Communications Outreach Media and Mail Standards Act or the COMMS Act
This bill renames the House Commission on Congressional Mailing Standards as the House Communications Standards Commission and expands the commission's authority with respect to regulating certain mass mailings of Members of the House of Representatives.
[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 7512 Introduced in House (IH)]
<DOC>
116th CONGRESS
2d Session
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 Members-
elect of the House of Representatives to all unsolicited mass
communications of Members and Members-elect of the House, and for other
purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
July 9, 2020
Mrs. Davis of California (for herself, Mr. Steil, Ms. Lofgren, Mr.
Rodney Davis of Illinois, Mr. Sherman, Ms. Haaland, Mr. Walker, and Mr.
Loudermilk) introduced the following bill; which was referred to the
Committee on House Administration, and in addition to the Committees on
Oversight and Reform, and Rules, for a period to be subsequently
determined by the Speaker, in each case for consideration of such
provisions as fall within the jurisdiction of the committee concerned
_______________________________________________________________________
A BILL
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 Members-
elect of the House of Representatives to all unsolicited mass
communications of Members and Members-elect of the House, and for other
purposes.
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 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.
<all>
Introduced in House
Introduced in House
Referred to the Committee on House Administration, and in addition to the Committees on Oversight and Reform, and Rules, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on House Administration, and in addition to the Committees on Oversight and Reform, and Rules, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on House Administration, and in addition to the Committees on Oversight and Reform, and Rules, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Mrs. Davis (CA) asked unanimous consent to discharge from committee and consider.
Committee on House Administration discharged.
Committee on House Administration discharged.
Committee on Oversight and Reform discharged.
Committee on Oversight and Reform discharged.
Llama 3.2 · runs locally in your browser
Ask anything about this bill. The AI reads the full text to answer.
Enter to send · Shift+Enter for new line
Committee on Rules discharged.
Committee on Rules discharged.
Considered by unanimous consent. (consideration: CR H4177-4178)
Passed/agreed to in House: On passage Passed without objection.
On passage Passed without objection. (text: CR H4177-4178)
Motion to reconsider laid on the table Agreed to without objection.
Received in the Senate.