[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 761 Introduced in Senate (IS)]

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117th CONGRESS
  1st Session
                                 S. 761

    To require the publication of fossil-fuel powered travel by the 
President, the Vice President, and political appointees, and for other 
                               purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             March 16, 2021

   Ms. Ernst (for herself, Mr. Cotton, Mrs. Capito, and Mr. Scott of 
   Florida) introduced the following bill; which was read twice and 
referred to the Committee on Homeland Security and Governmental Affairs

_______________________________________________________________________

                                 A BILL


 
    To require the publication of fossil-fuel powered travel by the 
President, the Vice President, and political appointees, 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 ``Executive Branch Emissions 
Transparency Act''.

SEC. 2. DATABASE ON FOSSIL FUEL-POWERED TRAVEL BY THE PRESIDENT, THE 
              VICE PRESIDENT, AND POLITICAL APPOINTEES.

    (a) Definitions.--
            (1) Covered individual.--The term ``covered individual'' 
        means--
                    (A) the President;
                    (B) the Vice President; and
                    (C) a political appointee.
            (2) Covered travel.--The term ``covered travel'' means--
                    (A) travel that is powered by fossil fuels by a 
                covered individual on official business; and
                    (B) travel that is powered by fossil fuels by a 
                covered individual that is paid for by a third party, 
                if the covered individual is appearing in their 
                official capacity.
            (3) Director.--The term ``Director'' means the Director of 
        the Office of Management and Budget.
            (4) Political appointee.--The term ``political appointee'' 
        means any individual--
                    (A) occupying a position in the Executive Office of 
                the President or in the Office of the Vice President 
                for which appointment is made by the President or Vice 
                President, without regard to whether the appointment is 
                made by and with the advice and consent of the Senate;
                    (B) occupying position on the executive schedule 
                under sections 5312 through 5316 of title 5, United 
                States Code;
                    (C) who is a limited term appointee, limited 
                emergency appointee, or noncareer appointee in the 
                Senior Executive Service as defined in paragraphs (5), 
                (6), and (7) of section 3132(a) of title 5, United 
                States Code, respectively;
                    (D) occupying a position in the executive branch of 
                the Government of a confidential or policy-determining 
                character under Schedule C of subpart C of part 213 of 
                title 5, Code of Federal Regulations;
                    (E) occupying a position for which appointment is 
                made by the President and does not require the advice 
                and consent of the Senate;
                    (F) who is an Ambassador; or
                    (G) who is--
                            (i) a member of the staff of an Ambassador;
                            (ii) not a member of the Foreign Service; 
                        and
                            (iii) occupying a position for which 
                        appointment is made by the President, without 
                        regard to whether the appointment is made by 
                        and with the advice and consent of the Senate.
            (5) Relevant head.--The term ``relevant head'' means--
                    (A) with respect to a political appointee described 
                in subparagraph (B), (C), (D), or (E), the head of the 
                Federal entity in which the political appointee 
                occupies their position;
                    (B) with respect to the President, the Vice 
                President, or a political appointee described in 
                paragraph (4)(A), the White House Office of Management 
                and Administration; and
                    (C) with respect to a political appointee described 
                in subparagraph (F) or (G) of paragraph (4), the 
                Secretary of State.
    (b) Database.--
            (1) Establishment.--Not later than 90 days after the date 
        of enactment of this Act, the Director shall establish and 
        maintain a publicly accessible and searchable database of 
        covered travel.
            (2) Submission to relevant head.--Not later than 30 days 
        after the date on which a covered individual has taken covered 
        travel and has returned to the origin of the trip, the covered 
        individual shall submit to the relevant head a report on the 
        covered travel, which shall include--
                    (A) the name of each covered individual on the 
                covered travel;
                    (B) the mode of travel;
                    (C) the origin and destination;
                    (D) a description of the covered travel;
                    (E) miles traveled;
                    (F) the estimated carbon emissions resulting from 
                the covered travel; and
                    (G) a description of any action taken to limit the 
                carbon emissions associated with the covered travel.
            (3) Submission to omb.--Not later than the 1st of each 
        month, each relevant head shall submit to the Director a report 
        that includes the information received under paragraph (2) 
        during the preceding month relating to covered travel.
            (4) Publication by omb.--Not later than the 15th of each 
        month, the Director shall update the database established under 
        this subsection with the reports submitted under paragraph (3) 
        during the preceding month.
            (5) Exception for national security risk.--The Director 
        shall not publish on the database established under this 
        subsection information described in paragraph (2) if the 
        publication of that information could be deemed a national 
        security risk.
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