[Congressional Record Volume 142, Number 80 (Tuesday, June 4, 1996)]
[Senate]
[Pages S5763-S5764]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                      THE LAME DUCKS CAN'T FLY ACT

 Mr. LAUTENBERG. Mr. President, today I am introducing 
legislation, which I call the Lame Ducks Can't Fly Act, to prevent 
Federal officials who are about to leave office from traveling abroad 
courtesy of U.S. taxpayers.
  The bill would prohibit any Member of Congress who is leaving office 
from traveling to another country at taxpayer expense in the last 6 
months of the Member's term. This prohibition could be waived by the 
Speaker of the House or by the President Pro Tempore of the Senate. If 
a waiver is granted, a detailed statement must be printed in the 
Congressional Record indicating the purposes and costs of the travel.
  Similarly, the bill would prohibit any political appointee in the 
executive branch from traveling overseas at taxpayer expense following 
an election in which the President is not returned to office. The 
prohibition for executive branch appointees could be waived if the 
President determines that such travel cannot reasonably be postponed 
until the new President takes office, and that the travel is essential 
to protect or promote vital national security interests.
  Mr. President, after the general election in 1992, many Americans 
were outraged when they saw Governmental officials traveling abroad on 
seemingly nonessential trips, even though they were about to lose their 
jobs. One delegation, for example, traveled to China and Hong Kong 
aboard a military jet that reportedly cost about $12,000 per hour to 
fly. Another trip was planned for Moscow before it was abruptly 
canceled when the plans were reported in the press.
  In recent months, press reports have highlighted the serious concerns 
of many Foreign Service officers about abuses of official travel 
privileges by U.S. officials from all branches of government. The 
problem has grown to such an extent that the American Foreign Service 
Association has issued a policy statement calling for 14 changes in 
Government official foreign travel policy. The Association's first 
recommendation is to prohibit travel abroad by officials within 6 
months of the end of their term.
  Mr. President, it can be tempting for elected or appointed officials 
to have one last junket before losing their jobs. But it is wrong. And 
it is not fair to taxpayers--many of whom have a hard time making ends 
meet. These costs may be small compared to the budget deficit. Yet 
these kinds of abuses are outrageous, and they sap the trust of 
Americans in their Government.
  Mr. President, there are times when travel abroad by lame duck 
officials is necessary to protect important national interests. 
However, there is no excuse for wasting taxpayer dollars on 
nonessential travel.
  I hope my colleagues will support the legislation, and ask unanimous 
consent that a copy of the bill be printed in the Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                S. 1827

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

     SECTION 1. LIMITATION OF FOREIGN TRAVEL BY CERTAIN POLITICAL 
                   APPOINTEES DURING POST PRESIDENTIAL ELECTION 
                   PERIOD.

       (A) In General.--Subchapter I of chapter 57 of title 5, 
     United States Code, is amended by adding at the end thereof 
     the following new section:

     ``Sec. 5710. Limitation of travel of political appointees 
       during certain post Presidential election periods

       ``(a) For purposes of this section the term--
       ``(1) `political appointee' means any individual who 
     serves--
       ``(A) in a Senior Executive Service position and is not a 
     career appointee as defined under section 3132(a)(4);
       ``(B) in a position under the Executive Schedule pursuant 
     to subchapter II of chapter 53; or
       ``(C) in a position 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; and
       ``(2) `post Presidential election period' means any period 
     beginning on the date immediately following the date of the 
     first Tuesday following the first Monday in November on which 
     the general election of the President occurs, and ending on 
     the January 20 following such an election.
       ``(b) Subject on the provisions of subsection (c), travel 
     by a political appointee may not be paid for under the 
     provisions of this subchapter or any other provision of law, 
     if such travel--

[[Page S5764]]

       ``(1) is outside of the United States; and
       ``(2) occurs during a post Presidential election period 
     after which the incumbent President shall not return for 
     another term of office as President.
       ``(c)(1) The provisions of subsection (b) shall not apply 
     to travel by the Secretary of State, the Secretary of 
     Defense, the United States Trade Representative, or political 
     appointees who are accompanying these individuals on affected 
     travel.
       ``(2) The President may waive the provisions of subsection 
     (b) with regard to any travel if the President makes a 
     written determination that such travel--
       ``(A) cannot reasonably be postponed until after the post 
     Presidential election period; and
       ``(B) is essential to protect or promote vital national 
     interests.''.
       (b) Technical and Conforming Amendments.--The table of 
     sections for chapter 57 of title 5, United States Code, is 
     amended by inserting after the item relating to section 5709 
     the following:

``5710. Limitation of travel of political appointees during certain 
              post Presidential election periods.''.

     SEC. 2. LIMITATION OF FOREIGN TRAVEL BY CERTAIN MEMBERS OF 
                   CONGRESS DURING ELECTION PERIODS.

       (a) Limitation.--
       (1) In general.--Except as provided in subsection (b), no 
     funds may be expended for travel by a Member of Congress if 
     such travel--
       (A) is outside of the United States; and
       (B) occurs after the date that is 180 days prior to the end 
     of the term of service or date of retirement of the Member of 
     Congress.
       (2) Date of retirement.--For purposes of this subsection, 
     the date of retirement is the date on which the Member is to 
     retire as a Member of Congress, pursuant to a public 
     announcement by or on behalf of the Member.
       (b) Waiver.--
       (1) In general.--The Speaker of the House of 
     Representatives, with respect to Members of the House of 
     Representatives, and the President pro tempore of the Senate, 
     with respect to Members of the Senate, may waive the 
     prohibition on travel under this section if the travel is 
     determined to be in the interest of the House of 
     Representatives or the Senate, respectively, and the United 
     States.
       (2) Statement.--
       (A) In general.--Except as provided in subparagraph (B) and 
     if a waiver is granted under this subsection, a statement of 
     the waiver shall be printed in the Congressional Record as 
     soon as practicable and shall include a detailed description 
     of the travel involved, the purpose of travel, and an 
     estimate of the costs of the travel.
       (B) Exception.--If the Speaker of the House of 
     Representatives or the President pro tempore of the Senate 
     determines that publication of such a statement would 
     jeopardize national security, or otherwise compromise vital 
     national interests, no statement is required.
       (c) Definition.--For purposes of this section the term 
     ``Member of Congress'' includes any Delegate or Resident 
     Commissioner to the Congress.
                                 ______

      By Mr. PRESSLER:
  S. 1829. A bill to prohibit the purchase of foreign beef by a school 
participating in the school lunch, school breakfast, or child care food 
program, and for other purposes; to the Committee on Agriculture, 
Nutrition, and Forestry.

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