29 U.S.C. § 1304 — Participant and Plan Sponsor Advocate

(a) Selection.—The corporation’s board must select a Participant and Plan Sponsor Advocate from candidates nominated by the advisory committee under section 1302(h)(1), without applying title 5 competitive-service or Senior Executive Service appointment rules. (b) Duties.—The Advocate must (1) connect the corporation, sponsors of its insured defined-benefit plans, and participants in plans it trustees; (2) advocate full participant rights; (3) help sponsors and participants resolve disputes with the corporation; (4) identify persistent dealings problems; (5) where possible, propose administrative changes to reduce them; (6) identify useful legislative changes; and (7) refer fraud, waste, abuse, and legal violations to the corporation’s Inspector General. (c) Removal.—If removed or transferred within the corporation or Labor Department, the board must give Congress written reasons at least 30 days beforehand. This does not bar another legally authorized personnel action, other than transfer or removal. (d) Pay.—Basic pay is the highest Senior Executive Service basic-pay rate under section 5382 of title 5, or a rate set under section 9503 if the board chooses. (e) Annual report.— (1) By December 31 each year, the Advocate must report to the four listed Senate and House committees on the Office’s activities during the fiscal year ending in that calendar year. (2) The report must summarize assistance requests, describe activities, evaluate effectiveness, identify significant problems, specify legislative and regulatory solutions, and identify actions correcting problems in earlier reports. (3) The Advocate must simultaneously send the report to the Labor Secretary, corporation Director, and other appropriate official.