II

104TH CONGRESS

2D SESSION S. 1827

To prohibit foreign travel by outgoing political appointees and Members

of Congress, and for other purposes.

IN THE SENATE OF THE UNITED STATES

JUNE 4, 1996

Mr. LAUTENBERG introduced the following bill; which was read twice and

referred to the Committee on Governmental Affairs

A BILL

To prohibit foreign travel by outgoing political appointees

and Members of Congress, and for other purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. LIMITATION OF FOREIGN TRAVEL BY CERTAIN

4 POLITICAL APPOINTEES DURING POST PRES5 IDENTIAL ELECTION PERIOD.

6 (a) IN GENERAL.—Subchapter I of chapter 57 of title

7 5, United States Code, is amended by adding at the end

8 thereof the following new section:
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1 ‘‘§ 5710. Limitation of travel of political appointees

2 during certain post Presidential election

3 periods

4 ‘‘(a) For purposes of this section the term—

5 ‘‘(1) ‘political appointee’ means any individual

6 who serves—

7 ‘‘(A) in a Senior Executive Service position

8 and is not a career appointee as defined under

9 section 3132(a)(4);

10 ‘‘(B) in a position under the Executive

11 Schedule pursuant to subchapter II of chapter

12 53; or

13 ‘‘(C) in a position of a confidential or pol14 icy-determining character under schedule C of

15 subpart C of part 213 of title 5 of the Code of

16 Federal Regulations; and

17 ‘‘(2) ‘post Presidential election period’ means

18 any period beginning on the date immediately follow19 ing the date of the first Tuesday following the first

20 Monday in November on which the general election

21 of the President occurs, and ending on the January

22 20 following such an election.

23 ‘‘(b) Subject to the provisions of subsection (c), travel

24 by a political appointee may not be paid for under the

25 provisions of this subchapter or any other provision of law,

26 if such travel—
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1 ‘‘(1) is outside of the United States; and

2 ‘‘(2) occurs during a post Presidential election

3 period after which the incumbent President shall not

4 return for another term of office as President.

5 ‘‘(c)(1) The provisions of subsection (b) shall not

6 apply to travel by the Secretary of State, the Secretary

7 of Defense, the United States Trade Representative, or

8 political appointees who are accompanying these individ9 uals on affected travel.

10 ‘‘(2) The President may waive the provisions of sub11 section (b) with regard to any travel if the President

12 makes a written determination that such travel—

13 ‘‘(A) cannot reasonably be postponed until after

14 the post Presidential election period; and

15 ‘‘(B) is essential to protect or promote vital na16 tional interests.’’.

17 (b) TECHNICAL AND CONFORMING AMENDMENTS.—

18 The table of sections for chapter 57 of title 5, United

19 States Code, is amended by inserting after the item relat20 ing to section 5709 the following:

‘‘5710. Limitation of travel of political appointees during certain post Presidential election periods.’’.

21 SEC. 2. LIMITATION OF FOREIGN TRAVEL BY CERTAIN

22 MEMBERS OF CONGRESS DURING ELECTION

23 PERIODS.

24 (a) LIMITATION.—
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1 (1) IN GENERAL.—Except as provided in sub2 section (b), no funds may be expended for travel by

3 a Member of Congress if such travel—

4 (A) is outside of the United States; and

5 (B) occurs after the date that is 180 days

6 prior to the end of the term of service or date

7 of retirement of the Member of Congress.

8 (2) DATE OF RETIREMENT.—For purposes of

9 this subsection, the date of retirement is the date on

10 which the Member is to retire as a Member of Con11 gress, pursuant to a public announcement by or on

12 behalf of the Member.

13 (b) WAIVER.—

14 (1) IN GENERAL.—The Speaker of the House of

15 Representatives, with respect to Members of the

16 House of Representatives, and the President pro

17 tempore of the Senate, with respect to Members of

18 the Senate, may waive the prohibition on travel

19 under this section if the travel is determined to be

20 in the interest of the House of Representatives or

21 the Senate, respectively, and the United States.

22 (2) STATEMENT.—

23 (A) IN GENERAL.—Except as provided in

24 subparagraph (B) and if a waiver is granted

25 under this subsection, a statement of the waiver
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1 shall be printed in the Congressional Record as

2 soon as practicable and shall include a detailed

3 description of the travel involved, the purpose of

4 travel, and an estimate of the costs of the trav5 el.

6 (B) EXCEPTION.—If the Speaker of the

7 House of Representatives or the President pro

8 tempore of the Senate determines that publica9 tion of such a statement would jeopardize na10 tional security, or otherwise compromise vital

11 national interests, no statement is required.

12 (c) DEFINITION.—For purposes of this section the

13 term ‘‘Member of Congress’’ includes any Delegate or

14 Resident Commissioner to the Congress.

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