Changing the House Rule Governing Use of the Congressional Frank During the Period Preceding Elections
CHANGING THE HOUSE RULE GOVERNING USE OF THE CONGRESSIONAL FRANK DURING THE PERIOD PRECEDING ELECTIONS -- (Extensions of Remarks - November 16, 2004)
Mr. LARSON. Mr. Speaker, I introduced H. Res. 848 in order to conform the pertinent House Rule with the underlying statutory provision governing use of the congressional frank during the period preceding elections.
When the pertinent predecessor provisions of House Rule XXIV, clause 8, were originally adopted, the pre-election cut off was statutorily set at 60 days. However when the pre-election cut off was changed in 1966 to 90 days in the underlying statute, the House did not amend its rules to conform with that change. Thus the House Rule today is out of date.
39 U.S.C. 3210(a)(6)(A) currently reads, in pertinent part:
(6)(A) It is the intent of Congress that a Member of, or Member-elect to, Congress may not mail any mass mailing as franked mail-
(i) if the mass mailing is postmarked fewer than 60 days (or, in the case of a Member of the House, fewer than 90 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; or
(ii) in the case of a Member of, or Member-elect to, the House who is a candidate for any other public office, if the mass mailing-
(I) is prepared for delivery 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) is postmarked fewer than 90 days immediately before the date of any primary election or general election (whether regular, special, or runoff) in which the Member or Member-elect is a candidate for any other public office.
Amendment to the 60 day rule--1996--Subsection (a)(6)(A)(i). Pub. L. 104-197, Sec. 102(a)(1), inserted "(or, in the case of a Member of the House, fewer than 90 days)" after "60 days". Subsection (a)(6)(A)(ii)(II). Pub. L. 104-197, Sec. 102(a)(2), substituted "90 days" for "60 days".
H. RES. 848
Resolved, That clause 8 of rule XXIV of the Rules of the House of Representatives is amended by striking "60" and inserting "90".