For the People Act of 2021 (H.R. 1; 117th Congress)/Division C/Title VIII/Subtitle H

by John Sarbanes

SEC. 8071. SHORT TITLE.

This subtitle may be cited as the “Stop Waste And Misuse by Presidential Flyers Landing Yet Evading Rules and Standards” or the “SWAMP FLYERS”.

SEC. 8072. PROHIBITION ON USE OF FUNDS FOR TRAVEL ON PRIVATE AIRCRAFT.

(a) In General.—Beginning on the date of enactment of this subtitle, no Federal funds appropriated or otherwise made available in any fiscal year may be used to pay the travel expenses of any senior political appointee for travel on official business on a non-commercial, private, or chartered flight.

(b) Exceptions.—The limitation in subsection (a) shall not apply—

(1) if no commercial flight was available for the travel in question, consistent with subsection (c); or

(2) to any travel on aircraft owned or leased by the Government.

(c) Certification.—

(1) IN GENERAL.—Any senior political appointee who travels on a non-commercial, private, or chartered flight under the exception provided in subsection :(b)(1) shall, not later than 30 days after the date of such travel, submit a written statement to Congress certifying that no commercial flight was available.

(2) PENALTY.—Any statement submitted under paragraph (1) shall be considered a statement for purposes of applying section 1001 of title 18, United States Code.

(d) Definition Of Senior Political Appointee.—In this subtitle, the term “senior political appointee” means any individual occupying—

(1) a position listed under the Executive Schedule (subchapter II of chapter 53 of title 5, United States Code);

(2) a Senior Executive Service position that is not a career appointee as defined under section 3132(a)(4) of such title; or

(3) a position of a confidential or policy-determining character under schedule C of subpart C of part 213 of title 5, Code of Federal Regulations.