2 U.S.C. § 1415 — Payments

Page 345 TITLE 2—THE CONGRESS § 1415 Stat. 3, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 1301 of this title and Tables. AMENDMENTS 2018—Pub. L. 115–397 struck out ‘‘of complaints’’ after ‘‘Settlement’’ in section catchline. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2018 AMENDMENT Amendment by Pub. L. 115–397 effective upon expira- tion of the 180-day period beginning on Dec. 21, 2018, with provisions for effect on pending proceedings, see section 401 of Pub. L. 115–397, set out as a note under section 1301 of this title. § 1415. Payments (a) Awards and settlements Except as provided in subsection (c), only funds which are appropriated to an account of the Office in the Treasury of the United States for the payment of awards and settlements may be used for the payment of awards and settle- ments under this chapter. There are appro- priated for such account such sums as may be necessary to pay such awards and settlements. Funds in the account are not available for awards and settlements involving the Govern- ment Accountability Office or the Government Publishing Office. (b) Compliance Except as provided in subsection (c), there are authorized to be appropriated such sums as may be necessary for administrative, personnel, and similar expenses of employing offices which are needed to comply with this chapter. (c) OSHA, accommodation, and access require- ments Funds to correct violations of section 1311(a)(3), 1331, or 1341 of this title may be paid only from funds appropriated to the employing office or entity responsible for correcting such violations. There are authorized to be appro- priated such sums as may be necessary for such funds. (d) Reimbursement by Members of Congress of amounts paid as settlements and awards (1) Reimbursement required for certain viola- tions (A) In general Subject to subparagraphs (B) and (D), if a payment is made from the account described in subsection (a) for an award or settlement in connection with a claim alleging a viola- tion described in subparagraph (C) com- mitted personally by an individual who, at the time of committing the violation, was a Member of the House of Representatives (in- cluding a Delegate or Resident Commis- sioner to the Congress) or a Senator, the in- dividual shall reimburse the account for the amount of the award or settlement for the claim involved. (B) Conditions In the case of an award made pursuant to a decision of a hearing officer under section 1405 of this title, or a court in a civil action, subparagraph (A) shall apply only if the hearing officer or court makes a separate finding that a violation described in sub- paragraph (C) occurred which was com- mitted personally by an individual who, at the time of committing the violation, was a Member of the House of Representatives (in- cluding a Delegate or Resident Commis- sioner to the Congress) or a Senator, and such individual shall reimburse the account for the amount of compensatory damages in- cluded in the award as would be available if awarded under section 1981a(b)(3) of title 42 irrespective of the size of the employing of- fice. In the case of a settlement for a claim described in section 1416(d)(3) of this title, subparagraph (A) shall apply only if the con- ditions specified in section 1416(d)(3) of this title for requesting reimbursement are met. (C) Violations described A violation described in this subparagraph is— (i) harassment that is unlawful under section 1311(a) or 1316(a) of this title; or (ii) intimidation, reprisal, or discrimina- tion that is unlawful under section 1317 of this title and is taken against a covered employee because of a claim alleging a violation described in clause (i). (D) Multiple claims If an award or settlement is made for mul- tiple claims, some of which do not require reimbursement under this subsection, the individual described in subparagraph (A) shall only be required to reimburse for the amount (referred to in this chapter as the ‘‘reimbursable portion’’) that is— (i) described in subparagraph (A), subject to subparagraph (B); and (ii) included in the portion of the award or settlement attributable to a claim re- quiring reimbursement. (2) Withholding amounts from compensation (A) Establishment of timetable and proce- dures by committees For purposes of carrying out subparagraph (B), the applicable Committee shall estab- lish a timetable and procedures for the with- holding of amounts from the compensation of an individual who is a Member of the House of Representatives or a Senator. (B) Deadline The payroll administrator shall withhold from an individual’s compensation and transfer to the account described in sub- section (a) (after making any deposit re- quired under section 8432(f) of title 5) such amounts as may be necessary to reimburse the account described in subsection (a) for the reimbursable portion of the award or settlement described in paragraph (1) if the individual has not reimbursed the account as required under paragraph (1) prior to the expiration of the 90-day period which begins on the date a payment is made from the ac- count for such an award or settlement. Page 346 TITLE 2—THE CONGRESS § 1415 (C) Applicable Committee defined In this paragraph, the term ‘‘applicable Committee’’ means— (i) the Committee on House Administra- tion of the House of Representatives, in the case of an individual who, at the time of the withholding, is a Member of the House; or (ii) the Committee on Rules and Admin- istration of the Senate, in the case of an individual who, at the time of the with- holding, is a Senator. (3) Use of amounts in Thrift Savings Fund as source of reimbursement (A) In general If, by the expiration of the 180-day period that begins on the date a payment is made from the account described in subsection (a) for an award or settlement described in paragraph (1), an individual who is subject to a reimbursement requirement of this sub- section has not reimbursed the account for the entire reimbursable portion as required under paragraph (1), withholding and trans- fers of amounts shall continue under para- graph (2) if the individual remains employed in the same position, and the Executive Di- rector of the Federal Retirement Thrift In- vestment Board shall make a transfer de- scribed in subparagraph (B). (B) Transfers The transfer by such Executive Director is a transfer, from the account of the indi- vidual in the Thrift Savings Fund to the ac- count described in subsection (a), of an amount equal to the amount of that reim- bursable portion of the award or settlement, reduced by— (i) any amount the individual has reim- bursed, taking into account any amounts withheld under paragraph (2); and (ii) if the individual remains employed in the same position, any amount that the in- dividual is scheduled to reimburse, taking into account any amounts to be withheld under the individual’s timetable under paragraph (2). (C) Initiation of transfer Notwithstanding section 8435 of title 5, the Executive Director described in subpara- graph (A) shall make the transfer under sub- paragraph (A) upon receipt of a written re- quest to the Executive Director from the Secretary of the Treasury, in the form and manner required by the Executive Director. (D) Coordination between payroll adminis- trator and the Executive Director The payroll administrator and the Execu- tive Director described in subparagraph (A) shall carry out this paragraph in a manner that ensures the coordination of the with- holding and transferring of amounts under this paragraph, in accordance with regula- tions promulgated by the Board under sec- tion 1383 of this title and such Executive Di- rector. (4) Administrative wage garnishment or other collection of wages from a subsequent posi- tion (A) Individual subject to garnishment or other collection Subparagraph (B) shall apply to an indi- vidual who is subject to a reimbursement re- quirement of this subsection if, at any time after the expiration of the 270-day period that begins on the date a payment is made from the account described in subsection (a) for an award or settlement described in paragraph (1), the individual— (i) has not reimbursed the account for the entire reimbursable portion as re- quired under paragraph (1), through withholdings or transfers under para- graphs (2) and (3); (ii) is not serving in a position as a Mem- ber of the House of Representatives or a Senator; and (iii) is employed in a subsequent non- Federal position. (B) Garnishment or other collection of wages On the expiration of that 270-day period, the amount of the reimbursable portion of an award or settlement described in para- graph (1) (reduced by any amount the indi- vidual has reimbursed, taking into account any amounts withheld or transferred under paragraph (2) or (3)) shall be treated as a claim of the United States and transferred to the Secretary of the Treasury for collec- tion. Upon that transfer, the Secretary of the Treasury shall collect the claim, in ac- cordance with section 3711 of title 31, includ- ing by administrative wage garnishment of the wages of the individual described in sub- paragraph (A) from the position described in subparagraph (A)(iii). The Secretary of the Treasury shall transfer the collected amount to the account described in subsection (a). (5) Notification to Office of Personnel Manage- ment and Secretary of the Treasury (A) Individual subject to annuity or social se- curity withholding Subparagraph (B) shall apply to an indi- vidual subject to a reimbursement require- ment of this subsection if, at any time after the expiration of the 270-day period de- scribed in paragraph (4)(A), the individual— (i) has not served in a position as a Mem- ber of the House of Representatives or a Senator during the preceding 90 days; and (ii) is not employed in a subsequent non- Federal position. (B) Annuity or social security withholding If, at any time after the 270-day period de- scribed in paragraph (4)(A), the individual described in subparagraph (A) has not reim- bursed the account described in subsection (a) for the entire reimbursable portion of the award or settlement described in paragraph (1) (as determined by the Secretary of the Treasury), through withholdings, transfers, or collections under paragraphs (2) through (4), the Secretary of the Treasury (after con- sultation with the payroll administrator)— Page 347 TITLE 2—THE CONGRESS § 1415 (i) shall notify the Director of the Office of Personnel Management, who shall take such actions as the Director considers ap- propriate to withhold from any annuity payable to the individual under chapter 83 or chapter 84 of title 5 and transfer to the account described in subsection (a), such amounts as may be necessary to reimburse the account for the remainder of the reim- bursable portion of an award or settlement described in paragraph (1); and (ii) shall (if necessary), notwithstanding section 207 of the Social Security Act (42 U.S.C. 407), take such actions as the Sec- retary of the Treasury considers appro- priate to withhold from any payment to the individual under title II of the Social Security Act (42 U.S.C. 401 et seq.) and transfer to the account described in sub- section (a), such amounts as may be nec- essary to reimburse the account for the re- mainder of the reimbursable portion of an award or settlement described in para- graph (1). (6) Coordination between OPM and Treasury The Director of the Office of Personnel Man- agement and the Secretary of the Treasury shall carry out paragraph (5) in a manner that ensures the coordination of the withholding and transferring of amounts under such para- graph, in accordance with regulations promul- gated by the Director and the Secretary. (7) Certification Once the Executive Director determines that an individual who is subject to a reimburse- ment requirement of this subsection has reim- bursed the account described in subsection (a) for the entire reimbursable portion, the Exec- utive Director shall prepare a certification that the individual has completed that reim- bursement, and submit the certification to— (A) the Committees on House Administra- tion and Ethics of the House of Representa- tives, in the case of an individual who, at the time of committing the act involved, was a Member of the House of Representatives (in- cluding a Delegate or Resident Commis- sioner to the Congress); and (B) the Select Committee on Ethics of the Senate, in the case of an individual who, at the time of committing the act involved, was a Senator. (8) Right to intervene An individual who is subject to a reimburse- ment requirement of this subsection shall have the unconditional right to intervene in any mediation, hearing, or civil action under this subchapter to protect the interests of the individual in the determination of whether an award or settlement described in paragraph (1) should be made, and the amount of any such award or settlement, except that nothing in this paragraph may be construed to require the covered employee who filed the claim to be deposed by counsel for the individual in a dep- osition that is separate from any other deposi- tion taken from the employee in connection with the hearing or civil action. (9) Definitions In this subsection: (A) Non-Federal position The term ‘‘non-Federal position’’ means a position other than the position of an em- ployee, as defined in section 2105(a) of title 5. (B) Payroll administrator The term ‘‘payroll administrator’’ means— (i) in the case of an individual who is a Member of the House of Representatives, the Chief Administrative Officer of the House of Representatives, or an employee of the Office of the Chief Administrative Officer who is designated by the Chief Ad- ministrative Officer to carry out this sub- section; or (ii) in the case of an individual who is a Senator, the Secretary of the Senate, or an employee of the Office of the Secretary of the Senate who is designated by the Sec- retary to carry out this subsection. (e) Reimbursement by employing offices (1) Notification of payments made from ac- count As soon as practicable after the Executive Director is made aware that a payment of an award or settlement under this chapter has been made from the account described in sub- section (a) in connection with a claim alleging a violation of section 1311(a) or 1316(a) of this title by an employing office (other than an employing office of the House of Representa- tives or an employing office of the Senate), the Executive Director shall notify the head of the employing office that the payment has been made, and shall include in the notifica- tion a statement of the amount of the pay- ment. (2) Reimbursement by office Not later than 180 days after receiving a no- tification from the Executive Director under paragraph (1), the head of the employing office involved shall transfer to the account de- scribed in subsection (a), out of any funds available for operating expenses of the office, a payment equal to the amount specified in the notification. (3) Timetable and procedures for reimburse- ment The head of an employing office shall trans- fer a payment under paragraph (2) in accord- ance with such timetable and procedures as may be established under regulations promul- gated by the Office. (Pub. L. 104–1, title IV, § 415, Jan. 23, 1995, 109 Stat. 38; Pub. L. 108–271, § 8(b), July 7, 2004, 118 Stat. 814; Pub. L. 113–76, div. I, title I, § 1101(a), Jan. 17, 2014, 128 Stat. 425; Pub. L. 113–235, div. H, title I, § 1301(b), Dec. 16, 2014, 128 Stat. 2537; Pub. L. 115–141, div. I, title I, § 153(a)(2)(E), Mar. 23, 2018, 132 Stat. 786; Pub. L. 115–397, title I, §§ 111(a), 115(a), Dec. 21, 2018, 132 Stat. 5306, 5314.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in subsecs. (a), (b), (d)(1)(D), and (e)(1), was in the original ‘‘this Act’’, meaning Pub. L. 104–1, Jan. 23, 1995, 109 Stat. 3, which is classified principally to this chapter. For complete classification Page 348 TITLE 2—THE CONGRESS § 1416 of this Act to the Code, see Short Title note set out under section 1301 of this title and Tables. The Social Security Act, referred to in subsec. (d)(5)(B)(ii), is act Aug. 14, 1935, ch. 531, 49 Stat. 620. Title II of the Act is classified generally to subchapter II (§ 401 et seq.) of chapter 7 of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see section 1305 of Title 42 and Tables. AMENDMENTS 2018—Subsec. (a). Pub. L. 115–141 substituted ‘‘or’’ for comma after ‘‘Government Accountability Office’’ and struck out ‘‘, or the Library of Congress’’ before period at end. Subsec. (d). Pub. L. 115–397, § 111(a), added subsec. (d). Subsec. (e). Pub. L. 115–397, § 115(a), added subsec. (e). 2014—Subsec. (a). Pub. L. 113–76 substituted ‘‘There are appropriated for such account such sums as may be necessary to pay such awards and settlements.’’ for ‘‘There are authorized to be appropriated for such ac- count such sums as may be necessary to pay such awards and settlements.’’ 2004—Subsec. (a). Pub. L. 108–271 substituted ‘‘Govern- ment Accountability Office’’ for ‘‘General Accounting Office’’. Statutory Notes and Related Subsidiaries CHANGE OF NAME ‘‘Government Publishing Office’’ substituted for ‘‘Government Printing Office’’ in subsec. (a) on author- ity of section 1301(b) of Pub. L. 113–235, set out as a note preceding section 301 of Title 44, Public Printing and Documents. EFFECTIVE DATE OF 2018 AMENDMENT Pub. L. 115–397, title I, § 111(c), Dec. 21, 2018, 132 Stat. 5311, provided that: ‘‘The amendments made by sub- sections (a) and (b) [amending this section and section 8437 of Title 5, Government Organization and Employ- ees] shall apply with respect to claims made on or after the date of the enactment of this Act [Dec. 21, 2018].’’ Pub. L. 115–397, title I, § 115(b), Dec. 21, 2018, 132 Stat. 5314, provided that: ‘‘The amendment made by sub- section (a) [amending this section] shall apply with re- spect to payments made under section 415 of the Con- gressional Accountability Act of 1995 (2 U.S.C. 1415) for claims filed on or after the date of the enactment of this Act [Dec. 21, 2018].’’ EFFECTIVE DATE OF 2014 AMENDMENT Pub. L. 113–76, div. I, title I, § 1101(b), Jan. 17, 2014, 128 Stat. 425, provided that: ‘‘The amendment made by sub- section (a) [amending this section] shall apply with re- spect to fiscal year 2014 and each succeeding fiscal year.’’ § 1416. Confidentiality (a) Mediation All information discussed or disclosed in the course of any mediation shall be strictly con- fidential, and the Executive Director shall no- tify each person participating in the mediation of the confidentiality requirement and of the sanctions applicable to any person who violates the confidentiality requirement. (b) Hearings and deliberations Except as provided in subsections (c), (d), and (e), all proceedings and deliberations of hearing officers and the Board, including any related records, shall be confidential. This subsection shall not apply to proceedings under section 1341 of this title, but shall apply to the deliberations of hearing officers and the Board under that sec- tion. The Executive Director shall notify each person participating in a proceeding or delibera- tion to which this subsection applies of the re- quirements of this subsection and of the sanc- tions applicable to any person who violates the requirements of this subsection. (c) Release of records for judicial action The records of hearing officers and the Board may be made public if required for the purpose of judicial review under section 1407 of this title. (d) Automatic referral to Congressional Ethics Committee of dispositions of claims involving Members of Congress and senior staff (1) Referral Upon the final disposition under this sub- chapter (as described in paragraph (6)) of a claim alleging a violation described in section 1415(d)(1)(C) of this title committed personally by a Member of the House of Representatives (including a Delegate or Resident Commis- sioner to the Congress) or a Senator, or by a senior staff of the House of Representatives or Senate, the Executive Director shall refer the claim to— (A) the Committee on Ethics of the House of Representatives, in the case of a Member or senior staff of the House; or (B) the Select Committee on Ethics of the Senate, in the case of a Senator or senior staff of the Senate. (2) Access to records and information If the Executive Director refers a claim to a Committee under paragraph (1), the Executive Director shall provide the Committee with ac- cess to the records of any preliminary reviews, hearings, or decisions of the hearing officers and the Board under this chapter, and any in- formation relating to an award or settlement paid, in response to such claim. (3) Review by Senate ethics committee of set- tlements of certain claims After the receipt of a settlement agreement for a claim that includes an allegation of a violation described in section 1415(d)(1)(C) of this title committed personally by a Senator, the Select Committee on Ethics of the Senate shall— (A) not later than 90 days after that re- ceipt, review the settlement agreement; (B) determine whether an investigation of the claim is warranted; and (C) if the Select Committee determines, after the investigation, that the claim that resulted in the settlement involved an ac- tual violation described in section 1415(d)(1)(C) of this title committed person- ally by the Senator, then the Select Com- mittee shall notify the Executive Director to request the reimbursement described in section 1415(d) of this title and include the settlement in the report required by section 1381(l) of this title. (4) Protection of personally identifiable infor- mation If a Committee to which a claim is referred under paragraph (1) issues a report with re- spect to the claim, the Committee shall ensure that the report does not directly disclose the