"(b) (1) The Vice President, each Member of or Member-elect to Congress, the Secretary of the Senate, the Sergeant at Arms of the 87 STAT. 739 Senate, and each of the elected officers of the House of Representatives 87 STAT. 740 (other than a Member of the House), until the 1st day of April following the expiration of their respective terms of office, and the Legislative Counsels of the House of Representatives and the Senate, may send, as franked mail, matter relating to their official business, activities, and duties, as intended by Congress to be mailable as franked mail under subsection (a) (2) and (3) of this section. "(2) If a vacancy occurs in the Office of the Secretary of the Senate, Vacancies. the Sergeant at Arms of the Senate, an elected officer of the House of Representatives (other than a Member of the House), or the Legislative Counsel of the House of Representatives or the Senate, any authorized person may exercise the franking privilege in the officer's name during the period of the vacancy. "(c) Franked mail may be in any form appropriate for mail matter, including, but not limited to, correspondence, newsletters, questionnaires, recordings, facsimiles, reprints, and reproductions. Franked mail shall not include matter which is intended by Congress to be nonmailable as franked mail under subsection (a) (4) and (5) of this section. "(d) (1) A Member of the House may mail franked mail with a simplified form of address for delivery— "(A) within that area constituting the congressional district from which he was elected; and "(B) on and after the date on which the proposed redistricting of congressional districts in his State by legislative or judicial proceedings is initially completed (whether or not the redistricting is actually in effect), within any additional area of each congressional district proposed or established in such redistricting and containing all or part of the area constituting the congressional district from which he was elected, unless and until the congressional district so proposed or established is changed by legislative or judicial proceedings. "(2) A Member-elect to the House of Representatives may mail franked mail with a simplified form of address for delivery within that area constituting the congressional district from which he was elected. "(3) A Delegate, Delegate-elect, Resident Commissioner, or Resident Commissioner-elect to the House of Representatives may mail franked mail with a simplified form of address for delivery within the area from which he was elected. "(4) Franked mail mailed with a simplified form of address under this subsection "(A) shall be prepared as directed by the Postal Service; and "(i) each box holder or family on a rural or star route; "(iii) each stop or box on a city carrier route. 87 STAT. 740 37 STAT. 741 "(5) For the purposes of this subsection, a congressional district Congressional includes, in the case of a Representative at Large or Representative at Large-elect, the State from which he was elected. "(e) The frankability of mail matter shall be determined under the provisions of this section by the type and content of the mail sent, or to be sent. Notwithstanding any other provision of law, the cost of preparing or printing mail matter which is frankable under this section may be paid from any funds, including, but not limited to, funds collected by a candidate or a political committee required to file reports of receipts and expenditures under the Federal Election Campaign Act district. of 1971 (Public Law 92-225), or from voluntary newsletter funds, or 86 Stat. 3. from similar funds administered and controlled by a Member or by a 2 USC 431 note. committee organized to administer such funds. "(f) Notwithstanding any other provision of Federal, State, or local law, or any regulation thereunder, the equivalent amount of postage determined under section 3216 of this title on franked mail 84 Stat. 754; mailed under the frank of the Vice President or a Member of Congress, 85 Stat. 132. and the cost of preparing or printing such frankable matter for such mailing under the frank, shall not be considered as a contribution to, 84 Stat. 754. Ante, P. 737. 87 STAT. 742 94 Stat. 754. House Commission Mailing Stand ards. Establishment; membership. or an expenditure by, the Vice President or a Member of Congress for the purpose of determining any limitation on expenditures or contributions with respect to any such official, imposed by any Federal, State, or local law or regulation, in connection with any campaign of such official for election to any Federal office.". (b) The table of sections of chapter 32 of title 39. United States Code, is amended by striking out 3210. Official correspondence of Vice President and Members of Congress." "3210. Franked mail transmitted by the Vice President, Members of Congress, SEC. 2. Section 3211 of title 39, United States Code, is amended by striking out "the Clerk of the House of Representatives, and the Sergeant at Arms of the House of Representatives, until the thirtieth day of June" and inserting in lieu thereof "each of the elected officers of the House of Representatives (other than a Member of the House) until the first day of April". SEC. 3. Section 3212 of title 39, United States Code, is amended to read as follows: "§ 3212. Congressional Record under frank of Members of Congress "(a) Members of Congress may send the Congressional Record as franked mail. "(b) Members of Congress may send, as franked mail, any part of, or a reprint of any part of, the Congressional Record, including speeches or reports contained therein, if such matter is mailable as franked mail under section 3210 of this title.". SEC. 4. (a) Section 3214 of title 39, United States Code, is amended to read as follows: "S 3214. Mailing privilege of former President; surviving spouse of former President "A former President and the surviving spouse of a former President may send nonpolitical mail within the United States and its territories and possessions as franked mail. Such mail of a former President and of the surviving spouse of a former President marked 'Postage and Fees Paid' in the manner prescribed by the Postal Service shall be accepted by the Postal Service for transmission in the international mails.". (b) The table of sections of chapter 32 of title 39, United States Code, is amended by striking out "3214. Mailing privilege of former Presidents." and inserting in lieu thereof "3214. Mailing privilege of former President; surviving spouse of former President.". SEC. 5. (a) There is established a special commission of the House on Congressional of Representatives, designated the "House Commission on Congressional Mailing Standards" (herein referred to as the "Commission"). (b) 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. Quorum. (c) 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) 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), or 3218, and in connection with the operation of section 3215, of title 39, United States Code, upon the request 84 Stat. 754; of any Member of the House or Member-elect, Resident Commissioner 85 Stat. 132. or Resident Commissioner-elect, Delegate or Delegate-elect, surviving spouse of any of the foregoing, or other 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) Any complaint by any person that a violation of any section of Violations. title 39, United States Code, referred to in subsection (d) 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 (d), shall contain pertinent factual material and shall conform to regula-87 STAT. 743 tions prescribed by the Commission. The Commission, if it determines Investigation. 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 Notification. 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. 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, United States Code. 80 Stat. 381; These regulations shall govern matters under this subsection subject to 81 Stat. 54; judicial review thereof. (f) 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 85 Stat. 132. Recordkeeping. 87 STAT. 744 84 Stat. 754; 85 Stat. 132. Investigation. Notification. 80 Stat. 381; 81 Stat. 54; 85 Stat. 132. Recordkeeping. 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) 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. SEC. 6. (a) 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) or 3218, and in connection with the operation of section 3215, of title 39, United States Code, 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) Any complaint filed by any person with the select committee that a violation of any section of title 39, United States Code, 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) 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) 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 551559 and 701-706, of title 5, United States Code. These regulations shall govern matters under this subsection subject to judicial review thereof. (e) 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. 87 STAT. 745 SEC. 7. Section 3216 of title 39, United States Code, is amended to 84 Stat. 754; read as follows: "83216. Reimbursement for franked mailings "(a) The equivalent of "(1) postage on, and fees and charges in connection with, mail matter sent through the mails 85 Stat. 132. "(A) under the franking privilege (other than under section 3219 of this title), by the Vice President, Members of Post, p. 746. and Members-elect to Congress, the Secretary of the Senate, the Sergeant at Arms of the Senate, each of the elected officers of the House of Representatives (other than a Member of the House), and the Legislative Counsels of the House of Representatives and the Senate; and (B) by the surviving spouse of a Member of Congress under section 3218 of this title; and "(2) those portions of fees and charges to be paid for handling and delivery by the Postal Service of Mailgrams considered as franked mail under section 3219 of this title; 84 Stat. 755. shall be paid by a lump-sum appropriation to the legislative branch for that purpose and then paid to the Postal Service as postal revenue. Except as to Mailgrams and except as provided by sections 733 and Exceptions. 907 of title 44, envelopes, wrappers, cards, or labels used to transmit 82 Stat. 1253, franked mail shall bear, in the upper right-hand corner, the sender's 1259. signature, or a facsimile thereof, and the printed words 'Postage paid by Congress'. "(b) Postage on, and fees and charges in connection with, mail matter sent through the mails under section 3214 of this title shall be Ante, p. 742. paid each fiscal year, out of any appropriation made for that purpose, to the Postal Service as postal revenue in an amount equivalent to the postage, fees, and charges which would otherwise be payable on, or in connection with, such mail matter. "(c) Payment under subsection (a) or (b) of this section shall be deemed payment for all matter mailed under the frank and for all fees and charges due the Postal Service in connection therewith. "(d) Money collected for matter improperly mailed under the franking privilege shall be deposited as miscellaneous receipts in the general fund of the Treasury.". SEC. 8. (a) Section 733 of title 44, United States Code, is amended by striking out "Free." and inserting in lieu thereof "Postage paid by Congress.". (b) Section 907 of title 44, United States Code, is amended as follows: (1) the second sentence is amended by inserting immediately before the period at the end thereof a comma and the following: "if such part, speeches, or reports are mailable as franked mail under section 3210 of title 39"; and (2) the third sentence is amended by striking out "Free" and inserting in lieu thereof "Postage paid by Congress". Ante, p. 737. SEC. 9. Section 3206 of title 39, United States Code, is amended 84 Stat. 753. by adding at the end thereof the following new subsection: funds. "(d) The Department of State shall transfer to the Postal Service Transfer of as postal revenues out of any appropriations made to it for that purpose the equivalent amount of postage, as determined by the Postal Service, for penalty mailings under clause (1) (C) and (D) of section 3202(a) 87 STAT. 746 of this title.". 84 Stat. 751. SEC. 10. The last sentence of section 3215 of title 39, United States Code, is amended to read as follows: "This section does not apply to 84 Stat. 754. any standing, select, special, or joint committee, or subcommittee thereof, or commission, of the Senate, House of Representatives, or Congress, composed of Members of Congress, or to the Democratic |