[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 2553 Introduced in Senate (IS)]
<DOC>
117th CONGRESS
1st Session
S. 2553
To amend title 28, United States Code, to protect employees of the
Federal judiciary from discrimination, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
July 29, 2021
Ms. Hirono (for herself, Mr. Whitehouse, Mrs. Murray, and Mr. Durbin)
introduced the following bill; which was read twice and referred to the
Committee on the Judiciary
_______________________________________________________________________
A BILL
To amend title 28, United States Code, to protect employees of the
Federal judiciary from discrimination, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Judiciary Accountability Act of
2021''.
SEC. 2. PROTECTING EMPLOYEES OF THE FEDERAL JUDICIARY FROM
DISCRIMINATION.
(a) In General.--Chapter 57 of title 28, United States Code, is
amended by adding at the end the following:
``Sec. 964. Protecting employees of the Federal judiciary from
discrimination
``(a) Discriminatory Practices Prohibited.--All personnel actions
(as such term is defined in section 2302(a)(2) of title 5) affecting
covered employees (as such term is defined in section 10 of the
Judiciary Accountability Act of 2021) shall be made free from any
discrimination based on--
``(1) race, color, religion, sex (including sexual
orientation or gender identity), or national origin, within the
meaning of section 703 of the Civil Rights Act of 1964 (42
U.S.C. 2000e-2);
``(2) age, within the meaning of section 15 of the Age
Discrimination in Employment Act of 1967 (29 U.S.C. 633a); or
``(3) disability, within the meaning of section 501 of the
Rehabilitation Act of 1973 (29 U.S.C. 791) and sections 102
through 104 of the Americans with Disabilities Act of 1990 (42
U.S.C. 12112-12114).
``(b) Remedy.--
``(1) Civil rights.--The remedy for a violation of
subsection (a)(1) shall be--
``(A) such remedy as would be appropriate if
awarded under section 706(g) of the Civil Rights Act of
1964 (42 U.S.C. 2000e-5(g)); and
``(B) such compensatory damages as would be
appropriate if awarded under section 1977 of the
Revised Statutes (42 U.S.C. 1981), or as would be
appropriate if awarded under sections 1977A(a)(1),
1977A(b)(2), and, irrespective of the size of the
employing office, 1977A(b)(3)(D) of the Revised
Statutes (42 U.S.C. 1981a(a)(1), 1981a(b)(2), and
1981a(b)(3)(D)).
``(2) Age discrimination.--The remedy for a violation of
subsection (a)(2) shall be--
``(A) such remedy as would be appropriate if
awarded under section 15(c) of the Age Discrimination
in Employment Act of 1967 (29 U.S.C. 633a(c)); and
``(B) such liquidated damages as would be
appropriate if awarded under section 7(b) of such Act
(29 U.S.C. 626(b)).
In addition, the waiver provisions of section 7(f) of such Act
(29 U.S.C. 626(f)) shall apply to covered employees.
``(3) Disabilities discrimination.--The remedy for a
violation of subsection (a)(3) shall be--
``(A) such remedy as would be appropriate if
awarded under section 505(a)(1) of the Rehabilitation
Act of 1973 (29 U.S.C. 794a(a)(1)) or section 107(a) of
the Americans with Disabilities Act of 1990 (42 U.S.C.
12117(a)); and
``(B) such compensatory damages as would be
appropriate if awarded under sections 1977A(a)(2),
1977A(a)(3), 1977A(b)(2), and, irrespective of the size
of the employing office, 1977A(b)(3)(D) of the Revised
Statutes (42 U.S.C. 1981a(a)(2), 1981a(a)(3),
1981a(b)(2), and 1981a(b)(3)(D)).
``(c) Report.--On an annual basis, the judicial council of each
circuit shall submit to Congress a report that includes, for the
previous year, hiring statistics for the circuit, each court of the
United States for the circuit, each Federal Public Defender
Organization described in section 3006A(g)(2)(A) of title 18 that is
associated with the circuit, and each office or agency referred to in
section 10(2)(A) of the Judiciary Accountability Act of 2021 that is
associated with the circuit.''.
(b) Clerical Amendment.--The table of sections for chapter 57 of
title 28, United States Code, is amended by adding at the end the
following:
``964. Protecting employees of the Federal judiciary from
discrimination.''.
SEC. 3. PROTECTING WHISTLEBLOWERS IN THE FEDERAL JUDICIARY FROM
RETALIATION.
(a) In General.--Chapter 57 of title 28, United States Code, as
amended by this Act, is further amended by adding at the end the
following:
``Sec. 965. Protecting whistleblowers from retaliation
``(a) In General.--No justice, judge, covered employee, or
contractor or subcontractor of an office or agency in the judicial
branch of the Federal Government may discharge, demote, threaten,
suspend, harass, or in any other manner discriminate against a covered
employee (as such term is defined in section 10 of the Judiciary
Accountability Act of 2021) in the terms and conditions of employment
because of any lawful act done by the covered employee or perceived to
have been done by the covered employee or any person perceived to be
associated with or assisting the covered employee to provide
information, cause information to be provided, or otherwise assist in
an investigation regarding any possible violation of Federal law, rule,
or regulation or misconduct by a justice, judge, contractor or
subcontractor with an office or agency of the judicial branch of the
Federal Government, or covered employee.
``(b) Remedy.--A court may order such legal or equitable relief as
may be necessary to eliminate the direct and indirect effects of a
violation of subsection (a).
``(c) Burden of Proof.--Proceedings to determine a violation shall
be governed by the legal burdens of proof specified in section 1221(e)
of title 5.
``(d) Venue.--Notwithstanding section 1391, an action under this
section may be filed in any United States district court.''.
(b) Clerical Amendment.--The table of sections for chapter 57 of
title 28, United States Code, as amended by this Act, is further
amended by adding at the end the following:
``965. Protecting whistleblowers from retaliation.''.
SEC. 4. ESTABLISHMENT OF THE COMMISSION ON JUDICIAL INTEGRITY.
(a) Commission.--There is established in the judicial branch of the
Federal Government the Commission on Judicial Integrity.
(b) Membership.--The membership of the Commission consists of the
following 16 members:
(1) Presidential appointment.--The following 3 members
appointed by the President:
(A) A Chair selected from a list of not more than 3
candidates recommended by the concurrence of the
Council of the Inspectors General on Integrity and
Efficiency.
(B) A Vice Chair selected from a list of not more
than 3 candidates recommended by the Equal Employment
Opportunity Commission.
(C) A Vice Chair selected from a list of not more
than 3 candidates recommended by the United States
Commission on Civil Rights.
(2) Expert representation.--The following 7 members
selected by a recorded vote (which shall be made available on
uscourts.gov, or any successor thereto, along with the
transcript of the proceedings and any additional statements by
individual members of the Judicial Conference) of the Judicial
Conference of the United States after consultation with the
majority and minority leaders of the Senate, the Speaker and
minority leader of the House of Representatives, the Council of
the Inspectors General on Integrity and Efficiency, the Equal
Employment Opportunity Commission, and the United States
Commission on Civil Rights:
(A) 2 members with substantial experience in
alternative dispute resolution regarding workplace
misconduct.
(B) 2 members with substantial experience in
enforcing and investigating civil rights laws against
workplace discrimination, including 1 member with
experience representing employees.
(C) 1 member with substantial experience working in
the office of an inspector general of an agency.
(D) 1 member with substantial experience on a State
judicial conduct commission or equivalent State body.
(E) 1 member with experience providing licensed
counseling and other support for victims of harassment,
sexual assault, discrimination, or retaliation.
(3) Judicial representation.--2 Federal judges selected by
the members appointed under paragraphs (1) and (2) from a list
of 6 judges recommended by a recorded vote of the Judicial
Conference, who--
(A) do not serve in the same judicial district or
circuit; and
(B) have not been found to have engaged in judicial
misconduct, including workplace misconduct.
(4) Employee representation.--The following 4 members
selected by the Chair and Vice Chairs:
(A) 2 current employees of the judicial branch of
the Federal Government who--
(i) do not serve in the same court,
circuit, agency, or office;
(ii) have been employed by the judicial
branch of the Federal Government for at least 5
years; and
(iii) do not serve in senior executive
positions.
(B) 2 members who have completed a judicial
clerkship within the 4 years immediately preceding such
selection.
(c) Basis for Selection.--
(1) In general.--The members shall be selected solely on
the basis of integrity and demonstrated ability in their
respective fields. Members shall have training or experience in
the application of the rights, protections, procedures, and
remedies, or their equivalents under State or Federal law, made
applicable under this Act.
(2) Limitations.--Except as provided in paragraphs (3) and
(4)(A) of subsection (b), no member may be--
(A) a current officer or employee of the judicial
branch of the Federal Government;
(B) a former director or deputy director of the
Administrative Office of United States Courts; and
(C) a current officer or employee of the
legislative or executive branches.
(d) Terms of Office.--
(1) In general.--The members shall serve for 4 years terms,
except that the first members shall be staggered so that--
(A) the Chair and 1 Vice Chair, as designated by
the President, serve terms of 5 years;
(B) 3 members appointed under subsection (b)(2), as
designated by the Judicial Conference, serve terms of 5
years;
(C) 1 member appointed under subsection (b)(3), as
designated by the Chair and Vice Chairs, serves a term
of 5 years;
(D) 1 member appointed under subsection (b)(4), as
designated by the Chair and Vice Chairs, serves a term
of 5 years; and
(E) all other members initially appointed serve
terms of 4 years.
(2) Service until successor appointed.--A member whose term
has expired may continue to serve until the date on which a
successor has taken office.
(e) Removal.--A member may be removed from office by a majority
vote, made on the record in an open meeting, of the Judicial Conference
of the United States, with each vote recorded and accompanied by a
statement explaining the reason for said vote, subject to the
following:
(1) The removal of a member may only be initiated in the
event of permanent incapacity, inefficiency, neglect of duty,
or malfeasance.
(2) The Judicial Conference shall communicate the reasons
for any such removal to both Houses of Congress and the
Commission within 14 days of said removal.
(f) Duties.--The Commission shall oversee a workplace misconduct
prevention program that is consistent with prevailing best practices
and that includes--
(1) a comprehensive workplace misconduct policy;
(2) a nationwide confidential reporting system that is
readily accessible to current and former employees of the
judicial branch of the Federal Government, law schools, and
other potential complainants, including those who may interact
with judges and senior executives in professional settings
outside the judicial branch of the Federal Government;
(3) a comprehensive training program on workplace behavior
and bystander intervention;
(4) metrics for workplace misconduct response and
prevention in supervisory employees' performance reviews;
(5) a system for independently investigating reports of
workplace misconduct that ensures such investigations are
comprehensive, timely, effective, and trusted;
(6) standards for the imposition of prompt, consistent, and
proportionate disciplinary and corrective action if workplace
misconduct is determined to have concurred;
(7) making publicly available, not less frequently than
annually, anonymized reports of aggregate formal and informal
complaints of workplace misconduct received and responsive
actions taken;
(8) making publicly available annual reports of the number
of individuals who were interviewed for full-time positions,
including judicial clerkships, with a court of the United
States, an office or agency described in chapter 15 or part III
of title 28, United States Code, or a defender organization
described in section 3006A(g) of title 18, United States Code,
and who were hired for such positions, which shall be
disaggregated by judicial circuit and judicial branch agency,
by sex (including by sexual orientation and gender identity),
by disability, and by the ethnic and the racial categories in
the most recent decennial census (or similar categories), with
year-to-year trends of the most recent 10 years for which data
are available, to the extent practicable;
(9) making publicly available biennial workplace climate
assessments that include surveys of current and former
employees and interviews and focus groups of randomly selected
current and former employees;
(10) conducting annual audits of the efficacy of the
workplace misconduct prevention program; and
(11) ensuring that the elements of the workplace misconduct
prevention program are easy to understand, easy to access and
use, and are regularly communicated to all employees.
(g) Additional Duties.--The Commission shall also--
(1) select and advise the Special Counsel for Equal
Employment Opportunity appointed under section 6;
(2) select and supervise the Judicial Integrity Officer
appointed under section 5;
(3) supervise the Office of Employee Advocacy established
under section 7 and select the Chief Counsel for Employee
Advocacy under section 7;
(4) maintain policies, practices, procedures, and codes of
conduct that--
(A) preserve the integrity of the Commission and
the offices and programs established under this Act;
(B) maintain the confidence of covered employees in
the Commission and the offices and programs established
under this Act; and
(C) guarantee procedural rights to individuals
during investigations and dispute resolution
proceedings under this Act;
(5) no less than every 4 years, recommend to the Judicial
Conference, after notice and opportunity for comment, revisions
to the Judicial Conduct and Disability Rules, the Code of
Conduct for Judiciary Employees, the Code of Conduct for
Federal Public Defender Employees, and the Code of Conduct for
United States Judges;
(6) ensure that the Judicial Conference, Congress, and the
public are kept informed of--
(A) the work of the Commission;
(B) the workplace climate and culture in the
judicial branch of the Federal Government, including
the incidence of workplace misconduct; and
(C) the efficacy of the workplace misconduct
prevention program overseen by the Commission;
(7) establish general policies and promulgate such rules
and regulations for the Commission as are necessary to carry
out the purposes of this Act;
(8) appoint and fix the salary and duties of the Staff
Director, who shall serve at the discretion of the Commission
and who shall be compensated at an annual rate not to exceed 92
percent of the annual rate of pay in effect for the Director of
the Administrative Office of United States Courts;
(9) retain private attorneys (who, when serving as officers
or employees of the United States, shall be considered special
government employees as defined in section 202(a) of title 18,
United States Code) to provide legal advice to the Commission
in the conduct of its work, or to appear for or represent the
Commission in any case in which the Commission is authorized by
law to represent itself; and
(10) in its discretion, pay reasonable attorney's fees to
private attorneys employed by the Commission out of amounts
appropriated to the Commission.
(h) Director and Staff.--
(1) Director.--The Staff Director shall supervise the
activities of persons employed by the Commission and perform
other duties assigned to the Staff Director by the Commission.
(2) Staff.--
(A) In general.--The Staff Director shall, subject
to the approval of the Commission, appoint such
officers and employees as are necessary in the
execution of the functions of the Commission.
(B) Application of title 5.--The officers and
employees of the Commission shall be exempt from the
provisions of part III of title 5, United States Code,
except the following: chapters 45 (Incentive Awards),
63 (Leave), 81 (Compensation for Work Injuries), 83
(Retirement), 85 (Unemployment Compensation), 87 (Life
Insurance), and 89 (Health Insurance), and subchapter
VI of chapter 55 (Payment for accumulated and accrued
leave).
(C) Pay.--The annual rates of pay of the officers
and employees of the Commission, other than the Staff
Director, shall be fixed at rates not to exceed the
annual rate of basic pay for positions at level IV of
the Executive Schedule under section 5315 of title 5,
United States Code.
(i) Compensation.--
(1) In general.--The Chair and Vice Chairs of the
Commission shall hold full-time positions and shall be
compensated during their terms of office at the annual rate at
which judges of the United States courts of appeals are
compensated.
(2) Per diem.--
(A) Rate of compensation for each day.--Each other
member of the Commission shall be compensated, for each
day (including travel time) during which such member is
engaged in the performance of the duties of the
Commission, at the daily equivalent of the annual rate
of pay payable to judges of the United States courts of
appeals.
(B) Authority to prorate.--The rate of pay of a
member may be prorated based on the portion of the day
during which the member is engaged in the performance
of Commission duties.
(3) Travel expenses.--Each member of the Commission shall
receive travel expenses, including per diem in lieu of
subsistence, at rates authorized for employees of agencies
under subchapter I of chapter 57 of title 5, United States
Code, for each day the member is engaged in the performance of
duties away from the home or regular place of business of the
member.
(j) GAO Audit.--Not later than 180 days after the date of enactment
of this Act, and annually thereafter, the Comptroller General of the
United States shall conduct a study of the management, governance
structure, and independence of the Commission.
SEC. 5. OFFICE OF JUDICIAL INTEGRITY.
(a) Establishment.--There is established in the judicial branch of
the Federal Government the Office of Judicial Integrity (in this
section referred to as the ``OJI'').
(b) Appointment, Term, and Removal of Judicial Integrity Officer.--
(1) Appointment.--The head of the OJI shall be the Judicial
Integrity Officer, who shall be appointed by the Commission,
after consultation with the Judicial Conference of the United
States.
(2) Qualifications.--The Judicial Integrity Officer shall,
by demonstrated ability, background, training, or experience,
be especially qualified to carry out the functions of the
position.
(3) Term.--The Judicial Integrity Officer shall serve for a
term of 4 years, and may be reappointed by the Commission,
after public notice and opportunity to comment and consultation
with the Judicial Conference of the United States, for an
additional term.
(4) Removal.--The Judicial Integrity Officer may be removed
from office by a majority vote of the Judicial Conference of
the United States, subject to the following:
(A) The removal of the Judicial Integrity Officer
may only be initiated in the event of permanent
incapacity, inefficiency, neglect of duty, or
malfeasance.
(B) The Judicial Conference shall communicate the
reasons for any such removal to both Houses of Congress
and the Commission not later than 14 days after
removal.
(c) Staffing.--
(1) In general.--The Judicial Integrity Officer shall,
after consultation with the Commission, develop a staffing plan
which shall include, at a minimum--
(A) 6 deputies;
(B) a Director of Workplace Relations for--
(i) each judicial circuit;
(ii) the Court of International Trade;
(iii) the Court of Federal Claims;
(iv) each Federal Public Defender
Organization described in section
3006A(g)(2)(A) of title 18, United States Code;
and
(v) each judicial branch agency not
described in clauses (i) through (iv);
(C) at least 2 employee dispute resolution
coordinators for--
(i) each judicial district;
(ii) each judicial circuit;
(iii) the Court of International Trade; and
(iv) the Court of Federal Claims; and
(D) a sufficient number of employee dispute
resolution coordinators for every other judicial branch
agency.
(2) Publication of qualifications.--The Commission shall
develop and, after public notice and opportunity for comment,
post the qualifications for the positions described in this
subsection.
(d) Duties.--With respect to the judicial branch of the Federal
Government, the OJI shall, consistent with prevailing best practices,
perform the following:
(1) Administer the following elements of the workplace
misconduct prevention program under section 4(f):
(A) The comprehensive workplace misconduct policy.
(B) The nationwide, confidential reporting system.
(C) In consultation with the Federal Judicial
Center, the comprehensive training program on workplace
behavior and bystander intervention.
(D) The development of metrics for workplace
misconduct response and prevention in supervisory
employees' performance reviews.
(E) The development and maintenance of an employee
dispute resolution program.
(F) Regular public reporting of anonymized
workplace misconduct complaints received and responsive
action taken.
(G) Regular public reporting of the number of
individuals who were interviewed for judicial clerkship
positions and who were hired for such positions,
disaggregated by circuit, by sex (including by sexual
orientation and gender identity), by disability, and by
the ethnic and the racial categories in the most recent
decennial census (or similar categories).
(2) Provide offices and agencies employing covered
employees with confidential advice and counseling regarding
compliance with this Act (and the amendments made by this Act).
(3) Tracking complaints and investigations of workplace
misconduct, as well as remedies for such workplace misconduct.
(4) Compile anonymized statistics on--
(A) the use of the confidential reporting system
described in section 4(f)(2), including the number and
type of contacts made with the OJI;
(B) the reason for such contacts;
(C) the number of covered employees who initiated
proceedings with the OJI under this section and the
result of such proceedings; and
(D) the number of covered employees who filed a
claim, the basis for the claim, and the action taken on
the claim.
(e) Powers.--In carrying out the duties of the OJI, the Judicial
Integrity Officer shall have the power to--
(1) make investigations and reports;
(2) obtain information or assistance from any Federal,
State, or local governmental agency, or other entity, or unit
thereof, including all information kept in the course of
business by the Judicial Conference of the United States, the
judicial council of any circuit, the Administrative Office of
the United States Courts, the Federal Judicial Center, the
United States Sentencing Commission, and a defender
organization described in section 3006A(g) of title 18, United
States Code;
(3) employ such officers and employees as the Judicial
Integrity Officer determines appropriate, subject to the
provisions of title 5, United States Code, governing
appointments in the competitive service, and the provisions of
chapter 51 and subchapter III of chapter 53 of such title
relating to classification and General Schedule pay rates;
(4) obtain services as authorized by section 3109 of title
5, United States Code, at daily rates not to exceed the
equivalent rate for a position at level IV of the Executive
Schedule under section 5315 of such title; and
(5) to the extent and in such amounts as may be provided in
advance by appropriations Acts--
(A) enter into contracts and other arrangements for
audits, studies, analyses, and other services with
public agencies and with private persons; and
(B) make such payments as may be necessary to carry
out the duties of the OJI.
(f) Reports.--
(1) When to be made.--The Judicial Integrity Officer
shall--
(A) make an annual report to the Commission, the
Judicial Conference, the judicial council for each
circuit, and to Congress relating to the activities of
the OJI; and
(B) make prompt reports to the Commission, the
Judicial Conference, the judicial council of a circuit,
or Congress on matters that may require action by the
Judicial Conference, the judicial council of the
circuit, or Congress, respectively.
(2) Sensitive matter.--If a report contains sensitive
matter, the Judicial Integrity Officer may so indicate and the
Commission, Judicial Conference, judicial council of a circuit,
or Congress may receive that report in closed session.
SEC. 6. SPECIAL COUNSEL FOR EQUAL EMPLOYMENT OPPORTUNITY.
(a) Establishment.--There is established in the judicial branch of
the Federal Government the Office of Special Counsel for Equal
Employment Opportunity (in this section referred to as the ``Office'').
(b) Appointment and Term.--
(1) Appointment.--The head of the Office shall be the
Special Counsel for Equal Employment Opportunity (in this
section referred to as the ``Special Counsel''), who shall be
appointed by the Commission, after consultation with the
Judicial Conference of the United States and the Council of the
Inspectors General on Integrity and Efficiency.
(2) Term.--The Special Counsel shall serve for a single
term of 5 years.
(c) Qualifications.--The Special Counsel shall, by demonstrated
ability, background, training, or experience, be especially qualified
to carry out the functions of the position, and shall not be a current
or former officer or employee of the judicial branch of the Federal
Government.
(d) Removal.--The Special Counsel may be removed from office by a
majority vote of the Judicial Conference of the United States, with
each vote recorded and accompanied by a statement explaining the reason
for said vote, subject to the following:
(1) The removal of the Special Counsel may only be
initiated in the event of permanent incapacity, inefficiency,
neglect of duty, or malfeasance.
(2) The Judicial Conference shall communicate the reasons
for any such removal to both Houses of Congress and the
Commission within 14 days of said removal.
(e) Duties.--With respect to the judicial branch of the Federal
Government, the Office shall--
(1) conduct investigations of alleged workplace misconduct
in the judicial branch of the Federal Government and any
policies or procedures promulgated under this Act that may
require oversight or other action within the judicial branch of
the Federal Government or by Congress;
(2) conduct and supervise audits and investigations
regarding workplace misconduct and complaints;
(3) assist in the conduct of investigations pursuant to
section 353 of title 28, United States Code;
(4) conduct annual audits in accordance with section
4(f)(10); and
(5) conduct biennial workplace climate assessments in
accordance with section 4(f)(9) and subsection (f) of this
section.
(f) Workplace Culture Assessment of Employing Offices.--
(1) Requirement to conduct assessment.--Not later than 90
days after the appointment of the first Special Counsel under
this section, and every year thereafter, the Special Counsel
shall conduct an assessment of the workplace culture of
agencies and offices employing covered employees. Such
assessment shall be consistent with prevailing best practices
and shall include the following:
(A) Indicators of positive and negative trends for
maintaining a safe, respectful, diverse, and inclusive
workplace.
(B) The specific types of workplace misconduct that
have occurred, and the incidence of such misconduct.
(C) The effectiveness of the policies of the
judicial branch of the Federal Government designed to
prevent and remedy workplace misconduct.
(D) The effectiveness of the processes of the
judicial branch of the Federal Government for
complaints on and investigations into workplace
misconduct.
(E) Any other issues relating to workplace
misconduct as the Commission considers appropriate.
(F) A secure, confidential, and anonymous survey of
current and former employees who have departed after
the last such assessment.
(G) Focus groups and confidential individual
interviews of randomly selected current and former
employees.
(H) The first such assessment shall include a
survey of current covered employees and former covered
employees who were employed as a covered employee
during the 10-year period ending on the date of
enactment of this Act.
(2) Consultation with committees.--The Special Counsel
shall carry out this subsection in consultation with the
Committee on the Judiciary of the House of Representatives, the
Committee on Oversight and Reform of the House of
Representatives, and the Committee on the Judiciary of the
Senate.
(3) Public report.--An anonymized report on the results of
each assessment under this subsection shall be made publicly
available not later than 30 days after the completion of the
assessment.
(g) Report to Congress.--Upon the completion of any audit by the
Special Counsel, the Special Counsel shall submit to Congress a report
containing the results of the audit.
(h) Powers.--
(1) Powers.--In carrying out the duties of the Office, the
Special Counsel shall have the power to--
(A) make investigations, audits, and reports;
(B) obtain assistance from any agency of the
judicial branch of the Federal Government, including
the Judicial Conference of the United States, the
judicial council of each circuit, the Administrative
Office of the United States Courts, the Federal
Judicial Center, the United States Sentencing
Commission, and a defender organization described in
section 3006A(g) of title 18, United States Code;
(C) require, by subpoena or otherwise, the
attendance and testimony of such witnesses, and the
production of such books, records, correspondence,
memoranda, papers, and documents, which subpoena, in
the case of contumacy or refusal to obey, shall be
enforceable by civil action;
(D) administer to or take from any person an oath,
affirmation, or affidavit;
(E) employ such officers and employees as the
Special Counsel determines appropriate, subject to the
provisions of title 5, United States Code, governing
appointments in the competitive service, and the
provisions of chapter 51 and subchapter III of chapter
53 of such title relating to classification and General
Schedule pay rates;
(F) obtain services as authorized by section 3109
of title 5, United States Code, at daily rates not to
exceed the equivalent rate for a position at level IV
of the Executive Schedule under section 5315 of such
title; and
(G) to the extent and in such amounts as may be
provided in advance by appropriations Acts--
(i) enter into contracts and other
arrangements for audits, studies, analyses, and
other services with public agencies and with
private persons; and
(ii) make such payments as may be necessary
to carry out the duties of the Office.
(2) Limitation.--The Special Counsel shall not have the
authority to investigate or review any matter that is directly
related to the merits of a decision or procedural ruling by any
judge, justice, or court.
(i) Reports.--
(1) When to be made.--The Special Counsel shall--
(A) make an annual report to the Commission, the
Judicial Conference, the judicial council of each
circuit, and Congress relating to the activities of the
Office; and
(B) make prompt reports to the Commission, the
Judicial Conference, the judicial council of a circuit,
Congress, and the Department of Justice on matters that
may require action by the Commission, the Judicial
Conference, the judicial council of the circuit,
Congress, or the Department of Justice.
(2) Sensitive matter.--If a report contains sensitive
matter, the Special Counsel may so indicate and the Commission,
the Judicial Conference, the judicial council of a circuit, and
to Congress may receive that report in closed session.
SEC. 7. OFFICE OF EMPLOYEE ADVOCACY.
(a) Establishment.--There is established in the judicial branch of
the Federal Government the Office of Employee Advocacy (in this section
referred to as the ``OEA'').
(b) Director of Employee Advocacy.--
(1) Appointment.--The head of the OEA shall be the Director
of Employee Advocacy, who shall be appointed by the Commission,
after consultation with the Judicial Conference of the United
States, the Equal Employment Opportunity Commission, and the
United States Commission on Civil Rights.
(2) Term.--The Director shall serve for a single term of 5
years.
(3) Qualifications.--The Director shall, by demonstrated
ability, background, training, or experience, be especially
qualified to carry out the functions of the position.
(c) Functions.--
(1) Legal assistance, consultation, and representation.--
Subject to paragraph (5), the OEA shall carry out the following
functions:
(A) Receive complaints from any covered employee in
the judiciary branch of the Federal Government of
workplace misconduct.
(B) Provide confidential support and information,
including referrals to medical and mental health care.
(C) Provide legal assistance and consultation to
covered employees described in subparagraph (A) under
this Act and chapter 16 of title 28, United States
Code, regarding the procedures under this Act and such
chapter 16 and the procedures applicable to civil
actions arising under this Act and such chapter 16,
including--
(i) the roles and responsibilities of the
Commission, the Office of Judicial Integrity,
the Special Counsel for Equal Employment
Opportunity, the judicial councils of the
circuits, the Directors of Workplace Relations,
the employee dispute resolution coordinators
described in section 5(c)(1)(C), and similar
authorities;
(ii) any proceedings conducted under this
Act and chapter 16 of title 28, United States
Code;
(iii) the authority of the Special Counsel
for Equal Employment Opportunity to compel
cooperation and testimony under investigations
and proceedings conducted under this Act; and
(iv) the employee's rights and duties
relating to such proceedings.
(D) Provide legal assistance and representation--
(i) in personal civil legal matters related
to the initiation of or participation in
proceedings under this Act by a covered
employee in the judiciary branch of the Federal
Government; and
(ii) in any proceedings under chapter 16 of
title 28, United States Code, or this Act, or
before any other administrative or judicial
body related to the alleged violations of such
chapter 16 or this Act which are the subject of
the proceedings initiated by the covered
employee, or the proceedings in which the
covered employee participates.
(E) Operate a hotline through which covered
employees in the judiciary branch of the Federal
Government may contact the OEA.
(2) Authority to provide assistance in any jurisdiction.--
Notwithstanding any law regarding the licensure of attorneys,
an attorney who is employed by the OEA 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 OEA.
(3) Nature of relationship.--The relationship between the
OEA and an employee to whom the OEA provides legal assistance,
consultation, and representation under this section shall be
the relationship between an attorney and client.
(4) Prohibiting acceptance of award of attorney fees or
other costs.--The OEA may not accept any award of attorney fees
or other litigation expenses or costs under any hearing or
civil action brought under this Act.
(5) Prohibiting assistance in other matters or
proceedings.--The OEA may not provide any legal assistance,
consultation, or representation with respect to any matter or
proceeding which does not arise under this Act or chapter 16 of
title 28, United States Code.
SEC. 8. ACCOUNTABILITY FOR JUDICIAL MISCONDUCT.
(a) Establishing Discrimination and Retaliation as Judicial
Misconduct.--Section 358 of title 28, United States Code, is amended--
(1) by striking subsection (a) and inserting the following:
``(a) In General.--Each judicial council and the Judicial
Conference shall prescribe rules for the conduct of proceedings under
this chapter, including the processing of petitions for review that--
``(1) ensure the independence, integrity, impartiality, and
competence of proceedings under this chapter;
``(2) ensure the greatest possible public confidence in
proceedings under this chapter and maintain public confidence
in the Federal judiciary;
``(3) reflect that the judicial office is a position of
public trust; and
``(4) effectuate sections 453 and the provisions of the
Judiciary Accountability Act of 2021.'';
(2) in subsection (b)--
(A) in paragraph (2), by striking ``and'' at the
end;
(B) in paragraph (3)--
(i) by inserting ``(with the right to be
accompanied by counsel)'' after ``appear''; and
(ii) by striking the period at the end and
inserting ``; and''; and
(C) by adding the following at the end:
``(4) providing that workplace misconduct (as defined in
the Judiciary Accountability Act of 2021) constitutes a
violation of this chapter, including conduct prohibited under
sections 964 and 965 of this title.'';
(3) in subsection (c), in the first sentence--
(A) by striking ``notice and an opportunity'' and
inserting ``notice, and an opportunity''; and
(B) by striking the period at the end and inserting
``, and written explanation in the Federal Register.'';
and
(4) by adding at the end the following:
``(d) Transmission to Congress.--Not later than 180 days before the
date on which a rule prescribed under this section is to become
effective, the Chief Justice of the United States, or, if applicable,
the presiding officer of the judicial council, shall transmit to the
Congress a copy of the proposed rule. The rule shall take effect unless
otherwise provided by law.''.
(b) Filing and Identifying Complaints.--Section 351 of title 28,
United States Code, is amended--
(1) in subsection (b), by adding at the end the following:
``For purposes of this chapter, a complaint identified under
this subsection shall be treated in the same manner as a
complaint filed under subsection (a).'';
(2) by redesignating subsection (d) as subsection (f); and
(3) by inserting after subsection (c) the following:
``(d) Identifying Complaint by Judicial Conference.--In the
interests of the effective and expeditious administration of the
business of the courts and on the basis of information available to the
Judicial Conference, the Judicial Conference may, by written order
stating reasons therefor, identify a complaint for purposes of this
chapter and thereby dispense with filing of a written complaint. Upon
identifying a complaint under this paragraph, the Judicial Conference
shall refer the complaint in accordance with the transmittal procedures
described in subsection (c).
``(e) Special Rule for Employees Filing Complaints.--
``(1) In general.--A complaint described in subsection (a)
made by a current or former covered employee (as such term is
defined in the Judiciary Accountability Act of 2021) may be
filed with the Judicial Conference.
``(2) Transmittal by judicial conference.--Upon receipt of
a complaint filed under this subsection, the Judicial
Conference shall transmit the complaint in accordance with
subsection (c).''.
(c) Expanded Definition of Judge.--Subsection (f)(1) of section 351
of title 28, United States Code, as so redesignated by subsection (b)
of this section, is amended by striking ``a circuit judge'' and all
that follows and inserting ``a judge described in chapter 17 of this
title or an individual who was such a judge during the conduct
described in the complaint.''.
(d) Effect of Resignation or Retirement of Judge.--Chapter 16 of
title 28, United States Code, is amended--
(1) in section 352, by adding at the end the following:
``(e) Effect of Vacancy of Office.--The resignation, retirement
from office under chapter 17, or death of a judge who is the subject of
a complaint under section 351 shall not be grounds for--
``(1) the dismissal of the complaint under subsection
(b)(1); or
``(2) the conclusion that the complaint is no longer
necessary under subsection (b)(2).''; and
(2) in section 353, by adding at the end the following:
``(d) Effect of Vacancy of Office.--The special committee shall
complete its investigation and file a report under subsection (c)
without regard for the resignation, retirement from office under
chapter 17, or death of the judge whose conduct is the subject of the
complaint.''.
(e) Expanding Authority of Judicial Council.--Section 354(a)(2)(A)
of title 28, United States Code, is amended--
(1) in clause (i)--
(A) by inserting ``or subject to the completion of
any corrective measures recommended by the judicial
council'' after ``on a temporary basis for a time
certain''; and
(B) by inserting ``, or that any current cases
assigned to the judge be reassigned'' before the
semicolon at the end;
(2) in clause (ii), by striking ``and'' at the end;
(3) in clause (iii), by striking the period at the end and
inserting ``; and''; and
(4) by adding at the end the following:
``(iv) in the case of a complaint based on
workplace misconduct, ordering such action as
the judicial council determines appropriate to
protect employees from the workplace
misconduct.''.
(f) Fair and Impartial Investigations and Determinations by Special
Committee and Judicial Council.--Chapter 16 of title 28, United States
Code, is amended--
(1) in section 353(a), by striking paragraph (1) and
inserting the following:
``(1) appoint to a special committee to investigate the
facts and allegations contained in the complaint--
``(A) himself or herself; and
``(B) selected at random--
``(i) equal numbers of circuit judges and
district judges from other circuits; and
``(ii) members of the Commission on
Judicial Integrity;''; and
(2) in section 354, by adding at the end the following:
``(c) Disqualification and Additional Members.--For purposes of
this section, the judicial council of a circuit--
``(1) shall not include any member of the special committee
described in section 353; and
``(2) shall include at least 1 randomly selected member of
the Commission on Judicial Integrity.''.
(g) Judicial Conference To Report Violations to Congress.--Section
355 of title 28, United States Code, is amended by adding at the end
the following:
``(c) Violations Reported to Congress.--If the Judicial Conference
concurs in the determination of the judicial council, or makes its own
determination, that taking an action as described in paragraph (1)(C)
and (2) of section 354(a) is appropriate, the Judicial Conference shall
submit the determination and the record of the proceedings to
Congress.''.
(h) Disclosure of Information.--Section 360 of title 28, United
States Code, is amended--
(1) in subsection (a), in the matter preceding paragraph
(1), by inserting ``and subsections (c) and (d) of this
section'' after ``section 355''; and
(2) by adding at the end the following:
``(c) Reports.--
``(1) Report to judicial conference.--
``(A) Notice of complaints filed.--Not later than
30 days after a complaint is filed by an employee or
former employee or identified under section 351, the
clerk of a court of appeals shall notify the Judicial
Conference of such complaint.
``(B) Report of special committee.--Each special
committee appointed under section 353 shall submit the
report filed with the judicial council of the circuit
under subsection (c) of that section to the Judicial
Conference.
``(C) Redaction of personally identifying
information.--To the extent practicable, a notification
and report under this paragraph shall not include any
personally identifying information except for the
identity of the judge whose conduct is the subject of
the complaint. The identity of the judge may be
redacted only with the consent of the complainant.
``(2) Report to congress.--
``(A) In general.--On a biannual basis, the
Judicial Conference shall submit to Congress a report,
signed by every member of the Executive Committee, that
includes, with respect to complaints under this chapter
for each judicial circuit during the previous 180-day
period, the following information:
``(i) The number, type, and disposition of
such complaints.
``(ii) A description of actions taken under
paragraph (1)(C) and (2) of section 354(a).
``(iii) A description of voluntary remedial
or corrective actions taken by judges subject
to such complaints.
``(iv) Recommendations for policies,
practices, and procedures related to such
complaints.
``(B) Redaction of personally identifying
information.--Reports submitted under this paragraph
may not contain the personally identifying information
of a complainant or judge.
``(d) Disclosure by Complainant Permitted.--Nothing in this chapter
shall be construed to prevent a complainant or victim of judicial
misconduct from disclosing any information related to the complaint.''.
(i) Expenses for Complainants and Third Parties.--Section 361 of
title 28, United States Code, is amended--
(1) by striking ``Upon the request'' and inserting the
following:
``(a) In General.--Upon the request''; and
(2) by adding at the end the following:
``(b) Reimbursement.--Upon the request of a complainant, the
judicial council of a circuit may, if the complaint was not finally
dismissed under section 354(a)(1)(B), recommend that the Director of
the Administrative Office of the United States Courts award
reimbursement, from funds appropriated to the Federal judiciary, for
those reasonable expenses, including attorneys' fees, incurred by that
complainant during the investigation which would not have been incurred
but for the requirements of this chapter.''.
SEC. 9. RULE OF CONSTRUCTION.
Nothing in this Act or the amendments made by this Act may be
construed--
(1) to abolish, diminish, or infringe upon any right or
remedy provided by the Constitution of the United States or any
other law;
(2) to relieve any person or Government agency from
liability under the Constitution of the United States or any
other law; or
(3) to relieve any Government agency or official of their
responsibility to assure nondiscrimination in employment.
SEC. 10. DEFINITIONS.
In this Act:
(1) Commission.--The term ``Commission'' means the Federal
Government Commission on Judicial Integrity established under
section 4(a).
(2) Covered employee.--The term ``covered employee''
means--
(A) any full-time or part-time employee (including
an officer, a former employee, and an applicant for
prospective employment) of a court of the United
States, an office or agency described in chapter 15 or
part III of title 28, United States Code, or a defender
organization described in section 3006A(g) of title 18,
United States Code; and
(B) any individual who carries or carried out an
official duty of a court of the United States, an
office or agency described in chapter 15 or part III of
title 28, United States Code, or a defender
organization described in section 3006A(g) of title 18,
United States Code, but who is not paid by such court
for carrying out such duties, including an intern.
(3) Disability.--The term ``disability'' means a
disability, within the meaning of section 501 of the
Rehabilitation Act of 1973 (29 U.S.C. 791) and sections 102
through 104 of the Americans with Disabilities Act of 1990 (42
U.S.C. 12112-12114).
(4) Workplace misconduct.--The term ``workplace
misconduct'' means misconduct impacting the workplace and
employment, including discrimination, harassment, retaliation,
sexual assault, bullying, and conduct prohibited under sections
964 and 965 of title 28, United States Code.
SEC. 11. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated such funds as are
necessary to carry out this Act and the amendments made by this Act.
<all>