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§ 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.''



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