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§ 59a

AMENDMENTS

TITLE 2-THE CONGRESS

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".

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.

§ 59a. Repealed. Pub. L. 101-163, title I, § 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.

§ 59d. Transportation of official records and papers to House Member's district

TRANSFER OF FUNCTIONS

Certain 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.

§ 59e. Official mail of persons entitled to use congressional frank

(a) Congressional committee regulations for expenditure 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

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.

(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 Representatives

(1) There is established in the House of Representatives an Official Mail Allowance for Members, officers, and employees of the House of Representatives who are persons entitled to use the congressional frank. Regulations for use of the Official Mail Allowance shall be prescribed

(A) by the Committee on House Administration of the House of Representatives, with respect to allocation and expenditures relating to the Allowance; and

(B) by the House Commission on Congressional Mailing Standards, with respect to matters under section 3210(a)(6)(D) of title

39.

(2) The Official Mail Allowance

(A) shall be available only for postage for franked mail sent at a first class, third class, or fourth class rate;

(B) with respect to a Member of the House of Representatives, shall be available, in a session of Congress, in a total amount, as determined under paragraph (1)(A), of not more than the product of (i) 3 times the singlepiece rate applicable to first class mail, and (ii) the number (as determined by the Postmaster General) of addresses (other than business possible delivery stops) in the congressional district, as such addresses are described in section 3210(d)(7)(B) of title 39;

(C) with respect to any other person entitled to use the congressional frank in the House of Representatives (including any Member of the House of Representatives who receives an allocation under subsection (a)(2) of this section with respect to duties as an elected officer of, or holder of another position in, the House of Representatives), shall be available, in a session of Congress, in a total amount determined under paragraph (1)(A); and

(D) shall not be available for payment of any nonpostage fee or charge, including any fee or charge for express mail, express mail drop shipment, certified mail, registered mail, return receipt, address correction, or postal insurance.

(3)(A) Subject to subparagraph (B), each Member of the House of Representatives may transfer amounts from the Official Expenses Allowance and the Clerk Hire Allowance of the Member to the Official Mail Allowance of the Member.

(B) The total amount a Member may so transfer with respect to a session of Congress may not exceed $25,000.

(4) The Official Expenses Allowance shall be available to a Member of the House of Representatives for the payment of nonpostage fees and charges referred to in paragraph (2)(D) and for postage for mail for official business sent outside the United States.

(f) Mass mailing; submission of samples or description of proposed mail matter; advisory opinion A Member of the House of Representatives shall, before making any mass mailing, submit a sample or description of the mail matter in

volved to the House Commission on Congressional Mailing Standards for an advisory opinion as to whether such proposed mailing is in compliance with applicable provisions of law, rule, or regulation.

(g) "Member of the House of Representatives" and "person entitled to use the congressional frank" defined

As used in subsections (a) through (f) of this section

(1) the term "Member of the House of Representatives" means a Representative in, or a Delegate or Resident Commissioner to, the Congress; and

(2) the term "person entitled to use the congressional frank" means a Senator, Member of the House of Representatives, or other person authorized to use the frank under section 3210(b) of title 39.

(h) Omitted

(i) Effective date

This section and the amendments made by this section shall apply with respect to sessions of Congress beginning with the first session of the One Hundred Second Congress, except that, with respect to the Senate, subsection (d) of this section shall apply beginning on May 1, 1992, and the funds referred to in paragraph (3) of such subsection shall not include personal funds of a Senator or Member of the House of Representatives.

(Pub. L. 101-520, title III, § 311, Nov. 5, 1990, 104 Stat. 2278; Pub. L. 102-229, title II, § 211, Dec. 12, 1991, 105 Stat. 1718.)

REFERENCES IN TEXT

The amendments made by this section, referred to in subsec. (i), means the amendments made by section 311(h) of Pub. L. 101-520, which amended section 58 of this title and sections 3210 and 3216 of Title 39, Postal Service, and amended provisions set out as notes under sections 3210 and 3216 of Title 39.

CODIFICATION

Section is from the Legislative Branch Appropriations Act, 1991.

Subsec. (h) of this section made the amendments specified in the References in Text note above.

AMENDMENTS

1991-Subsec. (i). Pub. L. 102-229 substituted “beginning on May 1, 1992," for "with respect to sessions of Congress beginning with the second session of the One Hundred Second Congress,".

TRANSFER OF FUNCTIONS

Certain 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.

§ 59f. Mass mailings by Senate offices; quarterly statements; publication of summary tabulations Two weeks after the close of each calendar quarter, or as soon as practicable thereafter, the Sergeant at Arms and Doorkeeper of the Senate shall send to each Senate office a statement of the cost of postage and paper and of the other operating expenses incurred as a

§ 59g

TITLE 2-THE CONGRESS

result of mass mailings processed for such Senate office during such quarter. The statement shall separately identify the cost of postage and paper and other costs, and shall distinguish the costs attributable to newsletters and all other mass mailings. The statement shall also include the total cost per capita in the State. A compilation of all such statements shall be sent to the Senate Committee on Rules and Administration. A summary tabulation of such information shall be published quarterly in the Congressional Record and included in the semiannual report of the Secretary of the Senate. Such summary tabulation shall set forth for each Senate office the following information: the Senate office's name, the total number of pieces of mass mail mailed during the quarter, the total cost of such mail, and, in the case of Senators, the cost of such mail divided by the total population of the State from which the Senator was elected, and the total number of pieces of mass mail divided by the total population of the State from which the Senator was elected.

Sec.

60n.

61-1c.

61d-1.

61g-6a.

61h-7.

68-6a.

68-7.

(Pub. L. 101-520, title III, § 318, Nov. 5, 1990, 104 Stat. 2283.)

CODIFICATION

Section is from the Legislative Branch Appropriations Act, 1991.

§ 59g. Mass mailing of information by Senators under frank; quarterly registration with Secretary of Senate

In fiscal year 1991 and thereafter, when a Senator disseminates information under the frank by a mass mailing (as defined in section 3210(a)(6)(E) of title 39), the Senator shall register quarterly with the Secretary of the Senate such mass mailings. Such registration shall be made by filing with the Secretary a copy of the matter mailed and providing, on a form supplied by the Secretary, a description of the group or groups of persons to whom the mass mailing was mailed and the number of pieces mailed.

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Compensation of certain House minority employees. Transfers of

House.

amounts

appropriated for

(a) Transfers among categories of allow

ances and expenses.

(b) Transfers among offices and activi

ties.

(c) Transfers among various appropriations headings.

Transfer of responsibility for legislative service organization financial activity to Clerk of House.

Monies received by Attending Physician from sale of prescription drugs or other services; deposit of receipts.

Deposit of fees for services by Office of Attending Physician; availability of amounts deposited.

Revolving fund for House gymnasium; deposit of receipts; availability for expenditure. Office of Senate Health Promotion.

(a) Establishment.

(b) Fees, assessments, and charges.

(c) Senate Health Promotion Revolving

Fund.

(d) Vouchers.

(e) Inapplicability of provisions prohibiting sales, advertisements, or solicitations in Capitol grounds.

(f) Regulations.

Senate Gift Shop.

(a) Establishment.

(b) Deposit of receipts.

(c) Revolving fund.

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Pub. L. 103-69, title III, § 307, Aug. 11, 1993, 107 Stat. 710, provided that:

"(a) The number of employee positions, on a fulltime equivalent basis, for each covered entity shall be reduced by at least 4 percent from the level, other than those supported by gift and trust funds, as of September 30, 1992, or, with the approval of the Committee on Appropriations of the House of Representatives and the Committee on Appropriations of the Senate, as of a later date, but not later than September 30, 1993. At least 10 percent of the positions eliminated shall be positions the pay for which is equal to or greater than the annual rate of basic pay payable for grade GS-14 of the General Schedule.

"(b) The reduction required by subsection (a) shall be completed not later than September 30, 1995, with at least 62.5 percent of the reduction for each covered entity to be achieved by September 30, 1994.

"(c) The Comptroller General shall carry out compliance reporting under this section.

"(d) As used in this section—

"(1) the term 'covered entity' means an entity of the legislative branch with more than 100 employee positions, on a full-time equivalent basis, as of September 30, 1992; and

"(2) the term 'entity of the legislative branch' means the House of Representatives, the Senate, the Office of the Architect of the Capitol (including the Botanic Garden), the Capitol Police, the Congressional Budget Office, the Copyright Royalty Tribunal, the General Accounting Office, the Government Printing Office, the Library of Congress, and the Office of Technology Assessment."

§ 60-2. Amendment to Senate conflict of interest rule (a) Except as provided by subsection (b) of this section, any employee of the Senate who is required to file a report pursuant to Senate rules shall refrain from participating personally and substantially as an employee of the Senate in any contact with any agency of the executive or judicial branch of Government with respect to non-legislative matters affecting any nongovernmental person in which the employee has a significant financial interest.

(b) Subsection (a) of this section shall not apply if an employee first advises his supervisor of his significant financial interest and obtains from such supervisor a written waiver stating that the participation of the employee is necessary. A copy of each such waiver shall be filed with the Select Committee.

(Pub. L. 101-194, title IX, § 903, Nov. 30, 1989, 103 Stat. 1781.)

§ 60a. Omitted

LEGISLATIVE BRANCH APPROPRIATION ACTS

The following acts have provided for funds for the operation of Congress:

Aug. 11, 1993, Pub. L. 103-69, title I, 107 Stat. 692. Oct. 6, 1992, Pub. L. 102-392, title I, 106 Stat. 1703. Aug. 14, 1991, Pub. L. 102-90, title I, 105 Stat. 447. Nov. 5, 1990, Pub. L. 101-520, title I, 104 Stat. 2254. Nov. 21, 1989, Pub. L. 101-163, title I, 103 Stat. 1041.

§ 60a-1. Senate pay adjustments; action by President pro tempore of Senate

(a) Each time the President adjusts the rates of pay of employees under section 5303 of title 5 the President pro tempore of the Senate shall, as he considers appropriate

[See main edition for text of (1) and (2)] by percentages which are equal or equivalent, insofar as practicable and with such exceptions as may be necessary to provide for appropriate pay relationships between positions, to the percentages of the adjustments made by the President under such section 5303 for corresponding rates of pay for employees subject to the General Schedule contained in section 5332 of such title and adjust the rates of such personnel by such amounts as necessary to restore the same pay relationships that existed on December 31, 1986, between personnel and Senators and between positions. Such rates, limitations, and allowances adjusted by the President pro tempore shall become effective on the first day of the month in which any adjustment becomes effective under such section 5303 or section 3(c) of this Act.

[See main edition for text of (b) to (e)] (As amended Pub. L. 101-509, title V, § 529 [title I, § 101(b)(4)(E)], Nov. 5, 1990, 104 Stat. 1427, 1440.)

AMENDMENTS

1990-Subsec. (a). Pub. L. 101-509 substituted "5303" for "5305" wherever appearing.

EFFECTIVE DATE OF 1990 AMENDMENT Amendment by Pub. L. 101-509 effective on such date as the President shall determine, but not earlier than 90 days, and not later than 180 days, after Nov. 5, 1990, see section 529 [title III, 305] of Pub. L. 101-509, set out as a note under section 5301 of Title 5, Government Organization and Employees.

DIRECTIVE OF PRESIDENT PRO TEMPORE of the SENATE ESTABLISHING A SALARY INCREASE FOR OFFICERS AND EMPLOYEES OF THE SENATE UNDER AUTHORITY OF THE FEDERAL PAY COMPARABILITY ACT OF 1970

DECEMBER 17, 1992

By virtue of the authority vested in me by section 4 of the Federal Pay Comparability Act of 1970 (2 U.S.C. 60a-1) in order—

(1) to provide (subject to the provisions of section 633 of the Treasury, Postal Service and General Government Appropriation Act, 1991 (5 U.S.C. 5303 note; Public Law 101-509; 104 Stat. 1481) and section 704 of the Ethics Reform Act of 1989 (5 U.S.C. 5318 note; Public Law 101-194) and the amendments

made by such sections (amending section 31 of this title, section 104 of Title 3, The President, section 5318 of Title 5, Government Organization and Employees, and section 461 of Title 28, Judiciary and Judicial Procedure]) increases in the annual rates of compensation for officers and employees of the Senate that are comparable to the increases in rates of pay under the General Schedule taking effect on January 1, 1993, pursuant to section 5303 of title 5, United States Code, and

(2) to provide (subject to such provisions of law) for the restoration of, and to maintain in effect, the same pay relationships that existed on December 31, 1986, between personnel and Senators and between Senate positions,

it is hereby

Ordered,

DEFINITION

SECTION 1. For purposes of this Order, the term "employee" includes an officer (other than a United States Senator).

RATE INCREASES FOR SPECIFIED POSITIONS

SEC. 2. (a) The annual rates of compensation of the Secretary of the Senate, the Sergeant at Arms and Doorkeeper, and the Legislative Counsel shall each be $132,100.

(b) The annual rates of compensation of the Secretary for the Majority and the Secretary for the Minority shall each be $131,534.

(c) The annual rates of compensation of the five Senior Counsels in the Office of the Legislative Counsel and the maximum annual rates of compensation for the Assistant Secretary of the Senate, the Parliamentarian, the Financial Clerk, the Assistant to the Majority Leader for Floor Operations, the Assistant to the Minority Leader for Floor Operations, the Chief of Staff for the Majority Leader, and the Chief of Staff for the Minority Leader shall each be $130,915. The maximum annual rate of compensation for the non-statutory position known as the "Special Deputy to the Federal Elections Commission" shall be equal to the maximum annual rate of compensation for positions specified in the preceding sentence.

CHAPLAIN'S OFFICE

SEC. 3. The annual rate of compensation of the Chaplain is equal to the annual rate of pay provided for level IV of the Executive Schedule under section 5315 of title 5, United States Code, except that such annual rate of compensation may not at any time exceed the rate equal to the difference between the annual rate of compensation for a position referred to in section 2(a) and $11,713.

OFFICES OF SENATE

SEC. 4. (a) The following individuals are authorized to increase the annual rates of compensation of the employees specified, subject to applicable limitations adjusted by this Order:

(1) The Vice President, for any employee under his jurisdiction.

(2) The President pro tempore, for any employee under his jurisdiction.

(3) The Deputy President pro tempore, for any employee under his jurisdiction.

(4) The Majority Leader and the Minority Leader, for any employee under their respective jurisdictions (subject, in the case of the Assistant to the Majority Leader for Floor Operations, the Assistant to the Minority Leader for Floor Operations, the Chief of Staff for the Majority Leader, and the Chief of Staff for the Minority Leader, respectively, to the provisions of section 2(c) of this Order).

(5) The Majority Whip and the Minority Whip, for any employee under their respective jurisdictions. (6) The Secretary of the Conference of the Majority and the Secretary of the Conference of the Mi

nority, for any employee under their respective jurisdictions.

(7) The Secretary of the Senate, for any employee under his jurisdiction (subject to the provisions of section 2(c) of this Order).

(8) The Sergeant at Arms and Doorkeeper, for any employee under his jurisdiction.

(9) The Chaplain, for any employee under his jurisdiction.

(10) The Legislative Counsel, subject to the approval of the President pro tempore, for any employee under his jurisdiction (other than the five Senior Counsels).

(11) The Senate Legal Counsel, for any employee under his jurisdiction (subject to the provisions of section 701(b) of the Ethics in Government Act of 1978 (2 U.S.C. 288(b))).

(12) The Secretary for the Majority and the Secretary for the Minority, for any employee under their respective jurisdictions.

(13) The Director of the Office of Senate Fair Employment Practices, for any employee under his jurisdiction.

(14) The Capitol Guide Board, for the Chief Guide, the Deputy Chief Guide, the Assistant Chief Guide, and the Guides of the Capitol Guide Service. (b) The limitations on the gross compensation which may be paid during a fiscal year to employees in the Offices of the Vice President, the President pro tempore, the Deputy President pro tempore, the Majority Leader, the Minority Leader, the Majority Whip, the Minority Whip, the Secretary of the Senate, the Sergeant at Arms and Doorkeeper, the Chaplain, the Secretary of the Conference of the Majority, the Secretary of the Conference of the Minority, the Secretary for the Majority, the Secretary for the Minority, the Conference of the Majority, and the Conference of the Minority (as in effect immediately before the effective date of this Order) are each increased by 3.7 percent, and as so increased, are each adjusted to the next higher multiple of $1.00.

(c) Except for those officers and employees referred to in section 2 of this Order, no officer or employee within the Office of the Secretary of the Senate and no officer or employee within the Office of the Sergeant at Arms and Doorkeeper shall, for any period of time, be paid gross compensation at an annual rate which is in excess of the maximum prescribed in section 105(f) of the Legislative Branch Appropriation Act, 1968 (2 U.S.C. 61-1(f)) (as such rate is adjusted in section 7(b) of the Order of the President pro tempore of December 18, 1991).

COMMITTEE STAFFS

SEC. 5. (a) Subject to the provisions of section 105 of the Legislative Branch Appropriation Act, 1968 (2 U.S.C. 61-1) (as modified by this Order), and to the other provisions of this Order, the chairman of any standing, special, or select committee of the Senate (including the majority and minority policy committees and the conference majority and the conference minority of the Senate), and the chairman of any joint committee of the Congress whose funds are disbursed by the Secretary of the Senate, are each authorized to increase the annual rate of compensation of any employee of the committee, or any subcommittee thereof, of which he is chairman, subject to applicable limitations adjusted by this Order.

(b) The maximum annual rates of "$124,464", "$124,959", and "$126,815" referred to in section 105(e) of the Legislative Branch Appropriation Act, 1968 (2 U.S.C. 61-1(e)) (as provided for in section 5(b) of the Order of the President pro tempore of December 18, 1991) shall be deemed to be the figures "$128,564", "$129,059", and "$130,915”, respectively.

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