An act to amend the Congressional Accountability Act of 1995 to reform the procedures provided under such Act for the initiation, review, and resolution of claims alleging that employing offices of the legislative branch have violated the rights and protections provided to their employees under such Act, including protections against sexual harassment, and for other purposes
PL 115-397 (S.3749), enacted 12/21/2018

132 STAT. 5297 
PUBLIC LAW 115–397—DEC. 21, 2018 
Public Law 115–397 
115th Congress 
An Act 
To amend the Congressional Accountability Act of 1995 to reform the procedures 
provided under such Act for the initiation, review, and resolution of claims alleging 
that employing offices of the legislative branch have violated the rights and 
protections provided to their employees under such Act, including protections 
against sexual harassment, 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; REFERENCES IN ACT; TABLE OF CONTENTS. 
(a) SHORT TITLE.—This Act may be cited as the ‘‘Congressional 
Accountability Act of 1995 Reform Act’’. 
(b) REFERENCES IN ACT.—Except as otherwise expressly pro-
vided, whenever in this Act an amendment or repeal is expressed 
in terms of an amendment to or repeal of a section or other provi-
sion, the reference shall be considered to be made to that section 
or other provision of the Congressional Accountability Act of 1995 
(2 U.S.C. 1301 et seq.). 
(c) TABLE OF CONTENTS.—The table of contents of this Act 
is as follows: 
Sec. 1. Short title; references in Act; table of contents. 
TITLE I—REFORM OF DISPUTE RESOLUTION PROCEDURES 
Subtitle A—Reform of Procedures for Initiation, Preliminary Review, and Resolution 
of Claims 
Sec. 101. Description of procedures available for consideration of alleged violations. 
Sec. 102. Reform of process for initiation of procedures. 
Sec. 103. Preliminary review of claims by hearing officer. 
Sec. 104. Availability of mediation during process. 
Subtitle B—Other Reforms 
Sec. 111. Requiring Members of Congress to reimburse Treasury for amounts paid 
as settlements and awards in cases of acts by Members. 
Sec. 112. Automatic referral to Congressional Ethics Committees of disposition of 
certain claims alleging violations of Congressional Accountability Act of 
1995 involving Members of Congress and senior staff. 
Sec. 113. Availability of remote work assignment or paid leave of absence during 
pendency of procedures. 
Sec. 114. Modification of rules on confidentiality of proceedings. 
Sec. 115. Reimbursement by other employing offices of legislative branch of pay-
ments of certain awards and settlements. 
TITLE II—IMPROVING OPERATIONS OF OFFICE OF CONGRESSIONAL 
WORKPLACE RIGHTS 
Sec. 201. Reports on awards and settlements. 
Sec. 202. Workplace climate surveys of employing offices. 
Sec. 203. Record retention. 
Sec. 204. Confidential advisors. 
Sec. 205. GAO study of management practices. 
Congressional 
Accountability 
Act of 1995 
Reform Act. 
2 USC 1301 note. 
Dec. 21, 2018 
[S. 3749] 
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132 STAT. 5298 
PUBLIC LAW 115–397—DEC. 21, 2018 
Sec. 206. GAO audit of cybersecurity. 
TITLE III—MISCELLANEOUS REFORMS 
Sec. 301. Application of Genetic Information Nondiscrimination Act of 2008. 
Sec. 302. Extension to unpaid staff of rights and protections against employment 
discrimination. 
Sec. 303. Clarification of treatment of Library of Congress visitors. 
Sec. 304. Notices. 
Sec. 305. Clarification of coverage of employees of Helsinki and China Commis-
sions. 
Sec. 306. Training and education programs of other employing offices. 
Sec. 307. Support for out-of-area covered employees. 
Sec. 308. Renaming Office of Compliance as Office of Congressional Workplace 
Rights. 
TITLE IV—EFFECTIVE DATE 
Sec. 401. Effective date. 
TITLE I—REFORM OF DISPUTE 
RESOLUTION PROCEDURES 
Subtitle A—Reform of Procedures for Initi-
ation, Preliminary Review, and Resolu-
tion of Claims 
SEC. 101. DESCRIPTION OF PROCEDURES AVAILABLE FOR CONSIDER-
ATION OF ALLEGED VIOLATIONS. 
(a) PROCEDURES DESCRIBED.—Section 401 (2 U.S.C. 1401) is 
amended to read as follows: 
‘‘SEC. 401. PROCEDURE FOR CONSIDERATION OF ALLEGED VIOLA-
TIONS. 
‘‘(a) FILING AND REVIEW OF CLAIMS.—Except as otherwise pro-
vided, the procedure for consideration of an alleged violation of 
part A of title II consists of— 
‘‘(1) the filing of a claim by the covered employee alleging 
the violation, as provided in section 402; 
‘‘(2) the preliminary review of the claim, to be conducted 
by a hearing officer as provided in section 403; 
‘‘(3) mediation as provided in section 404, if requested 
and agreed to by the parties under that section; and 
‘‘(4) a formal hearing as provided in section 405, subject 
to Board review as provided in section 406 and judicial review 
in the United States Court of Appeals for the Federal Circuit 
as provided in section 407. 
‘‘(b) RIGHT OF EMPLOYEE TO FILE CIVIL ACTION.— 
‘‘(1) CIVIL ACTION.—Only a covered employee who has filed 
a claim timely as provided in section 402 and who has not 
submitted a request for a hearing on the claim pursuant to 
section 405(a) may, during the period described in paragraph 
(3), file a civil action in a District Court of the United States 
with respect to the violation alleged in the claim, as provided 
in section 408. 
‘‘(2) EFFECT
OF
FILING
CIVIL
ACTION.—Notwithstanding 
paragraph (2), (3), or (4) of subsection (a), if the covered 
employee files such a civil action— 
Hearing. 
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132 STAT. 5299 
PUBLIC LAW 115–397—DEC. 21, 2018 
‘‘(A) the preliminary review of the claim by the hearing 
officer as provided in section 403 shall terminate upon 
the filing of the action by the covered employee; and 
‘‘(B) the procedure for consideration of the alleged viola-
tion shall not include any further review of the claim 
by the hearing officer as provided in section 403. 
‘‘(3) PERIOD FOR FILING CIVIL ACTION.—The period described 
in this paragraph with respect to a claim is the 70-day period 
which begins on the date the covered employee files the claim 
under section 402. 
‘‘(4) SPECIAL
RULE
FOR
EMPLOYEES
WHO
FAIL
TO
STATE 
A CLAIM FOR WHICH RELIEF MAY BE GRANTED.—Notwithstanding 
paragraph (3), if a covered employee receives a written notice 
from the hearing officer under section 403(d)(2) that the 
employee has the right to file a civil action with respect to 
the claim in accordance with section 408, the covered employee 
may file the civil action not later than 90 days after receiving 
such written notice. 
‘‘(c) SPECIAL RULE FOR ARCHITECT OF THE CAPITOL AND CAPITOL 
POLICE.—In the case of an employee of the Office of the Architect 
of the Capitol or of the Capitol Police, the Office, after receiving 
a claim filed under section 402, may recommend that the employee 
use the grievance procedures of the Architect of the Capitol or 
the Capitol Police for resolution of the employee’s grievance for 
a specific period of time. Any deadline in this Act relating to 
a claim for which the employee is using the grievance procedures, 
that has not already passed by the first day of that specific period, 
shall be stayed during that specific period. 
‘‘(d) ELECTION OF REMEDIES FOR LIBRARY OF CONGRESS.— 
‘‘(1) DEFINITIONS.—In this subsection: 
‘‘(A) DIRECT ACT.—The term ‘direct Act’ means an Act 
(other than this Act), or provision of the Revised Statutes, 
that is specified in section 201, 202, or 203. 
‘‘(B) DIRECT
PROVISION.—The term ‘direct provision’ 
means a provision (including a definitional provision) of 
a direct Act that applies the rights or protections of a 
direct Act (including rights and protections relating to non-
retaliation or noncoercion) to a Library claimant. 
‘‘(C) LIBRARY CLAIMANT.—The term ‘Library claimant’ 
means, with respect to a direct provision, an employee 
of the Library of Congress who is covered by that direct 
provision. 
‘‘(2) ELECTION
AFTER
PROCEEDINGS
INITIALLY
BROUGHT 
UNDER THIS ACT.—A Library claimant who initially files a claim 
for an alleged violation as provided in section 402 may, at 
any time before the date that is 10 days after a hearing officer 
submits the report on the preliminary review of the claim 
under section 403(c), elect to bring the claim for a proceeding 
before the corresponding Federal agency under the cor-
responding direct provision, instead of continuing with the 
procedures applicable to the claim under this title or filing 
a civil action in accordance with section 408. 
‘‘(3) ELECTION
AFTER
PROCEEDINGS
INITIALLY
BROUGHT 
UNDER OTHER CIVIL RIGHTS OR LABOR LAW.—A Library claimant 
who initially brings a claim, complaint, or charge under a 
direct provision for a proceeding before a Federal agency may, 
Time period. 
Deadline. 
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132 STAT. 5300 
PUBLIC LAW 115–397—DEC. 21, 2018 
prior to requesting a hearing under the agency’s procedures, 
elect to— 
‘‘(A) continue with the agency’s procedures and pre-
serve the option (if any) to bring any civil action relating 
to the claim, complaint, or charge, that is available to 
the Library claimant; or 
‘‘(B) file a claim with the Office under section 402 
and continue with the corresponding procedures of this 
title available and applicable to a covered employee. 
‘‘(4) TIMING.—A Library claimant who meets the initial 
deadline under section 402(d) for filing a claim under this 
title, or any initial deadline for bringing a claim, complaint, 
or charge under the applicable direct provision, and then elects 
to change to alternative procedures as described in paragraph 
(2) or (3)(B), shall be considered to meet any initial deadline 
for the alternative procedures. 
‘‘(5) APPLICATION.—This subsection shall take effect and 
shall apply as described in section 153(c) of the Legislative 
Branch Appropriations Act, 2018 (Public Law 115–141) (except 
to the extent such section applies to any violation of section 
210 or a provision of an Act specified in section 210). 
‘‘(e) RIGHTS OF PARTIES TO RETAIN PRIVATE COUNSEL.—Nothing 
in this Act may be construed to limit the authority of any individual 
(including a covered employee, the head of an employing office, 
or an individual who is alleged to have committed personally an 
act which consists of a violation of part A of title II) to retain 
counsel to protect the interests of the individual at any point 
during any of the procedures provided under this title for the 
consideration of an alleged violation of part A of title II, including 
as provided under section 415(d)(8) with respect to individuals 
subject to a reimbursement requirement of section 415(d). 
‘‘(f) STANDARDS FOR ASSERTIONS MADE BY PARTIES.—Any party 
in any of the procedures provided under this title, as well as 
any counsel or other person representing a party in any of such 
procedures, shall have an obligation to ensure that, to the best 
of the party’s knowledge, information, and belief, as formed after 
an inquiry which is reasonable under the circumstances, each of 
the following is correct: 
‘‘(1) No pleading, written motion, or other paper is pre-
sented for any improper purpose, such as to harass, cause 
unnecessary delay, or needlessly increase the cost of resolution 
of the matter. 
‘‘(2) The claims, defenses, and other legal contentions the 
party advocates are warranted by existing law or by a nonfrivo-
lous argument for extending, modifying, or reversing existing 
law or for establishing new law. 
‘‘(3) The factual contentions have evidentiary support or, 
if specifically so identified, will likely have evidentiary support 
after a reasonable opportunity for further review or discovery. 
‘‘(4) The denials of factual contentions are warranted on 
the evidence or, if specifically so identified, are reasonably 
based on belief or a lack of information. 
‘‘(g) PROCEDURE.—Nothing in this Act shall be construed to 
supersede or limit section 225(d)(2).’’. 
(b) CONFORMING AMENDMENT RELATING TO CIVIL ACTION.— 
Section 408(a) (2 U.S.C. 1408(a)) is amended— 
(1) by striking ‘‘section 404’’ and inserting ‘‘section 401’’; 
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132 STAT. 5301 
PUBLIC LAW 115–397—DEC. 21, 2018 
(2) by striking ‘‘who has completed counseling under section 
402 and mediation under section 403’’; and 
(3) by striking the second sentence. 
(c) OTHER CONFORMING AMENDMENTS TO TITLE IV.—Title IV 
is amended— 
(1) by striking section 404 (2 U.S.C. 1404); and 
(2) by redesignating section 403 (2 U.S.C. 1403) as section 
404. 
(d) MISCELLANEOUS CONFORMING AMENDMENT.—Section 225 (2 
U.S.C. 1361) is amended— 
(1) by striking subsection (e); and 
(2) by redesignating subsection (f) as subsection (e). 
(e) 
CLERICAL
AMENDMENTS.—The 
table 
of 
contents 
is 
amended— 
(1) by striking the item relating to section 404; and 
(2) by redesignating the item relating to section 403 as 
relating to section 404. 
SEC. 102. REFORM OF PROCESS FOR INITIATION OF PROCEDURES. 
(a) INITIATION OF PROCEDURES.—Section 402 (2 U.S.C. 1402) 
is amended to read as follows: 
‘‘SEC. 402. INITIATION OF PROCEDURES. 
‘‘(a) CLAIM.— 
‘‘(1) FILING OF CLAIM.—To commence a proceeding under 
this title, a covered employee alleging a violation of law made 
applicable under part A of title II shall file a claim with 
the Office. The Office shall not accept a claim which is filed 
after the deadline applicable under subsection (d). 
‘‘(2) CONTENTS OF CLAIM.—The claim filed under this sec-
tion shall be made in writing under oath or affirmation, shall 
describe the facts that form the basis of the claim and the 
violation that is being alleged, shall identify the employing 
office alleged to have committed the violation or in which 
the violation is alleged to have occurred, and shall be in such 
form as the Office requires. 
‘‘(3) NO EFFECT ON ABILITY OF COVERED EMPLOYEE TO SEEK 
INFORMATION
FROM
OFFICE
OR
PURSUE
RELIEF.—Nothing in 
paragraph (2), or subsection (b) or (c), may be construed to 
limit the ability of a covered employee— 
‘‘(A) to contact the Office or any other appropriate 
office prior to filing a claim under this section to seek 
information regarding the employee’s rights under this Act 
and the procedures available under this Act; 
‘‘(B) in the case of a covered employee of an employing 
office of the House of Representatives or Senate, to refer 
information regarding an alleged violation of part A of 
title II to the Committee on Ethics of the House of Rep-
resentatives or the Select Committee on Ethics of the 
Senate (as the case may be); or 
‘‘(C) to file a civil action in accordance with section 
401(b). 
‘‘(b) INITIAL PROCESSING OF CLAIM.— 
‘‘(1) INTAKE AND RECORDING; NOTIFICATION TO EMPLOYING 
OFFICE.—Upon the filing of a claim by a covered employee 
under subsection (a), the Office shall take such steps as may 
be necessary for the initial intake and recording of the claim, 
including providing each party with all relevant information 
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132 STAT. 5302 
PUBLIC LAW 115–397—DEC. 21, 2018 
with respect to the rights of the party under this Act, and 
shall transmit immediately a copy of the claim to the head 
of the employing office and the designated representative of 
that office. 
‘‘(2) SPECIAL
NOTIFICATION
REQUIREMENTS
FOR
CLAIMS 
BASED ON ACTS BY MEMBERS OF CONGRESS.— 
‘‘(A) IN GENERAL.—In the case of a claim alleging a 
violation described in subparagraph (B) which consists of 
a violation described in section 415(d)(1)(A) by an indi-
vidual, upon the filing of the claim under subsection (a), 
the Office shall notify immediately such individual of the 
claim, the possibility that the individual may be required 
to reimburse the account described in section 415(a) for 
the reimbursable portion of any award or settlement in 
connection with the claim, and the right of the individual 
under section 415(d)(8) to intervene in any mediation, 
hearing, or civil action under this title with respect to 
the claim. 
‘‘(B) VIOLATIONS DESCRIBED.—A violation described in 
this subparagraph is— 
‘‘(i) harassment that is unlawful under section 
201(a) or 206(a); or 
‘‘(ii) intimidation, reprisal, or discrimination that 
is unlawful under section 207 and is taken against 
a covered employee because of a claim alleging a viola-
tion described in clause (i). 
‘‘(c) USE OF SECURE ELECTRONIC REPORTING AND TRACKING 
SYSTEM.— 
‘‘(1) ESTABLISHMENT AND OPERATION OF SECURE SYSTEM.— 
The Office shall establish and operate a secure electronic 
reporting system through which a covered employee may ini-
tiate a proceeding under this title, and which will keep an 
electronic record of the date and time at which the proceeding 
is initiated and will track all subsequent actions or proceedings 
occurring with respect to the proceeding under this title. 
‘‘(2) ACCESSIBILITY TO ALL PARTIES.—The system shall be 
accessible to all parties to such actions or proceedings, but 
only until the completion of such actions or proceedings. 
‘‘(3) ASSESSMENT OF EFFECTIVENESS OF PROCEDURES.—The 
Office shall use the information contained in the system to 
make regular assessments of the effectiveness of the procedures 
under this title in providing for the timely resolution of claims, 
and shall submit semi-annual reports on such assessments 
each year to the Committee on House Administration of the 
House of Representatives and the Committee on Rules and 
Administration of the Senate. 
‘‘(d) DEADLINE.—A covered employee may not file a claim under 
this section with respect to an allegation of a violation of law 
after the expiration of the 180-day period which begins on the 
date of the alleged violation.’’. 
(b) CLERICAL AMENDMENT.—The table of contents is amended 
by amending the item relating to section 402 to read as follows: 
‘‘Sec. 402. Initiation of procedures.’’. 
Reports. 
Reimbursements. 
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132 STAT. 5303 
PUBLIC LAW 115–397—DEC. 21, 2018 
SEC. 103. PRELIMINARY REVIEW OF CLAIMS BY HEARING OFFICER. 
(a) PRELIMINARY REVIEW DESCRIBED.—Title IV (2 U.S.C. 1401 
et seq.), as amended by section 101(c), is further amended by 
inserting after section 402 the following new section: 
‘‘SEC. 403. PRELIMINARY REVIEW OF CLAIMS. 
‘‘(a) PRELIMINARY REVIEW BY HEARING OFFICER.— 
‘‘(1) APPOINTMENT.—Not later than 7 days after trans-
mission to the employing office of a claim pursuant to section 
402(b), the Executive Director shall appoint a hearing officer 
to conduct a preliminary review of the claim. 
‘‘(2) PROCESS FOR APPOINTMENT.—The Executive Director 
shall appoint a hearing officer under this subsection in the 
same manner and in accordance with the same requirements 
and procedures applicable to the appointment of a hearing 
officer under section 405(c). 
‘‘(b) ASSESSMENTS REQUIRED.—In conducting a preliminary 
review of a claim under this section, the hearing officer shall 
assess each of the following: 
‘‘(1) Whether the claimant is a covered employee authorized 
to obtain relief relating to the claim under this title. 
‘‘(2) Whether the office which is the subject of the claim 
is an employing office under this Act. 
‘‘(3) Whether the individual filing the claim has met the 
applicable deadlines for filing the claim under this title. 
‘‘(4) The identification of factual and legal issues involved 
with respect to the claim. 
‘‘(5) The specific relief sought by the individual. 
‘‘(6) Whether, on the basis of the assessments made under 
paragraphs (1) through (5), the individual filing the claim is 
a covered employee who has stated a claim for which, if the 
allegations contained in the claim are true, relief may be 
granted under this title. 
‘‘(7) The potential for the settlement of the claim without 
a formal hearing as provided under section 405 or a civil 
action as provided under section 408. 
‘‘(c) REPORT ON REVIEW.— 
‘‘(1) REPORT.—Not later than 30 days after a claim is 
filed under section 402, the hearing officer shall submit to 
the individual filing the claim and the office which is the 
subject of the claim a report on the preliminary review con-
ducted under this section, and shall include in the report the 
hearing officer’s determination as to whether the individual 
is a covered employee who has stated a claim for which relief 
may be granted under this title (as described in paragraph 
(6) of subsection (b)). The submission of the report shall con-
clude the preliminary review. 
‘‘(2) EXTENSION
OF
DEADLINE.—The hearing officer may 
(upon notice to the individual filing the claim and the employing 
office which is the subject of the claim) use an additional 
period of not to exceed 30 days to conclude the preliminary 
review. 
‘‘(d) EFFECT OF DETERMINATION OF FAILURE TO STATE CLAIM 
FOR WHICH RELIEF MAY BE GRANTED.—If the hearing officer’s 
report on the preliminary review of a claim under subsection (c) 
includes the determination that the individual filing the claim 
Notice. 
Deadline. 
2 USC 1402a. 
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132 STAT. 5304 
PUBLIC LAW 115–397—DEC. 21, 2018 
is not a covered employee or has not stated a claim for which 
relief may be granted under this title— 
‘‘(1) the individual (including an individual who is a Library 
claimant, as defined in section 401(d)(1)) may not obtain a 
formal hearing with respect to the claim as provided under 
section 405; and 
‘‘(2) the hearing officer shall provide the individual and 
the Executive Director with a written notice that the individual 
may file a civil action with respect to the claim in accordance 
with section 408. 
‘‘(e) TRANSMISSION OF REPORT ON PRELIMINARY REVIEW OF CER-
TAIN CLAIMS TO CONGRESSIONAL ETHICS COMMITTEES.—In the case 
of a hearing officer’s report under subsection (c) on the preliminary 
review of a claim alleging a violation described in section 
415(d)(1)(A), the hearing officer shall transmit the report to— 
‘‘(1) the Committee on Ethics of the House of Representa-
tives, in the case of such an act by a Member of the House 
of Representatives (including a Delegate or Resident Commis-
sioner to the Congress); or 
‘‘(2) the Select Committee on Ethics of the Senate, in the 
case of such an act by a Senator.’’. 
(b) DEADLINE FOR REQUESTING HEARING AFTER PRELIMINARY 
REVIEW.—Section 405(a) (2 U.S.C. 1405(a)) is amended to read 
as follows: 
‘‘(a) REQUIREMENT FOR HEARINGS TO COMMENCE IN OFFICE.— 
‘‘(1) HEARING REQUIRED UPON REQUEST.—If, not later than 
10 days after a hearing officer submits the report on the 
preliminary review of a claim under section 403(c), a covered 
employee submits a request to the Executive Director for a 
hearing under this section, the Executive Director shall appoint 
an independent hearing officer pursuant to subsection (c) to 
consider the claim and render a decision, and a hearing shall 
be commenced in the Office. 
‘‘(2) EXCEPTIONS.—Paragraph (1) does not apply with 
respect to the claim if— 
‘‘(A) the hearing officer’s report on the preliminary 
review of the claim under section 403(c) includes the deter-
mination that the individual filing the claim is not a cov-
ered employee who has stated a claim for which relief 
may be granted under this title (as described in section 
403(d)); or 
‘‘(B) the covered employee files a civil action as pro-
vided in section 408 with respect to the claim.’’. 
(c) PROHIBITING HEARING OFFICER CONDUCTING PRELIMINARY 
REVIEW FROM CONDUCTING HEARING.—Section 405(c) (2 U.S.C. 
1405(c)) is amended by adding at the end the following new para-
graph: 
‘‘(3) PROHIBITING HEARING OFFICER CONDUCTING PRELIMI-
NARY
REVIEW
FROM
CONDUCTING
HEARING.—The Executive 
Director may not appoint a hearing officer to conduct a hearing 
under this section with respect to a claim if the hearing officer 
conducted the preliminary review with respect to the claim 
under section 403.’’. 
(d) DEADLINE FOR COMMENCEMENT OF HEARING; PERMITTING 
ADDITIONAL TIME.—Section 405(d) (2 U.S.C. 1405(d)) is amended 
by striking paragraph (2) and inserting the following: 
Notice. 
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132 STAT. 5305 
PUBLIC LAW 115–397—DEC. 21, 2018 
‘‘(2) commenced no later than 90 days after the Executive 
Director receives the covered employee’s request for the hearing 
under subsection (a), except that, upon mutual agreement of 
the parties or for good cause, the Office shall extend the time 
for commencing a hearing for not more than an additional 
30 days; and’’. 
(e) OTHER CONFORMING AMENDMENTS RELATING TO HEARINGS 
CONDUCTED BY OFFICE OF CONGRESSIONAL WORKPLACE RIGHTS.— 
Section 405 (2 U.S.C. 1405) is amended as follows: 
(1) In the heading, by striking ‘‘COMPLAINT AND’’. 
(2) In subsection (c)(1), by striking ‘‘complaint’’ and 
inserting ‘‘request for a hearing under subsection (a)’’. 
(3) In subsection (d) in the matter preceding paragraph 
(1), by striking ‘‘complaint’’ and inserting ‘‘claim’’. 
(4) In subsection (g), by striking ‘‘complaint’’ and inserting 
‘‘claim’’. 
(f) OTHER CONFORMING AMENDMENT.—The heading of section 
414 (2 U.S.C. 1414) is amended by striking ‘‘OF COMPLAINTS’’. 
(g) CLERICAL AMENDMENTS.—The table of contents, as amended 
by section 101(e), is further amended as follows: 
(1) By inserting after the item relating to section 402 
the following new item: 
‘‘Sec. 403. Preliminary review of claims.’’. 
(2) By amending the item relating to section 405 to read 
as follows: 
‘‘Sec. 405. Hearing.’’. 
(3) By amending the item relating to section 414 to read 
as follows: 
‘‘Sec. 414. Settlement.’’. 
SEC. 104. AVAILABILITY OF MEDIATION DURING PROCESS. 
(a) AVAILABILITY
OF MEDIATION.—Section 404(a) (2 U.S.C. 
1403(a)), as redesignated by section 101(c), is amended to read 
as follows: 
‘‘(a) AVAILABILITY OF MEDIATION.— 
‘‘(1) NOTIFICATION REGARDING MEDIATION.— 
‘‘(A) COVERED
EMPLOYEE.—Upon receipt of a claim 
under section 402, the Office shall notify the covered 
employee who filed the claim about the process for medi-
ation under this section and the deadlines applicable to 
such mediation. 
‘‘(B) EMPLOYING
OFFICE.—Upon transmission to the 
employing office of the claim pursuant to section 402(b), 
the Office shall notify the employing office about the 
process for mediation under this section and the deadlines 
applicable to such mediation. 
‘‘(2) INITIATION.— 
‘‘(A) IN
GENERAL.—During the period described in 
subparagraph (B), either the covered employee who filed 
a claim under section 402 or the employing office named 
in the claim may file a request for mediation with the 
Office, which shall promptly notify the other party. If the 
other party agrees to the request, the Office shall promptly 
assign a mediator to the claim, and conduct mediation 
under this section. 
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132 STAT. 5306 
PUBLIC LAW 115–397—DEC. 21, 2018 
‘‘(B) TIMING.—A covered employee or an employing 
office may file a request for mediation under subparagraph 
(A) during the period beginning on the date that the covered 
employee or employing office, respectively, receives a 
notification under paragraph (1) regarding a claim under 
section 402 and ending on the date on which a hearing 
officer issues a written decision relating to the claim under 
section 405(g) or the covered employee files a civil action 
with respect to the claim in accordance with section 408, 
as applicable. 
‘‘(3) FAILURE TO REQUEST OR ACCEPT MEDIATION TO HAVE 
NO EFFECT ON TREATMENT OF CLAIM.—The failure of a party 
to request mediation under this section with respect to a claim, 
or the failure of a party to agree to a request for mediation 
under this section, may not be taken into consideration under 
any procedure under this title with respect to the claim, 
including a preliminary review under section 403, a formal 
hearing under section 405, or a civil action under section 408.’’. 
(b) REQUIRING PARTIES TO BE SEPARATED DURING MEDIATION 
AT REQUEST OF EMPLOYEE.—Section 404(b)(2) (2 U.S.C. 1403(b)(2)), 
as redesignated by section 101(c), is amended by striking ‘‘meetings 
with the parties separately or jointly’’ and inserting ‘‘meetings with 
the parties during which, at the request of any of the parties, 
the parties shall be separated,’’. 
(c) PERIOD OF MEDIATION.—Section 404(c) (2 U.S.C. 1403(c)), 
as redesignated by section 101(c), is amended by striking the first 
2 sentences and inserting the following: ‘‘The mediation period 
shall be 30 days, beginning on the first day after the second party 
agrees to the request for the mediation. The mediation period 
may be extended for one additional period of 30 days at the joint 
request of the covered employee and employing office. Any deadline 
in this Act relating to a claim for which mediation has been agreed 
to in this section, that has not already passed by the first day 
of the mediation period, shall be stayed during the mediation 
period.’’. 
Subtitle B—Other Reforms 
SEC. 111. REQUIRING MEMBERS OF CONGRESS TO REIMBURSE 
TREASURY FOR AMOUNTS PAID AS SETTLEMENTS AND 
AWARDS IN CASES OF ACTS BY MEMBERS. 
(a) MANDATING REIMBURSEMENT OF AMOUNTS PAID.—Section 
415 (2 U.S.C. 1415) is amended by adding at the end the following 
new subsection: 
‘‘(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) and 
(D), 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 
(C) committed personally by an individual who, at the 
time of committing the violation, was a Member of the 
House of Representatives (including a Delegate or Resident 
Commissioner to the Congress) or a Senator, the individual 
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132 STAT. 5307 
PUBLIC LAW 115–397—DEC. 21, 2018 
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 pursu-
ant to a decision of a hearing officer under section 405, 
or a court in a civil action, subparagraph (A) shall apply 
only if the hearing officer or court makes a separate finding 
that a violation described in subparagraph (C) occurred 
which was committed personally by an individual who, 
at the time of committing the violation, was a Member 
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 1977A(b)(3) of the 
Revised Statutes (42 U.S.C. 1981a(b)(3)) irrespective of the 
size of the employing office. In the case of a settlement 
for a claim described in section 416(d)(3), subparagraph 
(A) shall apply only if the conditions specified in section 
416(d)(3) for requesting reimbursement are met. 
‘‘(C) VIOLATIONS DESCRIBED.—A violation described in 
this subparagraph is— 
‘‘(i) harassment that is unlawful under section 
201(a) or 206(a); or 
‘‘(ii) intimidation, reprisal, or discrimination that 
is unlawful under section 207 and is taken against 
a covered employee because of a claim alleging a viola-
tion described in clause (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) shall only be required to 
reimburse for the amount (referred to in this Act as the 
‘reimbursable portion’) that is— 
‘‘(i) described in subparagraph (A), subject to 
subparagraph (B); and 
‘‘(ii) included in the portion of the award or settle-
ment attributable to a claim requiring reimbursement. 
‘‘(2) WITHHOLDING AMOUNTS FROM COMPENSATION.— 
‘‘(A) ESTABLISHMENT OF TIMETABLE AND PROCEDURES 
BY COMMITTEES.—For purposes of carrying out subpara-
graph (B), the applicable Committee shall establish a time-
table 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. 
‘‘(B) DEADLINE.—The payroll administrator shall with-
hold from an individual’s compensation and transfer to 
the account described in subsection (a) (after making any 
deposit required under section 8432(f) of title 5, United 
States Code) such amounts as may be necessary to 
reimburse the account described in subsection (a) for the 
reimbursable portion of the award or settlement described 
in paragraph (1) if the individual has not reimbursed the 
account as required under paragraph (1) prior to the expira-
tion of the 90-day period which begins on the date a pay-
ment is made from the account for such an award or 
settlement. 
Applicability. 
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132 STAT. 5308 
PUBLIC LAW 115–397—DEC. 21, 2018 
‘‘(C) APPLICABLE COMMITTEE DEFINED.—In this para-
graph, the term ‘applicable Committee’ means— 
‘‘(i) the Committee on House Administration of 
the House of Representatives, in the case of an indi-
vidual who, at the time of the withholding, is a Member 
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) for an award 
or settlement described in paragraph (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), 
withholding and transfers of amounts shall continue under 
paragraph (2) if the individual remains employed in the 
same position, and the Executive Director of the Federal 
Retirement Thrift Investment Board shall make a transfer 
described in subparagraph (B). 
‘‘(B) TRANSFERS.—The transfer by such Executive 
Director is 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 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 para-
graph (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 para-
graph (2). 
‘‘(C) INITIATION OF TRANSFER.—Notwithstanding sec-
tion 8435 of title 5, United States Code, the Executive 
Director described in subparagraph (A) shall make the 
transfer under subparagraph (A) upon receipt of a written 
request to the Executive Director from the Secretary of 
the Treasury, in the form and manner required by the 
Executive Director. 
‘‘(D) COORDINATION BETWEEN PAYROLL ADMINISTRATOR 
AND THE EXECUTIVE DIRECTOR.—The payroll administrator 
and the Executive Director described in subparagraph (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 regula-
tions promulgated by the Board under section 303 and 
such Executive Director. 
‘‘(4) ADMINISTRATIVE
WAGE
GARNISHMENT
OR
OTHER 
COLLECTION OF WAGES FROM A SUBSEQUENT POSITION.— 
‘‘(A) INDIVIDUAL SUBJECT TO GARNISHMENT OR OTHER 
COLLECTION.—Subparagraph (B) shall apply to an indi-
vidual who is subject to a reimbursement requirement of 
Deadline. 
Deadline. 
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132 STAT. 5309 
PUBLIC LAW 115–397—DEC. 21, 2018 
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) for an award 
or settlement described in paragraph (1), the individual— 
‘‘(i) has not reimbursed the account for the entire 
reimbursable portion as required under paragraph (1), 
through withholdings or transfers under paragraphs 
(2) and (3); 
‘‘(ii) is not serving in a position as a Member 
of the House of Representatives or a Senator; and 
‘‘(iii) is employed in a subsequent non-Federal posi-
tion. 
‘‘(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) (reduced by any amount the 
individual has reimbursed, taking into account any 
amounts withheld or transferred under paragraph (2) or 
(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, United States Code, including by administrative wage 
garnishment of the wages of the individual described in 
subparagraph (A) from the position described in subpara-
graph (A)(iii). The Secretary of the Treasury shall transfer 
the collected amount to the account described in subsection 
(a). 
‘‘(5) NOTIFICATION TO OFFICE OF PERSONNEL MANAGEMENT 
AND SECRETARY OF THE TREASURY.— 
‘‘(A) INDIVIDUAL SUBJECT TO ANNUITY OR SOCIAL SECU-
RITY WITHHOLDING.—Subparagraph (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), the individual— 
‘‘(i) has not served in a position as a Member 
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), the individual described in subparagraph (A) has 
not reimbursed the account described in subsection (a) 
for the entire reimbursable portion of the award or settle-
ment described in paragraph (1) (as determined by the 
Secretary of the Treasury), through withholdings, transfers, 
or collections under paragraphs (2) through (4), the Sec-
retary of the Treasury (after consultation with the payroll 
administrator)— 
‘‘(i) shall notify the Director of the Office of Per-
sonnel 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 
Notification. 
Determination. 
Consultation. 
Applicability. 
Deadline. 
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132 STAT. 5310 
PUBLIC LAW 115–397—DEC. 21, 2018 
account for the remainder of the reimbursable portion 
of an award or settlement described in paragraph (1); 
and 
‘‘(ii) shall (if necessary), notwithstanding section 
207 of the Social Security Act (42 U.S.C. 407), take 
such actions as the Secretary of the Treasury considers 
appropriate to withhold from any payment to the indi-
vidual under title II of the Social Security Act (42 
U.S.C. 401 et seq.) and transfer to the account 
described in subsection (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). 
‘‘(6) COORDINATION
BETWEEN
OPM
AND
TREASURY.—The 
Director of the Office of Personnel Management and the Sec-
retary of the Treasury shall carry out paragraph (5) in a manner 
that ensures the coordination of the withholding and transfer-
ring of amounts under such paragraph, in accordance with 
regulations promulgated by the Director and the Secretary. 
‘‘(7) CERTIFICATION.—Once the Executive Director deter-
mines that an individual who is subject to a reimbursement 
requirement of this subsection has reimbursed the account 
described in subsection (a) for the entire reimbursable portion, 
the Executive Director 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 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 title to protect the interests of the 
individual in the determination of whether an award or settle-
ment 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 that is separate from any other 
deposition taken from the employee 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, as defined in section 2105(a) of title 5, United 
States Code. 
‘‘(B) PAYROLL
ADMINISTRATOR.—The term ‘payroll 
administrator’ means— 
‘‘(i) in the case of an individual who is a Member 
of the House of Representatives, the Chief Administra-
tive Officer of the House of Representatives, or an 
Determination. 
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132 STAT. 5311 
PUBLIC LAW 115–397—DEC. 21, 2018 
employee of the Office 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 of the 
Office of the Secretary of the Senate who is designated 
by the Secretary to carry out this subsection.’’. 
(b) CONFORMING AMENDMENT.—Section 8437(e)(3) of title 5, 
United States Code, is amended by inserting ‘‘an obligation of 
the Executive Director to make a transfer under section 415(d)(3) 
of the Congressional Accountability Act of 1995 (2 U.S.C. 
1415(d)(3)),’’ before ‘‘or an obligation’’. 
(c) EFFECTIVE DATE.—The amendments made by subsections 
(a) and (b) shall apply with respect to claims made on or after 
the date of the enactment of this Act. 
SEC. 
112. 
AUTOMATIC 
REFERRAL 
TO 
CONGRESSIONAL 
ETHICS 
COMMITTEES 
OF 
DISPOSITION 
OF 
CERTAIN 
CLAIMS 
ALLEGING VIOLATIONS OF CONGRESSIONAL ACCOUNT-
ABILITY ACT OF 1995 INVOLVING MEMBERS OF CONGRESS 
AND SENIOR STAFF. 
Section 416(e) (2 U.S.C. 1416(e)) is amended to read as follows: 
‘‘(e) AUTOMATIC REFERRAL
TO CONGRESSIONAL ETHICS COM-
MITTEE OF DISPOSITIONS OF CLAIMS INVOLVING MEMBERS OF CON-
GRESS AND SENIOR STAFF.— 
‘‘(1) REFERRAL.—Upon the final disposition under this title 
(as described in paragraph (6)) of a claim alleging a violation 
described in section 415(d)(1)(C) committed personally by a 
Member of the House of Representatives (including a Delegate 
or Resident Commissioner to the Congress) or a Senator, or 
by a senior staff of the House of Representatives or Senate, 
the Executive Director shall refer the claim to— 
‘‘(A) the Committee on Ethics of the House of Rep-
resentatives, in the case of a Member or senior staff of 
the House; or 
‘‘(B) the Select Committee on Ethics of the Senate, 
in the case of a Senator or senior staff of the Senate. 
‘‘(2) ACCESS TO RECORDS AND INFORMATION.—If the Execu-
tive Director refers a claim to a Committee under paragraph 
(1), the Executive Director shall provide the Committee with 
access to the records of any preliminary reviews, hearings, 
or decisions of the hearing officers and the Board under this 
Act, and any information relating to an award or settlement 
paid, in response to such claim. 
‘‘(3) REVIEW BY SENATE ETHICS COMMITTEE OF SETTLEMENTS 
OF CERTAIN CLAIMS.—After the receipt of a settlement agree-
ment for a claim that includes an allegation of a violation 
described in section 415(d)(1)(C) committed personally by a 
Senator, the Select Committee on Ethics of the Senate shall— 
‘‘(A) not later than 90 days after that receipt, review 
the settlement agreement; 
‘‘(B) determine whether an investigation of the claim 
is warranted; and 
‘‘(C) if the Select Committee determines, after the 
investigation, that the claim that resulted in the settlement 
involved 
an 
actual 
violation 
described 
in 
section 
415(d)(1)(C) committed personally by the Senator, then the 
Notification. 
Determination. 
Deadline. 
Applicability. 
2 USC 1415 note. 
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132 STAT. 5312 
PUBLIC LAW 115–397—DEC. 21, 2018 
Select Committee shall notify the Executive Director to 
request the reimbursement described in section 415(d) and 
include the settlement in the report required by section 
301(l). 
‘‘(4) PROTECTION OF PERSONALLY IDENTIFIABLE INFORMA-
TION.—If a Committee to which a claim is referred under para-
graph (1) issues a report with respect to the claim, the Com-
mittee shall ensure that the report does not directly disclose 
the identity or position of the individual who filed the claim. 
‘‘(5) COMMITTEE
AUTHORITY
TO
PROTECT
IDENTITY
OF
A 
CLAIMANT.— 
‘‘(A) AUTHORITY.—If a Committee to which a claim 
is referred under paragraph (1) issues a report as described 
in paragraph (4) concerning a Member of the House of 
Representatives (including a Delegate or Resident Commis-
sioner to the Congress) or a Senator, or a senior staff 
of the House of Representatives or Senate, the Committee 
may make an appropriate redaction to the information 
or data included in the report if the Chairman and Vice 
Chairman of the Committee reach agreement— 
‘‘(i) that including the information or data consid-
ered for redaction may lead to the unintentional disclo-
sure of the identity or position of a claimant; and 
‘‘(ii) on the precise information or data to be 
redacted. 
‘‘(B) NOTATION AND STATEMENT.—The report including 
any such redaction shall note each redaction and include 
a statement that the redaction was made solely for the 
purpose of avoiding such an unintentional disclosure of 
the identity or position of a claimant. 
‘‘(C) RETENTION OF REPORTS.—The Committee making 
a redaction in accordance with this paragraph shall retain 
a copy of the report, without a redaction. 
‘‘(6) FINAL DISPOSITION DESCRIBED.—In this subsection, the 
‘final disposition’ of a claim means any of the following: 
‘‘(A) An order or agreement to pay an award or settle-
ment, including an agreement reached pursuant to medi-
ation under section 404. 
‘‘(B) A final decision of a hearing officer under section 
405(g) that is no longer subject to review by the Board 
under section 406. 
‘‘(C) A final decision of the Board under section 406(e) 
that is no longer subject to appeal to the United States 
Court of Appeals for the Federal Circuit under section 
407. 
‘‘(D) A final decision in a civil action under section 
408 that is no longer subject to appeal. 
‘‘(7) SENIOR STAFF DEFINED.—In this subsection, the term 
‘senior staff’ means any individual who, at the time a violation 
occurred, was required to file a report under title I of the 
Ethics in Government Act of 1978 (5 U.S.C. App. 101 et seq.).’’. 
SEC. 113. AVAILABILITY OF REMOTE WORK ASSIGNMENT OR PAID 
LEAVE OF ABSENCE DURING PENDENCY OF PROCEDURES. 
(a) IN GENERAL.—Title IV (2 U.S.C. 1401 et seq.) is amended 
by adding at the end the following new section: 
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132 STAT. 5313 
PUBLIC LAW 115–397—DEC. 21, 2018 
‘‘SEC. 417. OPTION TO REQUEST REMOTE WORK ASSIGNMENT OR PAID 
LEAVE OF ABSENCE DURING PENDENCY OF PROCEDURES. 
‘‘(a) OPTIONS FOR EMPLOYEES.— 
‘‘(1) REMOTE WORK ASSIGNMENT.—At the request of a cov-
ered employee who files a claim alleging a violation of part 
A of title II by the covered employee’s employing office, during 
the pendency of any of the procedures available under this 
title for consideration of the claim, the employing office may 
permit the covered employee to carry out the employee’s respon-
sibilities from a remote location (referred to in this section 
as ‘permitting a remote work assignment’) where such reloca-
tion would have the effect of materially reducing interactions 
between the covered employee and any person alleged to have 
committed the violation, instead of from a location of the 
employing office. 
‘‘(2) EXCEPTION FOR WORK ASSIGNMENTS REQUIRED TO BE 
CARRIED OUT ONSITE.—If, in the determination of the covered 
employee’s employing office, a covered employee who makes 
a request under this subsection cannot carry out the employee’s 
responsibilities from a remote location or such relocation would 
not have the effect described in paragraph (1), the employing 
office may during the pendency of the procedures described 
in paragraph (1)— 
‘‘(A) grant a paid leave of absence to the covered 
employee; 
‘‘(B) permit a remote work assignment and grant a 
paid leave of absence to the covered employee; or 
‘‘(C) make another workplace adjustment, or permit 
a remote work assignment, that would have the effect 
of reducing interactions between the covered employee and 
any person alleged to have committed the violation 
described in paragraph (1). 
‘‘(3) ENSURING NO RETALIATION.—An employing office may 
not grant a covered employee’s request under this subsection 
in a manner which would constitute a violation of section 
207. 
‘‘(4) NO
IMPACT
ON
VACATION
OR
PERSONAL
LEAVE.—In 
granting leave for a paid leave of absence under this section, 
an employing office shall not require the covered employee 
to substitute, for that leave, any of the accrued paid vacation 
or personal leave of the covered employee. 
‘‘(b) EXCEPTION FOR ARRANGEMENTS SUBJECT TO COLLECTIVE 
BARGAINING AGREEMENTS.—Subsection (a) does not apply to the 
extent that it is inconsistent with the terms and conditions of 
any collective bargaining agreement which is in effect with respect 
to an employing office.’’. 
(b) CLERICAL AMENDMENT.—The table of contents is amended 
by adding at the end of the items relating to title IV the following 
new item: 
‘‘Sec. 417. Option to request remote work assignment or paid leave of absence dur-
ing pendency of procedures.’’. 
SEC. 114. MODIFICATION OF RULES ON CONFIDENTIALITY OF PRO-
CEEDINGS. 
(a) MEDIATION.—Section 416(b) (2 U.S.C. 1416(b)) is amended 
by striking ‘‘All mediation’’ and inserting ‘‘All information discussed 
or disclosed in the course of any mediation’’. 
2 USC 1417. 
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132 STAT. 5314 
PUBLIC LAW 115–397—DEC. 21, 2018 
(b) CLAIMS.—Section 416 (2 U.S.C. 1416), as amended by section 
112 and subsection (a) of this section, is further amended— 
(1) by striking subsection (a); 
(2) by redesignating subsections (b) through (f) as sub-
sections (a) through (e), respectively; 
(3) in subsection (b), as redesignated by paragraph (2) 
of this subsection, by striking ‘‘subsections (d), (e), and (f)’’ 
and inserting ‘‘subsections (c), (d), and (e)’’; and 
(4) by adding at the end the following: 
‘‘(f) CLAIMS.—Nothing in this section may be construed to pro-
hibit a covered employee from disclosing the factual allegations 
underlying the covered employee’s claim, or to prohibit an employing 
office from disclosing the factual allegations underlying the 
employing office’s defense to the claim, in the course of any pro-
ceeding under this title.’’. 
SEC. 115. REIMBURSEMENT BY OTHER EMPLOYING OFFICES OF LEGIS-
LATIVE BRANCH OF PAYMENTS OF CERTAIN AWARDS AND 
SETTLEMENTS. 
(a) REQUIRING REIMBURSEMENT.—Section 415 (2 U.S.C. 1415), 
as amended by section 111, is further amended by adding at the 
end the following new subsection: 
‘‘(e) REIMBURSEMENT BY EMPLOYING OFFICES.— 
‘‘(1) NOTIFICATION OF PAYMENTS MADE FROM ACCOUNT.— 
As soon as practicable after the Executive Director is made 
aware that a payment of an award or settlement under this 
Act has been made from the account described in subsection 
(a) in connection with a claim alleging a violation of section 
201(a) or 206(a) by an employing office (other than an 
employing office of the House of Representatives or an 
employing office of the Senate), the Executive Director shall 
notify the head of the employing office 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 under 
paragraph (1), the head of the employing office involved shall 
transfer to the account described in subsection (a), out of any 
funds available for operating expenses of the office, a payment 
equal to the amount specified in the notification. 
‘‘(3) TIMETABLE AND PROCEDURES FOR REIMBURSEMENT.— 
The head of an employing office shall transfer a payment under 
paragraph (2) in accordance with such timetable and procedures 
as may be established under regulations promulgated by the 
Office.’’. 
(b) EFFECTIVE DATE.—The amendment made by subsection (a) 
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. 
Applicability. 
2 USC 1415 note. 
Deadline. 
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132 STAT. 5315 
PUBLIC LAW 115–397—DEC. 21, 2018 
TITLE II—IMPROVING OPERATIONS OF 
OFFICE OF CONGRESSIONAL WORK-
PLACE RIGHTS 
SEC. 201. REPORTS ON AWARDS AND SETTLEMENTS. 
(a) ANNUAL REPORTS ON AWARDS AND SETTLEMENTS.— 
(1) REQUIRING SUBMISSION AND PUBLICATION OF REPORTS.— 
Section 301 (2 U.S.C. 1381) is amended— 
(A) in subsection (h)(3), by striking ‘‘complaint’’ each 
place it appears and inserting ‘‘claim’’; and 
(B) by adding at the end the following new subsection: 
‘‘(l) ANNUAL REPORTS ON AWARDS AND SETTLEMENTS.— 
‘‘(1) IN
GENERAL.—Subject to the rules issued by the 
applicable committee pursuant to paragraph (2): 
‘‘(A) REQUIREMENT.—The Office shall prepare and 
submit to Congress, and publish on the public website 
of the Office, an annual report regarding payments from 
the account described in section 415(a) that were the result 
of claims alleging a violation of part A of title II (referred 
to in this subsection as ‘covered payments’). 
‘‘(B) REPORTING.—The reporting required under this 
paragraph shall— 
‘‘(i) for a covered payment, or the reimbursable 
portion of a covered payment, described in paragraph 
(2), conform to the requirements of the rules issued 
by the applicable committee under such paragraph; 
and 
‘‘(ii) for a covered payment, or the portion of a 
covered payment, not described in paragraph (2)— 
‘‘(I) include the amount of the covered payment 
or portion of the covered payment and information 
on the employing office involved; and 
‘‘(II) identify each provision of part A of title 
II that was the subject of a claim resulting in 
the covered payment or portion of the covered pay-
ment. 
‘‘(C) REPORTING PERIODS AND DATES.—The reporting 
required under this paragraph— 
‘‘(i) for 2019, shall be submitted by the 60th day 
after the date on which the committees described in 
paragraph (2) issue the rules described in paragraph 
(2) and shall reflect covered payments made in calendar 
year 2019; and 
‘‘(ii) for 2020 and each subsequent calendar year, 
shall be submitted by January 31 of that year and 
shall reflect covered payments made in the previous 
calendar year. 
‘‘(2) RULES REGARDING REPORTING OF COVERED PAYMENTS 
FOR EMPLOYING OFFICES OF THE HOUSE AND EMPLOYING OFFICES 
OF THE SENATE.— 
‘‘(A) IN GENERAL.—Not later than 180 days after the 
date of the enactment of this subsection, the Committee 
on House Administration of the House of Representatives 
and the Committee on Rules and Administration of the 
Deadline. 
Web posting. 
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132 STAT. 5316 
PUBLIC LAW 115–397—DEC. 21, 2018 
Senate shall each issue rules establishing the content, for-
mat, and other requirements for the reporting required 
under paragraph (1)(B)(i) with respect to— 
‘‘(i) any covered payment made for claims involving 
an employing office described in any of subparagraphs 
(A) through (C) of section 101(a)(9) of the House of 
Representatives or of the Senate, respectively; and 
‘‘(ii) the reimbursable portion of any such covered 
payment for which there is a finding requiring 
reimbursement under section 415(d)(1)(B) from a 
Member of the House of Representatives (including 
a Delegate or Resident Commissioner to the Congress) 
or a Senator, respectively. 
‘‘(B) APPLICABILITY.—The rules issued under subpara-
graph (A)— 
‘‘(i) by the Committee on House Administration 
of the House of Representatives shall apply to covered 
payments made for claims involving employing offices 
described in subparagraph (A)(i) of the House; and 
‘‘(ii) by the Committee on Rules and Administra-
tion of the Senate shall apply to covered payments 
made for claims involving employing offices described 
in subparagraph (A)(i) of the Senate. 
‘‘(3) PROTECTION OF IDENTITY OF INDIVIDUALS RECEIVING 
AWARDS AND SETTLEMENTS.—In preparing, submitting, and pub-
lishing the reports required under paragraph (1), the Office 
shall ensure that the identity or position of any claimant is 
not disclosed. 
‘‘(4) AUTHORITY TO PROTECT THE IDENTITY OF A CLAIMANT.— 
‘‘(A) IN GENERAL.—In carrying out paragraph (3), the 
Executive Director, in consultation with the Board, may 
make an appropriate redaction to the data included in 
the report described in paragraph (1) if the Executive 
Director, in consultation with the Board, determines that 
including the data considered for redaction may lead to 
the identity or position of a claimant unintentionally being 
disclosed. The report shall note each redaction and include 
a statement that the redaction was made solely for the 
purpose of avoiding such an unintentional disclosure of 
the identity or position of a claimant. 
‘‘(B) RECORDKEEPING.—The Executive Director shall 
retain a copy of the report described in paragraph (1), 
without redactions. 
‘‘(5) DEFINITION.—In this subsection, the term ‘claimant’ 
means an individual who received an award or settlement, 
or who made an allegation of a violation against an employing 
office, under part A of title II.’’. 
(2) EFFECTIVE DATE.—The amendment made by paragraph 
(1)(B) shall take effect on January 1, 2019. 
(b) REPORT ON AMOUNTS PREVIOUSLY PAID.— 
(1) IN GENERAL.—Not later than 30 days after the date 
of the enactment of this Act, the Office of Congressional Work-
place Rights shall submit to Congress and make available to 
the public on the Office’s public website a report on all pay-
ments made with public funds (to include funds paid from 
the account described in section 415(a) of the Congressional 
Accountability Act of 1995 (2 U.S.C. 1415(a)), an account of 
Web posting. 
2 USC 1381 note. 
Consultations. 
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132 STAT. 5317 
PUBLIC LAW 115–397—DEC. 21, 2018 
the House of Representatives or Senate, or any other account 
of the Federal Government) prior to the date of the enactment 
of this Act for awards and settlements in connection with 
violations of section 201(a) of the Congressional Accountability 
Act of 1995 (2 U.S.C. 1311(a)), or section 207 of such Act 
(2 U.S.C. 1317), and shall include in the report the following 
information: 
(A) The amount paid for each such award or settlement. 
(B) The source of the public funds used for the award 
or settlement. 
(2) RULE OF CONSTRUCTION REGARDING IDENTIFICATION OF 
HOUSE AND SENATE ACCOUNTS.—Nothing in paragraph (1)(B) 
may be construed to require or permit the Office of Congres-
sional Workplace Rights to report the account of any specific 
office of the House of Representatives or Senate as the source 
of funds used for an award or settlement. 
(c) RULEMAKING POWERS.—Section 501 (2 U.S.C. 1431) is 
amended in the matter preceding paragraph (1) by inserting ‘‘, 
section 301(l),’’ before ‘‘and 304(c)’’. 
SEC. 202. WORKPLACE CLIMATE SURVEYS OF EMPLOYING OFFICES. 
(a) REQUIRING SURVEYS.—Title III (2 U.S.C. 1381 et seq.) is 
amended by adding at the end the following new section: 
‘‘SEC. 307. WORKPLACE CLIMATE SURVEYS OF EMPLOYING OFFICES. 
‘‘(a) REQUIREMENT TO CONDUCT SECURE SURVEYS.—Not later 
than 1 year after the date of the enactment of this section, and 
every 2 years thereafter, the Office shall conduct a secure survey 
of employing offices under this Act regarding the workplace environ-
ment of such offices. Employee responses to the survey shall be 
voluntary. 
‘‘(b) SPECIAL INCLUSION OF INFORMATION ON SEXUAL HARASS-
MENT.—In each survey conducted under this section, the Office 
shall survey respondents on attitudes regarding sexual harassment. 
‘‘(c) METHODOLOGY.— 
‘‘(1) IN GENERAL.—The Office shall conduct each survey 
under this section in accordance with methodologies established 
by the Office. 
‘‘(2) CONFIDENTIALITY.—Under the methodologies estab-
lished under paragraph (1), all responses to all portions of 
the survey shall be anonymous and confidential, and each 
respondent shall be told throughout the survey that all 
responses shall be anonymous and confidential. 
‘‘(3) SURVEY FORM.—The Office shall limit the use of any 
information code or information on the survey form that makes 
a respondent to the survey, or the respondent’s employing 
office, individually identifiable. 
‘‘(d) USE OF RESULTS OF SURVEYS.—The Office shall furnish 
the information obtained from the surveys conducted under this 
section to the Committee on House Administration of the House 
of Representatives and the Committees on Homeland Security and 
Governmental Affairs and Rules and Administration of the Senate. 
‘‘(e) CONSULTATION WITH COMMITTEES.—The Office shall carry 
out this section, including establishment of methodologies and 
procedures under subsection (c), in consultation with the Committee 
on House Administration of the House of Representatives and the 
Committees on Homeland Security and Governmental Affairs and 
Rules and Administration of the Senate.’’. 
Deadline. 
2 USC 1388. 
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132 STAT. 5318 
PUBLIC LAW 115–397—DEC. 21, 2018 
(b) CLERICAL AMENDMENT.—The table of contents is amended 
by adding at the end of the items relating to title III the following 
new item: 
‘‘Sec. 307. Workplace climate surveys of employing offices.’’. 
SEC. 203. RECORD RETENTION. 
Section 301 (2 U.S.C. 1381), as amended by section 201(a), 
is further amended by adding at the end the following new sub-
section: 
‘‘(m) RECORD RETENTION.—The Office shall establish and main-
tain a program for the permanent retention of its records, including 
the records of preliminary reviews, mediations, hearings, and other 
proceedings conducted under title IV.’’. 
SEC. 204. CONFIDENTIAL ADVISORS. 
Section 302 (2 U.S.C. 1382) is amended— 
(1) by redesignating subsections (d) through (f) as sub-
sections (e) through (g), respectively; and 
(2) by inserting after subsection (c) the following: 
‘‘(d) CONFIDENTIAL ADVISORS.— 
‘‘(1) IN GENERAL.—The Executive Director shall— 
‘‘(A) appoint, and fix the compensation of, and may 
remove, 1 or more confidential advisors to carry out the 
duties described in this subsection; or 
‘‘(B) designate 1 or more employees of the Office to 
serve as a confidential advisor. 
‘‘(2) DUTIES.— 
‘‘(A) VOLUNTARY
SERVICES.—A confidential advisor 
appointed or designated under paragraph (1) shall offer 
to provide to covered employees described in paragraph 
(4) the services described in subparagraph (B), which a 
covered employee may accept or decline. 
‘‘(B) SERVICES.—The services referred to in subpara-
graph (A) are— 
‘‘(i) informing, on a privileged and confidential 
basis, a covered employee who has been subject to 
a practice that may be a violation of part A of title 
II about the employee’s rights under this Act; 
‘‘(ii) consulting, on a privileged and confidential 
basis, with a covered employee who has been subject 
to a practice that may be a violation of part A of 
title II regarding— 
‘‘(I) the roles, responsibilities, and authority 
of the Office; and 
‘‘(II) the relative merits of securing private 
counsel, designating a non-attorney representative, 
or proceeding without representation for pro-
ceedings before the Office; 
‘‘(iii) advising and consulting with, on a privileged 
and confidential basis, a covered employee who has 
been subject to a practice that may be a violation 
of part A of title II regarding any claims the covered 
employee may have under title IV, the factual allega-
tions that support each such claim, and the relative 
merits of the procedural options available to the 
employee for each such claim; 
Designation. 
Appointment. 
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132 STAT. 5319 
PUBLIC LAW 115–397—DEC. 21, 2018 
‘‘(iv) assisting, on a privileged and confidential 
basis, a covered employee who seeks consideration 
under title IV of an allegation of a violation of part 
A of title II in understanding the procedures, and 
the significance of the procedures, described in title 
IV, including— 
‘‘(I) assisting or consulting with the covered 
employee regarding the drafting of a claim to be 
filed under section 402(a); and 
‘‘(II) consulting with the covered employee 
regarding the procedural options available to the 
covered employee after a claim is filed, and the 
relative merits of each option; and 
‘‘(v) informing, on a privileged and confidential 
basis, a covered employee who has been subject to 
a practice that may be a violation of part A of title 
II about the option of pursuing, in appropriate cir-
cumstances, a complaint with the Committee on Ethics 
of the House of Representatives or the Select Com-
mittee on Ethics of the Senate. 
‘‘(C) 
CONTINUITY
OF
SERVICE.—Once 
a 
covered 
employee has accepted and received any services offered 
under this section from a confidential advisor appointed 
or designated under paragraph (1), any other services 
requested under this subsection by the covered employee 
shall be provided, to the extent practicable, by the same 
confidential advisor. 
‘‘(3) QUALIFICATIONS.—A confidential advisor appointed or 
designated under paragraph (1) shall be a lawyer who— 
‘‘(A) is admitted to practice before, and is in good 
standing with, the bar of a State of the United States, 
the District of Columbia, or a territory of the United States; 
and 
‘‘(B) has experience representing clients in cases 
involving the workplace laws incorporated by part A of 
title II. 
‘‘(4) INDIVIDUALS COVERED.—The services described in para-
graph (2) are available to any covered employee (which, for 
purposes of this subsection, shall include any staff member 
described in section 201(d) and any former covered employee 
(including any such former staff member)), except that— 
‘‘(A) a former covered employee may only request such 
services if the practice that may be a violation of part 
A of title II occurred during the employment or service 
of the employee; and 
‘‘(B) a covered employee described in this paragraph 
may only request such services before the expiration of 
the 180-day period described in section 402(d). 
‘‘(5) RESTRICTIONS.—A confidential advisor appointed or 
designated under paragraph (1)— 
‘‘(A) shall not act as the designated representative 
for any covered employee in connection with the covered 
employee’s participation in any proceeding, including any 
proceeding under this Act, any judicial proceeding, or any 
proceeding before any committee of Congress; 
‘‘(B) shall not offer or provide services described in 
paragraph (2)(B) to a covered employee if the covered 
Deadline. 
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132 STAT. 5320 
PUBLIC LAW 115–397—DEC. 21, 2018 
employee has designated an attorney representative in 
connection with the covered employee’s participation in 
any proceeding under this Act, except that a confidential 
advisor may provide general assistance and information 
to such attorney representative regarding this Act and 
the role of the Office as the confidential advisor determines 
appropriate; and 
‘‘(C) shall not serve as a mediator in any mediation 
conducted pursuant to section 404.’’. 
SEC. 205. GAO STUDY OF MANAGEMENT PRACTICES. 
(a) STUDY.—The Comptroller General of the United States shall 
conduct a study of the management practices of the Office of 
Congressional Workplace Rights. 
(b) REPORT TO CONGRESS.—Not later than 180 days after the 
date of the enactment of this Act, the Comptroller General of 
the United States shall submit to Congress a report on the study 
conducted under subsection (a), and shall include in the report 
such recommendations as the Comptroller General considers appro-
priate for improvements to the management practices of the Office 
of Congressional Workplace Rights. 
SEC. 206. GAO AUDIT OF CYBERSECURITY. 
(a) AUDIT.—The Comptroller General of the United States shall 
conduct an audit of the cybersecurity systems and practices of 
the Office of Congressional Workplace Rights. 
(b) REPORT TO CONGRESS.—Not later than 180 days after the 
date of the enactment of this Act, the Comptroller General of 
the United States shall submit to Congress a report on the audit 
conducted under subsection (a), and shall include in the report 
such recommendations as the Comptroller General considers appro-
priate for improvements to the cybersecurity systems and practices 
of the Office of Congressional Workplace Rights. 
TITLE III—MISCELLANEOUS REFORMS 
SEC. 301. APPLICATION OF GENETIC INFORMATION NONDISCRIMINA-
TION ACT OF 2008. 
Section 102 (2 U.S.C. 1302) is amended by adding at the end 
the following: 
‘‘(c) GENETIC INFORMATION NONDISCRIMINATION ACT OF 2008.— 
‘‘(1) IN GENERAL.—The provisions of this Act that apply 
to a violation of section 201(a)(1) shall be considered to apply 
to a violation of title II of the Genetic Information Non-
discrimination Act of 2008 (42 U.S.C. 2000ff et seq.), consistent 
with section 207(c) of that Act (42 U.S.C. 2000ff–6(c)). 
‘‘(2) CONSTRUCTION.— 
‘‘(A) NO LIMITATION ON OTHER LAWS.—Nothing in this 
section limits the provisions of this Act that apply to a 
violation of a law described in subparagraph (B). 
‘‘(B) OTHER LAWS.—A law described in this subpara-
graph is a law (even if not listed in subsection (a) or 
this subsection) that explicitly applies one or more provi-
sions of this Act to a violation.’’. 
Recommenda- 
tions. 
Recommenda- 
tions. 
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132 STAT. 5321 
PUBLIC LAW 115–397—DEC. 21, 2018 
SEC. 302. EXTENSION TO UNPAID STAFF OF RIGHTS AND PROTECTIONS 
AGAINST EMPLOYMENT DISCRIMINATION. 
(a) EXTENSION.—Section 201 (2 U.S.C. 1311) is amended— 
(1) by redesignating subsection (d) as subsection (e); and 
(2) by inserting after subsection (c) the following new sub-
section: 
‘‘(d) APPLICATION TO UNPAID STAFF.— 
‘‘(1) IN GENERAL.—Subsections (a) and (b) shall apply with 
respect to— 
‘‘(A) any staff member of an employing office who car-
ries out official duties of the employing office but who 
is not paid by the employing office for carrying out such 
duties (referred to in this subsection as an ‘unpaid staff 
member’), including an intern, an individual detailed to 
an employing office, and an individual participating in 
a fellowship program, in the same manner and to the 
same extent as such subsections apply with respect to 
a covered employee; and 
‘‘(B) a former unpaid staff member, if the act that 
may be a violation of subsection (a) occurred during the 
service of the former unpaid staffer for the employing office. 
‘‘(2) RULE OF CONSTRUCTION.—Nothing in paragraph (1) 
may be construed to extend liability for a violation of subsection 
(a) to an employing office on the basis of an action taken 
by any person who is not under the supervision or control 
of the employing office. 
‘‘(3) INTERN DEFINED.—For purposes of this subsection, the 
term ‘intern’ means an individual who performs service for 
an employing office which is uncompensated by the United 
States to earn credit awarded by an educational institution 
or to learn a trade or occupation, and includes any individual 
participating in a page program operated by any House of 
Congress.’’. 
(b) TECHNICAL CORRECTION RELATING TO OFFICE RESPONSIBLE 
FOR DISBURSEMENT OF PAY TO HOUSE EMPLOYEES.—Section 101(7) 
(2 U.S.C. 1301(7)) is amended by striking ‘‘disbursed by the Clerk 
of the House of Representatives’’ and inserting ‘‘disbursed by the 
Chief Administrative Officer of the House of Representatives’’. 
SEC. 303. CLARIFICATION OF TREATMENT OF LIBRARY OF CONGRESS 
VISITORS. 
(a) CLARIFICATION.—Section 210 (2 U.S.C. 1331) is amended— 
(1) by redesignating subsection (h) as subsection (i); and 
(2) by inserting after subsection (g) the following: 
‘‘(h) ELECTION OF REMEDIES RELATING TO RIGHTS TO PUBLIC 
SERVICES AND ACCOMMODATIONS FOR LIBRARY VISITORS.— 
‘‘(1) DEFINITION OF LIBRARY VISITOR.—In this subsection, 
the term ‘Library visitor’ means an individual who is eligible 
to bring a claim for a violation under title II or III of the 
Americans with Disabilities Act of 1990 (other than a violation 
for which the exclusive remedy is under section 201) against 
the Library of Congress. 
‘‘(2) ELECTION OF REMEDIES.— 
‘‘(A) IN GENERAL.—A Library visitor who alleges a vio-
lation of subsection (b) by the Library of Congress may, 
subject to subparagraph (B)— 
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132 STAT. 5322 
PUBLIC LAW 115–397—DEC. 21, 2018 
‘‘(i) file a charge against the Library of Congress 
under subsection (d); or 
‘‘(ii) use the remedies and procedures set forth 
in section 717 of the Civil Rights Act of 1964 (42 
U.S.C. 2000e–16), as provided under section 510 (other 
than paragraph (5)) of the Americans with Disabilities 
Act of 1990 (42 U.S.C. 12209). 
‘‘(B) TIMING.—A Library visitor that has initiated pro-
ceedings under clause (i) or (ii) of subparagraph (A) may 
elect to change and initiate a proceeding under the other 
clause— 
‘‘(i) in the case of a Library visitor who first filed 
a charge pursuant to subparagraph (A)(i), before the 
General Counsel files a complaint under subsection 
(d)(3); or 
‘‘(ii) in the case of a Library visitor who first initi-
ated a proceeding under subparagraph (A)(ii), before 
the Library visitor requests a hearing under the proce-
dures of the Library of Congress described in such 
subparagraph.’’. 
(b) CONFORMING AMENDMENT.—Section 210(d)(2) (2 U.S.C. 
1331(d)(2)) is amended by striking ‘‘section 403’’ and inserting ‘‘sec-
tion 404’’. 
(c) EFFECTIVE DATE
AND APPLICABILITY.—The amendments 
made by subsection (a) shall take effect as if such amendments 
were included in the enactment of section 153 of the Legislative 
Branch Appropriations Act, 2018 (Public Law 115-141), and shall 
apply as specified in section 153(c) of such Act. 
SEC. 304. NOTICES. 
(a) REQUIRING EMPLOYING OFFICES TO POST NOTICES.—Part 
E of title II (2 U.S.C. 1361) is amended by adding at the end 
the following: 
‘‘SEC. 226. NOTICES. 
‘‘(a) IN GENERAL.—Every employing office shall post and keep 
posted (in conspicuous places upon its premises where notices to 
covered employees are customarily posted) a notice provided by 
the Office that— 
‘‘(1) describes the rights, protections, and procedures 
applicable to covered employees of the employing office under 
this Act, concerning violations described in subsection (b); and 
‘‘(2) includes contact information for the Office. 
‘‘(b) VIOLATIONS.—A violation described in this subsection is— 
‘‘(1) discrimination prohibited by section 201(a) (including, 
in accordance with section 102(c), discrimination prohibited 
by title II of the Genetic Information Nondiscrimination Act 
of 2008 (42 U.S.C. 2000ff et seq.)) or 206(a); and 
‘‘(2) a violation of section 207 that is related to discrimina-
tion described in paragraph (1).’’. 
(b) CLERICAL AMENDMENT.—The table of contents is amended 
by adding at the end of the items relating to part E of title 
II the following new item: 
‘‘Sec. 226. Notices.’’. 
2 USC 1362. 
2 USC 1331 note. 
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132 STAT. 5323 
PUBLIC LAW 115–397—DEC. 21, 2018 
SEC. 305. CLARIFICATION OF COVERAGE OF EMPLOYEES OF HELSINKI 
AND CHINA COMMISSIONS. 
(a) CLARIFICATION OF COVERAGE.—Section 101 (2 U.S.C. 1301), 
as amended by section 302(b), is further amended— 
(1) by striking ‘‘Except as otherwise’’ and inserting ‘‘(a) 
IN GENERAL.—Except as otherwise’’; and 
(2) by adding at the end the following new subsection: 
‘‘(b) CLARIFICATION OF COVERAGE OF EMPLOYEES OF CERTAIN 
COMMISSIONS.— 
‘‘(1) COVERAGE.—With respect to the China Review 
Commission, the Congressional-Executive China Commission, 
and the Helsinki Commission— 
‘‘(A) any individual who is an employee of such 
Commission shall be considered a covered employee for 
purposes of this Act; and 
‘‘(B) the Commission shall be considered an employing 
office for purposes of this Act. 
‘‘(2) AUTHORITY TO PROVIDE LEGAL ASSISTANCE AND REP-
RESENTATION.—Subject to paragraph (3), legal assistance and 
representation under this Act, including assistance and rep-
resentation with respect to the proposal or acceptance of the 
disposition of a claim under this Act, shall be provided to 
the China Review Commission, the Congressional-Executive 
China Commission, and the Helsinki Commission— 
‘‘(A) by the Office of House Employment Counsel of 
the House of Representatives, in the case of assistance 
and representation in connection with a claim filed under 
title IV (including all subsequent proceedings under such 
title in connection with the claim) at a time when the 
chair of the Commission is a Member of the House, and 
in the case of assistance and representation in connection 
with any subsequent claim under title IV related to the 
initial claim where the subsequent claim involves the same 
parties; or 
‘‘(B) by the Office of Senate Chief Counsel for Employ-
ment of the Senate, in the case of assistance and represen-
tation in connection with a claim filed under title IV 
(including all subsequent proceedings under such title in 
connection with the claim) at a time when the chair of 
the Commission is a Senator, and in the case of assistance 
and representation in connection with any subsequent 
claim under title IV related to the initial claim where 
the subsequent claim involves the same parties. 
‘‘(3) DEFINITIONS.—In this subsection— 
‘‘(A) the term ‘China Review Commission’ means the 
United States-China Economic and Security Review 
Commission established under section 1238 of the Floyd 
D. Spence National Defense Authorization Act for Fiscal 
Year 2001 (22 U.S.C. 7002), as enacted into law by section 
1 of Public Law 106–398; 
‘‘(B) the term ‘Congressional-Executive China Commis-
sion’ means the Congressional–Executive Commission on 
the People’s Republic of China established under title III 
of the U.S.–China Relations Act of 2000 (Public Law 106– 
286; 22 U.S.C. 6911 et seq.); and 
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132 STAT. 5324 
PUBLIC LAW 115–397—DEC. 21, 2018 
‘‘(C) the term ‘Helsinki Commission’ means the 
Commission on Security and Cooperation in Europe estab-
lished under the Act entitled ‘An Act to establish a Commis-
sion on Security and Cooperation in Europe’, approved 
June 3, 1976 (Public Law 94–304; 22 U.S.C. 3001 et seq.).’’. 
(b) COVERAGE OF STENNIS CENTER.— 
(1) TREATMENT OF EMPLOYEES AS COVERED EMPLOYEES.— 
Section 101(a)(3) (2 U.S.C. 1301(a)(3)) is amended— 
(A) by striking ‘‘or’’ at the end of subparagraph (I); 
(B) by striking the period at the end of subparagraph 
(J) and inserting ‘‘; or’’; and 
(C) by adding at the end the following new subpara-
graph: 
‘‘(K) the John C. Stennis Center for Public Service 
Training and Development.’’. 
(2) TREATMENT OF CENTER AS EMPLOYING OFFICE.—Section 
101(a)(9)(D) (2 U.S.C. 1301(a)(9)(D)) is amended by striking 
‘‘and the Office of Technology Assessment’’ and inserting the 
following: ‘‘the Office of Technology Assessment, and the John 
C. Stennis Center for Public Service Training and Develop-
ment’’. 
(c) CONFORMING AMENDMENTS.—Paragraphs (7) and (8) of sec-
tion 101(a) (2 U.S.C. 1301(a)) are each amended by striking ‘‘sub-
paragraphs (C) through (I)’’ and inserting ‘‘subparagraphs (C) 
through (K)’’. 
(d) EFFECTIVE DATE.—The amendments made by this section 
shall take effect as if included in the enactment of the Congressional 
Accountability Act of 1995. 
SEC. 
306. 
TRAINING 
AND 
EDUCATION 
PROGRAMS 
OF 
OTHER 
EMPLOYING OFFICES. 
(a) REQUIRING OFFICES
TO DEVELOP
AND IMPLEMENT PRO-
GRAMS.—Title V (2 U.S.C. 1431 et seq.) is amended— 
(1) by redesignating section 509 as section 510; and 
(2) by inserting after section 508 the following new section: 
‘‘SEC. 509. TRAINING AND EDUCATION PROGRAMS OF EMPLOYING 
OFFICES. 
‘‘(a) REQUIRING OFFICES
TO DEVELOP
AND IMPLEMENT PRO-
GRAMS.—Each employing office shall develop and implement a pro-
gram to train and educate covered employees of the office in the 
rights and protections provided under this Act, including the proce-
dures available under title IV to consider alleged violations of 
this Act. 
‘‘(b) REPORT TO COMMITTEES.— 
‘‘(1) IN GENERAL.—Not later than 45 days after the begin-
ning of each Congress (beginning with the One Hundred Seven-
teenth Congress), each employing office shall submit a report 
to the Committee on House Administration of the House of 
Representatives and the Committee on Rules and Administra-
tion of the Senate on the implementation of the program 
required under subsection (a). 
‘‘(2) SPECIAL RULE FOR FIRST REPORT.—Not later than 180 
days after the date of the enactment of the Congressional 
Accountability Act of 1995 Reform Act, each employing office 
shall submit the report described in paragraph (1) to the 
Committees described in such paragraph. 
Effective date. 
2 USC 1437a. 
2 USC 1438. 
2 USC 1301 note. 
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132 STAT. 5325 
PUBLIC LAW 115–397—DEC. 21, 2018 
‘‘(c) EXCEPTION FOR OFFICES OF CONGRESS.—This section does 
not apply to an employing office of the House of Representatives 
or an employing office of the Senate.’’. 
(b) CLERICAL AMENDMENT.—The table of contents is amended— 
(1) by redesignating the item relating to section 509 as 
relating to section 510; and 
(2) by inserting after the item relating to section 508 the 
following new item: 
‘‘Sec. 509. Training and education programs of employing offices.’’. 
SEC. 307. SUPPORT FOR OUT-OF-AREA COVERED EMPLOYEES. 
(a) IN GENERAL.—Title V (2 U.S.C. 1431 et seq.), as amended 
by section 306(a), is further amended— 
(1) by redesignating section 510 as section 511; and 
(2) by inserting after section 509, as inserted by section 
306(a), the following: 
‘‘SEC. 510. SUPPORT FOR OUT-OF-AREA COVERED EMPLOYEES. 
‘‘(a) IN GENERAL.—All covered employees whose location of 
employment is outside of the Washington, DC area (referred to 
in this section as ‘out-of-area covered employees’) shall have equi-
table access to the resources and services provided by the Office 
and under this Act as is provided to covered employees who work 
in the Washington, DC area. 
‘‘(b) OFFICE
OF
CONGRESSIONAL
WORKPLACE
RIGHTS.—The 
Office shall— 
‘‘(1) establish a method by which out-of-area covered 
employees may communicate securely with the Office, which 
shall include an option for real-time audiovisual communica-
tion; and 
‘‘(2) provide guidance to employing offices regarding how 
each office can facilitate equitable access to the resources and 
services provided under this Act for its out-of-area covered 
employees, including information regarding the communication 
methods described in paragraph (1). 
‘‘(c) EMPLOYING OFFICES.—It is the sense of Congress that 
each employing office with out-of-area covered employees should 
use its best efforts to facilitate equitable access to the resources 
and services provided under this Act for those employees.’’. 
(b) CLERICAL AMENDMENT.—The table of contents, as amended 
by section 306(b), is amended— 
(1) by redesignating the item relating to section 510 as 
relating to section 511; and 
(2) by inserting after the item relating to section 509, 
as inserted by section 306(b), the following new item: 
‘‘Sec. 510. Support for out-of-area covered employees.’’. 
SEC. 308. RENAMING OFFICE OF COMPLIANCE AS OFFICE OF 
CONGRESSIONAL WORKPLACE RIGHTS. 
(a) RENAMING.—Section 301 (2 U.S.C. 1381) is amended— 
(1) in the section heading, by striking ‘‘OFFICE OF COMPLI-
ANCE’’ and inserting ‘‘OFFICE OF CONGRESSIONAL WORKPLACE 
RIGHTS’’; and 
(2) in subsection (a), by striking ‘‘Office of Compliance’’ 
and inserting ‘‘Office of Congressional Workplace Rights’’. 
2 USC 1381. 
Guidance. 
2 USC 1437b. 
2 USC 1438. 
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132 STAT. 5326 
PUBLIC LAW 115–397—DEC. 21, 2018 
(b) CONFORMING AMENDMENTS TO CONGRESSIONAL ACCOUNT-
ABILITY ACT
OF 1995.—The Congressional Accountability Act of 
1995, as amended by section 305(a), is further amended as follows: 
(1) In section 101(a)(1) (2 U.S.C. 1301(a)(1)), by striking 
‘‘Office of Compliance’’ and inserting ‘‘Office of Congressional 
Workplace Rights’’. 
(2) In section 101(a)(2) (2 U.S.C. 1301(a)(2)), by striking 
‘‘Office of Compliance’’ and inserting ‘‘Office of Congressional 
Workplace Rights’’. 
(3) In section 101(a)(3)(H) (2 U.S.C. 1301(a)(3)(H)), by 
striking ‘‘Office of Compliance’’ and inserting ‘‘Office of Congres-
sional Workplace Rights’’. 
(4) In section 101(a)(9)(D) (2 U.S.C. 1301(a)(9)(D)), by 
striking ‘‘Office of Compliance’’ and inserting ‘‘Office of Congres-
sional Workplace Rights’’. 
(5) In section 101(a)(10) (2 U.S.C. 1301(a)(10)), by striking 
‘‘Office of Compliance’’ and inserting ‘‘Office of Congressional 
Workplace Rights’’. 
(6) In section 101(a)(11) (2 U.S.C. 1301(a)(11)), by striking 
‘‘Office of Compliance’’ and inserting ‘‘Office of Congressional 
Workplace Rights’’. 
(7) In section 101(a)(12) (2 U.S.C. 1301(a)(12)), by striking 
‘‘Office of Compliance’’ and inserting ‘‘Office of Congressional 
Workplace Rights’’. 
(8) In section 210(a)(9) (2 U.S.C. 1331(a)(9)), by striking 
‘‘Office of Compliance’’ and inserting ‘‘Office of Congressional 
Workplace Rights’’. 
(9) In section 215(e)(1) (2 U.S.C. 1341(e)(1)), by striking 
‘‘Office of Compliance’’ and inserting ‘‘Office of Congressional 
Workplace Rights’’. 
(10) In section 220(e)(2)(G) (2 U.S.C. 1351(e)(2)(G)), by 
striking ‘‘Office of Compliance’’ and inserting ‘‘Office of Congres-
sional Workplace Rights’’. 
(11) In the title heading of title III, by striking ‘‘OFFICE 
OF COMPLIANCE’’ and inserting ‘‘OFFICE OF CONGRES-
SIONAL WORKPLACE RIGHTS’’. 
(12) In section 304(c)(4) (2 U.S.C. 1384(c)(4)), by striking 
‘‘Office of Compliance’’ and inserting ‘‘Office of Congressional 
Workplace Rights’’. 
(13) In section 304(c)(5) (2 U.S.C. 1384(c)(5)), by striking 
‘‘Office of Compliance’’ and inserting ‘‘Office of Congressional 
Workplace Rights’’. 
(c) 
CLERICAL
AMENDMENTS.—The 
table 
of 
contents 
is 
amended— 
(1) by amending the item relating to the heading of title 
III to read as follows: 
‘‘TITLE III—OFFICE OF CONGRESSIONAL WORKPLACE RIGHTS’’; AND 
(2) by amending the item relating to section 301 to read 
as follows: 
‘‘Sec. 301. Establishment of Office of Congressional Workplace Rights.’’. 
(d) EFFECTIVE DATE; REFERENCES IN OTHER LAWS, RULES, AND 
REGULATIONS.—The amendments made by this section shall take 
effect on the date of the enactment of this Act. Any reference 
to the Office of Compliance in any law, rule, regulation, or other 
2 USC 1381 note. 
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132 STAT. 5327 
PUBLIC LAW 115–397—DEC. 21, 2018 
LEGISLATIVE HISTORY—S. 3749: 
CONGRESSIONAL RECORD, Vol. 164 (2018): 
Dec. 13, considered and passed Senate and House. 
official paper in effect as of such date shall be considered to refer 
and apply to the Office of Congressional Workplace Rights. 
TITLE IV—EFFECTIVE DATE 
SEC. 401. EFFECTIVE DATE. 
(a) IN GENERAL.—Except as otherwise provided in this Act, 
this Act and the amendments made by this Act shall take effect 
upon the expiration of the 180-day period which begins on the 
date of the enactment of this Act. 
(b) NO EFFECT ON PENDING PROCEEDINGS.—Nothing in this 
Act or the amendments made by this Act may be construed to 
affect any proceeding or payment of an award or settlement relating 
to a claim under title IV of the Congressional Accountability Act 
of 1995 (2 U.S.C. 1401 et seq.) which is pending as of the date 
after that 180-day period. If, as of that date, an employee has 
begun any of the proceedings under that title that were available 
to the employee prior to that date, the employee may complete, 
or initiate and complete, all such proceedings, and such proceedings 
shall remain in effect with respect to, and provide the exclusive 
proceedings for, the claim involved until the completion of all such 
proceedings. 
Approved December 21, 2018. 
2 USC 1301 note. 
2 USC 1301 note. 
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