[Congressional Record (Bound Edition), Volume 149 (2003), Part 16]
[House]
[Pages 21935-21936]
[From the U.S. Government Publishing Office, www.gpo.gov]




                       COMMITTEE RESOLUTION 108-5

  The SPEAKER pro tempore. Under a previous order of the House, the 
gentleman from Ohio (Mr. Ney) is recognized for 5 minutes.
  Mr. NEY. Mr. Speaker, pursuant to Committee Rule (4)a of the 
Committee on House Administration rules, I submit for the Record 
Committee Resolution 108-5. This resolution regarding unsolicited mass 
communication contained in the Members' Congressional Handbook was 
adopted on September 5, 2003. This language amended the handbook and I 
have attached the new policy language for submission.

Committee Resolution 108-5, Amendment to Regulation of Unsolicited Mass 
                             Communications

       Resolved, that the Committee on House Administration 
     Regulations of Unsolicited Mass Communications as contained 
     in the Members' Congressional Handbook are amended by the 
     language attached hereto and incorporated herein.


                       electronic communications

       Ordinary and necessary expenses related to electronic 
     communications (Internet, fax machines, etc.) are 
     reimbursable. All official electronic communication content 
     must comply with the Franking Regulations.


                       subscribed E-mail updates

       A subscribed e-mail update is an e-mail sent to 
     constituents who have individually subscribed to an e-mail 
     list. Members must notify constituents who subscribe to e-
     mail updates that the constituent is authorizing the Member 
     to send regular e-mail updates from the Member's office to 
     the person's e-mail account. All e-mail updates to 
     subscribers must contain an option that enables the 
     constituent to unsubscribe from the e-mail list. Members may 
     send subscribed e-mail updates without obtaining an advisory 
     opinion.


                     non-subscribed e-mail updates

       If each e-mail address used in mass communication was not 
     obtained with consent for subscribed e-mail updates, then the 
     Member must receive a Franking Advisory prior to the 
     distribution of the mass communication.
       Please see Unsolicited Mass Communications Restrictions.


              unsolicited mass communication restrictions

       Unsolicited mass communication is defined consistent with 
     Franking Regulations as any unsolicited communication of 
     substantially identical content to 500 or more persons in a 
     session of Congress.
       Except where noted, unsolicited mass communications, 
     regardless of the means of transmittal, must receive an 
     Advisory Opinion from the Franking Commission prior to 
     dissemination. Advisory Opinions may be obtained from the 
     Franking Commission at x59337.
       Expenditures from the MRA for unsolicited mass 
     communications, regardless of the means of transmittal, are 
     prohibited if such communication occurs fewer than 90 days 
     immediately before the date of any primary or general 
     election (whether regular, special, or runoff) in which the 
     Member's name will appear on an official ballot for election 
     or reelection to public office.
       Examples of unsolicited mass communication are:
       1. Radio, TV, Internet, or newspaper advertisements of town 
     hall meetings.
       2. Radio or newspaper advertisements announcing a personal 
     appearance of Member.
       3. Newspaper inserts.
       4. Automated phone calls.
       5. Facsimiles.
       6. Mass mailings.
       7. Posters, leaflets, handouts, etc., that are distributed.
       8. Purchase of radio broadcast time.
       9. Production and distribution costs for video and audio 
     services.
       10. Non-subscriber list e-mails.
       This restriction does not apply to the following:
       1. Direct response to communications (i.e., solicited 
     communications).
       2. Communications to Members of Congress and other 
     government officials.
       3. News releases.
       4. Web sites and other electronic bulletin boards that post 
     information for voluntary public access.
       5. Advertisements for employee position and internship 
     openings, U.S. Military Academy Days, and An Artistic 
     Discovery.
       6. Member's television appearance as a media guest, whether 
     by newspaper interview, radio, television or other electronic 
     means.
       7. Previously recorded shows and Public Service 
     Announcements aired voluntarily by a media outlet, when no 
     expenses are incurred by the Member.
       8. Purchases of research materials, including video or 
     audio-tapes; and Video Teleconferencing.
       9. E-mail subscribers list.
       Please see Electronic Communications.


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