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Congressional Franking Privilege: Background and Recent Legislation (CRS Report for Congress)

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Release Date Revised May 4, 2016
Report Number RS22771
Report Type Report
Authors Matthew E. Glassman, Government and Finance Division
Source Agency Congressional Research Service
Older Revisions
  • Premium   Revised May 5, 2015 (9 pages, $24.95) add
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Summary:

The congressional franking privilege, which dates from 1775, allows Members of Congress to transmit mail matter under their signature without postage. Congress, through legislative branch appropriations, reimburses the U.S. Postal Service for the franked mail it handles. Use of the frank is regulated by federal law, House and Senate rules, and committee regulations. Reform efforts during the past 30 years have reduced overall franking expenditures in both election and non-election years. Even-numbered-year franking expenditures have been reduced by over 85% from $113.4 million in FY1988 to $16.9 million in FY2014, while odd-numbered-year franking expenditures have been reduced by over 90% from $89.5 million in FY1989 to $8.3 million in FY2015. House mail costs have decreased from a high of $77.9 million in FY1988 to $6.8 million in FY2015. The Senate has dramatically reduced its costs, from $43.6 million in FY1984 to $1.5 million in FY2015. During the 114th Congress, one piece of legislation (H.R. 1873) has been introduced that would eliminate the traditional franking privilege of Members of Congress—the use of the Member's signature in lieu of prepayment for the mailing of letters related to official business. The bill, however, would continue to authorize the use of official funds for the purpose of Member official communications with constituents and others, as "congressional mail." It would also eliminate, without replacement, the franking privilege of survivors of Members of Congress. An identical bill (H.R. 4872) was introduced in the 113th Congress. During the 112th Congress, one piece of legislation was introduced that would have altered the franking privilege for former Speakers of the House. S. 3528 would have repealed the authorization providing franking privileges to former Speakers of the House. During the 111th Congress, two pieces of legislation were introduced that would have altered the franking privilege for Members. H.R. 5151 would have restricted Representatives' use of the frank to documents transmitted under the official letterhead used for the Member's stationery. H.R. 2056 would have prohibited Senators and Representatives from sending mass mailings during a period starting 90 days prior to a primary and ending on the day of the general election for any election in which the Member is a candidate for reelection. During the 110th Congress, five pieces of legislation were introduced to alter the franking privilege for Members. One bill would have required that all pieces of mail sent in a mass mailing include a statement indicating the cost of producing and mailing the mass mailing. Another bill would have prohibited mass mailings in the form of newsletters, questionnaires, or congratulatory notices. Three bills would have prohibited Senators and Representatives from sending mass mailings during a period starting 90 days prior to a primary and ending on the day of the general election for any election in which the Member is a candidate for reelection. This report will be updated as legislative action warrants. See also CRS Report RL34188, Congressional Official Mail Costs, by Matthew E. Glassman; and CRS Report RL34274, Franking Privilege: Historical Development and Options for Change, by Matthew E. Glassman.