing of 500 or more substantially similar pieces of unsolicited mail sent in the same session of Congress. Mass communications include all unsolicited mailings or communications of substantially identical content distributed to 500 or more persons, regardless of media. Examples of mass communications include radio, television, newspaper, and Internet advertisements; automated phone calls; mass facsimiles; and mass emails distributed to a non-subscriber emailing list.
Between 1997 and 2008, House Members sent 1.34 billion pieces of mass mail at a total postage cost of $224.5 million, producing a calendar-year average of 111.6 million pieces of mass mail costing an average of $18.7 million (Table 1). Most Representatives sent mass mailings. During each calendar year 1997-2008, an average of 84% of House Members sent at least one mass mailing. Among Members who sent at least one mass mailing, the average annual number of pieces of mail sent by a Member was 303,270 at a postage cost of $50,834.
Although the annual number of pieces of mail sent remained relatively constant between 1997 and 2008, significant quarterly variations occurred within each Congress (Figure 1). These expenditures continue a historical pattern of Congress spending less on official mail costs during non-election years than during election years (Table 3). However, analysis of quarterly data on Member mass mailing costs indicates that, due to the structure of the fiscal year calendar, comparisons of election-year and non-election-year mailing data tend to overstate the effect of pre-election increases in mail costs, since they also capture the effect of a large spike in mass mailings from the fourth quarter of the previous calendar year.
At the direction of the Committee on House Administration, in January 2009, the House began reporting the volume and cost of individual mass communications instead of only mass mailings. Between 2009 and 2011, House Members sent 1.27 billion pieces of mass communication at a total cost of $131.5 million, producing a calendar-year average of 573.1 million pieces of mass communication costing an average of $43.8 million (Table 2). During 2009 and 2010, an annual average of 92% of House Members sent at least one mass communication.
Beginning with the second quarter of calendar year 2011, the House began separately reporting the volume and cost of both mass mailings and mass communications. Since 2012, House Members have sent 3.1 billion pieces of mass communication, at a total cost of $23.9 million, and 183.7 million total pieces of mass mail, at a total cost of $70.5 million.
See also CRS Report RL34188, Congressional Official Mail Costs; CRS Report RS22771, Congressional Franking Privilege: Background and Recent Legislation; and CRS Report RL34274, Franking Privilege: Historical Development and Options for Change.

subsections: section_title: Introduction
paragraphs: Beginning in 1986, Congress passed several pieces of legislation that placed individual limits on Members' mail costs and required public disclosure of each Member's overall franking expenditures. These changes helped reduce overall congressional mail postage costs to $23.8 million during the 113 th Congress (2013-2014), down from a high of $177.4 million during the 100 th Congress (1987-1988). Despite the significant reduction in costs, critics continue to raise concerns about the franking privilege.
In particular, mass mailings—franked mailings of 500 or more substantially similar pieces of unsolicited mail sent by individual Members during the same session of Congress —have come under increased scrutiny as critics argue that the vast majority of franked mail is unsolicited and, in effect, publicly funded campaign literature. 
Between 1997 and 2008, the House publicly reported the volume and cost of individual Member mass mailings. At the direction of the Committee on House Administration, in January 2009 the House began reporting the volume and cost of individual mass communications instead of mass mailings. Mass communications include all unsolicited mailings or communications of substantially identical content distributed to 500 or more persons, regardless of media. In April 2011, the House began separately reporting mass mailing and mass communications volumes and costs.
This report provides an analysis of Member mass mailings during the period 1997-2008; mass communications during the period 2009-2011; and both mass mailings and mass communications during the period 2011-2015. First, it examines aggregate Member mass mailing and mass communication data to ascertain how many pieces of mass mail or communication were sent by Representatives annually, the total cost of those communications, and the annual percentage of Members who sent at least one mass mailing or mass communication. 
Second, quarterly Member mass mailing and mass communication data are evaluated to determine whether there was quarterly variation in Member mass mailing and mass communication volume and whether the variation reflected cyclical trends. Finally, the question of whether mass mailing and mass communication volume was higher in election years than in non-election years is considered.
section_title: Methodology
subsections: section_title: Data
paragraphs: Data on Member mass mailings and mass communications were compiled using the quarterly Statement of Disbursement s of the House , which report the number of pieces of mail sent by each Member of the House in mass mailings (1997-2008, 2011-2015) and mass communications (2009-2015) during the preceding quarter and the total postage cost of the quarter's mass mailings or mass communications. The unit of analysis is the mail/communication statistic for each Member's office. Therefore, any Congress might contain more or fewer than the typical 441 Members, due to vacancies or to Members elected in special elections to fill vacancies.
section_title: Mass Mailings vs. Mass Communications
paragraphs: A mass mailing is statutorily defined as "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 one session of Congress. An unsolicited mass communication is defined by the Committee on House Administration as "any unsolicited communication of substantially identical content to 500 or more persons in a session of Congress." Examples of mass communications include radio, television, newspaper, and Internet advertisements; automated phone calls; mass facsimiles; and mass emails distributed to a non-subscriber emailing list. All mass mailings sent through the first quarter of 2011 are mass communications. Beginning in the second quarter of 2011, mass communications no longer include mass mailings. 
section_title: Summary Statistics
paragraphs: Mass mailing data were examined for 67 quarters, from the first quarter of calendar year (CY) 1997 through the fourth quarter of CY2008, and from the second quarter of CY2011 through the fourth quarter of CY2015. Mass communication data were examined for 28 consecutive quarters, from the first quarter of CY2009 through the fourth quarter of CY2015. The universe of data includes 84,626 observations, half corresponding to the number of pieces sent by an individual Member in a given quarter and half corresponding to the cost to an individual Member in a given quarter.
section_title: Aggregate Volume and Costs
subsections: section_title: Mass Mailings, 1997-2008; 2011-2015
paragraphs: House Members sent 1.6 billion pieces of mass mail between 1997 and 2008 and between 2011 and 2014, at a total cost of $322.8 million. As shown in Table 1 , House Members sent a calendar year average of 94.1 million pieces of mass mail, costing an average of $19.0 million. The total number of mass mail pieces sent by the House ranged from a low of 39.8 million pieces in 2013 to a high of 122.6 million in 1997. Recently, Members have been sending less mass mail. Both total pieces and constant dollar costs for mass mailings had remained relatively stable for most of the span of the dataset, but both have fallen by almost 50% since 2011. 
Between 1997 and 2013, an annual average of 81% of House Members sent at least one mass mailing. In 2014 and 2015, however, only 62% and 66% of Member sent at least one mass mailing, respectively.
section_title: Mass Communications, 2009-2011
paragraphs: House Members sent 1.72 billion pieces of mass communication (including mass mailings) between 2009 and 2011, at a total cost of $131.5 million. As shown in Table 2 , House Members sent a calendar year average of 573.1 million pieces of mass communication, costing an average of $43.8 million. 
In the second quarter of 2011, the House began separately reporting mass mailing and mass communications volumes and costs. For the purpose of reporting, "mass communications" no longer includes mass mailings. For the purpose of the analysis presented here, this is not problematic. A 2011 figure comparable to the 2009 and 2010 "mass communication" figures can be obtained by summing total 2011 mass mailings and 2011 mass communications. The 2011 data in Table 2 reflect this summation.
Between 2009 and 2011, an annual average of 92% of House Members sent at least one mass communication. Among Members who sent at least one mass communication, the average calendar year number of pieces of communication sent by a Member was 1,407,364 at a cost of $107,431. In 2011, there was a large increase in the total number of pieces of mass communications, but a decrease in total cost. This is probably attributable to a large increase in the use of electronic communication that has no marginal cost, as well as a decrease in overall amount of mass mailing.
section_title: Mass Communications (Not Including Mass Mailings), 2012-2015
paragraphs: House Members sent 1.11 billion pieces of mass communication in 2012, at a total cost of $7.4 million, 801 million pieces of mass communication in 2013, at a total cost of $5.7 million, 623 million pieces of mass communication in 2014, at a total cost of $5.1 million, and 568 million pieces of mass communication in 2015, at a total cost of $5.7 million. These data are not directly comparable to previous years, as mass communications data for 2012-2015 no longer include the volume or cost of mass mailings. If, however, the total volume and cost of 2012-2015 mass mailings are added, comparable figures for 2012 and previous years of mass communications can be realized. These figures—1.17 billion pieces at a cost of $30.3 million in CY2012, 840 million pieces at a cost of $20.9 million in CY2013, 664 million pieces at a cost of $20.9 million in CY2014, and 611 million pieces at a cost of $22.3 million in CY2015—indicate similar use of mass communications in 2012-2015 as in 2011, but show a large reduction in total costs. 
section_title: Comparing Mass Mailings and Mass Communication Volumes and Costs
paragraphs: As shown in Table 1 and Table 2 , the average number of pieces of mass communication sent annually between 2009 and 2011 was about 500% greater than the average number of annual pieces of mass mail sent between 1997 and 2008. This is an expected result; the definition of mass communication used during that period is inclusive of all mass mailings as well as numerous other forms of communication. It is important to note, however, that this should not be interpreted as an increase in overall communication between Members and constituents. While it is possible that total mass communications increased between 2008 and 2011, the lack of data on mass communications in 2008 makes it impossible to draw a valid comparison.
If we were to assume that mass mailings between 2009 and 2011 remained roughly constant with 2007 and 2008, it would imply that non-mail mass communications accounted for approximately 83% of all mass communications in 2009 and 2010. The assumption, however, cannot be verified.
However, the House began reporting separate mass mailing and mass communication figures in the second quarter of 2011. During the final three quarters of 2011, total pieces of mass mailings (77,609,370) were similar to the last comparable set of three quarters from the first session of a Congress (83,286,364 pieces in 2007). However, they accounted for just 8% of total communications, while mass communications aside from mass mailing accounted for 92%. 
In 2012, mass communications accounted for 94.7% of total mass constituent contact, and mass mailings accounted for 5.3% of total mass contact. Mass communications, however, were only 24.7% of total mass constituent contact costs. This reflects a significant difference in the per piece cost of mass mailings and mass communications. In 2012, the cost per piece of mass mailing in the House was 38 cents. The cost per piece of mass communication was less than 1 cent. 
Similarly, in 2013, mass communications accounted for 95.3% of total mass constituent contact, and mass mailings accounted for 4.7% of total mass contact. Mass communications, however, were only 27.4% of total mass constituent contact costs. Costs per piece were 38 cents per piece of mass mailing and less than a cent per piece for mass communications.
In 2014, mass communications accounted for 93.9% of total mass constituent contact, and mass mailings accounted for 6.1% of total mass contact. Mass communications, however, were only 24.6% of total mass constituent contact costs. Costs per piece were 39 cents per piece of mass mailing and less than a cent per piece for mass communications.
In 2015, mass communications accounted for 95.3% of total mass constituent contact, and mass mailings accounted for 4.7% of total mass contact. Mass communications, however, were only 27.4% of total mass constituent contact costs. Costs per piece remained stable at 38 cents per piece of mass mailing and less than a cent per piece for mass communications.
section_title: Quarterly Variation
subsections: section_title: Mass Mailings, 1997-2008
paragraphs: Although the overall amount and cost of House mass mailing remained relatively constant between 1997 and 2008, significant variations occurred within these years. As shown in Figure 1 , the total number of pieces of mass mail sent by House Members produced an eight-quarter cyclical pattern, corresponding to the two-year cycle of each Congress.
If the timing of mass mailing was evenly distributed, one would expect 12.5% of total mass mailing to have occurred in each of the eight quarters of each Congress. As shown in Figure 1 , that is not the case; significant peaks and valleys occur in quarterly mass mailing.
Above-average totals are observed in the fourth quarter of the first year of each Congress (marked as 'A' in Figure 1 ), as well as in the second and third quarters of the second year of each Congress (marked as 'B'). The highest peak occurs in the fourth quarter of the first year, when 24.7% of all pieces of mass mail are sent. Although mass mailing data are not available by month, monthly data on overall official mail costs indicate that almost all of the fourth quarter spike is due to a large amount of mail sent in December, at the end of the first session.
Increased mailings in the second and third quarters (15.5% and 15.0% of the total) of the second year of each Congress corresponds to the period just prior to the 90-day pre-election period in which Members are not allowed to send mass mailings. In particular, mass mail sent in the third quarter of the second year of any Congress (July-September) must be sent during the first month of the quarter, prior to the beginning of the prohibited period in early August. Thus, the above-average third quarter mass mailing totals for even-numbered years somewhat understate the increased rate of mailing prior to the election; all third-quarter mail is sent in the six-week period between July 1 and the beginning of the prohibited period in early August.
Below-average totals are observed in the fourth quarter of the second year of each Congress and the first quarter of the first year of each Congress (marked as 'C'). The fourth quarter of the second year of each Congress (October-December) includes approximately five weeks during which mass mailings are prohibited, and otherwise comprises the period between the election and the start of the next Congress, a period in which Congress is not typically in session.
section_title: Mass Mail and Mass Communications, 2009-2015
paragraphs:  Figure 2 reports both the quarterly number of pieces of mass mail sent between 1997 and 2008; and the quarterly number of pieces of mass communication sent between 2009 and 2015. Quarterly totals for mass communications between the second quarter of 2011 and the fourth quarter of 2015 were calculated by adding total mass communications costs and total mass mail costs for those quarters. The lighter-weighted line represents mass mailings; the heavier-weighted line represents mass communications. As shown in Figure 2 , there appears to be variation in the quarterly number of mass communications sent. Above-average totals are observed in the fourth quarter of 2009 and the second and third quarters of 2010; below-average totals are observed in the first quarter of 2009 and the fourth quarter of 2010. In 2011, the number of pieces of mass communications sent increases dramatically, only to return to lower levels in 2012. The number of pieces then again picks up, peaking in the fourth quarter of 2013, dropping off in 2014, and then beginning to rise again in 2015.
These findings should be interpreted with some caution. With only 28 quarters of data on mass communications, it cannot be determined whether the observed variation is cyclical (like the mass mailing data from 1997-2008) by Congress or merely random variation within the observed seven-year period. Since mass mailings are a component of mass communications and it is probable that mass mailings volumes would continue on a cyclical pattern as in the past, it might be expected that mass communications would also systematically vary, in similar patterns. However, such observable variation may disappear or be strongly attenuated if the volume of mass communications other than mass mailings did not vary by quarter, or if such variation followed a different pattern than mass mailing variation. In addition, the large increase in 2011 suggests that Member use of mass communications is changing, and future use may defy past patterns. 
section_title: Election vs. Non-Election Year
paragraphs: Critics of the franking privilege have often cited increased election-year mail costs as evidence of political use of the frank prior to elections. Although mass mail costs do rise in the quarters prior to the pre-election prohibited period (as shown in Figure 1 ), the structure of the fiscal calendar is also important in creating large disparities between election-year and non-election-year mail costs.
As shown in Table 3 , between 1997-2008, when mass mailings are compared by fiscal year, both the December spike and the pre-election increase are in the same year, so the data show inflated election-year numbers and suppressed non-election-year numbers. When annual data are compared by calendar year, the December spike and the pre-election increase balance out, and the totals are relatively similar. Thus comparisons of fiscal year mass mail data tend to overstate the effect of pre-election increases in mail costs, since they also capture the effect of the December spike in mail costs.
Because fiscal years run from October 1 to September 30, both the spike in mass mailings in the fourth quarter of the first session and the pre-election rise in mass mailings occur in the same fiscal year, despite taking place in different calendar years and different sessions of Congress.
A similar result is obtained when examining mass communications during 2009 and 2010. A fiscal year comparison results in a large difference, while a calendar year comparison results in virtually no difference. In 2011 and 2012, however, there is a substantial difference. This is due to a large increase in the amount of mass communications sent in the third and fourth quarters of 2011. In 2013, fiscal year and calendar year totals are once again similar, and in 2014 and 2015 totals return to the traditional odd/even-numbered year pattern. 
section_title: Discussion
paragraphs: Critics of the franking privilege have generally articulated two concerns. First, the franking privilege is financially wasteful and, second, the franking privilege gives unfair advantages to incumbents in congressional elections. In particular, mass mailings have come under increased scrutiny during the past 20 years as critics argue that the vast majority of franked mail is unsolicited and, in effect, publicly funded campaign literature. Critics assert that incumbent House Members may spend as much on franked mail in a year as a challenger spends on his or her entire campaign.
Proponents of the franking privilege argue that the frank allows Members to fulfill their representational duties by providing for greater communication between the Member and individual constituents. Proponents of the franking privilege also argue that Representative accountability is enhanced by use of the frank. By regularly maintaining direct communication with their constituents, Members provide citizens with information by which they can consider current public policy issues, as well as information on policy positions by which voters can judge a Member in future elections. It is maintained that if legislative matters could not be easily transmitted to constituents free of charge to Members, most Members could not afford to pay for direct communications with their constituents.
The analysis presented here offers three contributions to this debate. First, the analysis finds that most Representatives make use of mass communications, mass mailings, or both to communicate with their constituents, with an annual average of 84% of Members sending at least one mass mailing during the period 1997-2008, and an annual average of 94% of Members sending at least one mass communication between 2009 and 2015. Second, the analysis confirms that the cost per piece of mass communication is indeed less than the cost per piece of mass mailing. Although this is not an unexpected finding, it implies that new communications technology may lower the overall cost to Congress for constituent communication, or allow for a greater amount of communication at the same cost.
Finally, the analysis finds significant and regular quarterly variation in Member mass mailing through 2008, with the total number of pieces sent by Members following an eight-quarter pattern that corresponds to the two-year cycle of each Congress. The analysis shows two peaks in mailings, the first during the last quarter of the first session of Congress and the second during the two quarters prior to the pre-election prohibition on Member mass mailings. While there is currently not enough data on mass communications to conclude that similar patterns exist beyond 2008, the observed variation implies that mass communications are probably not evenly distributed throughout a Congress.
These findings provide insight regarding concerns about election-year mass mailing expenditures. Although they confirm that Members send more pieces of mass mail or communications in the quarters just prior to the biennial elections, the findings also show that mass mailing peaks twice, and the larger peak takes place not prior to the election, but at the end of the first session.
These findings also suggest that previous comparisons of election-year and non-election-year franked mail data may need to be considered. When mass mailings are compared by fiscal year, both the first session spike and the pre-election increase are in the same year, so the data show inflated election-year numbers and suppressed non-election-year numbers. Thus comparisons of fiscal year official mail costs tend to overstate the effect of pre-election increases in mail costs, since they also capture the effect of the December spike in mail costs.