,i  #aaeth ,,congress  #ast ,session    
,h4 ,r4 #dejc  ,,in ,,the ,,house ,,of  
,,representatives  ,november #cj1       
#bjag,mr4 ,messer introduced the        
following bill2 which was referred to   
the ,committee on ,house                
,administration1 and in addition to the 
,committees on ,oversight and           
,government ,reform1 and ,ways and      
,means1 for a period to be subsequently 
determined by the ,speaker1 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 #aiie 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 ,act1 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 assault1  
and for other purposes4  #a4 ,short     

title ,this ,act may be cited as the    
,empowering ,victims of ,sexual         
,misconduct ,act4  #b4 ,prohibiting     
imposition and enforcement of certain   
nondisclosure agreements involving      
,members of ,congress  7a7              
,nondisclosure agreements as condition  
of award or settlement under            
,congressional ,accountability ,act of  
#aiie  7#a7 ,prohibition ,section #dja  
of the ,congressional ,accountability   
,act of #aiie 7#b ,u4,s4,c4 #adja7 is   
amended--  7,a7 by striking ,except as  
otherwise provided and inserting 7a7    
,procedures available4--,except as      
otherwise provided2 and  7,b7 by adding 
at the end the following new subsection3
  7b7 ,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 ,,ii4  4  7#b7 ,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 #aiie and who   
signed a nondisclosure agreement as a   
condition of receiving the award or     
settlement may1 notwithstanding the     
terms of the agreement1 make public any 
information relating to the award or    
settlement4  7#c7 ,effective date ,the  
amendment made by paragraph 7#a7 shall  
apply with respect to awards and        
settlements paid in connection with the 
,congressional ,accountability ,act of  
#aiie on or after the date of the       
enactment of this ,act4  7b7 ,other     
nondisclosure agreements involving      
allegations of sexual harassment or     
sexual assault  7#a7 ,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 who1 at 
the time of the agreement1 was a ,member
 of ,congress1 may make public any      
information relating to the settlement  
or the allegation1 notwithstanding the  
terms of the agreement4  7#b7 ,sexual   
misconduct defined ,in this subsection1 
the term sexual misconduct means any of 
the following3 7,a7 ,any act which would
 be rape under section #ibj7;a7 of title
 #aj1 ,united ,states ,code1 if         
committed by an individual subject to   
chapter #dg of such title 7commonly     
referred to as the ,uniform ,code of    
,military ,justice74  7,b7 ,any act     
which would be sexual assault under     
section #ibj7;b7 of title #aj1 ,united  
,states ,code1 if committed by an       
individual subject to chapter #dg of    
such title4  7,c7 ,sexual harassment1 as
 described in section #afjd4aa of title 
#bi1 ,code of ,federal ,regulations4    
7#c7 ,member of ,congress defined ,in   

this subsection1 a ,member of ,congress 
means any of the following individuals3 
7,a7 ,a ,member of the ,house of        
,representatives1 including a ,delegate 
or ,resident ,commissioner to the       
,congress4  7,b7 ,a ,senator4  7,c7 ,an 
individual who1 for purposes of the     
,federal ,election ,campaign ,act of    
#aiga1 is a candidate for election for  
the office of ,member of the ,house of  
,representatives 7including the office  
of a ,delegate or ,resident             
,commissioner to the ,congress7 or the  
office of ,senator4  #c4 ,personal      
liability of ,members of ,congress to   
reimburse ,treasury for amounts paid as 
settlements and awards in cases of      
sexual harassment or sexual assault  7a7
 ,mandating reimbursement of amounts    
paid  7#a7 ,in general ,section #dae of 
the ,congressional ,accountability ,act 
of #aiie 7#b ,u4,s4,c4 #adae7 is amended
 by adding at the end the following new 
subsection3  7d7 ,personal liability of 
,members of ,congress for payment of    

settlements and awards  7#a7 ,in general
 ,if a payment is made from the account 
described in subsection 7a7 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 ,senator1 the     
,member or ,senator shall reimburse the 
account for the amount of the award or  
settlement4  7#b7 ,withholding amounts  
from salary ,if1 by the expiration of   
the #ij-;day period which begins on the 
date a payment is made from the account 
described in subsection 7a7 for an award
 or settlement described in paragraph   
7#a71 a ,member or ,senator has not     
reimbursed the account as required under
 paragraph 7#a71 the payroll            
administrator shall withhold from the   
,member's or ,senator's compensation and
 transfer to the account described in   
subsection 7a7 such amounts as may be   
necessary to reimburse the account for  

the payment1 in accordance with such    
timetable and procedures as may be      
established by--  7,a7 the ,committee on
 ,house ,administration of the ,house of
 ,representatives1 in the case of a     
,member of the ,house2 or  7,b7 the     
,committee on ,rules and ,administration
 of the ,senate1 in the case of a       
,senator4  7#c7 ,notification to ,office
 of ,personnel ,management and          
,secretary of the ,treasury ,if1 at the 
time an individual is first no longer   
receiving compensation as a ,member or a
 ,senator1 the amounts withheld under   
this subsection have not been sufficient
 to reimburse the account described in  
subsection 7a7 for an award or          
settlement described in paragraph 7#a71 
the payroll administrator--  7,a7 shall 
notify the ,director of the ,office of  
,personnel ,management1 who shall take  
such actions as the ,director considers 
appropriate to withhold from any annuity
 payable to the individual under chapter
 #hc or chapter #hd of title #e1 ,united

 ,states ,code1 and transfer to the     
account described in subsection 7a71    
such amounts as may be necessary to     
reimburse the account for the payment2  
and  7,b7 shall notify the ,secretary of
 the ,treasury1 who 7if necessary7 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 7a71
 such amounts as may be necessary to    
reimburse the account for the payment4  
7#d7 ,coordination between ,,opm and    
,treasury ,the ,director of the ,office 
of ,personnel ,management and the       
,secretary of the ,treasury shall carry 
out paragraph 7#c7 in a manner that     
ensures the coordination of the         
withholding and transferring of amounts 
under such paragraph1 in accordance with
 regulations promulgated by the         
,director and the ,secretary4  7#e7     
,payroll administrator defined ,in this 

section1 the term payroll administrator 
means-- 7,a7 in the case of a ,member of
 the ,house of ,representatives1 the    
,chief ,administrative ,officer of the  
,house of ,representatives1 or an       
employee of the ,office of the ,chief   
,administrative ,officer who is         
designated by the ,chief ,administrative
 ,officer to carry out this subsection2 
or  7,b7 in the case of a ,senator1 the 
,secretary of the ,senate1 or an        
employee of the ,office of the          
,secretary of the ,senate who is        
designated by the ,secretary to carry   
out this subsection4  4  7#b7 ,effective
 date ,the amendments made by paragraph 
7#a7 shall apply with respect to        
payments made on or after the date of   
the enactment of this ,act4  7b7        
,reimbursement of amounts paid          
previously  7#a7 ,requiring             
reimbursement ,if1 prior to the date of 
the enactment of this ,act1 a payment   
was made from the account described in  
section #dae7;a7 of the ,congressional  

,accountability ,act of #aiie 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 who1 at the time of    
committing the act1 was a ,member of the
 ,house of ,representatives or a        
,senator1 the individual shall reimburse
 the account for the amount of the award
 or settlement4  7#b7 ,withholding of   
amounts in event of failure to reimburse
 ,if1 by the expiration of the #ij-;day 
period which begins on the date of the  
enactment of this ,act1 an individual   
has not met the requirements of         
paragraph 7#a71 the individual shall be 
subject to withholding of amounts as    
follows3  7,a7 ,if the individual is a  
,member of the ,house of                
,representatives or a ,senator1 the     
payroll administrator shall withhold    
from the individual's compensation and  
transfer to the account described in    
paragraph 7#a7 such amounts as may be   

necessary to reimburse the account for  
the payment1 in the same manner provided
 under paragraph 7#b7 of section        
#dae7;d7 of such ,act 7as added by      
subsection 7a774  7,b7 ,if the          
individual is not a ,member of the      
,house of ,representatives or a         
,senator-- 7i7 the ,director of the     
,office of ,personnel ,management shall 
withhold from any annuity payable to the
 individual under chapter #hc or chapter
 #hd of title #e1 ,united ,states ,code1
 and transfer to the account described  
in paragraph 7#a71 such amounts as may  
be necessary to reimburse the account   
for the payment1 in the same manner and 
subject to the same regulations provided
 under paragraph 7#c7 of section        
#dae7;d7 of such ,act 7as added by      
subsection 7a772 and  7ii7 if necessary1
 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 7#a71

 such amounts as may be necessary to    
reimburse the account for the payment1  
in the same manner and subject to the   
same regulations provided under         
paragraph 7#c7 of section #dae7;d7 of   
such ,act 7as added by subsection 7a774 
7#c7 ,notifications by ,office of       
,compliance ,as soon as practicable     
after the date of the enactment of this 
,act1 the ,office of ,compliance shall  
submit a notice to each of the following
 that a payment described in paragraph  
7#a7 was made1 including the amount of  
the payment3  7,a7 ,the individual who  
is required to reimburse the amount of  
the payment under this subsection4  7,b7
 ,the payroll administrator4  7,c7 ,the 
,director of the ,office of ,personnel  
,management4  7,d7 ,the ,secretary of   
the ,treasury4  7#d7 ,payroll           
administrator defined ,in this          
subsection1 the term payroll            
administrator has the meaning given such
 term in section #dae7;d77#e7 of the    
,congressional ,accountability ,act of  

#aiie1 as added by subsection 7a74  #d4 
,,gao audit and report on amounts used  
to pay awards and settlements  7a7      
,audit and report ,not later than #a    
year after the date of the enactment of 
this ,act1 the ,comptroller ,general of 
the ,united ,states shall conduct and   
submit an audit and report on the use of
 public funds1 including the account    
described in section #dae7;a7 of the    
,congressional ,accountability ,act of  
#aiie1 the ,members' ,representational  
,allowance1 and other accounts of the   
,house of ,representatives or ,senate1  
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 ,senator4 ,the    
report shall include the following      
information3  7#a7 ,a description of    
each violation involved4  7#b7 ,the     
identification of the office of the     

,member or ,senator involved4  7#c7 ,the
 amount of the award or settlement4  7b7
 ,protection of identity of individuals 
receiving awards and settlements ,in    
preparing and submitting the audit and  
report required under this section1 the 
,comptroller ,general of the ,united    
,states shall ensure that the identity  
of any individual who received an award 
or settlement1 or who made an allegation
 of a violation against an office of a  
,member or ,senator1 is not disclosed   
and may not otherwise be determined4    
7c7 ,access to records ,the ,office of  
,compliance1 the ,chief ,administrative 
,officer of the ,house of               
,representatives1 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 
section4