Sec. 402. Office of Employee Advocacy

579 words·~3 min read·/bill/115/hr/4822/ih/section-402

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

There is established in the Office of the Chief Administrative Officer of the House of Representatives the Office of Employee Advocacy (hereafter in this section referred to as the Office ). Subject to subsection (c), the Office shall carry out the following functions: Providing legal assistance and consultation regarding procedures under the Congressional Accountability Act of 1995 and procedures applicable to civil actions arising from claims made under such Act, including— the roles and responsibilities of the Office of Compliance, the Office of the House Employment Counsel, and similar authorities; any proceedings conducted under such Act or pursuant to a civil action which the employee may observe; the authority of the General Counsel of the Office of Compliance to compel cooperation and testimony under an investigation conducted under section 403 of such Act and the authority of a hearing officer to compel cooperation and testimony under proceedings held under section 405 of such Act; and the employee’s duties relating to such proceedings, including the responsibility to testify.

Providing legal assistance and representation— in personal civil legal matters related to the employee’s claim under such Act (other than a civil action filed under section 408 of such Act); and in any proceedings of the Office of Compliance, the Committee on Ethics of the House of Representatives (including the Office of Congressional Ethics), or any other administrative or judicial body related to the employee’s claim. Operating a hotline through which covered employees of the House may contact the Office.

Notwithstanding any law regarding the licensure of attorneys, an attorney who is employed by the Office and is authorized to provide legal assistance and representation under this section is authorized to provide that assistance and representation in any jurisdiction, subject to such regulations as may be prescribed by the Office. The relationship between the Office and an employee to whom the Office provides legal assistance and representation under this section shall be the relationship between an attorney and client.

The Office may not accept any award of attorney fees or other litigation expenses and costs under any hearing or civil action brought under the Congressional Accountability Act of 1995. If a covered employee of the House who has filed a claim under section 402 of the Congressional Accountability Act of 1995 files a civil action with respect to the claim involved, as provided in section 408 of such Act, the Office may not provide assistance under this section to the employee at any time after the employee files such action.

The Office shall be headed by a Director who shall be appointed by the Chief Administrative Officer of the House of Representatives. The individual appointed as Director shall be a lawyer who is admitted to practice before the United States District Court for the District of Columbia and who has experience in representing employees in workplace discrimination cases. The Director shall be paid at an annual rate established by the Chief Administrative Officer. The Director may be removed by the Chief Administrative Officer only for cause.

Subject to regulations of the Committee on House Administration and with the approval of the Chief Administrative Officer, the Director may appoint and fix the compensation of such additional personnel as the Director determines to be necessary to carry out the functions of the Office. The Director and the other personnel of the Office shall be appointed without regard to political affiliation and solely on the basis of fitness to perform the duties of the position.