2 USC 1382 - Officers, staff, and other personnel

U.S Code last checked for updates: Nov 22, 2024

§ 1382.

Officers, staff, and other personnel

(a)

Executive Director

(1)

Appointment and removal

(A)

In general

(B)

Qualifications

(C)

Disqualifications

(2)

Compensation

(A)

Authority to fix compensation

(B)

Limitation

(3)

Term

(4)

Duties

(b)

Deputy Executive Directors

(1)

In general

(2)

Term

(3)

Compensation

(A)

Authority to fix compensation

(B)

Limitation

The rate of pay for a Deputy Executive Director may not exceed 96 percent of the lesser of—

(i)

the highest annual rate of compensation of any officer of the Senate; or

(ii)

the highest annual rate of compensation of any officer of the House of Representatives.

(4)

Duties

(c)

General Counsel

(1)

In general

(2)

Compensation

(A)

Authority to fix compensation

(B)

Limitation

The rate of pay for the General Counsel may not exceed the lesser of—

(i)

the highest annual rate of compensation of any officer of the Senate; or

(ii)

the highest annual rate of compensation of any officer of the House of Representatives.

(3)

Duties

The General Counsel shall—

(A)

exercise the authorities and perform the duties of the General Counsel as specified in this chapter; and

(B)

otherwise assist the Board and the Executive Director in carrying out their duties and powers, including representing the Office in any judicial proceeding under this chapter.

(4)

Attorneys in the office of the General Counsel

(5)

Term

(6)

Removal

(A)

Authority

The General Counsel may be removed from office by the Chair but only for—

(i)

disability that substantially prevents the General Counsel from carrying out the duties of the General Counsel,

(ii)

incompetence,

(iii)

neglect of duty,

(iv)

malfeasance, including a felony or conduct involving moral turpitude, or

(v)

holding an office or employment or engaging in an activity that disqualifies the individual from service as the General Counsel under paragraph (1).

(B)

Statement of reasons for removal

(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

(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 subchapter II about the employee’s rights under this chapter;

(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 subchapter 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 subchapter II regarding any claims the covered employee may have under subchapter 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 subchapter II in understanding the procedures, and the significance of the procedures, described in subchapter IV, including—

(I)

assisting or consulting with the covered employee regarding the drafting of a claim to be filed under section 1402(a) of this title; 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 subchapter 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

(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 subchapter 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 1311(d) of this title 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 subchapter 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 1402(d) of this title.

(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 chapter, 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 chapter, except that a confidential advisor may provide general assistance and information to such attorney representative regarding this chapter 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 1403 of this title.

(e)

Other staff

(f)

Detailed personnel

(g)

Consultants

(Pub. L. 104–1, title III, § 302, Jan. 23, 1995, 109 Stat. 26; Pub. L. 110–161, div. H, title I, § 1101(b), Dec. 26, 2007, 121 Stat. 2237; Pub. L. 110–164, § 2(a), Dec. 26, 2007, 121 Stat. 2459; Pub. L. 115–397, title II, § 204, Dec. 21, 2018, 132 Stat. 5318; Pub. L. 116–94, div. E, title II, § 212(a)(3)(C), Dec. 20, 2019, 133 Stat. 2775.)

cite as: 2 USC 1382