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Tuesday, April 23, 2013

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 25 years have reduced overall franking expenditures in both election and non-election years. Even-numbered-year franking expenditures have been reduced by almost 80% from $113.4 million in FY1988 to $24.8 million in FY2012, while odd-numbered-year franking expenditures have been reduced by over 85% from $89.5 million in FY1989 to $12.8 million in FY2011. House mail costs have decreased from a high of $77.9 million in FY1988 to $23.3 million in FY2012. The Senate has dramatically reduced its costs, from $43.6 million in FY1984 to $1.5 million in FY2012.

No legislation has been introduced during the 113
th Congress to alter the franking privilege.

During the 112
th 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 S. 3528 would have repealed the authorization providing franking privileges to former Speakers of the House.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 111
th 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 stationary. 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 110
th 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 Eric Glassman; and CRS Report RL34274, Franking Privilege: Historical Development and Options for Change, by Matthew Eric Glassman.



Date of Report: April 10, 2013
Number of Pages: 9
Order Number: RS22771
Price: $19.95

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