I 

115TH CONGRESS 

1ST SESSION H. R. 4540 

To amend the Congressional Accountability Act of 1995 to require Members 

of Congress to reimburse the Treasury for amounts paid as awards 

and settlements under the Congressional Accountability Act of 1995 

in connection with violations of such Act which were committed personally 

by the Members, to prohibit the imposition of nondisclosure agreements 

as a condition of the payment of an award or settlement in connection 

with a violation of such Act, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

DECEMBER 4, 2017 

Mr. MARINO introduced the following bill; which was referred to the 

Committee on House Administration 

A BILL 

To amend the Congressional Accountability Act of 1995 to 

require Members of Congress to reimburse the Treasury 

for amounts paid as awards and settlements under the 

Congressional Accountability Act of 1995 in connection 

with violations of such Act which were committed personally by the Members, to prohibit the imposition of nondisclosure agreements as a condition of the payment 

of an award or settlement in connection with a violation 

of such Act, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 


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1 SECTION 1. PERSONAL LIABILITY OF MEMBERS OF CON2 GRESS TO REIMBURSE TREASURY FOR 

3 AMOUNTS PAID AS SETTLEMENTS AND 

4 AWARDS UNDER CONGRESSIONAL ACCOUNT5 ABILITY ACT OF 1995. 

6 (a) MANDATING REIMBURSEMENT OF AMOUNTS

7 PAID.— 

8 (1) IN GENERAL.—Section 415 of the Congres9 sional Accountability Act of 1995 (2 U.S.C. 1415) 

10 is amended by adding at the end the following new 

11 subsection: 

12 ‘‘(d) PERSONAL LIABILITY OF MEMBERS OF CON13 GRESS FOR PAYMENT OF SETTLEMENTS AND AWARDS.— 

14 If a payment is made from the account described in sub15 section (a) for an award or settlement resulting from a 

16 violation of part A of title II consisting of an act com17 mitted personally by a Member of the House of Represent18 atives or a Senator, the Member or Senator shall reim19 burse the account for the amount of the award or settle20 ment.’’. 

21 (2) EFFECTIVE DATE.—The amendment made 

22 by paragraph (1) shall apply with respect to pay23 ments made on or after the date of the enactment 

24 of this Act. 

25 (b) REIMBURSEMENT OF AMOUNTS PAID PRE26 VIOUSLY.— 


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1 (1) REQUIRING REIMBURSEMENT.—If, prior to 

2 the date of the enactment of this Act, a payment 

3 was made from the account described in section 

4 415(a) of the Congressional Accountability Act of 

5 1995 for an award or settlement resulting from a 

6 violation of part A of title II of such Act consisting 

7 of an act committed personally by an individual who, 

8 at the time of committing the act, was a Member of 

9 the House of Representatives or a Senator, the indi10 vidual shall reimburse the account for the amount of 

11 the award or settlement, plus interest. 

12 (2) DEADLINE.—An individual shall meet the 

13 requirements of paragraph (1) not later than 1 year 

14 after the date of the enactment of this Act. 

15 (3) NOTIFICATIONS BY OFFICE OF COMPLI16 ANCE.—Not later than 30 days after the date of the 

17 enactment of this Act, the Office of Compliance shall 

18 submit to each individual described in paragraph (1) 

19 a notice of the amount the individual is required to 

20 reimburse under such paragraph. 

21 SEC. 2. REPORTS ON AWARDS AND SETTLEMENTS PAID IN 

22 CONNECTION WITH VIOLATIONS OF CON23 GRESSIONAL ACCOUNTABILITY ACT. 

24 (a) ANNUAL REPORT REQUIRED.— 


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1 (1) IN GENERAL.—Section 301 of the Congres2 sional Accountability Act of 1995 (2 U.S.C. 1381) 

3 is amended by adding at the end the following new 

4 subsection: 

5 ‘‘(l) ANNUAL REPORT ON AWARDS AND SETTLE6 MENTS PAID IN CONNECTION WITH VIOLATIONS BY EM7 PLOYING OFFICES OF HOUSE AND SENATE.— 

8 ‘‘(1) REPORT.—Not later than 90 days after 

9 the end of each fiscal year, the Office shall submit 

10 to Congress and publish on the Office’s public 

11 website a report listing all awards and settlements 

12 paid during the year in connection with violations of 

13 part A of title II which consisted of an act com14 mitted personally by a Member of the House of Rep15 resentatives or a Senator, and shall include in the 

16 report the following information: 

17 ‘‘(A) A description of the violation in18 volved. 

19 ‘‘(B) The identification of the Member or 

20 Senator involved. 

21 ‘‘(C) The amount of the award or settle22 ment. 

23 ‘‘(2) PROTECTION OF IDENTITY OF INDIVID24 UALS RECEIVING AWARDS AND SETTLEMENTS.—In 

25 preparing and submitting the reports required under 


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1 this subsection, the Office shall ensure that the iden2 tity of any individual who received an award or set3 tlement, or who made an allegation of a violation 

4 against an employing office, is not disclosed.’’. 

5 (2) EFFECTIVE DATE.—The amendment made 

6 by paragraph (1) shall apply with respect to fiscal 

7 year 2018 and each succeeding fiscal year. 

8 (b) REPORT ON AWARDS AND SETTLEMENTS PRE9 VIOUSLY PAID.— 

10 (1) REPORT.—Not later than 90 days after the 

11 date of the enactment of this Act, the Office of Com12 pliance shall submit to Congress and publish on the 

13 Office’s public website a report listing all awards 

14 and settlements paid under the Congressional Ac15 countability Act of 1995 prior to fiscal year 2018 in 

16 connection with violations of part A of title II of 

17 such Act which were committed personally by Mem18 bers of the House of Representatives or Senators, 

19 and shall include in the report the following informa20 tion: 

21 (A) A description of the violation. 

22 (B) The identification of the Member or 

23 Senator. 

24 (C) The amount of the award or settle25 ment. 


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1 (2) PROTECTION OF IDENTITY OF INDIVIDUALS

2 RECEIVING AWARDS AND SETTLEMENTS.—In pre3 paring and submitting the report under this section, 

4 the Office shall ensure that the identity of any indi5 vidual who received an award or settlement, or who 

6 made an allegation of a violation against an employ7 ing office of the House of Representatives or Senate, 

8 is not disclosed. 

9 SEC. 3. PROHIBITING IMPOSITION OF NONDISCLOSURE 

10 AGREEMENTS AS CONDITION OF AWARD OR 

11 SETTLEMENT. 

12 (a) PROHIBITION.—Section 401 of the Congressional 

13 Accountability Act of 1995 (2 U.S.C. 1401) is amended— 

14 (1) by striking ‘‘Except as otherwise provided’’ 

15 and inserting ‘‘(a) PROCEDURES AVAILABLE.—Ex16 cept as otherwise provided’’; and 

17 (2) by adding at the end the following new sub18 section: 

19 ‘‘(b) PROHIBITING IMPOSITION OF NONDISCLOSURE

20 AGREEMENTS.—A nondisclosure agreement may not be 

21 imposed on any party as a condition of the payment of 

22 any award or settlement in connection with a violation of 

23 part A of title II consisting of an act committed personally 

24 by a Member of the House of Representatives or a Sen25 ator.’’. 


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1 (b) PERMITTING INDIVIDUALS SUBJECT TO EXIST2 ING NONDISCLOSURE AGREEMENTS TO MAKE INFORMA3 TION PUBLIC.—Any individual who received an award or 

4 settlement prior to the date of the enactment of this Act 

5 in connection with a violation of part A of title II of the 

6 Congressional Accountability Act of 1995 consisting of an 

7 act committed personally by a Member of the House of 

8 Representatives or a Senator, and who signed a nondisclo9 sure agreement as a condition of receiving the award or 

10 settlement, may, notwithstanding the terms of the agree11 ment, make public any information relating to the award 

12 or settlement. 

13 (c) EFFECTIVE DATE.—The amendment made by 

14 paragraph (1) shall apply with respect to awards and set15 tlements paid in connection with the Congressional Ac16 countability Act of 1995 on or after the date of the enact17 ment of this Act. 

Æ 


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