[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[S. 138 Introduced in Senate (IS)]







105th CONGRESS
  1st Session
                                 S. 138

 To eliminate certain benefits for Members of Congress, and for other 
                               purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            January 21, 1997

 Mr. Faircloth introduced the following bill; which was read twice and 
           referred to the Committee on Governmental Affairs

_______________________________________________________________________

                                 A BILL


 
 To eliminate certain benefits for Members of Congress, 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 ``Government Reform Act''.

SEC. 2. LIMITATION ON RETIREMENT COVERAGE FOR MEMBERS OF CONGRESS.

    (a) In General.--Notwithstanding any other provision of law, 
effective at the beginning of the Congress next beginning after the 
date of the enactment of this Act, a Member of Congress shall be 
ineligible to participate in the Civil Service Retirement System or the 
Federal Employees' Retirement System, except as otherwise provided 
under this section.
    (b) Participation in the Thrift Savings Plan.--Notwithstanding 
subsection (a), a Member may participate in the Thrift Savings Plan 
subject to section 8351 of title 5, United States Code, at anytime 
during the 12-year period beginning on the date the Member begins his 
or her first term.
    (c) Refunds of Contributions.--
            (1) In general.--Nothing in subsection (a) shall prevent 
        refunds from being made, in accordance with otherwise 
        applicable provisions of law (including those relating to the 
        Thrift Savings Plan), on account of an individual's becoming 
        ineligible to participate in the Civil Service Retirement 
        System or the Federal Employees' Retirement System (as the case 
        may be) as a result of the enactment of this section.
            (2) Treatment of refund.--For purposes of any refund 
        referred to in paragraph (1), a Member who so becomes 
        ineligible to participate in either of the retirement systems 
        referred to in paragraph (1) shall be treated in the same way 
        as if separated from service.
    (d) Annuities Not Affected to the Extent Based on Prior Service.--
Subsection (a) shall not be considered to affect--
            (1) any annuity (or other benefit) entitlement to which is 
        based on a separation from service occurring before the date of 
        the enactment of this Act (including any survivor annuity based 
        on the death of the individual who so separated); or
            (2) any other annuity (or benefit), to the extent provided 
        under subsection (e).
    (e) Preservations of Rights Based on Prior Service.--
            (1) In general.--For purposes of determining eligibility 
        for, or the amount of, any annuity (or other benefit) referred 
        to in subsection (d)(2) based on service as a Member of 
        Congress--
                    (A) all service as a Member of Congress shall be 
                disregarded except for any such service performed 
                before the date of the enactment of this Act; and
                    (B) all pay for service performed as a Member of 
                Congress shall be disregarded other than pay for 
                service which may be taken into account under 
                subparagraph (A).
            (2) Preservation of rights.--To the extent practicable, 
        eligibility for, and the amount of, any annuity (or other 
        benefit) to which an individual is entitled based on a 
        separation of a Member of Congress occurring after such Member 
        becomes ineligible to participate in the Civil Service 
        Retirement System or the Federal Employees' Retirement System 
        (as the case may be) by reason of subsection (a) shall be 
        determined in a manner that preserves any rights to which the 
        Member would have been entitled, as of the date of the 
        enactment of this Act, had separation occurred on such date.
    (f) Regulations.--Any regulations necessary to carry out this 
section may be prescribed by the Office of Personnel Management and the 
Executive Director (referred to in section 8401(13) of title 5, United 
States Code) with respect to matters within their respective areas of 
responsibility.
    (g) Definition.--As used in this section, the terms ``Member of 
Congress'' and ``Member'' mean any individual under section 8331(2) or 
8401(20) of title 5, United States Code.
    (h) Rule of Construction.--Nothing in this section shall be 
considered to apply with respect to any savings plan or other matter 
outside of subchapter III of chapter 83 or chapter 84 of title 5, 
United States Code.

SEC. 3. DISCLOSURE OF ESTIMATES OF FEDERAL RETIREMENT BENEFITS OF 
              MEMBERS OF CONGRESS.

    (a) In General.--Section 105(a) of the Legislative Branch 
Appropriations Act, 1965 (2 U.S.C. 104a; Public Law 88-454; 78 Stat. 
550) is amended by adding at the end thereof the following new 
paragraph:
    ``(4) The Secretary of the Senate and the Clerk of the House of 
Representatives shall include in each report submitted under paragraph 
(1), with respect to Members of Congress, as applicable--
            ``(A) the total amount of individual contributions made by 
        each Member to the Civil Service Retirement and Disability Fund 
        and the Thrift Savings Fund under chapters 83 and 84 of title 
        5, United States Code, for all Federal service performed by the 
        Member as a Member of Congress and as a Federal employee;
            ``(B) an estimate of the annuity each Member would be 
        entitled to receive under chapters 83 and 84 of such title 
        based on the earliest possible date to receive annuity payments 
        by reason of retirement (other than disability retirement) 
        which begins after the date of expiration of the term of office 
        such Member is serving; and
            ``(C) any other information necessary to enable the public 
        to accurately compute the Federal retirement benefits of each 
        Member based on various assumptions of years of service and age 
        of separation from service by reason of retirement.''.
    (b) Effective Date.--This section shall take effect 1 year after 
the date of the enactment of this Act.

SEC. 4. ELIMINATION OF AUTOMATIC ANNUITY ADJUSTMENTS FOR MEMBERS OF 
              CONGRESS.

    The portion of the annuity of a Member of Congress which is based 
solely on service as a Member of Congress shall not be subject to a 
cost-of-living adjustment under section 8340 or 8462 of title 5, United 
States Code.

SEC. 5. ELIMINATION OF AUTOMATIC PAY ADJUSTMENTS FOR MEMBERS OF 
              CONGRESS.

    (a) Pay Adjustments.--Paragraph (2) of section 601(a) of the 
Legislative Reorganization Act of 1946 (2 U.S.C. 31) is repealed.
    (b) Conforming Amendment.--Section 601(a)(1) of such Act is 
amended--
            (1) by striking ``(a)(1)'' and inserting ``(a)'';
            (2) by redesignating subparagraphs (A), (B), and (C) as 
        paragraphs (1), (2), and (3), respectively; and
            (3) by striking ``, as adjusted by paragraph (2) of this 
        subsection''.

SEC. 6. ROLLCALL VOTE FOR ANY CONGRESSIONAL PAY RAISE.

    It shall not be in order in the Senate or the House of 
Representatives to dispose of any amendment, bill, resolution, motion, 
or other matter relating to the pay of Members of Congress unless the 
matter is decided by a rollcall vote.

SEC. 7. BAN ON MASS MAILINGS.

    (a) In General.--Paragraph (6)(A) of section 3210(a) of title 39, 
United States Code, is amended to read as follows:
    ``(6)(A) It is the intent of Congress that a Member of, or Member-
elect to, Congress may not mail any mass mailing as franked mail.''.
    (b) Technical and Conforming Amendments.--
            (1) The second sentence of section 3210(c) of title 39, 
        United States Code, is amended by striking ``subsection (a) (4) 
        and (5)'' and inserting ``subsection (a) (4), (5), and (6)''.
            (2) Section 3210 of title 39, United States Code, is 
        amended--
                    (A) in subsection (a)(3)--
                            (i) in subparagraph (G) by striking ``, 
                        including general mass mailings,''; and
                            (ii) in subparagraphs (I) and (J) by 
                        striking ``or other general mass mailing'';
                    (B) in subsection (a)(6) by repealing subparagraphs 
                (B), (C), and (F), and the second sentence of 
                subparagraph (D);
                    (C) by repealing paragraph (7) of subsection (a); 
                and
                    (D) by repealing subsection (f).
            (3) Section 316(a) of the Legislative Branch Appropriations 
        Act, 1990 (39 U.S.C. 3210 note) is repealed.
            (4) Subsection (f) of section 311 of the Legislative Branch 
        Appropriations Act, 1991 (2 U.S.C. 59e(f)) is repealed.
    (c) Effective Date.--The amendments made by this section shall take 
effect at the beginning of the Congress next beginning after the date 
of the enactment of this Act.

SEC. 8. RESTRICTIONS ON USE OF MILITARY AIR COMMAND BY MEMBERS OF 
              CONGRESS.

    (a) Restrictions.--
            (1) In general.--Chapter 157 of title 10, United States 
        Code, is amended by adding at the end the following:
``Sec. 2646. Restrictions on provision of air transportation to Members 
              of Congress
    ``(a) Restrictions.--A Member of Congress may not receive 
transportation in an aircraft of the Military Air Command unless--
            ``(1) the transportation is provided on a space-available 
        basis as part of the scheduled operations of the military 
        aircraft unrelated to the provision of transportation to 
        Members of Congress;
            ``(2) the use of the military aircraft is necessary because 
        the destination of the Member of Congress, or an airfield 
        located within reasonable distance of the destination, is not 
        accessible by regularly scheduled flights of commercial 
        aircraft; or
            ``(3) the use of the military aircraft is the least 
        expensive method for the Member of Congress to reach the 
        destination by aircraft, as demonstrated by information 
        released before the trip by the member or committee of Congress 
        sponsoring the trip.
    ``(b) Destination.--In connection with transportation provided 
under subsection (a)(1), the destination of the military aircraft may 
not be selected to accommodate the travel plans of the Member of 
Congress requesting such transportation.
    ``(c) Aircraft Defined.--For purposes of this section, the term 
`aircraft' includes both fixed-wing airplanes and helicopters.''.
            (2) Amendment to table of sections.--The table of sections 
        at the beginning of such chapter is amended by adding at the 
        end the following:

``2643. Restrictions on provision of air transportation to Members of 
                            Congress.''.
    (b) Effect on Members Currently Receiving Transportation.--Section 
2646 of title 10, United States Code, as added by subsection (a), shall 
not apply with respect to a Member of Congress who, as of the date of 
the enactment of this Act, is receiving air transportation or is 
scheduled to receive transportation in an aircraft of the Military Air 
Command until the Member completes the travel plans for which the 
transportation is being provided or scheduled.

SEC. 9. PROHIBITION ON USE OF MILITARY MEDICAL TREATMENT FACILITIES BY 
              MEMBERS OF CONGRESS.

    (a) Prohibition.--
            (1) In general.--Chapter 55 of title 10, United States 
        Code, is amended by adding at the end the following:
``Sec. 1107. Prohibition on provision of medical and dental care to 
              Members of Congress
    ``A Member of Congress may not receive medical or dental care in 
any facility of any uniformed service unless--
            ``(1) the Member of Congress is eligible or entitled to 
        such care as a member or former member of a uniformed service 
        or as a covered beneficiary; or
            ``(2) such care is provided on an emergency basis unrelated 
        to the person's status as a Member of Congress.''.
            (2) Amendment to table of sections.--The table of sections 
        at the beginning of such chapter is amended by adding at the 
        end the following:

``1107. Prohibition on provision of medical and dental care to Members 
                            of Congress.''.
    (b) Effect on Members Currently Receiving Care.--Section 1107 of 
title 10, United States Code, as added by subsection (a), shall not 
apply with respect to a Member of Congress who is receiving medical or 
dental care in a facility of the uniformed services on the date of the 
enactment of this Act until the Member is discharged from that 
facility.

SEC. 10. ELIMINATION OF CERTAIN RESERVED PARKING AREAS AT WASHINGTON 
              NATIONAL AIRPORT AND WASHINGTON DULLES INTERNATIONAL 
              AIRPORT.

    (a) In General.--Effective 30 days after the date of the enactment 
of this section, the Airports Authority--
            (1) shall not provide any reserved parking areas free of 
        charge to Members of Congress, other Government officials, or 
        diplomats at Washington National Airport or Washington Dulles 
        International Airport; and
            (2) shall establish a parking policy for such airports that 
        provides equal access to the public, and does not provide 
        preferential parking privileges to Members of Congress, other 
        Government officials, or diplomats.
    (b) Definitions.--As used in this section, the terms ``Airports 
Authority'', ``Washington National Airport'', and ``Washington Dulles 
International Airport'' have the same meanings as in section 6004 of 
the Metropolitan Washington Airports Act of 1986 (49 U.S.C. App. 2453).

SEC. 11. PHYSICAL FITNESS FACILITIES.

    (a) Costs and Fees.--Subject to the provisions of subsection (c), 
all costs to equip, operate, and maintain physical fitness facilities 
for use by Federal employees shall be fully paid by the users of such 
facilities and no appropriated funds made available to any executive 
agency 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 agency may grant 
administrative leave to Federal employees for the purpose of physical 
fitness activities, except with regard to a Federal employee described 
under subsection (c).
    (c) Exception.--The provisions of subsections (a) and (b) shall not 
apply to any executive agency with regard to employees in positions 
which require such employees to meet physical fitness standards as a 
condition of employment. 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. 12. 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. 13. 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. 14. 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.
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