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2 USC CHAPTER 16 - CONGRESSIONAL MAILING STANDARDS 01/06/03

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TITLE 2 - THE CONGRESS

CHAPTER 16 - CONGRESSIONAL MAILING STANDARDS

.

-HEAD-

CHAPTER 16 - CONGRESSIONAL MAILING STANDARDS

-MISC1-

Sec.

501. House Commission on Congressional Mailing Standards.

(a) Establishment; designation.

(b) Membership; political party representation;

Chairman; vacancies; quorum.

(c) Assistance and use of personnel, including chief

counsel, of Committee on Post Office and Civil

Service of the House.

(d) Advisory opinions or consultations respecting

franked mail for persons entitled to franking

privilege; franking privilege regulations.

(e) Complaint of franked mail violations;

investigation; notice and hearing;

conclusiveness of findings; decision of

Commission; judicial review; reference of

certain violations to Committee on Standards of

Official Conduct of the House for appropriate

action and enforcement; administrative

procedure regulations.

(f) Procedural considerations; sessions, place and

time; subpenas, issuance and service; oaths and

affirmations; testimony; printing and binding;

expenditures; organizational and procedural

regulations; majority assent.

(g) Property of Commission; records; voting record;

location of records, data, and files.

502. Select Committee on Standards and Conduct of the Senate.

(a) Advisory opinions or consultations respecting

franked mail for persons entitled to franking

privilege; franking privilege regulations.

(b) Complaint of franked mail violations;

investigation; notice and hearing; decision of

select committee; enforcement.

(c) Administrative or judicial jurisdiction of civil

actions respecting franking law violations or

abuses of franking privilege dependent on

filing of complaint with select committee and

rendition of decision by such committee.

(d) Administrative procedure regulations.

(e) Property of Senate; records of select committee;

voting record; location of records, data, and

files.

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2 USC Sec. 501 01/06/03

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TITLE 2 - THE CONGRESS

CHAPTER 16 - CONGRESSIONAL MAILING STANDARDS

-HEAD-

Sec. 501. House Commission on Congressional Mailing Standards

-STATUTE-

(a) Establishment; designation

There is established a special commission of the House of

Representatives, designated the ''House Commission on Congressional

Mailing Standards'' (herein referred to as the ''Commission'').

(b) Membership; political party representation; Chairman;

vacancies; quorum

The Commission shall be composed of six Members appointed by the

Speaker of the House, three from the majority political party, and

three from the minority political party, in the House. The Speaker

shall designate as Chairman of the Commission, from among the

members of the Committee on Post Office and Civil Service of the

House, one of the Members appointed to the Commission. A vacancy in

the membership of the Commission shall be filled in the same manner

as the original appointment. Four members of the Commission shall

constitute a quorum to do business.

(c) Assistance and use of personnel, including chief counsel, of

Committee on Post Office and Civil Service of the House

In performing its duties and functions, the Commission may use

such personnel, office space, equipment, and facilities of, and

obtain such other assistance from, the Committee on Post Office and

Civil Service of the House, as such committee shall make available

to the Commission. Such personnel and assistance shall include, in

all cases, the services and assistance of the chief counsel or

other head of the professional staff (by whatever title designated)

of such committee. All assistance so furnished to the Commission

by the Committee on Post Office and Civil Service shall be

sufficient to enable the Commission to perform its duties and

functions efficiently and effectively.

(d) Advisory opinions or consultations respecting franked mail for

persons entitled to franking privilege; franking privilege

regulations

The Commission shall provide guidance, assistance, advice, and

counsel, through advisory opinions or consultations, in connection

with the mailing or contemplated mailing of franked mail under

section 3210, 3211, 3212, 3213(2), 3218, or 3219, in connection

with the operation of section 3215, of title 39, and in connection

with any other Federal law (other than any law which imposes any

criminal penalty) or any rule of the House of Representatives

relating to franked mail, upon the request of any Member of the

House or Member-elect, Resident Commissioner or Resident

Commissioner-elect, Delegate or Delegate-elect, any former Member

of the House or former Member-elect, Resident Commissioner or

Resident Commissioner-elect, Delegate or Delegate-elect, any

surviving spouse of any of the foregoing (or any individual

designated by the Clerk of the House under section 3218 of title

39), or any other House official or former House official, entitled

to send mail as franked mail under any of those sections. The

Commission shall prescribe regulations governing the proper use of

the franking privilege under those sections by such persons.

(e) Complaint of franked mail violations; investigation; notice and

hearing; conclusiveness of findings; decision of Commission;

judicial review; reference of certain violations to Committee

on Standards of Official Conduct of the House for appropriate

action and enforcement; administrative procedure regulations

Any complaint by any person that a violation of any section of

title 39 referred to in subsection (d) of this section (or any

other Federal law which does not include any criminal penalty or

any rule of the House of Representatives relating to franked mail)

is about to occur, or has occurred within the immediately preceding

period of one year, by any person referred to in such subsection

(d), shall contain pertinent factual material and shall conform to

regulations prescribed by the Commission. The Commission, if it

determines there is reasonable justification for the complaint,

shall conduct an investigation of the matter, including an

investigation of reports and statements filed by the complainant

with respect to the matter which is the subject of the complaint.

The Commission shall afford to the person who is the subject of the

complaint due notice and, if it determines that there is

substantial reason to believe that such violation has occurred or

is about to occur, opportunity for all parties to participate in a

hearing before the Commission. The Commission shall issue a written

decision on each complaint under this subsection not later than

thirty days after such a complaint has been filed or, if a hearing

is held, not later than thirty days after the conclusion of such

hearing. Such decision shall be based on written findings of fact

in the case by the Commission. Such findings of fact by the

Commission on which its decision is based are binding and

conclusive for all judicial and administrative purposes, including

purposes of any judicial challenge or review. Any judicial review

of such decision, if ordered on any ground, shall be limited to

matters of law. If the Commission finds in its written decision,

that a serious and willful violation has occurred or is about to

occur, it may refer such decision to the Committee on Standards of

Official Conduct of the House of Representatives for appropriate

action and enforcement by the committee concerned in accordance

with applicable rules and precedents of the House and such other

standards as may be prescribed by such committee. In the case of a

former Member of the House or a former Member-elect, a former

Resident Commissioner or Delegate or Resident Commissioner-elect or

Delegate-elect, any surviving spouse of any of the foregoing (or

any individual designated by the Clerk of the House under section

3218 of title 39), or any other former House official, if the

Commission finds in its written decision that any serious and

willful violation has occurred or is about to occur, then the

Commission may refer the matter to any appropriate law enforcement

agency or official for appropriate remedial action.

Notwithstanding any other provision of law, no court or

administrative body in the United States or in any territory

thereof shall have jurisdiction to entertain any civil action of

any character concerning or related to a violation of the franking

laws or an abuse of the franking privilege by any person listed

under subsection (d) of this section as entitled to send mail as

franked mail, except judicial review of the decisions of the

Commission under this subsection. The Commission shall prescribe

regulations for the holding of investigations and hearings, the

conduct of proceedings, and the rendering of decisions under this

subsection providing for equitable procedures and the protection of

individual, public, and Government interests. The regulations

shall, insofar as practicable, contain the substance of the

administrative procedure provisions of sections 551-559, and

701-706, of title 5. These regulations shall govern matters under

this subsection subject to judicial review thereof.

(f) Procedural considerations; sessions, place and time; subpenas,

issuance and service; oaths and affirmations; testimony;

printing and binding; expenditures; organizational and

procedural regulations; majority assent

The Commission may sit and act at such places and times during

the sessions, recesses, and adjourned periods of Congress, require

by subpena or otherwise the attendance of such witnesses and the

production of such books, papers, and documents, administer such

oaths and affirmations, take such testimony, procure such printing

and binding, and make such expenditures, as the Commission

considers advisable. The Commission may make such rules respecting

its organization and procedures as it considers necessary, except

that no action shall be taken by the Commission unless a majority

of the Commission assent. Subpenas may be issued over the

signature of the Chairman of the Commission or of any member

designated by him or by the Commission, and may be served by such

person or persons as may be designated by such Chairman or member.

The Chairman of the Commission or any member thereof may administer

oaths or affirmations to witnesses.

(g) Property of Commission; records; voting record; location of

records, data, and files

The Commission shall keep a complete record of all its actions,

including a record of the votes on any question on which a record

vote is demanded. All records, data, and files of the Commission

shall be the property of the Commission and shall be kept in the

offices of the Commission or such other places as the Commission

may direct.

-SOURCE-

(Pub. L. 93-191, Sec. 5, Dec. 18, 1973, 87 Stat. 742; Pub. L.

93-255, Sec. 3(a), Mar. 27, 1974, 88 Stat. 52; Pub. L. 97-69, Sec.

7, Oct. 26, 1981, 95 Stat. 1043.)

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AMENDMENTS

1981 - Subsec. (d). Pub. L. 97-69, Sec. 7(a)(1), (b), inserted

references to Federal laws (other than laws which impose criminal

penalties), to rules of the House of Representatives relating to

franked mail, to former Members of the House of Representatives or

Members-elect, Resident Commissioners or Resident

Commissioners-elect, Delegates or Delegates-elect, and former House

officials, and to individuals designated by the Clerk of the House

under section 3218 of title 39.

Subsec. (e). Pub. L. 97-69, Sec. 7(a)(2), (c), inserted reference

to Federal laws that do not include criminal penalties or rules of

the House of Representatives relating to franked mail and inserted

provision that, in the case of a former Member of the House or a

former Member-elect, a former Resident Commissioner or Delegate or

Resident Commissioner-elect or Delegate-elect, any surviving spouse

of any of the foregoing (or any individual designated by the Clerk

of the House under section 3218 of title 39), or any other former

House official, if the Commission finds in its written decision

that any serious and willful violation has occurred or is about to

occur, then the Commission may refer the matter to any appropriate

law enforcement agency or official for appropriate remedial action.

1974 - Subsec. (d). Pub. L. 93-255 inserted reference to section

3219 of title 39.

EFFECTIVE DATE

Section effective Dec. 18, 1973, see section 14 of Pub. L.

93-191, set out as an Effective Date of 1973 Amendment note under

section 3210 of Title 39, Postal Service.

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ABOLITION OF HOUSE COMMITTEE ON POST OFFICE AND CIVIL SERVICE

Committee on Post Office and Civil Service of House of

Representatives abolished by House Resolution No. 6, One Hundred

Fourth Congress, Jan. 4, 1995. References to Committee on Post

Office and Civil Service with respect to House Commission on

Congressional Mailing Standards treated as referring to Committee

on House Oversight, see section 1(b) of Pub. L. 104-14, set out as

a note preceding section 21 of this title. Committee on House

Oversight of House of Representatives changed to Committee on House

Administration of House of Representatives by House Resolution No.

5, One Hundred Sixth Congress, Jan. 6, 1999.

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2 USC Sec. 502 01/06/03

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TITLE 2 - THE CONGRESS

CHAPTER 16 - CONGRESSIONAL MAILING STANDARDS

-HEAD-

Sec. 502. Select Committee on Standards and Conduct of the Senate

-STATUTE-

(a) Advisory opinions or consultations respecting franked mail for

persons entitled to franking privilege; franking privilege

regulations

The Select Committee on Standards and Conduct of the Senate shall

provide guidance, assistance, advice and counsel, through advisory

opinions or consultations, in connection with the mailing or

contemplated mailing of franked mail under section 3210, 3211,

3212, 3213(2), 3218, or 3219, and in connection with the operation

of section 3215, of title 39, upon the request of any Member of the

Senate or Member-elect, surviving spouse of any of the foregoing,

or other Senate official, entitled to send mail as franked mail

under any of those sections. The select committee shall prescribe

regulations governing the proper use of the franking privilege

under those sections by such persons.

(b) Complaint of franked mail violations; investigation; notice and

hearing; decision of select committee; enforcement

Any complaint filed by any person with the select committee that

a violation of any section of title 39 referred to in subsection

(a) of this section is about to occur or has occurred within the

immediately preceding period of one year, by any person referred to

in such subsection (a), shall contain pertinent factual material

and shall conform to regulations prescribed by the select

committee. The select committee, if it determines there is

reasonable justification for the complaint, shall conduct an

investigation of the matter, including an investigation of reports

and statements filed by the complainant with respect to the matter

which is the subject of the complaint. The committee shall afford

to the person who is the subject of the complaint due notice and,

if it determines that there is substantial reason to believe that

such violation has occurred or is about to occur, opportunity for

all parties to participate in a hearing before the select

committee. The select committee shall issue a written decision on

each complaint under this subsection not later than thirty days

after such a complaint has been filed or, if a hearing is held, not

later than thirty days after the conclusion of such hearing. Such

decision shall be based on written findings of fact in the case by

the select committee. If the select committee finds, in its

written decision, that a violation has occurred or is about to

occur, the committee may take such action and enforcement as it

considers appropriate in accordance with applicable rules,

precedents, and standing orders of the Senate, and such other

standards as may be prescribed by such committee.

(c) Administrative or judicial jurisdiction of civil actions

respecting franking law violations or abuses of franking

privilege dependent on filing of complaint with select

committee and rendition of decision by such committee

Notwithstanding any other provision of law, no court or

administrative body in the United States or in any territory

thereof shall have jurisdiction to entertain any civil action of

any character concerning or related to a violation of the franking

laws or an abuse of the franking privilege by any person listed

under subsection (a) of this section as entitled to send mail as

franked mail, until a complaint has been filed with the select

committee and the committee has rendered a decision under

subsection (b) of this section.

(d) Administrative procedure regulations

The select committee shall prescribe regulations for the holding

of investigations and hearings, the conduct of proceedings, and the

rendering of decisions under this subsection providing for

equitable procedures and the protection of individual, public, and

Government interests. The regulations shall, insofar as

practicable, contain the substance of the administrative procedure

provisions of sections 551 to 559 and 701 to 706, of title 5. These

regulations shall govern matters under this subsection subject to

judicial review thereof.

(e) Property of Senate; records of select committee; voting record;

location of records, data, and files

The select committee shall keep a complete record of all its

actions, including a record of the votes on any question on which a

record vote is demanded. All records, data, and files of the

select committee shall be the property of the Senate and shall be

kept in the offices of the select committee or such other places as

the committee may direct.

-SOURCE-

(Pub. L. 93-191, Sec. 6, Dec. 18, 1973, 87 Stat. 744; Pub. L.

93-255, Sec. 3(b), Mar. 27, 1974, 88 Stat. 52.)

-MISC1-

AMENDMENTS

1974 - Subsec. (a). Pub. L. 93-255 inserted reference to section

3219 of title 39.

EFFECTIVE DATE

Section effective Dec. 18, 1973, see section 14 of Pub. L.

93-191, set out as an Effective Date of 1973 Amendment note under

section 3210 of Title 39, Postal Service.

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