NOPE Act
Bill: H.R.7135 | Sponsor: Rep. O'Halleran, Tom (D-AZ)
Policy area: Congress

Summary:
No Ongoing Perks Enrichment Act or the NOPE Act
This bill increases to five years the post-employment lobbying ban on a former Member of Congress. The bill also addresses Members' salaries and travel expenses.
The bill withholds the salaries of Members of a congressional chamber that has not agreed to a budget resolution for FY2022 by April 15, 2021. Salaries are withheld from April 16, 2021, until the chamber agrees to a budget resolution or the last day of the 117th Congress, whichever is earlier.
The bill eliminates automatic pay adjustments for Members of Congress.
The bill prohibits the use of funds appropriated or otherwise made available for the official travel of a Member of Congress or other officer or employee of the legislative branch for airline accommodations that are not coach-class accommodations. This prohibition shall not apply to an individual if the use would be permitted for an employee of an agency subject to specified federal regulations for temporary duty travel allowances.

To provide that the salaries of Members of a House of Congress will be 
held in escrow if that House has not agreed to a concurrent resolution 
  on the budget for fiscal year 2022 by April 15, 2021, to eliminate 
automatic pay adjustments for Members of Congress, to prohibit the use 
   of funds provided for the official travel expenses of Members of 
Congress and other officers and employees of the legislative branch for 
   first-class airline accommodations, and to amend title 18, United 
   States Code, to establish a uniform 5-year post-employment ban on 
                lobbying by former Members of Congress.

    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 ``No Ongoing Perks Enrichment Act'' or 
the ``NOPE Act''.

SEC. 2. HOLDING SALARIES OF MEMBERS OF CONGRESS IN ESCROW UPON FAILURE 
              TO AGREE TO BUDGET RESOLUTION.

    (a) Holding Salaries in Escrow.--
            (1) In general.--If by April 15, 2021, a House of Congress 
        has not agreed to a concurrent resolution on the budget for 
        fiscal year 2022 pursuant to section 301 of the Congressional 
        Budget Act of 1974, during the period described in paragraph 
        (2) the payroll administrator of that House of Congress shall 
        deposit in an escrow account all payments otherwise required to 
        be made during such period for the compensation of Members of 
        Congress who serve in that House of Congress, and shall release 
        such payments to such Members only upon the expiration of such 
        period.
            (2) Period described.--With respect to a House of Congress, 
        the period described in this paragraph is the period which 
        begins on April 16, 2021, and ends on the earlier of--
                    (A) the day on which the House of Congress agrees 
                to a concurrent resolution on the budget for fiscal 
                year 2022 pursuant to section 301 of the Congressional 
                Budget Act of 1974; or
                    (B) the last day of the One Hundred Seventeenth 
                Congress.
            (3) Withholding and remittance of amounts from payments 
        held in escrow.--The payroll administrator shall provide for 
        the same withholding and remittance with respect to a payment 
        deposited in an escrow account under paragraph (1) that would 
        apply to the payment if the payment were not subject to 
        paragraph (1).
            (4) Release of amounts at end of the congress.--In order to 
        ensure that this section is carried out in a manner that shall 
        not vary the compensation of Senators or Representatives in 
        violation of the twenty-seventh article of amendment to the 
        Constitution of the United States, the payroll administrator of 
        a House of Congress shall release for payments to Members of 
        that House of Congress any amounts remaining in any escrow 
        account under this section on the last day of the One Hundred 
        Seventeenth Congress.
            (5) Role of secretary of the treasury.--The Secretary of 
        the Treasury shall provide the payroll administrators of the 
        Houses of Congress with such assistance as may be necessary to 
        enable the payroll administrators to carry out this section.
    (b) Treatment of Delegates as Members.--In this section, the term 
``Member of Congress'' includes a Delegate or Resident Commissioner to 
the Congress.
    (c) Payroll Administrator Defined.--In this section, the ``payroll 
administrator'' of a House of Congress means--
            (1) in the case of the House of Representatives, the Chief 
        Administrative Officer of the House of Representatives, or an 
        employee of the Office of the Chief Administrative Officer who 
        is designated by the Chief Administrative Officer to carry out 
        this section; and
            (2) in the case of the Senate, the Secretary of the Senate, 
        or an employee of the Office of the Secretary of the Senate who 
        is designated by the Secretary to carry out this section.

SEC. 3. ELIMINATION OF AUTOMATIC PAY ADJUSTMENTS FOR MEMBERS OF 
              CONGRESS.

    (a) In General.--Paragraph (2) of section 601(a) of the Legislative 
Reorganization Act of 1946 (2 U.S.C. 4501) is repealed.
    (b) Technical and Conforming Amendments.--Section 601(a)(1) of such 
Act (2 U.S.C. 4501(1)) 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)'' and 
        inserting ``adjusted as provided by law''.
    (c) Effective Date.--This section and the amendments made by this 
section shall take effect December 31, 2020.

SEC. 4. PROHIBITING USE OF FUNDS FOR OFFICIAL TRAVEL EXPENSES OF 
              MEMBERS OF CONGRESS AND LEGISLATIVE BRANCH EMPLOYEES FOR 
              AIRLINE ACCOMMODATIONS OTHER THAN COACH CLASS.

    (a) Prohibition.--Except as provided in subsection (b), no funds 
appropriated or otherwise made available for the official travel 
expenses of a Member of Congress or other officer or employee of any 
office in the legislative branch may be used for airline accommodations 
which are not coach-class accommodations.
    (b) Exceptions.--Funds described in subsection (a) may be used for 
airline accommodations which are not coach-class accommodations for an 
individual described in subsection (a) if the use of the funds for such 
accommodations would be permitted under sections 301-10.121 through 
301-10.125 of title 41 of the Code of Federal Regulations if the 
individual were an employee of an agency which is subject to chapter 
301 of such title.
    (c) Rule of Construction.--Nothing in this section may be construed 
to affect any officer or employee of an office of the legislative 
branch which, as of the date of the enactment of this Act, is subject 
to chapter 301 of title 41 of the Code of Federal Regulations.
    (d) Definitions.--
            (1) Coach-class accommodations.--In this section, the term 
        ``coach-class accommodations'' means the basic class of 
        accommodation by airlines that is normally the lowest fare 
        offered regardless of airline terminology used, and (as 
        referred to by airlines) may include tourist class or economy 
        class, as well as single class when the airline offers only one 
        class of accommodations to all travelers.
            (2) Member of congress.--In this section, the term ``Member 
        of Congress'' means a Senator or a Representative in, or 
        Delegate or Resident Commissioner to, the Congress.
    (e) Effective Date.--This section shall apply with respect to 
fiscal year 2022 and each succeeding fiscal year.

SEC. 5. 5-YEAR POST-EMPLOYMENT BAN ON LOBBYING BY FORMER MEMBERS OF 
              CONGRESS.

    (a) Former Senators.--Subparagraph (A) of section 207(e)(1) of 
title 18, United States Code, is amended by striking ``within 2 years 
after that person leaves office'' and inserting ``within 5 years after 
that person leaves office''.
    (b) Former Members of the House of Representatives.--Paragraph (1) 
of section 207(e) of such title is amended by striking subparagraph (B) 
and inserting the following:
                    ``(B) Members of the house of representatives.--Any 
                person who is a Member of the House of Representatives 
                and who, within 5 years after that person leaves 
                office, knowingly makes, with the intent to influence, 
                any communication to or appearance before any Member, 
                officer, or employee of either House of Congress and 
                any employee of any other legislative office of the 
                Congress, on behalf of any other person (except the 
                United States) in connection with any matter on which 
                such former Member seeks action by a Member, officer, 
                or employee of either House of Congress, in his or her 
                official capacity, shall be punished as provided in 
                section 216 of this title.
                    ``(C) Officers of the house of representatives.--
                Any person who is an elected officer of the House of 
                Representatives and who, within 1 year after that 
                person leaves office, knowingly makes, with the intent 
                to influence, any communication to or appearance before 
                any Member, officer, or employee of the House of 
                Representatives, on behalf of any other person (except 
                the United States) in connection with any matter on 
                which such former elected officer seeks action by a 
                Member, officer, or employee of either House of 
                Congress, in his or her official capacity, shall be 
                punished as provided in section 216 of this title.''.
    (c) Effective Date.--The amendments made by this section shall 
apply with respect to any individual who, on or after the date of the 
enactment of this Act, leaves an office to which section 207(e)(1) of 
title 18, United States Code, applies.
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