I 
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 Com-
mittee 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 consider-
ation 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 Representa-
tives of the United States of America in Congress assembled, 
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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 IN-
VOLVING MEMBERS OF CONGRESS. 
(a) NONDISCLOSURE AGREEMENTS AS CONDITION 
OF AWARD OR SETTLEMENT UNDER CONGRESSIONAL AC-
COUNTABILITY ACT OF 1995.— 
(1) PROHIBITION.—Section 401 of the Congres-
sional Accountability Act of 1995 (2 U.S.C. 1401) 
is amended— 
(A) by striking ‘‘Except as otherwise pro-
vided’’ and inserting ‘‘(a) PROCEDURES AVAIL-
ABLE.—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 EX-
ISTING NONDISCLOSURE AGREEMENTS TO MAKE IN-
FORMATION PUBLIC.—Any individual who received 
an award or settlement prior to the date of the en-
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actment 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 agree-
ment as a condition of receiving the award or settle-
ment may, notwithstanding the terms of the agree-
ment, 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 Con-
gressional Accountability Act of 1995 on or after the 
date of the enactment of this Act. 
(b) OTHER NONDISCLOSURE AGREEMENTS INVOLV-
ING ALLEGATIONS OF SEXUAL HARASSMENT OR SEXUAL 
ASSAULT.— 
(1) PROHIBITING
ENFORCEMENT
OF
AGREE-
MENT AGAINST VICTIM.—Any individual who entered 
into a nondisclosure agreement as a condition of re-
ceiving a settlement in connection with an allegation 
of sexual misconduct committed by another indi-
vidual who, at the time of the agreement, was a 
Member of Congress, may make public any informa-
tion relating to the settlement or the allegation, not-
withstanding the terms of the agreement. 
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(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 Represent-
atives, including a Delegate or Resident Com-
missioner 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 
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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 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.— 
‘‘(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 Sen-
ator shall reimburse the account for the amount of 
the award or settlement. 
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‘‘(2) WITHHOLDING AMOUNTS FROM SALARY.— 
If, by the expiration of the 90-day period which be-
gins on the date a payment is made from the ac-
count 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 compensa-
tion and transfer to the account described in sub-
section (a) such amounts as may be necessary to re-
imburse the account for the payment, in accordance 
with such timetable and procedures as may be estab-
lished by— 
‘‘(A) the Committee on House Administra-
tion of the House of Representatives, in the 
case of a Member of the House; or 
‘‘(B) the Committee on Rules and Admin-
istration of the Senate, in the case of a Sen-
ator. 
‘‘(3) NOTIFICATION TO OFFICE OF PERSONNEL 
MANAGEMENT
AND
SECRETARY
OF
THE
TREAS-
URY.—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 
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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 indi-
vidual under chapter 83 or chapter 84 of title 
5, United States Code, and transfer to the ac-
count 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 ac-
tions as the Secretary of the Treasury considers 
appropriate to withhold from any payment to 
the individual under title II of the Social Secu-
rity Act and transfer to the account described 
in subsection (a), such amounts as may be nec-
essary to reimburse the account for the pay-
ment. 
‘‘(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 
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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 Of-
ficer of the House of Representatives, or an em-
ployee of the Office of the Chief Administrative 
Officer who is designated by the Chief Adminis-
trative Officer to carry out this subsection; or 
‘‘(B) in the case of a Senator, the Sec-
retary of the Senate, or an employee of the Of-
fice of the Secretary of the Senate who is des-
ignated by the Secretary to carry out this sub-
section.’’. 
(2) EFFECTIVE DATE.—The amendments 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.— 
(1) REQUIRING REIMBURSEMENT.—If, prior to 
the date of the enactment of this Act, a payment 
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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 com-
mitting the act, was a Member of the House of Rep-
resentatives or a Senator, the individual shall reim-
burse 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 pay-
roll administrator shall withhold from the indi-
vidual’s compensation and transfer to the ac-
count 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)). 
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(B) If the individual is not a Member of 
the House of Representatives or a Senator— 
(i) the Director of the Office of Per-
sonnel 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 regula-
tions provided under paragraph (3) of sec-
tion 415(d) of such Act (as added by sub-
section (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 ac-
count for the payment, in the same man-
ner and subject to the same regulations 
provided under paragraph (3) of section 
415(d) of such Act (as added by subsection 
(a)). 
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(3) NOTIFICATIONS
BY
OFFICE
OF
COMPLI-
ANCE.—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 pay-
ment described in paragraph (1) was made, includ-
ing the amount of the payment: 
(A) The individual who is required to reim-
burse 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 
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Accountability Act of 1995, the Members’ Representa-
tional Allowance, and other accounts of the House of Rep-
resentatives 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 Mem-
ber or Senator involved. 
(3) The amount of the award or settlement. 
(b) PROTECTION OF IDENTITY OF INDIVIDUALS RE-
CEIVING AWARDS AND SETTLEMENTS.—In preparing and 
submitting the audit and report required under this sec-
tion, 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 viola-
tion against an office of a Member or Senator, is not dis-
closed and may not otherwise be determined. 
(c) ACCESS TO RECORDS.—The Office of Compliance, 
the Chief Administrative Officer of the House of Rep-
resentatives, and the Secretary of the Senate shall each 
ensure that the Comptroller General of the United States 
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has sufficient access to the records and accounts necessary 
for the Comptroller General to carry out this section. 
Æ 
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