§ 501. — House Commission on Congressional Mailing Standards.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 2USC501]
TITLE 2--THE CONGRESS
CHAPTER 16--CONGRESSIONAL MAILING STANDARDS
Sec. 501. House Commission on Congressional Mailing Standards
(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.
(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.)
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.
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.
