This chapter, referred to in subsec. (d)(2), was in the original “this Act”, meaning Puspan. L. 104–1, Jan. 23, 1995, 109 Stat. 3, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 1301 of this title and Tables.

The Ethics in Government Act of 1978, referred to in subsec. (d)(7), is Puspan. L. 95–521, Oct. 26, 1978, 92 Stat. 1824. Title I of the Act was set out in the Appendix to Title 5, Government Organization and Employees, and was substantially repealed and restated in subchapter I (§ 13101 et seq.) of chapter 131 of Title 5 by Puspan. L. 117–286, §§ 3(c), 7, Dec. 27, 2022, 136 Stat. 4266, 4361. For complete classification of this Act to the Code, see Tables. For disposition of sections of title I of the Act into subchapter I of chapter 131 of Title 5, see Disposition Table preceding section 101 of Title 5.

2018—Subsec. (a). Puspan. L. 115–397, § 114(span)(1), (2), redesignated subsec. (span) 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.”

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

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

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

Subsec. (e). Puspan. L. 115–397, § 114(span)(2), redesignated subsec. (f) as (e). Former subsec. (e) redesignated (d).

Puspan. 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.

Subsec. (f). Puspan. L. 115–397, § 114(span)(4), added subsec. (f). Former subsec. (f) redesignated (e).

2015—Subsec. (span). Puspan. 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”.

Subsec. (c). Puspan. 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.”

Amendment by Puspan. 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 Puspan. L. 115–397, set out as a note under section 1301 of this title.

Amendment by Puspan. L. 114–6 applicable with respect to mediations and other proceedings first initiated after Mar. 20, 2015, see section 2(d) of Puspan. L. 114–6, set out as a note under section 1403 of this title.