Nancy Mace says she has records from congressional sexual misconduct 'slush fund’
She says settlements paid by taxpayers were more than $338,000 over 10 years.
South Carolina Republican Rep. Nancy Mace says she has obtained records through a congressional subpoena that reveal the value of several confidential sexual misconduct and harassment settlements struck on behalf of members of Congress and paid at the expense of the U.S. taxpayer totaling more than $338,000 over a 10-year run -- while a letter to the House Oversight Committee shows that many additional records on the subject have been destroyed.
Mace shared the names of eight former members and the office of one former member shortly after obtaining the documents on Monday.
None of the former members shared by Mace still hold public office anywhere, but the underlying disclosure offers a glimpse into the legislative branch's recent history addressing sexual harassment.
In a post on X, Mace -- a member of the House Oversight Committee -- first posted a picture of a binder she says contained more than 1,000 pages of records from the Office of Congressional Workplace Rights beginning in 2007 and stretching into 2017.
The settlements are paid by the Office of Congressional Workplace Rights Section 415 fund, which is authorized by the Congressional Accountability Act of 1995.
Among those named by Mace are former Rep. Patrick Meehan, R-Pa., and former Rep. Rodney Alexander, R-La., and former Rep. John Conyers, D-Mich., and former Rep. Carolyn McCarthy, D-N.Y., who both passed away shortly after leaving Congress.
Mace listed a settlement of $8,000 in 2009 for the office of McCarthy, who is alleged to have been aware of and conducted mistreatment related to a consensual sexual relationship between an aide and a senior staffer. She also faced allegations of discrimination based on sex and disability, and reprisal.
For Conyers, a $50,000 payment was made in 2010. He's alleged to have made advances on a staffer. Four years later, Conyers faced a hostile workplace, sexual harassment, age discrimination, and reprisal allegations, resulting in improper termination, resulting in a $27,111.75 payout.
Former Rep. Meehan and former Rep. Alexander did not immediately respond to ABC News' request for comment.
Meehan is listed to have two cases involving alleged sexual harassment by a senior staffer that the member was aware of and alleged sexual harassment by the member. The severance pay period for the complainant is listed at $39,250.
Alexander, who left Congress in 2013 and went on to become the Secretary of the Louisiana Department of Veterans Affairs, faced an allegation of a consensual sexual relationship with a member prior to employment, resulting in alleged mistreatment and firing. The payout was listed at $15,000.
An attorney for Rep. Eric Massa, D-N.Y., who faced allegations of hostile workplace, sexual harassment and inappropriate touching, told ABC News in 2017 that the former congressman had no knowledge of the payments. There were three Massa cases listed and three settlements totaling to $115,000.
Former Rep. Blake Farenthold, R-Texas, told ABC News in 2018 that he had no intention of repaying the $84,000 sexual harassment settlement stemming from a 2014 complaint by a former congressional aide alleging sexual harassment, gender discrimination and retaliation. He resigned in 2018 and died last year.
The records surrounding nine cases were provided Monday to Mace and the House Oversight Committee by the Office of Congressional Workplace Rights as part of an initial document production pursuant to a committee subpoena, according to a letter signed by John N. Ohlweiler, general counsel at the OCWR, that was sent to the committee on April 24.
The letter presents "relevant statistical information" regarding OCWR cases from Jan. 1, 1996, through Dec. 12, 2018. The OCWR says it "approved a total of 349 awards or settlements to resolve complaints against legislative branch offices."
"Some of these awards or settlements may have resolved more than one complaint filed by the same individual against the same office. Of these 349 awards or settlements, there were 80 that were settled by the Office of a Member of the House of Representatives or the Office of a Senator," the letter states.
ABC News has reviewed an April 24 letter to the committee, which does not name any of the lawmakers whose cases are detailed in the 1,000-page document production to the Oversight Committee, meeting an April 30 deadline imposed by a committee subpoena. A source familiar with the document production confirmed to ABC News that the names listed by Mace do appear in the 1,000-page response from OCWR, though ABC News has not yet independently reviewed the complete document production.
Mace says she will release the documents after carefully reviewing them to ensure that any sensitive information about victims is fully redacted.
In his letter to the committee, Ohlweiler explained how the Office of Congressional Workplace Rights determined which documents met the committee’s objective to investigate sexual misconduct or harassment involving a member of Congress.
Ohlweiler’s letter notes that the CAA Reform Act of 2018 requires OCR to establish a program for the permanent retention of records and OCR's current Record Retention Policy requires the digital preservation of records from all filed cases.
"We prioritized our efforts on identifying those cases involving allegations of actual Member misconduct -- particularly sexual misconduct or sexual harassment -- that resulted in awards or settlements, and locating the documents associated with those cases," Ohlweiler wrote Oversight Chairman James Comer and ranking Democrat Robert Garcia.
The letter from Ohlweiler explains that from the 80 total settlements, at least 20 case files "were destroyed pursuant to an 'OCWR Record Retention Policy' that required case records to be destroyed ten years after the case was fully closed" in accordance with a retention policy "put in place in 2013 to align OCWR with regular government-wide record retention practices."
The OCWR says it maintained a retention policy that required case records to be destroyed ten years after the case was fully closed -- a policy it put in place in 2013 to align OCWR with “regular government-wide record retention practices.”
Ohlweiler’s letter notes that the CAA Reform Act of 2018 requires OCR to establish a program for the permanent retention of records and OCR's current Record Retention Policy requires the digital preservation of records from all filed cases.
"These 20 destroyed physical case files dated to the time period between 1996 and 2003. There are 3 additional physical case files from 2003 and 2004 for which the 'OCWR Record Retention Policy -- Destruction Schedule' indicates the physical case files were destroyed, but we have not yet physically confirmed that destruction took place because the relevant boxes from long-term storage have not been examined."
Ohlweiler says that OCWR does still possess and has reviewed the original Settlement Agreements for these 23 cases -- including the terms of the settlements. But Ohlweiler says the documents "do not specify any details about the underlying allegations, including who was accused of committing the alleged misconduct."
There were six additional cases scheduled for destruction between 1997 and 2001 for which OCWR does not have the Settlement Agreement or the case file, according to Ohlweiler's letter. Ohlweiler says that information within the office's retired content management system confirms that these six cases were filed against member offices and were ultimately settled.
"For these 6 cases, the CMS does not provide any information regarding the terms of the settlement (except that only one of the six required a payment from the 416 Fund) or the details of the underlying allegations," Ohlweiler wrote.
"The results of my subpoena of Congress's sexual harassment slush fund are in. Nine members. One thousand pages," Mace posted on X on Monday. "All records prior to 2004 were destroyed -- which tells you everything you need to know about how long this has been buried. We are reviewing every page. We will name all nine. We will release the full 1,000 pages -- once we confirm that personally identifiable information of victims and witnesses has been properly redacted. Accountability is not a threat. It is a promise."
"Read that again: they destroyed all the evidence prior to 2004," Rep. Anna Paulina Luna, R-Florida, reacted on X.