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 person-
ally by the Members, to prohibit the imposition of non-
disclosure agreements as a condition of the payment 
of an award or settlement in connection with a violation 
of such Act, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
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SECTION 1. PERSONAL LIABILITY OF MEMBERS OF CON-
GRESS 
TO 
REIMBURSE 
TREASURY 
FOR 
AMOUNTS 
PAID 
AS 
SETTLEMENTS 
AND 
AWARDS UNDER CONGRESSIONAL ACCOUNT-
ABILITY ACT OF 1995. 
(a) MANDATING
REIMBURSEMENT
OF
AMOUNTS 
PAID.— 
(1) IN GENERAL.—Section 415 of the Congres-
sional Accountability Act of 1995 (2 U.S.C. 1415) 
is amended by adding at the end the following new 
subsection: 
‘‘(d) PERSONAL LIABILITY OF MEMBERS OF CON-
GRESS FOR PAYMENT OF SETTLEMENTS AND AWARDS.— 
If a payment is made from the account described in sub-
section (a) for an award or settlement resulting from a 
violation of part A of title II consisting of an act com-
mitted personally by a Member of the House of Represent-
atives or a Senator, the Member or Senator shall reim-
burse the account for the amount of the award or settle-
ment.’’. 
(2) EFFECTIVE DATE.—The amendment made 
by paragraph (1) shall apply with respect to pay-
ments made on or after the date of the enactment 
of this Act. 
(b) REIMBURSEMENT
OF
AMOUNTS
PAID
PRE-
VIOUSLY.— 
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(1) REQUIRING REIMBURSEMENT.—If, prior to 
the date of the enactment of this Act, a payment 
was made from the account described in section 
415(a) of the Congressional Accountability Act of 
1995 for an award or settlement resulting from a 
violation of part A of title II of such Act consisting 
of an act committed personally by an individual who, 
at the time of committing the act, was a Member of 
the House of Representatives or a Senator, the indi-
vidual shall reimburse the account for the amount of 
the award or settlement, plus interest. 
(2) DEADLINE.—An individual shall meet the 
requirements of paragraph (1) not later than 1 year 
after the date of the enactment of this Act. 
(3) NOTIFICATIONS
BY
OFFICE
OF
COMPLI-
ANCE.—Not later than 30 days after the date of the 
enactment of this Act, the Office of Compliance shall 
submit to each individual described in paragraph (1) 
a notice of the amount the individual is required to 
reimburse under such paragraph. 
SEC. 2. REPORTS ON AWARDS AND SETTLEMENTS PAID IN 
CONNECTION WITH VIOLATIONS OF CON-
GRESSIONAL ACCOUNTABILITY ACT. 
(a) ANNUAL REPORT REQUIRED.— 
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(1) IN GENERAL.—Section 301 of the Congres-
sional Accountability Act of 1995 (2 U.S.C. 1381) 
is amended by adding at the end the following new 
subsection: 
‘‘(l) ANNUAL REPORT ON AWARDS AND SETTLE-
MENTS PAID IN CONNECTION WITH VIOLATIONS BY EM-
PLOYING OFFICES OF HOUSE AND SENATE.— 
‘‘(1) REPORT.—Not later than 90 days after 
the end of each fiscal year, the Office shall submit 
to Congress and publish on the Office’s public 
website a report listing all awards and settlements 
paid during the year in connection with violations of 
part A of title II which consisted of an act com-
mitted personally by a Member of the House of Rep-
resentatives or a Senator, and shall include in the 
report the following information: 
‘‘(A) A description of the violation in-
volved. 
‘‘(B) The identification of the Member or 
Senator involved. 
‘‘(C) The amount of the award or settle-
ment. 
‘‘(2) PROTECTION
OF
IDENTITY
OF
INDIVID-
UALS RECEIVING AWARDS AND SETTLEMENTS.—In 
preparing and submitting the reports required under 
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this subsection, the Office shall ensure that the iden-
tity of any individual who received an award or set-
tlement, or who made an allegation of a violation 
against an employing office, is not disclosed.’’. 
(2) EFFECTIVE DATE.—The amendment made 
by paragraph (1) shall apply with respect to fiscal 
year 2018 and each succeeding fiscal year. 
(b) REPORT ON AWARDS AND SETTLEMENTS PRE-
VIOUSLY PAID.— 
(1) REPORT.—Not later than 90 days after the 
date of the enactment of this Act, the Office of Com-
pliance shall submit to Congress and publish on the 
Office’s public website a report listing all awards 
and settlements paid under the Congressional Ac-
countability Act of 1995 prior to fiscal year 2018 in 
connection with violations of part A of title II of 
such Act which were committed personally by Mem-
bers of the House of Representatives or Senators, 
and shall include in the report the following informa-
tion: 
(A) A description of the violation. 
(B) The identification of the Member or 
Senator. 
(C) The amount of the award or settle-
ment. 
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(2) PROTECTION OF IDENTITY OF INDIVIDUALS 
RECEIVING
AWARDS
AND
SETTLEMENTS.—In pre-
paring and submitting the report under this section, 
the Office shall ensure that the identity of any indi-
vidual who received an award or settlement, or who 
made an allegation of a violation against an employ-
ing office of the House of Representatives or Senate, 
is not disclosed. 
SEC. 3. PROHIBITING IMPOSITION OF NONDISCLOSURE 
AGREEMENTS AS CONDITION OF AWARD OR 
SETTLEMENT. 
(a) PROHIBITION.—Section 401 of the Congressional 
Accountability Act of 1995 (2 U.S.C. 1401) is amended— 
(1) by striking ‘‘Except as otherwise provided’’ 
and inserting ‘‘(a) PROCEDURES AVAILABLE.—Ex-
cept as otherwise provided’’; and 
(2) by adding at the end the following new sub-
section: 
‘‘(b) PROHIBITING IMPOSITION OF NONDISCLOSURE 
AGREEMENTS.—A nondisclosure agreement may not be 
imposed on any party as a condition of the payment of 
any award or settlement in connection with a violation of 
part A of title II consisting of an act committed personally 
by a Member of the House of Representatives or a Sen-
ator.’’. 
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(b) PERMITTING INDIVIDUALS SUBJECT TO EXIST-
ING NONDISCLOSURE AGREEMENTS TO MAKE INFORMA-
TION PUBLIC.—Any individual who received an award or 
settlement prior to the date of the enactment of this Act 
in connection with a violation of part A of title II of the 
Congressional Accountability Act of 1995 consisting of an 
act committed personally by a Member of the House of 
Representatives or a Senator, and who signed a nondisclo-
sure agreement as a condition of receiving the award or 
settlement, may, notwithstanding the terms of the agree-
ment, make public any information relating to the award 
or settlement. 
(c) EFFECTIVE DATE.—The amendment made by 
paragraph (1) shall apply with respect to awards and set-
tlements paid in connection with the Congressional Ac-
countability Act of 1995 on or after the date of the enact-
ment of this Act. 
Æ 
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