§ 1416. — Confidentiality.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 2USC1416]
TITLE 2--THE CONGRESS
CHAPTER 24--CONGRESSIONAL ACCOUNTABILITY
SUBCHAPTER IV--ADMINISTRATIVE AND JUDICIAL DISPUTE-RESOLUTION PROCEDURES
Sec. 1416. 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) of this section,
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 1341 of this title, 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 1407 of this
title.
(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 1405(g) or 1406(e) of this title.
(f) Final decisions
A final decision entered under section 1405(g) or 1406(e) of this
title shall be made public if it is in favor of the complaining covered
employee, or in favor of the charging party under section 1331 of this
title, 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.
(Pub. L. 104-1, title IV, Sec. 416, Jan. 23, 1995, 109 Stat. 38.)
