Title: 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.
Policy area: Congress

Summary:
This bill amends the Congressional Accountability Act of 1995 (CAA) to: (1) require former and current Members of Congress to reimburse the Treasury for payments of awards or settlements resulting from a violation of certain CAA rights and protections committed personally by the Member, (2) prohibit the imposition of a nondisclosure agreement upon any party as a condition of an award or settlement resulting from such violation, and (3) permit an individual to make information regarding such an award or settlement public if he or she is subject to an existing nondisclosure agreement.

[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4540 Introduced in House (IH)]

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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.

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

SECTION 1. PERSONAL LIABILITY OF MEMBERS OF CONGRESS TO REIMBURSE 
              TREASURY FOR AMOUNTS PAID AS SETTLEMENTS AND AWARDS UNDER 
              CONGRESSIONAL ACCOUNTABILITY ACT OF 1995.

    (a) Mandating Reimbursement of Amounts Paid.--
            (1) In general.--Section 415 of the Congressional 
        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 Congress for Payment of 
Settlements and Awards.--If a payment is made from the account 
described in subsection (a) for an award or settlement resulting from a 
violation of part A of title II consisting of an act committed 
personally by a Member of the House of Representatives or a Senator, 
the Member or Senator shall reimburse the account for the amount of the 
award or settlement.''.
            (2) Effective date.--The amendment made by paragraph (1) 
        shall apply with respect to payments made on or after the date 
        of the enactment of this Act.
    (b) Reimbursement of Amounts Paid Previously.--
            (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 individual 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 compliance.--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 CONGRESSIONAL ACCOUNTABILITY ACT.

    (a) Annual Report Required.--
            (1) In general.--Section 301 of the Congressional 
        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 Settlements Paid in Connection 
With Violations by Employing 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 committed 
        personally by a Member of the House of Representatives or a 
        Senator, and shall include in the report the following 
        information:
                    ``(A) A description of the violation involved.
                    ``(B) The identification of the Member or Senator 
                involved.
                    ``(C) The amount of the award or settlement.
            ``(2) Protection of identity of individuals receiving 
        awards and settlements.--In preparing and submitting the 
        reports required under this subsection, the Office shall ensure 
        that the identity of any individual who received an award or 
        settlement, 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 Previously Paid.--
            (1) Report.--Not later than 90 days after the date of the 
        enactment of this Act, the Office of Compliance shall submit to 
        Congress and publish on the Office's public website a report 
        listing all awards and settlements paid under the Congressional 
        Accountability 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 Members of the House of 
        Representatives or Senators, and shall include in the report 
        the following information:
                    (A) A description of the violation.
                    (B) The identification of the Member or Senator.
                    (C) The amount of the award or settlement.
            (2) Protection of identity of individuals receiving awards 
        and settlements.--In preparing and submitting the report under 
        this section, the Office shall ensure that the identity of any 
        individual who received an award or settlement, or who made an 
        allegation of a violation against an employing 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.--Except as otherwise 
        provided''; and
            (2) by adding at the end the following new subsection:
    ``(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 Senator.''.
    (b) Permitting Individuals Subject to Existing Nondisclosure 
Agreements To Make Information 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 
nondisclosure agreement as a condition of receiving the award or 
settlement, may, notwithstanding the terms of the agreement, 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 settlements paid in connection with 
the Congressional Accountability Act of 1995 on or after the date of 
the enactment of this Act.
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