[Congressional Record Volume 149, Number 157 (Monday, November 3, 2003)]
[Senate]
[Pages S13796-S13801]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




    AMENDMENTS TO VARIOUS REGULATIONS OF THE COMMITTEE ON RULES AND 
                             ADMINISTRATION

  Mr. LOTT. Mr. President, I would like to give notice to Members and 
staff of the Senate that the Committee on Rules and Administration has 
approved amendments to six committee regulations. Pursuant to Title V 
of the Rules of Procedure for the Committee on Rules and 
Administration, and having provided advance notice of our intention to 
approve the following amendments to the regulations attached hereto, we 
hereby approve said amendments effective November 1, 2003, except for 
amendments to the regulations governing furniture, accessories and 
special allowances policy which shall be effective January 3, 2005.
  I. The following regulations are approved as amended:
  A. Committee Regulations Governing the Payment of Funeral Expenses of 
Deceased Members, as amended, by adding, deleting and substituting as 
follows:
  Delete the last sentence in the first paragraph and substitute--
``Such arrangements may include ordinary and necessary expenses for the 
following:''
  Add the following after item 4--``(floral expenses themselves are 
personal in nature and are not considered an official expense, with the 
exception of one floral arrangement from the United States Senate);''
  Delete the word ``Service'' and substitute the word ``Reasonable'' at 
the beginning of item 6, and insert the words ``use of a'' after the 
word ``for'' and before the word ``church''. Also insert the word 
``other'' after the word ``or'' and before the word ``place''.
  Substitute ``$5,000'' for ``$2,000'' for casket expense in item 9.
  Substitute ``$2,000'' for ``$1,000'' for burial plot in item 10.
  Add the following as item 11--``Miscellaneous expenses directly 
related to the funeral (e.g., fee for minister and musician) and not 
personal in nature (e.g., food, flowers, cards), not to exceed $2,500 
in the aggregate.''
  Add the following as item 12--``Any request for exceptions to this 
list must be made to the Sergeant at Arms, and approved by the 
Committee on Rules and Administration.''
  A copy of the Committee Regulations governing funeral expenses for 
deceased Members, as amended, is included as Attachment A. These 
amended regulations shall be effective as of November 1, 2003.
  B. Committee Regulations Governing Advance Payment, as amended, by 
adding new sections (l) and (m) as follows:
  ``(l) Metro subsidy, one week in advance of the new month''
  ``(m) Pre-paid cellular and telephone communications''.
  A copy of the Committee Regulations governing advance payment, as 
amended, is included as Attachment B. These amended regulations shall 
be effective as of November 1, 2003.
  C. Committee Regulations Governing Furniture, Accessories and Special 
Allowances Policy for Senate Office Buildings, as amended, by 
substituting as follows:
  Substitute ``$5,000'' for ``$2,500'' under Operational Policy for 
Senators' Special Furniture and Accessory Allowance.
  A copy of the Committee Regulations governing furniture, accessories 
and special allowances policy, as amended, is included as Attachment C. 
These amended regulations shall be effective as of January 3, 2005.
  D. Committee Regulations Governing Payments and Reimbursements From

[[Page S13797]]

the Senate Contingent Fund for Expenses of Senate Committees and 
Administrative Offices (adopted by the Committee on Rules and 
Administration on July 23, 1987 as authorized by Senate Resolution 258, 
100th Congress, 1st session, these regulations supercede regulations 
adopted by the Committee on October 22, 1975 and April 30, 1981), as 
amended, by substituting as follows:
  Substitute ``$50'' for ``$35'' in Section 1.
  Substitute ``$50'' for ``$35'' in Section 3.
  Substitute ``$50'' for ``$35'' in Section 6 in both instances.
  Substitute ``$50'' for ``$35'' in Section 8.
  A copy of the Committee Regulations governing reimbursements for 
Senate Committee expenses, as amended, is included as Attachment D. 
These amended regulations shall be effective as of November 1, 2003.
  E. Committee Regulations Governing Senators' Official Personnel and 
Office Expense Accounts (adopted by the Committee on Rules and 
Administration Pursuant to Senate Resolution 170 agreed to September 
19, 1979), as amended, by substituting as follows:

  Substitute ``$50'' for ``$35'' in Section 2.
  Substitute ``$50'' for ``$35'' in Section 3.
  Substitute ``$50'' for ``$35'' in Section 6 in both instances.
  A copy of the Committee Regulations governing Senators' official 
personnel and office expense accounts, as amended, is included as 
Attachment E. These amended regulations shall be effective as of 
November 1, 2003.
  F. Committee Regulations Governing Assignment, Accountability, and 
Inventory Control of Equipment, as amended, by adding a new section as 
follows:

           ``De Minimis Exception for Use of Senate Equipment

       Sec. 11. It is the normal and standing policy of the Senate 
     that official Senate resources may only be used in connection 
     with official business. However, in recognition of the 
     infrequent need for authorized users of official Senate 
     resources or equipment to take care of occasional personal 
     matters during normal business hours, pursuant to S. Res. 238 
     (108th Congress, 1st Session), the de minimis use of official 
     Senate resources (i.e. computers, Internet services, cellular 
     telephones, copiers and facsimile machines and other such 
     similar devices) is hereby permitted.
       For purposes of this policy, ``de minimis use'' is defined 
     as the incidental, unofficial use of Senate resources or 
     equipment when such use is significantly negligible in nature 
     and frequency and at nominal expense to the government. Such 
     use must also not create the appearance of impropriety. The 
     de minimis use of official resources as described herein is 
     considered to be in the interest of the Senate. The de 
     minimis uses permitted herein are only acceptable when such 
     uses are performed without measurable interference to the 
     performance of the official duties of the authorized user and 
     are in compliance with the Senate Code of Official Conduct.
       Nothing contained herein shall be construed to permit the 
     use of Internet services or any other official resources for 
     partisan, political or campaign purposes--such use is 
     strictly prohibited under any circumstances. Nothing 
     contained herein shall be construed to permit the use of 
     official Senate resources for any commercial activity or any 
     income-generating purpose or for any other illegal activity.
       It is the responsibility of each Senator, Committee 
     Chairman, Officer of the Senate, or administrative office 
     head to oversee the use of official Senate resources by their 
     office and to ensure that the use is consistent with the 
     requirements established by this policy as well as any other 
     applicable laws and regulations. Nothing contained in the 
     above policy shall prevent a Senator, Committee Chairman, 
     Officer of the Senate or administrative office head from 
     adopting a more restrictive de minimis use policy.''

  A copy of the Committee Regulations governing Assignment, 
Accountability, and Inventory Control of Equipment, as amended, is 
included as Attachment F. These amended regulations shall be effective 
as of November 1, 2003.
  I ask unanimous consent that the attachments be printed in the 
Record.
  There being no objection, the material was ordered to be printed in 
the Record, as follows:

    Attachment A--Committee on Rules and Administration Regulations 
Governing the Payment of Funeral Expenses of Deceased Members--Adopted 
                             July 23, 1987

       In accordance with Sec. 3.(a)(1) of Senate Resolution 458, 
     agreed to October 4, 1984, funeral arrangements for deceased 
     Senators made by the Sergeant at Arms and paid from the 
     contingent fund of the Senate shall be generally limited to 
     those activities and costs associated with the 
     transportation, preparation, and disposition of the remains. 
     [Such activities and costs may include, but not be limited 
     to, the following:] Such arrangements may include ordinary 
     and necessary expenses for the following:
       1. The transportation of remains to the mortuary;
       2. Complete preparation and care of the remains;
       3. Automotive equipment, including limousine service for 
     the immediate family, pallbearers, and the funeral coach;
       4. Funeral home expenses for the receipt, care, and 
     arrangement of floral tributes and a supply of acknowledgment 
     cards, (floral expenses themselves are personal in nature and 
     are not considered an official expense, with the exception of 
     one floral arrangement from the United States Senate);
       5. Preparation of usual newspaper notices, procuring and 
     executing the required certificates and permits;
       6. [Service] Reasonable fee for use of a church, synagogue 
     or other place of service;
       7. Cremation fees, including urn;
       8. Interment fees or charges for grave services;
       9. Burial vault and casket, not to exceed [$2,000] $5,000;
       10. If not previously purchased by the family, one burial 
     plot (not to exceed [$1,000] $2,000) and temporary marker. 
     Permanent grave markers or headstones are personal items and 
     are not authorized by these regulations to be paid from 
     appropriated funds.
       11. Miscellaneous expenses directly related to the funeral 
     (e.g., fee for minister and musician) and not personal in 
     nature (e.g., food, flowers, cards), not to exceed $2,500 in 
     the aggregate.
       12. Any request for exceptions to this list must be made to 
     the Sergeant at Arms, and approved by the Committee on Rules 
     and Administration.

Attachment B--Committee Regulations Governing Advance Payment--(Adopted 
by the Committee on Rules and Administration, October 30, 1997, Amended 
                         on September 30, 1998)

       Under the authority granted by Sec. 1(b) for P.L. 105-55, 
     the FY98 Legislative Branch Appropriations bill and using 
     these regulations--
       The term ``advance payment'' means any expense authorized, 
     by the Committee on Rules and Administration, pursuant to 
     P.L. 105-55.
       By the above definition of advance payment and following 
     the enactment of the FY98 Legislative Branch Appropriations 
     bill, in addition to subscriptions, the following items are 
     for advance payment:
       (a) Rental of water coolers (cooler units only/not for 
     water)
       (b) Monthly maintenance on equipment that is either non-
     standard and/or above the $500 limit
       (c) Cable TV services (including basic satellite service 
     where needed)
       (d) Online services (for official use by the Senator only)
       (e) Rental booths at State Fairs, rent for space to be used 
     during town hall meetings and associated costs (not to 
     include insurance)
       (f) Conference and seminar fees (not to include meals 
     charged separately)
       (g) Payments on leased equipment
       (h) Paging service
       (i) Clipping services
       (j) Yellow page listings (not to include the classified 
     yellow pages)
       (k) State office rents, up to 1 year in advance
       (l) Metro subsidy, one week in advance of the new month
       (m) Pre-paid cellular and telephone communications
       With respect to charges for on-line services, paging 
     services, clipping services, and equipment maintenance, 
     advance payment shall only be made in the cases of ``flat fee 
     services.'' Also, no advance payment will be allowed in 
     instances where cancellation fees may be incurred. Time 
     limitation on the obligation of funds is restricted to a 
     Member's six-year term of office and a Committee's biennial 
     funding period.

 Attachment C--Committee Regulations Governing Furniture, Accessories 
       and Special Allowances Policy for Senate Office Buildings


operational policy--senators' special Furniture and accessory allowance

       1. An amount of [$2,500] $5,000 will be allotted from 
     appropriated funds to each newly elected/re-elected Senator 
     for the purpose of furnishing a Senator's personal office, 
     reception room, and conference room.
       2. This allowance is for the purchase of furniture and 
     furnishings which are in addition to the furnishings 
     requested from the Standard Furniture and Accessories list 
     and will be authorized at the beginning of each Senator's new 
     term of office. The balance in the account will remain 
     available until expended or the end of the term of office.
       3. Provisions will be made for Senators to purchase from 
     this special allowance furniture and accessory items which 
     are unique to their offices and/or home states.
       4. a. Items authorized for purchase include furniture, 
     furnishings and accessory items. All items shall be separate 
     from other items or assemblies, shall not be perishable, 
     shall be storable, shall be capable of accepting Senate 
     inventory tags, and, except as noted in 4.b., shall be able 
     to be returned to stock for reissue. Items purchased shall be 
     substantial, shall not be of a temporary nature, and shall, 
     in general, be replaceable. The

[[Page S13798]]

     purchase of items of art, antiques and artifacts is not 
     provided for in this allowance. Items purchased shall not be 
     available through other means such as the Senator's Official 
     Personnel and Office Expense Account. Examples of items not 
     provided for include ashtrays, paintings, frames, 
     photographs, clocks, cut flowers, decorative flowers, vases, 
     or bookends.
       b. Items which are exceptions to the above requirements in 
     4.a., that is, are not required to be returned to stock, but 
     which may be procured through this allowance, include 
     materials to construct draperies, upgraded carpeting, and 
     materials and labor for the custom upholstering of furniture 
     items.
       c. The Committee on Rules and Administration, in 
     conjunction with the Architect of the Capitol, will monitor 
     requests for non-standard items to preserve the architectural 
     conformity of the Senate Office Buildings.
       5. All furniture and accessories, whether chosen from the 
     Standard list or purchased from the Senators' Special 
     Furniture and Accessory Allowance, remain the property of the 
     Architect of the Capitol.
       6. Furnishings secured through this allowance may be 
     returned at any time at the request of the Senator, or the 
     Senator's designated Office Head, to the Architect's 
     inventory without credit to the Senators' special allowance.
       7. Items obtained through the special allowance may be 
     purchased, at a depreciated price, from a Senator's personal 
     funds at any time. However, furniture furnished as standard 
     furniture for Senators or Staff from the Standard Furniture 
     and Accessories list, but which has been custom upholstered 
     with materials purchased from the special allowance, is not 
     available for purchase unless the Building Superintendent has 
     declared it to be surplus.
       8. Items purchased through the special allowance which have 
     been returned to the Architect's inventory may be obtained by 
     a Senator at the depreciated value as a charge to that 
     Senator's Special Furniture and Accessory Allowance.
       9. Depreciation on all items will be calculated on the 
     following basis:

------------------------------------------------------------------------
                                                              Percent of
                                                               original
                        During year                            purchase
                                                                price
------------------------------------------------------------------------
One........................................................          100
Two........................................................           90
Three......................................................           80
Four.......................................................           70
Five.......................................................           60
Six........................................................           50
Seven......................................................           40
Eight......................................................          30
------------------------------------------------------------------------
Salvage value is considered to be 30 percent of the original purchase
  price.

     Procedure for Ordering Items
       Special furniture and accessory items may be obtained by 
     submitting a request in writing to the Office of the 
     Superintendent with all details pertaining to the items 
     desired including a complete description, cost, availability, 
     vendor(s), etc. Procurement methods will be consistent with 
     the procedures described in the Federal Acquisition 
     Regulation, and all items procured through the special 
     allowance will be at a fair and reasonable price reflective 
     of the fair market value. Procurement will be accomplished by 
     the issuance of a purchase order from the Architect of the 
     Capitol to the vendor. Vendors will then bill the Architect 
     of the Capitol against the purchase order, with payment 
     following approval of each invoice. Reimbursements to other 
     accounts will not be made from the special allowance 
     accounts.

 Attachment D--Regulations Governing Payments and Reimbursements From 
   the Senate Contingent Fund for Expenses of Senate Committees and 
                         Administrative Offices

(Adopted by the Committee on Rules and Administration on July 23, 1987 
as authorized by S. Res. 258, 100th Cong., 1st sess., these regulations 
supercede regulations adopted by the Committee on October 22, 1975 and 
                            April 30, 1981)

       Section 1. Unless otherwise authorized by law or waived 
     pursuant to Section 6, herein, no payment or reimbursement 
     will be made from the contingent fund of the Senate for any 
     official expenses incurred by any Senate committee (standing, 
     select, joint, or special), commission, administrative 
     office, or other authorized Senate activity whose funds are 
     disbursed by the Secretary of the Senate, in excess of [$35] 
     $50, unless the voucher submitted for such expenses is 
     accompanied by documentation, and the voucher is certified by 
     the properly designated staff member and approved by the 
     Chairman or elected Senate officer. The designation of such 
     staff members for certification shall be done by means of a 
     letter to the Chairman of the Committee on Rules and 
     Administration. ``Official expenses'', for the purposes of 
     these regulations, means ordinary and necessary business 
     expenses in support of a committee's or administrative 
     office's official duties.
       Section 2. Such documentation should consist of invoices, 
     bills, statements, receipts, or other evidence of expenses 
     incurred, and should include ALL of the following 
     information:
       (a) date expense was incurred;
       (b) the amount of the expense;
       (c) the product or service provided;
       (d) the vendor providing the product or service;
       (e) the address of the vendor; and
       (f) the person or office to whom the product or service was 
     provided.
       Expenses being claimed should reflect only current charges. 
     Original copies of documentation should be submitted. 
     However, legible facsimiles will be accepted.
       Section 3. Official expenses of [$35] $50 or less must 
     either be documented or must be itemized in sufficient detail 
     so as to leave no doubt of the identity of, and the amount 
     spent for, each item. However, hotel bills or other evidence 
     of lodging costs will be considered necessary in support of 
     per diem expenses and cannot be itemized.
       Section 4. Documentation for services rendered on a 
     contract fee basis shall consist of a contract status report 
     form available from the Disbursing Office. However, other 
     expenses authorized expressly in the contract will be subject 
     to the documentation requirements set forth in these 
     regulations.
       Section 5. No documentation will be required for the 
     following expenses:
       (a) Salary reimbursement for compensation on a ``When 
     Actually Employed'' basis;
       (b) reimbursement of official travel in a privately owned 
     vehicle;
       (c) foreign travel expenses incurred by official 
     congressional delegations, pursuant to S. Res. 179, 95th 
     Cong., 1st sess.;
       (d) expenses for receptions of foreign dignitaries pursuant 
     to S. Res. 247, 87th Cong., 2nd sess., as amended; and
       (e) expenses for receptions of foreign dignitaries pursuant 
     to Sec. 2 of Pub. Law 100-71 effective July 11, 1987.
       Section 6. In special circumstances, the Committee on Rules 
     and Administration may require documentation for expenses 
     incurred of [$35] $50 or less, or authorize payment of 
     expenses incurred in excess of [$35] $50 without 
     documentation.
       Section 7. Cash advances from the Disbursing Office are to 
     be used for travel and petty cash expenses only. No more than 
     $5,000 may be outstanding at one time for Senate committees 
     or administrative offices, unless otherwise authorized by law 
     or resolution, and no more than $300 of that amount may be 
     used for a petty cash fund. The individual receiving the cash 
     advance will be personally liable. The Committee on Rules and 
     Administration may, in special instances, increase these 
     nonstatutory limits upon written request by the Chairman of 
     that committee and proper justification.
       Section 8. Documentation of petty cash expenses shall be 
     listed on an official petty cash itemization sheet available 
     from the Disbursing Office and should include ALL of the 
     following information:
       (a) date expense was incurred;
       (b) amount of expense;
       (c) product or service provided; and
       (d) the person incurring the expense (payee).
       Each sheet must be signed by the Senate employee receiving 
     cash and an authorizing official (i.e., someone other than 
     the employee(s) authorized to certify vouchers). Original 
     receipts or facsimiles must accompany the itemization sheet 
     for petty cash expenses over [$35] $50.
       Section 9. Petty cash funds should be used for the 
     following incidental expenses:
       (a) postage;
       (b) delivery expenses;
       (c) interdepartmental transportation (reimbursements for 
     parking, taxi, subway, bus, travel in a privately-owned 
     vehicle; etc.);
       (d) single copies of publications (not subscriptions);
       (e) office supplies not available in the Senate Stationery 
     Room; and
       (f) official telephone calls made from a staff member's 
     residence or toll charges within a staff member's duty 
     station.
       Petty cash funds should not be used for the procurement of 
     equipment.
       Section 10. Committees are encouraged to maintain a 
     separate checking account only for the purpose of a petty 
     cash fund and with a balance not in excess of $300.
       Section 11. Vouchers for the reimbursement of official 
     travel expenses to a committee chairman or member, officer, 
     employee, contractor, detailee, or witness shall be 
     accompanied by an ``Expense Summary Report--Non Travel'' 
     signed by such person. Vouchers for the reimbursement to any 
     such individual for official expenses other than travel 
     expenses shall be accompanied by an ``Expense Summary 
     Report--Non Travel'' signed by such person.

 Attachment E--(Regulations Governing Senators' Official Personnel and 
    Office Expense Accounts--Adopted by the Committee on Rules and 
 Administration Pursuant to Senate Resolution 170 agreed to September 
                         19, 1979, as amended.)

       Section 1. For the purposes of these regulations, the 
     following definitions shall apply:
       (a) Documentation means invoices, bills, statements, 
     receipts, or other evidence of expenses incurred, approved by 
     the Committee on Rules and Administration.
       (b) Official expenses means ordinary and necessary business 
     expenses in support of the Senators' official and 
     representational duties.
       Section 2. No reimbursement will be made from the 
     contingent fund of the Senate for any official expenses 
     incurred under a Senator's Official Personnel and Office 
     Expense Account, in excess of [$35] $50, unless the voucher 
     submitted for such expenses is accompanied by documentation, 
     and the voucher is personally signed by the Senator.
       Section 3. Official expenses of [$35] $50 or less must 
     either be documented or must be

[[Page S13799]]

     itemized in sufficient detail so as to leave no doubt of the 
     identity of, and the amount spent for, each item. Items of a 
     similar nature may be grouped together in one total on a 
     voucher, but must be itemized individually on a supporting 
     itemization sheet.
       Section 4. Travel expenses shall be subject to the same 
     documentation requirements as other official expenses, with 
     the following exceptions:
       (a) Hotel bills or other evidence of lodging costs will be 
     considered necessary in support of per diem.
       (b) Documentation will not be required for reimbursement of 
     official travel in a privately owned vehicle.
       Section 5. No documentation will be required for 
     reimbursement of the following classes of expenses, as these 
     are billed and paid directly through the Sergeant at Arms and 
     Doorkeeper:
       (a) official telegrams and long distance calls and related 
     services;
       (b) stationery and other office supplies procured through 
     the Senate Stationery Room for use for official business.
       Section 6. The Committee on Rules and Administration may 
     require documentation for expenses incurred of [$35] $50 or 
     less, or authorize payment of expenses incurred in excess of 
     $35 $50 without documentation, in special circumstances.

  Attachment F--Regulations Governing Assignment, Accountability, and 
                     Inventory Control of Equipment

       Approved by the Committee on Rules and Administration, 
     United States Senate, on January 25, 1983, effective March 1, 
     1983, to cover Senators, chairmen of committees and 
     subcommittees, officers of the Senate, joint committees of 
     the Congress, other officers and individuals of the 
     legislative branch, and employees of the United States Senate 
     and to supersede the regulations adopted June 28, 1978, which 
     became effective on September 1, 1978.
       Resolved by the Committee on Rules and Administration of 
     the United States Senate, That equipment provided to 
     Senators, committee chairmen, other officers and employees of 
     the United States Senate, and other individuals shall be 
     subject to the following regulations relating to assignment, 
     accountability, and inventory control.


                              DEFINITIONS

       Sec. 1. (a) As used in these regulations, the term--
       (1) ``equipment'' includes, but is not limited to, 
     typewriters, dictation machines, calculators, facsimile 
     transmission equipment, photocopiers, sound reproduction and 
     recording equipment, video recording equipment, desk-top 
     computers and peripheral equipment, portable computers, 
     answering devices, headsets, Telecommunications Devices for 
     the Deaf (TDDs), modems, intelligent wiring hubs, telephone 
     instruments, cellular telephones, voice couplers, and pagers, 
     whether owned, rented, or leased by the Senate;
       (2) ``office head'' means, with respect to each of the 
     following offices and committees, the following designated 
     officer:
       (A) Office of the Vice President, the Vice President;
       (B) Office of the President Pro Tempore, the President Pro 
     Tempore;
       (C) Office of the Deputy President Pro Tempore, the Deputy 
     President Pro Tempore;
       (D) Office of the Majority Leader, the Majority Leader;
       (E) Office of the Minority Leader, the Minority Leader;
       (F) Office of the Assistant Majority Leader, the Assistant 
     Majority Leader;
       (G) Office of the Assistant Minority Leader, the Assistant 
     Minority Leader;
       (H) Office of a United States Senator, the Senator;
       (I) Committee of the Senate, the Chairman;
       (J) Democratic Policy Committee, the Chairman;
       (K) Democratic Conference, the Chairman;
       (L) Republican Policy Committee, the Chairman;
       (M) Republican Conference, the Chairman;
       (N) Office of the Sergeant at Arms, the Sergeant at Arms;
       (O) Office of the Secretary of the Senate, the Secretary of 
     the Senate;
       (P) Office of the Secretary to the Majority, the Secretary 
     to the Majority;
       (Q) Office of the Secretary to the Minority, the Secretary 
     to the Minority;
       (R) Office of the Legislative Counsel, the Legislative 
     Counsel; and
       (S) Office of the Senate Legal Counsel, the Senate Legal 
     Counsel;
       (3) ``Committee'' means a standing committee of the Senate, 
     a select committee of the Senate, or a special committee of 
     the Senate;
       (4) ``current value'' means the fair market value, less 20 
     percent, or, if the fair market value cannot be determined 
     satisfactorily, the depreciated value;
       (5) ``fair market value'' means the price at which such or 
     similar equipment is freely sold, or in the absence of sales, 
     offered for sale in the metropolitan area of Washington, DC, 
     in retail quantities and in the ordinary course of trade;
       (6) ``depreciated value'' means the original purchase price 
     of equipment depreciated
       (A) in the case of typewriters and mailing equipment, by 
     using a straight-line ten year useful life basis;
       (B) in the case of word processing equipment, by using a 
     straight-line eight year useful life basis; and
       (C) in the case of all other equipment covered by these 
     regulations, by using a straight-line six year useful life 
     basis;
       (7) ``salvage value'' means the price at which such or 
     similar equipment which is irreparably inoperable or beyond 
     its normal useful life is freely sold, or in the absence of 
     sales, offered for sale for recovery of scrap materials or 
     spare parts in the metropolitan area of Washington, DC;
       (8) ``earnings'' means compensation paid or payable by the 
     United States Senate for personal services, whether 
     denominated as wages, salary, commission, bonus, or 
     otherwise; and
       (9) ``disposable earnings'' means that part of the earnings 
     of any individual remaining after the deduction from those 
     earnings of:
       (A) any amounts required by law or court order to be 
     withheld; and
       (B) amounts withheld for retirement, life insurance, health 
     insurance, and charitable contributions;
       (b) In the case of any other office of the Senate not 
     designated in subsection (a), the Senator, staff director, or 
     other officer or staff member in charge of such office shall 
     be an ``office head'' for purposes of these regulations.


                         REQUESTS FOR EQUIPMENT

       Sec. 2. (a) An office head shall have the sole authority to 
     request equipment from the Sergeant at Arms for use in 
     connection with the office or committee under his or her 
     jurisdiction. No such equipment shall be made available 
     except pursuant to a letter to the Sergeant at Arms signed by 
     such office head.
       (b) In the case of any joint committee of the Congress 
     which is authorized to receive equipment from the Sergeant at 
     Arms, and any other office which, whether or not a part of 
     the Senate, is authorized to receive such equipment, the 
     Sergeant at Arms shall not make such equipment available to 
     such committee or office unless the chairman or head thereof 
     enters into an agreement with the Sergeant at Arms sufficient 
     to assure the Sergeant at Arms that proper accountability, 
     assignment, and inventory control procedures will be carried 
     out with respect to such equipment.
       (c) The Sergeant at Arms shall not furnish equipment to 
     replace equipment which has been lost, stolen, or damaged, 
     unless the appropriate report required by section 5(b) has 
     been submitted.


              INVENTORY AND INSPECTION BY SERGEANT AT ARMS

       Sec. 3. (a) The Sergeant at Arms shall conduct an on-site 
     physical inventory and inspection of all Senate equipment 
     made available to each office head on an annual basis or as 
     otherwise determined appropriate by the Sergeant at Arms in 
     the interest of sound inventory control.
       (b) In addition to any such inventory or inspection 
     conducted pursuant to subsection (a), the Sergeant at Arms 
     shall conduct such special physical inventories and 
     inspections as may be necessary to assure the proper 
     accountability for Senate equipment.
       (c) Such inventories and inspections shall be carried out 
     in accordance with such regulations as the Sergeant at Arms, 
     with the approval of the Committee on Rules and 
     Administration, shall adopt.


               RESPONSIBILITY FOR SAFEGUARDING EQUIPMENT

       Sec. 4. (a) Except to the extent otherwise provided in this 
     section each office head shall have the responsibility for 
     safeguarding equipment made available to his or her office or 
     committee and for reporting promptly to the Sergeant at Arms 
     any such equipment which is lost, stolen, damaged or for 
     which such office head cannot account. Assignment of 
     equipment to an office head shall be documented on Senate 
     Form EQU 1, the format and content of which are set forth in 
     section 10.
       (b) Notwithstanding any other provision of these 
     regulations, each chairman of a committee may transfer to 
     each chairman of a subcommittee of such committee all of the 
     responsibilities and obligations which the chairman of the 
     committee would otherwise have with respect to such equipment 
     under these regulations. In any case involving such a 
     delegation to a chairman of a subcommittee, such chairman 
     shall be deemed an office head within the meaning of these 
     regulations. Such transfers of responsibility are to be 
     documented on Senate Form EQU 2, the format and content of 
     which are set forth in section 10.
       (c) Each office head may delegate to any employee of the 
     office under his or her jurisdiction responsibility for 
     safeguarding equipment assigned to such employee and the 
     responsibility for reporting promptly to the office head and 
     the Sergeant at Arms any such equipment so assigned which is 
     lost, stolen, damaged, or for which such employee cannot 
     account. Such delegations are to be documented on Senate Form 
     EQU 3, the form and content of which are set forth in section 
     10.
       (d) Each office head may adopt such procedures for the 
     office under his or her jurisdiction as such office head may 
     deem appropriate regarding the assignment to employees of 
     such office head of equipment which may be used by any such 
     employee in the conduct of official business at points other 
     than his official post of duty. Such assignments are to be 
     documented on Senate Form EQU 4, the form and content of 
     which are set forth in section 10.
       (e) Each office head shall designate a member of his or her 
     staff as the individual responsible for giving the notice 
     required

[[Page S13800]]

     under paragraph (2) of subsection (f) in the absence of such 
     office head.
       (f)(1) An office head to whom equipment has been assigned 
     under these regulations and who intends to retire, resign, or 
     otherwise terminate his or her employment shall notify the 
     Secretary of the Senate of his impending retirement, 
     resignation, or termination as soon as practical.
       (2)(A) Whenever an office head, or individual designated by 
     that office head pursuant to subsection (e) of this section, 
     is notified to the effect (i) that an employee to whom such 
     office head has assigned the responsibility for equipment 
     under these regulations intends to retire, resign, or 
     otherwise leave his or her employment, and (ii) that such 
     employee has an unfulfilled financial obligation to the 
     Senate arising out of such assignment, such office head or 
     designated individual shall, not later than the next business 
     day following the day on which such office head or individual 
     learns of such intended retirement, resignation, or 
     termination of employment, notify the Secretary of the Senate 
     of such pending retirement, resignation, or termination of 
     employment, and of such obligation.
       (B) For purposes of this paragraph (2), the term ``business 
     day'' means any day other than a Saturday, Sunday, or 
     holiday.


          REIMBURSEMENT FOR LOST, STOLEN, OR DAMAGED EQUIPMENT

       Sec. 5. (a) In the case of any equipment covered by these 
     regulations which is stolen, lost, or otherwise unaccounted 
     for, reimbursement shall be made in an amount equal to the 
     current value of such equipment as determined in accordance 
     with section 6. In the case of any such equipment which is 
     damaged, reimbursement shall be made in an amount equal to 
     the cost of repairs to such equipment, or its current value 
     (reduced by its salvage value), whichever is less.
       (b)(1) Except to the extent otherwise provided in this 
     section, an office head shall be responsible for promptly 
     reimbursing the Senate, through the Sergeant at Arms, for any 
     such equipment made available to him in accordance with these 
     regulations which is lost, stolen, damaged (normal wear and 
     tear excepted), or otherwise unaccounted for, except that no 
     such reimbursement shall be required for such equipment which
       (A) is stolen, if such office head promptly reported such 
     equipment as stolen to the appropriate law enforcement agency 
     and promptly notified the Sergeant at Arms of that fact in 
     writing; or
       (B) is damaged, if such office head reported such equipment 
     as damaged, together with a statement as to how such damage 
     occurred, to the Sergeant at Arms as soon as practicable 
     after it had been determined damaged, and, on the basis of 
     such statement and other information available to the 
     Sergeant at Arms, the Sergeant at Arms determines that such 
     office head exercised a standard of care with respect to the 
     equipment entrusted to him which a reasonably prudent and 
     careful person would be expected to exercise in the case of 
     his or her own property of a like description under like 
     circumstances and that, in spite of such care, such equipment 
     was so damaged.
       (2) An employee to whom responsibility for equipment has 
     been delegated in accordance with the provisions of Section 4 
     and any other individual who is not an officer or an employee 
     of the Senate but who receives or is responsible for 
     equipment received from the Senate shall be responsible for 
     reimbursing the Senate, through the Sergeant at Arms, for any 
     such equipment so assigned to such employee which is lost, 
     stolen, damaged, or otherwise unaccounted for, except that no 
     such reimbursement shall be required for such equipment which
       (A) is stolen, if such employee or other individual 
     promptly reported such equipment as stolen to the appropriate 
     law enforcement agency and promptly notified the Sergeant at 
     Arms and, in the case of an employee, such employee's office 
     head of that fact in writing; or
       (B) is damaged, if such employee or other individual 
     reported such equipment as damaged, together with a statement 
     as to how such damage occurred, to the Sergeant at Arms and, 
     in the case of an employee, the employee's office head as 
     soon as practicable after it has been determined damaged, 
     and, on the basis of such statement and other information 
     available to the Sergeant at Arms, the Sergeant at Arms 
     determines that such employee or other individual exercised a 
     standard of care with respect to such equipment entrusted to 
     such employee or other individual which a reasonably prudent 
     and careful person would be expected to take of his own 
     property of a like description under like circumstances and 
     that, in spite of such care, such equipment was so damaged.
       (3) Notwithstanding any other provision of these 
     regulations, in any case in which the Sergeant at Arms is 
     unable to obtain reimbursement from any employee in 
     connection with equipment assigned to that employee by an 
     office head, such office head shall be liable for such 
     reimbursement to the extent not recovered from such employee 
     in the same manner as if such assignment had not occurred. 
     The preceding sentence shall not apply in the case of an 
     employee who fails to so reimburse the Senate and who resigns 
     or retires or otherwise leaves his employment, if such office 
     head is in compliance with subsections (e) and (f)(2) of 
     section 4 of these regulations.
       (c) Whenever lost or stolen equipment for which 
     reimbursement has been made is found or recovered, the 
     individual from whom reimbursement was received shall notify 
     the Sergeant at Arms immediately upon its recovery and shall 
     tender the property to the appropriate office of the Senate 
     for inspection by the Sergeant at Arms. The Sergeant at Arms 
     shall:
       (1) Accept the equipment and refund to such individual the 
     amount of reimbursement paid;
       (2) Accept the equipment and refund to such individual an 
     amount equal to the amount of reimbursement paid less the 
     decrease in value of the equipment between the time of its 
     loss and its recovery; or
       (3) Refuse to accept return of the equipment and not refund 
     any of the reimbursement.


                         DETERMINATION OF VALUE

       Sec. 6. Whenever necessary for the determination of an 
     amount of reimbursement under these regulations, the Sergeant 
     at Arms shall determine the current value of equipment which 
     has been lost, stolen, or is otherwise unaccounted for, and 
     the current value, salvage value, and cost of repairs of 
     equipment which has been damaged.


             WITHHOLDING OF COMPENSATION OR OTHER PAYMENTS

       Sec. 7. (a) Promptly following receipt by him of official 
     notification or reliable public information that an office 
     head is resigning or retiring from, or has left or is 
     otherwise leaving, his or her office, the Secretary of the 
     Senate shall notify the Sergeant at Arms of that fact in 
     writing. Upon receipt of such notice, the Sergeant at Arms 
     shall promptly ascertain whether such office head had an 
     unfilled financial obligation to the Senate in connection 
     with any equipment covered by these regulations and shall 
     promptly notify the Secretary of the Senate of his findings. 
     In the case of an office head who has such an unfulfilled 
     financial obligation, the Secretary of the Senate shall 
     withhold from any compensation or other payments due such 
     office head such amount or amounts as may be necessary to 
     satisfy such obligation.
       (b) In the case of any employee who is resigning or 
     retiring from or who has left or is otherwise leaving, his or 
     her employment, the Secretary of the Senate, upon receiving 
     notification in accordance with subsections (e) and (f)(2) of 
     section 4 of these regulations, shall withhold from any 
     compensation or other payments due such employee such amount 
     or amounts as may be necessary to satisfy such obligation.
       (c) In any other case in which the Sergeant at Arms is 
     unable, after a diligent effort, to obtain from any office 
     head or employee reimbursement of any obligation to the 
     Senate pursuant to these regulations, the Sergeant at Arms 
     shall notify the Secretary of the Senate to that effect and 
     the Secretary shall withhold amounts from compensation or 
     other payments otherwise due such office head or employee 
     until such reimbursement obligation has been satisfied 
     subject to the limitations set forth in subsection (d).
       (d) The maximum part of the compensation or other payments 
     such office head, employee, or other individual derived from 
     earnings for any work period which is subject to withholding 
     under subsection (c) shall not exceed the lesser of
       (1) twenty-five percent of his disposable earnings for that 
     period, or
       (2) if the work period is a workweek, the amount by which 
     his disposable earnings for that workweek exceed 30 times the 
     Federal minimum hourly wage prescribed by section 6(a)(1) of 
     the Fair Labor Standards Act of 1938 in effect at the time 
     the earnings are payable, or, if the work period is not a 
     workweek, the amount by which his disposable earnings for 
     that period exceed 30 times the equivalent multiple of the 
     Federal minimum hourly wage prescribed by the Secretary of 
     Labor for such period pursuant to section 303 of the Consumer 
     Credit Protection Act.
       (e) In any case in which the Sergeant at Arms is unable, 
     after a diligent effort, to obtain from any office head or 
     employee or any individual who is not an officer or employee 
     of the Senate (but who receives, or is responsible for 
     equipment received from the Senate), reimbursement due from 
     such office head or employee or individual pursuant to these 
     regulations, the Sergeant at Arms shall take all lawful 
     action to obtain such reimbursement.
       (f) To the extent permitted by law, moneys so withheld or 
     recovered as reimbursement in connection with equipment lost, 
     stolen, damaged, or otherwise unaccounted for pursuant to 
     these regulations, or by any other lawful means, shall be 
     deposited in the United States Treasury for credit to the 
     appropriation for ``Miscellaneous Items'' under the heading 
     ``Contingent Expenses of the Senate.''
       (g) Nothing in these regulations shall be construed as 
     precluding the Sergeant at Arms from utilizing any other 
     lawful means or remedies available to him in connection with 
     the obtaining from any such office head or employee, or any 
     such former office head, employee, or other individual any 
     reimbursement due the Senate for equipment lost, stolen, 
     damaged, or otherwise unaccounted for under these 
     regulations.


                          WAIVER AND PETITION

       Sec. 8. (a) Notwithstanding any other provision of these 
     regulations, in any case in which the Sergeant at Arms 
     determines that the enforcement of the provisions of these 
     regulations relating to reimbursement would create an undue 
     hardship, or would not be in the public interest, the 
     Sergeant at Arms is authorized to waive, in whole or in part,

[[Page S13801]]

     such reimbursement otherwise required under these 
     regulations.
       (b) Any office head, employee, or other individual who is 
     aggrieved by any final action of the Sergeant at Arms under 
     these regulations involving the matter of reimbursement may 
     petition the Committee on Rules and Administration for a 
     review of such action. On the basis of such petition, the 
     Committee is authorized to approve, disapprove, or modify the 
     action taken by the Sergeant at Arms, and, in the case of any 
     such disapproval or modification, to direct the Sergeant at 
     Arms to take action in conformity therewith.


    EQUIPMENT OBTAINED UNDER SECTION 506(a)(9) OF THE SUPPLEMENTAL 
              APPROPRIATIONS ACT, 1973 (2 U.S.C. 58(a)(9))

       Sec. 9. The provisions of these regulations shall apply to 
     equipment purchased, leased, or otherwise acquired by a 
     Senator with funds available under section 506(a)(9) of the 
     Supplemental Appropriations Act, 1973 (2 U.S.C. 58(a)(9)) and 
     to equipment purchased by a committee or an officer of the 
     Senate with appropriated funds. For purposes of these 
     regulations, any equipment so acquired shall be treated as 
     having been requested from the Sergeant at Arms, and as 
     having been made available by him on the date on which it is 
     delivered and installed in the office of the Senator.


        FORMS FOR THE DELEGATION AND TRANSFER OF ACCOUNTABILITY

       Sec. 10. In the case of equipment issued, reassigned, or 
     otherwise made available on or after the effective date of 
     these regulations, delegations and transfers of 
     accountability for equipment covered by these regulations 
     shall be documented on forms, the content and format of which 
     are set forth below.
       [Applicable forms are supplied by the Sergeant at Arms' 
     Equipment Division when making equipment assignments or 
     reassignments.]


            DE MINIMIS EXCEPTION FOR USE OF SENATE EQUIPMENT

       Sec. 11. It is the normal and standing policy of the Senate 
     that official Senate resources may only be used in connection 
     with official business. However, in recognition of the 
     infrequent need for authorized users of official Senate 
     resources or equipment to take care of occasional personal 
     matters during normal business hours, pursuant to S. Res 238 
     (108th Congress, 1st Session), the de minimis use of official 
     Senate resources (i.e. computers, Internet services, cellular 
     telephones, copiers and facsimile machines and other such 
     similar devices) is hereby permitted.
       For purposes of this policy, ``de minimis use'' is defined 
     as the incidental, unofficial use of Senate resources or 
     equipment when such use is significantly negligible in nature 
     and frequency and at nominal expense to the government. Such 
     use must also not create the appearance of impropriety. The 
     de minimis use of official resources as described herein is 
     considered to be in the interest of the Senate. The de 
     minimis uses permitted herein are only acceptable when such 
     uses are performed without measurable interference to the 
     performance of the official duties of the authorized user and 
     are in compliance with the Senate Code of Official Conduct.
       Nothing contained herein shall be construed to permit the 
     use of Internet services or any other official resources for 
     partisan, political or campaign purposes--such use is 
     strictly prohibited under any circumstances. Nothing 
     contained herein shall be construed to permit the use of 
     official Senate resources for any commercial activity or any 
     income-generating purpose or for any other illegal activity.
       It is the responsibility of each Senator, Committee 
     Chairman, Officer of the Senate, or administrative office 
     head to oversee the use of official Senate resources by their 
     office and to ensure that the use is consistent with the 
     requirements established by this policy as well as any other 
     applicable laws and regulations. Nothing contained in the 
     above policy shall prevent a Senator, Committee Chairman, 
     Officer of the Senate or administrative office head from 
     adopting a more restrictive de minimis use policy.

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