Title: GUARD Act
Policy area: Congress

Summary:
Garnishing for Unethical Actions to Restore Dignity Act or the GUARD Act
This bill amends the Congressional Accountability Act of 1995 (CAA) to require a Member of Congress to reimburse the Treasury for awards or settlements resulting from violations of certain CAA rights and protections against sexual harassment committed personally by the Member.

[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4615 Introduced in House (IH)]

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115th CONGRESS
  1st Session
                                H. R. 4615

   To amend the Congressional Accountability Act of 1995 to require 
   Members of Congress to reimburse the Treasury for amounts paid as 
awards and settlements resulting from violations of such Act consisting 
  of acts of sexual harassment which were committed personally by the 
                    Members, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           December 11, 2017

  Ms. Sinema (for herself and Mr. DeSantis) introduced the following 
   bill; which was referred to the Committee on House Administration

_______________________________________________________________________

                                 A BILL


 
   To amend the Congressional Accountability Act of 1995 to require 
   Members of Congress to reimburse the Treasury for amounts paid as 
awards and settlements resulting from violations of such Act consisting 
  of acts of sexual harassment which were committed personally by the 
                    Members, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Garnishing for Unethical Actions to 
Restore Dignity Act'' or the ``GUARD Act''.

SEC. 2. PERSONAL LIABILITY OF MEMBERS OF CONGRESS TO REIMBURSE TREASURY 
              FOR AMOUNTS PAID AS SETTLEMENTS AND AWARDS UNDER 
              CONGRESSIONAL ACCOUNTABILITY ACT OF 1995 FOR ACTS OF 
              SEXUAL HARASSMENT.

    (a) Mandating Reimbursement of Amounts Paid.--
            (1) In general.--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:
    ``(d) Personal Liability of Members of Congress for Payment of 
Settlements and Awards for Sexual Harassment.--
            ``(1) In general.--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 which was committed personally 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.
            ``(2) Withholding amounts from salary.--If a Member or 
        Senator is subject to paragraph (1), the applicable 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, in accordance with such timetable and procedures 
        as may be established by--
                    ``(A) the Committee on House Administration of the 
                House of Representatives, in the case of a Member of 
                the House; or
                    ``(B) the Committee on Rules and Administration of 
                the Senate, in the case of a Senator.
            ``(3) Applicable payroll administrator defined.--In this 
        section, the term `applicable payroll administrator' means--
                    ``(A) 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
                    ``(B) 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.''.
            (2) Effective date.--The amendments made by paragraph (1) 
        shall apply with respect to payments made before, on, or after 
        the date of the enactment of this Act.
    (b) Publication of Information on Members Subject to Withholding.--
            (1) Members of the house.--Section 106(b) of the House of 
        Representatives Administrative Reform Technical Corrections Act 
        (2 U.S.C. 5535(b)) is amended--
                    (A) by striking ``and'' at the end of paragraph 
                (5);
                    (B) by redesignating paragraph (6) as paragraph 
                (7); and
                    (C) by inserting after paragraph (5) the following 
                new paragraph:
            ``(6) if during the period covered by the report, the Chief 
        Administrative Officer withheld amounts from a Member's 
        compensation under section 415(d) of the Congressional 
        Accountability Act of 1995 as reimbursement for an award or 
        settlement paid under such Act, the identification of the 
        Member and the amount withheld; and''.
            (2) Senators.--Section 105(a) of the Legislative Branch 
        Appropriations Act, 1965 (2 U.S.C. 4108(a)) is amended by 
        adding at the end the following new paragraph:
    ``(7) If during the period covered by a report under paragraph (1), 
the Secretary of the Senate withheld amounts from a Senator's 
compensation under section 415(d) of the Congressional Accountability 
Act of 1995 as reimbursement for an award or settlement paid under such 
Act, the Secretary shall include in the report the identification of 
the Senator and the amount withheld.''.
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