§ 502. — Select Committee on Standards and Conduct of the Senate.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 2USC502]
TITLE 2--THE CONGRESS
CHAPTER 16--CONGRESSIONAL MAILING STANDARDS
Sec. 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
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.
(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.)
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.
