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[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 5168 Introduced in Senate (IS)]

<DOC>

118th CONGRESS
  2d Session
                                S. 5168

  To make certain antidiscrimination laws applicable to the judicial 
       branch of the Federal Government, and for other purposes.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                           September 25, 2024

  Ms. Hirono (for herself and Ms. Murkowski) introduced the following 
    bill; which was read twice and referred to the Committee on the 
                               Judiciary

_______________________________________________________________________

                                 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--MISCELLANEOUS PROVISIONS

Sec. 501. Improvements to judicial conduct and disability complaints 
                            process.
Sec. 502. District of Columbia courts.
Sec. 503. United States Tax Court.
Sec. 504. Court of Appeals for Veterans Claims.
Sec. 505. District Court of Guam.
Sec. 506. District Court for the Northern Mariana Islands.
Sec. 507. District Court of the Virgin Islands.
Sec. 508. Transition provisions.
Sec. 509. 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.--A Deputy Judicial Integrity Officer shall have 
        not more than 2 terms 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 General Counsel shall have not more than 2 
        terms 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 180-day period described in section 402(d).
            (5) Restrictions.--A confidential advisor appointed or 
        designated under paragraph (1)--
                    (A) shall not act as the designated representative 
                for any covered employee in connection with the covered 
                employee's participation in any proceeding, including 
                any proceeding under this Act, any judicial proceeding, 
                or any proceeding before 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.--For the fiscal year that 
includes the date of enactment of this Act, 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 180-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--MISCELLANEOUS PROVISIONS

SEC. 501. 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. 502. 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. 503. 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 501 of this Act.

SEC. 504. 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 501 of this Act.

SEC. 505. 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. 506. 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 505 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. 507. 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 506 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. 508. 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. 509. 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.
                                 <all>
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