Sec. 3. Personal liability of Members of Congress to reimburse Treasury for amounts paid as settlements and awards in cases of sexual harassment or sexual assault
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Section 415 of the Congressional Accountability Act of 1995 ( 2 U.S.C. 1415 ) is amended by adding at the end the following new subsection: If a payment is made from the account described in subsection
(a)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 Senator, the Member or Senator shall reimburse the account for the amount of the award or settlement. If, by the expiration of the 90-day period which begins on the date a payment is made from the account described in subsection
(a)for an award or settlement described in paragraph (1), a Member or Senator has not reimbursed the account as required under paragraph (1), the payroll administrator shall withhold from the Member’s or Senator’s compensation and transfer to the account described in subsection
(a)such amounts as may be necessary to reimburse the account for the payment, in accordance with such timetable and procedures as may be established by— the Committee on House Administration of the House of Representatives, in the case of a Member of the House; or the Committee on Rules and Administration of the Senate, in the case of a Senator. If, at the time an individual is first no longer receiving compensation as a Member or a Senator, the amounts withheld under this subsection have not been sufficient to reimburse the account described in subsection
(a)for an award or settlement described in paragraph (1), the payroll administrator— shall notify the Director of the Office of Personnel Management, who shall take such actions as the Director considers appropriate to withhold from any annuity payable to the individual under chapter 83 or chapter 84 of title 5, United States Code, and transfer to the account described in subsection (a), such amounts as may be necessary to reimburse the account for the payment; and shall notify the Secretary of the Treasury, who (if necessary) 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 (a), such amounts as may be necessary to reimburse the account for the payment. The Director of the Office of Personnel Management and the Secretary of the Treasury shall carry out paragraph
(3)in a manner that ensures the coordination of the withholding and transferring of amounts under such paragraph, in accordance with regulations promulgated by the Director and the Secretary. In this section, the term payroll administrator means— in the case of 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 Administrative Officer to carry out this subsection; or in the case of a Senator, the Secretary of the Senate, or an employee of the Office of the Secretary of the Senate who is designated by the Secretary to carry out this subsection. . The amendments made by paragraph
(1)shall apply with respect to payments made on or after the date of the enactment of this Act. If, prior to the date of the enactment of this Act, a payment was made from the account described in section 415(a) of the Congressional Accountability Act of 1995 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 who, at the time of committing the act, was a Member of the House of Representatives or a Senator, the individual shall reimburse the account for the amount of the award or settlement. If, by the expiration of the 90-day period which begins on the date of the enactment of this Act, an individual has not met the requirements of paragraph (1), the individual shall be subject to withholding of amounts as follows: If the individual is a Member of the House of Representatives or a Senator, the payroll administrator shall withhold from the individual’s compensation and transfer to the account described in paragraph
(1)such amounts as may be necessary to reimburse the account for the payment, in the same manner provided under paragraph
(2)of section 415(d) of such Act (as added by subsection (a)). If the individual is not a Member of the House of Representatives or a Senator— the Director of the Office of Personnel Management shall withhold from any annuity payable to the individual under chapter 83 or chapter 84 of title 5, United States Code, and transfer to the account described in paragraph (1), such amounts as may be necessary to reimburse the account for the payment, in the same manner and subject to the same regulations provided under paragraph
(3)of section 415(d) of such Act (as added by subsection (a)); and if necessary, 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 (1), such amounts as may be necessary to reimburse the account for the payment, in the same manner and subject to the same regulations provided under paragraph
(3)of section 415(d) of such Act (as added by subsection (a)). As soon as practicable after the date of the enactment of this Act, the Office of Compliance shall submit a notice to each of the following that a payment described in paragraph
(1)was made, including the amount of the payment: The individual who is required to reimburse the amount of the payment under this subsection. The payroll administrator. The Director of the Office of Personnel Management. The Secretary of the Treasury. In this subsection, the term payroll administrator has the meaning given such term in section 415(d)(5) of the Congressional Accountability Act of 1995, as added by subsection (a).
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Sec. 3
Personal liability of Members of Congress to reimburse Treasury for amounts paid as settlements and awards in cases of sexual harassment or sexual assault
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