§ 59. — Home State office space for Senators; lease of office space.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 2USC59]
TITLE 2--THE CONGRESS
CHAPTER 3--COMPENSATION AND ALLOWANCES OF MEMBERS
Sec. 59. Home State office space for Senators; lease of office
space
(a) Procurement by Sergeant at Arms of Senate in places designated by
Senator; places subject to use; lease of office space
(1) The Sergeant at Arms of the Senate shall secure for each Senator
office space suitable for the Senator's official use in places
designated by the Senator in the State he represents. That space shall
be secured in post offices or other Federal buildings at such places. In
the event suitable office space is not available in post offices or
other Federal buildings, the Sergeant at Arms shall secure other office
space in those places.
(2) The Senator may lease, on behalf of the United States Senate,
the office space so secured for a term not extending beyond the term of
office which he is serving on the first day of such lease, except that,
in the case of a Senator whose term of office is expiring and who has
been elected for another term, such lease may extend until the end of
the term for which he has been so elected. Each such lease shall contain
a provision permitting its cancellation upon sixty days written notice
by the Sergeant at Arms and Doorkeeper of the Senate, in the event of
the death or resignation of the Senator. A copy of each such lease shall
be furnished to the Sergeant at Arms. Nothing in this paragraph shall be
construed to require the Sergeant at Arms to enter into or execute any
lease for or on behalf of a Senator.
(b) Maximum amount of aggregate square feet for each Senator
The aggregate square feet of office space secured for Senator shall
not at any time exceed--
(1) 5,000 square feet if the population of the State of the
Senator is less than 3,000,000;
(2) 5,200 square feet if such population is 3,000,000 but less
than 4,000,000;
(3) 5,400 square feet if such population is 4,000,000 but less
than 5,000,000;
(4) 5,800 square feet if such population is 5,000,000 but less
than 7,000,000;
(5) 6,200 square feet if such population is 7,000,000 but less
than 9,000,000;
(6) 6,400 square feet if such population is 9,000,000 but less
than 10,000,000;
(7) 6,600 square feet if such population is 10,000,000 but less
than 11,000,000;
(8) 6,800 square feet if such population is 11,000,000 but less
than 12,000,000;
(9) 7,000 square feet if such population is 12,000,000 but less
than 13,000,000;
(10) 7,400 square feet if such population is 13,000,000 but less
than 15,000,000;
(11) 7,800 square feet if such population is 15,000,000 but less
than 17,000,000; or
(12) 8,200 square feet if such population is 17,000,000 or more.
(c) Maximum annual rental rate; maximum aggregate amount for acquisition
of furniture, equipment, and other office furnishings
(1) The maximum annual rate that may be paid for the rental of an
office secured for a Senator not in a post office or other Federal
building shall not exceed the highest rate per square foot charged
Federal agencies on the first day of the lease of such office by the
Administrator of General Services, based upon a 100 percent building
quality rating, for office space located in the place in which the
Senator's office is located, multiplied by the number of square feet
contained in that office used by the Senator and his employees to
perform their duties.
(2) The aggregate amount that may be paid for the acquisition of
furniture, equipment, and other office furnishings heretofore provided
by the Administrator of General Services for one or more offices secured
for the Senator is $40,000 if the aggregate square feet of office space
is not in excess of 5,000 square feet. Such amount is increased by
$1,000 for each authorized additional incremental increase in office
space of 200 square feet. Effective beginning with the 106th Congress,
the aggregate amount in effect under this paragraph for any Congress
shall be increased by the inflation adjustment factor for the calendar
year in which the Congress begins. For purposes of the preceding
sentence, the inflation adjustment factor for any calendar year is a
fraction the numerator of which is the implicit price deflator for the
gross domestic product as computed and published by the Department of
Commerce for the preceding calendar year and the denominator of which is
such deflator for the calendar year 1998.
(d) Senators subject to maximum amount of aggregate square feet and
maximum annual rental rate
(1) Notwithstanding subsection (b) of this section, the aggregate
square feet of office space secured for a Senator who is a Senator on
July 1, 1974, shall not at any time exceed, as long as he continuously
serves as a Senator, the greater of--
(A) the applicable square footage limitation of such subsection;
or
(B) the total square footage of those offices that the Senator
has on such date and which are continuously maintained in the same
buildings in which such offices were located on such date.
(2) The provisions of subsection (c) of this section do not apply to
any office that a Senator has on July 1, 1974, not in a post office or
other Federal building, as long as--
(A) that Senator continuously serves as a Senator; and
(B) that office is maintained in the same building in which it
was located on such date and contains not more than the same number
of square feet it contained in such date.
(e) Omitted
(f) Mobile office
(1) Subject to the provisions of paragraphs (2), (3), (4), and (5),
a Senator may lease one mobile office for use only in the State he
represents and the contingent fund of the Senate is available for the
rental payments (including by way of reimbursement) made under such
lease together with the actual nonpersonnel cost of operating such
mobile office. The term of any such lease shall not exceed 3 years. A
copy of each such lease shall be furnished to the Sergeant at Arms of
the Senate.
(2) The maximum aggregate annual rental payments and operating costs
(except furniture, equipment, and furnishings) that may be paid to a
Senator under paragraph (1) shall not at any time exceed an amount
determined by multiplying (A) the highest applicable rate per square
foot charged Federal agencies by the Administrator of General Services
in the State which that Senator represents, based upon a 100 percent
building quality rating, by (B) the maximum aggregate square feet of
office space to which that Senator is entitled under subsection (b) of
this section reduced by the number of square feet contained in offices
secured for that Senator under subsection (a) of this section and used
by that Senator and his employees to perform their duties.
(3) No payment shall be made under paragraph (1) for rental payments
and operating costs of a mobile office of a Senator unless the following
provisions are included in its lease:
(A) Liability insurance in the amount of $1,000,000 shall be
provided with respect to the operation and use of such mobile
office.
(B) Either of the following inscriptions shall be clearly
visible on three sides of such mobile office in letters not less
than three inches high:
``UNITED STATES GOVERNMENT
VEHICLE
``FOR OFFICIAL USE ONLY'';
Or
``MOBILE OFFICE OF SENATOR _____
``FOR OFFICIAL USE ONLY''.
(4) No payment shall be made under paragraph (1) for rental payments
and operating costs of a mobile office of a Senator which are
attributable to or incurred during the 60-day period ending with the
date of any primary or general election (whether regular, special, or
runoff) in which that Senator is a candidate for public office, unless
his candidacy in such election is uncontested.
(5) Payment under paragraph (1) shall be made on a monthly basis and
shall be paid upon vouchers approved by the Sergeant at Arms of the
Senate.
(g) Effective date
This section is effective on and after July 1, 1974.
(Pub. L. 93-371, Sec. 3, Aug. 13, 1974, 88 Stat. 428; Pub. L. 94-32,
title I, Sec. 4, June 12, 1975, 89 Stat. 183; Pub. L. 94-59, title I,
Secs. 106(a), 107, July 25, 1975, 89 Stat. 276; Pub. L. 95-26, title I,
Sec. 105, May 4, 1977, 91 Stat. 83; Pub. L. 95-94, title I, Sec. 112(d),
Aug. 5, 1977, 91 Stat. 664; Pub. L. 96-304, title I, Sec. 109, July 8,
1980, 94 Stat. 890; Pub. L. 99-88, title I, Sec. 194, Aug. 15, 1985, 99
Stat. 349; Pub. L. 102-27, title II, Apr. 10, 1991, 105 Stat. 144; Pub.
L. 102-90, title I, Sec. 7(b), Aug. 14, 1991, 105 Stat. 451; Pub. L.
104-197, title I, Sec. 3, Sept. 16, 1996, 110 Stat. 2397; Pub. L. 106-
57, title I, Sec. 3, Sept. 29, 1999, 113 Stat. 411.)
Codification
Section is comprised of section 3 of Pub. L. 93-371. Subsec. (e) of
section 3 of Pub. L. 93-371 amended section 58 of this title.
Amendments
1999--Subsec. (b)(1). Pub. L. 106-57, Sec. 3(1)(A), added par. (1)
and struck out former par. (1) which read as follows: ``4,800 square
feet if the population of his State is less than 2,000,000;''.
Subsec. (b)(2). Pub. L. 106-57, Sec. 3(1)(A), (C), redesignated par.
(3) as (2) and struck out former par. (2) which read as follows: ``5,000
square feet if such population is 2,000,000 but less than 3,000,000;''.
Subsec. (b)(3) to (12). Pub. L. 106-57, Sec. 3(1)(C), redesignated
pars. (4) to (13) as (3) to (12), respectively. Former par. (3)
redesignated (2).
Subsec. (b)(13). Pub. L. 106-57, Sec. 3(1)(C), redesignated par.
(13) as (12).
Pub. L. 106-57, Sec. 3(1)(B), substituted ``8,200'' for ``8,000''.
Subsec. (c)(2). Pub. L. 106-57, Sec. 3(2), substituted ``$40,000''
for ``$30,000'', ``5,000 square feet'' for ``4,800 square feet'', and
``$1,000'' for ``$734'' and inserted at end ``Effective beginning with
the 106th Congress, the aggregate amount in effect under this paragraph
for any Congress shall be increased by the inflation adjustment factor
for the calendar year in which the Congress begins. For purposes of the
preceding sentence, the inflation adjustment factor for any calendar
year is a fraction the numerator of which is the implicit price deflator
for the gross domestic product as computed and published by the
Department of Commerce for the preceding calendar year and the
denominator of which is such deflator for the calendar year 1998.''
1996--Subsec. (f)(1). Pub. L. 104-197 substituted ``3 years'' for
``one year'' in second sentence.
1991--Subsec. (f)(1). Pub. L. 102-90, Sec. 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, Sec. 7(b)(2), substituted ``paid''
for ``reimbursed''.
Subsec. (f)(3). Pub. L. 102-90, Sec. 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, Sec. 7(b)(4), substituted
``payment'' for ``reimbursement''.
Subsec. (f)(5). Pub. L. 102-90, Sec. 7(b)(5), substituted
``Payment'' for ``Reimbursement''.
1985--Subsec. (c)(2). Pub. L. 99-88 substituted ``$30,000'' for
``$22,550'' and ``$734'' for ``$550''.
1980--Subsec. (a)(2). Pub. L. 96-304, Sec. 109(1), substituted
provision limiting term of a lease of office space to a term not
extending beyond the term of office which Senator is serving on first
day of such lease, except in case of a Senator whose term is expiring
and who has been elected to another term, to end of term for which he
has been so elected, for provision limiting term of a lease of office
space to a term of not to exceed one year and inserted provision
requiring each lease to contain a provision permitting cancellation upon
sixty days written notification by Sergeant at Arms and Doorkeeper of
Senate, in event of death or resignation of Senator.
Subsec. (c). Pub. L. 96-304, Sec. 109(2), substituted ``shall not
exceed the highest rate per square foot charged Federal agencies on the
first day of the lease of such office'' for ``shall not at any time
exceed the applicable rate per square foot charged Federal agencies''.
1977--Subsec. (c)(2). Pub. L. 95-94 substituted ``$22,550'' for
``$20,500'' and ``$550'' for ``$500''.
Subsec. (f)(5). Pub. L. 95-26 substituted ``monthly'' for
``quarterly''.
1975--Subsec. (a). Pub. L. 94-59, Sec. 107, designated existing
provisions as par. (1) and added par. (2).
Subsec. (c). Pub. L. 94-59, Sec. 106(a), designated existing
provisions as par. (1) and added par. (2).
Subsecs. (f), (g). Pub. L. 94-32 added subsec. (f) and redesignated
former subsec. (f) as (g).
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.
Effective Date of 1980 Amendment
Section 109 of Pub. L. 96-304 provided that the amendment made by
that section is effective Jan. 1, 1980.
Effective Date of 1977 Amendment
Amendment by Pub. L. 95-94 effective Aug. 5, 1977, see section
112(f) of Pub. L. 95-94, set out as a note under section 58 of this
title.
Effective Date of 1975 Amendment
Section 106(b) of Pub. L. 94-59 provided that: ``The amendment made
by subsection (a) of this section [amending this section] is effective
on and after July 1, 1975.''