[Congressional Record Volume 150, Number 131 (Tuesday, November 16, 2004)]
[Extensions of Remarks]
[Page E1984]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




CHANGING THE HOUSE RULE GOVERNING USE OF THE CONGRESSIONAL FRANK DURING 
                     THE PERIOD PRECEDING ELECTIONS

                                 ______
                                 

                          HON. JOHN B. LARSON

                             of connecticut

                    in the house of representatives

                       Tuesday, 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 Thus the House Rule today is out of 
date.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.

  H. Res. 848 provides a conforming amendment to make Rule XXIV, clause 
8, consistent with the underlying statute. What follows is the 
pertinent language of the statutory change:

       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''.

  The text of H. Res. 848 follows:

                              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''.

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