§1415 Payments

Summary

Only money put into a special Treasury account for the Office can be used to pay awards and settlements, except where the law says otherwise. Money is also allowed to be appropriated as needed to run the offices that handle these claims. The account cannot be used for awards involving the Government Accountability Office or the Government Publishing Office. If the claim is about certain specific violations (those in sections 1311(a)(3), 1331, or 1341), the employing office that caused the problem must pay from its own funds instead. If a payment from the Office account was for a claim saying a Member of the House (including a Delegate or Resident Commissioner) or a Senator personally committed unlawful harassment, intimidation, reprisal, or discrimination, that Member or Senator must pay the Office back. For hearing officer or court decisions, repayment is required only if the judge or hearing officer separately finds the Member or Senator personally committed the unlawful act, and then only certain compensatory damages are recoverable as if under 42 U.S.C. 1981a(b)(3). If an award covers several claims, the Member or Senator only repays the part tied to the covered violation. The Member’s or Senator’s chamber committee sets a repayment schedule, and the payroll administrator will withhold money from pay and send it to the account if the person has not repaid within 90 days of the payment. If still unpaid after 180 days, transfers from the person’s Thrift Savings account may be made to cover the debt. If unpaid after 270 days and the person has left Congress for a non‑Federal job, the unpaid amount becomes a federal claim and the Treasury will collect it, including by garnishing wages. If after 270 days the person is not in a non‑Federal job and has not served as a Member/Senator in the prior 90 days, Treasury may seek repayment from federal annuities or Social Security benefits. Once fully repaid, a certification is sent to the appropriate House or Senate ethics committees. The Member or Senator has the right to join any mediation, hearing, or lawsuit to protect their repayment interests. “Non‑Federal position” means any job that is not a federal employee job. “Payroll administrator” means the Chief Administrative Officer (or designee) for House Members and the Secretary of the Senate (or designee) for Senators. Finally, when the Office pays an award for a claim against a regular employing office (not a House or Senate office) for unlawful harassment under 1311(a) or 1316(a), the Office will tell that employing office the amount paid, and that office must repay the Office account from its operating funds within 180 days following Office rules.