2 USC 1416 - Confidentiality

U.S Code last checked for updates: Nov 23, 2024

§ 1416.

Confidentiality

(a)

Mediation

(b)

Hearings and deliberations

(c)

Release of records for judicial action

(d)

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 subchapter (as described in paragraph (6)) of a claim alleging a violation described in section 1415(d)(1)(C) of this title 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

(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 1415(d)(1)(C) of this title 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 1415(d)(1)(C) of this title committed personally by the Senator, then the Select Committee shall notify the Executive Director to request the reimbursement described in section 1415(d) of this title and include the settlement in the report required by section 1381(l) of this title.

(4)

Protection of personally identifiable information

(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

(C)

Retention of reports

(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 1403 of this title.

(B)

A final decision of a hearing officer under section 1405(g) of this title that is no longer subject to review by the Board under section 1406 of this title.

(C)

A final decision of the Board under section 1406(e) of this title that is no longer subject to appeal to the United States Court of Appeals for the Federal Circuit under section 1407 of this title.

(D)

A final decision in a civil action under section 1408 of this title that is no longer subject to appeal.

(7)

Senior staff defined

(e)

Final decisions

(f)

Claims

(Pub. L. 104–1, title IV, § 416, Jan. 23, 1995, 109 Stat. 38; Pub. L. 114–6, § 2(c), Mar. 20, 2015, 129 Stat. 81; Pub. L. 115–397, title I, §§ 112, 114, Dec. 21, 2018, 132 Stat. 5311, 5313.)

cite as: 2 USC 1416