Empowering Victims of Sexual Misconduct Act
This bill amends the Congressional Accountability Act of 1995 (CAA) to (1) prohibit the imposition of a nondisclosure agreement upon any party as a condition of an award or settlement resulting from a violation of certain CAA rights and protections, and (2) require a Member of Congress to reimburse the Treasury for awards or settlements resulting from violations of CAA rights and protections against sexual harassment or sexual assault committed by the Member.
[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>
Introduced in House
Introduced in House
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.
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.
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.
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