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under such line item, and shall be available for expenditure or obligation, or both, in like manner and subject to the same limitations as any other moneys in such account and under such line item.

(See main edition for text of (e)]

(As amended Pub. L. 101-163, title I, § 3, Nov. 21, 1989, 103 Stat. 1044.)

AMENDMENTS

1989–Subsec. (d). Pub. L. 101-163 inserted “and all other moneys received by the Sergeant at Arms as charges or commissions for telephone services," after “by the Sergeant at Arms),”.

poses, and in the mailing, delivery, or transmitting of matters relating to official business;”.

EFFECTIVE DATE OF 1991 AMENDMENT Section 7(c) of Pub, L. 102-90 provided that: “The amendments made by subsections (a) and (b) (amend. ing this section and section 59 of this title) shall take effect October 1, 1991."

EFFECTIVE DATE OF 1990 AMENDMENT Section 4(d) of Pub. L. 101-520 provided that: “The provisions of subsections (a) and (b) Cenacting section 588-4 of this title), and the amendment made by subsection (c) (amending this section) shall take effect on October 1, 1990."

Section 8 of Pub. L. 101-520 provided that the amendment made by that section is effective in the case of any fiscal year which begins on or after October 1, 1990.

Section 9(b) of Pub. L. 101-520 provided that: “The amendment made by subsection (a) (amending this section) shall be effective in the case of expenses incurred after September 30, 1989."

Amendment by section 311(h)(2) of Pub. L. 101-520 applicable with respect to sessions of Congress beginning with the first session of the One Hundred Second Congress, see section 59e(i) of this title. DECREASE IN CERTAIN AUTHORIZED EXPENSE LIMITS

EFFECTIVE OCTOBER 1, 1993 Pub. L. 103-69, title I, § 2, Aug. 11, 1993, 107 Stat. 695, provided that: “Effective on and after October 1, 1993, the aggregate of each of the sums determined under clauses (iii) and (iv) of section 506(b)(3)A) of the Supplemental Appropriations Act, 1973 (2 U.S.C. 58(b)(3)(A)(iii) and (iv)), shall be deemed decreased by 2.5 percent." PAYMENT TO UNITED STATES POSTAL SERVICE FOR

POSTAGE, FEES, AND CHARGES Section 5(b) of Pub. L. 101-163 provided that: “Receipts paid to the Sergeant at Arms from sales of postage on, and fees and charges in connection with mail matter sent through the mail by Senators, Senate committees, or other Senate offices (including joint committees and commissions funded from the contingent fund of the Senate), other than under the franking privilege, as cash or check payments directly from such Senators, committees, or offices, or as reimbursement from the Financial Clerk of the Senate pursuant to certification by the Sergeant at Arms of charges to be made to such funds available to such Senators, committees, or offices for such postage, fees and charges shall be used by the Sergeant at Arms for pay. ment to the United States Postal Service for such postage, fees, and charges."

8 58a-4. Metered charges on copiers; “Sergeant at

Arms" and "user" defined; certification of services and equipment as official; deposit of pay.

ments; availability for expenditure (a) As used in this section, the term

(1) "Sergeant at Arms” means the Sergeant at Arms and Doorkeeper of the United States Senate; and

(2) "user" means any Senator, Officer of the Senate, Committee, office, or entity provided copiers by the Sergeant at Arms.

(b)(1) Subject to such regulations as may on and after November 5, 1990, be issued by the Committee on Rules and Administration of the Senate, the Sergeant at Arms shall have the authority, with respect to metered charges on copying equipment provided by the Sergeant at Arms, solely for the purposes of this section, to make such certification as may be necessary to establish such services and equipment as official, issue invoices in conjunction therewith, and receive payment for such services and equipment by certification, voucher, or otherwise.

(2) All moneys, derived from the payment of metered charges on copying equipment provided from funds from the Appropriation Account within the contingent fund of the Senate for “Contingent Expenses, Sergeant at Arms and Doorkeeper of the Senate" under the line item for the Service Department, shall be deposited in and made a part of such Appropriation ACcount and under such line item, and shall be available for expenditure or obligation, or both, in like manner and subject to the same limitations as any other moneys in such account and under such line item. (Pub. L. 101-520, title I, § 4(a), (b), Nov. 5, 1990, 104 Stat. 2257.)

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8 58a-2. Certification of telecommunications equip

ment and services as official

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[See main edition for text of (a) to (c)] (d) Disposition of moneys received

All moneys, derived from payments for telephone equipment and services provided from funds from the Appropriation Account within the contingent fund of the Senate for “Contingent Expenses, Sergeant at Arms and Doorkeeper of the Senate" under the line item for Telecommunications (including receipts from carriers and others for loss or damage to such services or equipment for which repair or replacement has been provided by the Sergeant at Arms), and all other moneys received by the Sergeant at Arms as charges or commissions for telephone services, shall be deposited in and made a part of such Appropriation Account and

REFERENCES IN TEXT This section, referred to in text, means section 4 of Pub. L. 101-520, which enacted this section, amended section 58 of this title, and enacted provisions set out as a note under section 58 of this title.

CODIFICATION Section is from the Congressional Operations Appropriations Act, 1991, which is title I of the Legislative Branch Appropriations Act, 1991.

EFFECTIVE DATE

ture, equipment, and furnishings) that may be Section effective Oct. 1, 1990, see section 4(d) of Pub. paid to a Senator under paragraph (1) shall not L. 101-520, set out as an Effective Date of 1990 at any time exceed an amount determined by Amendment note under section 58 of this title.

multiplying (A) the highest applicable rate per

square foot charged Federal agencies by the 8 58c-1. Transfer of funds by Members of Senate

Administrator of General Services in the State from Senate Official Mail Costs Account to Sena- which that Senator represents, based upon a tor's Official Personnel and Office Expense Ac

100 percent building quality rating, by (B) the count; writing respecting transfer to Financial

maximum aggregate square feet of office space Clerk of Senate; available amount and uses

to which that Senator is entitled under subsecEach Member of the Senate may, subject to

tion (b) of this section reduced by the number the approval of the Committee on Rules and

of square feet contained in offices secured for Administration of the Senate, during the fiscal

that Senator under subsection (a) of this secyear ending September 30, 1991, and each fiscal

tion and used by that Senator and his employ. year thereafter, at his or her election, transfer

ees to perform their duties. a sum not to exceed $100,000 of the amount al.

(3) No payment shall be made under paralocated to such Member by the Senate Commit

graph (1) for rental payments and operating tee on Rules and Administration from the

costs of a mobile office of a Senator unless the Senate Official Mail Costs account, within the

following provisions are included in its lease: contingent fund of the Senate, to the Senator's

(A) Liability insurance in the amount of Official Personnel and Office Expense Account,

$1,000,000 shall be provided with respect to within the contingent fund of the Senate. Any

the operation and use of such mobile office. transfer of funds under authority of the pre

(B) Either of the following inscriptions ceding sentence shall be made at such time or

shall be clearly visible on three sides of such times as such Member shall specify in writing

mobile office in letters not less than three to the Financial Clerk of the Senate. Any funds

inches high: so transferred by the Member shall be available

"UNITED STATES GOVERNMENT for the expenditure by such Member in a like

VEHICLE manner and for the same purposes as are other moneys which are available for expenditure by such Member from the Senators' Official Per

"FOR OFFICIAL USE ONLY"; sonnel and Office Expense Account.

OR (Pub. L. 101-520, title I, § 12, Nov. 5, 1990, 104 Stat. 2260; Pub. L. 102-392, title III, § 313, Oct.

"MOBILE OFFICE OF SENATOR 6, 1992, 106 Stat. 1723; Pub. L. 103-69, title I, $ 3, Aug. 11, 1993, 107 Stat. 695.)

FOR OFFICIAL USE ONLY”. CODIFICATION

(4) No payment shall be made under paraSection is from the Congressional Operations Appro- graph (1) for rental payments and operating priations Act, 1991, which is title I of the Legislative costs of a mobile office of a Senator which are Branch Appropriations Act, 1991.

attributable to or incurred during the 60-day AMENDMENTS

period ending with the date of any primary or

general election (whether regular, special, or 1993-Pub. L. 103-69 struck out “the Committee on Appropriations of the Senate and” after “subject to

runoff) in which that Senator is a candidate for the approval of".

public office, unless his candidacy in such elec1992–Pub. L. 102-392 substituted "$100,000 of the

tion is uncontested. amount allocated to such Member" for "the lesser of (5) Payment under paragraph (1) shall be $100,000 or 50 percent of the amount allocated to such made on a monthly basis and shall be paid Member for mass mail".

upon vouchers approved by the Sergeant at

Arms of the Senate. 8 59. Home State office space for Senators; lease of

(g) Effective date

This section is effective on and after July 1, (See main edition for text of (a) to (d)]

1974. (e) Omitted

(Pub. L. 93-371, $ 3, Aug. 13, 1974, 88 Stat. 428;

Pub. L. 94-32, title I, § 4, June 12, 1975, 89 Stat. (0) Mobile office

183; Pub. L. 94-59, title I, §§ 106(a), 107, July 25, (1) Subject to the provisions of paragraphs 1975, 89 Stat. 276; Pub. L. 95-26, title I, $ 105, (2), (3), (4), and (5), a Senator may lease one May 4, 1977, 91 Stat. 83; Pub. L. 95-94, title I, mobile office for use only in the State he repre- f 112(d), Aug. 5, 1977, 91 Stat. 664; Pub. L. sents and the contingent fund of the Senate is 96-304, title I, § 109, July 8, 1980, 94 Stat. 890; available for the rental payments (including by Pub. L. 99-88, title I, $ 194, Aug. 15, 1985, 99 way of reimbursement) made under such lease Stat. 349; Pub. L. 102-27, title II, Apr. 10, 1991, together with the actual nonpersonnel cost of 105 Stat. 144; Pub. L. 102-90, title I, § 7(b), Aug. operating such mobile office. The term of any

14, 1991, 105 Stat. 451.) such lease shall not exceed one year. A copy of

CODIFICATION each such lease shall be furnished to the Sergeant at Arms of the Senate.

Section is comprised of section 3 of Pub. L. 93-371. (2) The maximum aggregate annual rental Subsec. (e) of section 3 of Pub. L. 93-371 amended sec

tion 58 of this title. payments and operating costs (except furni

office space

AMENDMENTS 1991–Subsec. (f)(1). Pub. L. 102-90, $ 7(b)(1), substituted “the contingent fund of the Senate is available for the rental payments (including by way of reimbursement)” for “shall be reimbursed from the contingent fund of the Senate for the rental payments".

Subsec. (f)(2). Pub. L. 102-90, $ 7(b)(2), substituted "paid" for "reimbursed".

Subsec. (f)(3). Pub. L. 102-90, $ 7(b)(3), substituted “payment" for "reimbursement".

Subsec. (f)(3)(B). Pub. L. 102-27 added subpar. (B) and struck out former subpar. (B) which read as follows: "The following inscription shall be clearly visible on three sides of such mobile office in letters not less than four inches high:

'Mobile Office of Senator (name of Senator) "'FOR OFFICIAL OFFICE USE ONLY'.Subsec. (f)(4). Pub. L. 102-90, $ 7(b)(4), substituted “payment” for “reimbursement".

Subsec. (f)(5). Pub. L. 102-90, $ 7(b)(5), substituted Payment” for "Reimbursement".

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Congress (with no transfer to any other session, other than transfers from the first session of a Congress to the second session of that Congress, or to any other such person); and

(3) with respect to the House of Representatives, that in addition to any other report or information made available to the public (through the House Commission on Congressional Mailing Standards or otherwise) regarding the use of the frank, the Clerk of the House of Representatives shall include in the quarterly report of receipts and expenditures submitted to the House of Representatives a statement (based solely on data provided for that purpose by the Committee on House Administration of the House of Representatives and the House Commission on Congressional Mailing Standards) of costs charged against the Official Mail Allowance for each person

entitled to use the congressional frank. (b) Postmaster General functions

The Postmaster General, in consultation with the Committee on Rules and Administration of the Senate and the Committee on House Administration of the House of Representatives

(1) shall monitor use of official mail by each person entitled to use the congressional frank;

(2) at least monthly, shall notify any person with an allocation under subsection (a)(2) of this section as to the percentage of the allocation that has been used; and

(3) may not carry or deliver official mail the cost of which is in excess of an allocation under subsection (a)(2) of this section.

EFFECTIVE DATE OF 1991 AMENDMENT Amendment by Pub. L. 102-90 effective Oct. 1, 1991, see section 7(c) of Pub. L. 102-90, set out as a note under section 58 of this title.

1

8 59a. Repealed. Pub. L. 101-163, title I, 8 103(b), Nov.

21, 1989, 103 Stat. 1050

Section, Pub. L. 93-462, § 1, Oct. 20, 1974, 88 Stat. 1388, related to purchase of office equipment or furnishings by House Members.

EFFECTIVE DATE OF REPEAL Repeal effective Oct. 1, 1989, see section 103(C) of Pub. L. 101-163, set out as an Effective Date of 1989 Amendment note under section 117e of this title.

8 59d. Transportation of official records and papers

to House Member's district

TRANSFER OF FUNCTIONS Cer functions of Clerk of House of Representatives transferred to Director of Non-legislative and Financial Services by section 7 of House Resolution No. 423, One Hundred Second Congress, Apr. 9, 1992. 8 59e. Official mail of persons entitled to use congres

sional frank (a) Congressional committee regulations for expendi

ture of appropriations for official mail Except as otherwise provided in this section, funds appropriated by this Act or any other Act for expenses of official mail of any person entitled to use the congressional frank may be expended only in accordance with regulations prescribed by the Committee on Rules and Administration of the Senate or the Committee on House Administration of the House of Representatives, as applicable. Such regulations shall require

(1) individual accountability for use of official mail by each person entitled to use the congressional frank;

(2)(A) with respect to the House of Representatives, allocation of funds for official mail to be made to each such person with respect to each session of Congress (with no transfer to any other session or to any other such person); and

(B) with respect to the Senate, allocation of funds for official mail to be made to each such person with respect to each session of

(c) Source of funds for expenses of official mail

Expenses of official mail of the Senate and the House of Representatives may be paid only from funds specifically appropriated for that purpose and funds so appropriated

(1) may be supplemented by other appropriated funds only if such supplementation is provided for by law or by regulation under subsection (a) of this section; and

(2) may not be supplemented by funds from any other source, public or private. (d) Maintenance or use of unofficial office accounts

or defrayal of official expenses from certain

funds prohibited No Senator or Member of the House of Representatives may maintain or use, directly or indirectly, an unofficial office account or defray official expenses from

(1) funds received from a political committee or derived from a contribution or expenditure (as such terms are defined in section 431 of this title);

(2) funds received as reimbursement for expenses incurred by the Senator or Member in connection with personal services provided by the Senator or Member to the person making the reimbursement; or

(3) any other funds that are not specifically appropriated for official expenses.

(e) Official Mail Allowance in House of Representa- volved to the House Commission c tives

sional Mailing Standards for an ad (1) There is established in the House of Rep

ion as to whether such proposed m resentatives an Official Mail Allowance for

compliance with applicable provisio Members, officers, and employees of the House

rule, or regulation. of Representatives who are persons entitled to (g) “Member of the House of Represen use the congressional frank. Regulations for

“person entitled to use the congress use of the Official Mail Allowance shall be pre- defined scribed

As used in subsections (a) through (A) by the Committee on House Administra

sectiontion of the House of Representatives, with re

(1) the term “Member of the Hor spect to allocation and expenditures relating

resentatives” means a Representatto the Allowance; and (B) by the House Commission on Congres

Delegate or Resident Commissior sional Mailing Standards, with respect to

Congress; and

(2) the term “person entitled to u matters under section 3210(a)(6)(D) of title

gressional frank" means a Senato 39.

of the House of Representatives (2) The Official Mail Allowance

person authorized to use the frank (A) shall be available only for postage for tion 3210(b) of title 39. franked mail sent at a first class, third class,

(h) Omitted or fourth class rate; (B) with respect to a Member of the House

(i) Effective date of Representatives, shall be available, in a session of Congress, in a total amount, as deter

This section and the amendments mined under paragraph (1)(A), of not more

this section shall apply with respect than the product of (i) 3 times the single

of Congress beginning with the first piece rate applicable to first class mail, and

the One Hundred Second Congres (ii) the number (as determined by the Post- that, with respect to the Senate, subs master General) of addresses (other than

of this section shall apply beginning business possible delivery stops) in the con

1992, and the funds referred to in para gressional district, as such addresses are de

of such subsection shall not include scribed in section 3210(d)(7)(B) of title 39;

funds of a Senator or Member of the (C) with respect to any other person enti- Representatives. tled to use the congressional frank in the (Pub. L. 101-520, title III, § 311, NOE House of Representatives (including any 104 Stat. 2278; Pub. L. 102-229, title Member of the House of Representatives who

Dec. 12, 1991, 105 Stat. 1718.) receives an allocation under subsection (a)(2) of this section with respect to duties as an

REFERENCES IN TEXT elected officer of, or holder of another posi

The amendments made by this section, tion in, the House of Representatives), shall in subsec. (i), means the amendments made be available, in a session of Congress, in a 311(h) of Pub. L. 101-520, which amended se total amount determined under paragraph this title and sections 3210 and 3216 of Title (1)(A); and

Service, and amended provisions set out as n (D) shall not be available for payment of

sections 3210 and 3216 of Title 39. any nonpostage fee or charge, including any

CODIFICATION fee or charge for express mail, express mail drop shipment, certified mail, registered mail,

Section is from the Legislative Branch

tions Act, 1991. return receipt, address correction, or postal

Subsec. (h) of this section made the an insurance.

specified in the References in Text note abo (3)(A) Subject to subparagraph (B), each

AMENDMENTS Member of the House of Representatives may transfer amounts from the Official Expenses 1991-Subsec. (i). Pub. L. 102-229 substitut Allowance and the Clerk Hire Allowance of the

ning on May 1, 1992," for “with respect to s Member to the Official Mail Allowance of the

Congress beginning with the second session

Hundred Second Congress,". Member. (B) The total amount a Member may SO

TRANSFER OF FUNCTIONS transfer with respect to a session of Congress

Certain functions of Clerk of House of R may not exceed $25,000.

tives transferred to Director of Non-legislati(4) The Official Expenses Allowance shall be

nancial Services by section 7 of House Reso available to a Member of the House of Repre

423, One Hundred Second Congress, Apr. 9, 1 sentatives for the payment of nonpostage fees and charges referred to in paragraph (2)(D) 8 59f. Mass mailings by Senate offices; and for postage for mail for official business statements; publication of summary tab sent outside the United States.

Two weeks after the close of each (f) Mass mailing; submission of samples or descrip

quarter, or as soon as practicable th tion of proposed mail matter; advisory opinion the Sergeant at Arms and Doorkeeper A Member of the House of Representatives Senate shall send to each Senate office shall, before making any mass mailing, submit ment of the cost of postage and paper a sample or description of the mail matter in- the other operating expenses incurre

TITLE 2-THE CONGRESS

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8 59g

Sec.

(b) Consideration of allegations. result of mass mailings processed for such

(c) Rights of employees. Senate office during such quarter. The state

(d) Limitations. ment shall separately identify the cost of post

(e) Applicable remedies. age and paper and other costs, and shall distin

(f) Exercise of rulemaking power. guish the costs attributable to newsletters and

(g) Severability. all other mass mailings. The statement shall

(h) Definitions. also include the total cost per capita in the

60n.

Leave for certain House employees. State. A compilation of all such statements

(a) In general. shall be sent to the Senate Committee on Rules

(b) Administration. and Administration. A summary tabulation of

(c) "Fair Employment Practices Resolusuch information shall be published quarterly

tion" defined. in the Congressional Record and included in

61-1c. Aggregate gross compensation of employee the semiannual report of the Secretary of the

of Senator of State with population under Senate. Such summary tabulation shall set

5,000,000. forth for each Senate office the following infor- 61d-1. Compensation of employees of Chaplain of

Senate. mation: the Senate office's name, the total

618-6a. Salaries for Conference of Majority and Connumber of pieces of mass mail mailed during

ference of Minority of Senate; transfer of the quarter, the total cost of such mail, and, in

funds from appropriation account. the case of Senators, the cost of such mail di

61h-7. Chiefs of Staff for Senate Majority and Mivided by the total population of the State from

nority Leaders; appointment; compensawhich the Senator was elected, and the total

tion. number of pieces of mass mail divided by the

68-6a. Transfers from appropriations account for total population of the State from which the

expenses of Office of Sergeant at Arms and Senator was elected.

Doorkeeper of Senate.

68-7. Senate Office of Public Records Revolving (Pub. L. 101-520, title III, § 318, Nov. 5, 1990,

Fund. 104 Stat. 2283.)

(a) Establishment. CODIFICATION

(b) Source of moneys for deposit in

Fund; availability of moneys in Section is from the Legislative Branch Appropria

Frnd. tions Act, 1991.

(c) Vouchers.

(d) Regulations. 8 59g. Mass mailing of information by Senators under

(e) Transfer of moneys into Fund. frank; quarterly registration with Secretary of 68-8. Vouchering Senate office charges. Senate

(a) Senate support office charges.

(b) Payment charged to official funds. In fiscal year 1991 and thereafter, when a

(C) Certification. Senator disseminates information under the

(d) Regulations. frank by a mass mailing (as defined in section 72a-1g. Referral of ethics violations by Senate 3210(a)(6)(E) of title 39), the Senator shall reg

Ethics Committee to General Accounting ister quarterly with the Secretary of the Senate

Office for investigation. such mass mailings. Such registration shall be

74c. Compensation of certain House minority emmade by filing with the Secretary a copy of the

ployees. matter mailed and providing, on a form sup

95b. Transfers of amounts appropriated for

House. plied by the Secretary, a description of the

(a) Transfers among categories of allowgroup or groups of persons to whom the mass

ances and expenses. mailing was mailed and the number of pieces

(b) Transfers among offices and activimailed.

ties. (Pub. L. 101-520, title III, $ 320, Nov. 5, 1990,

(c) Transfers among various appropria104 Stat. 2285.)

tions headings.

96a. Transfer of responsibility for legislative servCODIFICATION

ice organization financial activity to Clerk

House. Section is from the Legislative Branch Appropria- 117g. Monies received by Attending Physician tions Act, 1991.

from sale of prescription drugs or other

services; deposit of receipts. CHAPTER 4-OFFICERS AND EMPLOYEES OF 117h. Deposit of fees for services by Office of AtSENATE AND HOUSE OF REPRESENTATIVES

tending Physician; availability of amounts

deposited. Sec.

117i. Revolving fund for House gymnasium; depos60-2. Amendment to Senate conflict of interest

it of receipts; availability for expenditure. rule.

121c. Office of Senate Health Promotion. 60a-1b. Senate pay adjustments; action by President

(a) Establishment. pro tempore of Senate.

(b) Fees, assessments, and charges. 60k. Application of rights and protections of Fair

(c) Senate Health Promotion Revolving Labor Standards Act of 1938 to Congres

Fund. sional and Architect of Capitol employees.

(d) Vouchers. (a) House employees.

(e) Inapplicability of provisions prohibit(b) Architect of Capitol employees.

ing sales, advertisements, or solici601. Coverage of House and agencies of legislative

tations in Capitol grounds. branch.

(f) Regulations. (a) Coverage of House.

121d. Senate Gift Shop. (b) Instrumentalities of Congress.

(a) Establishment. 60m. Leave for certain Senate employees.

(b) Deposit of receipts. (a) Coverage.

(c) Revolving fund.

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