Amending the Rules of the House of Representatives to make a technical correction on limitations on the use of the frank.

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 Thus the House Rule today is out of date.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''.