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[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[S. 234 Introduced in Senate (IS)]

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.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Senior Government Officer Benefit 
Limitation Act of 1993''.

SEC. 2. PROHIBITION OF PERSONAL OR POLITICAL USE OF UNITED STATES 
              GOVERNMENT AIRCRAFT.

    (a) In General.--(1) Notwithstanding any other provision of law, no 
aircraft which is owned or leased by the United States Government 
(including military aircraft) may be used for--
            (A) any personal, political, or authorized special use 
        travel; or
            (B) any official travel which is mixed with personal or 
        political activities.
    (2) For purposes of this section the term ``authorized special 
use'' means use of a Government aircraft for the travel of an executive 
agency officer or employee, where the use of the Government aircraft is 
required because of bona fide communications or security needs of the 
agency or exceptional scheduling requirements.
    (b) Exceptions.--Subsection (a) shall not apply to use of aircraft 
by--
            (1) the President or his immediate family (subject to 
        reimbursement as provided under law);
            (2) the Vice President or his immediate family if the full 
        costs, including the costs of operating and maintaining such 
        aircraft, for such travel are reimbursed to the United States 
        Government; or
            (3) civilian personnel and their dependents in remote 
        locations for space available travel as authorized under 
        section 4744 of title 10, United States Code.
    (c) Certain Political Travel.--Notwithstanding any other provision 
of law or regulation, the reimbursement for political travel on 
Government aircraft during a Presidential election campaign shall be 
the commercial equivalent rate for applicable charter aircraft for such 
travel.
    (d) Reports on Use.--(1) Each executive agency which maintains or 
uses Government owned or leased aircraft (including military aircraft) 
shall--
            (A) require each traveler, except immediate family members 
        and the spouse of such a traveler who is a Federal officer or 
        employee, to certify that any travel on such aircraft is 
        necessary for official purposes; and
            (B) beginning on April 15, 1993, and on the fifteenth day 
        of every third month thereafter, submit a report to the 
        Administrator of the General Services Administration with 
        regard to the preceding 3-month period that--
                    (i) certifies that the use of such aircraft 
                complied with Office of Management and Budget Circular 
                A-126 as modified by the provisions of this Act; and
                    (ii) identifies each traveler on such aircraft.
    (2) After the receipt of each report, the Administrator shall 
review each certification to ensure that the use of such aircraft 
complied with Office of Management and Budget Circular A-126 as 
modified. The Administrator shall make the information in any such 
report available to the public.
    (e) Legislative Agencies.--Each agency in the legislative branch of 
the Government (including each office and committee of the Congress) 
shall submit reports comparable to the reports submitted under 
subsection (c), with the appropriate administrative office of such 
agency. The reports submitted under this subsection shall be made 
available to the public for inspection.

SEC. 3. GOLF COURSES.

    (a) Limitation.--No funds appropriated or otherwise made available 
to any agency may be expended to equip, operate, or maintain any golf 
course owned or operated by an agency. Any such golf course shall be 
operated by concessionaire contract and open to use by the general 
public.
    (b) Exception.--Subsection (a) shall not apply to--
            (1) any golf course located in a remote or isolated area or 
        those for the use of patients or residents at Veterans' 
        Administration Hospitals, United States Soldiers' and Airmen's 
        Home, or the National Institutes of Health; or
            (2) funds made available from gift funds or representation 
        funds for activities authorized under law.
    (c) Use of Funds.--No more than 10 percent of the gross revenues 
generated from the operations of any golf course to which subsection 
(a) applies may be retained by the contracting military base to support 
morale, welfare or recreational purposes of the personnel at such base. 
The Secretary of Defense shall submit annual reports to the Congress 
which identify in detail how the funds retained have been expended. The 
Secretary of Defense is authorized to subsidize the golf fees for 
active and retired enlisted personnel utilizing such contracted courses 
and give priority access for military personnel.
    (d) Effective Date.--The provisions of this section shall take 
effect no later than June 1, 1993.

SEC. 4. EXECUTIVE DINING FACILITIES.

    No funds appropriated or otherwise made available to any executive 
agency may be expended to subsidize the costs to equip, operate, or 
maintain dining rooms or kitchen facilities for the exclusive use of 
senior Government officers or to purchase or prepare food for 
consumption by such officers. This section shall not apply to dining 
rooms, facilities, or food for--
            (1) the exclusive use or consumption of the President of 
        the United States or his immediate family; or
            (2) use to carry out the official representational 
        functions of the President or for those official activities 
        conducted by executive branch departments or agencies for which 
        representation funds have been authorized and appropriated.

SEC. 5. LUXURY VEHICLES FOR TRANSPORTING GOVERNMENT OFFICERS.

    (a) Luxury Vehicles.--No funds appropriated or otherwise made 
available to any agency or the Congress may be expended to acquire, 
through lease or purchase, luxury vehicles for the purpose of 
transporting senior Government officers, except for--
            (1) a Government officer as authorized under section 1344 
        of title 31, United States Code;
            (2) a Government officer who holds the office of Assistant 
        Secretary or higher;
            (3) the head of any executive agency and the second highest 
        ranking officer in such agency;
            (4) officials commissioned by the President or paid at a 
        rate of pay equal to or greater than the rate payable for level 
        IV of the Executive Schedule in the Executive Office of the 
        President; or
            (5) Members of Congress serving in leadership positions 
        (including any former President pro tempore of the Senate) or 
        elected or appointed officers of the Congress.
    (b) Drivers.--(1) Subject to paragraph (2), no funds appropriated 
or otherwise made available to any agency may be expended to employ 
drivers for the exclusive use of transporting senior Government 
officers, except the officers described under subsection (a)(1) through 
(5).
    (2) The provisions of this subsection shall not be construed to 
prohibit the expenditure of funds to employ drivers of multipassenger 
vehicles, such as vans or buses, which are not luxury vehicles.
    (c) Purchase or Lease of Luxury Vehicles.--The General Services 
Administration, in consultation with the Office of Management and 
Budget shall prescribe regulations and uniform guidelines for all 
executive agencies for the purchase or lease of luxury vehicles for or 
by the United States Government, that shall ensure the least cost to 
the United States Government. On October 1, 1993, and on October 1 of 
each year thereafter, the General Services Administration shall submit 
a report to the Congress on--
            (1) executive agency compliance with such regulations;
            (2) the number of all vehicles purchased or leased by each 
        executive agency;
            (3) the costs of executive agency vehicle purchases or 
        leases;
            (4) the type of each such executive agency vehicle and the 
        purpose for which it is used; and
            (5) the identification of executive agency Federal officers 
        and employees who used such vehicles.
    (d) Legislative Agencies.--Each agency in the legislative branch of 
the Government (including each office and committee of the Congress) 
shall submit reports comparable to reports submitted under subsection 
(c) with the appropriate administrative offices of such agency.
    (e) Definition.--For purposes of this section the term ``luxury 
vehicle'' means a vehicle that is--
            (1) a class IV or V sedan (as classified under section 101-
        38.101-1 of title 41 of the Code of Federal Regulations as in 
        effect on the date of the enactment of this Act) or other large 
        sedan-type vehicle with above standard features; and
            (2) owned or leased by the United States Government.
    (f) Exception.--The provisions of this section shall not apply with 
regard to emergency vehicles or vehicles equipped for law enforcement 
purposes.
    (g) Regulations.--The Administrator of General Services shall issue 
regulations subject to the approval of the Office of Management and 
Budget, to implement the provisions of this section for executive 
agencies.

SEC. 6. PHYSICAL FITNESS FACILITIES.

    (a) Costs and Fees.--Subject to the provisions of subsection (c), 
no appropriated funds made available to any executive or legislative 
agency (including any office or committee of the Congress) shall be 
expended for the costs of membership or other fees for the use of 
physical fitness facilities, including exercise equipment and classes.
    (b) Administrative Leave.--No executive or legislative agency 
(including any office or committee of the Congress) may grant 
administrative leave to an employee for the purpose of physical fitness 
activities, except with regard to an employee described under 
subsection (c).
    (c) Exception.--(1) The provisions of subsections (a) and (b) shall 
not apply to any agency with regard to--
            (A) employees in positions which require such employees to 
        meet physical fitness standards as a condition of employment; 
        or
            (B) benefits provided to employees under a collective 
        bargaining agreement.
    (2) Funds for purposes described under subsection (a), may be 
expended only for the costs of maintaining the physical fitness of such 
employees.
    (d) Definition.--For purposes of this section the term ``physical 
fitness facility'' means any facility used for physical exercise that 
provides equipment and services for such use in addition to lockers and 
showers.

SEC. 7. MEDICAL SERVICES.

    (a) Limitation.--No funds appropriated or otherwise made available 
to an executive or legislative agency may be used for the provision of 
medical services provided by the Public Health Service, the employing 
agency, any other Federal agency or other medical service provider to a 
Government officer or employee.
    (b) Exception.--Subsection (a) shall not apply to medical 
services--
            (1) provided by agencies to Government officers or 
        employees in cases of emergency;
            (2) determined by the head of an agency to be in the best 
        interest of the agency such as occupational health and safety 
        programs, preventive health care, or environmental safety 
        programs;
            (3) provided to uniformed military personnel and military 
        retirees under law;
            (4) including medical and dental care provided under 
        section 1074 of title 10, United States Code, and regulations 
        issued pursuant thereto;
            (5) agency contributions for employee health plans under 
        chapter 89 of title 5, United States Code, or any other 
        provision of law; or
            (6) services required under the Americans with Disabilities 
        Act of 1990 (42 U.S.C. 12101 et seq.).
    (c) Regulations.--The Secretary of Health and Human Services and 
the Department of Defense, in consultation with the Office of Personnel 
Management, shall issue regulations for executive agencies that provide 
additional guidance including uniform fee schedules, as appropriate, to 
implement this section.

SEC. 8. SOUVENIRS.

    (a) Limitation.--No funds appropriated or otherwise made available 
to any executive or legislative agency or Congress may be used for the 
purchase or distribution of souvenirs.
    (b) Exception.--Subsection (a) shall not apply to those tokens or 
mementos authorized--
            (1) in guidelines to be issued by the Director of the 
        Office of Management and Budget prepared in consultation with 
        the Comptroller General of the United States; or
            (2) by law or resolution of the Congress.

SEC. 9. REDUCTION OF NONCAREER SENIOR EXECUTIVE SERVICE POSITIONS AND 
              SCHEDULE C POSITIONS.

    (a) Limitations.--The total number of Senior Executive Service 
positions in all executive agencies filled by noncareer appointees and 
the total number of positions in all executive agencies of a 
confidential or policy-determining character under schedule C of 
subpart C of part 213 of title 5 of the Code of Federal Regulations, 
shall each be reduced--
            (1) on no later than October 1, 1993, by 5 percent of the 
        respective total numbers of such positions as existed on 
        September 30, 1991;
            (2) on no later than October 1, 1994, by an additional 5 
        percent of the respective total numbers of such positions as 
        existed on September 30, 1991; and
            (3) on no later than October 1, 1995, and thereafter, by an 
        additional 5 percent of the respective total numbers of such 
        positions as existed on September 30, 1991.
    (b) Conforming Amendments.--(1) Section 3133 of title 5, United 
States Code, is amended by adding at the end thereof the following new 
subsection:
    ``(f) This section is subject to the limitations of section 9 of 
the Senior Government Officer Benefit Limitation Act of 1993.''.
    (2) Section 3134 of title 5, United States Code, is amended by 
adding at the end thereof the following new subsection:
    ``(f) This section is subject to the limitations of section 9 of 
the Senior Government Officer Benefit Limitation Act of 1993. The 
provisions of this subsection shall apply notwithstanding any other 
provision of this section. In the administration of this section, the 
percentages referred to in subsections (b), (c), (d), and (e) (relating 
to authority to employ certain appointees) shall each be reduced as 
necessary to carry out the provisions of this subsection.''.

SEC. 10. DEFINITIONS.

    For purposes of this Act the term--
            (1) ``executive agency'' means an Executive agency as such 
        term is defined under section 105 of title 5, United States 
        Code (except for the General Accounting Office) and includes 
        the Executive Office of the President; and
            (2) ``senior Government officer'' means any person--
                    (A) employed at a rate of pay specified in or fixed 
                according to subchapter II of chapter 53 of title 5, 
                United States Code;
                    (B) employed in a position in an executive agency, 
                including any independent agency, at a rate of pay 
                payable for level I of the Executive Schedule or 
                employed in the Executive Office of the President at a 
                rate of pay payable for level II of the Executive 
                Schedule;
                    (C) employed in an executive agency in a position 
                that is not referred to under paragraph (1) (other than 
                a position that is subject to pay adjustment under 
                section 1009 of title 37, United States Code) and for 
                which the basic rate of pay, exclusive of any locality-
                based pay adjustment under section 5304 of title 5, 
                United States Code (or any comparable adjustment 
                pursuant to interim authority of the President), is 
                equal to or greater than the rate of basic pay payable 
                for level V of the Executive Schedule;
                    (D) appointed by the President to a position under 
                section 105(a)(2) (A) or (B) of title 3, United States 
                Code, or by the Vice President to a position under 
                section 106(a)(1) (A) or (B) of title 3, United States 
                Code; or
                    (E) who is a Member of Congress, or an elected or 
                appointed officer of the Congress.

SEC. 11. REPORT.

    (a) In General.--No later than September 30, 1994, and on September 
30 of each year thereafter the Office of Management and Budget shall 
submit a report to the Congress on the compliance of the executive 
branch of Government with the provisions of this Act.
    (b) Senior Position Reductions.--No later than September 30, 1993, 
and again on September 30, 1994, the Office of Management and Budget 
shall submit a report to the Congress on the compliance of the 
executive branch of Government with the provisions of section 8 of this 
Act.

SEC. 12. GIFT FUNDS.

    In the administration of sections 3, 4, 5 and 8, restrictions on 
expenditures shall not be deemed to apply to gift funds that an agency 
is otherwise authorized to collect under law.

SEC. 13. REGULATIONS.

    Except as otherwise provided by this Act, regulations implementing 
the provisions of this Act shall be promulgated--
            (1) by the President, or his designee, with regard to each 
        executive agency; and
            (2)(A) by the Majority Leader and Minority Leader of the 
        Senate, or their designee, with regard to each office and 
        committee of the Senate;
            (B) by the Speaker of the House of Representatives, or his 
        designee, with regard to each office and committee of the House 
        of Representatives; and
            (C) by the Majority Leader and Minority Leader of the 
        Senate and the Speaker of the House of Representatives, or 
        their designee, with regard to any joint committee of the 
        Congress, or any agency of the legislative branch of 
        Government.

SEC. 14. NONAPPLICABILITY.

    The provisions of this Act shall not apply to the judicial branch 
of the Government.

SEC. 15. EFFECTIVE DATE.

    (a) In General.--Except as provided in subsection (b), the 
provisions of this Act shall be effective on and after October 1, 1993.
    (b) Exception.--The President, the Office of Management and Budget, 
and the Office of Personnel Management shall take such necessary 
actions on and after the date of the enactment of this Act to carry out 
the provisions of sections 9(a) and 11(b) of this Act.

                                 <all>

S 234 IS----2
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