Sec. 204. Office of Employee Advocacy
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There is established in the Office of the Secretary of the Senate the Office of Employee Advocacy (hereafter in this section referred to as the Office ). In this section, the term covered employee of the Senate — means a covered employee (as defined in section 101 of the Congressional Accountability Act of 1995 ( 2 U.S.C. 1301 )) who is an employee of the Senate (as defined in such section); and includes a staff member described in section 201(d)(1) of such Act ( 2 U.S.C. 1311(d)(1) ), as amended by section 303(a), of an employing office of the Senate (including a former staff member described in such section 201(d)(1) who was such a staff member at the time of the alleged violation).
Subject to subsection (d), the Office shall carry out the following functions: Providing legal assistance and consultation to covered employees of the Senate regarding the procedures of the Congressional Accountability Act of 1995 ( 2 U.S.C. 1301 et seq.) and the procedures applicable to civil actions arising under such Act, including— the roles and responsibilities of the Office of Congressional Workplace Rights, the Office of the Senate Chief Counsel for Employment, and similar authorities; any proceedings conducted under such Act; the authority of the Office of Congressional Workplace Rights to compel cooperation and testimony under investigations and proceedings conducted under title IV of such Act ( 2 U.S.C. 1401 et seq.); 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 a covered employee of the Senate's initiation of, or participation in, proceedings under title IV of such Act ( 2 U.S.C. 1401 et seq.) (other than a civil action filed under section 408 of such Act ( 2 U.S.C. 1408 )); and in any proceedings of the Office of Congressional Workplace Rights, the Select Committee on Ethics of the Senate, or any other administrative or judicial body related to the alleged violations of such Act which are the subject of the proceedings initiated by the covered employee of the Senate, or the proceedings in which the covered employee of the Senate participates, under title IV of such Act ( 2 U.S.C. 1401 et seq.).
Operating a hotline through which covered employees of the Senate 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, consultation, 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 ( 2 U.S.C. 1301 et seq.). The Office may not provide any legal assistance, consultation, or representation with respect to any matter or proceeding which does not arise under the Congressional Accountability Act of 1995 ( 2 U.S.C. 1301 et seq.). If a covered employee of the Senate files a civil action with respect to an alleged violation of the Congressional Accountability Act of 1995 ( 2 U.S.C. 1301 et seq.), as provided in section 408 of such Act ( 2 U.S.C. 1408 ), the Office may not provide assistance under this section to the covered employee with respect to investigations or proceedings under such Act in connection with such alleged violation at any time after the employee files such action.
The Office shall be headed by a Director who shall be appointed by the Secretary of the Senate. 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 Secretary of the Senate. The Director may be removed by the Secretary of the Senate only for cause.
Subject to regulations of the Committee on Rules and Administration of the Senate and with the approval of the Secretary of the Senate, 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.
Congress adopts the provisions of this section— as an exercise of the rulemaking power of the Senate, and as such they shall be considered as part of the rules of the Senate and such rules shall supersede other rules only to the extent that they are inconsistent with such other rules; and with full recognition of the constitutional right of the Senate to change those rules at any time, in any manner, and to the same extent as is the case of any other rule of the Senate.
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