[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 7135 Introduced in House (IH)]
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117th CONGRESS
2d Session
H. R. 7135
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.
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IN THE HOUSE OF REPRESENTATIVES
March 17, 2022
Mr. O'Halleran introduced the following bill; which was referred to the
Committee on House Administration, and in addition to the Committees on
the Judiciary, and Oversight and Reform, for a period to be
subsequently determined by the Speaker, in each case for consideration
of such provisions as fall within the jurisdiction of the committee
concerned
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A BILL
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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