[United States Senate Manual, 104th Congress]
[S. Doc. 104-1]
[Standing Rules of the Senate]
[Pages 73-75]
[From the U.S. Government Publishing Office, www.gpo.gov]


        40                             RULE XL

               FRANKING PRIVILEGE AND RADIO AND TELEVISION STUDIOS\34\
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                \34\Section 3210 of title 39, U.S.C., contains statutory 
            provisions are parallel to certain provisions of rule XL 
            relating to the franking privilege. See Senate Manual 
            Sec. 491.
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      40.1      1. A Senator or an individual who is a candidate for 
            nomination for election, or election, to the Senate may not 
            use the frank for any mass mailing (as defined in section 
            3210(a)(6)(E)\35\ of title 39, United States Code) if such 
            mass mailing is mailed at or delivered to any postal 
            facility less than sixty days immediately before the date of 
            any primary or general election (whether regular, special, 
            or runoff) in which the Senator is a candidate for public 
            office or the individual is a candidate for Senator, unless 
            the candidacy of the Senator in such election is 
            uncontested.\36\
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                \35\Citation corrected by S. Res. 187, 101-1, Oct. 2, 
            1989, pursuant to Pub. L. 97-69, Oct. 26, 1981.
                \36\As amended, S. Res. 224, 103-2, June 21, 1994.

      40.2      2. A Senator shall use only official funds of the 
            Senate, including his official Senate allowances, to 
            purchase paper, to print, or to prepare any mass mailing 
            material which is to be sent out under the frank.
     40.3a      3. (a) When a Senator disseminates information under the 
            frank by a mass mailing (as defined in section 3210(a)(6)(E) 
            of title 39, United States Code), the Senator shall register 
            quarterly\37\ with the Secretary of the Senate such mass 
            mailings. Such registration shall be made by filing with the 
            Secretary a copy of the matter mailed and

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            providing, on a form supplied by the Secretary, a 
            description of the group or groups of persons to whom the 
            mass mailing was mailed.
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                \37\Pursuant to Pub. L. 101-520, Nov. 5, 1990, 2 U.S.C. 
            59g, See Senate Manual Sec. 248.7.

     40.3b      (b) The Secretary of the Senate shall promptly make 
            available for public inspection and copying a copy of the 
            mail matter registered, and a description of the group or 
            groups of persons to whom the mass mailing was mailed.
      40.4      4. Nothing in this rule shall apply to any mailing under 
            the frank which is (a) in direct response to inquiries or 
            requests from persons to whom the matter is mailed; (b) 
            addressed to colleagues in Congress or to government 
            officials (whether Federal, State, or local); or (c) 
            consists entirely of news releases to the communications 
            media.
      40.5      5. The Senate computer facilities shall not be used (a) 
            to store, maintain, or otherwise process any lists or 
            categories of lists of names and addresses identifying the 
            individuals included in such lists as campaign workers or 
            contributors, as members of a political party, or by any 
            other partisan political designation, (b) to produce 
            computer printouts except as authorized by user guides 
            approved by the Committee on Rules and Administration, or 
            (c) to produce mailing labels for mass mailings, or computer 
            tapes and discs, for use other than in service facilities 
            maintained and operated by the Senate or under contract to 
            the Senate. The Committee on Rules and Administration shall 
            prescribe such regulations not inconsistent with the 
            purposes of this paragraph as it determines necessary to 
            carry out such purposes.
      40.6      6. (a) The radio and television studios provided by the 
            Senate or by the House of Representatives may not be used by 
            a Senator or an individual who is a candidate for nomination 
            for election, or election, to the Senate less than sixty 
            days immediately before the date of any primary or general 
            election (whether regular, special, or runoff) in which that 
            Senator is a candidate for public office or that individual 
            is a candidate for Senator, unless the candidacy of the 
            Senator in such election is uncontested.\38\
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                \38\As amended, S. Res. 224, 103-2, June 21, 1994.

     40.6b      (b) This paragraph shall not apply if the facilities are 
            to be used at the request of, and at the expense of, a 
            licensed broadcast organization or an organization exempt 
            from taxation under section 501(c)(3) of the Internal 
            Revenue Code of 1954.


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