Sec. 204. CONFIDENTIAL ADVISORS
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## SEC. 204 CONFIDENTIAL ADVISORS Section 302 (2 U.S.C. 1382) is amended— ####
(1)by redesignating subsections
(d)through
(f)as subsections
(e)through (g), respectively; and ####
(2)by inserting after subsection
(c)the following: > > ### “(d) Confidential Advisors > > > #### “(1) In general > > The Executive Director shall— > > > ##### “(A) > > appoint, and fix the compensation of, and may remove, 1 or more confidential advisors to carry out the duties described in this subsection; or > > > ##### “(B) > > designate 1 or more employees of the Office to serve as a confidential advisor. > > > #### “(2) Duties > > > ##### “(A) Voluntary services > > A confidential advisor appointed or designated under paragraph
(1)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. > > > ##### “(B) Services > > The services referred to in subparagraph
(A)are— > > > ###### “(i) > > informing, on a privileged and confidential basis, a covered employee who has been subject to a practice that may be a violation of part A of title II about the employee’s rights under this Act; > > > ###### “(ii) > > consulting, on a privileged and confidential basis, with a covered employee who has been subject to a practice that may be a violation of part A of title II regarding— > > > ###### “(I) > > the roles, responsibilities, and authority of the Office; and > > > ###### “(II) > > the relative merits of securing private counsel, designating a non-attorney representative, or proceeding without representation for proceedings before the Office; > > > ###### “(iii) > > advising and consulting with, on a privileged and confidential basis, a covered employee who has been subject to a practice that may be a violation of part A of title II regarding any claims the covered employee may have under title IV, the factual allegations that support each such claim, and the relative merits of the procedural options available to the employee for each such claim; > > > ###### “(iv) > > 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 title IV, including— > > > ###### “(I) > > assisting or consulting with the covered employee regarding the drafting of a claim to be filed under section 402(a); and > > > ###### “(II) > > consulting with the covered employee regarding the procedural options available to the covered employee after a claim is filed, and the relative merits of each option; and > > > ###### “(v) > > informing, on a privileged and confidential basis, a covered employee who has been subject to 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. > > > ##### “(C) Continuity of service > > Once a covered employee has accepted and received any services offered under this section from a confidential advisor appointed or designated under paragraph (1), any other services requested under this subsection by the covered employee shall be provided, to the extent practicable, by the same confidential advisor. > > > #### “(3) Qualifications > > A confidential advisor appointed or designated under paragraph
(1)shall be a lawyer who— > > > ##### “(A) > > 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 > > > ##### “(B) > > has experience representing clients in cases involving the workplace laws incorporated by part A of title II. > > > #### “(4) Individuals covered > > 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 such former staff member)), except that— > > > ##### “(A) > > 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 > > > ##### “(B) > > a covered employee described in this paragraph may only request such services before the expiration of the 180-day period described in section 402(d). > > > #### “(5) Restrictions > > A confidential advisor appointed or designated under paragraph (1)— > > > ##### “(A) > > shall not 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; > > > ##### “(B) > > shall not offer or provide services described in paragraph (2)(B) to a covered employee if the covered employee has designated an attorney representative in connection with the covered employee’s participation in any proceeding under this Act, except that a confidential advisor may provide general assistance and information to such attorney representative regarding this Act and the role of the Office as the confidential advisor determines appropriate; and > > > ##### “(C) > > shall not serve as a mediator in any mediation conducted pursuant to section 404.” > .
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Sec. 204
CONFIDENTIAL ADVISORS
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