[Congressional Record Volume 140, Number 78 (Monday, June 20, 1994)]
[House]
[Page H]
From the Congressional Record Online through the Government Printing Office [www.gpo.gov]


[Congressional Record: June 20, 1994]
From the Congressional Record Online via GPO Access [wais.access.gpo.gov]

 
 TREASURY, POSTAL SERVICE, AND GENERAL GOVERNMENT APPROPRIATIONS ACT, 
                                  1995

  The Senate continued with the consideration of the bill.


                           Amendment No. 1822

  Mr. DeCONCINI. Mr. President, I send an amendment to the desk and ask 
for its immediate consideration.
  The PRESIDING OFFICER. The clerk will report the amendment.
  The bill clerk read as follows:

       The Senator from Arizona [Mr. DeConcini] proposes an 
     amendment numbered 1822.

  Mr. DeCONCINI. Mr. President, I ask unanimous consent that the 
reading of the amendment be dispensed with.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The amendment is as follows:

       At the end of Title VI, add the following new section:
       Sec.   . Section 3626 paragraph (j)(1) subparagraph (D) of 
     Title 39 U.S.C. is amended by----
       (a) deleting the final ``.'' from (II) and adding ``; 
     and;''
       (b) and adding--``(III) clause (i) shall not apply to space 
     advertising in mail matter that otherwise qualifies for rates 
     under former section 4452(b) or 4452(c) of this title, and 
     satisfies the content requirements established by the Postal 
     Service for periodical publication.''

  Mr. DeCONCINI. Mr. President, this amendment has to do with the 
advertising permitted in preferred class mailings to make them eligible 
for the revenue forgone subsidies of the U. S. Postal Service.
  Despite efforts to secure assistance from the Postal Service to 
permit advertising in the mailings of charitable organizations, like 
churches and other groups, the Postal Service continues to interpret 
and implement the recent reform of the Revenue Foregone program in a 
manner which is detrimental to nonprofit organizations.
  I am, therefore, introducing and have before the body an amendment to 
ensure that the intent of Congress is being satisfied as it relates to 
nonprofit mail rates and advertising exemptions. When the reform 
language was drafted last year, the ``substantially related'' test for 
advertising eligibility was not to apply to periodical publications, 
such as from churches and other nonprofit newsletters and publications 
which are sent by third class mail.
  Nonprofit publications mailed at third class rates were intended to 
be exempt from the requirement that advertising of products and 
services be ``substantially related'' to the purpose for which the 
nonprofit permit was granted.
  The reason I can say that with a little authority is that I remember 
talking about it and putting it in there, so it was never intended to 
do and become what the Post Office has interpreted.
  This amendment ensures that nonprofit organizations can continue to 
operate effectively and efficiently and take advantage of the revenues 
from the advertising received to defray the cost of the mailings.
  In addition, this amendment more accurately reflects Congress's 
recognition of the contributions made by nonprofit organizations to 
their causes in their communities and throughout the Nation. 
Advertising restrictions on truly nonprofit organizations would inhibit 
the ability of these organizations to effectively communicate and 
disseminate information to their respective communities and negatively 
impact their mission.
  The issue of mail rates and advertising conditions lies more in 
addressing which organizations are truly nonprofit for charitable 
purposes. The litmus test should not be what is ``substantially 
related'' advertising. The insistence that nonprofit organizations, for 
the purpose of receiving certain benefits, meet established criteria, 
guidelines, and requirements, as determined by the Internal Revenue 
Service, might better address the concerns of the Postal Service.
  I understand the other side has not cleared this amendment, but I 
would like to get it laid down tonight and then proceed tomorrow.
  Mr. BOND addressed the Chair.
  The PRESIDING OFFICER. The Senator from Missouri.
  Mr. BOND. Mr. President, the chairman has pointed out an area where 
we obviously need to consider this matter. I think personally that he 
has come up with a good proposal, but we are not prepared to clear it 
on this side. There may be some who wish to address it. I thank the 
chairman for bringing it up, but at this point we are not prepared to 
clear it on this side.
  Mr. DeCONCINI. Mr. President, I therefore ask that this amendment be 
temporarily laid aside.

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