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. GALLA-
GHER) 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 pur-
poses. 
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Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Congressional Ac-
countability and Hush Fund Elimination Act’’. 
SEC. 2. PROHIBITING USE OF PUBLIC FUNDS TO PAY SET-
TLEMENTS AND AWARDS FOR CLAIMS UNDER 
CONGRESSIONAL ACCOUNTABILITY ACT OF 
1995 WHICH ARISE FROM SEXUAL HARASS-
MENT. 
(a) PROHIBITION.— 
(1) IN GENERAL.—Section 415 of the Congres-
sional Accountability Act of 1995 (2 U.S.C. 1415) 
is amended— 
(A) in subsection (a), by striking ‘‘sub-
section (c)’’ and inserting ‘‘subsections (c) and 
(d)’’; and 
(B) by adding at the end the following new 
subsection: 
‘‘(d) NO USE OF PUBLIC FUNDS FOR PAYMENTS OF 
AWARDS AND SETTLEMENTS IN CONNECTION WITH ACTS 
OF SEXUAL HARASSMENT.—No funds of the Treasury of 
the United States, including the account described in sub-
section (a), an account of the House of Representatives 
or Senate, or any other account of the Federal Govern-
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ment, may be used for the payment of an award or settle-
ment in connection with a violation of section 201(a)(1) 
if the violation consists of an act of sexual harassment 
or sexual assault.’’. 
(2) EFFECTIVE DATE.—The amendment made 
by paragraph (1) shall apply with respect to settle-
ments and awards paid on or after the date of the 
enactment of this Act. 
(b) TREATMENT OF AMOUNTS PREVIOUSLY PAID.— 
(1) REPORT BY OFFICE OF COMPLIANCE.—Not 
later than 30 days after the date of the enactment 
of this Act, the Office of Compliance shall submit to 
Congress and make available to the public on the 
Office’s public website a report on all payments 
made with public funds prior to the date of the en-
actment of this Act for awards and settlements in 
connection with violations of section 201(a)(1) of the 
Congressional Accountability Act of 1995, and shall 
include in the report the following information: 
(A) The amount paid for each such award 
or settlement. 
(B) The source of the public funds used 
for the award or settlement, without regard to 
whether the funds were paid from the account 
described in section 415(a) of such Act (2 
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U.S.C. 1415(a)), an account of the House of 
Representatives or Senate, or any other account 
of the Federal Government. 
(C) The identification of the employing of-
fice involved and any individual who committed 
the violation involved. 
(2) PROTECTION OF IDENTITY OF INDIVIDUALS 
RECEIVING
AWARDS
AND
SETTLEMENTS.—In pre-
paring and submitting the report required under 
paragraph (1), the Office of Compliance shall ensure 
that the identity of any individual who received an 
award or settlement, or who made an allegation of 
a violation against an employing office, is not dis-
closed. 
(3) REPAYMENT BY PERPETRATORS.—Each in-
dividual who committed an act of sexual harassment 
or sexual assault for which an award or settlement 
described in paragraph (1) was paid with public 
funds at any time after the enactment of the Con-
gressional Accountability Act of 1995 shall make a 
payment to the Treasury of the United States in an 
amount equal to the amount of the award or settle-
ment involved, increased by an interest rate equal to 
the interest rate for a Federal Direct PLUS Loan 
on the date on which the award or settlement was 
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paid in accordance with section 455(b)(8)(C) of the 
Higher 
Education 
Act 
of 
1965 
(20 
U.S.C. 
1087e(b)(8)(C)). 
SEC. 3. PROHIBITING IMPOSITION OF NONDISCLOSURE 
AGREEMENTS IN CASES INVOLVING SEXUAL 
HARASSMENT OR SEXUAL ASSAULT. 
(a) PROHIBITION.—Section 401 of the Congressional 
Accountability Act of 1995 (2 U.S.C. 1401) is amended— 
(1) by striking ‘‘Except as otherwise provided’’ 
and inserting ‘‘(a) PROCEDURES AVAILABLE.—Ex-
cept as otherwise provided’’; and 
(2) by adding at the end the following new sub-
section: 
‘‘(b) PROHIBITING IMPOSITION OF NONDISCLOSURE 
AGREEMENTS AS PREREQUISITE FOR PROCEDURES.—A 
nondisclosure agreement may not be imposed on any party 
as a condition of the initiation of any of the procedures 
available under this title for consideration of a violation 
of part A of title II if the violation consists of an act of 
sexual harassment or sexual assault.’’. 
(b) TREATMENT OF EXISTING AGREEMENTS.—Any 
individual who received an award or settlement prior to 
the date of the enactment of this Act in connection with 
a violation of section 201(a)(1) of the Congressional Ac-
countability Act of 1995 which consisted of an act of sex-
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ual harassment or sexual assault and who signed a non-
disclosure 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. 
Æ 
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