I 

115TH CONGRESS 

1ST SESSION H. R. 4494 

To amend the Congressional Accountability Act of 1995 to prohibit the 

use of public funds to pay awards and settlements in connection with 

claims under such Act which arise from sexual harassment, and for 

other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

NOVEMBER 30, 2017 

Mr. DESANTIS (for himself, Mr. SCHNEIDER, Mr. DELANEY, Mr. BRAT, Mrs. 

BUSTOS, Mr. LOEBSACK, Ms. GABBARD, Mr. WILLIAMS, Mr. GALLEGO, 

Miss RICE of New York, Mr. CRAMER, Mr. MESSER, Mr. MOULTON, Mr. 

COOPER, Mr. BIGGS, Mr. BACON, Mr. BERGMAN, Mr. FRANCIS ROONEY

of Florida, Mr. JODY B. HICE of Georgia, Mr. DAVID SCOTT of Georgia, 

Mr. PALMER, Mr. FITZPATRICK, Mr. JOHNSON of Louisiana, Mr. 

O’HALLERAN, Ms. MCSALLY, Mr. TIPTON, Mr. BANKS of Indiana, Mr. 

YOHO, Mr. PITTENGER, Mr. POLIS, Mrs. BLACK, Mr. ROKITA, Mrs. 

BLACKBURN, Mr. FLEISCHMANN, Mr. JONES, Ms. NORTON, Mr. PEARCE, 

Ms. PINGREE, Mr. NORMAN, Mr. MARINO, Ms. SINEMA, Mr. DUNCAN of 

South Carolina, Mr. POSEY, Mr. COSTA, Mr. LANCE, Mr. GOTTHEIMER, 

Mrs. MIMI WALTERS of California, Mr. KHANNA, Mr. BLUM, Mr. 

ROTHFUS, Mr. RYAN of Ohio, Mr. WALKER, Mr. BUCK, and Mr. GALLAGHER) introduced the following bill; which was referred to the Committee 

on House Administration 

A BILL 

To amend the Congressional Accountability Act of 1995 to 

prohibit the use of public funds to pay awards and 

settlements in connection with claims under such Act 

which arise from sexual harassment, and for other purposes. 


lotter on DSKBCFDHB2PROD with BILLS
2 

•HR 4494 IH

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Congressional Ac5 countability and Hush Fund Elimination Act’’. 

6 SEC. 2. PROHIBITING USE OF PUBLIC FUNDS TO PAY SET7 TLEMENTS AND AWARDS FOR CLAIMS UNDER 

8 CONGRESSIONAL ACCOUNTABILITY ACT OF 

9 1995 WHICH ARISE FROM SEXUAL HARASS10 MENT. 

11 (a) PROHIBITION.— 

12 (1) IN GENERAL.—Section 415 of the Congres13 sional Accountability Act of 1995 (2 U.S.C. 1415) 

14 is amended— 

15 (A) in subsection (a), by striking ‘‘sub16 section (c)’’ and inserting ‘‘subsections (c) and 

17 (d)’’; and 

18 (B) by adding at the end the following new 

19 subsection: 

20 ‘‘(d) NO USE OF PUBLIC FUNDS FOR PAYMENTS OF

21 AWARDS AND SETTLEMENTS IN CONNECTION WITH ACTS

22 OF SEXUAL HARASSMENT.—No funds of the Treasury of 

23 the United States, including the account described in sub24 section (a), an account of the House of Representatives 

25 or Senate, or any other account of the Federal GovernVerDate Sep 11 2014 00:15 Dec 02, 2017 Jkt 079200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H4494.IH H4494

lotter on DSKBCFDHB2PROD with BILLS
3 

•HR 4494 IH

1 ment, may be used for the payment of an award or settle2 ment in connection with a violation of section 201(a)(1) 

3 if the violation consists of an act of sexual harassment 

4 or sexual assault.’’. 

5 (2) EFFECTIVE DATE.—The amendment made 

6 by paragraph (1) shall apply with respect to settle7 ments and awards paid on or after the date of the 

8 enactment of this Act. 

9 (b) TREATMENT OF AMOUNTS PREVIOUSLY PAID.— 

10 (1) REPORT BY OFFICE OF COMPLIANCE.—Not 

11 later than 30 days after the date of the enactment 

12 of this Act, the Office of Compliance shall submit to 

13 Congress and make available to the public on the 

14 Office’s public website a report on all payments 

15 made with public funds prior to the date of the en16 actment of this Act for awards and settlements in 

17 connection with violations of section 201(a)(1) of the 

18 Congressional Accountability Act of 1995, and shall 

19 include in the report the following information: 

20 (A) The amount paid for each such award 

21 or settlement. 

22 (B) The source of the public funds used 

23 for the award or settlement, without regard to 

24 whether the funds were paid from the account 

25 described in section 415(a) of such Act (2 


lotter on DSKBCFDHB2PROD with BILLS
4 

•HR 4494 IH

1 U.S.C. 1415(a)), an account of the House of 

2 Representatives or Senate, or any other account 

3 of the Federal Government. 

4 (C) The identification of the employing of5 fice involved and any individual who committed 

6 the violation involved. 

7 (2) PROTECTION OF IDENTITY OF INDIVIDUALS

8 RECEIVING AWARDS AND SETTLEMENTS.—In pre9 paring and submitting the report required under 

10 paragraph (1), the Office of Compliance shall ensure 

11 that the identity of any individual who received an 

12 award or settlement, or who made an allegation of 

13 a violation against an employing office, is not dis14 closed. 

15 (3) REPAYMENT BY PERPETRATORS.—Each in16 dividual who committed an act of sexual harassment 

17 or sexual assault for which an award or settlement 

18 described in paragraph (1) was paid with public 

19 funds at any time after the enactment of the Con20 gressional Accountability Act of 1995 shall make a 

21 payment to the Treasury of the United States in an 

22 amount equal to the amount of the award or settle23 ment involved, increased by an interest rate equal to 

24 the interest rate for a Federal Direct PLUS Loan 

25 on the date on which the award or settlement was 


lotter on DSKBCFDHB2PROD with BILLS
5 

•HR 4494 IH

1 paid in accordance with section 455(b)(8)(C) of the 

2 Higher Education Act of 1965 (20 U.S.C. 

3 1087e(b)(8)(C)). 

4 SEC. 3. PROHIBITING IMPOSITION OF NONDISCLOSURE 

5 AGREEMENTS IN CASES INVOLVING SEXUAL 

6 HARASSMENT OR SEXUAL ASSAULT. 

7 (a) PROHIBITION.—Section 401 of the Congressional 

8 Accountability Act of 1995 (2 U.S.C. 1401) is amended— 

9 (1) by striking ‘‘Except as otherwise provided’’ 

10 and inserting ‘‘(a) PROCEDURES AVAILABLE.—Ex11 cept as otherwise provided’’; and 

12 (2) by adding at the end the following new sub13 section: 

14 ‘‘(b) PROHIBITING IMPOSITION OF NONDISCLOSURE

15 AGREEMENTS AS PREREQUISITE FOR PROCEDURES.—A 

16 nondisclosure agreement may not be imposed on any party 

17 as a condition of the initiation of any of the procedures 

18 available under this title for consideration of a violation 

19 of part A of title II if the violation consists of an act of 

20 sexual harassment or sexual assault.’’. 

21 (b) TREATMENT OF EXISTING AGREEMENTS.—Any 

22 individual who received an award or settlement prior to 

23 the date of the enactment of this Act in connection with 

24 a violation of section 201(a)(1) of the Congressional Ac25 countability Act of 1995 which consisted of an act of sexVerDate Sep 11 2014 00:15 Dec 02, 2017 Jkt 079200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H4494.IH H4494

lotter on DSKBCFDHB2PROD with BILLS
6 

•HR 4494 IH

1 ual harassment or sexual assault and who signed a non2 disclosure agreement as a condition of receiving the award 

3 or settlement may, notwithstanding the terms of the 

4 agreement, make public any information relating to the 

5 award or settlement. 

Æ 


lotter on DSKBCFDHB2PROD with BILLS