---
kind: "section"
citation: "2 U.S.C. § 1415"
title: "2"
title_heading: "The Congress"
number: "1415"
heading: "Payments"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/2/1415"
units:
  - "Chapter 24 — Congressional Accountability"
  - "Subchapter IV — Administrative and Judicial Dispute-Resolution Procedures"
---

# §1415. Payments

- (a) **Awards and settlements—** Except as provided in [subsection (c)](#c), only funds which are appropriated to an account of the [Office](/usc/2/1301.md?p=a-12) in the Treasury of the United States for the payment of awards and settlements may be used for the payment of awards and settlements under this chapter. There are appropriated 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 Government Accountability [Office](/usc/2/1301.md?p=a-12) or the Government Publishing Office.
- (b) **Compliance—** Except as provided in [subsection (c)](#c), there are authorized to be appropriated such sums as may be necessary for administrative, personnel, and similar expenses of [employing offices](/usc/2/1301.md?p=a-9) which are needed to comply with this chapter.
- (c) **OSHA, accommodation, and access requirements—** Funds to correct violations of section [1311(a)(3)](/usc/2/1311.md?p=a-3), [1331](/usc/2/1331.md), or [1341](/usc/2/1341.md) of this title may be paid only from funds appropriated to the [employing office](/usc/2/1301.md?p=a-9) or entity responsible for correcting such violations. There are authorized to be appropriated 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 violations—**
    - (A) **In general—** Subject to subparagraphs [(B)](#d-1-B) and [(D)](#d-1-D), if a payment is made from the account described in [subsection (a)](#a) for an award or settlement in connection with a claim alleging a violation described in [subparagraph (C)](#d-1-C) committed personally by an individual who, at the time of committing the violation, was a [Member](/usc/2/4556.md?p=2) 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 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](/usc/2/1405.md), or a court in a civil action, [subparagraph (A)](#d-1-A) shall apply only if the hearing officer or court makes a separate finding that a violation described in [subparagraph (C)](#d-1-C) occurred which was committed personally by an individual who, at the time of committing the violation, was a [Member](/usc/2/4556.md?p=2) of the House of Representatives (including a Delegate or Resident Commissioner to the Congress) or a Senator, and such individual shall reimburse the account for the amount of compensatory damages included in the award as would be available if awarded under [section 1981a(b)(3) of title 42](/usc/42/1981a.md?p=b-3) irrespective of the size of the [employing office](/usc/2/1301.md?p=a-9). In the case of a settlement for a claim described in [section 1416(d)(3) of this title](/usc/2/1416.md?p=d-3), [subparagraph (A)](#d-1-A) shall apply only if the conditions specified in [section 1416(d)(3) of this title](/usc/2/1416.md?p=d-3) for requesting reimbursement are met.
    - (C) **Violations described—** A violation described in this subparagraph is—
      - (i) harassment that is unlawful under section [1311(a)](/usc/2/1311.md?p=a) or [1316(a)](/usc/2/1316.md?p=a) of this title; or
      - (ii) intimidation, reprisal, or discrimination that is unlawful under [section 1317 of this title](/usc/2/1317.md) and is taken against a [covered employee](/usc/2/1301.md?p=a-3) because of a claim alleging a violation described in [clause (i)](#d-1-C-i).
    - (D) **Multiple claims—** If an award or settlement is made for multiple claims, some of which do not require reimbursement under this subsection, the individual described in [subparagraph (A)](#d-1-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)](#d-1-A), subject to [subparagraph (B)](#d-1-B); and
      - (ii) included in the portion of the award or settlement attributable to a claim requiring reimbursement.
  - (2) **Withholding amounts from compensation—**
    - (A) **Establishment of timetable and procedures by committees—** For purposes of carrying out [subparagraph (B)](#d-2-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](/usc/2/4556.md?p=2) 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 [subsection (a)](#a) (after making any deposit required under [section 8432(f) of title 5](/usc/5/8432.md?p=f)) such amounts as may be necessary to reimburse the account described in [subsection (a)](#a) for the reimbursable portion of the award or settlement described in [paragraph (1)](#d-1) if the individual has not reimbursed the account as required under [paragraph (1)](#d-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.
    - (C) **Applicable Committee defined—** In this paragraph, the term “applicable Committee” means—
      - (i) 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](/usc/2/4556.md?p=2) of the House; or
      - (ii) 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.
  - (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)](#a) for an award or settlement described in [paragraph (1)](#d-1), an individual who is subject to a reimbursement requirement of this subsection has not reimbursed the account for the entire reimbursable portion as required under [paragraph (1)](#d-1), withholding and transfers of amounts shall continue under [paragraph (2)](#d-2) if the individual remains employed in the same position, and the [Executive Director](/usc/2/1301.md?p=a-10) of the Federal Retirement Thrift Investment [Board](/usc/2/1301.md?p=a-1) shall make a transfer described in [subparagraph (B)](#d-3-B).
    - (B) **Transfers—** The transfer by such [Executive Director](/usc/2/1301.md?p=a-10) is a transfer, from the account of the individual in the Thrift Savings Fund to the account described in [subsection (a)](#a), of an amount equal to the amount of that reimbursable portion of the award or settlement, reduced by—
      - (i) any amount the individual has reimbursed, taking into account any amounts withheld under [paragraph (2)](#d-2); and
      - (ii) if the individual remains employed in the same position, any amount that the individual is scheduled to reimburse, taking into account any amounts to be withheld under the individual’s timetable under [paragraph (2)](#d-2).
    - (C) **Initiation of transfer—** Notwithstanding [section 8435 of title 5](/usc/5/8435.md), the [Executive Director](/usc/2/1301.md?p=a-10) described in [subparagraph (A)](#d-3-A) shall make the transfer under [subparagraph (A)](#d-3-A) upon receipt of a written request to the [Executive Director](/usc/2/1301.md?p=a-10) from the Secretary of the Treasury, in the form and manner required by the [Executive Director](/usc/2/1301.md?p=a-10).
    - (D) **Coordination between payroll administrator and the Executive Director—** The payroll administrator and the [Executive Director](/usc/2/1301.md?p=a-10) described in [subparagraph (A)](#d-3-A) shall carry out this paragraph in a manner that ensures the coordination of the withholding and transferring of amounts under this paragraph, in accordance with regulations promulgated by the [Board](/usc/2/1301.md?p=a-1) under [section 1383 of this title](/usc/2/1383.md) and such [Executive Director](/usc/2/1301.md?p=a-10).
  - (4) **Administrative wage garnishment or other collection of wages from a subsequent position—**
    - (A) **Individual subject to garnishment or other collection—** [Subparagraph (B)](#d-4-B) shall apply to an individual who is subject to a reimbursement requirement 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)](#a) for an award or settlement described in [paragraph (1)](#d-1), the individual—
      - (i) has not reimbursed the account for the entire reimbursable portion as required under [paragraph (1)](#d-1), through withholdings or transfers under paragraphs [(2)](#d-2) and [(3)](#d-3);
      - (ii) is not serving in a position as a [Member](/usc/2/4556.md?p=2) 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 [paragraph (1)](#d-1) (reduced by any amount the individual has reimbursed, taking into account any amounts withheld or transferred under paragraph [(2)](#d-2) or [(3)](#d-3)) shall be treated as a claim of the United States and transferred to the Secretary of the Treasury for collection. Upon that transfer, the Secretary of the Treasury shall collect the claim, in accordance with [section 3711 of title 31](/usc/31/3711.md), including by administrative wage garnishment of the wages of the individual described in [subparagraph (A)](#d-4-A) from the position described in [subparagraph (A)(iii)](#d-4-A-iii). The Secretary of the Treasury shall transfer the collected amount to the account described in [subsection (a)](#a).
  - (5) **Notification to Office of Personnel Management and Secretary of the Treasury—**
    - (A) **Individual subject to annuity or social security withholding—** [Subparagraph (B)](#d-5-B) shall apply to an individual subject to a reimbursement requirement of this subsection if, at any time after the expiration of the 270-day period described in [paragraph (4)(A)](#d-4-A), the individual—
      - (i) has not served in a position as a [Member](/usc/2/4556.md?p=2) 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 described in [paragraph (4)(A)](#d-4-A), the individual described in [subparagraph (A)](#d-5-A) has not reimbursed the account described in [subsection (a)](#a) for the entire reimbursable portion of the award or settlement described in [paragraph (1)](#d-1) (as determined by the Secretary of the Treasury), through withholdings, transfers, or collections under paragraphs [(2)](#d-2) through [(4)](#d-4), the Secretary of the Treasury (after consultation with the payroll administrator)—
      - (i) shall notify the Director of the [Office](/usc/2/1301.md?p=a-12) 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](/usc/5/chptIII/sptG/ch84.md) of title 5 and transfer to the account described in [subsection (a)](#a), such amounts as may be necessary to reimburse the account for the remainder of the reimbursable portion of an award or settlement described in [paragraph (1)](#d-1); and
      - (ii) shall (if necessary), notwithstanding section 207 of the Social Security Act ([42 U.S.C. 407](/usc/42/407.md)), 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 ([42 U.S.C. 401](/usc/42/401.md) et seq.) and transfer to the account described in [subsection (a)](#a), such amounts as may be necessary to reimburse the account for the remainder of the reimbursable portion of an award or settlement described in [paragraph (1)](#d-1).
  - (6) **Coordination between OPM and Treasury—** The Director of the [Office](/usc/2/1301.md?p=a-12) of Personnel Management and the Secretary of the Treasury shall carry out [paragraph (5)](#d-5) 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.
  - (7) **Certification—** Once the [Executive Director](/usc/2/1301.md?p=a-10) determines that an individual who is subject to a reimbursement requirement of this subsection has reimbursed the account described in [subsection (a)](#a) for the entire reimbursable portion, the [Executive Director](/usc/2/1301.md?p=a-10) shall prepare a certification that the individual has completed that reimbursement, and submit the certification to—
    - (A) the Committees on House Administration and Ethics of the House of Representatives, in the case of an individual who, at the time of committing the act involved, was a [Member](/usc/2/4556.md?p=2) of the House of Representatives (including a Delegate or Resident Commissioner 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 reimbursement 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)](#d-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](/usc/2/1301.md?p=a-3) who filed the claim to be deposed by counsel for the individual in a deposition that is separate from any other deposition taken from the [employee](/usc/2/1301.md?p=a-4) 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 [employee](/usc/2/1301.md?p=a-4), as defined in [section 2105(a) of title 5](/usc/5/2105.md?p=a).
    - (B) **Payroll administrator—** The term “payroll administrator” means—
      - (i) in the case of an individual who is a [Member](/usc/2/4556.md?p=2) of the House of Representatives, the Chief Administrative Officer of the House of Representatives, or an [employee](/usc/2/1301.md?p=a-4) of the [Office](/usc/2/1301.md?p=a-12) of the Chief Administrative Officer who is designated by the Chief Administrative Officer to carry out this subsection; or
      - (ii) in the case of an individual who is a Senator, the Secretary of the Senate, or an [employee](/usc/2/1301.md?p=a-4) of the [Office](/usc/2/1301.md?p=a-12) of the Secretary of the Senate who is designated by the Secretary to carry out this subsection.
- (e) **Reimbursement by employing offices—**
  - (1) **Notification of payments made from account—** As soon as practicable after the [Executive Director](/usc/2/1301.md?p=a-10) is made aware that a payment of an award or settlement under this chapter has been made from the account described in [subsection (a)](#a) in connection with a claim alleging a violation of section [1311(a)](/usc/2/1311.md?p=a) or [1316(a)](/usc/2/1316.md?p=a) of this title by an [employing office](/usc/2/1301.md?p=a-9) (other than an [employing office](/usc/2/1301.md?p=a-9) of the House of Representatives or an [employing office](/usc/2/1301.md?p=a-9) of the Senate), the [Executive Director](/usc/2/1301.md?p=a-10) shall notify the head of the [employing office](/usc/2/1301.md?p=a-9) that the payment has been made, and shall include in the notification a statement of the amount of the payment.
  - (2) **Reimbursement by office—** Not later than 180 days after receiving a notification from the [Executive Director](/usc/2/1301.md?p=a-10) under [paragraph (1)](#e-1), the head of the [employing office](/usc/2/1301.md?p=a-9) involved shall transfer to the account described in [subsection (a)](#a), out of any funds available for operating expenses of the [office](/usc/2/1301.md?p=a-12), a payment equal to the amount specified in the notification.
  - (3) **Timetable and procedures for reimbursement—** The head of an [employing office](/usc/2/1301.md?p=a-9) shall transfer a payment under [paragraph (2)](#e-2) in accordance with such timetable and procedures as may be established under regulations promulgated by the [Office](/usc/2/1301.md?p=a-12).

## Source credit

(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.)

## Notes

### 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 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 account such sums as may be necessary to pay such awards and settlements.”

2004—Subsec. (a). Pub. L. 108–271 substituted “Government 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 authority 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 subsections (a) and (b) [amending this section and section 8437 of Title 5, Government Organization and Employees] 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 subsection (a) [amending this section] shall apply with respect to payments made under section 415 of the Congressional 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 subsection (a) [amending this section] shall apply with respect to fiscal year 2014 and each succeeding fiscal year.”