[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 9674 Introduced in House (IH)]
<DOC>
118th CONGRESS
2d Session
H. R. 9674
To make certain antidiscrimination laws applicable to the judicial
branch of the Federal Government, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
September 19, 2024
Mr. Johnson of Georgia (for himself, Mr. Nadler, Mrs. Torres of
California, Ms. Dean of Pennsylvania, Mrs. Watson Coleman, Ms. Tlaib,
and Mr. Schiff) introduced the following bill; which was referred to
the Committee on the Judiciary, and in addition to the Committees on
Oversight and Accountability, Ways and Means, and Veterans' Affairs,
for a period to be subsequently determined by the Speaker, in each case
for consideration of such provisions as fall within the jurisdiction of
the committee concerned
_______________________________________________________________________
A BILL
To make certain antidiscrimination laws applicable to the judicial
branch of the Federal Government, 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; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Judiciary
Accountability Act of 2024''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
TITLE I--GENERAL
Sec. 101. Definitions.
Sec. 102. Application of laws.
TITLE II--EXTENSION OF RIGHTS AND PROTECTIONS
Subtitle A--Employment Discrimination, Employment and Reemployment of
Veterans, Intimidation, and Reprisal
Sec. 201. Rights and protections under title VII of the Civil Rights
Act of 1964, the Age Discrimination in
Employment Act of 1967, the Rehabilitation
Act of 1973, title I of the Americans with
Disabilities Act of 1990, and title II of
the Genetic Information Nondiscrimination
Act of 2008.
Sec. 202. Rights and protections relating to veterans' employment and
reemployment.
Sec. 203. Prohibition of intimidation or reprisal.
Sec. 204. Remedies and limitations.
Subtitle B--Reporting and Notices
Sec. 211. Annual reports.
Sec. 212. Notices.
TITLE III--OFFICE OF JUDICIAL INTEGRITY
Sec. 301. Establishment of the Office of Judicial Integrity.
Sec. 302. Officers, staff, and other personnel.
Sec. 303. Procedural rules.
Sec. 304. Substantive regulations.
Sec. 305. Expenses.
TITLE IV--ADMINISTRATIVE AND JUDICIAL DISPUTE-RESOLUTION PROCEDURES
Sec. 401. Procedure for consideration of alleged violations.
Sec. 402. Initiation of proceedings.
Sec. 403. Preliminary review of claims.
Sec. 404. Mediation.
Sec. 405. Hearing.
Sec. 406. Appeal to the Board.
Sec. 407. Judicial review of board decisions and enforcement.
Sec. 408. Civil action.
Sec. 409. Judicial review of regulations.
Sec. 410. Other judicial review prohibited.
Sec. 411. Effect of failure to issue regulations.
Sec. 412. Expedited review of certain appeals.
Sec. 413. Sovereign immunity and judicial independence.
Sec. 414. Settlement.
Sec. 415. Payments.
Sec. 416. Confidentiality and referrals.
TITLE V--EMPLOYEE ADVOCACY
Sec. 501. Office of Employee Advocacy.
Sec. 502. Anonymous reporting.
TITLE VI--MISCELLANEOUS PROVISIONS
Sec. 601. Improvements to judicial conduct and disability complaints
process.
Sec. 602. District of Columbia courts.
Sec. 603. United States Tax Court.
Sec. 604. Court of Appeals for Veterans Claims.
Sec. 605. District Court of Guam.
Sec. 606. District Court for the Northern Mariana Islands.
Sec. 607. District Court of the Virgin Islands.
Sec. 608. Supreme Court of the United States.
Sec. 609. Transition provisions.
Sec. 610. Severability.
TITLE I--GENERAL
SEC. 101. DEFINITIONS.
Except as otherwise specifically provided in this Act, as used in
this Act:
(1) Board.--The term ``Board'' means the Board of Directors
of the Office of Judicial Integrity.
(2) Chair.--The term ``Chair'' means the Chair of the Board
of Directors of the Office of Judicial Integrity.
(3) Covered employee.--The term ``covered employee'' means
any employee of an employing unit.
(4) Employee.--The term ``employee'' includes an officer,
an applicant for employment, and a former employee.
(5) Employing unit.--
(A) In general.--The term ``employing unit''
means--
(i)(I) a court of appeals of the United
States, for individuals employed directly by
the court, including covered individuals;
(II) a district court of the United States,
for individuals employed directly by the court,
including covered individuals;
(III) a bankruptcy court, for individuals
employed directly by the court, including
covered individuals;
(IV) the United States Court of Federal
Claims, for individuals employed directly by
the court, including covered individuals; and
(V) the United States Court of
International Trade, for individuals employed
directly by the court, including covered
individuals;
(ii) a judicial council of a court of
appeals, for individuals employed directly by
the council, including covered individuals;
(iii) the office of a judge of a court
described in clause (i), for individuals
appointed by the judge;
(iv) the office of a United States
magistrate judge, for individuals appointed by
the judge;
(v) the office of a bankruptcy judge, for
individuals appointed by the judge;
(vi) the office of a person who is a
circuit executive, clerk, librarian, crier, or
staff attorney of a court of appeals, for
individuals appointed by that person;
(vii) the office of the senior technical
assistant of the Court of Appeals for the
Federal Circuit, for individuals appointed by
the senior technical assistant;
(viii) the office of the clerk of a
district court of the United States, a
bankruptcy court, or the United States Court of
Federal Claims, for individuals appointed by
the clerk;
(ix) the office of a district court
executive, for individuals appointed by the
executive;
(x) the Judicial Conference of the United
States, the Administrative Office of the United
States Courts, the Federal Judicial Center, and
the United States Sentencing Commission; and
(xi) a Federal Public Defender Organization
described in section 3006A(g)(2)(A) of title
18, United States Code.
(B) Covered individual.--In subparagraph (A), the
term ``covered individual'' includes a circuit
executive, a clerk of court, a court reporter, a
probation officer, a pretrial services officer, a
librarian, a crier, a messenger, a bailiff, a staff
attorney, a preargument attorney, a bankruptcy
administrator, and (with respect to the United States
Court of Appeals for the Federal Circuit) the senior
technical assistant of that court.
(6) General counsel.--The term ``General Counsel'' means
the General Counsel of the Office of Judicial Integrity.
(7) Judge.--The term ``judge'' has the meaning given the
term in section 351 of title 28, United States Code.
(8) Judicial branch agency.--The term ``judicial branch
agency''--
(A) means an entity established in the judicial
branch of the Federal Government that is not an
employing unit described in clauses (i) through (ix),
or clause (xi), of paragraph (5)(A); and
(B) includes the Judicial Conference of the United
States, the Administrative Office of the United States
Courts, the Federal Judicial Center, and the United
States Sentencing Commission.
(9) Judicial council.--The term ``judicial council'' means
a judicial council of a circuit described in section 332 of
title 28, United States Code.
(10) OEA.--The term ``OEA'' means the Office of Employee
Advocacy.
(11) Office.--The term ``Office'' means the Office of
Judicial Integrity.
(12) Other abusive conduct.--The term ``other abusive
conduct''--
(A) means a pattern of demonstrably egregious and
hostile conduct not covered by subtitle A of title II
that--
(i) unreasonably interferes with a covered
employee's work;
(ii) creates an abusive working
environment; and
(iii) is threatening, oppressive, or
intimidating; and
(B) does not include communications and actions
that are reasonably related to--
(i) performance management, including
instruction, corrective criticism, and
evaluation;
(ii) performance improvement plans;
(iii) duty assignments and changes to duty
assignments;
(iv) office organization; or
(v) progressive discipline.
(13) Workplace misconduct.--The term ``workplace
misconduct''--
(A) means misconduct against a covered employee
that impacts or is related to the covered employee's
workplace or employment; and
(B) includes conduct prohibited under subtitle A of
title II, other abusive conduct, and other misconduct
the Board defines by rulemaking pursuant to section
304.
SEC. 102. APPLICATION OF LAWS.
The following laws shall apply, as prescribed by this Act and
notwithstanding any other provision of Federal law, to the judicial
branch of the Federal Government:
(1) Title VII of the Civil Rights Act of 1964 (42 U.S.C.
2000e et seq.).
(2) The Americans with Disabilities Act of 1990 (42 U.S.C.
12101 et seq.).
(3) The Age Discrimination in Employment Act of 1967 (29
U.S.C. 621 et seq.).
(4) The Rehabilitation Act of 1973 (29 U.S.C. 701 et seq.).
(5) Title II of the Genetic Information Nondiscrimination
Act of 2008 (42 U.S.C. 2000ff et seq.).
(6) Chapter 43 (relating to veterans' employment and
reemployment) of title 38, United States Code.
TITLE II--EXTENSION OF RIGHTS AND PROTECTIONS
Subtitle A--Employment Discrimination, Employment and Reemployment of
Veterans, Intimidation, and Reprisal
SEC. 201. RIGHTS AND PROTECTIONS UNDER TITLE VII OF THE CIVIL RIGHTS
ACT OF 1964, THE AGE DISCRIMINATION IN EMPLOYMENT ACT OF
1967, THE REHABILITATION ACT OF 1973, TITLE I OF THE
AMERICANS WITH DISABILITIES ACT OF 1990, AND TITLE II OF
THE GENETIC INFORMATION NONDISCRIMINATION ACT OF 2008.
(a) Discriminatory Practices Prohibited.--All personnel actions
affecting covered employees shall be made free from any discrimination
or an unlawful practice based on--
(1) race, color, religion, sex, 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);
(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); or
(4) genetic information, within the meaning of section 202
of the Genetic Information Nondiscrimination Act of 2008 (42
U.S.C. 2000ff-1).
(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 unit, 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 unit, 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)).
(4) Genetic information.--The remedy for a violation of
subsection (a)(4) shall be the remedy specified in section
207(g) of the Genetic Information Nondiscrimination Act of 2008
(42 U.S.C. 2000ff-6(g)).
(c) Conforming Amendments.--
(1) Genetic information nondiscrimination act of 2008.--
(A) Definitions.--Section 201(2) of the Genetic
Information Nondiscrimination Act of 2008 (42 U.S.C.
2000ff(2)) is amended--
(i) in subparagraph (A)--
(I) by striking ``or'' at the end
of clause (iv);
(II) by striking the period at the
end of clause (v) and inserting ``;
or''; and
(III) by adding after clause (v)
the following:
``(vi) a covered employee (including an
applicant and a former employee), as defined in
section 101 of the Judiciary Accountability Act
of 2024.''; and
(ii) in subparagraph (B)--
(I) by striking ``or'' at the end
of clause (iv);
(II) by striking the period at the
end of clause (v) and inserting ``;
or''; and
(III) by adding after clause (v)
the following:
``(vi) an employing unit, as defined in
section 101 of the Judiciary Accountability Act
of 2024.''.
(B) Remedies and enforcement.--Section 207 of such
Act (42 U.S.C. 2000ff-6) is amended--
(i) by redesignating subsection (g) as
subsection (h); and
(ii) by inserting after subsection (f) the
following:
``(g) Employees Covered by Judiciary Accountability Act of 2024.--
``(1) In general.--The powers, remedies, and procedures
provided in the Judiciary Accountability Act of 2024 to the
Board (as defined in section 101 of that Act), or any person,
alleging a violation of section 201(a)(1) of that Act shall be
the powers, remedies, and procedures this title provides to
that Board, or any person, respectively, alleging an unlawful
employment practice in violation of this title against an
employee described in section 201(2)(A)(vi), except as provided
in paragraphs (2) and (3).
``(2) Costs and fees.--The powers, remedies, and procedures
provided in subsections (b) and (c) of section 722 of the
Revised Statutes (42 U.S.C. 1988) shall be powers, remedies,
and procedures this title provides to that Board, or any
person, respectively, alleging such a practice.
``(3) Damages.--The powers, remedies, and procedures
provided in section 1977A of the Revised Statutes (42 U.S.C.
1981a), including, irrespective of the size of the employing
unit, in subsection (b)(3)(D) of such section 1977A, shall be
powers, remedies, and procedures this title provides to that
Board, or any person, respectively, alleging such a practice
(not an employment practice specifically excluded from coverage
under section 1977A(a)(1) of the Revised Statutes (42 U.S.C.
1981a(a)(1)).
``(4) Other applicable provisions.--With respect to a claim
alleging a practice described in paragraph (1), titles III and
IV of the Judiciary Accountability Act of 2024 shall apply in
the same manner as such titles apply with respect to a claim
alleging a violation of section 201(a)(1) of such Act.''.
(d) Application to Unpaid Staff.--
(1) In general.--Subsections (a) and (b) shall apply with
respect to--
(A) any staff member of an employing unit who
carries out official duties of the employing unit but
who is not paid by the employing unit for carrying out
such duties (referred to in this subsection as an
``unpaid staff member''), including an intern, an
individual detailed to an employing unit from
elsewhere, and an individual participating in a
fellowship program or clerkship, in the same manner and
to the same extent as such subsections apply with
respect to a covered employee; and
(B) a former unpaid staff member, if the act that
may be a violation of subsection (a) occurred during
the service of the former unpaid staff member in the
employing unit.
(2) Rule of construction.--Nothing in paragraph (1) may be
construed to extend liability for a violation of subsection (a)
to an employing unit on the basis of an action taken by any
person who is not under the supervision or control of the
employing unit.
(3) Intern defined.--For purposes of this subsection, the
term ``intern'' means an individual who performs service for an
employing unit which is uncompensated by the United States to
earn credit awarded by an educational institution or to learn a
trade or occupation.
(e) Effective Date.--This section shall take effect 1 year after
the date of enactment of this Act.
SEC. 202. RIGHTS AND PROTECTIONS RELATING TO VETERANS' EMPLOYMENT AND
REEMPLOYMENT.
(a) Employment and Reemployment Rights of Members of the Uniformed
Services.--
(1) In general.--It shall be unlawful for an employing unit
to--
(A) discriminate within the meaning of subsections
(a) and (b) of section 4311 of title 38, United States
Code, against an eligible employee;
(B) deny to an eligible employee reemployment
rights within the meaning of sections 4312 and 4313 of
title 38, United States Code; or
(C) deny to an eligible employee benefits within
the meaning of sections 4316, 4317, and 4318 of title
38, United States Code.
(2) Eligible employee.--For purposes of this section, the
term ``eligible employee'' means a covered employee performing
service in the uniformed services, within the meaning of
section 4303(13) of title 38, United States Code, whose service
has not been terminated upon occurrence of any of the events
enumerated in section 4304 of title 38, United States Code.
(b) Remedy.--The remedy for a violation of subsection (a) shall be
such remedy as would be appropriate if awarded under section 4323(d) of
title 38, United States Code.
(c) Regulations To Implement Section.--
(1) In general.--The Board shall, pursuant to section 304,
issue regulations to implement this section.
(2) Agency regulations.--The regulations issued under
paragraph (1) shall be the same as substantive regulations
promulgated by the Secretary of Labor to implement the
statutory provisions referred to in subsection (a) except to
the extent that the Board may determine, for good cause shown
and stated together with the regulation, that a modification of
such regulations would be more effective for the implementation
of the rights and protections under this section.
(d) Effective Date.--Subsections (a) and (b) shall be effective 1
year after the date of enactment of this Act.
SEC. 203. PROHIBITION OF INTIMIDATION OR REPRISAL.
(a) In General.--It shall be unlawful for an employing unit to
intimidate, take reprisal against, or otherwise discriminate against,
any covered employee--
(1) because the covered employee has opposed any practice
made unlawful by this Act; or
(2) because the covered employee has--
(A) initiated proceedings;
(B) made a charge, complaint, or claim; or
(C) testified, assisted, or participated in any
manner in a hearing or other proceeding,
under this Act or under chapter 16 of title 28, United States
Code.
(b) Remedy.--The remedy available for a violation of subsection (a)
shall be such legal or equitable remedy as may be appropriate to
redress a violation of subsection (a).
(c) Burden of Proof.--In any proceeding involving an alleged
violation of this section, the burden of proof shall be determined in
accordance with section 1221(e) of title 5, United States Code, in
addition to any other applicable provision.
(d) Venue.--Notwithstanding section 408(b), in addition to the
venue specified by section 1391 of title 28, United States Code, venue
for a civil action for a claim arising under this section shall lie in
the United States District Court for the District of Columbia and in
any judicial district located within 100 miles of any border of the
judicial district in which the covered employee is, applies to be, or
was, employed by an employing unit.
(e) Effective Date.--Subsections (a) through (d) shall be effective
1 year after the date of enactment of this Act.
SEC. 204. REMEDIES AND LIMITATIONS.
(a) Attorney's Fees.--If a covered employee, with respect to any
claim under this Act, is a prevailing party in any proceeding under
section 405, 406, 407, or 408, the Merits Hearing Officer, Board, or
court, as the case may be, may award attorney's fees, expert fees, and
any other costs as would be appropriate if awarded under section 706(k)
of the Civil Rights Act of 1964 (42 U.S.C. 2000e-5(k)).
(b) Interest.--In any proceeding under section 405, 406, 407, or
408, the same interest to compensate for delay in payment shall be made
available as would be appropriate if awarded under section 717(d) of
the Civil Rights Act of 1964 (42 U.S.C. 2000e-16(d)).
(c) Civil Penalties and Punitive Damages.--No civil penalty or
punitive damages may be awarded with respect to any claim under this
Act.
(d) Exclusive Procedure.--
(1) In general.--Except as provided in paragraph (2), no
person may commence an administrative or judicial proceeding to
seek a remedy for a violation of the rights and protections
afforded by this Act except as provided in this Act or the
rules and regulations promulgated under this Act.
(2) Veterans.--A covered employee alleging a violation of
section 202 may also utilize any provisions of chapter 43 of
title 38, United States Code, that are applicable to that
employee.
(e) Construction.--
(1) Definitions and exemptions.--Except if inconsistent
with definitions and exemptions provided in this Act, the
definitions and exemptions in the laws made applicable to
covered employees by this Act shall apply to claims by covered
employees, and defense to claims by covered employees, under
this Act.
(2) Size limitations.--Notwithstanding paragraph (1),
provisions in the laws made applicable to covered employees
under this Act determining coverage based on size, whether
expressed in terms of number of employees, amount of business
transacted, or another measure, shall not apply in determining
coverage under this Act.
(3) Executive branch enforcement.--This Act shall not be
construed to authorize enforcement of this Act by the executive
branch.
Subtitle B--Reporting and Notices
SEC. 211. ANNUAL REPORTS.
(a) Annual Reports on Awards and Settlements.--
(1) In general.--
(A) Requirement.--The Office shall prepare and
submit to the Committee on the Judiciary of the Senate
and the Committee on the Judiciary of the House of
Representatives, and publish on the public website of
the Office, an annual report regarding payments from
the account described in section 415(a) that were the
result of claims alleging a violation of subtitle A
(referred to in this subsection as ``covered
payments'').
(B) Reporting.--The reporting required under this
paragraph shall--
(i) include the amount of such a covered
payment and information on the employing unit
involved; and
(ii) identify each provision of subtitle A
that was the subject of a claim resulting in
the covered payment.
(C) Reporting periods and dates.--The report
required under this paragraph shall be submitted by
January 31 of each year and shall reflect covered
payments made in the previous calendar year.
(2) Protection of identity of individuals receiving awards
and settlements.--In preparing, submitting, and publishing the
reports required under paragraph (1), the Office shall ensure
that the identity or position of any claimant is not disclosed.
(3) Authority to protect the identity of a claimant.--
(A) In general.--In carrying out paragraph (2), the
Judicial Integrity Officer, in consultation with the
Board, may make an appropriate redaction to the data
included in the report described in paragraph (1) if
the Judicial Integrity Officer, in consultation with
the Board, determines that including the data
considered for redaction may lead to the identity or
position of a claimant unintentionally being disclosed.
The report shall note each redaction and include a
statement that the redaction was made solely for the
purpose of avoiding such an unintentional disclosure of
the identity or position of a claimant.
(B) Recordkeeping.--The Judicial Integrity Officer
shall retain a copy of the report described in
paragraph (1), without redactions.
(4) Definition.--In this subsection, the term ``claimant''
means an individual who received an award or settlement,
related to a violation of subtitle A, or who made an allegation
of a violation of subtitle A against an employing unit.
(b) Annual Reports of Statistical Matter.--On an annual basis, the
Office shall submit to the Committee on the Judiciary of the Senate and
the Committee on the Judiciary of the House of Representatives a report
that includes, for the previous year, data collected pursuant to
section 301(h)(5) for each employing unit, to the extent the data
reasonably can be anonymized, as well as analyses of trends comparing
such data for the previous year to such data for years before the
previous year.
SEC. 212. NOTICES.
(a) In General.--Every employing unit shall post and keep posted
(in a conspicuous place upon its premises where notices to covered
employees are customarily posted) a notice provided by the Office
that--
(1) describes the rights, protections, and procedures
applicable to covered employees of the employing unit under
this Act, concerning violations described in subsection (b);
and
(2) includes contact information for the Office.
(b) Violations.--A violation described in this subsection is--
(1) discrimination or an unlawful practice prohibited by
section 201(a) or 202(a); and
(2) a violation of section 203 that is related to
discrimination or an unlawful practice described in paragraph
(1).
TITLE III--OFFICE OF JUDICIAL INTEGRITY
SEC. 301. ESTABLISHMENT OF THE OFFICE OF JUDICIAL INTEGRITY.
(a) Establishment.--There is established, as an independent office
within the judicial branch of the Federal Government, the Office of
Judicial Integrity.
(b) Board of Directors.--The Office shall have a Board of
Directors. The Board shall consist of 5 individuals appointed by the
Chief Justice of the United States from a list of names submitted by
the Judicial Conference of the United States. Appointments of the first
5 members of the Board shall be completed not later than 90 days after
the date of enactment of this Act.
(c) Chair.--The Chair shall be appointed from members of the Board
by the Chief Justice of the United States.
(d) Board of Directors Qualifications.--
(1) Specific qualifications.--Selection and appointment of
members of the Board shall be solely on the basis of fitness to
perform the duties of the office. The Board shall include some
members who, collectively have training or experience in--
(A) enforcing or investigating 1 or more laws
specified in section 102, including at least 1 member
with experience representing employees who allege a
violation of such a law;
(B) judicial ethics; and
(C) providing licensed counseling and other support
services for victims of harassment, sexual assault,
discrimination, or retaliation.
(2) Disqualifications for appointments.--
(A) Incompatible representation.--No individual who
currently represents a party (including the United
States) in any suit alleging discrimination,
harassment, sexual assault, or retaliation against an
officer or employee of the judicial branch shall be
eligible for appointment to, or service on, the Board.
(B) Incompatible office.--No member of the Board--
(i) may hold or may have held the position
of justice of the Supreme Court of the United
States, judge of a district court of the United
States, judge of a court of appeals of the
United States, judge of the United States Court
of Federal Claims, United States magistrate
judge, bankruptcy judge, or director or deputy
director of the Administrative Office of the
United States Courts; or
(ii) may hold the position of officer or
employee of a court, judicial branch agency, or
any other office or instrumentality of the
judicial branch of the Federal Government
(other than the Office) or have held such a
position within 4 years before the date of
appointment as a member of the Board.
(3) Vacancies.--A vacancy on the Board shall be filled in
the manner in which the original appointment was made.
(e) Term of Office.--
(1) In general.--Except as provided in paragraphs (2) and
(3), membership on the Board shall be for 5 years. A member of
the Board may be reappointed, but no individual may serve as a
member for more than 2 terms.
(2) First appointments.--Of the members first appointed to
the Board--
(A) 1 shall have a term of office of 3 years;
(B) 2 shall have a term of office of 4 years; and
(C) 2 shall have a term of office of 5 years, 1 of
whom shall be the Chair,
as designated at the time of appointment by the Chief Justice
of the United States.
(3) Appointments to partial terms.--A member appointed to
fill a vacancy for an unexpired term shall be appointed for the
remainder of the term. Notwithstanding paragraph (1), a member
appointed to fill a vacancy with less than 2 years remaining in
the term may be appointed to 2 further full terms.
(4) Service until successor appointed.--A member whose term
has expired may continue to serve until the date on which a
successor has taken office.
(f) Removal.--
(1) Authority.--Any member of the Board may be removed from
office by the Chief Justice of the United States, but only
for--
(A) disability that substantially prevents the
member from carrying out the duties of the member;
(B) incompetence;
(C) neglect of duty;
(D) malfeasance, including a felony or conduct
involving moral turpitude; or
(E) holding an office or employment or engaging in
an activity that disqualifies the individual from
service as a member of the Board under subsection
(d)(2).
(2) Statement of reasons for removal.--In removing a member
of the Board, the Chief Justice of the United States shall
state in writing to the member of the Board being removed, the
Judicial Conference of the United States, and the Committee on
the Judiciary of the Senate and the Committee on the Judiciary
of the House of Representatives the specific reasons for the
removal.
(g) Compensation.--
(1) Per diem.--Each member of the Board shall be
compensated at a rate equal to the daily equivalent of the
annual rate of basic pay prescribed for level IV of the
Executive Schedule under section 5315 of title 5, United States
Code, for each day (including travel time) during which such
member is engaged in the performance of the duties of the
Board. 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 Board duties.
(2) Travel expenses.--Each member of the Board 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.
(h) Workplace Misconduct Prevention Program.--The Board shall
oversee and the Office shall execute a workplace misconduct prevention
program that is consistent with prevailing best practices, by--
(1) ensuring that every covered employee in the judicial
branch of the Federal Government is covered by a comprehensive
workplace misconduct policy and proposing revisions to
workplace misconduct related portions of the rules and codes
described in subsection (i)(4) and the creation and revision of
additional workplace misconduct policies under subsection
(i)(4);
(2) creating a nationwide confidential reporting system,
relating to workplace misconduct, that is readily accessible to
prospective, current, and former employees of the judicial
branch of the Federal Government;
(3) providing for a comprehensive training program on
workplace misconduct and bystander intervention, which may be
conducted in coordination with the Federal Judicial Center;
(4) proposing standards for the imposition of prompt,
consistent, and proportionate disciplinary and corrective
action when workplace misconduct is determined to have occurred
in an employing unit;
(5) providing for the voluntary collection of information
from all applicants for employment with each employing unit of
data outlined in Statistical Policy Directive No. 15, issued by
the Office of Management and Budget on October 30, 1997, or a
successor standard, pursuant to section 717 of the Civil Rights
Act of 1964 (42 U.S.C. 2000e-16), which information shall be
maintained anonymously and separate from the records of an
applicant's application for employment and may not be
considered in evaluating the applicant for employment;
(6) collaborating with each judicial council and judicial
branch agency to compile the annual reports described in
section 211(b);
(7) conducting and making publicly available the results of
biennial workplace climate assessments that include surveys of
current and former covered employees and anonymous digests of
interviews of and focus groups conducted with randomly selected
covered employees;
(8) conducting annual audits of the efficacy of the
workplace misconduct prevention program; and
(9) ensuring that the elements of the workplace misconduct
prevention program are easy to understand, are easy to access
and use, and are regularly communicated to all covered
employees.
(i) Additional Board Duties.--The Board shall also--
(1) supervise the Judicial Integrity Officer appointed
under section 302(a);
(2) provide a list of qualified candidates for the position
of Director of the OEA to the Chief Justice of the United
States in accordance with section 501(b);
(3) maintain policies, practices, procedures, and codes of
conduct that--
(A) preserve the integrity of the Board and the
offices and programs established under this Act;
(B) maintain the confidence of covered employees in
the Board 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;
(4) not less often than every 4 years, recommend to the
Judicial Conference of the United States, after notice and
opportunity for comment, revisions to workplace misconduct
related portions of the Rules for Judicial-Conduct and
Judicial-Disability Proceedings, the Code of Conduct for
Judicial Employees, the Code of Conduct for Federal Public
Defender Employees, the Code of Conduct for United States
Judges, and the creation and revision of such additional (in
addition to such rules and codes) workplace misconduct policies
as may be necessary to fulfill its obligations under subsection
(h)(1);
(5) ensure that the Judicial Conference, Congress, and the
public are kept informed of--
(A) the work of the Board;
(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 Board; and
(6) establish general policies and promulgate such rules
and regulations for the Board as are necessary to carry out the
objectives of this Act, consistent with the requirements of
sections 303 and 304.
(j) Judiciary Oversight.--The Board and Office shall be subject to
oversight (except with respect to the disposition of individual cases)
by the Judicial Conference of the United States.
(k) Congressional Oversight.--The Board and Office shall be subject
to oversight (except with respect to the disposition of individual
cases) by the Committee on the Judiciary of the Senate and the
Committee on the Judiciary of the House of Representatives.
(l) GAO Audit.--Not later than 1 year after the date of enactment
of this Act, and triennially thereafter, the Comptroller General of the
United States shall conduct a study of the management, governance
structure, and independence of the Board and Office.
(m) Opening of Office.--The Office shall be open for business,
including the filing of claims under section 402, not later than 1 year
after the date of enactment of this Act.
(n) Financial Disclosure Reports.--Members of the Board and
officers and employees of the Office shall file the financial
disclosure reports required under subchapter I of chapter 131 of title
5, United States Code, with the Judicial Conference of the United
States.
(o) Record Retention.--The Office shall establish and maintain a
program for the permanent retention of its records, including the
records of preliminary reviews, mediations, hearings, and other
proceedings conducted under title IV.
SEC. 302. OFFICERS, STAFF, AND OTHER PERSONNEL.
(a) Judicial Integrity Officer.--
(1) Appointment and removal.--
(A) In general.--The Chair, subject to approval of
the Board, shall appoint and may remove the Judicial
Integrity Officer. Selection and appointment of the
Judicial Integrity Officer shall be solely on the basis
of fitness to perform the duties of the office. The
first Judicial Integrity Officer shall be appointed no
later than 90 days after the initial appointment of the
Board of Directors.
(B) Qualifications.--
(i) In general.--The Judicial Integrity
Officer shall, by demonstrated ability,
background, training, or experience, be
especially qualified to carry out the functions
of the position.
(ii) Attorney.--The Judicial Integrity
Officer shall be an attorney admitted to
practice and in good standing with the highest
court of a State of the United States, the
District of Columbia, or a territory of the
United States.
(C) Disqualifications.--The disqualifications in
section 301(d)(2) shall apply to the appointment of the
Judicial Integrity Officer, except that representations
undertaken on behalf of the Office or OEA shall not be
disqualifying.
(2) Compensation.--The Chair may fix the compensation of
the Judicial Integrity Officer. The rate of pay for the
Judicial Integrity Officer may not exceed the annual rate of
basic pay prescribed for level IV of the Executive Schedule
under section 5315 of title 5, United States Code.
(3) Term.--The term of office of the Judicial Integrity
Officer shall be a single term of 5 years, except that the
first Judicial Integrity Officer shall have a single term of 7
years.
(4) Duties.--The Judicial Integrity Officer shall serve as
the chief operating officer of the Office. Except as otherwise
specified in this Act, the Judicial Integrity Officer shall
carry out all of the responsibilities of the Office under this
Act.
(b) Deputy Judicial Integrity Officers.--
(1) In general.--The Chair, subject to the approval of the
Board, shall appoint and may remove 2 Deputy Judicial Integrity
Officers. Selection and appointment of a Deputy Judicial
Integrity Officer shall be without regard to political
affiliation and solely on the basis of fitness to perform the
duties of the office. The disqualifications in section
301(d)(2) shall apply to the appointment of a Deputy Judicial
Integrity Officer, except that representations undertaken as
described in section 301(d)(2)(A) on behalf of the Office or
OEA shall not be disqualifying.
(2) Term.--The term of office of a Deputy Judicial
Integrity Officer shall be a single term of 5 years, except
that the first Deputy Judicial Integrity Officers shall have a
single term of 6 years.
(3) Compensation.--The Chair may fix the compensation of
the Deputy Judicial Integrity Officers. The rate of pay for a
Deputy Judicial Integrity Officer may not exceed 96 percent of
the annual rate of basic pay prescribed for level IV of the
Executive Schedule under section 5315 of title 5, United States
Code.
(4) Duties.--The Deputy Judicial Integrity Officer shall
assume such duties and responsibilities as may be delegated by
the Judicial Integrity Officer.
(c) General Counsel.--
(1) In general.--The Chair, subject to the approval of the
Board, shall appoint and may remove the General Counsel.
Selection and appointment of the General Counsel shall be
solely on the basis of fitness to perform the duties of the
office. The disqualifications in section 301(d)(2) shall apply
to the appointment of the General Counsel except that
representations undertaken as described in section 301(d)(2)(A)
on behalf of the Office or OEA shall not be disqualifying.
(2) Compensation.--The Chair may fix the compensation of
the General Counsel. The rate of pay for the General Counsel
may not exceed the annual rate of basic pay prescribed for
level V of the Executive Schedule under section 5316 of title
5, United States Code.
(3) Duties.--The General Counsel shall--
(A) exercise the authorities and perform the duties
of the General Counsel as specified in this Act; and
(B) otherwise assist the Board and the Judicial
Integrity Officer in carrying out their duties and
powers, including representing the Office in any
judicial proceeding under this Act.
(4) Attorneys in the office of the general counsel.--The
General Counsel shall appoint, and fix the compensation of, and
may remove, such additional attorneys as may be necessary to
enable the General Counsel to perform the General Counsel's
duties.
(5) Term.--The term of office of the General Counsel shall
be a single term of 5 years.
(d) Confidential Advisors.--
(1) In general.--The Judicial Integrity Officer 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 subtitle 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 subtitle 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 subtitle 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 subtitle 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 subtitle A of title II about the
option of pursuing, in appropriate
circumstances, a complaint with the relevant
judicial council.
(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 an attorney who--
(A) is admitted to practice before, and is in good
standing with, the bar of the highest court 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 subtitle 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
subtitle 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 365-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 a judicial council;
(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.
(e) Directors of Workplace Relations.--
(1) In general.--The Judicial Integrity Officer shall
appoint and supervise a director of workplace relations for
each judicial circuit.
(2) Workplace misconduct prevention program.--Each director
of workplace relations shall, subject to the supervision of the
Judicial Integrity Officer, oversee the workplace misconduct
prevention program for--
(A) except as provided in subparagraph (B), all
employing units and covered employees that are located
within the geographic confines of the relevant judicial
circuit, unless served by another such workplace
misconduct program; and
(B) in the case of the Director of Workplace
Relations for the Federal Circuit, all employing units
and covered employees of the United States Court of
Appeals for the Federal Circuit, the United States
Court of Appeals for Veterans Claims, or a court (other
than an unspecified district court) described in
section 1295 of title 28, United States Code.
(3) Specific court assignments.--
(A) Court of international trade.--The Director of
Workplace Relations for the Second Circuit shall also
serve as the Director of Workplace Relations for the
Court of International Trade.
(B) Other judicial branch agencies.--The Director
of Workplace Relations for the Federal Circuit shall
also serve as the Director of Workplace Relations for
the Court of Federal Claims, the Administrative Office
of the United States Courts, the Federal Judicial
Center, and the United States Sentencing Commission.
(C) Other positions in judicial branch.--Nothing in
this subsection shall prohibit a director of workplace
relations from concurrently holding another position in
the judicial branch of the Federal Government if the
other position is not incompatible with the duties and
responsibilities of being a director of workplace
relations, as determined by the Judicial Integrity
Officer.
(f) Employee Dispute Resolution Coordinators.--
(1) Circuits and districts.--Subject to the supervision of
the Judicial Integrity Officer, each director of workplace
relations appointed under subsection (e) shall appoint not
fewer than the following number of employee dispute resolution
coordinators:
(A) One for each judicial circuit.
(B) Three for each judicial district, drawn from at
least 2 different employing units.
(C) One for the United States Court of
International Trade.
(D) One for the United States Court of Federal
Claims.
(2) Other employing units.--Subject to the supervision of
the Judicial Integrity Officer, the Director of Workplace
Relations for the Federal Circuit shall appoint a sufficient
number of employee dispute resolution coordinators for the
Administrative Office of the United States Courts, the Federal
Judicial Center, and the United States Sentencing Commission.
(3) Workplace misconduct prevention program.--Except as
provided in subparagraphs (A), (C), and (D) of paragraph (1),
and paragraph (2), the employee dispute resolution coordinators
for each judicial district shall assist the relevant director
of workplace relations with implementing the workplace
misconduct prevention program in all employing units located
within the judicial district.
(4) Other positions in judicial branch.--Nothing in this
subsection shall prohibit an employee dispute resolution
coordinator from concurrently holding another position in the
judicial branch of the Federal Government if the other position
is not incompatible with the duties and responsibilities of
being an employee dispute resolution coordinator, as determined
by the director of workplace relations.
(g) Other Staff.--The Judicial Integrity Officer shall appoint, and
fix the compensation of, and may remove, such other additional staff,
including Preliminary and Merits Hearing Officers, but not including
attorneys and staff employed in the offices of the General Counsel and
not including the General Counsel, as may be necessary to enable the
Office to perform its duties.
(h) Consultants.--In carrying out the functions of the Office, the
Judicial Integrity Officer may procure the temporary (not to exceed 1
year) or intermittent services of consultants.
SEC. 303. PROCEDURAL RULES.
(a) In General.--The Judicial Integrity Officer shall, subject to
the approval of the Board, adopt rules governing the procedures of the
Office, including the procedures for Preliminary and Merits Hearing
Officers, which shall be furnished to the Director of the
Administrative Office of the United States Courts for publication in
the Federal Register. The rules may be amended in the same manner.
(b) Procedure.--The Judicial Integrity Officer shall adopt rules
referred to in subsection (a) in accordance with the principles and
procedures set forth in section 553 of title 5, United States Code. The
Judicial Integrity Officer shall publish a general notice of proposed
rulemaking under section 553(b) of title 5, United States Code. Before
adopting rules, the Judicial Integrity Officer shall provide a comment
period of at least 30 days after publication of a general notice of
proposed rulemaking. Upon adopting rules, the Judicial Integrity
Officer shall transmit notice of such action together with a copy of
such rules to the Director of the Administrative Office of the United
States Courts for publication in the Federal Register. Rules shall be
considered issued by the Judicial Integrity Officer as of the date on
which they are published in the Federal Register.
SEC. 304. SUBSTANTIVE REGULATIONS.
(a) Regulations.--
(1) In general.--The procedures applicable to the
regulations of the Board issued for the implementation of this
Act, which shall include regulations the Board is required to
issue under title II, are as prescribed in this section.
(2) Rulemaking procedure.--Such regulations of the Board
shall be adopted and issued in accordance with subsection (b).
(b) Adoption by the Board.--The Board shall adopt the regulations
referred to in subsection (a)(1) in accordance with the principles and
procedures set forth in section 553 of title 5, United States Code, and
as provided in the following provisions of this subsection:
(1) Proposal.--The Board shall publish a general notice of
proposed rulemaking under section 553(b) of title 5, United
States Code.
(2) Comment.--Before adopting regulations, the Board shall
provide a comment period of at least 30 days after publication
of a general notice of proposed rulemaking.
(3) Adoption.--After considering comments, the Board shall
adopt regulations and shall transmit notice of such action
together with a copy of such regulations to the Director of the
Administrative Office of the United States Courts for
publication in the Federal Register.
(c) Issuance and Effective Date.--
(1) Date of issuance.--The date of issuance of regulations
shall be the date on which they are published in the Federal
Register under subsection (b)(3).
(2) Effective date.--Regulations shall become effective not
less than 60 days after the regulations are issued, except that
the Board may provide for an earlier effective date for good
cause found (within the meaning of section 553(d)(3) of title
5, United States Code) and published with the regulation.
(d) Amendment of Regulations.--Regulations may be amended
(including repealed) in the same manner as is described in this section
for the adoption and issuance of regulations, except that the Board
may, in its discretion, dispense with publication of a general notice
of proposed rulemaking of minor, technical, or urgent amendments that
satisfy the criteria for dispensing with publication of such notice
pursuant to section 553(b)(B) of title 5, United States Code.
(e) Right To Petition for Rulemaking.--Any interested party may
petition to the Board for the issuance, amendment, or repeal of a
regulation.
(f) Consultation.--The Judicial Integrity Officer, the Deputy
Judicial Integrity Officers, and the Board--
(1) shall consult, with regard to the development of
regulations, with--
(A) the Chair of the Administrative Conference of
the United States;
(B) the Director of the Administrative Office of
United States Courts; and
(C) the Director of the Office of Personnel
Management; and
(2) may consult with any other persons with whom
consultation, in the opinion of the Board, the Judicial
Integrity Officer, or either of the Deputy Judicial Integrity
Officers, may be helpful.
SEC. 305. EXPENSES.
(a) Authorization of Appropriations.--Beginning in fiscal year
2025, and for each fiscal year thereafter, there are authorized to be
appropriated for the expenses of the Office such sums as may be
necessary to carry out the functions of the Office. Until sums are
first appropriated pursuant to the preceding sentence, but for a period
not exceeding 12 months following the date of enactment of this Act,
the expenses of the Office shall be paid from the funds appropriated to
the courts of appeals of the United States and the district courts of
the United States for other judicial services and salaries and
expenses.
(b) Financial and Administrative Services.--The Judicial Integrity
Officer may place orders and enter into agreements for goods and
services with the head of any agency, or major organizational unit
within an agency, in the judicial, legislative, or executive branch of
the United States in the same manner and to the same extent as agencies
are authorized under sections 1535 and 1536 of title 31, United States
Code, to place orders and enter into agreements.
(c) Witness Fees and Allowances.--Except for covered employees,
witnesses before a Merits Hearing Officer or the Board in any
proceeding under this Act other than rulemaking shall be paid the same
fee and mileage allowances as are paid subpoenaed witnesses in the
courts of the United States. Covered employees who are summoned, or are
assigned by their employer, to testify in their official capacity or to
produce official records in any proceeding under this Act shall be
entitled to travel expenses under subchapter I and section 5751 of
chapter 57 of title 5, United States Code.
TITLE IV--ADMINISTRATIVE AND JUDICIAL DISPUTE-RESOLUTION PROCEDURES
SEC. 401. PROCEDURE FOR CONSIDERATION OF ALLEGED VIOLATIONS.
(a) Filing and Review of Claims.--Except as otherwise provided, the
procedure for consideration of an alleged violation of subtitle A of
title II consists of--
(1) the filing of a claim by the covered employee alleging
the violation, as provided in section 402;
(2) the preliminary review of the claim, to be conducted by
a Preliminary Hearing Officer as provided in section 403;
(3) mediation as provided in section 404, if requested and
agreed to by the parties under that section; and
(4) a hearing as provided in section 405, subject to Board
review as provided in section 406 and judicial review in the
United States Court of Appeals for the Federal Circuit (or
another circuit under section 407(a)(3)) as provided in section
407.
(b) Right of Employee To File Civil Action.--
(1) Civil action.--Only a covered employee who has timely
filed a claim as provided in section 402 and who has not
submitted a request for a hearing on the claim pursuant to
section 405(a) may, during the period described in paragraph
(3), file a civil action in a district court of the United
States with respect to the violation alleged in the claim, as
provided in section 408.
(2) Effect of filing civil action.--Notwithstanding
paragraph (2), (3), or (4) of subsection (a), if the covered
employee files such a civil action--
(A) the preliminary review of the claim by the
Preliminary Hearing Officer as provided in section 403
shall terminate upon the filing of the action by the
covered employee; and
(B) the procedure for consideration of the alleged
violation shall not include any further review of the
claim by the Preliminary Hearing Officer as provided in
section 403.
(3) Period for filing civil action.--The period described
in this paragraph with respect to a claim is the 70-day period
which begins on the date the covered employee files the claim
under section 402.
(4) Special rule for employees who fail to state a claim
for which relief may be granted.--Notwithstanding paragraph
(3), if a covered employee receives a written notice the
Preliminary Hearing Officer under section 403(d)(2) that the
employee has the right to file a civil action with respect to
the claim in accordance with section 408, the covered employee
may file the civil action not later than 90 days after
receiving such written notice.
(c) Rights of Parties To Retain Private Counsel.--Nothing in this
Act may be construed to limit the authority of any individual
(including a covered employee, the head of an employing unit, or an
individual who is alleged to have committed personally an act which
constitutes a violation of subtitle A of title II) to retain counsel to
protect the interests of the individual at any point during any of the
procedures provided under this title for the consideration of an
alleged violation of subtitle A of title II.
(d) Standards for Assertions Made by Parties.--Any party in any of
the procedures provided under this title, as well as any counsel or
other person representing a party in any such procedures, shall have an
obligation to ensure that, to the best of the party's knowledge,
information, and belief, as formed after an inquiry which is reasonable
under the circumstances, each of the following is correct:
(1) No pleading, written motion, or other paper is
presented for any improper purpose, such as to harass, cause
unnecessary delay, or needlessly increase the cost of
resolution of the matter.
(2) The claims, defenses, and other legal contentions the
party advocates are warranted by existing law or by a
nonfrivolous argument for extending, modifying, or reversing
existing law or for establishing new law.
(3) The factual contentions have evidentiary support or, if
specifically so identified, will likely have evidentiary
support after a reasonable opportunity for further review or
discovery.
(4) The denials of factual contentions are warranted on the
evidence or, if specifically so identified, are reasonably
based on belief or a lack of information.
(e) Procedure.--Nothing in this Act shall be construed to supersede
or limit section 204(d)(2).
SEC. 402. INITIATION OF PROCEEDINGS.
(a) Claim.--
(1) Filing of claim.--To commence a proceeding under this
title, a covered employee alleging a violation of law made
applicable under subtitle A of title II shall file a claim with
the Office. The Office shall not accept a claim which is filed
after the deadline applicable under subsection (d).
(2) Contents of claim.--The claim filed under this section
shall be made in writing under oath or affirmation, shall
describe the facts that form the basis of the claim and the
violation that is being alleged, shall identify the employing
unit alleged to have committed the violation or in which the
violation is alleged to have occurred, and shall be in such
form as the Office requires.
(3) No effect on ability of covered employee to seek
information from office or pursue relief.--Nothing in paragraph
(2), or subsection (b) or (c), may be construed to limit the
ability of a covered employee--
(A) to contact the Office or any other appropriate
office prior to filing a claim under this section to
seek information regarding the employee's rights under
this Act and the procedures available under this Act;
(B) in the case of a covered employee alleging
misconduct by a judge, to make a complaint under
chapter 16 of title 28, United States Code; or
(C) to file a civil action in accordance with
section 401(b).
(b) Initial Processing of Claim.--
(1) Intake and recording; notification to employing unit.--
Upon the filing of a claim by a covered employee under
subsection (a), the Office shall take such steps as may be
necessary for the initial intake and recording of the claim,
including providing each party with all relevant information
respect to the rights of the party under this Act, and shall
transmit immediately a copy of the claim to the head of the
employing unit and the designated representative of that unit.
(2) Special notification requirements for claims based on
acts by judges.--
(A) In general.--In the case of a claim alleging a
violation described in subparagraph (B) which consists
of a violation described in section 415(d)(1)(A) by an
individual, upon the filing of the claim under
subsection (a), the Office shall notify immediately
such individual of the claim, the possibility that the
individual may be required to reimburse the account
described in section 415(a) for the reimbursable
portion of any award or settlement in connection with
the claim, and the right of the individual under
section 415(d)(2) to intervene in any mediation,
hearing, or civil action under this title with respect
to the claim.
(B) Violations described.--A violation described in
this subparagraph is--
(i) harassment that is unlawful under
section 201(a) or 202(a); or
(ii) intimidation, reprisal, or
discrimination that is unlawful under section
203 and is taken against a covered employee
because of a claim alleging a violation
described in clause (i).
(c) Use of Secure Electronic Reporting and Tracking System.--
(1) Establishment and operation of secure system.--The
Office shall establish and operate a secure electronic
reporting system through which a covered employee may initiate
a proceeding under this title, and which will keep an
electronic record of the date and time at which the proceeding
is initiated and will track all subsequent actions or
proceedings occurring with respect to the proceeding under this
title.
(2) Accessibility to all parties.--The system shall be
accessible to all parties to such actions or proceedings, but
only until the completion of such actions or proceedings.
(3) Assessment of effectiveness of procedures.--The Office
shall use the information contained in the system to make
regular assessments of the effectiveness of the procedures
under this title in providing for the timely resolution of
claims, and shall submit annual reports on such assessments
each year to the Committee on the Judiciary of the Senate and
the Committee on the Judiciary of the House of Representatives.
(d) Deadline.--A covered employee may not file a claim under this
section with respect to an allegation of a violation of law after the
expiration of the 365-day period which begins on the date of the
alleged violation.
SEC. 403. PRELIMINARY REVIEW OF CLAIMS.
(a) Preliminary Review by Preliminary Hearing Officer.--
(1) Appointment.--Not later than 7 days after transmission
to the employing unit of a claim pursuant to section 402(b),
the Judicial Integrity Officer shall appoint a Preliminary
Hearing Officer to conduct a preliminary review of the claim.
(2) Process for appointment.--The Judicial Integrity
Officer shall appoint a Preliminary Hearing Officer under this
subsection in the same manner and in accordance with the same
requirements and procedures applicable to the appointment of a
Merits Hearing Officer under section 405(c).
(b) Assessments Required.--In conducting a preliminary review of a
claim under this section, the Preliminary Hearing Officer shall assess
each of the following:
(1) Whether the claimant is a covered employee authorized
to obtain relief relating to the claim under this title.
(2) Whether the entity which is the subject of the claim is
an employing unit under this Act.
(3) Whether the individual filing the claim has met the
applicable deadlines for filing the claim under this title.
(4) The identification of factual and legal issues involved
with respect to the claim.
(5) The specific relief sought by the individual.
(6) Whether, on the basis of the assessments made under
paragraphs (1) through (5), the individual filing the claim is
a covered employee who has stated a claim for which, if the
allegations contained in the claim are true, relief may be
granted under this title.
(7) The potential for the settlement of the claim without a
hearing as provided under section 405 or a civil action as
provided under section 408.
(c) Report on Review.--
(1) Report.--Not later than 30 days after a claim is filed
under section 402, the Preliminary Hearing Officer shall submit
to the individual filing the claim and the unit which is the
subject of the claim a report on the preliminary review
conducted under this section, and shall include in the report
the hearing officer's determination as to whether the
individual is a covered employee who has stated a claim for
which relief may be granted under this title (as described in
paragraph (6) of subsection (b)). The submission of the report
shall conclude the preliminary review.
(2) Extension of deadline.--The Preliminary Hearing Officer
may (upon notice to the individual filing the claim and the
employing unit which is the subject of the claim) use an
additional period of not to exceed 30 days to conclude the
preliminary review.
(d) Effect of Determination of Failure To State Claim for Which
Relief May Be Granted.--If the Preliminary Hearing Officer's report on
the preliminary review of a claim under subsection (c) includes the
determination that the individual filing the claim is not a covered
employee or has not stated a claim for which relief may be granted
under this title--
(1) the individual may not obtain a hearing with respect to
the claim as provided under section 405; and
(2) the Preliminary Hearing Officer shall provide the
individual and the Judicial Integrity Officer with a written
notice that the individual may file a civil action with respect
to the claim in accordance with sections 401(b) and 408.
SEC. 404. MEDIATION.
(a) Availability of Mediation.--
(1) Notification regarding mediation.--
(A) Covered employee.--Upon receipt of a claim
under section 402, the Office shall notify the covered
employee who filed the claim about the process for
mediation under this section and the deadlines
applicable to such mediation.
(B) Employing unit.--Upon transmission to the
employing unit of the claim pursuant to section 402(b),
the Office shall notify the employing unit about the
process for mediation under this section and the
deadlines applicable to such mediation.
(2) Initiation.--
(A) In general.--During the period described in
subparagraph (B), either the covered employee who filed
a claim under section 402 or the employing unit named
in the claim may file a request for mediation with the
Office, which shall promptly notify the other party. If
the other party agrees to the request, the Office shall
promptly assign a mediator to the claim, and conduct
mediation under this section.
(B) Timing.--A covered employee or an employing
unit may file a request for mediation under
subparagraph (A) during the period beginning on the
date that the covered employee or employing unit,
respectively, receives a notification under paragraph
(1) regarding a claim under section 402 and ending on
the date on which a Merits Hearing Officer issues a
written decision relating to the claim under section
405(g) or the covered employee files a civil action
with respect to the claim in accordance with sections
401(b) and 408, as applicable.
(3) Failure to request or accept mediation to have no
effect on treatment of claim.--The failure of a party to
request mediation under this section with respect to a claim,
or the failure of a party to agree to a request for mediation
under this section, may not be taken into consideration under
any procedure under this title with respect to the claim,
including a preliminary review under section 403, a hearing
under section 405, or a civil action under section 408.
(b) Process.--Mediation under this section--
(1) may include the Office, the covered employee, the
employing unit, and 1 or more individuals appointed by the
Judicial Integrity Officer from the master list developed and
maintained under subsection (e); and
(2) shall involve meetings with the parties during which,
at the request of any of the parties, the parties shall be
separate, for the purpose of resolving the dispute between the
covered employee and the employing unit.
(c) Mediation Period.--The mediation period shall be 30 days,
beginning on the first day after the second party agrees to the request
for mediation. The mediation period may be extended for 1 additional
period of 30 days at the joint request of the covered employee and the
employing unit. Any deadline in this Act relating to a claim for which
mediation has been agreed to in this section, that has not already
passed by the first day of the mediation period, shall be stayed during
the mediation period. The Office shall notify in writing the covered
employee and the employing unit when the mediation period has ended.
(d) Independence of Mediation Process.--No individual who is
appointed by the Judicial Integrity Officer to mediate may conduct or
aid in a hearing conducted under section 405 with respect to the same
matter or shall be subject to subpoena or any other compulsory process
with respect to the same matter.
(e) Master List of Mediators.--
(1) Development and maintenance of master list.--The
Judicial Integrity Officer shall develop and maintain a master
list of individuals who are experienced in adjudicating,
arbitrating, or mediating the kinds of personnel and other
matters for which mediation may be held under this section.
Such list may include, but not be limited to, members of the
bar of a State of the United States, the District of Columbia,
or a territory of the United States.
(2) Consideration of candidates.--In developing the master
list under this subsection, the Judicial Integrity Officer
shall consider candidates recommended by the Federal Mediation
and Conciliation Service or the Administrative Conference of
the United States.
SEC. 405. HEARING.
(a) Requirement for Hearings To Commence in Office.--
(1) Hearing required upon request.--If, not later than 10
days after a Preliminary Hearing Officer submits the report on
the preliminary review of a claim under section 403(c), a
covered employee submits a request to the Judicial Integrity
Officer for a hearing under this section, the Judicial
Integrity Officer shall appoint an independent Merits Hearing
Officer pursuant to subsection (c) to consider the claim and
render a decision, and a hearing shall be commenced in the
Office.
(2) Exceptions.--Paragraph (1) does not apply with respect
to the claim if--
(A) the Preliminary Hearing Officer's report on the
preliminary review of the claim under section 403(c)
includes the determination that the individual filing
the claim is not a covered employee who has stated a
claim for which relief may be granted under this title
(as described in section 403(d)); or
(B) the covered employee files a civil action as
provided in sections 401(b) and 408 with respect to the
claim.
(b) Dismissal.--A Merits Hearing Officer may dismiss any claim that
the Merits Hearing Officer finds to be frivolous or that fails to state
a claim upon which relief may be granted.
(c) Merits Hearing Officer.--
(1) Appointment.--Upon the filing of a request for a
hearing under subsection (a), the Judicial Integrity Officer
shall appoint an independent Merits Hearing Officer. The Merits
Hearing Officer may not be a member of the Board, covered
employee, justice, judge, or head of an employing unit. The
Judicial Integrity Officer shall select Merits Hearing Officers
on a rotational or random basis from the lists developed under
paragraph (2). Nothing in this section shall prevent the
appointment of Merits Hearing Officers as full-time employees
of the Office or the selection of Merits Hearing Officers on
the basis of specialized expertise needed for particular
matters.
(2) Lists.--The Judicial Integrity Officer shall develop
master lists, composed of--
(A) members of the bar of a State of the United
States, the District of Columbia, or a territory of the
United States who are experienced in adjudicating or
arbitrating the kinds of personnel and other matters
for which hearings may be held under this Act; and
(B) individuals expert in technical matters
relating to accessibility and usability by persons with
disabilities.
In developing lists, the Judicial Integrity Officer shall
consider candidates recommended by the Federal Mediation and
Conciliation Service or the Administrative Conference of the
United States.
(3) Prohibiting preliminary hearing officer from conducting
hearing.--The Judicial Integrity Officer may not appoint a
Merits Hearing Officer to conduct a hearing under this section
with respect to a claim if the hearing officer conducted the
preliminary review with respect to the claim under section 403.
(d) Hearing.--Unless a claim is dismissed before a hearing, a
hearing shall be--
(1) conducted in closed session on the record by the Merits
Hearing Officer;
(2) commenced no later than 90 days after the Judicial
Integrity Officer receives the covered employee's request for
the hearing under subsection (a), except that, upon mutual
agreement of the parties or for good cause, the Office shall
extend the time for commencing a hearing for not more than an
additional 30 days; and
(3) conducted, except as specifically provided in this Act
and to the greatest extent practicable, in accordance with the
principles and procedures set forth in sections 554 through 557
of title 5, United States Code.
(e) Discovery.--Reasonable prehearing discovery may be permitted at
the discretion of the Merits Hearing Officer.
(f) Subpoenas.--
(1) In general.--At the request of a party, a Merits
Hearing Officer may issue subpoenas for the attendance of
witnesses and for the production of correspondence, books,
papers, documents, and other records. The attendance of
witnesses and the production of records may be required from
any place within the United States. Subpoenas shall be served
in the manner provided under rule 45(b) of the Federal Rules of
Civil Procedure.
(2) Objections.--If a person refuses, on the basis of
relevance, privilege, or other objection, to testify in
response to a question or to produce records in connection with
a proceeding before a Merits Hearing Officer, the hearing
officer shall rule on the objection. At the request of the
witness or any party, the Merits Hearing Officer shall (or on
the hearing officer's own initiative, the hearing officer may)
refer the ruling to the Board for review.
(3) Enforcement.--
(A) In general.--If a person fails to comply with a
subpoena, the Board may authorize the General Counsel
to apply, in the name of the Office, to an appropriate
district court of the United States for an order
requiring that person to appear before the Merits
Hearing Officer to give testimony or produce records.
The application may be made within the judicial
district where the hearing is conducted or where that
person is found, resides, or transacts business. Any
failure to obey a lawful order of the district court
issued pursuant to this section may be held by such
court to be a civil contempt thereof.
(B) Service of process.--Process in an action or
contempt proceeding pursuant to subparagraph (A) may be
served in any judicial district in which the person
refusing or failing to comply, or threatening to refuse
or not to comply, resides, transacts business, or may
be found, and subpoenas for witnesses who are required
to attend such proceedings may run into any other
district.
(g) Decision.--The Merits Hearing Officer shall issue a written
decision as expeditiously as possible, but in no case more than 90 days
after the conclusion of the hearing. The written decision shall be
transmitted by the Office to the parties. The decision shall state the
issues raised in the claim, describe the evidence in the record,
contain findings of fact and conclusions of law, contain a
determination of whether a violation has occurred, and order such
remedies as are appropriate pursuant to title II. The decision shall be
entered in the records of the Office. If a decision is not appealed
under section 406 to the Board, the decision shall be considered the
final decision of the Office.
(h) Precedents.--A Merits Hearing Officer who conducts a hearing
under this section shall be guided by judicial decisions under the laws
made applicable by section 102 and by Board decisions under this Act.
SEC. 406. APPEAL TO THE BOARD.
(a) In General.--Any party aggrieved by the decision of a Merits
Hearing Officer under section 405(g) may file a petition for review by
the Board not later than 30 days after entry of the decision in the
records of the Office.
(b) Parties' Opportunity To Submit Argument.--The parties to the
hearing upon which the decision of the Merits Hearing Officer was made
shall have a reasonable opportunity to be heard, through written
submission and, in the discretion of the board, through oral argument.
(c) Standard of Review.--The Board shall set aside a decision of a
Merits Hearing Officer if the Board determines that the decision was--
(1) arbitrary, capricious, an abuse of discretion, or
otherwise not consistent with law;
(2) not made consistent with required procedures; or
(3) unsupported by substantial evidence.
(d) Record.--In making determinations under subsection (c), the
Board shall review the whole record, or those parts of it cited by a
party, and due account shall be taken of the rule of prejudicial error.
(e) Decision.--The Board shall issue a written decision setting
forth the reasons for its decision. The decision may affirm, reverse,
or remand to the Merits Hearing Officer for further proceedings. A
decision that does not require further proceedings before a Merits
Hearing Officer shall be entered in the records of the Office as a
final decision.
SEC. 407. JUDICIAL REVIEW OF BOARD DECISIONS AND ENFORCEMENT.
(a) Jurisdiction.--
(1) Judicial review.--Except as provided in paragraph (3),
the United States Court of Appeals for the Federal Circuit
shall have jurisdiction over any proceeding commenced by a
petition of a party aggrieved by a final decision of the Board
under section 406(e) in cases arising under subtitle A of title
II. Except as provided in paragraph (3), the court of appeals
shall have exclusive jurisdiction to set aside, suspend (in
whole or in part), determine the validity of, or otherwise
review the decision of the Board.
(2) Enforcement.--Except as provided in paragraph (3), the
United States Court of Appeals for the Federal Circuit shall
have jurisdiction over any petition of the General Counsel,
filed in the name of the Office and at the direction of the
Board, to enforce a final decision under section 405(g) or
406(e) with respect to a violation of subtitle A of title II.
(3) Cases involving the united states court of appeals for
the federal circuit.--In the case of a proceeding in which the
relevant employing unit is the United States Court of Appeals
for the Federal Circuit, or the office of a judge, circuit
executive, clerk, librarian, crier, staff attorney, or senior
technical assistant thereof, the powers of judicial review and
enforcement provided under paragraphs (1) and (2) shall be
exercised by the United States Court of Appeals for the
District of Columbia Circuit.
(b) Procedures.--
(1) Respondents.--
(A) Judicial review.--In any proceeding commenced
by a petition filed under subsection (a)(1), the Office
shall be named respondent and any party before the
Board may be named respondent by filing a notice of
election with the court within 30 days after service of
the petition.
(B) Enforcement.--In any proceeding commenced by a
petition filed under subsection (a)(2), the party under
section 405 or 406 that the General Counsel determines
has failed to comply with a final decision under
section 405(g) or 406(e) shall be named respondent.
(2) Intervention.--Any party that participated in the
proceedings before the Board under section 406 and that was not
made respondent under paragraph (1) may intervene as of right.
(c) Law Applicable.--Chapter 158 of title 28, United States Code,
shall apply to judicial review under paragraph (1) of subsection (a),
except that--
(1) with respect to section 2344 of such title, service of
a petition in any proceeding in which the Office is a
respondent shall be on the General Counsel rather than on the
Attorney General;
(2) the provisions of section 2348 of such title, on the
authority of the Attorney General, shall not apply;
(3) the petition for review shall be filed not later than
90 days after the entry in the Office of a final decision under
section 406(e); and
(4) the Office shall be an ``agency'' as that term is used
in chapter 158 of such title.
(d) Standard of Review.--To the extent necessary for decision in a
proceeding commenced under subsection (a)(1) and when presented, the
court shall decide all relevant questions of law and interpret
constitutional and statutory provisions. The court shall set aside a
final decision of the Board if it is determined that the decision was--
(1) arbitrary, capricious, an abuse of discretion, or
otherwise not consistent with law;
(2) not made consistent with required procedures; or
(3) unsupported by substantial evidence.
(e) Record.--In making determinations under subsection (d), the
court shall review the whole record, or those parts of it cited by a
party, and due account shall be taken of the rule of prejudicial error.
SEC. 408. CIVIL ACTION.
(a) Jurisdiction.--The district courts of the United States shall
have jurisdiction over any civil action commenced under section 401(b)
and this section by a covered employee.
(b) Venue.--Except for a civil action described in section 203(d),
in addition to the venue specified by section 1391 of title 28, United
States Code, venue shall lie in the United States District Court for
the District of Columbia.
(c) Parties.--The defendant shall be the employing unit alleged to
have committed the violation, or in which the violation is alleged to
have occurred.
(d) Jury Trial.--Any party may demand a jury trial where a jury
trial would be available in an action against a private defendant under
the relevant law made applicable by this Act. In any case in which a
violation of section 201 is alleged, the court shall not inform the
jury of the maximum amount of compensatory damages available under
paragraphs (1), (3), or (4) of section 201(b).
SEC. 409. JUDICIAL REVIEW OF REGULATIONS.
In any proceeding brought under section 401(b), 407, or 408 in
which the application of a regulation issued under this Act is at
issue, the court may review the validity of the regulation in
accordance with the provisions of subparagraphs (A) through (D) of
section 706(2) of title 5, United States Code. If the court determines
that the regulation is invalid, the court shall apply, to the extent
necessary and appropriate, the most relevant substantive executive
agency regulation promulgated to implement the statutory provisions
with respect to which the invalid regulation was issued. Except as
provided in this section, the validity of regulations issued under this
Act is not subject to judicial review.
SEC. 410. OTHER JUDICIAL REVIEW PROHIBITED.
Except as expressly authorized by sections 401(b), 407, 408, and
409, the compliance or noncompliance with the provisions of this Act
and any action taken pursuant to this Act shall not be subject to
judicial review.
SEC. 411. EFFECT OF FAILURE TO ISSUE REGULATIONS.
In any proceeding under section 405, 406, 407, or 408, if the Board
has not issued a regulation on a matter for which this Act requires a
regulation to be issued, the Preliminary Hearing Officer, Merits
Hearing Officer, Board, or court, as the case may be, shall apply, to
the extent necessary and appropriate, the most relevant substantive
executive agency regulation promulgated to implement the statutory
provision at issue in the proceeding.
SEC. 412. EXPEDITED REVIEW OF CERTAIN APPEALS.
(a) In General.--An appeal may be taken directly to the Supreme
Court of the United States from any interlocutory or final judgment,
decree, or order of a court upon the constitutionality of any provision
of this Act.
(b) Jurisdiction.--The Supreme Court shall, if it has not
previously ruled on the question, accept jurisdiction over the appeal
referred to in subsection (a), advance the appeal on the docket, and
expedite the appeal to the greatest extent possible.
SEC. 413. SOVEREIGN IMMUNITY AND JUDICIAL INDEPENDENCE.
The authorization to bring judicial proceedings under sections
401(b), 405(f)(3), 407, and 408 shall not constitute a waiver of
sovereign immunity for any other purpose, or of the protection of
judicial independence afforded under section 1 of article III of the
Constitution of the United States.
SEC. 414. SETTLEMENT.
Any settlement entered into by the parties to the process described
in section 401 shall be in writing and not become effective unless it
is approved by the Judicial Integrity Officer.
SEC. 415. PAYMENTS.
(a) Awards and Settlements.--Except as provided in subsection (c),
only funds which are appropriated to an account of the Office in the
Treasury of the United States for the payment of awards and settlements
may be used for the payment of awards and settlements under this Act.
There are authorized to be appropriated for such account such sums as
may be necessary to pay such awards and settlements.
(b) Compliance.--Except as provided in subsection (c), there are
authorized to be appropriated such sums as may be necessary for
administrative, personnel, and similar expenses of employing units
which are needed to comply with this Act.
(c) Accommodation Requirements.--Funds to correct violations of
section 201(a)(3) may be paid only from funds appropriated to the
employing unit or entity responsible for correcting such violations.
There are authorized to be appropriated such sums as may be necessary
for such funds.
(d) Mandating Reimbursement by Judges of Amounts Paid as
Settlements and Awards.--
(1) Reimbursement required for certain violations.--
(A) In general.--Subject to subparagraphs (B) and
(D), if a payment is made from the account described in
subsection (a) for an award or settlement in connection
with a claim alleging a violation described in
subparagraph (C) committed personally by an individual
who, at the time of committing the violation, was a
judge, the individual shall reimburse the account for
the amount of the award or settlement for the claim
involved.
(B) Conditions.--In the case of an award made
pursuant to a decision of a Merits Hearing Officer
under section 405, or a court in a civil action,
subparagraph (A) shall apply only if the hearing
officer or court makes a separate finding that a
violation described in subparagraph (C) occurred which
was committed personally by an individual who, at the
time of committing the violation, was a judge, and such
individual shall reimburse the account for the amount
of compensatory damages included in the award as would
be available if awarded under section 1977A(b)(3) of
the Revised Statutes (42 U.S.C. 1981a(b)(3))
irrespective of the size of the employing unit. In the
case of a settlement for a claim described in section
416(d)(3), subparagraph (A) shall apply only if the
conditions specified in section 416(d)(3) for
requesting reimbursement are met.
(C) Violations described.--A violation described in
this subparagraph is--
(i) harassment that is unlawful under
section 201(a) or 202(a); or
(ii) intimidation, reprisal, or
discrimination that is unlawful under section
203 and is taken against a covered employee
because of a claim alleging a violation
described in clause (i).
(D) Multiple claims.--If an award or settlement is
made for multiple claims, some of which do not require
reimbursement under this subsection, the individual
described in subparagraph (A) shall only be required to
reimburse for the amount (referred to in this Act as
the ``reimbursable portion'') that is--
(i) described in subparagraph (A), subject
to subparagraph (B); and
(ii) included in the portion of the award
or settlement attributable to a claim requiring
reimbursement.
(2) Right to intervene.--An individual who is subject to a
reimbursement requirement of this subsection shall have the
unconditional right to intervene in any mediation, hearing, or
civil action under this title to protect the interests of the
individual in the determination of whether an award or
settlement described in paragraph (1) should be made, and the
amount of any such award or settlement, except that nothing in
this paragraph may be construed to require the covered employee
who filed the claim to be deposed by counsel for the individual
in a deposition that is separate from any other deposition
taken from the employee in connection with the hearing or civil
action.
SEC. 416. CONFIDENTIALITY AND REFERRALS.
(a) Mediation.--All information discussed or disclosed in the
course of any mediation shall be strictly confidential, and the
Judicial Integrity Officer shall notify each person participating in
the mediation of the confidentiality requirement and of the sanctions
applicable to any person who violates the confidentiality requirement.
(b) Hearings and Deliberations.--Except as provided in subsections
(c), (d), (e), and (f), all proceedings and deliberations of
Preliminary Hearing Officers, Merit Hearing Officers, and the Board,
including any related records, shall be confidential. The Judicial
Integrity Officer shall notify each person participating in a
proceeding or deliberation to which this subsection applies of the
requirements of this subsection and of the sanctions applicable to any
person who violates the requirements of this subsection.
(c) Release of Records for Judicial Action.--The records of
Preliminary Hearing Officers, Merits Hearing Officers, and the Board
may be made public if required for the purpose of judicial review under
section 407.
(d) Referral to Judicial Councils.--
(1) Referral.--Upon the final disposition under this title
(as described in paragraph (5)) of a claim alleging a violation
described in section 415(d)(1)(C) committed personally by a
judge, the Judicial Integrity Officer shall refer the claim to
the judicial council of the relevant circuit. Dispositions
referred under this subsection shall be treated by judicial
councils as complaints under chapter 16 of title 28, United
States Code, except that these complaints shall bypass review
by the chief judge and be certified directly to a special
committee appointed by the chief judge under section 353 of
that title. No judge may participate in the special committee
or the judicial council's action on a referral under this
paragraph concerning that judge's own conduct, and the chief
judge may, in the interest of justice, refer resolution of a
referral under this subsection to another circuit's judicial
council. For referrals under this subsection regarding conduct
by the chief judge, the circuit judge in regular active service
next senior in date of commission shall act as chief judge for
purposes of this subsection.
(2) Access to records and information.--If the Judicial
Integrity Officer refers a claim to a judicial council under
this subsection, the Judicial Integrity Officer shall provide
the council with access to the records of any preliminary
reviews, hearings, or decisions of Preliminary Hearing
Officers, Merits Hearing Officers, and the Board under this
Act, and any information relating to an award or settlement
paid, in response to such a claim.
(3) Review by judicial councils of settlements of certain
claims.--After the receipt of a settlement agreement for a
claim that includes an allegation of a violation described in
section 415(d)(1)(C) committed personally by a judge, the
judicial council receiving the referral shall, as part of the
procedure set out in paragraph (1), determine whether the
settlement involved an actual violation described in section
415(d)(1)(C) committed personally by the judge. If the judicial
council so determines, it shall notify the Judicial Integrity
Officer to request the reimbursement described in section
415(d) and include the settlement in the report required by
section 211(a).
(4) Protection of personally identifiable information.--If
the judicial council to which a claim is referred under
paragraph (1), or the Judicial Conference upon subsequent
referral, issues a public order or report with respect to the
claim, the judicial council or Judicial Conference shall ensure
that the order or report does not directly disclose the
identity or position of the individual who filed the claim.
(5) Final disposition described.--In this subsection, the
``final disposition'' of a claim means any of the following:
(A) An order or agreement to pay an award or
settlement, including an agreement reached pursuant to
mediation under section 404.
(B) A final decision of a Merits Hearing Officer
under section 405(g) that is no longer subject to
review by the Board under section 406.
(C) A final decision of the Board under section
406(e) that is no longer subject to appeal to the
United States Court of Appeals for the Federal Circuit
under section 407.
(D) A final decision in a civil action under
section 408 that is no longer subject to appeal.
(6) Court of federal claims, court of international trade,
and court of appeals for the federal circuit.--Section 363 of
title 28, United States Code, shall apply to a referral
involving the United States Court of Federal Claims, the United
States Court of International Trade, and the United States
United States Court of Appeals for the Federal Circuit.
(e) Access by Judicial Councils, Judicial Conference, and
Congress.--
(1) In general.--The Judicial Integrity Officer shall
provide judicial councils, the Judicial Conference of the
United States, and Congress access to the records of the
hearings and decisions of Preliminary Hearing Officers, Merits
Hearing Officers, and the Board, including all written and oral
testimony in the possession of the Office, when such material
is requested as part of the review of a complaint under chapter
16 of title 28, United States Code, or in the exercise of the
power of impeachment by Congress under the Constitution of the
United States. The Judicial Integrity Officer shall not provide
such access until the Judicial Integrity Officer has consulted
with the individual filing the claim at issue, and until a
final disposition has been reached as defined in subsection
(d)(5).
(2) Applicability.--Section 363 of title 28, United States
Code, shall apply to claims described in paragraph (1)
involving judges of the United States Court of Federal Claims,
the United States Court of International Trade, and the United
States Court of Appeals for the Federal Circuit.
(f) Final Decisions.--A final decision entered under section 405(g)
or 406(e) shall be made public if it is in favor of the complaining
covered employee or if the decision reverses a decision of a Merits
Hearing Officer which had been in favor of the covered employee. The
Board may make public any other decision at its discretion.
(g) Claims.--Nothing in this section may be construed to prohibit a
covered employee from disclosing the factual allegations underlying the
covered employee's claim, or to prohibit an employing unit from
disclosing the factual allegations underlying the employing unit's
defense to the claim.
TITLE V--EMPLOYEE ADVOCACY
SEC. 501. OFFICE OF EMPLOYEE ADVOCACY.
(a) Establishment.--There is established, as an independent office
within the judicial branch of the Federal Government, the Office of
Employee Advocacy.
(b) Director of Employee Advocacy.--The OEA shall have a Director
appointed by the Chief Justice of the United States from among a list
of names submitted by the Board. The first Director shall be appointed
not later than 90 days after the initial appointment of the Board.
(c) Director Qualifications.--
(1) Specific qualifications.--The Director shall, by
demonstrated ability, background, training, or experience, be
especially qualified to carry out the functions of the
position. The individual appointed as Director shall be an
attorney who is admitted to practice before the United States
District Court for the District of Columbia and who has
experience in representing employees in workplace
discrimination cases.
(2) Disqualifications.--The disqualifications in section
301(d)(2) shall apply to the appointment of the Director,
except that representations undertaken on behalf of the Office
or OEA shall not be disqualifying.
(3) Vacancies.--A vacancy in the position of Director
filled in the manner in which the original appointment was
made.
(d) Term of Office.--
(1) In general.--The Director shall serve a term of 4
years. The Director may be reappointed.
(2) Service until successor appointed.--A Director whose
term has expired may continue to serve until the date on which
a successor has taken office.
(e) Removal.--
(1) Authority.--The Director may be removed from office by
the Chief Justice of the United States, but only for--
(A) disability that substantially prevents the
member from carrying out the duties of the Director;
(B) incompetence;
(C) neglect of duty;
(D) malfeasance, including a felony or conduct
involving moral turpitude; or
(E) holding an office or employment or engaging in
an activity that disqualifies the individual from
service as Director under subsection (c)(2).
(2) Statement of reasons for removal.--In removing a
Director, the Chief Justice of the United States shall state in
writing to the Director being removed, the Board, the Committee
on the Judiciary of the Senate, and the Committee on the
Judiciary of the House of Representatives the specific reasons
for the removal.
(f) Compensation.--The Director be compensated at a rate equal to
the daily equivalent of the annual rate of basic pay prescribed for
level IV of the Executive Schedule under section 5315 of title 5,
United States Code.
(g) Functions.--
(1) Legal assistance, consultation, and representation.--
Subject to subsection (h), the OEA shall carry out the
following functions:
(A) Providing legal assistance and consultation to
covered employees regarding the procedures of this Act
and the procedures applicable to civil actions arising
under this Act, including--
(i) the roles and responsibilities of the
Office, Directors of Workplace Relations, EDR
Coordinators, and similar authorities;
(ii) any proceedings conducted under this
Act;
(iii) the authority of the Office to compel
cooperation and testimony under investigations
and proceedings conducted under title IV; and
(iv) the duties of the employee relating to
such proceedings, including the responsibility
to testify.
(B) Providing legal assistance and representation--
(i) in personal civil legal matters related
to the initiation of or participation in
proceedings by a covered employee under title
IV (other than for a civil action filed under
sections 401(b) and 408 of this Act); and
(ii) in any proceedings of the Office
related to conduct made unlawful by this Act,
or any other administrative or judicial body
related to the alleged violations of this Act
that are the subject of the proceedings
initiated by the covered employee, or the
proceedings in which the covered employee
participates, under title IV.
(C) Operating a confidential hotline through which
a covered employee may contact the Office.
(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 and 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.
(h) Prohibiting Provision of Assistance Upon Filing of Civil
Action.--If a covered employee files a civil action with respect to an
alleged violation of this Act in accordance with this Act, the OEA may
not provide assistance under this section to the employee with respect
to investigations or proceedings under this Act in connection with such
alleged violation at any time after the employee files such action.
(i) Personnel.--Subject to regulations of the Board, the Director
may appoint and fix the compensation of such additional personnel as
the Director determines to be necessary to carry out the functions of
the Office. Such personnel shall be appointed solely on the basis of
fitness to perform the duties of the position.
SEC. 502. ANONYMOUS REPORTING.
(a) Anonymous Reporting System.--In addition to the confidential
hotline required by section 501(g)(1)(C), the OEA shall create a
nationwide anonymous reporting system for instances of workplace
misconduct that is readily accessible to current and former covered
employees but not to the general public.
(b) Notice.--This anonymous reporting system shall provide notice
to those filing anonymous reports of how those reports will be handled.
(c) Forwarding Anonymous Reports.--The OEA shall forward each
anonymous report to the officer or employee in charge of the relevant
employing unit except in the following circumstances:
(1) Anonymous reports alleging workplace misconduct by a
judge listed in section 101(5)(A) shall be forwarded to the
chief judge of the relevant court of appeals of the United
States who may use it as a basis for identifying a complaint
for purposes of section 351(b) of title 28, United States Code.
If the anonymous report alleges misconduct by the chief judge
of a court of appeals of the United States, the anonymous
report shall be forwarded to the circuit judge in regular
active service next senior in date of commission, who shall act
with respect to this report as chief judge for purposes of
sections 351, 352, and 353 of title 28, United States Code.
(2) Anonymous reports alleging workplace misconduct by the
officer or employee in charge of the relevant employing unit
who is not a judge listed in section 101(5)(A) shall be
forwarded as follows:
(A) Reports regarding a circuit executive, clerk,
librarian, crier, or senior staff attorney shall be
forwarded to the chief judge of the relevant court of
appeals of the United States.
(B) Reports regarding the senior technical
assistant of the Court of Appeals for the Federal
Circuit shall be forwarded to the chief judge of the
United States Court of Appeals for the Federal Circuit.
(C) Reports regarding the clerk of a district court
of the United States, a bankruptcy court, or the United
States Court of Federal Claims shall be forwarded to
the chief judge of the relevant court.
(D) Reports regarding a district court executive
shall be forwarded to the chief judge of the relevant
district court of the United States.
(E) Reports regarding the Director of
Administrative Office of the United States Courts or
the Director of the Federal Judicial Center shall be
forwarded to the Chief Justice of the United States.
(F) Reports regarding the Chair of the United
States Sentencing Commission shall be forwarded to the
President of the United States.
(G) Reports regarding the Staff Director of the
United States Sentencing Commission shall be forwarded
to the Chair of the Sentencing Commission.
(H) Reports regarding a Federal Public Defender
described in section 30006A(g)(2)(A) of title 18,
United States Code, shall be forwarded to the chief
judge of the relevant court of appeals of the United
States.
(d) Compilation of Anonymous Reports.--The OEA shall compile the
total number of anonymous reports received regarding each employing
unit specified in section 101(5) for the preceding 10 years and report
this number, disaggregated by employing unit and the year the report
was received, on an annual basis to the Board, the Judicial Conference
of the United States, the Committee on the Judiciary of the Senate, and
the Committee on the Judiciary of the House of Representatives.
(e) Protection of Anonymity.--Notwithstanding any other provision
of law, anonymous reports filed under subsection (a) shall not be
disclosed by the OEA except as otherwise provided in this section.
TITLE VI--MISCELLANEOUS PROVISIONS
SEC. 601. IMPROVEMENTS TO JUDICIAL CONDUCT AND DISABILITY COMPLAINTS
PROCESS.
(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 section 453 of this title and the
requirements of the Judiciary Accountability Act of 2024.'';
(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) workplace misconduct, as defined in section 101 of
the Judiciary Accountability Act of 2024, constitutes a
violation of this chapter.'';
(3) in subsection (c), in the first sentence--
(A) by striking ``notice and an opportunity'' and
inserting ``notice, an opportunity''; and
(B) by inserting ``, and written explanation in the
Federal Register'' before the period at the end; and
(4) by adding at the end the following:
``(d) Transmission to Congress.--Not later than 180 days before the
effective date of a rule prescribed under this section, the Chief
Justice of the United States, or, if applicable, the chief judge of the
relevant judicial council, shall transmit to 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 of the United States, 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 defined in the
Judiciary Accountability Act of 2024, may be filed with the
Judicial Conference of the United States.
``(2) Transmittal by judicial conference.--Upon receipt of
a complaint filed under this subsection, the Judicial
Conference of the United States shall transmit the complaint in
accordance with subsection (c).''.
(c) 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 paragraphs (1)(C)
and (2) of section 354(a) is appropriate, the Judicial Conference shall
submit to Congress the determination and the record of the
proceedings.''.
(d) Expanded Definition of Judge.--Subsection (f)(1) of section 351
of title 28, United States Code, as redesignated by subsection (b) of
this section, is amended by striking ``or magistrate judge'' and
inserting ``magistrate judge, or an individual who was such a judge at
the time of the conduct described in a complaint''.
(e) 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) dismissing the complaint under subsection (b)(1); or
``(2) concluding that action on 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 to the resignation, retirement from office under chapter
17, or death of the judge whose conduct is the subject of the
complaint.''.
(f) 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 ``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.''.
(g) Expenses for Complainants and Third Parties.--Section 361 of
title 28, United States Code, is amended--
(1) by striking ``Upon'' and inserting the following:
``(a) For Judges.--Upon''; and
(2) by adding at the end the following:
``(b) For Complainants.--Upon the request of a complainant under
this chapter, 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 filing a complaint under this chapter.''.
(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 a current or
former covered employee, as defined in the Judiciary
Accountability Act of 2024, 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 to
the Judicial Conference a copy of a report of the
special committee under subsection (c) of that section.
``(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.--The Judicial Conference of the
United States shall submit to Congress an annual
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 365-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.
``(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.''.
SEC. 602. DISTRICT OF COLUMBIA COURTS.
(a) Application to District of Columbia Courts.--Subject to
subsections (b), (c), and (d) of this section, the laws made applicable
to the judicial branch of the Federal Government under section 102 of
this Act shall also be applicable to the courts of the District of
Columbia.
(b) Council of the District of Columbia Authority.--Notwithstanding
section 602(a)(4) of the District of Columbia Self-Government and
Governmental Reorganization Act (sec. 1-206.02(a)(4), D.C. Official
Code), and subject to subsection (c) of this section, the Council of
the District of Columbia may enact any act necessary to implement
subsection (a) of this section with respect to the courts of the
District of Columbia, including by providing for the reporting and
investigation of and remedies for violations of the laws made
applicable by subsection (a).
(c) No Effect on Judicial Tenure.--Nothing in this section shall
authorize any amendment to chapter 15 of title 11 of the District of
Columbia Official Code (relating to the appointment, removal, and
retirement of judges of the District of Columbia courts) or any
provision that would displace that chapter as the exclusive means by
which a judge of the District of Columbia courts may be removed from
office.
(d) Effective Date.--Subsection (a) shall take effect upon the
enactment of legislation by the Council of the District of Columbia
under the authority granted to it by subsection (b).
SEC. 603. UNITED STATES TAX COURT.
(a) Laws Made Applicable.--The laws made applicable to the judicial
branch of the Federal Government under section 102 of this Act shall be
applicable to the United States Tax Court:
(b) Definitions.--For purposes of this Act:
(1) Covered employee.--Employees of the employing units
described in subparagraph (B) shall be treated as covered
employees (as defined in section 101).
(2) Employing unit.--The following shall be treated as
employing units (as so defined):
(A) The United States Tax Court.
(B) A judge or special trial judge of the United
States Tax Court.
(C) A retired judge of the United States Tax Court
performing duties pursuant to section 7447(c) of the
Internal Revenue Code of 1986.
(D) A retired special trial judge of the United
States Tax Court performing duties pursuant to section
7447A(c) of the Internal Revenue Code of 1986.
(E) The clerk of the United States Tax Court.
(c) Special Provision Related to Judicial Councils and the Judicial
Conference.--In carrying out the provisions of this Act, the United
States Tax Court shall have the powers granted to a judicial council
under this Act.
(d) Regulations.--The United States Tax Court shall revise the
rules prescribed pursuant to section 7466(a) of the Internal Revenue
Code of 1986 to give effect to the amendments to chapter 16 of title
28, United States Code, made by section 601 of this Act.
SEC. 604. COURT OF APPEALS FOR VETERANS CLAIMS.
(a) Application to the Court of Appeals for Veterans Claims.--
(1) In general.--The laws made applicable to the judicial
branch of the Federal Government under section 102 of this Act
shall be applicable to the Court of Appeals for Veterans
Claims.
(2) Definitions.--For purposes of this Act:
(A) Covered employee.--The term ``covered
employee'' includes employees of the Court of Appeals
for Veterans Claims and the employing units defined in
subparagraph (B).
(B) Employing unit.--The term ``employing unit''
includes--
(i) the Court of Appeals for Veterans
Claims;
(ii) a judge of the Court of Appeals for
Veterans Claims and retired judge of the Court
of Appeals of Veterans Claims performing duties
pursuant to section 7257 of title 38, United
States Code; and
(iii) the Clerk of the Court of Appeals of
Veterans Claims.
(3) Covered employee.--Covered employees defined in
subsection (2)(A) shall enjoy all rights and remedies provided
under subtitle A of title II.
(b) Special Provision Related to Judicial Councils and the Judicial
Conference.--The Court of Appeals for Veterans Claims shall exercise
the powers provided to a judicial council under this Act, pursuant to
section 7253(g) of title 38, United States Code.
(c) Regulations.--The Court of Appeals for Veterans Claims shall
revise the rules prescribed pursuant to section 7253(g) of title 38,
United States Code, to give effect to the amendments to chapter 16 of
title 28, United States Code, enacted by section 601 of this Act.
SEC. 605. DISTRICT COURT OF GUAM.
(a) Application of Judicial Conduct and Disability Rules.--
(1) In general.--Section 351(d)(1) of title 28, United
States Code, is amended by inserting ``, including a judge and
magistrate judge of the District Court of Guam'' before the
period at the end.
(2) Judicial council and other offices.--
(A) Ninth circuit.--With respect to a judge of the
District Court of Guam, the clerk and chief judge of
the United States Court of Appeals for the Ninth
Circuit shall have the powers granted to a clerk and
chief judge, and the Judicial Council of the Ninth
Circuit shall have the powers granted to a judicial
council, under chapter 16 of title 28, United States
Code.
(B) Review.--
(i) In general.--The provisions of sections
354(b) through 360 of title 28, United States
Code, shall apply to the exercise by the
judicial council of the Ninth Circuit of the
powers of a judicial council under subparagraph
(A).
(ii) Determination.--
(I) In general.--The determination
pursuant to section 354(b) or 355 of
title 28, United States Code, shall be
made based on the grounds for removal
of a judge from office under section
24(a) of the Organic Act of Guam (48
U.S.C. 1424b(a)).
(II) Certification and
transmittal.--Certification and
transmittal by the Judicial Conference
of the United States of any complaint
shall be made to the President for
consideration under section 24(a) of
the Organic Act of Guam (48 U.S.C.
1424b(a)).
(b) Application of Judiciary Accountability Act.--
(1) In general.--The laws made applicable to the judicial
branch of the Federal Government under section 102 of this Act
shall be applicable to the District Court of Guam.
(2) Definitions.--For purposes of this Act:
(A) Covered employee.--The term ``covered
employee'' includes employees of the District Court of
Guam.
(B) Employing unit.--The District Court of Guam is
a district court of the United States under section
101(5)(A)(i)(II).
SEC. 606. DISTRICT COURT FOR THE NORTHERN MARIANA ISLANDS.
(a) Application of Judicial Conduct and Disability Rules.--
(1) In general.--Section 351(d)(1) of title 28, United
States Code, as amended by section 605 of this Act, is amended
by inserting ``, a judge and magistrate judge of the District
Court for the Northern Mariana Islands'' before the period at
the end.
(2) Judicial council and other offices.--
(A) Ninth circuit.--With respect to a judge of the
District Court for the Northern Mariana Islands, the
clerk and chief judge of the United States Court of
Appeals for the Ninth Circuit shall have the powers
granted to a clerk and chief judge, and the Judicial
Council of the Ninth Circuit shall have the powers
granted to a judicial council, under chapter 16 of
title 28, United States Code.
(B) Review.--
(i) In general.--The provisions of sections
354(b) through 360 of title 28, United States
Code, shall apply to the exercise by the
Judicial Council of the Ninth Circuit of the
powers of a judicial council under subparagraph
(A).
(ii) Determination.--
(I) In general.--The determination
pursuant to section 354(b) or 355 of
title 28, United States Code, shall be
made based on the grounds for removal
of a judge from office under subsection
(b) of the first section of Public Law
95-157 (48 U.S.C. 1821(b)).
(II) Certification and
transmittal.--Certification and
transmittal by the Judicial Conference
of the United States of any complaint
shall be made to the President for
consideration under subsection (b) of
the first section of Public Law 95-157
(48 U.S.C. 1821(b)).
(b) Application of Judiciary Accountability Act.--
(1) In general.--The laws made applicable to the judicial
branch of the Federal Government under section 102 of this Act
shall be applicable to the District Court for the Northern
Mariana Islands.
(2) Definitions.--For purposes of this Act:
(A) Covered employee.--The term ``covered
employee'' includes employees of the District Court for
the Northern Mariana Islands.
(B) Employing unit.--The District Court for the
Northern Mariana Islands is a district court of the
United States under paragraph (5)(A)(i)(II) of section
101.
SEC. 607. DISTRICT COURT OF THE VIRGIN ISLANDS.
(a) Application of Judicial Conduct and Disability Rules.--
(1) In general.--Section 351(d)(1) of title 28, United
States Code, as amended by section 606 of this Act, is amended
by inserting ``, and a judge and magistrate judge of the
District Court of the Virgin Islands'' before the period at the
end.
(2) Judicial council and other offices.--
(A) Third circuit.--With respect to a judge of the
District Court of the Virgin Islands, the clerk and
chief judge of the United States Court of Appeals for
the Third Circuit shall have the powers granted to a
clerk and chief judge, and the Judicial Council of the
Third Circuit shall have the powers granted to a
judicial council, under chapter 16 of title 28, United
States Code.
(B) Review.--
(i) In general.--The provisions of sections
354(b) through 360 of title 28, United States
Code, shall apply to the exercise by the
Judicial Council of the Third Circuit of the
powers of a judicial council under subparagraph
(A).
(ii) Determination.--
(I) In general.--The determination
pursuant to section 354(b) or 355 of
title 28, United States Code, shall be
made based on the grounds for removal
of a judge from office under section
24(a) of the Revised Organic Act of the
Virgin Islands (48 U.S.C. 1614(a)).
(II) Certification and
transmittal.--Certification and
transmittal by the Judicial Conference
of the United States of any complaint
shall be made to the President for
consideration under section 24(a) of
the Revised Organic Act of the Virgin
Islands (48 U.S.C. 1614(a)).
(b) Application of Judiciary Accountability Act.--
(1) In general.--The laws made applicable to the judicial
branch of the Federal Government under section 102 of this Act
shall be applicable to the District Court of the Virgin
Islands.
(2) Definitions.--For purposes of this Act:
(A) Covered employee.--The term ``covered
employee'' includes employees of the District Court of
the Virgin Islands.
(B) Employing unit.--The District Court of the
Virgin Islands is a district court of the United States
under paragraph (5)(A)(i)(II) of section 101.
SEC. 608. SUPREME COURT OF THE UNITED STATES.
(a) Application of Judicial Conduct and Disability Rules.--
(1) In general.--Section 351(d)(1) of title 28, United
States Code, as amended by section 607 of this Act, is amended
by inserting ``, and the Chief Justice of the United States or
an associate justice'' before the period at the end.
(2) Judicial council and other offices.--Section 363 of
title 28, United States Code, is amended by striking ``and the
Court of Appeals for the Federal Circuit'' and inserting ``the
Court of Appeals for the Federal Circuit, and the Supreme Court
of the United States''.
(b) Application of Judiciary Accountability Act.--
(1) In general.--The laws made applicable to the judicial
branch of the Federal Government under section 102 of this Act
shall be applicable to the Supreme Court of the United States.
(2) Definitions.--For purposes of this Act:
(A) Covered employee.--The term ``covered
employee'' includes employees of the Supreme Court of
the United States.
(B) Employing unit.--The term ``employing unit''
includes--
(i) the Supreme Court of the United States;
(ii) the Chief Justice of the United
States;
(iii) an associate justice;
(iv) the clerk, marshal, reporter, and
librarian of the Supreme Court of the United
States; and
(v) the Counselor to the Chief Justice.
SEC. 609. TRANSITION PROVISIONS.
(a) Current Employment Dispute Resolution Plans.--Subject to
subsection (b), all Employment Dispute Resolution Plans affecting an
employing unit that are in effect on the date of enactment of this Act
shall remain in effect, subject to ordinary modifications, until 1 year
after the date of enactment of this Act.
(b) Current and Future Claims and Proceedings.--
(1) Claims arising before enactment.--If, on the day before
the date of enactment of this Act, a covered employee has
pursued or could pursue a claim available to the employee under
processes outlined in an Employment Dispute Resolution Plan,
the employee may complete, or initiate and complete, those
processes, and the Employment Dispute Resolution Plan will
remain in effect with respect to, and provide the exclusive
means for, resolution of that claim until the completion of all
such processes.
(2) Claims arising between enactment and effective date.--
If a claim by a covered employee arises under section 201, 202,
or 203 on or after the date of enactment of this Act but before
the effective date specified in section 201(e), 202(d), or
203(e) respectively, the employee may elect to pursue the claim
as if the claim had arisen before that date of enactment,
pursuant to paragraph (1), or may wait to pursue the claim
after the effective date specified in section 201(e), 202(d),
or 203(e), respectively.
(c) Current Employees.--
(1) Directors of workplace relations.--Directors of
Workplace Relations currently serving in that role pursuant to
an Employment Dispute Resolution Plan shall continue in that
role until the earlier of--
(A) the appointment of a Director of Workplace
Relations for the relevant circuit by the Judicial
Integrity Officer; or
(B) 1 year after the enactment of this Act.
(2) Employment dispute resolution coordinators.--Employment
Dispute Resolution Coordinators currently serving in that role
pursuant to an Employment Dispute Resolution Plan will continue
to serve in that role until the earlier of--
(A) the appointment of an Employee Dispute
Resolution Coordinator for the relevant court by a
Director of Workplace Relations appointed under this
Act; or
(B) 1 year after the enactment of this Act.
(3) Rule of construction.--Nothing in this subsection shall
prevent--
(A) a Director of Workplace Relations or Employment
Dispute Resolution Coordinator from being appointed,
removed, or replaced until the conditions specified in
paragraphs (1) or (2) are satisfied;
(B) the appointment of an individual currently
serving as a Director of Workplace Relations to the
role of Director of Workplace Relations under this Act
by the Judicial Integrity Officer; or
(C) the appointment of an individual currently
serving as an Employment Dispute Resolution Coordinator
to the role of Employee Dispute Resolution Coordinator
under this Act by the relevant Director of Workplace
Relations.
(d) Employment Dispute Resolution Plan.--In this section, the term
``Employment Dispute Resolution Plan'' means an Employment Dispute
Resolution Plan established under the Federal Judiciary Model
Employment Dispute Resolution Plan adopted by the Judicial Conference
of the United States in September 2018, or a successor plan.
SEC. 610. SEVERABILITY.
If any provision of this Act, an amendment made by this Act, or the
application of such provision or amendment to any person or
circumstance is held to be unconstitutional, the remainder of this Act,
the amendments made by this Act, and the application of the provisions
of such to any person or circumstance shall not be affected thereby.
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