Congressional Franking Privilege: Background and Recent Legislation

Matthew Eric Glassman
Analyst on the Congress

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 20 years have reduced overall franking expenditures in both election and non-election years. Even-numbered-year franking expenditures have been reduced by almost 70% from $113.4 million in FY1988 to $32.6 million in FY2008, while odd-numbered-year franking expenditures have been reduced by over 80% from $89.5 million in FY1989 to $16.8 million in FY2009. 

During the 111th Congress, two pieces of legislation have been introduced to alter the franking privilege for Members. H.R. 5151 would restrict Representatives' use of the frank to documents transmitted under the official letterhead used for the Member's stationary. H.R. 2056 would prohibit 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. H.R. 2788 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. H.R. 2687 would have prohibited mass mailings in the form of newsletters, questionnaires, or congratulatory notices. H.R. 1614, S. 936, and S. 1285 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 R40569, Election Year Restrictions on Mass Mailings by Members of Congress: How H.R. 2056 Would Change Current Law, by Matthew Eric Glassman; CRS Report RL34188, Congressional Official Mail Costs, by Matthew Eric Glassman; and CRS Report RL34274, Franking Privilege: Historical Development and Options for Change, by Matthew Eric Glassman.


Date of Report: August 20, 2010
Number of Pages: 9
Order Number: RS22771
Price: $19.95

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