Title: Judiciary Accountability Act of 2021
Policy area: Government Operations and Politics

Summary:
Judiciary Accountability Act of 2021
This bill applies certain civil rights and employee protection laws to judicial branch employees.
Specifically, the bill applies to judicial branch employees laws that prohibit discrimination based on race, color, religion, sex (including sexual orientation or gender identity), national origin, age, or disability.
Further, the bill prohibits retaliation against whistleblowers within the judicial branch.
Additionally, the bill establishes (1) the Commission on Judicial Integrity to oversee a program to prevent workplace misconduct; (2) the Office of Judicial Integrity to oversee confidential reporting systems regarding workplace misconduct, training programs on workplace behavior and bystander intervention, and other reporting initiatives regarding employee metrics and demographics; (3) the Special Counsel for Equal Employment Opportunity to investigate alleged workplace misconduct and complaints; and (4) the Office of Employee Advocacy to provide legal assistance, representation, and consultation to judicial employees.
Finally, the bill establishes workplace discrimination, harassment, and retaliation as judicial misconduct.

[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 2553 Introduced in Senate (IS)]

<DOC>






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.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Judiciary Accountability Act of 
2021''.

SEC. 2. PROTECTING EMPLOYEES OF THE FEDERAL JUDICIARY FROM 
              DISCRIMINATION.

    (a) In General.--Chapter 57 of title 28, United States Code, is 
amended by adding at the end the following:
``Sec. 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 Accountability Act of 2021) shall be made free from any 
discrimination 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.--
            ``(1) Civil rights.--The remedy for a violation of 
        subsection (a)(1) shall be--
                    ``(A) such remedy as would be appropriate if 
                awarded under section 706(g) of the Civil Rights Act of 
                1964 (42 U.S.C. 2000e-5(g)); and
                    ``(B) such compensatory damages as would be 
                appropriate if awarded under section 1977 of the 
                Revised Statutes (42 U.S.C. 1981), or as would be 
                appropriate if awarded under sections 1977A(a)(1), 
                1977A(b)(2), and, irrespective of the size of the 
                employing 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 Discrimination 
                in Employment Act of 1967 (29 U.S.C. 633a(c)); and
                    ``(B) such liquidated damages as would be 
                appropriate if awarded under section 7(b) of such Act 
                (29 U.S.C. 626(b)).
        In addition, the waiver provisions of section 7(f) of such Act 
        (29 U.S.C. 626(f)) shall apply to covered employees.
            ``(3) Disabilities discrimination.--The remedy for a 
        violation of subsection (a)(3) shall be--
                    ``(A) such remedy as would be appropriate if 
                awarded under section 505(a)(1) of the Rehabilitation 
                Act of 1973 (29 U.S.C. 794a(a)(1)) or section 107(a) of 
                the Americans with Disabilities Act of 1990 (42 U.S.C. 
                12117(a)); and
                    ``(B) such compensatory damages as would be 
                appropriate if awarded under sections 1977A(a)(2), 
                1977A(a)(3), 1977A(b)(2), and, irrespective of the size 
                of the employing 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 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:
``Sec. 965. Protecting whistleblowers from retaliation
    ``(a) In General.--No justice, judge, covered employee, or 
contractor or subcontractor of an office or agency 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 
Accountability 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 Federal law, rule, 
or regulation or misconduct by a justice, judge, contractor or 
subcontractor with an office or agency of the judicial branch of the 
Federal Government, or covered employee.
    ``(b) Remedy.--A court may order such legal or equitable 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 action 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 JUDICIAL INTEGRITY.

    (a) Commission.--There is established in the judicial branch of the 
Federal Government the Commission on Judicial Integrity.
    (b) Membership.--The membership of the Commission consists of the 
following 16 members:
            (1) Presidential appointment.--The following 3 members 
        appointed by the President:
                    (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 Commission.
                    (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 members of the Judicial Conference) of the Judicial 
        Conference of the United States after consultation with the 
        majority and minority leaders of the Senate, the Speaker and 
        minority leader of the House of Representatives, the Council of 
        the Inspectors General on Integrity and Efficiency, the Equal 
        Employment Opportunity Commission, and the United States 
        Commission on Civil Rights:
                    (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 employees.
                    (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 licensed 
                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 recommended by a recorded vote of the Judicial 
        Conference, who--
                    (A) do not serve in the same judicial district or 
                circuit; and
                    (B) have not been found to have engaged in judicial 
                misconduct, including workplace misconduct.
            (4) Employee representation.--The following 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, 
                        circuit, 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 judicial 
                clerkship within the 4 years immediately preceding such 
                selection.
    (c) Basis for Selection.--
            (1) In general.--The members shall be selected solely on 
        the basis of integrity and demonstrated ability in their 
        respective fields. Members shall have training or experience in 
        the application of the rights, protections, procedures, and 
        remedies, or their equivalents under State or Federal law, made 
        applicable under this Act.
            (2) Limitations.--Except as provided in paragraphs (3) and 
        (4)(A) of subsection (b), no member may be--
                    (A) a current officer or employee of the judicial 
                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 years terms, 
        except that the first members shall be staggered so that--
                    (A) the Chair and 1 Vice Chair, as designated by 
                the President, serve terms of 5 years;
                    (B) 3 members appointed under subsection (b)(2), as 
                designated by the Judicial Conference, 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;
                    (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 office 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 
following:
            (1) The removal of a member may only be initiated in the 
        event of permanent incapacity, inefficiency, 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 workplace misconduct 
prevention program that is consistent with prevailing best practices 
and that includes--
            (1) a comprehensive workplace misconduct policy;
            (2) a nationwide confidential reporting system that is 
        readily accessible to current and former employees of the 
        judicial branch of the Federal Government, 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 workplace behavior 
        and bystander intervention;
            (4) metrics for workplace misconduct response and 
        prevention in supervisory employees' performance reviews;
            (5) a system for independently investigating reports of 
        workplace misconduct that ensures such investigations are 
        comprehensive, timely, effective, and trusted;
            (6) standards for the imposition of prompt, consistent, and 
        proportionate disciplinary and corrective action if workplace 
        misconduct is determined to have concurred;
            (7) making publicly available, not less frequently than 
        annually, anonymized reports of aggregate 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 described 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 orientation 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 employees;
            (10) conducting annual audits of the efficacy of the 
        workplace misconduct prevention program; and
            (11) ensuring that the elements of the workplace misconduct 
        prevention program are easy to understand, 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 Commission and 
                the offices and programs established under this Act;
                    (B) maintain the confidence of covered employees in 
                the Commission and the offices and programs established 
                under this Act; and
                    (C) guarantee procedural rights to individuals 
                during investigations and dispute resolution 
                proceedings under this Act;
            (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, Congress, 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 misconduct; and
                    (C) the efficacy of the workplace misconduct 
                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 rate of pay in effect for the Director of 
        the Administrative 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 defined 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 represent 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 Commission out of amounts 
        appropriated to the Commission.
    (h) Director and Staff.--
            (1) Director.--The Staff Director shall supervise the 
        activities of persons employed by the Commission 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 Commission, appoint such 
                officers and employees as are necessary in the 
                execution of the functions of the Commission.
                    (B) Application of title 5.--The officers 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 
                (Retirement), 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.
            (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 
                engaged in the performance of the duties of the 
                Commission, at the daily equivalent of the annual 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 business 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 conduct 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 judicial branch of 
the Federal Government the Office of Judicial Integrity (in this 
section referred to as the ``OJI'').
    (b) Appointment, Term, and Removal of Judicial Integrity Officer.--
            (1) Appointment.--The head of the OJI shall be the Judicial 
        Integrity Officer, who shall be appointed 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 opportunity to comment and consultation 
        with the Judicial Conference of the United States, for an 
        additional term.
            (4) Removal.--The Judicial Integrity Officer may be removed 
        from office by a majority vote of 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 communicate 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 Officer shall, 
        after consultation with the Commission, develop a staffing plan 
        which shall include, at a minimum--
                    (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 
                        Organization described in section 
                        3006A(g)(2)(A) of title 18, United States Code; 
                        and
                            (v) each judicial branch agency not 
                        described in clauses (i) through (iv);
                    (C) at least 2 employee dispute resolution 
                coordinators for--
                            (i) each judicial district;
                            (ii) each judicial circuit;
                            (iii) the Court of International Trade; and
                            (iv) the Court of Federal Claims; and
                    (D) a sufficient number of employee dispute 
                resolution coordinators for every other judicial branch 
                agency.
            (2) Publication of qualifications.--The Commission shall 
        develop and, after public notice and opportunity for comment, 
        post the qualifications for the positions described in this 
        subsection.
    (d) Duties.--With respect to the judicial branch of the Federal 
Government, the OJI shall, consistent with prevailing best practices, 
perform the following:
            (1) Administer the following elements of the workplace 
        misconduct prevention program under section 4(f):
                    (A) The comprehensive workplace misconduct policy.
                    (B) The nationwide, confidential reporting system.
                    (C) In consultation with the Federal Judicial 
                Center, the comprehensive training program on workplace 
                behavior and bystander intervention.
                    (D) The development of metrics for workplace 
                misconduct response and prevention in supervisory 
                employees' performance reviews.
                    (E) The development and maintenance of an employee 
                dispute resolution program.
                    (F) Regular public reporting of anonymized 
                workplace misconduct complaints received and responsive 
                action taken.
                    (G) Regular public reporting of the number of 
                individuals who were interviewed for judicial clerkship 
                positions and who were hired for such positions, 
                disaggregated by circuit, by sex (including by sexual 
                orientation and gender identity), by disability, and by 
                the ethnic and the racial categories in the most recent 
                decennial census (or similar categories).
            (2) Provide offices and agencies employing covered 
        employees with confidential advice and counseling regarding 
        compliance with this Act (and the amendments made by this Act).
            (3) Tracking complaints and investigations of workplace 
        misconduct, as well as remedies for such workplace misconduct.
            (4) Compile anonymized statistics on--
                    (A) the use of the confidential reporting system 
                described in section 4(f)(2), including the number and 
                type of contacts made with the OJI;
                    (B) the reason for such contacts;
                    (C) the number of covered employees who initiated 
                proceedings with the OJI under this section and the 
                result of such proceedings; and
                    (D) the number of covered employees who filed a 
                claim, the basis for the claim, and the action taken on 
                the claim.
    (e) Powers.--In carrying out the duties of the OJI, the Judicial 
Integrity Officer shall have the power to--
            (1) make investigations and reports;
            (2) obtain information or assistance from any Federal, 
        State, or local governmental agency, or other entity, or unit 
        thereof, including all information kept in the course of 
        business by the Judicial Conference of the United States, the 
        judicial council of any circuit, the Administrative Office of 
        the United States Courts, the Federal Judicial Center, the 
        United States Sentencing Commission, and a defender 
        organization described in section 3006A(g) of title 18, United 
        States Code;
            (3) employ such officers and employees as the Judicial 
        Integrity Officer determines appropriate, subject to the 
        provisions of title 5, United States Code, governing 
        appointments in the competitive service, and the provisions of 
        chapter 51 and subchapter III of chapter 53 of such title 
        relating to classification and General Schedule pay rates;
            (4) obtain services as authorized by section 3109 of title 
        5, United States Code, at daily rates not to exceed the 
        equivalent rate for a position at level IV of the Executive 
        Schedule under section 5315 of such title; and
            (5) to the extent and in such amounts as may be provided in 
        advance by appropriations Acts--
                    (A) enter into contracts and other arrangements for 
                audits, studies, analyses, and other services with 
                public agencies and with private persons; and
                    (B) make such payments as may be necessary to carry 
                out the duties of the OJI.
    (f) Reports.--
            (1) When to be made.--The Judicial Integrity Officer 
        shall--
                    (A) make an annual report to the Commission, the 
                Judicial Conference, the judicial council for each 
                circuit, and to Congress relating to the activities of 
                the OJI; and
                    (B) make prompt reports to the Commission, the 
                Judicial Conference, the judicial council of a circuit, 
                or Congress on matters that may require action by the 
                Judicial Conference, the judicial council of the 
                circuit, or Congress, respectively.
            (2) Sensitive matter.--If a report contains sensitive 
        matter, the Judicial Integrity Officer may so indicate and the 
        Commission, Judicial Conference, judicial council of a circuit, 
        or Congress may receive that report in closed session.

SEC. 6. SPECIAL COUNSEL FOR EQUAL EMPLOYMENT OPPORTUNITY.

    (a) Establishment.--There is established in the judicial branch of 
the Federal Government the Office of Special Counsel for Equal 
Employment Opportunity (in this section referred to as the ``Office'').
    (b) Appointment and Term.--
            (1) Appointment.--The head of the Office shall be the 
        Special Counsel for Equal Employment Opportunity (in this 
        section referred to as the ``Special Counsel''), who shall be 
        appointed by the Commission, after consultation with the 
        Judicial Conference of the United States and the Council of the 
        Inspectors General on Integrity and Efficiency.
            (2) Term.--The Special Counsel shall serve for a single 
        term of 5 years.
    (c) Qualifications.--The Special Counsel shall, by demonstrated 
ability, background, training, or experience, be especially qualified 
to carry out the functions of the position, and shall not be a current 
or former officer or employee of the judicial branch of the Federal 
Government.
    (d) Removal.--The Special Counsel may be removed from office by a 
majority vote 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 following:
            (1) The removal of the Special Counsel may only be 
        initiated in the event of permanent incapacity, inefficiency, 
        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.
    (e) Duties.--With respect to the judicial branch of the Federal 
Government, the Office shall--
            (1) conduct investigations of alleged workplace misconduct 
        in the judicial branch of the Federal Government and any 
        policies or procedures promulgated under this Act that may 
        require oversight or other action within the judicial branch of 
        the Federal Government or by Congress;
            (2) conduct and supervise audits and investigations 
        regarding workplace misconduct and complaints;
            (3) assist in the conduct of investigations pursuant to 
        section 353 of title 28, United States Code;
            (4) conduct annual audits in accordance with section 
        4(f)(10); and
            (5) conduct biennial workplace climate assessments in 
        accordance with section 4(f)(9) and subsection (f) of this 
        section.
    (f) Workplace Culture Assessment of Employing Offices.--
            (1) Requirement to conduct assessment.--Not later than 90 
        days after the appointment of the first Special Counsel under 
        this section, and every year thereafter, the Special Counsel 
        shall conduct an assessment of the workplace culture of 
        agencies and offices employing covered employees. Such 
        assessment shall be consistent with prevailing best practices 
        and shall include the following:
                    (A) Indicators of positive and negative trends for 
                maintaining a safe, respectful, diverse, and inclusive 
                workplace.
                    (B) The specific types of workplace misconduct that 
                have occurred, and the incidence of such misconduct.
                    (C) The effectiveness of the policies of the 
                judicial branch of the Federal Government designed to 
                prevent and remedy workplace misconduct.
                    (D) The effectiveness of the processes of the 
                judicial branch of the Federal Government for 
                complaints on and investigations into workplace 
                misconduct.
                    (E) Any other issues relating to workplace 
                misconduct as the Commission considers appropriate.
                    (F) A secure, confidential, and anonymous survey of 
                current and former employees who have departed after 
                the last such assessment.
                    (G) Focus groups and confidential individual 
                interviews of randomly selected current and former 
                employees.
                    (H) The first such assessment shall include a 
                survey of current covered employees and former covered 
                employees who were employed as a covered employee 
                during the 10-year period ending on the date of 
                enactment of this Act.
            (2) Consultation with committees.--The Special Counsel 
        shall carry out this subsection in consultation with the 
        Committee on the Judiciary of the House of Representatives, the 
        Committee on Oversight and Reform of the House of 
        Representatives, and the Committee on the Judiciary of the 
        Senate.
            (3) Public report.--An anonymized report on the results of 
        each assessment under this subsection shall be made publicly 
        available not later than 30 days after the completion of the 
        assessment.
    (g) Report to Congress.--Upon the completion of any audit by the 
Special Counsel, the Special Counsel shall submit to Congress a report 
containing the results of the audit.
    (h) Powers.--
            (1) Powers.--In carrying out the duties of the Office, the 
        Special Counsel shall have the power to--
                    (A) make investigations, audits, and reports;
                    (B) obtain assistance from any agency of the 
                judicial branch of the Federal Government, including 
                the Judicial Conference of the United States, the 
                judicial council of each circuit, the Administrative 
                Office of the United States Courts, the Federal 
                Judicial Center, the United States Sentencing 
                Commission, and a defender organization described in 
                section 3006A(g) of title 18, United States Code;
                    (C) require, by subpoena or otherwise, the 
                attendance and testimony of such witnesses, and the 
                production of such books, records, correspondence, 
                memoranda, papers, and documents, which subpoena, in 
                the case of contumacy or refusal to obey, shall be 
                enforceable by civil action;
                    (D) administer to or take from any person an oath, 
                affirmation, or affidavit;
                    (E) employ such officers and employees as the 
                Special Counsel determines appropriate, subject to the 
                provisions of title 5, United States Code, governing 
                appointments in the competitive service, and the 
                provisions of chapter 51 and subchapter III of chapter 
                53 of such title relating to classification and General 
                Schedule pay rates;
                    (F) obtain services as authorized by section 3109 
                of title 5, United States Code, at daily rates not to 
                exceed the equivalent rate for a position at level IV 
                of the Executive Schedule under section 5315 of such 
                title; and
                    (G) to the extent and in such amounts as may be 
                provided in advance by appropriations Acts--
                            (i) enter into contracts and other 
                        arrangements for audits, studies, analyses, and 
                        other services with public agencies and with 
                        private persons; and
                            (ii) make such payments as may be necessary 
                        to carry out the duties of the Office.
            (2) Limitation.--The Special Counsel shall not have the 
        authority to investigate or review any matter that is directly 
        related to the merits of a decision or procedural ruling by any 
        judge, justice, or court.
    (i) Reports.--
            (1) When to be made.--The Special Counsel shall--
                    (A) make an annual report to the Commission, the 
                Judicial Conference, the judicial council of each 
                circuit, and Congress relating to the activities of the 
                Office; and
                    (B) make prompt reports to the Commission, the 
                Judicial Conference, the judicial council of a circuit, 
                Congress, and the Department of Justice on matters that 
                may require action by the Commission, the Judicial 
                Conference, the judicial council of the circuit, 
                Congress, or the Department of Justice.
            (2) Sensitive matter.--If a report contains sensitive 
        matter, the Special Counsel may so indicate and the Commission, 
        the Judicial Conference, the judicial council of a circuit, and 
        to Congress may receive that report in closed session.

SEC. 7. OFFICE OF EMPLOYEE ADVOCACY.

    (a) Establishment.--There is established in the judicial branch of 
the Federal Government the Office of Employee Advocacy (in this section 
referred to as the ``OEA'').
    (b) Director of Employee Advocacy.--
            (1) Appointment.--The head of the OEA shall be the Director 
        of Employee Advocacy, who shall be appointed by the Commission, 
        after consultation with the Judicial Conference of the United 
        States, the Equal Employment Opportunity Commission, and the 
        United States Commission on Civil Rights.
            (2) Term.--The Director shall serve for a single term of 5 
        years.
            (3) Qualifications.--The Director shall, by demonstrated 
        ability, background, training, or experience, be especially 
        qualified to carry out the functions of the position.
    (c) Functions.--
            (1) Legal assistance, consultation, and representation.--
        Subject to paragraph (5), the OEA shall carry out the following 
        functions:
                    (A) Receive complaints from any covered employee in 
                the judiciary branch of the Federal Government of 
                workplace misconduct.
                    (B) Provide confidential support and information, 
                including referrals to medical and mental health care.
                    (C) Provide legal assistance and consultation to 
                covered employees described in subparagraph (A) under 
                this Act and chapter 16 of title 28, United States 
                Code, regarding the procedures under this Act and such 
                chapter 16 and the procedures applicable to civil 
                actions arising under this Act and such chapter 16, 
                including--
                            (i) the roles and responsibilities of the 
                        Commission, the Office of Judicial Integrity, 
                        the Special Counsel for Equal Employment 
                        Opportunity, the judicial councils of the 
                        circuits, the Directors of Workplace Relations, 
                        the employee dispute resolution coordinators 
                        described in section 5(c)(1)(C), and similar 
                        authorities;
                            (ii) any proceedings conducted under this 
                        Act and chapter 16 of title 28, United States 
                        Code;
                            (iii) the authority of the Special Counsel 
                        for Equal Employment Opportunity to compel 
                        cooperation and testimony under investigations 
                        and proceedings conducted under this Act; and
                            (iv) the employee's rights and duties 
                        relating to such proceedings.
                    (D) Provide legal assistance and representation--
                            (i) in personal civil legal matters related 
                        to the initiation of or participation in 
                        proceedings under this Act by a covered 
                        employee in the judiciary branch of the Federal 
                        Government; and
                            (ii) in any proceedings under chapter 16 of 
                        title 28, United States Code, or this Act, or 
                        before any other administrative or judicial 
                        body related to the alleged violations of such 
                        chapter 16 or this Act which are the subject of 
                        the proceedings initiated by the covered 
                        employee, or the proceedings in which the 
                        covered employee participates.
                    (E) Operate a hotline through which covered 
                employees in the judiciary branch of the Federal 
                Government may contact the OEA.
            (2) Authority to provide assistance in any jurisdiction.--
        Notwithstanding any law regarding the licensure of attorneys, 
        an attorney who is employed by the OEA and is authorized to 
        provide legal assistance and representation under this section 
        is authorized to provide that assistance and representation in 
        any jurisdiction, subject to such regulations as may be 
        prescribed by the OEA.
            (3) Nature of relationship.--The relationship between the 
        OEA and an employee to whom the OEA provides legal assistance, 
        consultation, and representation under this section shall be 
        the relationship between an attorney and client.
            (4) Prohibiting acceptance of award of attorney fees or 
        other costs.--The OEA may not accept any award of attorney fees 
        or other litigation expenses or costs under any hearing or 
        civil action brought under this Act.
            (5) Prohibiting assistance in other matters or 
        proceedings.--The OEA may not provide any legal assistance, 
        consultation, or representation with respect to any matter or 
        proceeding which does not arise under this Act or chapter 16 of 
        title 28, United States Code.

SEC. 8. ACCOUNTABILITY FOR JUDICIAL MISCONDUCT.

    (a) Establishing Discrimination and Retaliation as Judicial 
Misconduct.--Section 358 of title 28, United States Code, is amended--
            (1) by striking subsection (a) and inserting the following:
    ``(a) In General.--Each judicial council and the Judicial 
Conference shall prescribe rules for the conduct of proceedings under 
this chapter, including the processing of petitions for review that--
            ``(1) ensure the independence, integrity, impartiality, and 
        competence of proceedings under this chapter;
            ``(2) ensure the greatest possible public confidence in 
        proceedings under this chapter and maintain public confidence 
        in the Federal judiciary;
            ``(3) reflect that the judicial office is a position of 
        public trust; and
            ``(4) effectuate sections 453 and the provisions of the 
        Judiciary Accountability Act of 2021.'';
            (2) in subsection (b)--
                    (A) in paragraph (2), by striking ``and'' at the 
                end;
                    (B) in paragraph (3)--
                            (i) by inserting ``(with the right to be 
                        accompanied by counsel)'' after ``appear''; and
                            (ii) by striking the period at the end and 
                        inserting ``; and''; and
                    (C) by adding the following at the end:
            ``(4) providing that workplace misconduct (as defined in 
        the Judiciary Accountability Act of 2021) constitutes a 
        violation of this chapter, including conduct prohibited under 
        sections 964 and 965 of this title.'';
            (3) in subsection (c), in the first sentence--
                    (A) by striking ``notice and an opportunity'' and 
                inserting ``notice, and an opportunity''; and
                    (B) by striking the period at the end and inserting 
                ``, and written explanation in the Federal Register.''; 
                and
            (4) by adding at the end the following:
    ``(d) Transmission to Congress.--Not later than 180 days before the 
date on which a rule prescribed under this section is to become 
effective, the Chief Justice of the United States, or, if applicable, 
the presiding officer of the judicial council, shall transmit to the 
Congress a copy of the proposed rule. The rule shall take effect unless 
otherwise provided by law.''.
    (b) Filing and Identifying Complaints.--Section 351 of title 28, 
United States Code, is amended--
            (1) in subsection (b), by adding at the end the following: 
        ``For purposes of this chapter, a complaint identified under 
        this subsection shall be treated in the same manner as a 
        complaint filed under subsection (a).'';
            (2) by redesignating subsection (d) as subsection (f); and
            (3) by inserting after subsection (c) the following:
    ``(d) Identifying Complaint by Judicial Conference.--In the 
interests of the effective and expeditious administration of the 
business of the courts and on the basis of information available to the 
Judicial Conference, the Judicial Conference may, by written order 
stating reasons therefor, identify a complaint for purposes of this 
chapter and thereby dispense with filing of a written complaint. Upon 
identifying a complaint under this paragraph, the Judicial Conference 
shall refer the complaint in accordance with the transmittal procedures 
described in subsection (c).
    ``(e) Special Rule for Employees Filing Complaints.--
            ``(1) In general.--A complaint described in subsection (a) 
        made by a current or former covered employee (as such term is 
        defined in the Judiciary Accountability Act of 2021) may be 
        filed with the Judicial Conference.
            ``(2) Transmittal by judicial conference.--Upon receipt of 
        a complaint filed under this subsection, the Judicial 
        Conference shall transmit the complaint in accordance with 
        subsection (c).''.
    (c) Expanded Definition of Judge.--Subsection (f)(1) of section 351 
of title 28, United States Code, as so redesignated by subsection (b) 
of this section, is amended by striking ``a circuit judge'' and all 
that follows and inserting ``a judge described in chapter 17 of this 
title or an individual who was such a judge during the conduct 
described in the complaint.''.
    (d) Effect of Resignation or Retirement of Judge.--Chapter 16 of 
title 28, United States Code, is amended--
            (1) in section 352, by adding at the end the following:
    ``(e) Effect of Vacancy of Office.--The resignation, retirement 
from office under chapter 17, or death of a judge who is the subject of 
a complaint under section 351 shall not be grounds for--
            ``(1) the dismissal of the complaint under subsection 
        (b)(1); or
            ``(2) the conclusion that the complaint is no longer 
        necessary under subsection (b)(2).''; and
            (2) in section 353, by adding at the end the following:
    ``(d) Effect of Vacancy of Office.--The special committee shall 
complete its investigation and file a report under subsection (c) 
without regard for the resignation, retirement from office under 
chapter 17, or death of the judge whose conduct is the subject of the 
complaint.''.
    (e) Expanding Authority of Judicial Council.--Section 354(a)(2)(A) 
of title 28, United States Code, is amended--
            (1) in clause (i)--
                    (A) by inserting ``or subject to the completion of 
                any corrective measures recommended by the judicial 
                council'' after ``on a temporary basis for a time 
                certain''; and
                    (B) by inserting ``, or that any current cases 
                assigned to the judge be reassigned'' before the 
                semicolon at the end;
            (2) in clause (ii), by striking ``and'' at the end;
            (3) in clause (iii), by striking the period at the end and 
        inserting ``; and''; and
            (4) by adding at the end the following:
                            ``(iv) in the case of a complaint based on 
                        workplace misconduct, ordering such action as 
                        the judicial council determines appropriate to 
                        protect employees from the workplace 
                        misconduct.''.
    (f) Fair and Impartial Investigations and Determinations by Special 
Committee and Judicial Council.--Chapter 16 of title 28, United States 
Code, is amended--
            (1) in section 353(a), by striking paragraph (1) and 
        inserting the following:
            ``(1) appoint to a special committee to investigate the 
        facts and allegations contained in the complaint--
                    ``(A) himself or herself; and
                    ``(B) selected at random--
                            ``(i) equal numbers of circuit judges and 
                        district judges from other circuits; and
                            ``(ii) members of the Commission on 
                        Judicial Integrity;''; and
            (2) in section 354, by adding at the end the following:
    ``(c) Disqualification and Additional Members.--For purposes of 
this section, the judicial council of a circuit--
            ``(1) shall not include any member of the special committee 
        described in section 353; and
            ``(2) shall include at least 1 randomly selected member of 
        the Commission on Judicial Integrity.''.
    (g) Judicial Conference To Report Violations to Congress.--Section 
355 of title 28, United States Code, is amended by adding at the end 
the following:
    ``(c) Violations Reported to Congress.--If the Judicial Conference 
concurs in the determination of the judicial council, or makes its own 
determination, that taking an action as described in paragraph (1)(C) 
and (2) of section 354(a) is appropriate, the Judicial Conference shall 
submit the determination and the record of the proceedings to 
Congress.''.
    (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 an employee or 
                former employee or identified under section 351, the 
                clerk of a court of appeals shall notify the Judicial 
                Conference of such complaint.
                    ``(B) Report of special committee.--Each special 
                committee appointed under section 353 shall submit the 
                report filed with the judicial council of the circuit 
                under subsection (c) of that section to the Judicial 
                Conference.
                    ``(C) Redaction of personally identifying 
                information.--To the extent practicable, a notification 
                and report under this paragraph shall not include any 
                personally identifying information except for the 
                identity of the judge whose conduct is the subject of 
                the complaint. The identity of the judge may be 
                redacted only with the consent of the complainant.
            ``(2) Report to congress.--
                    ``(A) In general.--On a biannual basis, the 
                Judicial Conference shall submit to Congress a report, 
                signed by every member of the Executive Committee, that 
                includes, with respect to complaints under this chapter 
                for each judicial circuit during the previous 180-day 
                period, the following information:
                            ``(i) The number, type, and disposition of 
                        such complaints.
                            ``(ii) A description of actions taken under 
                        paragraph (1)(C) and (2) of section 354(a).
                            ``(iii) A description of voluntary remedial 
                        or corrective actions taken by judges subject 
                        to such complaints.
                            ``(iv) Recommendations for policies, 
                        practices, and procedures related to such 
                        complaints.
                    ``(B) Redaction of personally identifying 
                information.--Reports submitted under this paragraph 
                may not contain the personally identifying information 
                of a complainant or judge.
    ``(d) Disclosure by Complainant Permitted.--Nothing in this chapter 
shall be construed to prevent a complainant or victim of judicial 
misconduct from disclosing any information related to the complaint.''.
    (i) Expenses for Complainants and Third Parties.--Section 361 of 
title 28, United States Code, is amended--
            (1) by striking ``Upon the request'' and inserting the 
        following:
    ``(a) In General.--Upon the request''; and
            (2) by adding at the end the following:
    ``(b) Reimbursement.--Upon the request of a complainant, 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 the requirements of this chapter.''.

SEC. 9. RULE OF CONSTRUCTION.

    Nothing in this Act or the amendments made by this Act may be 
construed--
            (1) to abolish, diminish, or infringe upon any right or 
        remedy provided by the Constitution of the United States or any 
        other law;
            (2) to relieve any person or Government agency from 
        liability under the Constitution of the United States or any 
        other law; or
            (3) to relieve any Government agency or official of their 
        responsibility to assure nondiscrimination in employment.

SEC. 10. DEFINITIONS.

    In this Act:
            (1) Commission.--The term ``Commission'' means the Federal 
        Government Commission on Judicial Integrity established under 
        section 4(a).
            (2) Covered employee.--The term ``covered employee'' 
        means--
                    (A) any full-time or part-time employee (including 
                an officer, a former employee, and an applicant for 
                prospective employment) of a court of the United 
                States, an office or agency described 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
                    (B) any individual who carries or carried out an 
                official duty of a court of the United States, an 
                office or agency described 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, but who is not paid by such court 
                for carrying out such duties, including an intern.
            (3) Disability.--The term ``disability'' means a 
        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).
            (4) Workplace misconduct.--The term ``workplace 
        misconduct'' means misconduct impacting the workplace and 
        employment, including discrimination, harassment, retaliation, 
        sexual assault, bullying, and conduct prohibited under sections 
        964 and 965 of title 28, United States Code.

SEC. 11. AUTHORIZATION OF APPROPRIATIONS.

     There are authorized to be appropriated such funds as are 
necessary to carry out this Act and the amendments made by this Act.
                                 <all>