§ 59e. — Official mail of persons entitled to use congressional frank.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 2USC59e]
TITLE 2--THE CONGRESS
CHAPTER 3--COMPENSATION AND ALLOWANCES OF MEMBERS
Sec. 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 Oversight 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 Chief
Administrative Officer 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 Oversight of the
House of Representatives and the House Commission on Congressional
Mailing Standards) of costs incurred for official mail by 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 Oversight 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)(A) of this section as to the amount that has
been used and any person with an allocation under subsection
(a)(2)(B) 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 in the House, or official expenses for franked mail,
employee salaries, office space, furniture, or equipment and any
associated information technology services (excluding handheld
communications devices) in the Senate 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) The use of funds of the House of Representatives which are made
available for official mail of Members, officers, and employees of the
House of Representatives who are persons entitled to use the
congressional frank shall be governed by regulations promulgated--
(A) by the Committee on House Oversight of the House of
Representatives, with respect to allocation and expenditures
relating to official mail (except as provided in subparagraph (B));
and
(B) by the House Commission on Congressional Mailing Standards,
with respect to matters under section 3210(a)(6)(D) of title 39.
(2) Funds used for official mail--
(A) 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 single-piece 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; and
(B) 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).
(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 involved
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, Sec. 311, Nov. 5, 1990, 104 Stat. 2278;
Pub. L. 102-229, title II, Sec. 211, Dec. 12, 1991, 105 Stat. 1718; Pub.
L. 104-186, title II, Sec. 203(22), Aug. 20, 1996, 110 Stat. 1728; Pub.
L. 105-275, title I, Sec. 104, Oct. 21, 1998, 112 Stat. 2439; Pub. L.
106-19, Sec. 1(a), Apr. 8, 1999, 113 Stat. 29; Pub. L. 106-57, title I,
Secs. 102, 103(a)(1)-(3), (4)(B), Sept. 29, 1999, 113 Stat. 415; Pub. L.
107-68, title I, Sec. 110, Nov. 12, 2001, 115 Stat. 569.)
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
2001--Subsec. (d). Pub. L. 107-68, in introductory provisions,
inserted ``in the House, or official expenses for franked mail, employee
salaries, office space, furniture, or equipment and any associated
information technology services (excluding handheld communications
devices) in the Senate'' after ``expenses''.
1999--Subsec. (a)(3). Pub. L. 106-57, Sec. 103(a)(4)(B), substituted
``costs incurred for official mail by'' for ``costs charged against the
Official Mail Allowance for''.
Subsec. (b)(2). Pub. L. 106-19 substituted ``any person with an
allocation under subsection (a)(2)(A) as to the amount that has been
used and any person with an allocation under subsection (a)(2)(B)'' for
``any person with an allocation under subsection (a)(2)''.
Subsec. (e)(1). Pub. L. 106-57, Sec. 103(a)(1)(A), in introductory
provisions, substituted ``The use of funds of the House of
Representatives which are made available for official mail of Members,
officers, and employees of the House of Representatives who are persons
entitled to use the congressional frank shall be governed by regulations
promulgated--'' for ``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--''.
Subsec. (e)(1)(A). Pub. L. 106-57, Sec. 103(a)(1)(B), substituted
``official mail (except as provided in subparagraph (B))'' for ``the
Allowance''.
Subsec. (e)(2). Pub. L. 106-57, Sec. 103(a)(2)(A), substituted
``Funds used for official mail--'' for ``The Official Mail Allowance--''
in introductory provisions.
Pub. L. 106-57, Sec. 102, made technical correction to directory
language of Pub. L. 105-275, Sec. 104(a). See 1998 Amendment note below.
Subsec. (e)(2)(A) to (C). Pub. L. 106-57, Sec. 103(a)(2)(B), (C),
redesignated subpars. (B) and (C) as (A) and (B), respectively, and
struck out former subpar. (A) which read as follows: ``shall be
available for postage for franked mail sent at a first class, third
class, or fourth class rate;''.
Subsec. (e)(3). Pub. L. 106-57, Sec. 103(a)(3), struck out par. (3)
which read as follows:
``(3)(A) Subject to subparagraph (B), each Member of the House of
Representatives may transfer amounts from the Members' Representational
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.''
1998--Subsec. (e)(2). Pub. L. 105-275, Sec. 104(a), as amended by
Pub. L. 106-57, Sec. 102, inserted ``and'' at end of subpar. (B),
substituted a period for ``; and'' at end of subpar. (C), and struck out
subpar. (D) which read as follows: ``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.''
Subsec. (e)(4). Pub. L. 105-275, Sec. 104(b), struck out par. (4)
which read as follows: ``The Members' Representational 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.''
1996--Subsec. (a). Pub. L. 104-186, Sec. 203(22)(B)(i), substituted
``House Oversight'' for ``House Administration'' in introductory
provisions.
Subsec. (a)(3). Pub. L. 104-186, Sec. 203(22)(A), (B)(ii),
substituted ``Chief Administrative Officer of the House of
Representatives'' for ``Clerk of the House of Representatives'' and
``House Oversight'' for ``House Administration''.
Subsec. (b). Pub. L. 104-186, Sec. 203(22)(B)(iii), substituted
``House Oversight'' for ``House Administration'' in introductory
provisions.
Subsec. (e)(1)(A). Pub. L. 104-186, Sec. 203(22)(B)(iv), substituted
``House Oversight'' for ``House Administration''.
Subsec. (e)(2)(A). Pub. L. 104-186, Sec. 203(22)(B)(v), struck out
``only'' after ``available''.
Subsec. (e)(3)(A). Pub. L. 104-186, Sec. 203(22)(B)(vi), substituted
``Members' Representational Allowance'' for ``Official Expenses
Allowance and the Clerk Hire Allowance''.
Subsec. (e)(4). Pub. L. 104-186, Sec. 203(22)(B)(vii), substituted
``Members' Representational Allowance'' for ``Official Expenses
Allowance''.
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,''.
Change of Name
Committee on House Oversight of House of Representatives changed to
Committee on House Administration of House of Representatives by House
Resolution No. 5, One Hundred Sixth Congress, Jan. 6, 1999.
Effective Date of 1999 Amendments
Amendment by section 103(a)(1)-(3), (4)(B) of Pub. L. 106-57
applicable with respect to the first session of the One Hundred Sixth
Congress and each succeeding session of Congress, see section 103(c) of
Pub. L. 106-57, set out as a note under section 57 of this title.
Pub. L. 106-19, Sec. 1(b), Apr. 8, 1999, 113 Stat. 29, provided
that: ``The amendment made by subsection (a) [amending this section]
shall apply with respect to January 1999 and each succeeding month.''
Section Referred to in Other Sections
This section is referred to in section 57 of this title.