II

103D CONGRESS

1ST SESSION S. 234

To prohibit the use of United States Government aircraft for political or

personal travel, limit certain benefits for senior Government officers,

and for other purposes.

IN THE SENATE OF THE UNITED STATES

JANUARY 27 (legislative day, JANUARY 5), 1993

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

referred to the Committee on Governmental Affairs

A BILL

To prohibit the use of United States Government aircraft

for political or personal travel, limit certain benefits for

senior Government officers, 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. SHORT TITLE.

4 This Act may be cited as the ‘‘Senior Government

5 Officer Benefit Limitation Act of 1993’’.

6 SEC. 2. PROHIBITION OF PERSONAL OR POLITICAL USE OF

7 UNITED STATES GOVERNMENT AIRCRAFT.

8 (a) IN GENERAL.—(1) Notwithstanding any other

9 provision of law, no aircraft which is owned or leased by
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1 the United States Government (including military air2 craft) may be used for—

3 (A) any personal, political, or authorized special

4 use travel; or

5 (B) any official travel which is mixed with per6 sonal or political activities.

7 (2) For purposes of this section the term ‘‘authorized

8 special use’’ means use of a Government aircraft for the

9 travel of an executive agency officer or employee, where

10 the use of the Government aircraft is required because of

11 bona fide communications or security needs of the agency

12 or exceptional scheduling requirements.

13 (b) EXCEPTIONS.—Subsection (a) shall not apply to

14 use of aircraft by—

15 (1) the President or his immediate family (sub16 ject to reimbursement as provided under law);

17 (2) the Vice President or his immediate family

18 if the full costs, including the costs of operating and

19 maintaining such aircraft, for such travel are reim20 bursed to the United States Government; or

21 (3) civilian personnel and their dependents in

22 remote locations for space available travel as author23 ized under section 4744 of title 10, United States

24 Code.
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1 (c) CERTAIN POLITICAL TRAVEL.—Notwithstanding

2 any other provision of law or regulation, the reimburse3 ment for political travel on Government aircraft during a

4 Presidential election campaign shall be the commercial

5 equivalent rate for applicable charter aircraft for such

6 travel.

7 (d) REPORTS ON USE.—(1) Each executive agency

8 which maintains or uses Government owned or leased air9 craft (including military aircraft) shall—

10 (A) require each traveler, except immediate

11 family members and the spouse of such a traveler

12 who is a Federal officer or employee, to certify that

13 any travel on such aircraft is necessary for official

14 purposes; and

15 (B) beginning on April 15, 1993, and on the

16 fifteenth day of every third month thereafter, submit

17 a report to the Administrator of the General Serv18 ices Administration with regard to the preceding 3-

19 month period that—

20 (i) certifies that the use of such aircraft

21 complied with Office of Management and Budg22 et Circular A–126 as modified by the provisions

23 of this Act; and

24 (ii) identifies each traveler on such air25 craft.
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1 (2) After the receipt of each report, the Adminis2 trator shall review each certification to ensure that the use

3 of such aircraft complied with Office of Management and

4 Budget Circular A–126 as modified. The Administrator

5 shall make the information in any such report available

6 to the public.

7 (e) LEGISLATIVE AGENCIES.—Each agency in the

8 legislative branch of the Government (including each office

9 and committee of the Congress) shall submit reports com10 parable to the reports submitted under subsection (c),

11 with the appropriate administrative office of such agency.

12 The reports submitted under this subsection shall be made

13 available to the public for inspection.

14 SEC. 3. GOLF COURSES.

15 (a) LIMITATION.—No funds appropriated or other16 wise made available to any agency may be expended to

17 equip, operate, or maintain any golf course owned or oper18 ated by an agency. Any such golf course shall be operated

19 by concessionaire contract and open to use by the general

20 public.

21 (b) EXCEPTION.—Subsection (a) shall not apply to—

22 (1) any golf course located in a remote or iso23 lated area or those for the use of patients or resi24 dents at Veterans’ Administration Hospitals, United
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1 States Soldiers’ and Airmen’s Home, or the National

2 Institutes of Health; or

3 (2) funds made available from gift funds or rep4 resentation funds for activities authorized under law.

5 (c) USE OF FUNDS.—No more than 10 percent of

6 the gross revenues generated from the operations of any

7 golf course to which subsection (a) applies may be retained

8 by the contracting military base to support morale, welfare

9 or recreational purposes of the personnel at such base.

10 The Secretary of Defense shall submit annual reports to

11 the Congress which identify in detail how the funds re12 tained have been expended. The Secretary of Defense is

13 authorized to subsidize the golf fees for active and retired

14 enlisted personnel utilizing such contracted courses and

15 give priority access for military personnel.

16 (d) EFFECTIVE DATE.—The provisions of this sec17 tion shall take effect no later than June 1, 1993.

18 SEC. 4. EXECUTIVE DINING FACILITIES.

19 No funds appropriated or otherwise made available

20 to any executive agency may be expended to subsidize the

21 costs to equip, operate, or maintain dining rooms or kitch22 en facilities for the exclusive use of senior Government of23 ficers or to purchase or prepare food for consumption by

24 such officers. This section shall not apply to dining rooms,

25 facilities, or food for—
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1 (1) the exclusive use or consumption of the

2 President of the United States or his immediate

3 family; or

4 (2) use to carry out the official representational

5 functions of the President or for those official activi6 ties conducted by executive branch departments or

7 agencies for which representation funds have been

8 authorized and appropriated.

9 SEC. 5. LUXURY VEHICLES FOR TRANSPORTING GOVERN10 MENT OFFICERS.

11 (a) LUXURY VEHICLES.—No funds appropriated or

12 otherwise made available to any agency or the Congress

13 may be expended to acquire, through lease or purchase,

14 luxury vehicles for the purpose of transporting senior Gov15 ernment officers, except for—

16 (1) a Government officer as authorized under

17 section 1344 of title 31, United States Code;

18 (2) a Government officer who holds the office of

19 Assistant Secretary or higher;

20 (3) the head of any executive agency and the

21 second highest ranking officer in such agency;

22 (4) officials commissioned by the President or

23 paid at a rate of pay equal to or greater than the

24 rate payable for level IV of the Executive Schedule

25 in the Executive Office of the President; or
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1 (5) Members of Congress serving in leadership

2 positions (including any former President pro tem3 pore of the Senate) or elected or appointed officers

4 of the Congress.

5 (b) DRIVERS.—(1) Subject to paragraph (2), no

6 funds appropriated or otherwise made available to any

7 agency may be expended to employ drivers for the exclu8 sive use of transporting senior Government officers, except

9 the officers described under subsection (a)(1) through (5).

10 (2) The provisions of this subsection shall not be con11 strued to prohibit the expenditure of funds to employ driv12 ers of multipassenger vehicles, such as vans or buses,

13 which are not luxury vehicles.

14 (c) PURCHASE OR LEASE OF LUXURY VEHICLES.—

15 The General Services Administration, in consultation with

16 the Office of Management and Budget shall prescribe reg17 ulations and uniform guidelines for all executive agencies

18 for the purchase or lease of luxury vehicles for or by the

19 United States Government, that shall ensure the least cost

20 to the United States Government. On October 1, 1993,

21 and on October 1 of each year thereafter, the General

22 Services Administration shall submit a report to the Con23 gress on—

24 (1) executive agency compliance with such regu25 lations;
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1 (2) the number of all vehicles purchased or

2 leased by each executive agency;

3 (3) the costs of executive agency vehicle pur4 chases or leases;

5 (4) the type of each such executive agency vehi6 cle and the purpose for which it is used; and

7 (5) the identification of executive agency Fed8 eral officers and employees who used such vehicles.

9 (d) LEGISLATIVE AGENCIES.—Each agency in the

10 legislative branch of the Government (including each office

11 and committee of the Congress) shall submit reports com12 parable to reports submitted under subsection (c) with the

13 appropriate administrative offices of such agency.

14 (e) DEFINITION.—For purposes of this section the

15 term ‘‘luxury vehicle’’ means a vehicle that is—

16 (1) a class IV or V sedan (as classified under

17 section 101–38.101–1 of title 41 of the Code of Fed18 eral Regulations as in effect on the date of the en19 actment of this Act) or other large sedan-type vehi20 cle with above standard features; and

21 (2) owned or leased by the United States Gov22 ernment.

23 (f) EXCEPTION.—The provisions of this section shall

24 not apply with regard to emergency vehicles or vehicles

25 equipped for law enforcement purposes.
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1 (g) REGULATIONS.—The Administrator of General

2 Services shall issue regulations subject to the approval of

3 the Office of Management and Budget, to implement the

4 provisions of this section for executive agencies.

5 SEC. 6. PHYSICAL FITNESS FACILITIES.

6 (a) COSTS AND FEES.—Subject to the provisions of

7 subsection (c), no appropriated funds made available to

8 any executive or legislative agency (including any office

9 or committee of the Congress) shall be expended for the

10 costs of membership or other fees for the use of physical

11 fitness facilities, including exercise equipment and classes.

12 (b) ADMINISTRATIVE LEAVE.—No executive or legis13 lative agency (including any office or committee of the

14 Congress) may grant administrative leave to an employee

15 for the purpose of physical fitness activities, except with

16 regard to an employee described under subsection (c).

17 (c) EXCEPTION.—(1) The provisions of subsections

18 (a) and (b) shall not apply to any agency with regard to—

19 (A) employees in positions which require such

20 employees to meet physical fitness standards as a

21 condition of employment; or

22 (B) benefits provided to employees under a col23 lective bargaining agreement.
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1 (2) Funds for purposes described under subsection

2 (a), may be expended only for the costs of maintaining

3 the physical fitness of such employees.

4 (d) DEFINITION.—For purposes of this section the

5 term ‘‘physical fitness facility’’ means any facility used for

6 physical exercise that provides equipment and services for

7 such use in addition to lockers and showers.

8 SEC. 7. MEDICAL SERVICES.

9 (a) LIMITATION.—No funds appropriated or other10 wise made available to an executive or legislative agency

11 may be used for the provision of medical services provided

12 by the Public Health Service, the employing agency, any

13 other Federal agency or other medical service provider to

14 a Government officer or employee.

15 (b) EXCEPTION.—Subsection (a) shall not apply to

16 medical services—

17 (1) provided by agencies to Government officers

18 or employees in cases of emergency;

19 (2) determined by the head of an agency to be

20 in the best interest of the agency such as occupa21 tional health and safety programs, preventive health

22 care, or environmental safety programs;

23 (3) provided to uniformed military personnel

24 and military retirees under law;
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1 (4) including medical and dental care provided

2 under section 1074 of title 10, United States Code,

3 and regulations issued pursuant thereto;

4 (5) agency contributions for employee health

5 plans under chapter 89 of title 5, United States

6 Code, or any other provision of law; or

7 (6) services required under the Americans with

8 Disabilities Act of 1990 (42 U.S.C. 12101 et seq.).

9 (c) REGULATIONS.—The Secretary of Health and

10 Human Services and the Department of Defense, in con11 sultation with the Office of Personnel Management, shall

12 issue regulations for executive agencies that provide addi13 tional guidance including uniform fee schedules, as appro14 priate, to implement this section.

15 SEC. 8. SOUVENIRS.

16 (a) LIMITATION.—No funds appropriated or other17 wise made available to any executive or legislative agency

18 or Congress may be used for the purchase or distribution

19 of souvenirs.

20 (b) EXCEPTION.—Subsection (a) shall not apply to

21 those tokens or mementos authorized—

22 (1) in guidelines to be issued by the Director of

23 the Office of Management and Budget prepared in

24 consultation with the Comptroller General of the

25 United States; or
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1 (2) by law or resolution of the Congress.

2 SEC. 9. REDUCTION OF NONCAREER SENIOR EXECUTIVE

3 SERVICE POSITIONS AND SCHEDULE C POSI4 TIONS.

5 (a) LIMITATIONS.—The total number of Senior Exec6 utive Service positions in all executive agencies filled by

7 noncareer appointees and the total number of positions in

8 all executive agencies of a confidential or policy-determin9 ing character under schedule C of subpart C of part 213

10 of title 5 of the Code of Federal Regulations, shall each

11 be reduced—

12 (1) on no later than October 1, 1993, by 5 per13 cent of the respective total numbers of such posi14 tions as existed on September 30, 1991;

15 (2) on no later than October 1, 1994, by an ad16 ditional 5 percent of the respective total numbers of

17 such positions as existed on September 30, 1991;

18 and

19 (3) on no later than October 1, 1995, and

20 thereafter, by an additional 5 percent of the respec21 tive total numbers of such positions as existed on

22 September 30, 1991.

23 (b) CONFORMING AMENDMENTS.—(1) Section 3133

24 of title 5, United States Code, is amended by adding at

25 the end thereof the following new subsection:
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1 ‘‘(f) This section is subject to the limitations of sec2 tion 9 of the Senior Government Officer Benefit Limita3 tion Act of 1993.’’.

4 (2) Section 3134 of title 5, United States Code, is

5 amended by adding at the end thereof the following new

6 subsection:

7 ‘‘(f) This section is subject to the limitations of sec8 tion 9 of the Senior Government Officer Benefit Limita9 tion Act of 1993. The provisions of this subsection shall

10 apply notwithstanding any other provision of this section.

11 In the administration of this section, the percentages re12 ferred to in subsections (b), (c), (d), and (e) (relating to

13 authority to employ certain appointees) shall each be re14 duced as necessary to carry out the provisions of this sub15 section.’’.

16 SEC. 10. DEFINITIONS.

17 For purposes of this Act the term—

18 (1) ‘‘executive agency’’ means an Executive

19 agency as such term is defined under section 105 of

20 title 5, United States Code (except for the General

21 Accounting Office) and includes the Executive Office

22 of the President; and

23 (2) ‘‘senior Government officer’’ means any per24 son—
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1 (A) employed at a rate of pay specified in

2 or fixed according to subchapter II of chapter

3 53 of title 5, United States Code;

4 (B) employed in a position in an executive

5 agency, including any independent agency, at a

6 rate of pay payable for level I of the Executive

7 Schedule or employed in the Executive Office of

8 the President at a rate of pay payable for level

9 II of the Executive Schedule;

10 (C) employed in an executive agency in a

11 position that is not referred to under paragraph

12 (1) (other than a position that is subject to pay

13 adjustment under section 1009 of title 37,

14 United States Code) and for which the basic

15 rate of pay, exclusive of any locality-based pay

16 adjustment under section 5304 of title 5, Unit17 ed States Code (or any comparable adjustment

18 pursuant to interim authority of the President),

19 is equal to or greater than the rate of basic pay

20 payable for level V of the Executive Schedule;

21 (D) appointed by the President to a posi22 tion under section 105(a)(2) (A) or (B) of title

23 3, United States Code, or by the Vice President

24 to a position under section 106(a)(1) (A) or (B)

25 of title 3, United States Code; or
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1 (E) who is a Member of Congress, or an

2 elected or appointed officer of the Congress.

3 SEC. 11. REPORT.

4 (a) IN GENERAL.—No later than September 30,

5 1994, and on September 30 of each year thereafter the

6 Office of Management and Budget shall submit a report

7 to the Congress on the compliance of the executive branch

8 of Government with the provisions of this Act.

9 (b) SENIOR POSITION REDUCTIONS.—No later than

10 September 30, 1993, and again on September 30, 1994,

11 the Office of Management and Budget shall submit a re12 port to the Congress on the compliance of the executive

13 branch of Government with the provisions of section 8 of

14 this Act.

15 SEC. 12. GIFT FUNDS.

16 In the administration of sections 3, 4, 5 and 8, re17 strictions on expenditures shall not be deemed to apply

18 to gift funds that an agency is otherwise authorized to

19 collect under law.

20 SEC. 13. REGULATIONS.

21 Except as otherwise provided by this Act, regulations

22 implementing the provisions of this Act shall be promul23 gated—

24 (1) by the President, or his designee, with re25 gard to each executive agency; and
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1 (2)(A) by the Majority Leader and Minority

2 Leader of the Senate, or their designee, with regard

3 to each office and committee of the Senate;

4 (B) by the Speaker of the House of Representa5 tives, or his designee, with regard to each office and

6 committee of the House of Representatives; and

7 (C) by the Majority Leader and Minority Lead8 er of the Senate and the Speaker of the House of

9 Representatives, or their designee, with regard to

10 any joint committee of the Congress, or any agency

11 of the legislative branch of Government.

12 SEC. 14. NONAPPLICABILITY.

13 The provisions of this Act shall not apply to the judi14 cial branch of the Government.

15 SEC. 15. EFFECTIVE DATE.

16 (a) IN GENERAL.—Except as provided in subsection

17 (b), the provisions of this Act shall be effective on and

18 after October 1, 1993.

19 (b) EXCEPTION.—The President, the Office of Man20 agement and Budget, and the Office of Personnel Manage21 ment shall take such necessary actions on and after the

22 date of the enactment of this Act to carry out the provi23 sions of sections 9(a) and 11(b) of this Act.

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