U.S. Senate ftp Server Usage Rules and Policies

I. Policy

1. The United States Senate FTP Server ("FTP Server") will provide read- only access to information files Senate offices may choose to make available to the general public. It is the policy of the Senate that the privilege of using the FTP Server be established in these rules in order to assist and expedite the conduct of the official business, activities, and duties of the United States Senate.

2. It is not the intention of the Senate that the FTP Server be used as a repository for official records. Official records such as those produced by the Secretary of the Senate are not to be placed on the FTP Server unless otherwise approved by the Secretary of the Senate and prepared in accordance with Section 501 of Title 44 of the United States Code. Such records include, but are not limited to: bills, public laws, committee reports, and other legislative materials.

B. Scope

1. The Vice President, each Member of the Senate, the Secretary of the Senate, the Sergeant at Arms of the Senate, Senate Committees, the Legislative Counsel of the Senate, and the Senate Legal Counsel may transmit to the FTP Server information files which contain matter relating to their official business, activities, and duties, as intended by the Senate and set forth in subsections C, D, and E.

2. If a vacancy occurs in the Office of the Secretary of the Senate, the Sergeant at Arms of the Senate, the Legislative Counsel of the Senate, or the Senate Legal Counsel any authorized person may exercise the FTP Server Privilege in the officer's name during the period of the vacancy.

C. Materials Which May Be Placed on the FTP Server

1. It is the intent of the Senate that matters which may be transmitted to the FTP Server specifically include, but are not limited to:

(a) matter regarding programs, decisions, and other related materials of public concern or public service, including any matter relating to actions of a past or current Congress;

(b) the usual and customary Senate newsletter or press release which may deal with such matters as the impact of laws and decisions on State and local governments and individual citizens; reports on public and official actions taken by Members of Congress; and discussions of proposed or pending legislation or governmental actions and the positions of the Members of Congress on, and arguments for or against, such matters;

(c) the usual and customary congressional questionnaire seeking public opinion on any law, pending or proposed legislation, public issue, or subject;

(d) matter which consists of voter registration or election information or assistance prepared in a nonpartisan manner;

(e) matter which constitutes or includes a biography or autobiography of any Senator, or any biographical or autobiographical material concerning such Senator or the spouse or other members of the family of such Senator;

(f) matter which constitutes or includes a personnel directory or similar information about a Senator's office.

D. Materials Which May Not Be Placed on the FTP Server

1. It is the intent of the Senate that matters which may not be transmitted to the FTP Server specifically include, but are not limited to:

(a) Personal Matter

(i) matter which in its nature is purely personal and is unrelated to the official business, activities, and duties of the public officials;

(ii) matter which constitutes or includes any article, account, sketch, narration, or other text laudatory and complimentary of any Senator on a purely personal or political basis rather than on the basis of performance of official duties as a Senator;

(iii) reports of how or when such Senator or the spouse or any other member of the family of such Senator spends time other than in the performance of, or in connection with, the legislative, representative, and other official functions of such Senator;

(iv) any transmission expressing holiday greetings from a Senator. This prohibition does not preclude an expression of holiday greetings at the commencement or conclusion of an otherwise proper transmission.

(b) Political Matter

(i) matter which specifically solicits political support for the sender or any other person or any political party, or a vote or financial assistance for any candidate for any political office;

(ii) matter which mentions that the Senator or an employee of a Senator is a candidate for political office, or which constitutes electioneering, or which advocates the election or defeat of any individuals, or a political party. The use of the political designation "D" or "R" when used for purposes of party identification in an otherwise proper transmission is not prohibited.

(c) Solicitation of Funds

(i) no solicitation of funds for any purpose may be made on the FTP Server.

E. Restrictions on the Use of the FTP Server Prior to an Election

1. No Member may place or keep on the FTP Server any matter, except personnel directories, during the 60 day period immediately before the date of any primary or general election (whether regular, special, or runoff) for any national, state, or local office in which the Senator is a candidate for election.

2. No Member may place or keep on the FTP Server any matter, except personnel directories, during the 60 day period immediately before the date of a biennial general Federal election.

II. Responsibilities

1. The FTP Server privilege is the personal responsibility of each Senator. While individual employees within the office of a Senator have the day-to-day use of the FTP Server as directed by the Senator, it remains the responsibility of the Senator to oversee the use of the FTP Server privilege by his or her office and to ensure that the use of the privilege is consistent with the requirements established by statute, these rules, the Standing Rules of the Senate, Interpretative Rulings of the Select Committee on Ethics, Regulations established by the Committee on Rules and Administration, and any other applicable statutes, regulations, and rules of the Senate. An improper use of the FTP Server will be imputed to the employing Senator under most circumstances. To help avoid violations, Senators should provide for the training and supervision of employees and their familiarization with these regulations.

2. As with the use of other Internet services by Senate offices, the "Acceptable Use Policy" of the National Science Foundation's (NSF) NSFNET "backbone" is applicable to all Senate use of the FTP Server. This policy (see Attachment I) governs all uses of Internet services traversing the network backbone provided in the United States by the NSF.