,,ii  #aafth ,,congress  #ast ,session  
,s4 #aeei  ,,in ,,the ,,senate ,,of     
,,the ,,united ,,states  ,may #ba1      
#bjai,mr4 ,merkley 7for himself and ,mr4
 ,kennedy7 introduced the following     
bill2 which was read twice and referred 
to the ,committee on ,homeland ,security
 and ,governmental ,affairs  ,a ,,bill  
,to provide standards relating to       
airline travel by ,federal employees for
 official business4  #a4 ,short title   
,this ,act may be cited as the ,fly     
,smart ,act4  #b4 ,airline              
accommodations for official ,government 
travel  7a7 ,in general  7#a7           
,coach-class requirement ,except as     
provided in subsection 7b71 for official
 travel1 both domestic and              
international1 a covered employee1      
including the head of an agency1 shall  
use coach-class accommodations4  7#b7   
,ban on military aircraft for domestic  
travel ,a covered employee1 including   
the head of an agency1 may not travel on
 a military aircraft for domestic       

official travel unless-- 7,a7 the       
destination of the covered employee is a
 military installation2 or  7,b7 the    
covered employee is serving in1 or      
applying to1 as applicable1 a position  
in the ,department of ,defense4  7b7    
,exceptions  7#a7 ,first-class and      
business class ,subject to the other    
provisions of this subsection1 the head 
of the agency employing a covered       
employee 7or to which a covered employee
 is applying1 as applicable71 or in the 
case of the head of an agency1 the      
,white ,house ,chief of ,staff1 may sign
 a waiver authorizing the covered       
employee or the agency head1 as         
applicable1 to use-- 7,a7 first-class   
accommodations for official travel if-- 
7i7 no coach-class accommodations are   
available on any flight that is         
scheduled to-- 7,i7 leave not more than 
#bd hours before the proposed departure 
time of the covered employee or the     
agency head2 or  7,,ii7 arrive not more 
than #bd hours after the proposed       

arrival time of the covered employee or 
the agency head2  7ii7 the use of       
first-class accommodations is necessary 
to accommodate a disability or a special
 need that has been certified under     
paragraph 7#d72 or  7iii7 the use of    
first-class accommodations is necessary 
because of exceptional security         
circumstances1 which-- 7,i7 shall be    
established by the individual signing   
the waiver2  7,,ii7 shall be found only 
when required to meet the mission of the
 agency in which the covered employee or
 the agency head is employed1 or to     
which the covered employee is applying1 
as applicable2 and  7,,iii7 include a   
situation in which-- 7aa7 the use of    
accommodations other than first-class   
accommodations would endanger-- 7,,aa7  
the life of the covered employee or the 
agency head2 or 7,,bb7 ,government      
property2  7bb7 the covered employee    
is-- 7,,aa7 an agent on protective      
detail2 and 7,,bb7 accompanying an      
individual who is authorized to use     

first-class accommodations2 or  7cc7 the
 covered employee is a courier or       
control officer accompanying controlled 
pouches or packages2 and  7,b7          
business-class accommodations for       
official travel if-- 7i7 the use of     
business-class accommodations is        
necessary because of a situation        
described in clause 7ii7 or 7iii7 of    
subparagraph 7,a72  7ii7 coach-class    
accommodations on an authorized or      
approved foreign airline do not provide 
adequate sanitation or health standards2
  7iii7 7,i7 regularly scheduled flights
 between origin and destination points1 
including connecting points1 provide    
only other than coach-class             
accommodations2 and  7,,ii7 the covered 
employee or the agency head certifies1  
on the voucher of the covered employee  
or the agency head1 that the situation  
described in subclause 7,i7 applies2    
7iv7 the transportation costs of the    
covered employee or the agency head are 
paid in full through the acceptance by  

the agency in which the covered employee
 or the agency head is employed1 or to  
which the covered employee is applying1 
as applicable1 of payment from a        
non-,federal source in accordance with  
chapter #cjj of title #da1 ,code of     
,federal ,regulations1 or any successor 
regulation2  7v7 subject to paragraph   
7#e71 with respect to a situation in    
which the origin or the destination of  
the travel is outside the continental   
,united ,states-- 7,i7 the scheduled    
flight time is more than #ad hours2 and 
7,,ii7 the covered employee or the      
agency head is required to report to    
duty not later than the day after the   
date on which the travel of the covered 
employee or the agency head begins2     
7vi7 the use of the accommodations      
results in overall cost savings to the  
,federal ,government by avoiding        
additional subsistence costs1 overtime1 
or lost productive time while the       
covered employee or the agency head     
waits for coach-class accommodations to 

become available2  7vii7 no space is    
available in coach-class accommodations 
in time to accomplish the mission of the
 agency in which the covered employee or
 the agency head is employed1 or to     
which the covered employee is applying1 
as applicable1 which is urgent and      
cannot be postponed2 or  7viii7 when    
required because of the mission of the  
agency in which the covered employee or 
the agency head is employed1 or to which
 the covered employee is applying1 as   
applicable1 consistent with the internal
 procedures of that agency4  7#b7       
,disclosure of cost ,not later than #ij 
days after the date on which official   
travel for which the head of an agency  
or the ,white ,house ,chief of ,staff   
has signed a waiver under paragraph 7#a7
 ends1 the head of the agency or the    
,white ,house ,chief of ,staff1 as      
applicable1 shall disclose on a public  
website-- 7,a7 the signed waiver2  7,b7 
the exception under that paragraph on   
which the head of the agency or the     

,white ,house ,chief of ,staff relied   
when authorizing the travel2 and  7,c7  
the cost of any flight in other than    
coach-class accommodations with respect 
to the waiver4  7#c7 ,no blanket        
approval ,the head of the agency        
employing a covered employee 7or to     
which a covered employee is applying1 as
 applicable71 or in the case of the head
 of an agency1 the ,white ,house ,chief 
of ,staff1 may authorize a covered      
employee or an agency head1 as          
applicable1 to use accommodations other 
than coach-class accommodations for     
official travel only on a case-by-case  
basis1 unless the covered employee or   
the agency head has a disability or a   
special need that has been certified    
under paragraph 7#d74  7#d7             
,certification of disability or special 
need  7,a7 ,disability  7i7 ,in general 
,a disability described in paragraph    
7#a77;,a77ii7 shall be certified        
annually1 unless the disability is a    
lifelong condition1 in which case the   

disability shall be certified once4     
7ii7 ,contents ,a certification required
 under clause 7i7 shall include1 at a   
minimum-- 7,i7 a written statement by a 
competent medical authority stating that
 a special accommodation for the covered
 employee is necessary2  7,,ii7 an      
approximate duration of the special     
accommodation described in subclause    
7,i72 and  7,,iii7 a recommendation     
regarding the suitable class of         
transportation for the covered employee 
based on the disability4  7,b7 ,special 
need ,the special need of a covered     
employee1 including the head of an      
agency1 described in paragraph          
7#a77;,a77ii7 shall be certified        
annually 7unless the special need is a  
lifelong condition1 in which case the   
special need shall be certified once7 in
 accordance with the procedures of the  
agency in which the covered employee is 
employed1 or to which the covered       
employee is applying1 as applicable4    
7#e7 ,application of #ad-;hour rule ,a  

covered employee1 including the head of 
an agency1 who travels using            
business-class accommodations under     
paragraph 7#a77;,b77v7 shall not be     
eligible for a rest stop on the way to1 
or upon arrival at1 the duty site of the
 covered employee4  7#f7 ,inclusion of  
attendant ,if a covered employee1       
including the head of an agency1 the    
travel of whom in accommodations other  
than coach-class accommodations is      
authorized because of a disability or   
special need that is certified under    
paragraph 7#d71 is authorized to have an
 attendant accompany that covered       
employee1 the head of the agency        
employing the covered employee 7or to   
which a covered employee is applying1 as
 applicable71 or in the case of the head
 of an agency1 the ,white ,house ,chief 
of ,staff1 may also authorize the       
attendant to use other than coach-class 
accommodations during that travel4  7#g7
 ,limit on delegation ,the head of an   
agency and the ,white ,house ,chief of  

,staff may not delegate the duties and  
authorities under this subsection1      
except for the duties and authorities   
under paragraph 7#b74  7c7 ,rules of    
construction  7#a7 ,upgrades ,nothing in
 this section may be construed to       
prevent a covered employee from         
upgrading to first-class accommodations 
or business-class accommodations for    
official travel at the personal expense 
of the covered employee1 including      
through the redemption by the covered   
employee of frequent flyer benefits4    
7#b7 ,two cabins available  7,a7        
,different seat types ,if an airline    
flight has #b classes of accommodations 
available with #b distinctly different  
seating types 7including a situation in 
which the girth and pitch of the seats  
between the #b cabins are different71   
the airline terms the front cabin as    
business-class accommodations or higher1
 and the tickets for the flight are     
fare-coded as business-class            
accommodations1 the front cabin shall be

 construed to be other than coach-class 
accommodations for the purposes of this 
section4  7,b7 ,identical seat types ,if
 an airline flight has #b cabins        
available with #a type of seating       
available for the entire aircraft 7such 
that the girth and pitch of the seats   
are identical in both cabins71 the seats
 in the front cabin are fare-coded as   
full-fare economy class1 and only       
restricted economy fares are available  
in the rear cabin1 the entire aircraft  
shall be construed to be coach-class    
accommodations for the purposes of this 
section4  #c4 ,definitions ,in this     
,act-- 7#a7 the term agency has the     
meaning given the term ,executive agency
 in section #aje of title #e1 ,united   
,states ,code2  7#b7 the term           
business-class accommodations means a   
premium class of accommodation offered  
by an airline that-- 7,a7 is more       
expensive1 and offers more amenities1   
than coach-class accommodations2  7,b7  
is less expensive1 and offers fewer     

amenities1 than first-class             
accommodations2 and  7,c7 is            
occasionally described by the airline   
using terms including business1 business
 elite1 business first1 world business1 
connoisseur1 and envoy2  7#c7 the term  
coach-class accommodations-- 7,a7 means 
the basic class of accommodation offered
 to a traveler on an airline and which  
is normally the lowest fare offered by  
the airline1 without regard to the      
terminology used to describe the        
accommodations2 and  7,b7 is            
occasionally described by an airline    
using terms including-- 7i7 tourist     
class or economy-class2 and  7ii7 single
 class if the airline offers #a class of
 accommodations to all travelers2  7#d7 
the term covered employee means-- 7,a7  
an employee traveling on official       
business2  7,b7 an individual who is--  
7i7 interviewing for a position as an   
employee2 and  7ii7 performing          
pre-employment interview travel2  7,c7  
an employee who is required to interrupt

 the official business travel of the    
employee to perform emergency travel as 
a result of-- 7i7 an incapacitating     
illness or injury2 or  7ii7 a personal  
emergency situation2 or  7,d7 an        
employee who-- 7i7 is employed in a law 
enforcement or investigative capacity2  
and  7ii7 along with the family members 
of the employee1 is required to relocate
 temporarily to safeguard the life of   
the employee1 and any family members of 
the employee1 as applicable1 because of 
a threat resulting from the assigned    
duties of the employee2  7#e7 the term  
employee means an individual employed in
 or under an agency1 including an       
individual employed intermittently in   
the ,government service as an expert or 
consultant and paid on a daily          
when-actually-employed basis and an     
individual serving without pay or at #a 
a year2  7#f7 the term first-class      
accommodations means the highest class  
of accommodation offered by an airline  
with respect to cost and amenities2     

7#g7 the term other than coach-class    
accommodations-- 7,a7 means any class of
 accommodation above coach-class        
accommodations2 and  7,b7 includes      
first-class accommodations and          
business-class accommodations2 and  7#h7
 the term scheduled flight time-- 7,a7  
with respect to air travel1 means the   
flight time between the originating     
departure point of the travel and the   
ultimate arrival point of the travel2   
7,b7 includes scheduled non-overnight   
time spent at an airport during a change
 of planes2 and  7,c7 does not include  
time spent at the originating or        
ultimate arrival airport4