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Mr. CHAIRMAN, Members of the Committee, thank you for this opportunity to testify in support of H.R. 349, the Congressional Accountability Act, as it applies to reform of congressional operations.

I want to applaud the Joint Committee for its aggressive hearing schedule this early in the 103rd Congress. We all have a lot of hope for the results of your work.

Among the issues you have been discussing is an updating, and hopefully a consolidation of committee jurisdictions in the House of Representatives. I believe firmly that would help speed passage of legislation. For example, the bill we are here to support today, the Congressional Accountability Act, has been referred to six different standing committees. That doesn't ease the ability for this institution to act on meaningful reform legislation.

As for the bill itself, let me just say that as a small businessman, I have come to know firsthand the financial burdens brought about by many of the regulatory and other laws passed by the Congress, but by which the Congress itself does not have to abide. Although many of those laws have admirable goals, it seems to me if the Members of Congress in fact had first hand knowledge of these costs to small businesses across America, the laws may have been fashioned somewhat differently.

I am also aware that the Congress has over the past several years made efforts through law and rules changes, to bring Congress into the fold regarding the administration to Members of Congress and congressional employees, some of the laws mentioned in H.R. 349. For example, the Congress does come under the Social Security

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Act, and has applied the goals and requirements of the Americans with Disabilities Act and the Fair Labor Standards Act to the House of Representatives and the Senate. The enforcement of those laws is administered through the House and Senate Offices of Fair Employment Practices.

All that is certainly a step in the right direction and I do not diminish those accomplishments. However, the fact remains the full force of those laws, are not available under the House process. For example, as I understand it, there is no judicial appeal option regarding decisions of the House Office of Fair Employment Practices. This legislation provides those rights to House employees.

I also understand, and have some sympathy with, the constitutional concern about separation of powers issues raised when we talk about applying to ourselves, the laws we pass. H.R. 349 attempts to address that by encouraging the House to act first to put in place implementing and full enforcement regulations and appeal rights. The bill requires the House to promulgate rules consistent with the rules adopted by the respective Executive agencies to implement and enforce the laws across the country. Finally, but importantly, the bill provides employees a means to appeal in Federal District Court, an adverse ruling of the House Office of Fair Employment Practices.

We appreciate the time the Joint Committee has allowed us to present our views on this legislation. Again, I commend you for your work and hope the Joint Committee will give full consideration to our concerns embodied in H.R. 349, and to the many other suggestions that have and will be brought before you. As one who campaigned and won election on the basis of congressional reform, I will do all I can to assist in your efforts and the other efforts we will pursue to bring about the institutional changes aimed at improving the operation of the Congress. In so doing, we will also improve the public perceptions and attitude regarding this treasured institution.

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Testimony of Congressman Fred Upton
Joint Committee on Congressional Reform
February 4, 1993

FRANKING REFORM

I am pleased to have this opportunity to testify before the Joint Committee on

Congressional Reform. I commend the Chairman and Ranking Member for holding this series of hearings on issues which are extremely critical to restoring public respect for this institution.

We only have to look at the latest Gallup poll or pay close attention to our constituent mail to know that there are a lot of folks out there who are generally skeptical of our ability to "get things done". It's awfully hard, to go back home and convince my constituents to trust that Congress will be able to seriously tackle the problems facing this nation when they see that Congress can not even keep its own house in order.

I would like to highlight one issue that needs additional reform: the House franking privelege. This issue serves as a "lightning rod" for the House which measures our constituents' frustrations with Congress. When I am home in Michigan, the people I represent continually bring this up at town meetings and coffee shops. They ask why we need so much money for our mail, and point out that it is a powerful incumbent advantage at taxpayers' expense. I agree.

I have been commited to franking reform ever since I started this job. Through the years I have spearheaded various bi-partisan efforts to slash the franking allowance

which I believe had a postitive role in getting $20 million in recission in the franked mail budget as part of the FY 92 recission bill.

I respond to every piece of constituent mail, notify residents about town meetings, and keep them updated on important legislative issue. In 1991, I was still able to return more that $100,000 of my mail funds. This past year, I used less than 25% of my funds. I know many of my colleagues are equally as frugal. I think this shows that we can indeed reduce the amount of funds used to send mail.

Also, under current House rules, unspent franking funds can be reprogrammed to other accounts like House Leadership Offices; Member's Clerk Hire; Committee Employees; Standing Committees, Special and Select; House Information Systems; Allowances and Expenses; and Salaries, Officers and Employees. With a $410 billion deficit, I think the least we can do is put that unused money towards deficit reduction.

That is why I have introduced H.R. 549. Quite simply, my bill attacks these points head-on.

o My bill cuts each Member's "Official Mail" allowance in half by changing the formula by which each office is allocated their "Official Mail" allowance. The current formula allocates to each Member the money necessary to send 3 first class mailing to

each household in their district. My bill reduce that number from 3 to 1 1/2.

o Also, my bill requires that, at the end of the year, all unused "franked" mail funds go to deficit reduction, not reprogrammed to other accounts.

I am sure franking reform in general is not the type of reform that we will read about 20 years from now amidst the pages of high school civics books, nonetheless we must address it. Our children and grandchildren are counting on us to get the books

of this nation balanced, and I am sure that they would be extremely disappointed to know that we here in Congress can not tighten our own belts.

Whether it's with my bill or not, we must act now to reform the franking rules and start putting our money where our mouths are.

Thank you.

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