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 em-
ployee’s request for the hearing under subsection 
(a), except that, upon mutual agreement of the par-
ties 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 ac-
cordance 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 
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correspondence, books, papers, documents, and other 
records. The attendance of witnesses and the pro-
duction 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 Fed-
eral 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 offi-
cer 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 au-
thorize the General Counsel to apply, in the 
name of the Office, to an appropriate district 
court of the United States for an order requir-
ing 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 con-
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ducted or where that person is found, resides, 
or transacts business. Any failure to obey a 
lawful order of the district court issued pursu-
ant 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 sub-
paragraph (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 re-
quired 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 Of-
fice. If a decision is not appealed under section 406 to 
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the Board, the decision shall be considered the final deci-
sion 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 sec-
tion 102 and by Board decisions under this Act. 
SEC. 406. APPEAL TO THE BOARD. 
(a) IN GENERAL.—Any party aggrieved by the deci-
sion 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 Of-
fice. 
(b) PARTIES’ OPPORTUNITY TO SUBMIT ARGU-
MENT.—The parties to the hearing upon which the deci-
sion of the Merits Hearing Officer was made shall have 
a reasonable opportunity to be heard, through written sub-
mission 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 proce-
dures; or 
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(3) unsupported by substantial evidence. 
(d) RECORD.—In making determinations under sub-
section (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 deci-
sion setting forth the reasons for its decision. The decision 
may affirm, reverse, or remand to the Merits Hearing Of-
ficer for further proceedings. A decision that does not re-
quire 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 EN-
FORCEMENT. 
(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 sec-
tion 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 
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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 sub-
title 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 Ap-
peals 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 
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(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 pe-
tition. 
(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 partici-
pated in the proceedings before the Board under sec-
tion 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 Coun-
sel 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; 
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(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 rel-
evant questions of law and interpret constitutional and 
statutory provisions. The court shall set aside a final deci-
sion 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 proce-
dures; or 
(3) unsupported by substantial evidence. 
(e) RECORD.—In making determinations under sub-
section (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 com-
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menced 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 sec-
tion 1391 of title 28, United States Code, venue shall lie 
in the United States District Court for the District of Co-
lumbia. 
(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 valid-
ity 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 
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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 regu-
lation 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 sub-
stantive executive agency regulation promulgated to imple-
ment 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 inter-
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locutory 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 jurisdic-
tion 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 INDEPEND-
ENCE. 
The authorization to bring judicial proceedings under 
sections 401(b), 405(f)(3), 407, and 408 shall not con-
stitute a waiver of sovereign immunity for any other pur-
pose, 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 pro-
vided 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 
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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 simi-
lar expenses of employing units which are needed to com-
ply 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 au-
thorized to be appropriated such sums as may be nec-
essary 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 subpara-
graphs (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, 
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at the time of committing the violation, was a 
judge, the individual shall reimburse the ac-
count for the amount of the award or settle-
ment for the claim involved. 
(B) CONDITIONS.—In the case of an award 
made pursuant to a decision of a Merits Hear-
ing 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 subpara-
graph (C) occurred which was committed per-
sonally 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 Stat-
utes (42 U.S.C. 1981a(b)(3)) irrespective of the 
size of the employing unit. In the case of a set-
tlement 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— 
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(i) harassment that is unlawful under 
section 201(a) or 202(a); or 
(ii) intimidation, reprisal, or discrimi-
nation that is unlawful under section 203 
and is taken against a covered employee 
because of a claim alleging a violation de-
scribed 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 subpara-
graph (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 in-
tervene in any mediation, hearing, or civil action 
under this title to protect the interests of the indi-
vidual in the determination of whether an award or 
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settlement described in paragraph (1) should be 
made, and the amount of any such award or settle-
ment, 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 depo-
sition taken from the employee in connection with 
the hearing or civil action. 
SEC. 416. CONFIDENTIALITY AND REFERRALS. 
(a) MEDIATION.—All information discussed or dis-
closed in the course of any mediation shall be strictly con-
fidential, and the Judicial Integrity Officer shall notify 
each person participating in the mediation of the confiden-
tiality 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 pro-
ceedings and deliberations of Preliminary Hearing Offi-
cers, Merit Hearing Officers, and the Board, including any 
related records, shall be confidential. The Judicial Integ-
rity Officer shall notify each person participating in a pro-
ceeding 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. 
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(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 ju-
dicial councils as complaints under chapter 16 of 
title 28, United States Code, except that these com-
plaints 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 an-
other circuit’s judicial council. For referrals under 
this subsection regarding conduct by the chief judge, 
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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 ac-
cess to the records of any preliminary reviews, hear-
ings, 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 SET-
TLEMENTS 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 person-
ally by the judge. If the judicial council so deter-
mines, it shall notify the Judicial Integrity Officer to 
request the reimbursement described in section 
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415(d) and include the settlement in the report re-
quired by section 211(a). 
(4) PROTECTION
OF
PERSONALLY
IDENTIFI-
ABLE
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 di-
rectly disclose the identity or position of the indi-
vidual 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 ap-
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peal 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 in-
volving 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 CON-
FERENCE, AND CONGRESS.— 
(1) IN GENERAL.—The Judicial Integrity Offi-
cer shall provide judicial councils, the Judicial Con-
ference of the United States, and Congress access to 
the records of the hearings and decisions of Prelimi-
nary 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 Con-
gress under the Constitution of the United States. 
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The Judicial Integrity Officer shall not provide such 
access until the Judicial Integrity Officer has con-
sulted with the individual filing the claim at issue, 
and until a final disposition has been reached as de-
fined 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 discre-
tion. 
(g) CLAIMS.—Nothing in this section may be con-
strued 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. 
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TITLE V—EMPLOYEE ADVOCACY 
SEC. 501. OFFICE OF EMPLOYEE ADVOCACY. 
(a) ESTABLISHMENT.—There is established, as an 
independent office within the judicial branch of the Fed-
eral Government, the Office of Employee Advocacy. 
(b) DIRECTOR OF EMPLOYEE ADVOCACY.—The OEA 
shall have a Director appointed by the Chief Justice of 
the United States from among a list of names submitted 
by the Board. The first Director shall be appointed not 
later than 90 days after the initial appointment of the 
Board. 
(c) DIRECTOR QUALIFICATIONS.— 
(1) SPECIFIC QUALIFICATIONS.—The Director 
shall, by demonstrated ability, background, training, 
or experience, be especially qualified to carry out the 
functions of the position. The individual appointed 
as Director shall be an attorney who is admitted to 
practice before the United States District Court for 
the District of Columbia and who has experience in 
representing employees in workplace discrimination 
cases. 
(2) DISQUALIFICATIONS.—The disqualifications 
in section 301(d)(2) shall apply to the appointment 
of the Director, except that representations under-
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taken on behalf of the Office or OEA shall not be 
disqualifying. 
(3) VACANCIES.—A vacancy in the position of 
Director filled in the manner in which the original 
appointment was made. 
(d) TERM OF OFFICE.— 
(1) IN GENERAL.—The Director shall serve a 
term of 4 years. The Director may be reappointed. 
(2) SERVICE UNTIL SUCCESSOR APPOINTED.—A 
Director whose term has expired may continue to 
serve until the date on which a successor has taken 
office. 
(e) REMOVAL.— 
(1) AUTHORITY.—The Director may be re-
moved from office by the Chief Justice of the United 
States, but only for— 
(A) disability that substantially prevents 
the member from carrying out the duties of the 
Director; 
(B) incompetence; 
(C) neglect of duty; 
(D) malfeasance, including a felony or con-
duct involving moral turpitude; or 
(E) holding an office or employment or en-
gaging in an activity that disqualifies the indi-
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vidual from service as Director under sub-
section (c)(2). 
(2) STATEMENT OF REASONS FOR REMOVAL.— 
In removing a Director, the Chief Justice of the 
United States shall state in writing to the Director 
being removed, the Board, the Committee on the Ju-
diciary of the Senate, and the Committee on the Ju-
diciary of the House of Representatives the specific 
reasons for the removal. 
(f) COMPENSATION.—The Director be compensated 
at a rate equal to the daily equivalent of the annual rate 
of basic pay prescribed for level IV of the Executive Sched-
ule under section 5315 of title 5, United States Code. 
(g) FUNCTIONS.— 
(1) LEGAL ASSISTANCE, CONSULTATION, AND 
REPRESENTATION.—Subject to subsection (h), the 
OEA shall carry out the following functions: 
(A) Providing legal assistance and con-
sultation to covered employees regarding the 
procedures of this Act and the procedures appli-
cable to civil actions arising under this Act, in-
cluding— 
(i) the roles and responsibilities of the 
Office, Directors of Workplace Relations, 
EDR Coordinators, and similar authorities; 
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(ii) any proceedings conducted under 
this Act; 
(iii) the authority of the Office to 
compel cooperation and testimony under 
investigations and proceedings conducted 
under title IV; and 
(iv) the duties of the employee relat-
ing to such proceedings, including the re-
sponsibility to testify. 
(B) Providing legal assistance and rep-
resentation— 
(i) in personal civil legal matters re-
lated to the initiation of or participation in 
proceedings by a covered employee under 
title IV (other than for a civil action filed 
under sections 401(b) and 408 of this 
Act); and 
(ii) in any proceedings of the Office 
related to conduct made unlawful by this 
Act, or any other administrative or judicial 
body related to the alleged violations of 
this Act that are the subject of the pro-
ceedings initiated by the covered employee, 
or the proceedings in which the covered 
employee participates, under title IV. 
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(C) 
Operating 
a 
confidential 
hotline 
through which a covered employee may contact 
the Office. 
(2) AUTHORITY
TO
PROVIDE
ASSISTANCE
IN 
ANY
JURISDICTION.—Notwithstanding any law re-
garding the licensure of attorneys, an attorney who 
is employed by the OEA and is authorized to provide 
legal assistance and representation under this sec-
tion is authorized to provide that assistance and rep-
resentation in any jurisdiction, subject to such regu-
lations as may be prescribed by the OEA. 
(3) NATURE OF RELATIONSHIP.—The relation-
ship between the OEA and an employee to whom the 
OEA provides legal assistance, consultation, and 
representation under this section shall be the rela-
tionship between an attorney and client. 
(4) PROHIBITING ACCEPTANCE OF AWARD OF 
ATTORNEY FEES OR OTHER COSTS.—The OEA may 
not accept any award of attorney fees or other litiga-
tion expenses and costs under any hearing or civil 
action brought under this Act. 
(5) PROHIBITING ASSISTANCE IN OTHER MAT-
TERS OR PROCEEDINGS.—The OEA may not provide 
any legal assistance, consultation, or representation 
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with respect to any matter or proceeding which does 
not arise under this Act. 
(h) PROHIBITING PROVISION OF ASSISTANCE UPON 
FILING OF CIVIL ACTION.—If a covered employee files a 
civil action with respect to an alleged violation of this Act 
in accordance with this Act, the OEA may not provide 
assistance under this section to the employee with respect 
to investigations or proceedings under this Act in connec-
tion with such alleged violation at any time after the em-
ployee files such action. 
(i) PERSONNEL.—Subject to regulations of the 
Board, the Director may appoint and fix the compensation 
of such additional personnel as the Director determines 
to be necessary to carry out the functions of the Office. 
Such personnel shall be appointed solely on the basis of 
fitness to perform the duties of the position. 
SEC. 502. ANONYMOUS REPORTING. 
(a) ANONYMOUS REPORTING SYSTEM.—In addition 
to 
the 
confidential 
hotline 
required 
by 
section 
501(g)(1)(C), the OEA shall create a nationwide anony-
mous reporting system for instances of workplace mis-
conduct that is readily accessible to current and former 
covered employees but not to the general public. 
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(b) NOTICE.—This anonymous reporting system shall 
provide notice to those filing anonymous reports of how 
those reports will be handled. 
(c) FORWARDING ANONYMOUS REPORTS.—The OEA 
shall forward each anonymous report to the officer or em-
ployee in charge of the relevant employing unit except in 
the following circumstances: 
(1) Anonymous reports alleging workplace mis-
conduct by a judge listed in section 101(5)(A) shall 
be forwarded to the chief judge of the relevant court 
of appeals of the United States who may use it as 
a basis for identifying a complaint for purposes of 
section 351(b) of title 28, United States Code. If the 
anonymous report alleges misconduct by the chief 
judge of a court of appeals of the United States, the 
anonymous report shall be forwarded to the circuit 
judge in regular active service next senior in date of 
commission, who shall act with respect to this report 
as chief judge for purposes of sections 351, 352, and 
353 of title 28, United States Code. 
(2) Anonymous reports alleging workplace mis-
conduct by the officer or employee in charge of the 
relevant employing unit who is not a judge listed in 
section 101(5)(A) shall be forwarded as follows: 
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(A) Reports regarding a circuit executive, 
clerk, librarian, crier, or senior staff attorney 
shall be forwarded to the chief judge of the rel-
evant court of appeals of the United States. 
(B) Reports regarding the senior technical 
assistant of the Court of Appeals for the Fed-
eral Circuit shall be forwarded to the chief 
judge of the United States Court of Appeals for 
the Federal Circuit. 
(C) Reports regarding the clerk of a dis-
trict court of the United States, a bankruptcy 
court, or the United States Court of Federal 
Claims shall be forwarded to the chief judge of 
the relevant court. 
(D) Reports regarding a district court ex-
ecutive shall be forwarded to the chief judge of 
the relevant district court of the United States. 
(E) Reports regarding the Director of Ad-
ministrative Office of the United States Courts 
or the Director of the Federal Judicial Center 
shall be forwarded to the Chief Justice of the 
United States. 
(F) Reports regarding the Chair of the 
United States Sentencing Commission shall be 
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100 
forwarded to the President of the United 
States. 
(G) Reports regarding the Staff Director 
of the United States Sentencing Commission 
shall be forwarded to the Chair of the Sen-
tencing Commission. 
(H) Reports regarding a Federal Public 
Defender described in section 30006A(g)(2)(A) 
of title 18, United States Code, shall be for-
warded to the chief judge of the relevant court 
of appeals of the United States. 
(d) COMPILATION OF ANONYMOUS REPORTS.—The 
OEA shall compile the total number of anonymous reports 
received regarding each employing unit specified in section 
101(5) for the preceding 10 years and report this number, 
disaggregated by employing unit and the year the report 
was received, on an annual basis to the Board, the Judicial 
Conference of the United States, the Committee on the 
Judiciary of the Senate, and the Committee on the Judici-
ary of the House of Representatives. 
(e) PROTECTION OF ANONYMITY.—Notwithstanding 
any other provision of law, anonymous reports filed under 
subsection (a) shall not be disclosed by the OEA except 
as otherwise provided in this section. 
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101 
TITLE VI—MISCELLANEOUS 
PROVISIONS 
SEC. 601. IMPROVEMENTS TO JUDICIAL CONDUCT AND DIS-
ABILITY COMPLAINTS PROCESS. 
(a) ESTABLISHING DISCRIMINATION AND RETALIA-
TION 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, impar-
tiality, and competence of proceedings under this 
chapter; 
‘‘(2) ensure the greatest possible public con-
fidence in proceedings under this chapter and main-
tain 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)— 
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102 
(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 sec-
tion 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 oppor-
tunity’’ 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 
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103 
rule. The rule shall take effect unless otherwise provided 
by law.’’. 
(b) FILING AND IDENTIFYING COMPLAINTS.—Sec-
tion 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 sub-
section (a).’’; 
(2) by redesignating subsection (d) as sub-
section (f); and 
(3) by inserting after subsection (c) the fol-
lowing: 
‘‘(d) IDENTIFYING COMPLAINT BY JUDICIAL CON-
FERENCE.—In the interests of the effective and expedi-
tious administration of the business of the courts and on 
the basis of information available to the Judicial Con-
ference of the United States, the Judicial Conference may, 
by written order stating reasons therefor, identify a com-
plaint for purposes of this chapter and thereby dispense 
with filing of a written complaint. Upon identifying a com-
plaint under this paragraph, the Judicial Conference shall 
refer the complaint in accordance with the transmittal pro-
cedures described in subsection (c). 
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104 
‘‘(e) SPECIAL RULE FOR EMPLOYEES FILING COM-
PLAINTS.— 
‘‘(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 Con-
ference of the United States. 
‘‘(2) 
TRANSMITTAL
BY
JUDICIAL
CON-
FERENCE.—Upon receipt of a complaint filed under 
this subsection, the Judicial Conference of the 
United States shall transmit the complaint in ac-
cordance 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 tak-
ing 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 
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105 
by striking ‘‘or magistrate judge’’ and inserting ‘‘mag-
istrate 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 fol-
lowing: 
‘‘(e) EFFECT OF VACANCY OF OFFICE.—The resigna-
tion, 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 fol-
lowing: 
‘‘(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, re-
tirement from office under chapter 17, or death of the 
judge whose conduct is the subject of the complaint.’’. 
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106 
(f) EXPANDING AUTHORITY
OF JUDICIAL COUN-
CIL.—Section 354(a)(2)(A) of title 28, United States 
Code, is amended— 
(1) in clause (i)— 
(A) by inserting ‘‘or subject to the comple-
tion 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’’ be-
fore 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 PAR-
TIES.—Section 361 of title 28, United States Code, is 
amended— 
(1) by striking ‘‘Upon’’ and inserting the fol-
lowing: 
‘‘(a) FOR JUDGES.—Upon’’; and 
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107 
(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 
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108 
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 IDENTI-
FYING
INFORMATION.—To the extent prac-
ticable, a notification and report under this 
paragraph shall not include any personally iden-
tifying information except for the identity of the 
judge whose conduct is the subject of the com-
plaint. The identity of the judge may be re-
dacted only with the consent of the complain-
ant. 
‘‘(2) REPORT TO CONGRESS.— 
‘‘(A) IN
GENERAL.—The Judicial Con-
ference of the United States shall submit to 
Congress an annual report, signed by every 
member of the Executive Committee, that in-
cludes, with respect to complaints under this 
chapter for each judicial circuit during the pre-
vious 365-day period, the following information: 
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109 
‘‘(i) The number, type, and disposi-
tion of such complaints. 
‘‘(ii) A description of actions taken 
under paragraph (1)(C) and (2) of section 
354(a). 
‘‘(iii) A description of voluntary reme-
dial or corrective actions taken by judges 
subject to such complaints. 
‘‘(B) REDACTION OF PERSONALLY IDENTI-
FYING
INFORMATION.—Reports 
submitted 
under this paragraph may not contain the per-
sonally 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 dis-
closing any information related to the complaint.’’. 
SEC. 602. DISTRICT OF COLUMBIA COURTS. 
(a) APPLICATION
TO
DISTRICT
OF
COLUMBIA 
COURTS.—Subject to subsections (b), (c), and (d) of this 
section, the laws made applicable to the judicial branch 
of the Federal Government under section 102 of this Act 
shall also be applicable to the courts of the District of Co-
lumbia. 
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110 
(b) COUNCIL OF THE DISTRICT OF COLUMBIA AU-
THORITY.—Notwithstanding section 602(a)(4) of the Dis-
trict of Columbia Self-Government and Governmental Re-
organization 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 nec-
essary to implement subsection (a) of this section with re-
spect 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 sub-
section (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 (relat-
ing 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 ef-
fect upon the enactment of legislation by the Council of 
the District of Columbia under the authority granted to 
it by subsection (b). 
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111 
SEC. 603. UNITED STATES TAX COURT. 
(a) LAWS MADE APPLICABLE.—The laws made ap-
plicable 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 sec-
tion 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 sec-
tion 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. 
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112 
(c) SPECIAL PROVISION RELATED
TO JUDICIAL 
COUNCILS AND THE JUDICIAL CONFERENCE.—In car-
rying 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 ef-
fect to the amendments to chapter 16 of title 28, United 
States Code, made by section 601 of this Act. 
SEC. 604. COURT OF APPEALS FOR VETERANS CLAIMS. 
(a) APPLICATION TO THE COURT OF APPEALS FOR 
VETERANS CLAIMS.— 
(1) IN GENERAL.—The laws made applicable to 
the judicial branch of the Federal Government under 
section 102 of this Act shall be applicable to the 
Court of Appeals for Veterans Claims. 
(2) DEFINITIONS.—For purposes of this Act: 
(A) 
COVERED
EMPLOYEE.—The 
term 
‘‘covered employee’’ includes employees of the 
Court of Appeals for Veterans Claims and the 
employing units defined in subparagraph (B). 
(B) EMPLOYING
UNIT.—The term ‘‘em-
ploying unit’’ includes— 
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113 
(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 Vet-
erans Claims shall revise the rules prescribed pursuant to 
section 7253(g) of title 38, United States Code, to give 
effect to the amendments to chapter 16 of title 28, United 
States Code, enacted by section 601 of this Act. 
SEC. 605. DISTRICT COURT OF GUAM. 
(a) APPLICATION OF JUDICIAL CONDUCT AND DIS-
ABILITY RULES.— 
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114 
(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 Dis-
trict 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 ex-
ercise by the judicial council of the Ninth 
Circuit of the powers of a judicial council 
under subparagraph (A). 
(ii) DETERMINATION.— 
(I) IN
GENERAL.—The deter-
mination pursuant to section 354(b) 
or 355 of title 28, United States 
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115 
Code, shall be made based on the 
grounds for removal of a judge from 
office under section 24(a) of the Or-
ganic Act of Guam (48 U.S.C. 
1424b(a)). 
(II) CERTIFICATION AND TRANS-
MITTAL.—Certification 
and 
trans-
mittal 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. 
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116 
(B) 
EMPLOYING
UNIT.—The 
District 
Court of Guam is a district court of the United 
States under section 101(5)(A)(i)(II). 
SEC. 606. DISTRICT COURT FOR THE NORTHERN MARIANA 
ISLANDS. 
(a) APPLICATION OF JUDICIAL CONDUCT AND DIS-
ABILITY RULES.— 
(1) IN
GENERAL.—Section 351(d)(1) of title 
28, United States Code, as amended by section 605 
of this Act, is amended by inserting ‘‘, a judge and 
magistrate judge of the District Court for the 
Northern Mariana Islands’’ before the period at the 
end. 
(2) JUDICIAL COUNCIL AND OTHER OFFICES.— 
(A) NINTH CIRCUIT.—With respect to a 
judge of the District Court for the Northern 
Mariana Islands, the clerk and chief judge of 
the United States Court of Appeals for the 
Ninth Circuit shall have the powers granted to 
a clerk and chief judge, and the Judicial Coun-
cil of the Ninth Circuit shall have the powers 
granted to a judicial council, under chapter 16 
of title 28, United States Code. 
(B) REVIEW.— 
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117 
(i) IN GENERAL.—The provisions of 
sections 354(b) through 360 of title 28, 
United States Code, shall apply to the ex-
ercise by the Judicial Council of the Ninth 
Circuit of the powers of a judicial council 
under subparagraph (A). 
(ii) DETERMINATION.— 
(I) IN
GENERAL.—The deter-
mination 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 TRANS-
MITTAL.—Certification 
and 
trans-
mittal 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.— 
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118 
(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 Is-
lands. 
(B) 
EMPLOYING
UNIT.—The 
District 
Court for the Northern Mariana Islands is a 
district court of the United States under para-
graph (5)(A)(i)(II) of section 101. 
SEC. 607. DISTRICT COURT OF THE VIRGIN ISLANDS. 
(a) APPLICATION OF JUDICIAL CONDUCT AND DIS-
ABILITY RULES.— 
(1) IN
GENERAL.—Section 351(d)(1) of title 
28, United States Code, as amended by section 606 
of this Act, is amended by inserting ‘‘, and a judge 
and magistrate judge of the District Court of the 
Virgin Islands’’ before the period at the end. 
(2) JUDICIAL COUNCIL AND OTHER OFFICES.— 
(A) THIRD
CIRCUIT.—With respect to a 
judge of the District Court of the Virgin Is-
lands, the clerk and chief judge of the United 
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119 
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 ex-
ercise by the Judicial Council of the Third 
Circuit of the powers of a judicial council 
under subparagraph (A). 
(ii) DETERMINATION.— 
(I) IN
GENERAL.—The deter-
mination 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 Re-
vised Organic Act of the Virgin Is-
lands (48 U.S.C. 1614(a)). 
(II) CERTIFICATION AND TRANS-
MITTAL.—Certification 
and 
trans-
mittal by the Judicial Conference of 
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120 
the United States of any complaint 
shall be made to the President for 
consideration under section 24(a) of 
the Revised Organic Act of the Virgin 
Islands (48 U.S.C. 1614(a)). 
(b) APPLICATION OF JUDICIARY ACCOUNTABILITY 
ACT.— 
(1) IN GENERAL.—The laws made applicable to 
the judicial branch of the Federal Government under 
section 102 of this Act shall be applicable to the 
District Court of the Virgin Islands. 
(2) DEFINITIONS.—For purposes of this Act: 
(A) 
COVERED
EMPLOYEE.—The 
term 
‘‘covered employee’’ includes employees of the 
District Court of the Virgin Islands. 
(B) 
EMPLOYING
UNIT.—The 
District 
Court of the Virgin Islands is a district court 
of 
the 
United 
States 
under 
paragraph 
(5)(A)(i)(II) of section 101. 
SEC. 608. SUPREME COURT OF THE UNITED STATES. 
(a) APPLICATION OF JUDICIAL CONDUCT AND DIS-
ABILITY RULES.— 
(1) IN
GENERAL.—Section 351(d)(1) of title 
28, United States Code, as amended by section 607 
of this Act, is amended by inserting ‘‘, and the Chief 
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121 
Justice of the United States or an associate justice’’ 
before the period at the end. 
(2) JUDICIAL COUNCIL AND OTHER OFFICES.— 
Section 363 of title 28, United States Code, is 
amended by striking ‘‘and the Court of Appeals for 
the Federal Circuit’’ and inserting ‘‘the Court of Ap-
peals for the Federal Circuit, and the Supreme 
Court of the United States’’. 
(b) APPLICATION OF JUDICIARY ACCOUNTABILITY 
ACT.— 
(1) IN GENERAL.—The laws made applicable to 
the judicial branch of the Federal Government under 
section 102 of this Act shall be applicable to the Su-
preme Court of the United States. 
(2) DEFINITIONS.—For purposes of this Act: 
(A) 
COVERED
EMPLOYEE.—The 
term 
‘‘covered employee’’ includes employees of the 
Supreme Court of the United States. 
(B) EMPLOYING
UNIT.—The term ‘‘em-
ploying unit’’ includes— 
(i) the Supreme Court of the United 
States; 
(ii) the Chief Justice of the United 
States; 
(iii) an associate justice; 
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122 
(iv) the clerk, marshal, reporter, and 
librarian of the Supreme Court of the 
United States; and 
(v) the Counselor to the Chief Justice. 
SEC. 609. TRANSITION PROVISIONS. 
(a) CURRENT EMPLOYMENT DISPUTE RESOLUTION 
PLANS.—Subject to subsection (b), all Employment Dis-
pute 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 PRO-
CEEDINGS.— 
(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 out-
lined in an Employment Dispute Resolution Plan, 
the employee may complete, or initiate and complete, 
those processes, and the Employment Dispute Reso-
lution 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 em-
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123 
ployee 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 COOR-
DINATORS.—Employment Dispute Resolution Coor-
dinators currently serving in that role pursuant to 
an Employment Dispute Resolution Plan will con-
tinue to serve in that role until the earlier of— 
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124 
(A) the appointment of an Employee Dis-
pute Resolution Coordinator for the relevant 
court by a Director of Workplace Relations ap-
pointed 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 cur-
rently serving as a Director of Workplace Rela-
tions to the role of Director of Workplace Rela-
tions under this Act by the Judicial Integrity 
Officer; or 
(C) the appointment of an individual cur-
rently serving as an Employment Dispute Reso-
lution Coordinator to the role of Employee Dis-
pute 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 es-
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125 
tablished under the Federal Judiciary Model Employment 
Dispute Resolution Plan adopted by the Judicial Con-
ference of the United States in September 2018, or a suc-
cessor plan. 
SEC. 610. SEVERABILITY. 
If any provision of this Act, an amendment made by 
this Act, or the application of such provision or amend-
ment to any person or circumstance is held to be unconsti-
tutional, 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 there-
by. 
Æ 
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