Sec. 204. Confidential Advisor
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/bill/115/s/2952/cps/section-204A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Section 302 ( 2 U.S.C. 1382 ) is amended— by redesignating subsections
(d)through
(f)as subsections
(e)through (g), respectively; and by inserting after subsection
(c)the following: The Executive Director shall— appoint, and fix the compensation of, and may remove, a Confidential Advisor; or designate an employee of the Office to serve as a Confidential Advisor. The Confidential Advisor shall offer to provide to covered employees described in paragraph
(4)the services described in subparagraph (B), which a covered employee may accept or decline. The services referred to in subparagraph
(A)are— informing, on a privileged and confidential basis, a covered employee who has experienced a practice that may be a violation of part A of title II about the employee's rights under this Act; consulting, on a privileged and confidential basis, with a covered employee who has experienced a practice that may be a violation of part A of title II regarding— the roles, responsibilities, and authority of the Office; and the relative merits of securing private counsel, designating a non-attorney representative, or proceeding without representation during proceedings before the Office; assisting, on a privileged and confidential basis, a covered employee who seeks consideration under title IV of an allegation of a violation of part A of title II in understanding the procedures, and the significance of the procedures, described in that title IV; and informing, on a privileged and confidential basis, a covered employee who has experienced a practice that may be a violation of part A of title II about the option of pursuing, in appropriate circumstances, a complaint with the Committee on Ethics of the House of Representatives or the Select Committee on Ethics of the Senate. The Confidential Advisor shall be a lawyer who— is admitted to practice before, and is in good standing with, the bar of a State of the United States, the District of Columbia, or a territory of the United States; and has experience representing clients in cases involving the workplace laws incorporated by part A of title II. The services described in paragraph
(2)are available to any covered employee (which, for purposes of this subsection, shall include any staff member described in section 201(d) and any former covered employee (including any former staff member described in that section)), except that— a former covered employee may only request such services if the practice that may be a violation of part A of title II occurred during the employment or service of the employee; and a covered employee described in this paragraph may only request such services before the expiration of the 180-day period described in section 402(e). The Confidential Advisor— shall not provide legal advice to, or act as the designated representative for, any covered employee in connection with the covered employee’s participation in any proceeding, including any proceeding under this Act, any judicial proceeding, or any proceeding before any committee of Congress; and shall not serve as a mediator in any mediation conducted pursuant to section 403. .
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Sec. 204
Confidential Advisor
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