US LAWS, STATUTES & CODES ON-LINE

US Supreme Court Decisions On-Line | US Laws



§ 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.



chanrobles.com.Com


ChanRobles Legal Resources:

ChanRobles On-Line Bar Review

ChanRobles Internet Bar Review : www.chanroblesbar.com

ChanRobles MCLE On-line

ChanRobles Lawnet Inc. - ChanRobles MCLE On-line : www.chanroblesmcleonline.com