II 

117TH CONGRESS 

1ST SESSION S. 2553 

To amend title 28, United States Code, to protect employees of the Federal 

judiciary from discrimination, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

JULY 29, 2021 

Ms. HIRONO (for herself, Mr. WHITEHOUSE, Mrs. MURRAY, and Mr. DURBIN) 

introduced the following bill; which was read twice and referred to the 

Committee on the Judiciary 

A BILL 

To amend title 28, United States Code, to protect employees 

of the Federal judiciary from discrimination, and for 

other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Judiciary Account5 ability Act of 2021’’. 


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1 SEC. 2. PROTECTING EMPLOYEES OF THE FEDERAL JUDI2 CIARY FROM DISCRIMINATION. 

3 (a) IN GENERAL.—Chapter 57 of title 28, United 

4 States Code, is amended by adding at the end the fol5 lowing: 

6 ‘‘§ 964. Protecting employees of the Federal judiciary 

7 from discrimination 

8 ‘‘(a) DISCRIMINATORY PRACTICES PROHIBITED.—All 

9 personnel actions (as such term is defined in section 

10 2302(a)(2) of title 5) affecting covered employees (as such 

11 term is defined in section 10 of the Judiciary Account12 ability Act of 2021) shall be made free from any discrimi13 nation based on— 

14 ‘‘(1) race, color, religion, sex (including sexual 

15 orientation or gender identity), or national origin, 

16 within the meaning of section 703 of the Civil 

17 Rights Act of 1964 (42 U.S.C. 2000e–2); 

18 ‘‘(2) age, within the meaning of section 15 of 

19 the Age Discrimination in Employment Act of 1967 

20 (29 U.S.C. 633a); or 

21 ‘‘(3) disability, within the meaning of section 

22 501 of the Rehabilitation Act of 1973 (29 U.S.C. 

23 791) and sections 102 through 104 of the Americans 

24 with Disabilities Act of 1990 (42 U.S.C. 12112– 

25 12114). 

26 ‘‘(b) REMEDY.— 


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1 ‘‘(1) CIVIL RIGHTS.—The remedy for a viola2 tion of subsection (a)(1) shall be— 

3 ‘‘(A) such remedy as would be appropriate 

4 if awarded under section 706(g) of the Civil 

5 Rights Act of 1964 (42 U.S.C. 2000e–5(g)); 

6 and 

7 ‘‘(B) such compensatory damages as would 

8 be appropriate if awarded under section 1977 

9 of the Revised Statutes (42 U.S.C. 1981), or as 

10 would be appropriate if awarded under sections 

11 1977A(a)(1), 1977A(b)(2), and, irrespective of 

12 the size of the employing office, 

13 1977A(b)(3)(D) of the Revised Statutes (42 

14 U.S.C. 1981a(a)(1), 1981a(b)(2), and 

15 1981a(b)(3)(D)). 

16 ‘‘(2) AGE DISCRIMINATION.—The remedy for a 

17 violation of subsection (a)(2) shall be— 

18 ‘‘(A) such remedy as would be appropriate 

19 if awarded under section 15(c) of the Age Dis20 crimination in Employment Act of 1967 (29 

21 U.S.C. 633a(c)); and 

22 ‘‘(B) such liquidated damages as would be 

23 appropriate if awarded under section 7(b) of 

24 such Act (29 U.S.C. 626(b)). 


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1 In addition, the waiver provisions of section 7(f) of 

2 such Act (29 U.S.C. 626(f)) shall apply to covered 

3 employees. 

4 ‘‘(3) DISABILITIES DISCRIMINATION.—The rem5 edy for a violation of subsection (a)(3) shall be— 

6 ‘‘(A) such remedy as would be appropriate 

7 if awarded under section 505(a)(1) of the Reha8 bilitation Act of 1973 (29 U.S.C. 794a(a)(1)) 

9 or section 107(a) of the Americans with Dis10 abilities Act of 1990 (42 U.S.C. 12117(a)); and 

11 ‘‘(B) such compensatory damages as would 

12 be appropriate if awarded under sections 

13 1977A(a)(2), 1977A(a)(3), 1977A(b)(2), and, 

14 irrespective of the size of the employing office, 

15 1977A(b)(3)(D) of the Revised Statutes (42 

16 U.S.C. 1981a(a)(2), 1981a(a)(3), 1981a(b)(2), 

17 and 1981a(b)(3)(D)). 

18 ‘‘(c) REPORT.—On an annual basis, the judicial 

19 council of each circuit shall submit to Congress a report 

20 that includes, for the previous year, hiring statistics for 

21 the circuit, each court of the United States for the circuit, 

22 each Federal Public Defender Organization described in 

23 section 3006A(g)(2)(A) of title 18 that is associated with 

24 the circuit, and each office or agency referred to in section 


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1 10(2)(A) of the Judiciary Accountability Act of 2021 that 

2 is associated with the circuit.’’. 

3 (b) CLERICAL AMENDMENT.—The table of sections 

4 for chapter 57 of title 28, United States Code, is amended 

5 by adding at the end the following: 

‘‘964. Protecting employees of the Federal judiciary from discrimination.’’. 

6 SEC. 3. PROTECTING WHISTLEBLOWERS IN THE FEDERAL 

7 JUDICIARY FROM RETALIATION. 

8 (a) IN GENERAL.—Chapter 57 of title 28, United 

9 States Code, as amended by this Act, is further amended 

10 by adding at the end the following: 

11 ‘‘§ 965. Protecting whistleblowers from retaliation 

12 ‘‘(a) IN GENERAL.—No justice, judge, covered em13 ployee, or contractor or subcontractor of an office or agen14 cy in the judicial branch of the Federal Government may 

15 discharge, demote, threaten, suspend, harass, or in any 

16 other manner discriminate against a covered employee (as 

17 such term is defined in section 10 of the Judiciary Ac18 countability Act of 2021) in the terms and conditions of 

19 employment because of any lawful act done by the covered 

20 employee or perceived to have been done by the covered 

21 employee or any person perceived to be associated with 

22 or assisting the covered employee to provide information, 

23 cause information to be provided, or otherwise assist in 

24 an investigation regarding any possible violation of Fed25 eral law, rule, or regulation or misconduct by a justice, 


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1 judge, contractor or subcontractor with an office or agency 

2 of the judicial branch of the Federal Government, or cov3 ered employee. 

4 ‘‘(b) REMEDY.—A court may order such legal or eq5 uitable relief as may be necessary to eliminate the direct 

6 and indirect effects of a violation of subsection (a). 

7 ‘‘(c) BURDEN OF PROOF.—Proceedings to determine 

8 a violation shall be governed by the legal burdens of proof 

9 specified in section 1221(e) of title 5. 

10 ‘‘(d) VENUE.—Notwithstanding section 1391, an ac11 tion under this section may be filed in any United States 

12 district court.’’. 

13 (b) CLERICAL AMENDMENT.—The table of sections 

14 for chapter 57 of title 28, United States Code, as amended 

15 by this Act, is further amended by adding at the end the 

16 following: 

‘‘965. Protecting whistleblowers from retaliation.’’. 

17 SEC. 4. ESTABLISHMENT OF THE COMMISSION ON JUDI18 CIAL INTEGRITY. 

19 (a) COMMISSION.—There is established in the judicial 

20 branch of the Federal Government the Commission on Ju21 dicial Integrity. 

22 (b) MEMBERSHIP.—The membership of the Commis23 sion consists of the following 16 members: 

24 (1) PRESIDENTIAL APPOINTMENT.—The fol25 lowing 3 members appointed by the President: 


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1 (A) A Chair selected from a list of not 

2 more than 3 candidates recommended by the 

3 concurrence of the Council of the Inspectors 

4 General on Integrity and Efficiency. 

5 (B) A Vice Chair selected from a list of 

6 not more than 3 candidates recommended by 

7 the Equal Employment Opportunity Commis8 sion. 

9 (C) A Vice Chair selected from a list of not 

10 more than 3 candidates recommended by the 

11 United States Commission on Civil Rights. 

12 (2) EXPERT REPRESENTATION.—The following 

13 7 members selected by a recorded vote (which shall 

14 be made available on uscourts.gov, or any successor 

15 thereto, along with the transcript of the proceedings 

16 and any additional statements by individual mem17 bers of the Judicial Conference) of the Judicial Con18 ference of the United States after consultation with 

19 the majority and minority leaders of the Senate, the 

20 Speaker and minority leader of the House of Rep21 resentatives, the Council of the Inspectors General 

22 on Integrity and Efficiency, the Equal Employment 

23 Opportunity Commission, and the United States 

24 Commission on Civil Rights: 


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1 (A) 2 members with substantial experience 

2 in alternative dispute resolution regarding 

3 workplace misconduct. 

4 (B) 2 members with substantial experience 

5 in enforcing and investigating civil rights laws 

6 against workplace discrimination, including 1 

7 member with experience representing employ8 ees. 

9 (C) 1 member with substantial experience 

10 working in the office of an inspector general of 

11 an agency. 

12 (D) 1 member with substantial experience 

13 on a State judicial conduct commission or 

14 equivalent State body. 

15 (E) 1 member with experience providing li16 censed counseling and other support for victims 

17 of harassment, sexual assault, discrimination, 

18 or retaliation. 

19 (3) JUDICIAL REPRESENTATION.—2 Federal 

20 judges selected by the members appointed under 

21 paragraphs (1) and (2) from a list of 6 judges rec22 ommended by a recorded vote of the Judicial Con23 ference, who— 

24 (A) do not serve in the same judicial dis25 trict or circuit; and 


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1 (B) have not been found to have engaged 

2 in judicial misconduct, including workplace mis3 conduct. 

4 (4) EMPLOYEE REPRESENTATION.—The fol5 lowing 4 members selected by the Chair and Vice 

6 Chairs: 

7 (A) 2 current employees of the judicial 

8 branch of the Federal Government who— 

9 (i) do not serve in the same court, cir10 cuit, agency, or office; 

11 (ii) have been employed by the judicial 

12 branch of the Federal Government for at 

13 least 5 years; and 

14 (iii) do not serve in senior executive 

15 positions. 

16 (B) 2 members who have completed a judi17 cial clerkship within the 4 years immediately 

18 preceding such selection. 

19 (c) BASIS FOR SELECTION.— 

20 (1) IN GENERAL.—The members shall be se21 lected solely on the basis of integrity and dem22 onstrated ability in their respective fields. Members 

23 shall have training or experience in the application 

24 of the rights, protections, procedures, and remedies, 


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1 or their equivalents under State or Federal law, 

2 made applicable under this Act. 

3 (2) LIMITATIONS.—Except as provided in para4 graphs (3) and (4)(A) of subsection (b), no member 

5 may be— 

6 (A) a current officer or employee of the ju7 dicial branch of the Federal Government; 

8 (B) a former director or deputy director of 

9 the Administrative Office of United States 

10 Courts; and 

11 (C) a current officer or employee of the 

12 legislative or executive branches. 

13 (d) TERMS OF OFFICE.— 

14 (1) IN GENERAL.—The members shall serve for 

15 4 years terms, except that the first members shall 

16 be staggered so that— 

17 (A) the Chair and 1 Vice Chair, as des18 ignated by the President, serve terms of 5 

19 years; 

20 (B) 3 members appointed under subsection 

21 (b)(2), as designated by the Judicial Con22 ference, serve terms of 5 years; 

23 (C) 1 member appointed under subsection 

24 (b)(3), as designated by the Chair and Vice 

25 Chairs, serves a term of 5 years; 


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1 (D) 1 member appointed under subsection 

2 (b)(4), as designated by the Chair and Vice 

3 Chairs, serves a term of 5 years; and 

4 (E) all other members initially appointed 

5 serve terms of 4 years. 

6 (2) SERVICE UNTIL SUCCESSOR APPOINTED.—A 

7 member whose term has expired may continue to 

8 serve until the date on which a successor has taken 

9 office. 

10 (e) REMOVAL.—A member may be removed from of11 fice by a majority vote, made on the record in an open 

12 meeting, of the Judicial Conference of the United States, 

13 with each vote recorded and accompanied by a statement 

14 explaining the reason for said vote, subject to the fol15 lowing: 

16 (1) The removal of a member may only be initi17 ated in the event of permanent incapacity, ineffi18 ciency, neglect of duty, or malfeasance. 

19 (2) The Judicial Conference shall communicate 

20 the reasons for any such removal to both Houses of 

21 Congress and the Commission within 14 days of said 

22 removal. 

23 (f) DUTIES.—The Commission shall oversee a work24 place misconduct prevention program that is consistent 

25 with prevailing best practices and that includes— 


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1 (1) a comprehensive workplace misconduct pol2 icy; 

3 (2) a nationwide confidential reporting system 

4 that is readily accessible to current and former em5 ployees of the judicial branch of the Federal Govern6 ment, law schools, and other potential complainants, 

7 including those who may interact with judges and 

8 senior executives in professional settings outside the 

9 judicial branch of the Federal Government; 

10 (3) a comprehensive training program on work11 place behavior and bystander intervention; 

12 (4) metrics for workplace misconduct response 

13 and prevention in supervisory employees’ perform14 ance reviews; 

15 (5) a system for independently investigating re16 ports of workplace misconduct that ensures such in17 vestigations are comprehensive, timely, effective, and 

18 trusted; 

19 (6) standards for the imposition of prompt, con20 sistent, and proportionate disciplinary and corrective 

21 action if workplace misconduct is determined to have 

22 concurred; 

23 (7) making publicly available, not less fre24 quently than annually, anonymized reports of aggreVerDate Sep 11 2014 17:17 Aug 05, 2021 Jkt 019200 PO 00000 Frm 00012 Fmt 6652 Sfmt 6201 E:\BILLS\S2553.IS S2553

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1 gate formal and informal complaints of workplace 

2 misconduct received and responsive actions taken; 

3 (8) making publicly available annual reports of 

4 the number of individuals who were interviewed for 

5 full-time positions, including judicial clerkships, with 

6 a court of the United States, an office or agency de7 scribed in chapter 15 or part III of title 28, United 

8 States Code, or a defender organization described in 

9 section 3006A(g) of title 18, United States Code, 

10 and who were hired for such positions, which shall 

11 be disaggregated by judicial circuit and judicial 

12 branch agency, by sex (including by sexual orienta13 tion and gender identity), by disability, and by the 

14 ethnic and the racial categories in the most recent 

15 decennial census (or similar categories), with year16 to-year trends of the most recent 10 years for which 

17 data are available, to the extent practicable; 

18 (9) making publicly available biennial workplace 

19 climate assessments that include surveys of current 

20 and former employees and interviews and focus 

21 groups of randomly selected current and former em22 ployees; 

23 (10) conducting annual audits of the efficacy of 

24 the workplace misconduct prevention program; and 


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1 (11) ensuring that the elements of the work2 place misconduct prevention program are easy to un3 derstand, easy to access and use, and are regularly 

4 communicated to all employees. 

5 (g) ADDITIONAL DUTIES.—The Commission shall 

6 also— 

7 (1) select and advise the Special Counsel for 

8 Equal Employment Opportunity appointed under 

9 section 6; 

10 (2) select and supervise the Judicial Integrity 

11 Officer appointed under section 5; 

12 (3) supervise the Office of Employee Advocacy 

13 established under section 7 and select the Chief 

14 Counsel for Employee Advocacy under section 7; 

15 (4) maintain policies, practices, procedures, and 

16 codes of conduct that— 

17 (A) preserve the integrity of the Commis18 sion and the offices and programs established 

19 under this Act; 

20 (B) maintain the confidence of covered em21 ployees in the Commission and the offices and 

22 programs established under this Act; and 

23 (C) guarantee procedural rights to individ24 uals during investigations and dispute resolu25 tion proceedings under this Act; 


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1 (5) no less than every 4 years, recommend to 

2 the Judicial Conference, after notice and opportunity 

3 for comment, revisions to the Judicial Conduct and 

4 Disability Rules, the Code of Conduct for Judiciary 

5 Employees, the Code of Conduct for Federal Public 

6 Defender Employees, and the Code of Conduct for 

7 United States Judges; 

8 (6) ensure that the Judicial Conference, Con9 gress, and the public are kept informed of— 

10 (A) the work of the Commission; 

11 (B) the workplace climate and culture in 

12 the judicial branch of the Federal Government, 

13 including the incidence of workplace mis14 conduct; and 

15 (C) the efficacy of the workplace mis16 conduct prevention program overseen by the 

17 Commission; 

18 (7) establish general policies and promulgate 

19 such rules and regulations for the Commission as 

20 are necessary to carry out the purposes of this Act; 

21 (8) appoint and fix the salary and duties of the 

22 Staff Director, who shall serve at the discretion of 

23 the Commission and who shall be compensated at an 

24 annual rate not to exceed 92 percent of the annual 


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1 rate of pay in effect for the Director of the Adminis2 trative Office of United States Courts; 

3 (9) retain private attorneys (who, when serving 

4 as officers or employees of the United States, shall 

5 be considered special government employees as de6 fined in section 202(a) of title 18, United States 

7 Code) to provide legal advice to the Commission in 

8 the conduct of its work, or to appear for or rep9 resent the Commission in any case in which the 

10 Commission is authorized by law to represent itself; 

11 and 

12 (10) in its discretion, pay reasonable attorney’s 

13 fees to private attorneys employed by the Commis14 sion out of amounts appropriated to the Commis15 sion. 

16 (h) DIRECTOR AND STAFF.— 

17 (1) DIRECTOR.—The Staff Director shall super18 vise the activities of persons employed by the Com19 mission and perform other duties assigned to the 

20 Staff Director by the Commission. 

21 (2) STAFF.— 

22 (A) IN GENERAL.—The Staff Director 

23 shall, subject to the approval of the Commis24 sion, appoint such officers and employees as are 


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1 necessary in the execution of the functions of 

2 the Commission. 

3 (B) APPLICATION OF TITLE 5.—The offi4 cers and employees of the Commission shall be 

5 exempt from the provisions of part III of title 

6 5, United States Code, except the following: 

7 chapters 45 (Incentive Awards), 63 (Leave), 81 

8 (Compensation for Work Injuries), 83 (Retire9 ment), 85 (Unemployment Compensation), 87 

10 (Life Insurance), and 89 (Health Insurance), 

11 and subchapter VI of chapter 55 (Payment for 

12 accumulated and accrued leave). 

13 (C) PAY.—The annual rates of pay of the 

14 officers and employees of the Commission, other 

15 than the Staff Director, shall be fixed at rates 

16 not to exceed the annual rate of basic pay for 

17 positions at level IV of the Executive Schedule 

18 under section 5315 of title 5, United States 

19 Code. 

20 (i) COMPENSATION.— 

21 (1) IN GENERAL.—The Chair and Vice Chairs 

22 of the Commission shall hold full-time positions and 

23 shall be compensated during their terms of office at 

24 the annual rate at which judges of the United States 

25 courts of appeals are compensated. 


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1 (2) PER DIEM.— 

2 (A) RATE OF COMPENSATION FOR EACH

3 DAY.—Each other member of the Commission 

4 shall be compensated, for each day (including 

5 travel time) during which such member is en6 gaged in the performance of the duties of the 

7 Commission, at the daily equivalent of the an8 nual rate of pay payable to judges of the United 

9 States courts of appeals. 

10 (B) AUTHORITY TO PRORATE.—The rate 

11 of pay of a member may be prorated based on 

12 the portion of the day during which the member 

13 is engaged in the performance of Commission 

14 duties. 

15 (3) TRAVEL EXPENSES.—Each member of the 

16 Commission shall receive travel expenses, including 

17 per diem in lieu of subsistence, at rates authorized 

18 for employees of agencies under subchapter I of 

19 chapter 57 of title 5, United States Code, for each 

20 day the member is engaged in the performance of 

21 duties away from the home or regular place of busi22 ness of the member. 

23 (j) GAO AUDIT.—Not later than 180 days after the 

24 date of enactment of this Act, and annually thereafter, 

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1 duct a study of the management, governance structure, 

2 and independence of the Commission. 

3 SEC. 5. OFFICE OF JUDICIAL INTEGRITY. 

4 (a) ESTABLISHMENT.—There is established in the ju5 dicial branch of the Federal Government the Office of Ju6 dicial Integrity (in this section referred to as the ‘‘OJI’’). 

7 (b) APPOINTMENT, TERM, AND REMOVAL OF JUDI8 CIAL INTEGRITY OFFICER.— 

9 (1) APPOINTMENT.—The head of the OJI shall 

10 be the Judicial Integrity Officer, who shall be ap11 pointed by the Commission, after consultation with 

12 the Judicial Conference of the United States. 

13 (2) QUALIFICATIONS.—The Judicial Integrity 

14 Officer shall, by demonstrated ability, background, 

15 training, or experience, be especially qualified to 

16 carry out the functions of the position. 

17 (3) TERM.—The Judicial Integrity Officer shall 

18 serve for a term of 4 years, and may be reappointed 

19 by the Commission, after public notice and oppor20 tunity to comment and consultation with the Judi21 cial Conference of the United States, for an addi22 tional term. 

23 (4) REMOVAL.—The Judicial Integrity Officer 

24 may be removed from office by a majority vote of 


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1 the Judicial Conference of the United States, subject 

2 to the following: 

3 (A) The removal of the Judicial Integrity 

4 Officer may only be initiated in the event of 

5 permanent incapacity, inefficiency, neglect of 

6 duty, or malfeasance. 

7 (B) The Judicial Conference shall commu8 nicate the reasons for any such removal to both 

9 Houses of Congress and the Commission not 

10 later than 14 days after removal. 

11 (c) STAFFING.— 

12 (1) IN GENERAL.—The Judicial Integrity Offi13 cer shall, after consultation with the Commission, 

14 develop a staffing plan which shall include, at a min15 imum— 

16 (A) 6 deputies; 

17 (B) a Director of Workplace Relations 

18 for— 

19 (i) each judicial circuit; 

20 (ii) the Court of International Trade; 

21 (iii) the Court of Federal Claims; 

22 (iv) each Federal Public Defender Or23 ganization described in section 

24 3006A(g)(2)(A) of title 18, United States 

25 Code; and 


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1 (v) each judicial branch agency not 

2 described in clauses (i) through (iv); 

3 (C) at least 2 employee dispute resolution 

4 coordinators for— 

5 (i) each judicial district; 

6 (ii) each judicial circuit; 

7 (iii) the Court of International Trade; 

8 and 

9 (iv) the Court of Federal Claims; and 

10 (D) a sufficient number of employee dis11 pute resolution coordinators for every other ju12 dicial branch agency. 

13 (2) PUBLICATION OF QUALIFICATIONS.—The 

14 Commission shall develop and, after public notice 

15 and opportunity for comment, post the qualifications 

16 for the positions described in this subsection. 

17 (d) DUTIES.—With respect to the judicial branch of 

18 the Federal Government, the OJI shall, consistent with 

19 prevailing best practices, perform the following: 

20 (1) Administer the following elements of the 

21 workplace misconduct prevention program under sec22 tion 4(f): 

23 (A) The comprehensive workplace mis24 conduct policy. 


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1 (B) The nationwide, confidential reporting 

2 system. 

3 (C) In consultation with the Federal Judi4 cial Center, the comprehensive training pro5 gram on workplace behavior and bystander 

6 intervention. 

7 (D) The development of metrics for work8 place misconduct response and prevention in su9 pervisory employees’ performance reviews. 

10 (E) The development and maintenance of 

11 an employee dispute resolution program. 

12 (F) Regular public reporting of 

13 anonymized workplace misconduct complaints 

14 received and responsive action taken. 

15 (G) Regular public reporting of the num16 ber of individuals who were interviewed for judi17 cial clerkship positions and who were hired for 

18 such positions, disaggregated by circuit, by sex 

19 (including by sexual orientation and gender 

20 identity), by disability, and by the ethnic and 

21 the racial categories in the most recent decen22 nial census (or similar categories). 

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1 seling regarding compliance with this Act (and the 

2 amendments made by this Act). 

3 (3) Tracking complaints and investigations of 

4 workplace misconduct, as well as remedies for such 

5 workplace misconduct. 

6 (4) Compile anonymized statistics on— 

7 (A) the use of the confidential reporting 

8 system described in section 4(f)(2), including 

9 the number and type of contacts made with the 

10 OJI; 

11 (B) the reason for such contacts; 

12 (C) the number of covered employees who 

13 initiated proceedings with the OJI under this 

14 section and the result of such proceedings; and 

15 (D) the number of covered employees who 

16 filed a claim, the basis for the claim, and the 

17 action taken on the claim. 

18 (e) POWERS.—In carrying out the duties of the OJI, 

19 the Judicial Integrity Officer shall have the power to— 

20 (1) make investigations and reports; 

21 (2) obtain information or assistance from any 

22 Federal, State, or local governmental agency, or 

23 other entity, or unit thereof, including all informa24 tion kept in the course of business by the Judicial 

25 Conference of the United States, the judicial council 


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1 of any circuit, the Administrative Office of the 

2 United States Courts, the Federal Judicial Center, 

3 the United States Sentencing Commission, and a de4 fender organization described in section 3006A(g) of 

5 title 18, United States Code; 

6 (3) employ such officers and employees as the 

7 Judicial Integrity Officer determines appropriate, 

8 subject to the provisions of title 5, United States 

9 Code, governing appointments in the competitive 

10 service, and the provisions of chapter 51 and sub11 chapter III of chapter 53 of such title relating to 

12 classification and General Schedule pay rates; 

13 (4) obtain services as authorized by section 

14 3109 of title 5, United States Code, at daily rates 

15 not to exceed the equivalent rate for a position at 

16 level IV of the Executive Schedule under section 

17 5315 of such title; and 

18 (5) to the extent and in such amounts as may 

19 be provided in advance by appropriations Acts— 

20 (A) enter into contracts and other arrange21 ments for audits, studies, analyses, and other 

22 services with public agencies and with private 

23 persons; and 

24 (B) make such payments as may be nec25 essary to carry out the duties of the OJI. 


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1 (f) REPORTS.— 

2 (1) WHEN TO BE MADE.—The Judicial Integ3 rity Officer shall— 

4 (A) make an annual report to the Commis5 sion, the Judicial Conference, the judicial coun6 cil for each circuit, and to Congress relating to 

7 the activities of the OJI; and 

8 (B) make prompt reports to the Commis9 sion, the Judicial Conference, the judicial coun10 cil of a circuit, or Congress on matters that 

11 may require action by the Judicial Conference, 

12 the judicial council of the circuit, or Congress, 

13 respectively. 

14 (2) SENSITIVE MATTER.—If a report contains 

15 sensitive matter, the Judicial Integrity Officer may 

16 so indicate and the Commission, Judicial Con17 ference, judicial council of a circuit, or Congress 

18 may receive that report in closed session. 

19 SEC. 6. SPECIAL COUNSEL FOR EQUAL EMPLOYMENT OP20 PORTUNITY. 

21 (a) ESTABLISHMENT.—There is established in the ju22 dicial branch of the Federal Government the Office of Spe23 cial Counsel for Equal Employment Opportunity (in this 

24 section referred to as the ‘‘Office’’). 

25 (b) APPOINTMENT AND TERM.— 


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1 (1) APPOINTMENT.—The head of the Office 

2 shall be the Special Counsel for Equal Employment 

3 Opportunity (in this section referred to as the ‘‘Spe4 cial Counsel’’), who shall be appointed by the Com5 mission, after consultation with the Judicial Con6 ference of the United States and the Council of the 

7 Inspectors General on Integrity and Efficiency. 

8 (2) TERM.—The Special Counsel shall serve for 

9 a single term of 5 years. 

10 (c) QUALIFICATIONS.—The Special Counsel shall, by 

11 demonstrated ability, background, training, or experience, 

12 be especially qualified to carry out the functions of the 

13 position, and shall not be a current or former officer or 

14 employee of the judicial branch of the Federal Govern15 ment. 

16 (d) REMOVAL.—The Special Counsel may be removed 

17 from office by a majority vote of the Judicial Conference 

18 of the United States, with each vote recorded and accom19 panied by a statement explaining the reason for said vote, 

20 subject to the following: 

21 (1) The removal of the Special Counsel may 

22 only be initiated in the event of permanent inca23 pacity, inefficiency, neglect of duty, or malfeasance. 

24 (2) The Judicial Conference shall communicate 

25 the reasons for any such removal to both Houses of 


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1 Congress and the Commission within 14 days of said 

2 removal. 

3 (e) DUTIES.—With respect to the judicial branch of 

4 the Federal Government, the Office shall— 

5 (1) conduct investigations of alleged workplace 

6 misconduct in the judicial branch of the Federal 

7 Government and any policies or procedures promul8 gated under this Act that may require oversight or 

9 other action within the judicial branch of the Fed10 eral Government or by Congress; 

11 (2) conduct and supervise audits and investiga12 tions regarding workplace misconduct and com13 plaints; 

14 (3) assist in the conduct of investigations pur15 suant to section 353 of title 28, United States Code; 

16 (4) conduct annual audits in accordance with 

17 section 4(f)(10); and 

18 (5) conduct biennial workplace climate assess19 ments in accordance with section 4(f)(9) and sub20 section (f) of this section. 

21 (f) WORKPLACE CULTURE ASSESSMENT OF EMPLOY22 ING OFFICES.— 

23 (1) REQUIREMENT TO CONDUCT ASSESS24 MENT.—Not later than 90 days after the appoint25 ment of the first Special Counsel under this section, 


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1 and every year thereafter, the Special Counsel shall 

2 conduct an assessment of the workplace culture of 

3 agencies and offices employing covered employees. 

4 Such assessment shall be consistent with prevailing 

5 best practices and shall include the following: 

6 (A) Indicators of positive and negative 

7 trends for maintaining a safe, respectful, di8 verse, and inclusive workplace. 

9 (B) The specific types of workplace mis10 conduct that have occurred, and the incidence 

11 of such misconduct. 

12 (C) The effectiveness of the policies of the 

13 judicial branch of the Federal Government de14 signed to prevent and remedy workplace mis15 conduct. 

16 (D) The effectiveness of the processes of 

17 the judicial branch of the Federal Government 

18 for complaints on and investigations into work19 place misconduct. 

20 (E) Any other issues relating to workplace 

21 misconduct as the Commission considers appro22 priate. 

23 (F) A secure, confidential, and anonymous 

24 survey of current and former employees who 

25 have departed after the last such assessment. 


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1 (G) Focus groups and confidential indi2 vidual interviews of randomly selected current 

3 and former employees. 

4 (H) The first such assessment shall in5 clude a survey of current covered employees and 

6 former covered employees who were employed 

7 as a covered employee during the 10-year pe8 riod ending on the date of enactment of this 

9 Act. 

10 (2) CONSULTATION WITH COMMITTEES.—The 

11 Special Counsel shall carry out this subsection in 

12 consultation with the Committee on the Judiciary of 

13 the House of Representatives, the Committee on 

14 Oversight and Reform of the House of Representa15 tives, and the Committee on the Judiciary of the 

16 Senate. 

17 (3) PUBLIC REPORT.—An anonymized report 

18 on the results of each assessment under this sub19 section shall be made publicly available not later 

20 than 30 days after the completion of the assessment. 

21 (g) REPORT TO CONGRESS.—Upon the completion of 

22 any audit by the Special Counsel, the Special Counsel shall 

23 submit to Congress a report containing the results of the 

24 audit. 

25 (h) POWERS.— 


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1 (1) POWERS.—In carrying out the duties of the 

2 Office, the Special Counsel shall have the power to— 

3 (A) make investigations, audits, and re4 ports; 

5 (B) obtain assistance from any agency of 

6 the judicial branch of the Federal Government, 

7 including the Judicial Conference of the United 

8 States, the judicial council of each circuit, the 

9 Administrative Office of the United States 

10 Courts, the Federal Judicial Center, the United 

11 States Sentencing Commission, and a defender 

12 organization described in section 3006A(g) of 

13 title 18, United States Code; 

14 (C) require, by subpoena or otherwise, the 

15 attendance and testimony of such witnesses, 

16 and the production of such books, records, cor17 respondence, memoranda, papers, and docu18 ments, which subpoena, in the case of contu19 macy or refusal to obey, shall be enforceable by 

20 civil action; 

21 (D) administer to or take from any person 

22 an oath, affirmation, or affidavit; 

23 (E) employ such officers and employees as 

24 the Special Counsel determines appropriate, 

25 subject to the provisions of title 5, United 


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1 States Code, governing appointments in the 

2 competitive service, and the provisions of chap3 ter 51 and subchapter III of chapter 53 of such 

4 title relating to classification and General 

5 Schedule pay rates; 

6 (F) obtain services as authorized by sec7 tion 3109 of title 5, United States Code, at 

8 daily rates not to exceed the equivalent rate for 

9 a position at level IV of the Executive Schedule 

10 under section 5315 of such title; and 

11 (G) to the extent and in such amounts as 

12 may be provided in advance by appropriations 

13 Acts— 

14 (i) enter into contracts and other ar15 rangements for audits, studies, analyses, 

16 and other services with public agencies and 

17 with private persons; and 

18 (ii) make such payments as may be 

19 necessary to carry out the duties of the Of20 fice. 

21 (2) LIMITATION.—The Special Counsel shall 

22 not have the authority to investigate or review any 

23 matter that is directly related to the merits of a de24 cision or procedural ruling by any judge, justice, or 

25 court. 


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1 (i) REPORTS.— 

2 (1) WHEN TO BE MADE.—The Special Counsel 

3 shall— 

4 (A) make an annual report to the Commis5 sion, the Judicial Conference, the judicial coun6 cil of each circuit, and Congress relating to the 

7 activities of the Office; and 

8 (B) make prompt reports to the Commis9 sion, the Judicial Conference, the judicial coun10 cil of a circuit, Congress, and the Department 

11 of Justice on matters that may require action 

12 by the Commission, the Judicial Conference, 

13 the judicial council of the circuit, Congress, or 

14 the Department of Justice. 

15 (2) SENSITIVE MATTER.—If a report contains 

16 sensitive matter, the Special Counsel may so indicate 

17 and the Commission, the Judicial Conference, the 

18 judicial council of a circuit, and to Congress may re19 ceive that report in closed session. 

20 SEC. 7. OFFICE OF EMPLOYEE ADVOCACY. 

21 (a) ESTABLISHMENT.—There is established in the ju22 dicial branch of the Federal Government the Office of Em23 ployee Advocacy (in this section referred to as the 

24 ‘‘OEA’’). 

25 (b) DIRECTOR OF EMPLOYEE ADVOCACY.— 


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1 (1) APPOINTMENT.—The head of the OEA 

2 shall be the Director of Employee Advocacy, who 

3 shall be appointed by the Commission, after con4 sultation with the Judicial Conference of the United 

5 States, the Equal Employment Opportunity Com6 mission, and the United States Commission on Civil 

7 Rights. 

8 (2) TERM.—The Director shall serve for a sin9 gle term of 5 years. 

10 (3) QUALIFICATIONS.—The Director shall, by 

11 demonstrated ability, background, training, or expe12 rience, be especially qualified to carry out the func13 tions of the position. 

14 (c) FUNCTIONS.— 

15 (1) LEGAL ASSISTANCE, CONSULTATION, AND

16 REPRESENTATION.—Subject to paragraph (5), the 

17 OEA shall carry out the following functions: 

18 (A) Receive complaints from any covered 

19 employee in the judiciary branch of the Federal 

20 Government of workplace misconduct. 

21 (B) Provide confidential support and infor22 mation, including referrals to medical and men23 tal health care. 

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1 graph (A) under this Act and chapter 16 of 

2 title 28, United States Code, regarding the pro3 cedures under this Act and such chapter 16 and 

4 the procedures applicable to civil actions arising 

5 under this Act and such chapter 16, includ6 ing— 

7 (i) the roles and responsibilities of the 

8 Commission, the Office of Judicial Integ9 rity, the Special Counsel for Equal Em10 ployment Opportunity, the judicial councils 

11 of the circuits, the Directors of Workplace 

12 Relations, the employee dispute resolution 

13 coordinators described in section 

14 5(c)(1)(C), and similar authorities; 

15 (ii) any proceedings conducted under 

16 this Act and chapter 16 of title 28, United 

17 States Code; 

18 (iii) the authority of the Special Coun19 sel for Equal Employment Opportunity to 

20 compel cooperation and testimony under 

21 investigations and proceedings conducted 

22 under this Act; and 

23 (iv) the employee’s rights and duties 

24 relating to such proceedings. 


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1 (D) Provide legal assistance and represen2 tation— 

3 (i) in personal civil legal matters re4 lated to the initiation of or participation in 

5 proceedings under this Act by a covered 

6 employee in the judiciary branch of the 

7 Federal Government; and 

8 (ii) in any proceedings under chapter 

9 16 of title 28, United States Code, or this 

10 Act, or before any other administrative or 

11 judicial body related to the alleged viola12 tions of such chapter 16 or this Act which 

13 are the subject of the proceedings initiated 

14 by the covered employee, or the pro15 ceedings in which the covered employee 

16 participates. 

17 (E) Operate a hotline through which cov18 ered employees in the judiciary branch of the 

19 Federal Government may contact the OEA. 

20 (2) AUTHORITY TO PROVIDE ASSISTANCE IN

21 ANY JURISDICTION.—Notwithstanding any law re22 garding the licensure of attorneys, an attorney who 

23 is employed by the OEA and is authorized to provide 

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1 resentation in any jurisdiction, subject to such regu2 lations as may be prescribed by the OEA. 

3 (3) NATURE OF RELATIONSHIP.—The relation4 ship between the OEA and an employee to whom the 

5 OEA provides legal assistance, consultation, and 

6 representation under this section shall be the rela7 tionship between an attorney and client. 

8 (4) PROHIBITING ACCEPTANCE OF AWARD OF

9 ATTORNEY FEES OR OTHER COSTS.—The OEA may 

10 not accept any award of attorney fees or other litiga11 tion expenses or costs under any hearing or civil ac12 tion brought under this Act. 

13 (5) PROHIBITING ASSISTANCE IN OTHER MAT14 TERS OR PROCEEDINGS.—The OEA may not provide 

15 any legal assistance, consultation, or representation 

16 with respect to any matter or proceeding which does 

17 not arise under this Act or chapter 16 of title 28, 

18 United States Code. 

19 SEC. 8. ACCOUNTABILITY FOR JUDICIAL MISCONDUCT. 

20 (a) ESTABLISHING DISCRIMINATION AND RETALIA21 TION AS JUDICIAL MISCONDUCT.—Section 358 of title 28, 

22 United States Code, is amended— 

23 (1) by striking subsection (a) and inserting the 

24 following: 


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1 ‘‘(a) IN GENERAL.—Each judicial council and the 

2 Judicial Conference shall prescribe rules for the conduct 

3 of proceedings under this chapter, including the processing 

4 of petitions for review that— 

5 ‘‘(1) ensure the independence, integrity, impar6 tiality, and competence of proceedings under this 

7 chapter; 

8 ‘‘(2) ensure the greatest possible public con9 fidence in proceedings under this chapter and main10 tain public confidence in the Federal judiciary; 

11 ‘‘(3) reflect that the judicial office is a position 

12 of public trust; and 

13 ‘‘(4) effectuate sections 453 and the provisions 

14 of the Judiciary Accountability Act of 2021.’’; 

15 (2) in subsection (b)— 

16 (A) in paragraph (2), by striking ‘‘and’’ at 

17 the end; 

18 (B) in paragraph (3)— 

19 (i) by inserting ‘‘(with the right to be 

20 accompanied by counsel)’’ after ‘‘appear’’; 

21 and 

22 (ii) by striking the period at the end 

23 and inserting ‘‘; and’’; and 

24 (C) by adding the following at the end: 


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1 ‘‘(4) providing that workplace misconduct (as 

2 defined in the Judiciary Accountability Act of 2021) 

3 constitutes a violation of this chapter, including con4 duct prohibited under sections 964 and 965 of this 

5 title.’’; 

6 (3) in subsection (c), in the first sentence— 

7 (A) by striking ‘‘notice and an oppor8 tunity’’ and inserting ‘‘notice, and an oppor9 tunity’’; and 

10 (B) by striking the period at the end and 

11 inserting ‘‘, and written explanation in the Fed12 eral Register.’’; and 

13 (4) by adding at the end the following: 

14 ‘‘(d) TRANSMISSION TO CONGRESS.—Not later than 

15 180 days before the date on which a rule prescribed under 

16 this section is to become effective, the Chief Justice of the 

17 United States, or, if applicable, the presiding officer of 

18 the judicial council, shall transmit to the Congress a copy 

19 of the proposed rule. The rule shall take effect unless oth20 erwise provided by law.’’. 

21 (b) FILING AND IDENTIFYING COMPLAINTS.—Sec22 tion 351 of title 28, United States Code, is amended— 

23 (1) in subsection (b), by adding at the end the 

24 following: ‘‘For purposes of this chapter, a complaint 

25 identified under this subsection shall be treated in 


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1 the same manner as a complaint filed under sub2 section (a).’’; 

3 (2) by redesignating subsection (d) as sub4 section (f); and 

5 (3) by inserting after subsection (c) the fol6 lowing: 

7 ‘‘(d) IDENTIFYING COMPLAINT BY JUDICIAL CON8 FERENCE.—In the interests of the effective and expedi9 tious administration of the business of the courts and on 

10 the basis of information available to the Judicial Con11 ference, the Judicial Conference may, by written order 

12 stating reasons therefor, identify a complaint for purposes 

13 of this chapter and thereby dispense with filing of a writ14 ten complaint. Upon identifying a complaint under this 

15 paragraph, the Judicial Conference shall refer the com16 plaint in accordance with the transmittal procedures de17 scribed in subsection (c). 

18 ‘‘(e) SPECIAL RULE FOR EMPLOYEES FILING COM19 PLAINTS.— 

20 ‘‘(1) IN GENERAL.—A complaint described in 

21 subsection (a) made by a current or former covered 

22 employee (as such term is defined in the Judiciary 

23 Accountability Act of 2021) may be filed with the 

24 Judicial Conference. 


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1 ‘‘(2) TRANSMITTAL BY JUDICIAL CON2 FERENCE.—Upon receipt of a complaint filed under 

3 this subsection, the Judicial Conference shall trans4 mit the complaint in accordance with subsection 

5 (c).’’. 

6 (c) EXPANDED DEFINITION OF JUDGE.—Subsection 

7 (f)(1) of section 351 of title 28, United States Code, as 

8 so redesignated by subsection (b) of this section, is amend9 ed by striking ‘‘a circuit judge’’ and all that follows and 

10 inserting ‘‘a judge described in chapter 17 of this title or 

11 an individual who was such a judge during the conduct 

12 described in the complaint.’’. 

13 (d) EFFECT OF RESIGNATION OR RETIREMENT OF

14 JUDGE.—Chapter 16 of title 28, United States Code, is 

15 amended— 

16 (1) in section 352, by adding at the end the fol17 lowing: 

18 ‘‘(e) EFFECT OF VACANCY OF OFFICE.—The resigna19 tion, retirement from office under chapter 17, or death 

20 of a judge who is the subject of a complaint under section 

21 351 shall not be grounds for— 

22 ‘‘(1) the dismissal of the complaint under sub23 section (b)(1); or 

24 ‘‘(2) the conclusion that the complaint is no 

25 longer necessary under subsection (b)(2).’’; and 


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1 (2) in section 353, by adding at the end the fol2 lowing: 

3 ‘‘(d) EFFECT OF VACANCY OF OFFICE.—The special 

4 committee shall complete its investigation and file a report 

5 under subsection (c) without regard for the resignation, 

6 retirement from office under chapter 17, or death of the 

7 judge whose conduct is the subject of the complaint.’’. 

8 (e) EXPANDING AUTHORITY OF JUDICIAL COUN9 CIL.—Section 354(a)(2)(A) of title 28, United States 

10 Code, is amended— 

11 (1) in clause (i)— 

12 (A) by inserting ‘‘or subject to the comple13 tion of any corrective measures recommended 

14 by the judicial council’’ after ‘‘on a temporary 

15 basis for a time certain’’; and 

16 (B) by inserting ‘‘, or that any current 

17 cases assigned to the judge be reassigned’’ be18 fore the semicolon at the end; 

19 (2) in clause (ii), by striking ‘‘and’’ at the end; 

20 (3) in clause (iii), by striking the period at the 

21 end and inserting ‘‘; and’’; and 

22 (4) by adding at the end the following: 

23 ‘‘(iv) in the case of a complaint based 

24 on workplace misconduct, ordering such 

25 action as the judicial council determines 


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1 appropriate to protect employees from the 

2 workplace misconduct.’’. 

3 (f) FAIR AND IMPARTIAL INVESTIGATIONS AND DE4 TERMINATIONS BY SPECIAL COMMITTEE AND JUDICIAL

5 COUNCIL.—Chapter 16 of title 28, United States Code, 

6 is amended— 

7 (1) in section 353(a), by striking paragraph (1) 

8 and inserting the following: 

9 ‘‘(1) appoint to a special committee to inves10 tigate the facts and allegations contained in the 

11 complaint— 

12 ‘‘(A) himself or herself; and 

13 ‘‘(B) selected at random— 

14 ‘‘(i) equal numbers of circuit judges 

15 and district judges from other circuits; and 

16 ‘‘(ii) members of the Commission on 

17 Judicial Integrity;’’; and 

18 (2) in section 354, by adding at the end the fol19 lowing: 

20 ‘‘(c) DISQUALIFICATION AND ADDITIONAL MEM21 BERS.—For purposes of this section, the judicial council 

22 of a circuit— 

23 ‘‘(1) shall not include any member of the spe24 cial committee described in section 353; and 


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1 ‘‘(2) shall include at least 1 randomly selected 

2 member of the Commission on Judicial Integrity.’’. 

3 (g) JUDICIAL CONFERENCE TO REPORT VIOLATIONS

4 TO CONGRESS.—Section 355 of title 28, United States 

5 Code, is amended by adding at the end the following: 

6 ‘‘(c) VIOLATIONS REPORTED TO CONGRESS.—If the 

7 Judicial Conference concurs in the determination of the 

8 judicial council, or makes its own determination, that tak9 ing an action as described in paragraph (1)(C) and (2) 

10 of section 354(a) is appropriate, the Judicial Conference 

11 shall submit the determination and the record of the pro12 ceedings to Congress.’’. 

13 (h) DISCLOSURE OF INFORMATION.—Section 360 of 

14 title 28, United States Code, is amended— 

15 (1) in subsection (a), in the matter preceding 

16 paragraph (1), by inserting ‘‘and subsections (c) and 

17 (d) of this section’’ after ‘‘section 355’’; and 

18 (2) by adding at the end the following: 

19 ‘‘(c) REPORTS.— 

20 ‘‘(1) REPORT TO JUDICIAL CONFERENCE.— 

21 ‘‘(A) NOTICE OF COMPLAINTS FILED.— 

22 Not later than 30 days after a complaint is 

23 filed by an employee or former employee or 

24 identified under section 351, the clerk of a 


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1 court of appeals shall notify the Judicial Con2 ference of such complaint. 

3 ‘‘(B) REPORT OF SPECIAL COMMITTEE.— 

4 Each special committee appointed under section 

5 353 shall submit the report filed with the judi6 cial council of the circuit under subsection (c) 

7 of that section to the Judicial Conference. 

8 ‘‘(C) REDACTION OF PERSONALLY IDENTI9 FYING INFORMATION.—To the extent prac10 ticable, a notification and report under this 

11 paragraph shall not include any personally iden12 tifying information except for the identity of the 

13 judge whose conduct is the subject of the com14 plaint. The identity of the judge may be re15 dacted only with the consent of the complain16 ant. 

17 ‘‘(2) REPORT TO CONGRESS.— 

18 ‘‘(A) IN GENERAL.—On a biannual basis, 

19 the Judicial Conference shall submit to Con20 gress a report, signed by every member of the 

21 Executive Committee, that includes, with re22 spect to complaints under this chapter for each 

23 judicial circuit during the previous 180-day pe24 riod, the following information: 


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1 ‘‘(i) The number, type, and disposi2 tion of such complaints. 

3 ‘‘(ii) A description of actions taken 

4 under paragraph (1)(C) and (2) of section 

5 354(a). 

6 ‘‘(iii) A description of voluntary reme7 dial or corrective actions taken by judges 

8 subject to such complaints. 

9 ‘‘(iv) Recommendations for policies, 

10 practices, and procedures related to such 

11 complaints. 

12 ‘‘(B) REDACTION OF PERSONALLY IDENTI13 FYING INFORMATION.—Reports submitted 

14 under this paragraph may not contain the per15 sonally identifying information of a complainant 

16 or judge. 

17 ‘‘(d) DISCLOSURE BY COMPLAINANT PERMITTED.— 

18 Nothing in this chapter shall be construed to prevent a 

19 complainant or victim of judicial misconduct from dis20 closing any information related to the complaint.’’. 

21 (i) EXPENSES FOR COMPLAINANTS AND THIRD PAR22 TIES.—Section 361 of title 28, United States Code, is 

23 amended— 

24 (1) by striking ‘‘Upon the request’’ and insert25 ing the following: 


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1 ‘‘(a) IN GENERAL.—Upon the request’’; and 

2 (2) by adding at the end the following: 

3 ‘‘(b) REIMBURSEMENT.—Upon the request of a com4 plainant, the judicial council of a circuit may, if the com5 plaint was not finally dismissed under section 

6 354(a)(1)(B), recommend that the Director of the Admin7 istrative Office of the United States Courts award reim8 bursement, from funds appropriated to the Federal judici9 ary, for those reasonable expenses, including attorneys’ 

10 fees, incurred by that complainant during the investigation 

11 which would not have been incurred but for the require12 ments of this chapter.’’. 

13 SEC. 9. RULE OF CONSTRUCTION. 

14 Nothing in this Act or the amendments made by this 

15 Act may be construed— 

16 (1) to abolish, diminish, or infringe upon any 

17 right or remedy provided by the Constitution of the 

18 United States or any other law; 

19 (2) to relieve any person or Government agency 

20 from liability under the Constitution of the United 

21 States or any other law; or 

22 (3) to relieve any Government agency or official 

23 of their responsibility to assure nondiscrimination in 

24 employment. 


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1 SEC. 10. DEFINITIONS. 

2 In this Act: 

3 (1) COMMISSION.—The term ‘‘Commission’’ 

4 means the Federal Government Commission on Ju5 dicial Integrity established under section 4(a). 

6 (2) COVERED EMPLOYEE.—The term ‘‘covered 

7 employee’’ means— 

8 (A) any full-time or part-time employee 

9 (including an officer, a former employee, and an 

10 applicant for prospective employment) of a 

11 court of the United States, an office or agency 

12 described in chapter 15 or part III of title 28, 

13 United States Code, or a defender organization 

14 described in section 3006A(g) of title 18, 

15 United States Code; and 

16 (B) any individual who carries or carried 

17 out an official duty of a court of the United 

18 States, an office or agency described in chapter 

19 15 or part III of title 28, United States Code, 

20 or a defender organization described in section 

21 3006A(g) of title 18, United States Code, but 

22 who is not paid by such court for carrying out 

23 such duties, including an intern. 

24 (3) DISABILITY.—The term ‘‘disability’’ means 

25 a disability, within the meaning of section 501 of the 

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1 tions 102 through 104 of the Americans with Dis2 abilities Act of 1990 (42 U.S.C. 12112–12114). 

3 (4) WORKPLACE MISCONDUCT.—The term 

4 ‘‘workplace misconduct’’ means misconduct impact5 ing the workplace and employment, including dis6 crimination, harassment, retaliation, sexual assault, 

7 bullying, and conduct prohibited under sections 964 

8 and 965 of title 28, United States Code. 

9 SEC. 11. AUTHORIZATION OF APPROPRIATIONS. 

10 There are authorized to be appropriated such funds 

11 as are necessary to carry out this Act and the amendments 

12 made by this Act. 

Æ 


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