I 
117TH CONGRESS 
1ST SESSION H. R. 4827 
To amend title 28, United States Code, to protect employees of the Federal 
judiciary from discrimination, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
JULY 29, 2021 
Mr. JOHNSON of Georgia (for himself, Ms. SPEIER, Mr. NADLER, Mrs. 
TORRES of California, and Ms. MACE) introduced the following bill; which 
was referred to the Committee on the Judiciary 
A BILL 
To amend title 28, United States Code, to protect employees 
of the Federal judiciary from discrimination, and for 
other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Judiciary Account-
ability Act of 2021’’. 
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SEC. 2. PROTECTING EMPLOYEES OF THE FEDERAL JUDI-
CIARY FROM DISCRIMINATION. 
(a) IN GENERAL.—Chapter 57 of title 28, United 
States Code, is amended by adding at the end the fol-
lowing: 
‘‘§ 964. Protecting employees of the Federal judiciary 
from discrimination 
‘‘(a) DISCRIMINATORY PRACTICES PROHIBITED.—All 
personnel actions (as such term is defined in section 
2302(a)(2) of title 5) affecting covered employees (as such 
term is defined in section 10 of the Judiciary Account-
ability Act of 2021) shall be made free from any discrimi-
nation based on— 
‘‘(1) race, color, religion, sex (including sexual 
orientation or gender identity), or national origin, 
within the meaning of section 703 of the Civil 
Rights Act of 1964 (42 U.S.C. 2000e–2); 
‘‘(2) age, within the meaning of section 15 of 
the Age Discrimination in Employment Act of 1967 
(29 U.S.C. 633a); or 
‘‘(3) disability, within the meaning of section 
501 of the Rehabilitation Act of 1973 (29 U.S.C. 
791) and sections 102 through 104 of the Americans 
with Disabilities Act of 1990 (42 U.S.C. 12112– 
12114). 
‘‘(b) REMEDY.— 
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‘‘(1) CIVIL RIGHTS.—The remedy for a viola-
tion of subsection (a)(1) shall be— 
‘‘(A) such remedy as would be appropriate 
if awarded under section 706(g) of the Civil 
Rights Act of 1964 (42 U.S.C. 2000e–5(g)); 
and 
‘‘(B) such compensatory damages as would 
be appropriate if awarded under section 1977 
of the Revised Statutes (42 U.S.C. 1981), or as 
would be appropriate if awarded under sections 
1977A(a)(1), 1977A(b)(2), and, irrespective of 
the 
size 
of 
the 
employing 
office, 
1977A(b)(3)(D) of the Revised Statutes (42 
U.S.C. 
1981a(a)(1), 
1981a(b)(2), 
and 
1981a(b)(3)(D)). 
‘‘(2) AGE DISCRIMINATION.—The remedy for a 
violation of subsection (a)(2) shall be— 
‘‘(A) such remedy as would be appropriate 
if awarded under section 15(c) of the Age Dis-
crimination in Employment Act of 1967 (29 
U.S.C. 633a(c)); and 
‘‘(B) such liquidated damages as would be 
appropriate if awarded under section 7(b) of 
such Act (29 U.S.C. 626(b)). 
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In addition, the waiver provisions of section 7(f) of 
such Act (29 U.S.C. 626(f)) shall apply to covered 
employees. 
‘‘(3) DISABILITIES DISCRIMINATION.—The rem-
edy for a violation of subsection (a)(3) shall be— 
‘‘(A) such remedy as would be appropriate 
if awarded under section 505(a)(1) of the Reha-
bilitation Act of 1973 (29 U.S.C. 794a(a)(1)) 
or section 107(a) of the Americans with Dis-
abilities Act of 1990 (42 U.S.C. 12117(a)); and 
‘‘(B) such compensatory damages as would 
be appropriate if awarded under sections 
1977A(a)(2), 1977A(a)(3), 1977A(b)(2), and, 
irrespective of the size of the employing office, 
1977A(b)(3)(D) of the Revised Statutes (42 
U.S.C. 1981a(a)(2), 1981a(a)(3), 1981a(b)(2), 
and 1981a(b)(3)(D)). 
‘‘(c) REPORT.—On an annual basis, the judicial 
council of each circuit shall submit to Congress a report 
that includes, for the previous year, hiring statistics for 
the circuit, each court of the United States for the circuit, 
each Federal Public Defender Organization described in 
section 3006A(g)(2)(A) of title 18 that is associated with 
the circuit, and each office or agency referred to in section 
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10(2)(A) of the Judiciary Accountability Act of 2021 that 
is associated with the circuit.’’. 
(b) CLERICAL AMENDMENT.—The table of sections 
for chapter 57 of title 28, United States Code, is amended 
by adding at the end the following: 
‘‘964. Protecting employees of the Federal judiciary from discrimination.’’. 
SEC. 3. PROTECTING WHISTLEBLOWERS IN THE FEDERAL 
JUDICIARY FROM RETALIATION. 
(a) IN GENERAL.—Chapter 57 of title 28, United 
States Code, as amended by this Act, is further amended 
by adding at the end the following: 
‘‘§ 965. Protecting whistleblowers from retaliation 
‘‘(a) IN GENERAL.—No justice, judge, covered em-
ployee, or contractor or subcontractor of an office or agen-
cy in the judicial branch of the Federal Government may 
discharge, demote, threaten, suspend, harass, or in any 
other manner discriminate against a covered employee (as 
such term is defined in section 10 of the Judiciary Ac-
countability Act of 2021) in the terms and conditions of 
employment because of any lawful act done by the covered 
employee or perceived to have been done by the covered 
employee or any person perceived to be associated with 
or assisting the covered employee to provide information, 
cause information to be provided, or otherwise assist in 
an investigation regarding any possible violation of Fed-
eral law, rule, or regulation or misconduct by a justice, 
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judge, contractor or subcontractor with an office or agency 
of the judicial branch of the Federal Government, or cov-
ered employee. 
‘‘(b) REMEDY.—A court may order such legal or eq-
uitable relief as may be necessary to eliminate the direct 
and indirect effects of a violation of subsection (a). 
‘‘(c) BURDEN OF PROOF.—Proceedings to determine 
a violation shall be governed by the legal burdens of proof 
specified in section 1221(e) of title 5. 
‘‘(d) VENUE.—Notwithstanding section 1391, an ac-
tion under this section may be filed in any United States 
district court.’’. 
(b) CLERICAL AMENDMENT.—The table of sections 
for chapter 57 of title 28, United States Code, as amended 
by this Act, is further amended by adding at the end the 
following: 
‘‘965. Protecting whistleblowers from retaliation.’’. 
SEC. 4. ESTABLISHMENT OF THE COMMISSION ON JUDI-
CIAL INTEGRITY. 
(a) COMMISSION.—There is established in the judicial 
branch of the Federal Government the Commission on Ju-
dicial Integrity. 
(b) MEMBERSHIP.—The membership of the Commis-
sion consists of the following 16 members: 
(1) PRESIDENTIAL
APPOINTMENT.—The fol-
lowing 3 members appointed by the President: 
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(A) A Chair selected from a list of not 
more than 3 candidates recommended by the 
concurrence of the Council of the Inspectors 
General on Integrity and Efficiency. 
(B) A Vice Chair selected from a list of 
not more than 3 candidates recommended by 
the Equal Employment Opportunity Commis-
sion. 
(C) A Vice Chair selected from a list of not 
more than 3 candidates recommended by the 
United States Commission on Civil Rights. 
(2) EXPERT REPRESENTATION.—The following 
7 members selected by a recorded vote (which shall 
be made available on uscourts.gov, or any successor 
thereto, along with the transcript of the proceedings 
and any additional statements by individual mem-
bers of the Judicial Conference) of the Judicial Con-
ference of the United States after consultation with 
the majority and minority leaders of the Senate, the 
Speaker and minority leader of the House of Rep-
resentatives, the Council of the Inspectors General 
on Integrity and Efficiency, the Equal Employment 
Opportunity Commission, and the United States 
Commission on Civil Rights: 
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(A) 2 members with substantial experience 
in alternative dispute resolution regarding 
workplace misconduct. 
(B) 2 members with substantial experience 
in enforcing and investigating civil rights laws 
against workplace discrimination, including 1 
member with experience representing employ-
ees. 
(C) 1 member with substantial experience 
working in the office of an inspector general of 
an agency. 
(D) 1 member with substantial experience 
on a State judicial conduct commission or 
equivalent State body. 
(E) 1 member with experience providing li-
censed counseling and other support for victims 
of harassment, sexual assault, discrimination, 
or retaliation. 
(3) JUDICIAL
REPRESENTATION.—2 Federal 
judges selected by the members appointed under 
paragraphs (1) and (2) from a list of 6 judges rec-
ommended by a recorded vote of the Judicial Con-
ference, who— 
(A) do not serve in the same judicial dis-
trict or circuit; and 
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(B) have not been found to have engaged 
in judicial misconduct, including workplace mis-
conduct. 
(4) EMPLOYEE
REPRESENTATION.—The fol-
lowing 4 members selected by the Chair and Vice 
Chairs: 
(A) 2 current employees of the judicial 
branch of the Federal Government who— 
(i) do not serve in the same court, cir-
cuit, agency, or office; 
(ii) have been employed by the judicial 
branch of the Federal Government for at 
least 5 years; and 
(iii) do not serve in senior executive 
positions. 
(B) 2 members who have completed a judi-
cial clerkship within the 4 years immediately 
preceding such selection. 
(c) BASIS FOR SELECTION.— 
(1) IN GENERAL.—The members shall be se-
lected solely on the basis of integrity and dem-
onstrated ability in their respective fields. Members 
shall have training or experience in the application 
of the rights, protections, procedures, and remedies, 
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or their equivalents under State or Federal law, 
made applicable under this Act. 
(2) LIMITATIONS.—Except as provided in para-
graphs (3) and (4)(A) of subsection (b), no member 
may be— 
(A) a current officer or employee of the ju-
dicial branch of the Federal Government; 
(B) a former director or deputy director of 
the Administrative Office of United States 
Courts; and 
(C) a current officer or employee of the 
legislative or executive branches. 
(d) TERMS OF OFFICE.— 
(1) IN GENERAL.—The members shall serve for 
4-year terms, except that the first members shall be 
staggered so that— 
(A) the Chair and 1 Vice Chair, as des-
ignated by the President, serve terms of 5 
years; 
(B) 3 members appointed under subsection 
(b)(2), as designated by the Judicial Con-
ference, serve terms of 5 years; 
(C) 1 member appointed under subsection 
(b)(3), as designated by the Chair and Vice 
Chairs, serves a term of 5 years; 
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(D) 1 member appointed under subsection 
(b)(4), as designated by the Chair and Vice 
Chairs, serves a term of 5 years; and 
(E) all other members initially appointed 
serve terms of 4 years. 
(2) SERVICE UNTIL SUCCESSOR APPOINTED.—A 
member whose term has expired may continue to 
serve until the date on which a successor has taken 
office. 
(e) REMOVAL.—A member may be removed from of-
fice by a majority vote, made on the record in an open 
meeting, of the Judicial Conference of the United States, 
with each vote recorded and accompanied by a statement 
explaining the reason for said vote, subject to the fol-
lowing: 
(1) The removal of a member may only be initi-
ated in the event of permanent incapacity, ineffi-
ciency, neglect of duty, or malfeasance. 
(2) The Judicial Conference shall communicate 
the reasons for any such removal to both Houses of 
Congress and the Commission within 14 days of said 
removal. 
(f) DUTIES.—The Commission shall oversee a work-
place misconduct prevention program that is consistent 
with prevailing best practices and that includes— 
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(1) a comprehensive workplace misconduct pol-
icy; 
(2) a nationwide confidential reporting system 
that is readily accessible to current and former em-
ployees of the judicial branch of the Federal Govern-
ment, law schools, and other potential complainants, 
including those who may interact with judges and 
senior executives in professional settings outside the 
judicial branch of the Federal Government; 
(3) a comprehensive training program on work-
place behavior and bystander intervention; 
(4) metrics for workplace misconduct response 
and prevention in supervisory employees’ perform-
ance reviews; 
(5) a system for independently investigating re-
ports of workplace misconduct that ensures such in-
vestigations are comprehensive, timely, effective, and 
trusted; 
(6) standards for the imposition of prompt, con-
sistent, and proportionate disciplinary and corrective 
action if workplace misconduct is determined to have 
concurred; 
(7) making publicly available, not less fre-
quently than annually, anonymized reports of aggre-
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gate formal and informal complaints of workplace 
misconduct received and responsive actions taken; 
(8) making publicly available annual reports of 
the number of individuals who were interviewed for 
full-time positions, including judicial clerkships, with 
a court of the United States, an office or agency de-
scribed in chapter 15 or part III of title 28, United 
States Code, or a defender organization described in 
section 3006A(g) of title 18, United States Code, 
and who were hired for such positions, which shall 
be disaggregated by judicial circuit and judicial 
branch agency, by sex (including by sexual orienta-
tion and gender identity), by disability, and by the 
ethnic and the racial categories in the most recent 
decennial census (or similar categories), with year- 
to-year trends of the most recent 10 years for which 
data are available, to the extent practicable; 
(9) making publicly available biennial workplace 
climate assessments that include surveys of current 
and former employees and interviews and focus 
groups of randomly selected current and former em-
ployees; 
(10) conducting annual audits of the efficacy of 
the workplace misconduct prevention program; and 
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(11) ensuring that the elements of the work-
place misconduct prevention program are easy to un-
derstand, easy to access and use, and are regularly 
communicated to all employees. 
(g) ADDITIONAL DUTIES.—The Commission shall 
also— 
(1) select and advise the Special Counsel for 
Equal Employment Opportunity appointed under 
section 6; 
(2) select and supervise the Judicial Integrity 
Officer appointed under section 5; 
(3) supervise the Office of Employee Advocacy 
established under section 7 and select the Chief 
Counsel for Employee Advocacy under section 7; 
(4) maintain policies, practices, procedures, and 
codes of conduct that— 
(A) preserve the integrity of the Commis-
sion and the offices and programs established 
under this Act; 
(B) maintain the confidence of covered em-
ployees in the Commission and the offices and 
programs established under this Act; and 
(C) guarantee procedural rights to individ-
uals during investigations and dispute resolu-
tion proceedings under this Act; 
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(5) no less than every 4 years, recommend to 
the Judicial Conference, after notice and opportunity 
for comment, revisions to the Judicial Conduct and 
Disability Rules, the Code of Conduct for Judiciary 
Employees, the Code of Conduct for Federal Public 
Defender Employees, and the Code of Conduct for 
United States Judges; 
(6) ensure that the Judicial Conference, Con-
gress, and the public are kept informed of— 
(A) the work of the Commission; 
(B) the workplace climate and culture in 
the judicial branch of the Federal Government, 
including the incidence of workplace mis-
conduct; and 
(C) the efficacy of the workplace mis-
conduct prevention program overseen by the 
Commission; 
(7) establish general policies and promulgate 
such rules and regulations for the Commission as 
are necessary to carry out the purposes of this Act; 
(8) appoint and fix the salary and duties of the 
Staff Director, who shall serve at the discretion of 
the Commission and who shall be compensated at an 
annual rate not to exceed 92 percent of the annual 
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rate of pay in effect for the Director of the Adminis-
trative Office of United States Courts; 
(9) retain private attorneys (who, when serving 
as officers or employees of the United States, shall 
be considered special government employees as de-
fined in section 202(a) of title 18, United States 
Code) to provide legal advice to the Commission in 
the conduct of its work, or to appear for or rep-
resent the Commission in any case in which the 
Commission is authorized by law to represent itself; 
and 
(10) in its discretion, pay reasonable attorney’s 
fees to private attorneys employed by the Commis-
sion out of amounts appropriated to the Commis-
sion. 
(h) DIRECTOR AND STAFF.— 
(1) DIRECTOR.—The Staff Director shall super-
vise the activities of persons employed by the Com-
mission and perform other duties assigned to the 
Staff Director by the Commission. 
(2) STAFF.— 
(A) IN
GENERAL.—The Staff Director 
shall, subject to the approval of the Commis-
sion, appoint such officers and employees as are 
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necessary in the execution of the functions of 
the Commission. 
(B) APPLICATION OF TITLE 5.—The offi-
cers and employees of the Commission shall be 
exempt from the provisions of part III of title 
5, United States Code, except the following: 
chapters 45 (Incentive Awards), 63 (Leave), 81 
(Compensation for Work Injuries), 83 (Retire-
ment), 85 (Unemployment Compensation), 87 
(Life Insurance), and 89 (Health Insurance), 
and subchapter VI of chapter 55 (Payment for 
accumulated and accrued leave). 
(C) PAY.—The annual rates of pay of the 
officers and employees of the Commission, other 
than the Staff Director, shall be fixed at rates 
not to exceed the annual rate of basic pay for 
positions at level IV of the Executive Schedule 
under section 5315 of title 5, United States 
Code. 
(i) COMPENSATION.— 
(1) IN GENERAL.—The Chair and Vice Chairs 
of the Commission shall hold full-time positions and 
shall be compensated during their terms of office at 
the annual rate at which judges of the United States 
courts of appeals are compensated. 
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(2) PER DIEM.— 
(A) RATE OF COMPENSATION FOR EACH 
DAY.—Each other member of the Commission 
shall be compensated, for each day (including 
travel time) during which such member is en-
gaged in the performance of the duties of the 
Commission, at the daily equivalent of the an-
nual rate of pay payable to judges of the United 
States courts of appeals. 
(B) AUTHORITY TO PRORATE.—The rate 
of pay of a member may be prorated based on 
the portion of the day during which the member 
is engaged in the performance of Commission 
duties. 
(3) TRAVEL EXPENSES.—Each member of the 
Commission shall receive travel expenses, including 
per diem in lieu of subsistence, at rates authorized 
for employees of agencies under subchapter I of 
chapter 57 of title 5, United States Code, for each 
day the member is engaged in the performance of 
duties away from the home or regular place of busi-
ness of the member. 
(j) GAO AUDIT.—Not later than 180 days after the 
date of enactment of this Act, and annually thereafter, 
the Comptroller General of the United States shall con-
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duct a study of the management, governance structure, 
and independence of the Commission. 
SEC. 5. OFFICE OF JUDICIAL INTEGRITY. 
(a) ESTABLISHMENT.—There is established in the ju-
dicial branch of the Federal Government the Office of Ju-
dicial Integrity (in this section referred to as the ‘‘OJI’’). 
(b) APPOINTMENT, TERM, AND REMOVAL OF JUDI-
CIAL INTEGRITY OFFICER.— 
(1) APPOINTMENT.—The head of the OJI shall 
be the Judicial Integrity Officer, who shall be ap-
pointed by the Commission, after consultation with 
the Judicial Conference of the United States. 
(2) QUALIFICATIONS.—The Judicial Integrity 
Officer shall, by demonstrated ability, background, 
training, or experience, be especially qualified to 
carry out the functions of the position. 
(3) TERM.—The Judicial Integrity Officer shall 
serve for a term of 4 years, and may be reappointed 
by the Commission, after public notice and oppor-
tunity to comment and consultation with the Judi-
cial Conference of the United States, for an addi-
tional term. 
(4) REMOVAL.—The Judicial Integrity Officer 
may be removed from office by a majority vote of 
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the Judicial Conference of the United States, subject 
to the following: 
(A) The removal of the Judicial Integrity 
Officer may only be initiated in the event of 
permanent incapacity, inefficiency, neglect of 
duty, or malfeasance. 
(B) The Judicial Conference shall commu-
nicate the reasons for any such removal to both 
Houses of Congress and the Commission not 
later than 14 days after removal. 
(c) STAFFING.— 
(1) IN GENERAL.—The Judicial Integrity Offi-
cer shall, after consultation with the Commission, 
develop a staffing plan which shall include, at a min-
imum— 
(A) 6 deputies; 
(B) a Director of Workplace Relations 
for— 
(i) each judicial circuit; 
(ii) the Court of International Trade; 
(iii) the Court of Federal Claims; 
(iv) each Federal Public Defender Or-
ganization 
described 
in 
section 
3006A(g)(2)(A) of title 18, United States 
Code; and 
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