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1975/12/23 HR4865 Use of Franked Mail
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The original documents are located in Box 35, folder "12/23/75 HR4865 Use of Franked
Mail" of the White House Records Office: Legislation Case Files at the Gerald R. Ford
Presidential Library.
Copyright Notice
The copyright law of the United States (Title 17, United States Code) governs the making of
photocopies or other reproductions of copyrighted material. Gerald R. Ford donated to the United
States of America his copyrights in all of his unpublished writings in National Archives collections.
Works prepared by U.S. Government employees as part of their official duties are in the public
domain. The copyrights to materials written by other individuals or organizations are presumed to
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copyright claim, please contact the Gerald R. Ford Presidential Library.
Exact duplicates within this folder were not digitized.
Digitized from Box 35 of the White House Records Office Legislation Case Files at the Gerald R. Ford Presidential Library
APPROVED DEC 23 DEC 1975
THE WHITE HOUSE
ACTION
WASHINGTON
December 22,1975
Last Day: December 27
Posted in
12/23
Colorado Jo
MEMORANDUM FOR
THE PRESIDENT
FROM:
JIM CANNON do
12/24
SUBJECT:
Enrolled Bill H.R. 4865 - Use
of Franked Mail
Attached for your consideration is H.R. 4865, sponsored
by Representative Myers, which would limit the use of
franked mail by former Vice Presidents, Members of
Congress and certain other officers of the Congress
to materials on official business relating to the
closing of their respective offices for a period of
90 days immediately following the date on which they
leave office.
Additional information is provided in OMB's enrolled
bill report at Tab A.
OMB, Max Friedersdorf, Counsel's Office (Lazarus) and
I recommend approval of the enrolled bill.
RECOMMENDATION
That you sign H.R. 4865 at Tab B.
R.
GERALD
FORD
ABOVE
EXECUTIVE OFFICE OF THE PRESIDENT
OFFICE OF MANAGEMENT AND BUDGET
WASHINGTON, D.C. 20503
DEC 19 1975
MEMORANDUM FOR THE PRESIDENT
Subject: Enrolled Bill H.R. 4865 - Use of Franked Mail
Sponsor - Rep. Myers (R) Pennsylvania
Last Day for Action
December 27, 1975 - Saturday
Purpose
To limit the use of mail franking privileges for former Vice
Presidents, Members of Congress and certain officers of the
Congress.
Agency Recommendations
Office of Management and Budget
Approval
Postal Service
No objection
Discussion
H.R. 4865 would limit the use of franked mail by former
Vice Presidents, Members of Congress, and certain other
officers of the Congress to materials on official business
relating to the closing of their respective offices for a
period of 90 days immediately following the date on which
they leave office.
Under current law, such officials may use their franking
privilege until the first day of April following the expira-
tion of their terms of office. No distinction currently
exists as to the types of mail that an incumbent or a former
Member may send as franked. This enrolled bill would make
such a distinction by limiting former officials' franking use
to matters relating to the closing of their offices.
FORD
GERALS
2
The enrolled bill would also authorize the Select Committee
on Standards and Conduct of the Senate and the House
Commission on Congressional Mailing Standards to prescribe
any rules and regulations required to implement this amend-
ment to the franking laws.
James Assistant m. Director Trey
for Legislative Reference
Enclosures
POSTA
UNITED STATES *
U.S.MAIL
SERVICE *
*******
LAW DEPARTMENT
Washington, DC 20260
December 18, 1975
Mr. James M. Frey
Office of Management and Budget
Assistant Director for
Legislative Reference
Washington, D.C. 20503
Dear Mr. Frey:
This responds to your request for the views of the Postal Service with
respect to the enrolled bill:
H.R. 4865, "To amend title 39, United States Code, to prohibit
certain franked mailings by Members of Congress
and certain officers of the United States, other than
mailings related to the closing of their official
business, after such Members or officers have left
office. 11
1. Purpose of Legislation as it
The bill would make certain amend-
Pertains to the Postal Service.
ments in title 39 U.S. Code, to
limit the use of the congressional
franking privilege by former Members
of Congress, and certain other officers
of the Congress authorized by law to
use the frank, to mail matter relating
to the closing of their office. The bill
also provides that the House Commis-
sion on Congressional Mailing
Standards and the Select Committee on
Standards and Conduct of the Senate
shall issue regulations to carry out the
provisions of the proposed new law.
2. Position of the Postal Service
The Postal Service has no objection to
enactment of this measure. Since 1968
the Postal Service has not been directly
- 2 -
concerned with overseeing or enforcing
the proper use of the frank by those
entitled to use it. Such matters are
now the province of the respective
House and Senate Committees
mentioned above. The concern of the
Postal Service with franked mail is the
same as it is for other mail, namely
that (1) the mail is efficiently and
expeditiously delivered, and (2) the
Postal Service is fully reimbursed for
such mail. This bill does not affect
either of these concerns.
3. Timing.
We have no recommendation to make
as to when the measure should be
signed.
4. Cost or Savings.
We have no estimate as to the cost or
savings of this measure.
5. Recommendation of
The Postal Service has no objection to
Presidential Action.
approval of this measure.
Sincerely,
W. allen Sanders
W. Allen Sanders
Assistant General Counsel
Legislative Division
1
EXECUTIVE OFFICE OF THE PRESIDENT
OFFICE OF MANAGEMENT AND BUDGET
WASHINGTON, D.C. 20503
DEC 19 1975
MEMORANDUM FOR THE PRESIDENT
Subject: Enrolled Bill H.R. 4865 - Use of Franked Mail
Sponsor - Rep. Myers (R) Pennsylvania
Last Day for Action
December 27, 1975 - Saturday
Purpose
To limit the use of mail franking privileges for former Vice
Presidents, Members of Congress and certain officers of the
Congress.
Agency Recommendations
Office of Management and Budget
Approval
Postal Service
No objection
Discussion
H.R. 4865 would limit the use of franked mail by former
Vice Presidents, Members of Congress, and certain other
officers of the Congress to materials on official business
relating to the closing of their respective offices for a
period of 90 days immediately following the date on which
they leave office.
Under current law, such officials may use their franking
privilege until the first day of April following the expira-
tion of their terms of office. No distinction currently
exists as to the types of mail that an incumbent or a former
Member may send as franked. This enrolled bill would make
such a distinction by limiting former officials' franking use
to matters relating to the closing of their offices.
Attached document was not scanned because it is duplicated elsewhere in the document
THE WHITE HOUSE
ACTION MEMORANDUM
WASHINGTON
LOG NO.: 1418
Date: December 20
Time: 1130am
FOR ACTION: Lynn May an
CC (for information):
Jack Marsh
Max Friedersdorf on
Jim Cavanaugh
Ken Lazarus
the
Warren Hendriks
FROM THE STAFF SECRETARY
DUE: Date:
Time:
December 22
200pm
SUBJECT:
H.R. 4865 - Use of Franked Mail
ACTION REQUESTED:
For Necessary Action
For Your Recommendations
Prepare Agenda and Brief
Draft Reply
X
For Your Comments
Draft Remarks
REMARKS:
Please return to Judy Johnston, Ground Floor West Wing
PLEASE ATTACH THIS COPY TO MATERIAL SUBMITTED.
If you have any questions or if you anticipate a
delay in submitting the required material, please
K. R. COLE, JR.
telephone the Staff Secretary immediately.
For the President
ACTION MEMORANDUM
WASHINGTON
LOG NO.: 1418
Date: December 20
Time: 1130am
FOR ACTION: Lynn May
CC (for information):
Jack Marsh
Max Friedersdorf
Jim Cavanaugh
Ken Lazarus
Warren Hendriks
FROM THE STAFF SECRETARY
DUE: Date:
Time:
December 22
200pm
SUBJECT:
H.R. 4865 - Use of Franked Mail
ACTION REQUESTED:
For Necessary Action
For Your Recommendations
Prepare Agenda and Brief
Draft Reply
X
For Your Comments
Draft Remarks
REMARKS:
Please return to Judy Johnston, Ground Floor West Wing
No objection.
Ken Lazarus
PLEASE ATTACH THIS COPY TO MATERIAL SUBMITTED.
If you have any questions or if you anticipate a
delay in submitting the required material, please
telephone the Staff Secretary immediately.
the
ACTION
MORANDUM
WASHINGTON
LOG NO.: 1418
Date: December 20
Time: 1130am
FOR ACTION: Lynn May
CC (for information):
Jack Marsh
Max Friedersdorf
Jim Cavanaugh
Ken Lazarus
Warren Hendriks
FROM THE STAFF SECRETARY
DUE: Date:
Time:
December 22
200pm
SUBJECT:
H.R. 4865 - Use of Franked Mail
ACTION REQUESTED:
For Necessary Action
For Your Recommendations
Prepare Agenda and Brief
Draft Reply
X
For Your Comments
Draft Remarks
REMARKS:
Please return to Judy Johnston, Ground Floor West Wing
Recommend Apprival
It mr
PLEASE ATTACH THIS COPY TO MATERIAL SUBMITTED.
If you have any questions or if you anticipate a
delay in submitting the required material, please
telephone the Staff Sccretary immediately.
****
6.30
Repaident
THE WHITE HOUSE
WASHINGTON
December 22, 1975
MEMORANDUM FOR:
JIM CAVANAUGH
FROM:
MAX L. FRIEDERSDORF mb.
SUBJECT:
H.R. 4865 - Use of Franked Mail
The Office of Legislative Affairs concurs with the agencies
that the
subject bill be signed.
Attachments
94TH CONGRESS
HOUSE OF REPRESENTATIVES
REPORT
1st Session
No. 94-443
MAILING PRIVILEGES OF FORMER MEMBERS OF
CONGRESS
AUGUST 1, 1975.-Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
Mr. CHARLES H. WILSON of California, from the Committee on Post
Office and Civil Service, submitted the following
REPORT
[To accompany H.R. 4865]
The Committee on Post Office and Civil Service, to whom was re-
ferred the bill (H.R. 4865) To amend title 39, United States Code,
to prohibit certain franked mailings by Members of the Congress and
certain officers of the United States, other than mailings related to the
closing of their official business, after such Members or officers have
left office having considered the same, report favorably thereon with
an amendment and recommend that the bill as amended do pass.
AMENDMENT
The amendment strikes out all after the enacting clause and inserts
in lieu thereof a substitute text which appears in italic type in the
reported bill.
EXPLANATION OF AMENDMENT
The amendment proposed by the committee strikes out all after the
enacting clause and inserts in lieu thereof the substitute text, which is
contained in italic type in the reported bill. The explanation of the
provisions of the amendment is contained in the explanation of the bill
set forth hereinafter in this report.
PURPOSE
H.R. 4865 would limit the use of the congressional franking privilege
by former Members of Congress, and certain other officers of the Con-
gress authorized by law to use the frank, to mail matter relating to
the closing of their office.
57-006
3
2
The committee wishes to make it clear that the House Commission
COMMITTEE ACTION
and the Select Committee have unrestricted authority under the new
section 3120 (b) (3) to issue appropriate rules and regulations and
This legislation was introduced on March 13, 1975, by Representa-
tive Myers of Pennsylvania and was ordered reported by the com-
take any other action which they consider necessary and proper to
earry out the intent of the Congress in enacting H.R. 4865.
mittee by unanimous voice vote on June 5, 1975.
DATE OF EXPIRATION
COMMITTEE AMENDMENT
Existing law authorizes the use of the frank by a former Member or
The committee amendment strikes out all after the enacting clause
other eligible individual "until the 1st day of April following the ex-
and inserts an amendment in the nature of a substitute designed to
piration of their respective terms of office." H.R. 4865 changes this
clarify the coverage of the bill.
provision to be a 90-day period immediately following the date on
which such a Member or other individual ceases to serve in a position
EXPLANATION
for which the franking privilege is authorized to be used.
Section 3210 (b) (1), of title 39, United States Code, is the authority
COST
for the use of the congressional frank. Under its provisions, the Vice
President, each Member of or Member-elect of Congress, the Secre-
There is no estimate of cost which would result from the enactment
tary of the Senate, the Sergeant at Arms of the Senate and each of the
of H.R. 4865.
elected officers of the House of Representatives (other than a Member)
The committee anticipates that the enactment of the legislation will
may send, as franked mail, matter relating to their official business.
result in a slight reduction in the amounts necessary to pay the cost of
activities, and duties, during their terms of office and until the first day
mailings by former Members of Congress, and others, because of the
of April following the expiration of their terms of office.
limitations upon the kinds of matter which may be mailed.
The existing language of section 3210(b) (1) does not distinguish
between the authority to send franked mail for an incumbent Member
COMPLIANCE WITH CLAUSE 2(1) (3) OF RULE XI
or a former Member of Congress.
The committee believes that such a distinction should be made. The
With respect to the requirement of clause 2(1) (3) of rule XI of the
categories of mail matter which 39 U.S.C. 3210(a) (3) authorizes a
Rules of the House of Representatives-
Member or Member-elect to mail includes material relating to the cur-
(A) The Subcommittee on Postal Facilities, Mail and Labor Man-
rent and future concerns of the Government and the Nation. The role
agement is vested under Committee Rules with legislative and over-
of an incumbent Member or soon-to be-incumbent Member of Congress
sight jurisdiction and responsibility over the subject matter of H.R.
in the consideration of a wide variety of issues is obvious and important
4865 and made no specific findings and recommendations in connection
to the legislative function. In the case of former Members of Con-
with its oversight responsibilities on the subject matter in H.R. 4865;
gress, however, responsibilities as a Representative or Senator have
(B) The measure does not provide new budget authority or new or
ceased. Although a former Member's interest in public affairs may con-
increased tax expenditures and thus a statement required by section
tinue to be active, it is the activity of a private citizen rather than an
308 (a) of the Congressional Budget Act of 1974 is not necessary;
elected official. Therefore, the public generally should not bear the
(C) No estimate and comparison of costs has been received by the
costs, through appropriations, of paying for the transmission of a
Committee from the Director of the Congressional Budget Office, pur-
former Member's mail except to the extent that such mail relates to
suant to section 403 of the Congressional Budget Act of 1974; and
the termination of services in Congress for a reasonable period after
(D) The committee has received no report from the Committee on
the termination of such services.
Government Operations of oversight findings and recommendations
The only category of mail matter which H.R. 4865 would authorize
arrived at pursuant to clause (b) (2) of Rule X.
a former Member (or other former eligible individual) to mail is mat-
ter on official business relating to the closing of their respective offices.
INFLATIONARY IMPACT STATEMENT
The committee amendment specifically authorizes and directs the
House Commission on Congressional Mailing Standards and the Se-
Pursuant to clause 2(1) (4) of Rule XI of the Rules of the House
lect Committee on Standards and Conduct of the Senate to prescribe
of Representatives, the committee has concluded that the enactment
rules and regulations to carry out the provisions of the bill. The com-
of H.R. 4865 will have no inflationary impact.
mittee believes that a description of the specific kinds of mail matter
eligible to be franked by a former Member should be determined by the
HOUSE COMMISSION VIEWS
Commission and the Select Committee rather than by statutory lan-
guage in order to permit some latitude and flexibility in considering
Following is a letter from the Chairman of the House Commission
on Congressional Mailing Standards, which considered H.R. 4865.
individual cases.
H.R. 443
H.R. 443
4
5
Hon. DAVID N. HENDERSON,
This proposed language would retain under subsection 3210(b) (1)
Chairman, Post Office and Civil Service Committee,
the same authority to use the frank which currently exists for an in-
U.S. House of Representatives, Washington, D.C.
cumbent Member and Member-elect of Congress while deleting the
DEAR MR. CHAIRMAN: Reference is made to your letter of May 2,
phrase "until the 1st day of April following the expiration of their
1975, requesting the views of the House Commission on Congressional
respective term of office.'
Mailing Standards on the bill H.R. 4865 which would amend title 39,
We would then propose a new paragraph (3) under subsection (b)
United States Code, to prohibit certain franked mailings by Members
which would authorize limited use of the frank during the 90-day
of the Congress and certain officers of the United States, other than
period immediately following the date on which the Vice President.
mailings related to the closing of their closing business, after such
each Member of Congress, and the authorized officers of the Senate
Members or officers have left office.
and House leave office. Such use would be restricted to the franking of
The Commission agrees with the purpose of this legislation, but sug-
mail matter on official business relating to the closing of their respec-
gests certain changes in the text of the bill to make it conform more
tive offices.
readily with its intent.
We also propose language which authorizes the House Commission
Section 3210(b) (1), of title 39, United States Code, which this legis-
on Congressional Mailing Standards and the Select Committee on
lation amends, is the basic authority in law for the use of the con-
Standards and Conduct of the Senate to prescribe rules and regulations
gressional frank. Under its provisions the Vice President, each Mem-
for their respective Houses and to take such other action as they çon-
ber of or Member-elect to Congress, the Secretary of the Senate, the
sider necessary and proper to carry out the provisions of the new
Sergeant at Arms of the Senate and each of the elected officers of the
paragraph (3).
House of Representatives (other than a Member of the House) may
The Commission fully agrees with the sponsors of H.R. 4865 and
send, as franked mail, matter relating to their official business, activi-
other identical bills that a Member of Congress upon leaving office
ties, and duties, as intended by Congress to be mailable as franked mail
should have limited franking privileges and that these privileges
under subsection (a) (2) and (3) of section 3210 of title 39 until the
should not be as broad as those of an incumbent Member.
1st day of April following the expiration of their respective terms of
Therefore, we recommend the enactment of H.R. 4865 with the
office.
amendment submitted with this report.
The language of 39 USC 3210(b) (1) was enacted by Public Law
Sincerely,
93-191. It is a carry over of similar authority under the former sec-
MORRIS K. UDALL,
tion 3210 which permitted the use of the frank on official business until
Chairman.
the 30th day of June following the expiration of terms of office of
Members of Congress.
CHANGES IN EXISTING LAW MADE BY THE BILL, AS REPORTED
The existing language of section 3210(b) (1) makes no distinction
between the authority to send franked mail as an incumbent Member
In compliance with clause 3 of rule XIII of the Rules of the House
of Congress or as a former Member of Congress, until April 1 follow-
of Representatives, changes in existing law made by the bill, as re-
ing the expiration of a Member's term of office. As a matter of fact, the
ported. are shown as follows (existing law proposed to be omitted is
former section 3210 of title 39 made no such distinction either.
enclosed in black brackets, new matter is printed in italic, existing law
Section 3210 (b) (1) also authorizes the use of the frank by the in-
in which no change is proposed is shown in roman) :
cumbent Legislative Counsels of the House and Senate, but makes no
provision for their continued use of the frank after leaving office.
TITLE 39, UNITED STATES CODE
Because the authority to mail as franked mail material described
under subsection (a) (2) and (3) of section 3210 is solely contained
CHAPTER 32.-PENALTY AND FRANKED MAIL
in subsection (b) of section 3210, the amendments proposed by H.R.
4865 to that subsection are unduly restrictive.
§ 3210. Franked mail transmitted by the Vice President, Members
If the legislation were to be enacted as written, it would mean that
of Congress, and congressional officials
Members of Congress and the other officials listed in that section would
be permitted to frank mail only during the 90-day period immedi-
(b) (1) The Vice President, each Member of or Member-elect to
ately following the date on which they leave office. In addition, such
Congress, the Secretary of the Senate, the Sergeant at Arms of the
franking authority would be restricted to mail matter described under
Senate. [and] each of the elected officers of the House of Representa-
subparagraphs (A), (D) and (E) of subsection (a) (3) of section
tives (other than a Member of the House), [until the 1st day of April
3210.
following the expiration of their respective terms of office.] and the
The Commission therefore suggests amendatory language to H.R.
Legislative Counsels of the House of Representatives and the Senate,
4865, as shown in the attachment.
may send, as franked mail, matter relating to their official business,
H.R. 443
H.R. 443
6
activities, and duties, as intended by Congress to be mailed as franked
mail under subsection (a) (2) and (3) of this section.
(2) If a vacancy occurs in the Office of the Secretary of the Senate,
the Sergeant at Arms of the Senate, an elected officer of the House of
Representatives (other than a Member of the House), or the Legisla-
tive Counsel of the House of Representatives or the Senate, any au-
thorized person may exercise the franking privilege in the officer's
name during the period of the vacancy.
(3) The Vice President, each Member of Congress, the Secretary of
the Senate, the Sergeant at Arms of the Senate, and each of the elęcted
officers of the House (other than a Member of the House), during the
90-day period immediately following the date on which they leave of-
fice, may send, as franked mail, matter on official business relating to
the closing of their respective offices. The House Commission on Con-
gressional Mailing Standards and the Select Committee on Standards
and Conduct of the ,Senate shall prescribe for their respective Houses
such rules and regulations, and shall take such other action as the Com-
mission or Committee considers necessary and proper, to carry out the
provisions of this paragraph.
H.R. 443
Calendar No.517
94TH CONGRESS
SENATE
REPORT
1st Session
No. 94-538
MAILING PRIVILEGES OF FORMER MEMBERS OF
CONGRESS
DECEMBER 11, 1975.-Ordered to be printed
Mr. McGEE, from the Committee on Post Office and Civil Service,
submitted the following
REPORT
[To accompany H.R. 4865]
The Committee on Post Office and Civil Service, to which was re-
ferred the bill (H.R. 4865) to amend title 39, United States Code, to
prohibit certain franked mailings by Members of the Congress and
certain officers of the United States, other than mailings related to the
closing of their official business, after such Members or officers have
left office having considered the same, reports favorably thereon with-
out amendment and recommends that the bill do pass.
PURPOSE
H.R. 4865 would limit the use of the congressional franking privilege
by former Members of Congress, and certain other officers of the Con-
gress authorized by law to use the frank, to mail matter relating to
the closing of their office.
SUMMARY
The existing language of section 3210(b) (1) does not distinguish be-
tween the authority to send franked mail for an incumbent member in
contradistinction to a former Member of Congress. The Committee be-
lieves that such a distinction should be made. Clearly, an incumbent
Member or a Member-elect is required to play an active role concern-
ing a wide variety of issues if he is to fulfill his legislative function.
On the other hand, former Members of Congress no longer have a
legislative function, even though their interests may continue to be
active. In the case of a former Member, the public generally should
not bear the costs, through appropriations, of paying for the transmis-
sion of a former Member's mail except to the extent that such mail
57-010
2
3
relates to the termination of services in the Congress for a reasonable
The Committee wishes to make it clear that the House Commission
period after the termination of such services.
and the Select Committee have unrestricted authority under the new
Existing law authorizes the use of the frank by a former Member
section 3120(b) (3) to issue appropriate rules and regulations and take
or other eligible individual "until the 1st day of April following the
any other action which they consider necessary and proper to carry out
expiration of their respective terms of office." H.R. 4865 changes this
the intent of the Congress in enacting H.R. 4865.
provision to be a 90-day period immediately following the date on
which such a Member or other individual ceases to serve in a position
ESTIMATED COST
for which the franking privilege is authorized to be used.
There is no estimate of cost which would result from the enactment
ACTION BY COMMITTEE
of H.R. 4865.
The Committee anticipates that the enactment of the legislation will
The full Committee ordered H.R. 4865 reported on December 11,
result in a slight reduction in the amounts necessary to pay the cost of
1975 by a unanimous vote.
STATEMENT
mailings by former Members of Congress and others, because of the
limitations upon the kinds of matter which may be mailed.
Section 3210 (1), of title 39, United States Code, is the authority
for the use of the congressional frank. Under its provisions, the Vice
REPORTS
President, each Member of or Member-elect of Congress, the Secre-
The views of the Select Committee on Standards and Conduct,
tary of the Senate, the Sergeant at Arms of the Senate and each of
Howard W. Cannon, Chairman, are set forth below:
the elected officers of the House of Representatives (other than a Mem-
ber) may send, as franked mail, matter relating to their official busi-
U.S. SENATE,
ness, activities, and duties, during their terms of office and until the
SELECT COMMITTEE ON STANDARDS AND CONDUCT,
first day of April following the expiration of their terms of office.
Washington, D.C., November 4, 1975.
The existing language of section 3210(b) (1) does not distinguish
Hon. GALE McGEE,
between the authority to send franked mail for an incumbent or a
Chairman, Committee on Post Office and Civil.Service,
former Member of Congress.
U.S. Senate, Washington, D.C.
The committee believes that such a distinction should be made. The
DEAR MR. CHAIRMAN In response to your letter of October 13, 1975
categories of mail matter which 39 U.S.C. 3210 (a) (3) authorizes a
requesting my views and comments on H.R. 4865, the Committee on
Member or Member-elect to mail includes material relating to the cur-
Standards and Conduct has no objection to the proposed legislation.
rent and future concerns of the Government and the Nation. The role
With best personal wishes.
of an incumbent Member or soon-to-be-incumbent Member of Congress
Sincerely yours,
in the consideration of a wide variety of issues is obvious and impor-
HOWARD W. CANNON,
tant to the legislative function. In the case of former Members of Con-
Chairman.
gress, however, responsibilities as a Representative or Senator have
CHANGES IN EXISTING LAW
ceased. Although a former Member's interest in public affairs may
continue to be active, it is the activity of a private citizen rather than
In compliance with subsection 4 of rule XXIX of the Standing
an elected official. Therefore, the public generally should not bear the
Rules of the Senate, changes in existing law made by the bill as re-
costs, through appropriations, of paying for the transmission of a
ported are shown as follows (existing law in which no change is pro-
former Member's mail except to the extent that such mail relates to
posed is shown in roman; existing law proposed to be omitted is en-
the termination of services in Congress for a reasonable period after
closed in black brackets; new matter is shown in italic)
the termination of such services.
The only category of mail matter which H.R. 4865 would authorize
TITLE 39, UNITED STATES CODE
a former Member (or other former eligible individual) to mail is
matter on official business relating to the closing of their respective
Chapter 32.-Penalty and Franked Mail
offices. H.R. 4865 specifically authorizes and directs the House Com-
§ 3210. Franked mail transmitted by the Vice President, Members
mission on Congressional Mailing Standards and the Select Committee
of Congress, and congressional officials
on Standards and Conduct of the Senate to prescribe rules and regu-
*
*
*
*
lations to carry out the provisions of the bill. The Committee believes
*
*
that a description of the specific kinds of mail matter eligible to be
(b) (1) The Vice President, each Member of or Member-Elect to
franked by a former Member should be determined by the Commission
Congress, the Secretary of the Senate, the Sergeant at Arms of the
and the Select Committee rather than by statutory language in order
Senate, [and] each of the elected officers of the House of Representa-
to permit some latitude and flexibility in considering individual cases.
tives (other than a Member of the House), [until the 1st day of April
S.R. 538
S.R. 538
4
following the expiration of their respective terms of office,] and the
Legislative Counsels of the House of Representatives and the Senate,
may send, as franked mail, matter relating to their official business,
activities, and duties, as intended by Congress to be mailed as franked
mail under subsection (a) (2) and (3) of this section.
(2) If a vacancy occurs in the Office of the Secretary of the Senate,
the Sergeant at Arms of the Senate, an elected officer of the House of
Representatives (other than a Member of the House), or the Legisla-
tive Counsel of the House of Representatives or the Senate, any au-
thorized person may exercise the franking privilege in the officer's
name during the period of the vacancy.
(3) The Vice President, each Member of Congress, the Secretary of
the Senate, the Sergeant at Arms of the Senate, and each of the elected
officers of the House (other than a Member of the House), during the
90-day period immediately following the date on which they leave of-
fice, may send, as franked mail, matter on official business relating to
the closing of their respective offices. The House Commission on Con-
gressional Mailing Standards and the Select Committee on Standards
and Conduct of the Senate shall prescribe for their respective Houses
such rules and regulations, and shall take such other action as the C'om-
mission or Committee considers necessary and proper, to carry out the
provisions of this paragraph.
*
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S.R. 538
H. R. 4865
Minety-fourth Congress of the United States of America
AT THE FIRST SESSION
Begun and held at the City of Washington on Tuesday, the fourteenth day of January,
one thousand nine hundred and seventy-five
An Act
To amend title 39, United States Code, to prohibit certain franked mailings by
Members of the Congress and certain officers of the United States, other than
mailings related to the closing of their official business. after such Members or
officers have left office.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That (a) section
3210(b) (1) of title 39, United States Code, is amended-
(1) by striking out "and" immediately before "each"; and
(2) by striking out "until the 1st day of April following the
expiration of their respective terms of office,".
(b) Section 3210(b) of title 39, United States Code, is amended
by adding at the end thereof the following new paragraph:
"(3) The Vice President, each Member of Congress, the Secretary
of the Senate, the Sergeant at Arms of the Senate, and each of the
elected officers of the House (other than a Member of the House),
during the 90-day period immediately following the date on which
they leave office, may send, as franked mail, matter on official business
relating to the closing of their respective offices. The House Commis-
sion on Congressional Mailing Standards and the Select Committee
on Standards and Conduct of the Senate shall prescribe for their
respective Houses such rules and regulations, and shall take such
other action as the Commission or Committee considers necessary and
proper, to carry out the provisions of this paragraph.".
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.
6
December 16, 1975
Dear Mr. Director:
The following bills were received at the White
House on December 16th:
S. 2757
H.R. 1753
>
H.R. 2110
H.R. 4865
H.R. 6642
H.R. 7976
H.R. 10647
Please let the President have reports and
recommendations as to the approval of these
bills as soon as possible.
Sincerely,
Robert D. Linder
Chief Executive Clerk
The Honorable James T. Lynn
Director
Office of Management and Budget
Washington, D. C.