Sec. 111. Requiring Members of Congress to reimburse Treasury for amounts paid as settlements and awards in cases of acts committed personally by Members
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Section 415 ( 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 in connection with a claim alleging a violation described in subparagraph
(B)which consists of an act committed personally by an individual who, at the time of committing the act, was a Member of the House of Representatives (including a Delegate or Resident Commissioner to the Congress) or a Senator, the individual shall reimburse the account for the amount of the award or settlement. A violation described in this subparagraph is— a violation of section 201(a); or a violation of section 207 which consists of intimidating, taking reprisal against, or otherwise discriminating against any covered employee because the covered employee has opposed any practice made unlawful by section 201(a). For purposes of carrying out subparagraph (B), the applicable Committee shall establish a timetable and procedures for the withholding of amounts from the compensation of an individual who is a Member of the House of Representatives or a Senator. The payroll administrator shall withhold from an individual’s compensation and transfer to the account described in subsection
(a)(after transferring any amounts to the account of the individual in the Thrift Savings Fund) such amounts as may be necessary to reimburse the account for the payment of an 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 account for such an award or settlement. In this paragraph, the applicable Committee means— the Committee on House Administration 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 the Committee on Rules and Administration of the Senate, in the case of an individual who, at the time of the withholding, is a Senator. If, by the expiration of the 180-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), an individual who is a Member of the House of Representatives or a Senator has not reimbursed the account as required under paragraph (1), the Executive Director of the Federal Retirement Thrift Investment Board shall make a transfer, from the account of the individual in the Thrift Savings Fund to the account described in subsection (a), of an amount equal to the award or settlement (reduced by any amount the individual has reimbursed, taking into account any amounts withheld under paragraph (2)). A transfer under subparagraph
(A)shall be initiated by a written request to the Executive Director from the Secretary of the Treasury in the form and manner required by the Executive Director. 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), notwithstanding section 207 of the Social Security Act ( 42 U.S.C. 407 ), 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
(4)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 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 Administrative Officer to carry out this subsection; or 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 Secretary to carry out this subsection. An individual who is subject to the reimbursement requirement of this subsection shall have the right to intervene in any mediation, hearing, or civil action under this title to the extent necessary 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 deposition which is separate from any other deposition taken from the employee in connection with the hearing or civil action. . Section 8437(e) of title 5, United States Code, is amended by striking or an obligation and inserting the following: an obligation of the Executive Director to make a transfer under section 415(d)(3) of the Congressional Accountability Act of 1995, or an obligation . The amendments made by subsection
(a)shall apply with respect to payments made on or after the date of the enactment of this Act.
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Sec. 111
Requiring Members of Congress to reimburse Treasury for amounts paid as settlements and awards in cases of acts committed personally by Members
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