[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4503 Introduced in House (IH)]

<DOC>






115th CONGRESS
  1st Session
                                H. R. 4503

 To amend the Congressional Accountability Act of 1995 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, to 
require Members of Congress to reimburse the Treasury for amounts paid 
as awards and settlements under such Act in cases of sexual harassment 
              and sexual assault, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           November 30, 2017

  Mr. Messer introduced the following bill; which was referred to the 
Committee on House Administration, and in addition to the Committees on 
Oversight and Government Reform, and Ways and Means, 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

_______________________________________________________________________

                                 A BILL


 
 To amend the Congressional Accountability Act of 1995 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, to 
require Members of Congress to reimburse the Treasury for amounts paid 
as awards and settlements under such Act in cases of sexual harassment 
              and sexual assault, 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. SHORT TITLE.

    This Act may be cited as the ``Empowering Victims of Sexual 
Misconduct Act''.

SEC. 2. PROHIBITING IMPOSITION AND ENFORCEMENT OF CERTAIN NONDISCLOSURE 
              AGREEMENTS INVOLVING MEMBERS OF CONGRESS.

    (a) Nondisclosure Agreements as Condition of Award or Settlement 
Under Congressional Accountability Act of 1995.--
            (1) Prohibition.--Section 401 of the Congressional 
        Accountability Act of 1995 (2 U.S.C. 1401) is amended--
                    (A) by striking ``Except as otherwise provided'' 
                and inserting ``(a) Procedures Available.--Except as 
                otherwise provided''; and
                    (B) 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.''.
            (2) 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 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.
            (3) 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.
    (b) Other Nondisclosure Agreements Involving Allegations of Sexual 
Harassment or Sexual Assault.--
            (1) Prohibiting enforcement of agreement against victim.--
        Any individual who entered into a nondisclosure agreement as a 
        condition of receiving a settlement in connection with an 
        allegation of sexual misconduct committed by another individual 
        who, at the time of the agreement, was a Member of Congress, 
        may make public any information relating to the settlement or 
        the allegation, notwithstanding the terms of the agreement.
            (2) Sexual misconduct defined.--In this subsection, the 
        term ``sexual misconduct'' means any of the following:
                    (A) Any act which would be rape under section 
                920(a) of title 10, United States Code, if committed by 
                an individual subject to chapter 47 of such title 
                (commonly referred to as the Uniform Code of Military 
                Justice).
                    (B) Any act which would be sexual assault under 
                section 920(b) of title 10, United States Code, if 
                committed by an individual subject to chapter 47 of 
                such title.
                    (C) Sexual harassment, as described in section 
                1604.11 of title 29, Code of Federal Regulations.
            (3) Member of congress defined.--In this subsection, a 
        ``Member of Congress'' means any of the following individuals:
                    (A) A Member of the House of Representatives, 
                including a Delegate or Resident Commissioner to the 
                Congress.
                    (B) A Senator.
                    (C) An individual who, for purposes of the Federal 
                Election Campaign Act of 1971, is a candidate for 
                election for the office of Member of the House of 
                Representatives (including the office of a Delegate or 
                Resident Commissioner to the Congress) or the office of 
                Senator.

SEC. 3. PERSONAL LIABILITY OF MEMBERS OF CONGRESS TO REIMBURSE TREASURY 
              FOR AMOUNTS PAID AS SETTLEMENTS AND AWARDS IN CASES OF 
              SEXUAL HARASSMENT OR SEXUAL ASSAULT.

    (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.--
            ``(1) In general.--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 of sexual harassment or sexual assault committed 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) Withholding amounts from salary.--If, by the 
        expiration of the 90-day period which begins on the date a 
        payment is made from the account described in subsection (a) 
        for an award or settlement described in paragraph (1), a Member 
        or Senator has not reimbursed the account as required under 
        paragraph (1), the payroll administrator shall withhold from 
        the Member's or Senator's compensation and transfer to the 
        account described in subsection (a) such amounts as may be 
        necessary to reimburse the account for the payment, in 
        accordance with such timetable and procedures as may be 
        established by--
                    ``(A) the Committee on House Administration of the 
                House of Representatives, in the case of a Member of 
                the House; or
                    ``(B) the Committee on Rules and Administration of 
                the Senate, in the case of a Senator.
            ``(3) Notification to office of personnel management and 
        secretary of the treasury.--If, at the time an individual is 
        first no longer receiving compensation as a Member or a 
        Senator, the amounts withheld under this subsection have not 
        been sufficient to reimburse the account described in 
        subsection (a) for an award or settlement described in 
        paragraph (1), the payroll administrator--
                    ``(A) shall notify the Director of the Office of 
                Personnel Management, who shall take such actions as 
                the Director considers appropriate to withhold from any 
                annuity payable to the individual under chapter 83 or 
                chapter 84 of title 5, United States Code, and transfer 
                to the account described in subsection (a), such 
                amounts as may be necessary to reimburse the account 
                for the payment; and
                    ``(B) shall notify the Secretary of the Treasury, 
                who (if necessary) shall take such actions as the 
                Secretary of the Treasury considers appropriate to 
                withhold from any payment to the individual under title 
                II of the Social Security Act and transfer to the 
                account described in subsection (a), such amounts as 
                may be necessary to reimburse the account for the 
                payment.
            ``(4) Coordination between opm and treasury.--The Director 
        of the Office of Personnel Management and the Secretary of the 
        Treasury shall carry out paragraph (3) in a manner that ensures 
        the coordination of the withholding and transferring of amounts 
        under such paragraph, in accordance with regulations 
        promulgated by the Director and the Secretary.
            ``(5) Payroll administrator defined.--In this section, the 
        term `payroll administrator' means--
                    ``(A) in the case of a Member 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 subsection; or
                    ``(B) in the case of a Senator, 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 subsection.''.
            (2) Effective date.--The amendments 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 of sexual harassment or sexual assault committed 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.
            (2) Withholding of amounts in event of failure to 
        reimburse.--If, by the expiration of the 90-day period which 
        begins on the date of the enactment of this Act, an individual 
        has not met the requirements of paragraph (1), the individual 
        shall be subject to withholding of amounts as follows:
                    (A) If the individual is a Member of the House of 
                Representatives or a Senator, the payroll administrator 
                shall withhold from the individual's compensation and 
                transfer to the account described in paragraph (1) such 
                amounts as may be necessary to reimburse the account 
                for the payment, in the same manner provided under 
                paragraph (2) of section 415(d) of such Act (as added 
                by subsection (a)).
                    (B) If the individual is not a Member of the House 
                of Representatives or a Senator--
                            (i) the Director of the Office of Personnel 
                        Management shall withhold from any annuity 
                        payable to the individual under chapter 83 or 
                        chapter 84 of title 5, United States Code, and 
                        transfer to the account described in paragraph 
                        (1), such amounts as may be necessary to 
                        reimburse the account for the payment, in the 
                        same manner and subject to the same regulations 
                        provided under paragraph (3) of section 415(d) 
                        of such Act (as added by subsection (a)); and
                            (ii) if necessary, the Secretary of the 
                        Treasury shall withhold from any payment to the 
                        individual under title II of the Social 
                        Security Act and transfer to the account 
                        described in paragraph (1), such amounts as may 
                        be necessary to reimburse the account for the 
                        payment, in the same manner and subject to the 
                        same regulations provided under paragraph (3) 
                        of section 415(d) of such Act (as added by 
                        subsection (a)).
            (3) Notifications by office of compliance.--As soon as 
        practicable after the date of the enactment of this Act, the 
        Office of Compliance shall submit a notice to each of the 
        following that a payment described in paragraph (1) was made, 
        including the amount of the payment:
                    (A) The individual who is required to reimburse the 
                amount of the payment under this subsection.
                    (B) The payroll administrator.
                    (C) The Director of the Office of Personnel 
                Management.
                    (D) The Secretary of the Treasury.
            (4) Payroll administrator defined.--In this subsection, the 
        term ``payroll administrator'' has the meaning given such term 
        in section 415(d)(5) of the Congressional Accountability Act of 
        1995, as added by subsection (a).

SEC. 4. GAO AUDIT AND REPORT ON AMOUNTS USED TO PAY AWARDS AND 
              SETTLEMENTS.

    (a) Audit and Report.--Not later than 1 year after the date of the 
enactment of this Act, the Comptroller General of the United States 
shall conduct and submit an audit and report on the use of public 
funds, including the account described in section 415(a) of the 
Congressional Accountability Act of 1995, the Members' Representational 
Allowance, and other accounts of the House of Representatives or 
Senate, to make payments of awards and settlements resulting from a 
violation of part A of title II of such Act consisting of an act of 
sexual harassment or sexual assault which was committed by a Member of 
the House of Representatives or a Senator. The report shall include the 
following information:
            (1) A description of each violation involved.
            (2) The identification of the office of the Member or 
        Senator involved.
            (3) The amount of the award or settlement.
    (b) Protection of Identity of Individuals Receiving Awards and 
Settlements.--In preparing and submitting the audit and report required 
under this section, the Comptroller General of the United States shall 
ensure that the identity of any individual who received an award or 
settlement, or who made an allegation of a violation against an office 
of a Member or Senator, is not disclosed and may not otherwise be 
determined.
    (c) Access to Records.--The Office of Compliance, the Chief 
Administrative Officer of the House of Representatives, and the 
Secretary of the Senate shall each ensure that the Comptroller General 
of the United States has sufficient access to the records and accounts 
necessary for the Comptroller General to carry out this section.
                                 <all>