lap 64 R.V.S. 29 Ap 64 1964 CONTENTS Statements of— Ablard, Charles, vice president, Magazine Publishers Association, Gross, Hon. H. R., a Representative in Congress from the State of Littleford, W. D., president, the Billboard Publishing Co., 165 West Riley, Edwin A., Director, Classification and Special Services Division, Post Office Department; accompanied by Adam G. Wenchel, Saltzstein, Robert A., attorney, Associated Business Publications. Serrill, Theodore A., executive vice president, National Editorial Udall, Hon. Morris K., a Representative in Congress from the State ΠΙ Page 16 15 2 FILING OF INFORMATION RELATING TO SECOND-CLASS TUESDAY, FEBRUARY 25, 1964 HOUSE OF RepresentaTIVES, SUBCOMMITTEE OF THE COMMITTEE ON POST OFFICE AND CIVIL SERVICE, Washington, D.C. The subcommittee met, pursuant to notice, at 10 a.m., room 215, Cannon House Office Building, Hon. Dominick V. Daniels, of New Jersey (chairman of the subcommittee) presiding. Mr. DANIELS. The meeting will come to order. This subcommittee was appointed to hold hearings on the identical bills, H.R. 5487 sponsored by Mr. Udall and H.R. 5481 sponsored by Mr. Gross. These bills repeal the provision of section 4369 (a) (4) of title 39, United States Code, which exempts trade publications serving the performing arts from the requirement that the magazine publish information relating to the extent and nature of the circulation of the magazine. The exemption contained in section 4369 was added by the Senate in 1962 as an amendment to a House-passed bill. No explanation was offered as justification for the amendment. During the consideration by the House of Representatives on the acceptance of the Senate amendment, two esteemed members of the House Post Office and Civil Service Committee, Messrs. Udall and Gross, raised questions about the necessity for the exemption. These hearings have been scheduled in order to ascertain what justification there may be for continuing to exempt trade publications serving the performing arts from the statutory requirement applicable to all other publication information as to the circulation of the publications. (H.R. 5481 follows:) [H.R. 5481, 88th Cong., 1st sess.] A BILL To provide for more uniform application of section 4369 of title 39, United States Code, which pertains to filing of information relating to second-class mail publications Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section 4369(a) of title 39, United States Code, is amended by striking out ": Provided, however, That trade publications serving the performing arts need only to furnish such information to the Postmaster General". Mr. DANIELS. We are pleased to have as our first witness this morning the Honorable Morris K. Udall, sponsor of H.R. 5487. It is always a pleasure to welcome our distinguished colleague who is a member of this committee. 1 STATEMENT OF HON. MORRIS K. UDALL, A REPRESENTATIVE IN THE CONGRESS OF THE UNITED STATES FROM THE STATE OF ARIZONA Mr. UDALL. Thank you, Mr. Chairman. I do not have a prepared oration with me this morning. I will proceed informally and make a few remarks, then submit myself to what I am sure will be a penetrating cross-examination on what I have said. I am happy to cosponsor with the gentleman from Iowa the legislation that is before the committee this morning, as the gentleman from Iowa never sponsors anything unless it is carefully considered and in the best interest of all the people of this country. As the chairman has stated, when we passed the 1962 act it was intended to at least balance part of the postal deficit; an attempt to bring the postal deficit into balance. We rewrote certain provisionsmaybe I am mistaken, I was thinking this was part of the postal— no, it was not, this was a separate bill-which was intended to rewrite the requirements for publications affecting certain publishers. The second-class mailing privilege is a privilege and the statutes have required that annually the publishers who seek this exemption and the privileges afforded second-class mailers publish a statement of ownership and circulation of their publication. The House passed what I thought was an excellent and carefully thought out piece of legislation. It went to the Senate and the Senate approved it but added a specific exemption for mazagines serving the performing arts. It was the feeling of the gentleman from Iowa and myself, and other Members of the House side, that there was no justification for this, nothing to serve as a basis for setting aside this particular class of publication. Because of the lateness of the session and the difficulties that might have existed, we did not oppose the conference report. At the same time, the gentleman from Iowa and myself pledged ourselves to repeal part of this legislation at some future time and accordingly, we did introduce these identical bills. I want to say that I am heartened at the response of most of the people in this field. I understand the Magazine Publishers Association has indicated it does not object to this legislation; in fact, favors it. I had one of the finest letters I have ever received, which I am sure the committee has and will put into the record, from the publishers of Billboard, dated June 3, 1963. I believe a similar letter was sent to the committee. Mr. DANIELS. We do not have it. Mr. UDALL. I will suggest to the committee that this be made a part of the record. Billboard magazine has indicated it does not want to take advantage of the exemption, would not do so, and is proud and happy to publish its circulation data. Mr. DANIELS. Mr. Udall has furnished the committee with the statement and has requested it be in the record of this hearing. Mr. UDALL. I think that is all I have to say, Mr. Chairman. I thank the chairman for holding these hearings and giving me the opportunity to participate. Mr. DANIELS. Mr. Olsen? Mr. OLSEN. Mr. Udall, do you know of any publication serving the performing arts, by specific name, that favors this exemption? Mr. UDALL. My understanding is this amendment in the Senate bill was sponsored by Variety magazine. They were the chief sponsor who wanted this exemption. Mr. OLSEN. Do you know of any others? Mr. UDALL. No. I don't know if Variety has changed its position. But it is my understanding that they were the ones who persuaded some Senators to introduce this. Now whether or not they have changed their position to accord with the sponsors of this, I don't know. Billboard magazine and other magazines believe the bills should be enacted. Mr. OLSEN. I have no other questions. Mr. DANIELS. Mr. Watson? Mr. WATSON. Just two things. First, I am disappointed you had not prepared your oration because I canceled another meeting order to come and hear you. I want to establish-apparently this was not just put in on some fancy, merely upon the request of some individual. A man of your persuasion, and of Mr. Gross', when you asked about why this amendment was attached to it what reason, if any, was given at the time, in 1962? Mr. UDALL. None to me, except this would be harmful and difficult for this particularmagazine to comply with. As I recall, they hadn't done it in the past and for some reason they felt there were particular aspects of the performing arts that would make this difficult. I was outraged at the time. This was the feeling of the gentleman from Iowa and myself after we discussed it. The thing to do was to go ahead and get the bill passed, because there were good features in it, and then continue to attack it in the fashion we have. Mr. DANIELS. Any further questions? Mr. WATSON. No, sir. Mr. DANIELS. Mr. Derwinski? Mr. DERWINSKI. No, sir.. Mr. DANIELS. Thank you so much. Sorry you were delayed and we had to hold you more than necessary. Our next witness is the distinguished gentleman from Iowa. STATEMENT OF HON. H. R. GROSS, A REPRESENTATIVE IN THE U.S. CONGRESS FROM THE STATE OF IOWA Mr. GROSS. Thank you, Mr. Chairman and members of the committee. First of all, I want to reciprocate in every respect the kind comments of my colleague, Mr. Udall, and say that it is a pleasure to in effect. cosponsor a bill with him. Mr. Chairman, I appear this morning in support of my bill, H.R. 5481, and an identical bill introduced by my colleague, Congressman Udall, H.R. 5487, which relates to the requirement that owners of publications having second-class mailing privileges furnish to the Postmaster General and publish in their publications information as to the circulation of the publication including the number of copies |