§ 1416. Confidentiality

Footnotes

1. 1 See References in Text note below.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 1995

   Pub. L. 104–1 title IV § 416 · 109 Stat. 3

   Enacted · 2 U.S.C. § 1416

   Pub. L. 104–1, title IV, § 416, Jan. 23, 1995, 109 Stat. 38

   Source evidence

   Code source credit
   Pub. L. 104–1, title IV, § 416, Jan. 23, 1995, 109 Stat. 38

   Enacted provision · exact public law section
   SEC. 416. CONFIDENTIALITY. (a) Counseling.— All counseling shall be strictly confidential, except that the Office and a covered employee may agree to notify the employing office of the allegations. (b) Mediation.— All mediation shall be strictly confidential. (c) Hearings and Deliberations.— Except as provided in subsections (d), (e), and (f), all proceedings and deliberations of hearing officers and the Board, including any related records, shall be confidential. This subsection shall not apply to proceedings under section 215, but shall apply to the deliberations of hearing officers and the Board under that section. (d) Release of Records for Judicial Action.— The records of hearing officers and the Board may be made public if required for the purpose of judicial review under section 407. (e) Access by Committees of Congress.— At the discretion of the Executive Director, the Executive Director may provide to the Committee on Standards of Official Conduct of the House of Representatives and the Select Committee on Ethics of the Senate access to the records of the hearings and decisions of the hearing officers and the Board, including all written and oral testimony in the possession of the Office. The Executive Director shall not provide such access until the Executive Director has consulted with the individual filing the complaint at issue, and until a final decision has been entered under section 405(g) or 406(e). (f) Final Decisions.— A final decision entered under section Public information. 405(g) or 406(e) shall be made public if it is in favor of the complaining covered employee, or in favor of the charging party under section 210, or if the decision reverses a decision of a hearing officer which had been in favor of the covered employee or charging party. The Board may make public any other decision at its discretion.

2. 2015

   Office of Compliance Administrative and Technical Corrections Act of 2015

   Pub. L. 114–6 § 2(c)(1) · 129 Stat. 81

   Inserted · 2 U.S.C. § 1416(b)

   Pub. L. 114–6, § 2(c)(1), inserted before period at end “, and the Executive Director shall notify each person participating in the mediation of the confidentiality requirement and of the sanctions applicable to any person who violates the confidentiality requirement”

   Source evidence

   Code amendment note
   Subsec. (b). Pub. L. 114–6, § 2(c)(1), inserted before period at end “, and the Executive Director shall notify each person participating in the mediation of the confidentiality requirement and of the sanctions applicable to any person who violates the confidentiality requirement”.

   Enacted provision · exact public law section
   (1) Mediations.— Section 416(b) of such Act (2 U.S.C. 1416(b)) is amended by striking the period at the end and inserting the following: “, and the Executive Director shall notify each person participating in the mediation of the confidentiality requirement and of the sanctions applicable to any person who violates the confidentiality requirement.”.

3. 2015

   Office of Compliance Administrative and Technical Corrections Act of 2015

   Pub. L. 114–6 § 2(c)(2) · 129 Stat. 81

   Inserted · 2 U.S.C. § 1416(c)

   Pub. L. 114–6, § 2(c)(2), inserted at end “The Executive Director shall notify each person participating in a proceeding or deliberation to which this subsection applies of the requirements of this subsection and of the sanctions applicable to any person who violates the requirements of this subsection.”

   Source evidence

   Code amendment note
   Subsec. (c). Pub. L. 114–6, § 2(c)(2), inserted at end “The Executive Director shall notify each person participating in a proceeding or deliberation to which this subsection applies of the requirements of this subsection and of the sanctions applicable to any person who violates the requirements of this subsection.”

   Enacted provision · exact public law section
   (2) Hearings and deliberations.— Section 416(c) of such Act (2 U.S.C. 1416(c)) is amended by adding at the end the following: “The Executive Director shall notify each person participating in a proceeding or deliberation to which this subsection applies of the requirements of this subsection and of the sanctions applicable to any person who violates the requirements of this subsection.”.

4. 2018

   Congressional Accountability Act of 1995 Reform Act

   Pub. L. 115–397 § 114(b)(1) · 132 Stat. 5297

   1. Redesignated · 2 U.S.C. § 1416(a)

      Pub. L. 115–397, § 114(b)(1), (2), redesignated subsec. (b) as (a)

   2. Struck · 2 U.S.C. § 1416(a)

      Pub. L. 115–397, § 114(b)(1), (2), struck out former subsec. (a). Prior to amendment, text of subsec. (a) read as follows: “All counseling shall be strictly confidential, except that the Office and a covered employee may agree to notify the employing office of the allegations.”

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 115–397, § 114(b)(1), (2), redesignated subsec. (b) as (a) and struck out former subsec. (a). Prior to amendment, text of subsec. (a) read as follows: “All counseling shall be strictly confidential, except that the Office and a covered employee may agree to notify the employing office of the allegations.”

   Enacted provision · exact public law section
   (1) by striking subsection (a);

   Effective date note
   Amendment by Pub. L. 115–397 effective upon expiration of the 180-day period beginning on Dec. 21, 2018, with provisions for effect on pending proceedings, see section 401 of Pub. L. 115–397, set out as a note under section 1301 of this title.

5. 2018

   Congressional Accountability Act of 1995 Reform Act

   Pub. L. 115–397 § 114(b)(2) · 132 Stat. 5297

   1. Redesignated · 2 U.S.C. § 1416(b)

      Pub. L. 115–397, § 114(b)(2), (3), redesignated subsec. (c) as (b)

   2. Redesignated · 2 U.S.C. § 1416(b)

      Pub. L. 115–397, § 114(b)(2), (3), substituted “subsections (c), (d), and (e)” for “subsections (d), (e), and (f)”. Former subsec. (b) redesignated (a)

   Source evidence

   Code amendment note
   Subsec. (b). Pub. L. 115–397, § 114(b)(2), (3), redesignated subsec. (c) as (b) and substituted “subsections (c), (d), and (e)” for “subsections (d), (e), and (f)”. Former subsec. (b) redesignated (a).

   Enacted provision · exact public law section
   (2) by redesignating subsections (b) through (f) as subsections (a) through (e), respectively;

   Effective date note
   Amendment by Pub. L. 115–397 effective upon expiration of the 180-day period beginning on Dec. 21, 2018, with provisions for effect on pending proceedings, see section 401 of Pub. L. 115–397, set out as a note under section 1301 of this title.

6. 2018

   Congressional Accountability Act of 1995 Reform Act

   Pub. L. 115–397 § 114(a) · 132 Stat. 5297

   Substituted · 2 U.S.C. § 1416(b)

   Pub. L. 115–397, § 114(a), substituted “All information discussed or disclosed in the course of any mediation” for “All mediation”

   Target inherited from the preceding amendment note.

   Source evidence

   Code amendment note
   Pub. L. 115–397, § 114(a), substituted “All information discussed or disclosed in the course of any mediation” for “All mediation”.

   Enacted provision · exact public law section
   (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”.

   Effective date note
   Amendment by Pub. L. 115–397 effective upon expiration of the 180-day period beginning on Dec. 21, 2018, with provisions for effect on pending proceedings, see section 401 of Pub. L. 115–397, set out as a note under section 1301 of this title.

7. 2018

   Congressional Accountability Act of 1995 Reform Act

   Pub. L. 115–397 § 114(b)(2) · 132 Stat. 5297

   Redesignated · 2 U.S.C. § 1416(c); 2 U.S.C. § 1416(d)

   Pub. L. 115–397, § 114(b)(2), redesignated subsecs. (d) and (e) as (c) and (d), respectively. Former subsec. (c) redesignated (b)

   Source evidence

   Code amendment note
   Subsecs. (c), (d). Pub. L. 115–397, § 114(b)(2), redesignated subsecs. (d) and (e) as (c) and (d), respectively. Former subsec. (c) redesignated (b).

   Enacted provision · exact public law section
   (2) by redesignating subsections (b) through (f) as subsections (a) through (e), respectively;

   Effective date note
   Amendment by Pub. L. 115–397 effective upon expiration of the 180-day period beginning on Dec. 21, 2018, with provisions for effect on pending proceedings, see section 401 of Pub. L. 115–397, set out as a note under section 1301 of this title.

8. 2018

   Congressional Accountability Act of 1995 Reform Act

   Pub. L. 115–397 § 114(b)(2) · 132 Stat. 5297

   Redesignated · 2 U.S.C. § 1416(e)

   Pub. L. 115–397, § 114(b)(2), redesignated subsec. (f) as (e). Former subsec. (e) redesignated (d)

   Source evidence

   Code amendment note
   Subsec. (e). Pub. L. 115–397, § 114(b)(2), redesignated subsec. (f) as (e). Former subsec. (e) redesignated (d).

   Enacted provision · exact public law section
   (2) by redesignating subsections (b) through (f) as subsections (a) through (e), respectively;

   Effective date note
   Amendment by Pub. L. 115–397 effective upon expiration of the 180-day period beginning on Dec. 21, 2018, with provisions for effect on pending proceedings, see section 401 of Pub. L. 115–397, set out as a note under section 1301 of this title.

9. 2018

   Congressional Accountability Act of 1995 Reform Act

   Pub. L. 115–397 § 112 · 132 Stat. 5297

   1. Amended · 2 U.S.C. § 1416(e)

      Pub. L. 115–397, § 112, amended subsec. (e) generally

   2. Substituted · 2 U.S.C. § 1416(e)

      Pub. L. 115–397, § 112, substituting provisions relating to automatic referral to congressional ethics committee of dispositions of claims involving Members of Congress and senior staff for provisions relating to access by committees of Congress

   Target inherited from the preceding amendment note.

   Source evidence

   Code amendment note
   Pub. L. 115–397, § 112, amended subsec. (e) generally, substituting provisions relating to automatic referral to congressional ethics committee of dispositions of claims involving Members of Congress and senior staff for provisions relating to access by committees of Congress.

   Enacted provision · exact public law section
   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.   Section 416(e) (2 U.S.C. 1416(e)) is amended to read as follows: “(e) Automatic Referral to Congressional Ethics Committee of Dispositions of Claims Involving Members of Congress 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 Representatives, 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 Executive 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 agreement 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 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 information.— If a Committee to which a claim is referred under paragraph (1) issues a report with respect to the claim, the Committee 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 Commissioner 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 considered for redaction may lead to the unintentional disclosure 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 settlement, including an agreement reached pursuant to mediation 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.).” .

   Effective date note
   Amendment by Pub. L. 115–397 effective upon expiration of the 180-day period beginning on Dec. 21, 2018, with provisions for effect on pending proceedings, see section 401 of Pub. L. 115–397, set out as a note under section 1301 of this title.

10. 2018

    Congressional Accountability Act of 1995 Reform Act

    Pub. L. 115–397 § 114(b)(4) · 132 Stat. 5297

    Redesignated · 2 U.S.C. § 1416(f)

    Pub. L. 115–397, § 114(b)(4), added subsec. (f). Former subsec. (f) redesignated (e)

    Source evidence

    Code amendment note
    Subsec. (f). Pub. L. 115–397, § 114(b)(4), added subsec. (f). Former subsec. (f) redesignated (e).

    Enacted provision · exact public law section
    (4) by adding at the end the following: “(f) Claims.— Nothing in this section may be construed to prohibit 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 proceeding under this title.” .

    Effective date note
    Amendment by Pub. L. 115–397 effective upon expiration of the 180-day period beginning on Dec. 21, 2018, with provisions for effect on pending proceedings, see section 401 of Pub. L. 115–397, set out as a note under section 1301 of this title.

13 of 13 references resolved to an enrolled provision