[Congressional Record Volume 166, Number 135 (Thursday, July 30, 2020)]
[House]
[Pages H4177-H4178]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
COMMUNICATIONS OUTREACH MEDIA AND MAIL STANDARDS ACT
Mrs. DAVIS of California. Madam Speaker, I ask unanimous consent that
the Committee on House Administration, the Committee on Oversight and
Reform, and the Committee on Rules be discharged from further
consideration of the bill (H.R. 7512) to rename the House Commission on
Congressional Mailing Standards as the House Communications Standards
Commission, to extend the authority of the Commission to regulate mass
mailings of Members and Member-elect of the House of Representatives to
all unsolicited mass communications of Members and Members-elect of the
House, and for other purposes, and ask for its immediate consideration
in the House.
The Clerk read the title of the bill.
The SPEAKER pro tempore (Ms. Spanberger). Is there objection to the
request of the gentlewoman from California?
There was no objection.
The text of the bill is as follows:
H.R. 7512
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Communications Outreach
Media and Mail Standards Act'' or the ``COMMS Act''.
SEC. 2. RENAMING HOUSE COMMISSION ON CONGRESSIONAL MAILING
STANDARDS.
(a) In General.--Section 5(a) of the Act entitled ``An Act
to amend title 39, United States Code, to clarify the proper
use of the franking privilege by Members of Congress, and for
other purposes'', approved December 18, 1973 (2 U.S.C.
501(a)), is amended by striking ``House Commission on
Congressional Mailing Standards'' and inserting ``House
Communications Standards Commission''.
(b) Conforming Amendments.--
(1) Title 39.--Title 39, United States Code, is amended by
striking ``House Commission on Congressional Mailing
Standards'' and inserting ``House Communications Standards
Commission'' each place it appears in the following sections:
(A) Section 3210(a)(5), (a)(6)(D), (b)(3), (d)(5), and
(d)(6)(A).
(B) Section 3216(e)(1) and (e)(2).
(C) Section 3220(b).
(2) Other provisions.--Section 311 of the Legislative
Branch Appropriations Act, 1991 (2 U.S.C. 503) is amended by
striking ``House Commission on Congressional Mailing
Standards'' and inserting ``House Communications Standards
Commission'' each place it appears in subsections (a)(3),
(e)(1)(B), and (f).
(c) References in Other Documents.--Any reference in any
rule, regulation, or other document to the House Commission
on Congressional Mailing Standards shall be deemed to be a
reference to the House Communications Standards Commission.
SEC. 3. AUTHORITY OF COMMISSION OVER OFFICIAL MASS
COMMUNICATIONS.
(a) Authority To Provide Guidance Regarding Dissemination
of Mass Communications.--
(1) In general.--Section 5(d) of the Act entitled ``An Act
to amend title 39, United States Code, to clarify the proper
use of the franking privilege by Members of Congress, and for
other purposes'', approved December 18, 1973 (2 U.S.C.
501(d)), is amended--
(A) in the first sentence, by striking ``The Commission''
and inserting ``(1) The Commission''; and
(B) by adding at the end the following new paragraph:
``(2) In addition to the guidance, assistance, advice, and
counsel described in paragraph (1), the Commission shall
provide--
``(A) guidance, assistance, advice, and counsel, through
advisory opinions or consultations, in connection with any
law and with any rule or regulation of the House of
Representatives governing the dissemination of mass
communications other than franked mail; and
``(B) guidance, assistance, advice, and counsel in
connection with any law and with any rule or regulation of
the House of Representatives governing the official content
of other official communications of any quantity, whether
solicited or unsolicited.''.
(2) Authority to investigate complaints.--Section 5(e) of
such Act (2 U.S.C. 501(e)) is amended--
(A) in the first sentence, by striking ``Any complaint''
and all that follows through ``is about to occur'' and
inserting the following: ``Any complaint that a violation of
any provision of law or any rule or regulation of the House
of Representatives to which subsection (d) applies is about
to occur''; and
(B) in the sentence beginning with ``Notwithstanding any
other provision of law'', by striking ``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,'' and inserting ``a
violation of any provision of law or any rule or regulation
of the House of Representatives to which subsection (d)
applies,''.
(3) Mass communication defined.--Section 5 of such Act (2
U.S.C. 501) is amended by adding at the end the following new
subsection:
``(h) In this section, the term `mass communication' means
a mass mailing described in section 3210(a)(6)(E) of title
39, United States Code, or any other unsolicited
communication of substantially identical content which is
transmitted to 500 or more persons in a session of Congress,
as provided under regulations of the Commission, except that
such term does not include--
``(1) any communication from an individual described in
subsection (d) to another individual described in subsection
(d), a Senator, or any Federal, State, local, or Tribal
government official;
``(2) any news release to the communications media;
``(3) any such mass mailing or unsolicited communication
made in direct response to a communication from a person to
whom the mass mailing or unsolicited communication was
transmitted; or
``(4) in the case of any such unsolicited communication
which is transmitted in a digital format, a communication for
which the cost of the content is less than a threshold amount
established under regulations of the House Communications
Standards Commission.''.
(b) Authority To Review All Unsolicited Mass
Communications.--
(1) Requiring review before dissemination.--Section 311(f)
of the Legislative Branch Appropriations Act, 1991 (2 U.S.C.
503(f)) is amended--
(A) by striking ``any mass mailing'' and inserting ``any
mass communication'';
(B) by striking ``mail matter'' and inserting ``matter'';
and
(C) by striking ``such proposed mailing'' and inserting
``such proposed communication''.
(2) Exception for certain communications.--Section 311(f)
of such Act (2 U.S.C. 503(f)) is amended--
(A) by striking ``A Member'' and inserting ``(1) Except as
provided in paragraph (2), a Member''; and
(B) by adding at the end the following new paragraph:
``(2) Paragraph (1) does not apply in the case of any type
of mass communication which is designated as exempt from the
requirements of such paragraph as provided under regulations
of the House Communications Standards Commission.''.
(3) Definition.--Section 311(g) of such Act (2 U.S.C.
503(g)) is amended--
(A) by striking ``and'' at the end of paragraph (1);
(B) by striking the period at the end of paragraph (2) and
inserting ``; and''; and
(C) by adding at the end the following new paragraph:
``(3) the term `mass communication' means a mass mailing
described in section 3210(a)(6)(E) of title 39, United States
Code, or any other unsolicited communication of substantially
identical content which is transmitted to 500 or more persons
in a session of Congress, as provided under regulations of
the House Communications Standards Commission, except that
such term does not include--
``(A) any communication from a Member of the House of
Representatives to another Member of the House of
Representatives, a Senator, or any Federal, State, or local
government official;
``(B) any news release to the communications media;
``(C) any such mass mailing or unsolicited communication
made in direct response to a communication from a person to
whom the mass mailing or unsolicited communication was
transmitted; or
``(D) in the case of any such unsolicited communication
which is transmitted in a digital format, a communication for
which the cost of the content is less than a threshold amount
established under regulations of
[[Page H4178]]
the House Communications Standards Commission.''.
(c) Conforming Amendment to Rules of the House of
Representatives.--Clause 9 of rule XXIV of the Rules of the
House of Representatives is amended by inserting after ``that
session,'' the following: ``or any other unsolicited
communication of substantially identical content which is
transmitted to 500 or more persons in that session or, in the
case of a digital communication of substantially identical
content, which is disseminated at a cost exceeding a
designated amount, as provided under regulations of the House
Communications Standards Commission,''.
SEC. 4. REVISION TO MASS MAILING NOTICE ON TAXPAYER FUNDING.
Section 311(a) of the Legislative Branch Appropriations
Act, 1997 (2 U.S.C. 506(a)) is amended--
(1) by striking ``(a) Each mass mailing'' and inserting
``(a)(1) Each mass mailing'';
(2) by striking ``the following notice:'' and all that
follows through ``or a notice'' and inserting ``one of the
notices described in paragraph (2) or a notice''; and
(3) by adding at the end the following new paragraph:
``(2) The notices described in this paragraph are as
follows:
``(A) `Paid for with official funds from the office of
_____.', with the blank filled in with the name of the Member
sending the mailing.
``(B) `Paid for by the funds authorized by the House of
Representatives for District __ of _____.', with the first
blank filled in with the name of the congressional district
number, and the second blank filled in with the name of the
State, of the Member sending the mailing.
``(C) `Paid for by official funds authorized by the House
of Representatives.' ''.
SEC. 5. REVISIONS TO RESTRICTIONS ON MAIL MATTER CONSIDERED
FRANKABLE.
(a) Expressions of Congratulations.--Section 3210(a)(3)(F)
of title 39, United States Code, is amended by striking ``to
a person who has achieved some public distinction''.
(b) Biographical Information Related to Official and
Representational Duties.--Section 3210(a)(3)(I) of such title
is amended by striking ``publication or in response to a
specific request therefor'' and inserting the following:
``publication, in response to a specific request therefor, or
which relates to the Member's or Member-elect's official and
representational duties,''.
(c) Photos and Likenesses Included in Newsletters or
General Mass Mailings.--Section 3210(a)(3) of such title is
amended--
(1) by adding ``or'' at the end of subparagraph (H);
(2) in subparagraph (I), by striking ``; or'' and inserting
a period; and
(3) by striking subparagraph (J).
(d) Clarification of Ability of Members to Use Franked Mail
To Send Personal Messages to Constituents.--Section
3210(a)(4) of such title is amended by striking the period at
the end and inserting the following: ``, except that nothing
in this paragraph may be construed to prohibit the use of the
franking privilege for the transmission of matter which is
purely personal to a recipient who is a constituent of a
Member of Congress and which is related to the official
business, activities, and duties of the Member.''.
(e) Holiday Cards.--Section 3210(a)(5)(B)(iii) of such
title is amended by striking ``holiday greetings'' and
inserting ``religious holiday greetings''.
(f) Uniform Blackout Period for All Members of Congress.--
(1) Uniform period.--Section 3210(a)(6)(A) of such title is
amended--
(A) in clause (i), by striking ``(or, in the case of a
Member of the House, fewer than 90 days)''; and
(B) in clause (ii)(II), by striking ``90 days'' and
inserting ``60 days''.
(2) Effective date.--The amendments made by paragraph (1)
shall apply with respect to the regularly scheduled general
election for Federal office held in November 2020 and each
succeeding election for public office.
(g) Nonapplication of Blackout Period to Party Nominating
Conventions or Caucuses.--Section 3210(a)(6) of such title is
amended by adding at the end the following new subparagraph:
``(G) For purposes of this paragraph, the term `primary
election' does not include a convention or caucus of a
political party which has authority to nominate a
candidate.''.
(h) Information on Certain Matters.--Section 3210(a)(6)(E)
of such title is amended--
(1) by striking ``or'' at the end of clause (ii);
(2) by striking the period at the end of clause (iii) and
inserting ``; or''; and
(3) by adding at the end the following new clause:
``(iv) providing information exclusively on competitions
which are officially sanctioned by the House of
Representatives or Senate, nominations to military service
academies, official employment listings for positions in the
House of Representatives (including listings for positions in
the Wounded Warrior Program or the Gold Star Family
Fellowship Program), or natural disasters or other threats to
public health and life safety.''.
SEC. 6. EFFECTIVE DATE.
Except as provided in section 5(f)(2), this Act and the
amendments made by this Act shall apply with respect to
communications disseminated on or after the date of the
enactment of this Act.
The bill was ordered to be engrossed and read a third time, was read
the third time, and passed, and a motion to reconsider was laid on the
table.
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