Clarify Deceptive Census Mailings Law

Floor Speech

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Mr. ISSA. Mr. Speaker, I yield myself such time as I may consume.

I rise in support of H.R. 5148. Not surprisingly, I'm the author of it. I insisted on being the author because it was the right thing to do and because there needed to be a message sent loud and clear. Deceptive advertising is already bad enough in America today. We often receive things that look like your credit card bill when, in fact, they're an offer to buy or to get something or, in fact, to apply for a credit card. We've all received cards that look like you're already getting a card when, in fact, it's John Doe on the card and it's only the opportunity to spend money to get the real card.

But when it comes to the census, there is no separation between Republicans and Democrats and Independents. There is no separation between the House and the Senate. The sanctity of this constitutional responsibility to get it right, to count everyone, cannot be allowed to be interfered with by anyone's attempt to raise money.

When the earlier bill was passed--authored by CAROLYN MALONEY and cosponsored by many of us--we thought we had ended this. As a matter of fact, for all of us on both sides of the aisle, we believed then that an independent agency, the post office, could have stopped that mail without the law. But we wanted to make the intent of Congress clear. By passing that bill, we made the intent of Congress clear. We all talked about deceptive advertising, about people seeing something, thinking it was from the Census Bureau, thinking that, in fact, it was a census form. We crafted it in a way, as the chairman said, that was intended not to cross over anyone's free speech rights, including that through the mail. We achieved that. But lawyers at the Republican National Committee made a decision that the language of the bill was such that they could continue having a piece of the successful mailing go on.

Let me make something very clear here today: You cannot say we are beyond the letter of the law when you truly are within the intent of the law and tell the American people it's okay. The four squares of the law may or may not have been violated by the NRCC. Most of us believe, as I said before, the post office could have stopped it before the law and certainly could stop this after the law; and I have sent, along with my ranking subcommittee member, a letter to the Postmaster encouraging him to make that decision, as has Congresswoman Maloney.

Notwithstanding their eventual action, we're making it clear here today that we will plug any perceived loopholes or any questions about whether or not you can or you cannot. The RNC sent out mailings which certainly violated the spirit of H.R. 4621. The mailings contained text visible from outside the envelope--not printed on the envelope, but effectively the same as printed on the envelope.

I would say to people who raise money, whether it's the Republican National Committee, the Democratic National Committee, other political entities, or nonpolitical entities who simply want to have their envelopes opened for an opportunity to raise money or get a message out, don't use the census. Don't even think about using the census, because it's wrong. If something is deceptive, then it is wrong under the law that we already passed. It is wrong under the law that we expect this bill to represent.

So, Mr. Speaker, I would like to thank the chairman, Congresswoman Maloney and Congressman JASON CHAFFETZ and, more importantly, the leadership of the House, both Mr. Boehner and Mr. Hoyer, because they made it possible for us to come to the floor quickly, get it to the Senate quickly, allow the Senate to deal with it quickly so the President can make a statement for the second time in less than a month. He shouldn't have to do it. He does have to do it. We're going to make sure that while the census is underway, that we not have anyone think that this is a time where they can continue to do fundraising that ultimately links itself to the ongoing census.

With that, I reserve the balance of my time.

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Mr. ISSA. Mr. Speaker, I yield myself such time as I may consume.

I would like to thank the gentlelady from New York. Her words are our words; her thoughts are our thoughts. Perhaps as a proud Republican, I can do more than the thought she made.

Mr. Speaker, I want everyone to be counted in the census. I want everyone to open their envelopes from the census. As a Republican, I am particularly sensitive that I don't want Republicans to be undercounted. So I would advise, as I will do, if I receive anything and it looks like it's from the census, I'm going to open it. When I open it, if it's from the census, I'm going to fill it out. If it's not from the census, I'm going to throw it out because, ultimately, all of us, regardless of our party, should be indignant if we receive a request for money and we open it, believing it's from the census, only to find out that it is a request for money.

The census does not ask us for money. They ask us for sensitive information leading to a correct count of the American population, and from that, Congress does its work to allocate resources and, quite personally, to allocate representation here in the House. So I, for one, will open all the mail and encourage all to open all the mail. And when you open it, do the right thing if it's from the census; do the right thing if it's from somebody trying to fundraise. Let there be no doubt, this is important to us in the House. We speak with one voice. We speak today. I suspect that they will speak by tomorrow in the Senate, and we will make sure that this cannot be allowed.

In closing, I did join with the gentlelady from New York and Mr. Chaffetz, the gentleman from Utah, and the chairman in calling on the Postmaster to assert any jurisdiction he may believe he can, which we believe he has, to stop mailings even if they're going out today. But certainly within a matter of hours or days, we expect there will be new power without any question that would allow for the holding of that mail and its destruction.

So with that, Mr. Speaker, I encourage passage of the bill.

I yield back the balance of my time.

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