,,ii #aagth ,,congress #ast ,session ,s4 #beec ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,july #bi1 #bjba,ms4 ,hirono 7for herself1 ,mr4 ,whitehouse1 ,mrs4 ,murray1 and ,mr4 ,durbin7 introduced the following bill2 which was read twice and referred to the ,committee on the ,judiciary ,a ,,bill ,to amend title #bh1 ,united ,states ,code1 to protect employees of the ,federal judiciary from discrimination1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,judiciary ,accountability ,act of #bjba4 #b4 ,protecting employees of the ,federal judiciary from discrimination 7a7 ,in general ,chapter #eg of title #bh1 ,united ,states ,code1 is amended by adding at the end the following3 #ifd4 ,protecting employees of the ,federal judiciary from discrimination 7a7 ,discriminatory practices prohibited ,all personnel actions 7as such term is defined in section #bcjb7;a77#b7 of title #e7 affecting covered employees 7as such term is defined in section #aj of the ,judiciary ,accountability ,act of #bjba7 shall be made free from any discrimination based on-- 7#a7 race1 color1 religion1 sex 7including sexual orientation or gender identity71 or national origin1 within the meaning of section #gjc of the ,civil ,rights ,act of #aifd 7#db ,u4,s4,c4 #bjjj;e-#b72 7#b7 age1 within the meaning of section #ae of the ,age ,discrimination in ,employment ,act of #aifg 7#bi ,u4,s4,c4 #fcc;a72 or 7#c7 disability1 within the meaning of section #eja of the ,rehabilitation ,act of #aigc 7#bi ,u4,s4,c4 #gia7 and sections #ajb through #ajd of the ,americans with ,disabilities ,act of #aiij 7#db ,u4,s4,c4 #abaab-abaad74 7b7 ,remedy 7#a7 ,civil rights ,the remedy for a violation of subsection 7a77#a7 shall be-- 7,a7 such remedy as would be appropriate if awarded under section #gjf7;g7 of the ,civil ,rights ,act of #aifd 7#db ,u4,s4,c4 #bjjj;e-#e7;g772 and 7,b7 such compensatory damages as would be appropriate if awarded under section #aigg of the ,revised ,statutes 7#db ,u4,s4,c4 #aiha71 or as would be appropriate if awarded under sections #aigg;,a7a77#a71 #aigg;,a7b77#b71 and1 irrespective of the size of the employing office1 #aigg;,a7b77#c77;,d7 of the ,revised ,statutes 7#db ,u4,s4,c4 #aiha;a7a77#a71 #aiha;a7b77#b71 and #aiha;a7b77#c77;,d774 7#b7 ,age discrimination ,the remedy for a violation of subsection 7a77#b7 shall be-- 7,a7 such remedy as would be appropriate if awarded under section #ae7;c7 of the ,age ,discrimination in ,employment ,act of #aifg 7#bi ,u4,s4,c4 #fcc;a7c772 and 7,b7 such liquidated damages as would be appropriate if awarded under section #g7;b7 of such ,act 7#bi ,u4,s4,c4 #fbf7;b774 ,in addition1 the waiver provisions of section #g7;f7 of such ,act 7#bi ,u4,s4,c4 #fbf7;f77 shall apply to covered employees4 7#c7 ,disabilities discrimination ,the remedy for a violation of subsection 7a77#c7 shall be-- 7,a7 such remedy as would be appropriate if awarded under section #eje7;a77#a7 of the ,rehabilitation ,act of #aigc 7#bi ,u4,s4,c4 #gid;a7a77#a77 or section #ajg7;a7 of the ,americans with ,disabilities ,act of #aiij 7#db ,u4,s4,c4 #abaag7;a772 and 7,b7 such compensatory damages as would be appropriate if awarded under sections #aigg;,a7a77#b71 #aigg;,a7a77#c71 #aigg;,a7b77#b71 and1 irrespective of the size of the employing office1 #aigg;,a7b77#c77;,d7 of the ,revised ,statutes 7#db ,u4,s4,c4 #aiha;a7a77#b71 #aiha;a7a77#c71 #aiha;a7b77#b71 and #aiha;a7b77#c77;,d774 7c7 ,report ,on an annual basis1 the judicial council of each circuit shall submit to ,congress a report that includes1 for the previous year1 hiring statistics for the circuit1 each court of the ,united ,states for the circuit1 each ,federal ,public ,defender ,organization described in section #cjjf;,a7g77#b77;,a7 of title #ah that is associated with the circuit1 and each office or agency referred to in section #aj7b77;,a7 of the ,judiciary ,accountability ,act of #bjba that is associated with the circuit4 4 7b7 ,clerical amendment ,the table of sections for chapter #eg of title #bh1 ,united ,states ,code1 is amended by adding at the end the following3 #ifd4 ,protecting employees of the ,federal judiciary from discrimination4 4 #c4 ,protecting whistleblowers in the ,federal judiciary from retaliation 7a7 ,in general ,chapter #eg of title #bh1 ,united ,states ,code1 as amended by this ,act1 is further amended by adding at the end the following3 #ife4 ,protecting whistleblowers from retaliation 7a7 ,in general ,no justice1 judge1 covered employee1 or contractor or subcontractor of an office or agency in the judicial branch of the ,federal ,government may discharge1 demote1 threaten1 suspend1 harass1 or in any other manner discriminate against a covered employee 7as such term is defined in section #aj of the ,judiciary ,accountability ,act of #bjba7 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 information1 cause information to be provided1 or otherwise assist in an investigation regarding any possible violation of ,federal law1 rule1 or regulation or misconduct by a justice1 judge1 contractor or subcontractor with an office or agency of the judicial branch of the ,federal ,government1 or covered employee4 7b7 ,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 7a74 7c7 ,burden of proof ,proceedings to determine a violation shall be governed by the legal burdens of proof specified in section #abba7;e7 of title #e4 7d7 ,venue ,notwithstanding section #acia1 an action under this section may be filed in any ,united ,states district court4 4 7b7 ,clerical amendment ,the table of sections for chapter #eg of title #bh1 ,united ,states ,code1 as amended by this ,act1 is further amended by adding at the end the following3 #ife4 ,protecting whistleblowers from retaliation4 4 #d4 ,establishment of the commission on judicial integrity 7a7 ,commission ,there is established in the judicial branch of the ,federal ,government the ,commission on ,judicial ,integrity4 7b7 ,membership ,the membership of the ,commission consists of the following #af members3 7#a7 ,presidential appointment ,the following #c members appointed by the ,president3 7,a7 ,a ,chair selected from a list of not more than #c candidates recommended by the concurrence of the ,council of the ,inspectors ,general on ,integrity and ,efficiency4 7,b7 ,a ,vice ,chair selected from a list of not more than #c candidates recommended by the ,equal ,employment ,opportunity ,commission4 7,c7 ,a ,vice ,chair selected from a list of not more than #c candidates recommended by the ,united ,states ,commission on ,civil ,rights4 7#b7 ,expert representation ,the following #g members selected by a recorded vote 7which shall be made available on uscourts4gov1 or any successor thereto1 along with the transcript of the proceedings and any additional statements by individual members of the ,judicial ,conference7 of the ,judicial ,conference of the ,united ,states after consultation with the majority and minority leaders of the ,senate1 the ,speaker and minority leader of the ,house of ,representatives1 the ,council of the ,inspectors ,general on ,integrity and ,efficiency1 the ,equal ,employment ,opportunity ,commission1 and the ,united ,states ,commission on ,civil ,rights3 7,a7 #b members with substantial experience in alternative dispute resolution regarding workplace misconduct4 7,b7 #b members with substantial experience in enforcing and investigating civil rights laws against workplace discrimination1 including #a member with experience representing employees4 7,c7 #a member with substantial experience working in the office of an inspector general of an agency4 7,d7 #a member with substantial experience on a ,state judicial conduct commission or equivalent ,state body4 7,e7 #a member with experience providing licensed counseling and other support for victims of harassment1 sexual assault1 discrimination1 or retaliation4 7#c7 ,judicial representation #b ,federal judges selected by the members appointed under paragraphs 7#a7 and 7#b7 from a list of #f judges recommended by a recorded vote of the ,judicial ,conference1 who-- 7,a7 do not serve in the same judicial district or circuit2 and 7,b7 have not been found to have engaged in judicial misconduct1 including workplace misconduct4 7#d7 ,employee representation ,the following #d members selected by the ,chair and ,vice ,chairs3 7,a7 #b current employees of the judicial branch of the ,federal ,government who-- 7i7 do not serve in the same court1 circuit1 agency1 or office2 7ii7 have been employed by the judicial branch of the ,federal ,government for at least #e years2 and 7iii7 do not serve in senior executive positions4 7,b7 #b members who have completed a judicial clerkship within the #d years immediately preceding such selection4 7c7 ,basis for selection 7#a7 ,in general ,the members shall be selected solely on the basis of integrity and demonstrated ability in their respective fields4 ,members shall have training or experience in the application of the rights1 protections1 procedures1 and remedies1 or their equivalents under ,state or ,federal law1 made applicable under this ,act4 7#b7 ,limitations ,except as provided in paragraphs 7#c7 and 7#d77;,a7 of subsection 7b71 no member may be-- 7,a7 a current officer or employee of the judicial branch of the ,federal ,government2 7,b7 a former director or deputy director of the ,administrative ,office of ,united ,states ,courts2 and 7,c7 a current officer or employee of the legislative or executive branches4 7d7 ,terms of ,office 7#a7 ,in general ,the members shall serve for #d years terms1 except that the first members shall be staggered so that-- 7,a7 the ,chair and #a ,vice ,chair1 as designated by the ,president1 serve terms of #e years2 7,b7 #c members appointed under subsection 7b77#b71 as designated by the ,judicial ,conference1 serve terms of #e years2 7,c7 #a member appointed under subsection 7b77#c71 as designated by the ,chair and ,vice ,chairs1 serves a term of #e years2 7,d7 #a member appointed under subsection 7b77#d71 as designated by the ,chair and ,vice ,chairs1 serves a term of #e years2 and 7,e7 all other members initially appointed serve terms of #d years4 7#b7 ,service until successor appointed ,a member whose term has expired may continue to serve until the date on which a successor has taken office4 7e7 ,removal ,a member may be removed from office by a majority vote1 made on the record in an open meeting1 of the ,judicial ,conference of the ,united ,states1 with each vote recorded and accompanied by a statement explaining the reason for said vote1 subject to the following3 7#a7 ,the removal of a member may only be initiated in the event of permanent incapacity1 inefficiency1 neglect of duty1 or malfeasance4 7#b7 ,the ,judicial ,conference shall communicate the reasons for any such removal to both ,houses of ,congress and the ,commission within #ad days of said removal4 7f7 ,duties ,the ,commission shall oversee a workplace misconduct prevention program that is consistent with prevailing best practices and that includes-- 7#a7 a comprehensive workplace misconduct policy2 7#b7 a nationwide confidential reporting system that is readily accessible to current and former employees of the judicial branch of the ,federal ,government1 law schools1 and other potential complainants1 including those who may interact with judges and senior executives in professional settings outside the judicial branch of the ,federal ,government2 7#c7 a comprehensive training program on workplace behavior and bystander intervention2 7#d7 metrics for workplace misconduct response and prevention in supervisory employees' performance reviews2 7#e7 a system for independently investigating reports of workplace misconduct that ensures such investigations are comprehensive1 timely1 effective1 and trusted2 7#f7 standards for the imposition of prompt1 consistent1 and proportionate disciplinary and corrective action if workplace misconduct is determined to have concurred2 7#g7 making publicly available1 not less frequently than annually1 anonymized reports of aggregate formal and informal complaints of workplace misconduct received and responsive actions taken2 7#h7 making publicly available annual reports of the number of individuals who were interviewed for full-time positions1 including judicial clerkships1 with a court of the ,united ,states1 an office or agency described in chapter #ae or part ,,iii of title #bh1 ,united ,states ,code1 or a defender organization described in section #cjjf;,a7g7 of title #ah1 ,united ,states ,code1 and who were hired for such positions1 which shall be disaggregated by judicial circuit and judicial branch agency1 by sex 7including by sexual orientation and gender identity71 by disability1 and by the ethnic and the racial categories in the most recent decennial census 7or similar categories71 with year-to-year trends of the most recent #aj years for which data are available1 to the extent practicable2 7#i7 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 employees2 7#aj7 conducting annual audits of the efficacy of the workplace misconduct prevention program2 and 7#aa7 ensuring that the elements of the workplace misconduct prevention program are easy to understand1 easy to access and use1 and are regularly communicated to all employees4 7g7 ,additional duties ,the ,commission shall also-- 7#a7 select and advise the ,special ,counsel for ,equal ,employment ,opportunity appointed under section #f2 7#b7 select and supervise the ,judicial ,integrity ,officer appointed under section #e2 7#c7 supervise the ,office of ,employee ,advocacy established under section #g and select the ,chief ,counsel for ,employee ,advocacy under section #g2 7#d7 maintain policies1 practices1 procedures1 and codes of conduct that-- 7,a7 preserve the integrity of the ,commission and the offices and programs established under this ,act2 7,b7 maintain the confidence of covered employees in the ,commission and the offices and programs established under this ,act2 and 7,c7 guarantee procedural rights to individuals during investigations and dispute resolution proceedings under this ,act2 7#e7 no less than every #d years1 recommend to the ,judicial ,conference1 after notice and opportunity for comment1 revisions to the ,judicial ,conduct and ,disability ,rules1 the ,code of ,conduct for ,judiciary ,employees1 the ,code of ,conduct for ,federal ,public ,defender ,employees1 and the ,code of ,conduct for ,united ,states ,judges2 7#f7 ensure that the ,judicial ,conference1 ,congress1 and the public are kept informed of-- 7,a7 the work of the ,commission2 7,b7 the workplace climate and culture in the judicial branch of the ,federal ,government1 including the incidence of workplace misconduct2 and 7,c7 the efficacy of the workplace misconduct prevention program overseen by the ,commission2 7#g7 establish general policies and promulgate such rules and regulations for the ,commission as are necessary to carry out the purposes of this ,act2 7#h7 appoint and fix the salary and duties of the ,staff ,director1 who shall serve at the discretion of the ,commission and who shall be compensated at an annual rate not to exceed #ib percent of the annual rate of pay in effect for the ,director of the ,administrative ,office of ,united ,states ,courts2 7#i7 retain private attorneys 7who1 when serving as officers or employees of the ,united ,states1 shall be considered special government employees as defined in section #bjb7;a7 of title #ah1 ,united ,states ,code7 to provide legal advice to the ,commission in the conduct of its work1 or to appear for or represent the ,commission in any case in which the ,commission is authorized by law to represent itself2 and 7#aj7 in its discretion1 pay reasonable attorney's fees to private attorneys employed by the ,commission out of amounts appropriated to the ,commission4 7h7 ,director and staff 7#a7 ,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 ,commission4 7#b7 ,staff 7,a7 ,in general ,the ,staff ,director shall1 subject to the approval of the ,commission1 appoint such officers and employees as are necessary in the execution of the functions of the ,commission4 7,b7 ,application of title #e ,the officers and employees of the ,commission shall be exempt from the provisions of part ,,iii of title #e1 ,united ,states ,code1 except the following3 chapters #de 7,incentive ,awards71 #fc 7,leave71 #ha 7,compensation for ,work ,injuries71 #hc 7,retirement71 #he 7,unemployment ,compensation71 #hg 7,life ,insurance71 and #hi 7,health ,insurance71 and subchapter ,,vi of chapter #ee 7,payment for accumulated and accrued leave74 7,c7 ,pay ,the annual rates of pay of the officers and employees of the ,commission1 other than the ,staff ,director1 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 #ecae of title #e1 ,united ,states ,code4 7i7 ,compensation 7#a7 ,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 compensated4 7#b7 ,per diem 7,a7 ,rate of compensation for each day ,each other member of the ,commission shall be compensated1 for each day 7including travel time7 during which such member is engaged in the performance of the duties of the ,commission1 at the daily equivalent of the annual rate of pay payable to judges of the ,united ,states courts of appeals4 7,b7 ,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 duties4 7#c7 ,travel expenses ,each member of the ,commission shall receive travel expenses1 including per diem in lieu of subsistence1 at rates authorized for employees of agencies under subchapter ,i of chapter #eg of title #e1 ,united ,states ,code1 for each day the member is engaged in the performance of duties away from the home or regular place of business of the member4 7j7 ,,gao audit ,not later than #ahj days after the date of enactment of this ,act1 and annually thereafter1 the ,comptroller ,general of the ,united ,states shall conduct a study of the management1 governance structure1 and independence of the ,commission4 #e4 ,office of ,judicial ,integrity 7a7 ,establishment ,there is established in the judicial branch of the ,federal ,government the ,office of ,judicial ,integrity 7in this section referred to as the ,,oji74 7b7 ,appointment1 term1 and removal of judicial integrity officer 7#a7 ,appointment ,the head of the ,,oji shall be the ,judicial ,integrity ,officer1 who shall be appointed by the ,commission1 after consultation with the ,judicial ,conference of the ,united ,states4 7#b7 ,qualifications ,the ,judicial ,integrity ,officer shall1 by demonstrated ability1 background1 training1 or experience1 be especially qualified to carry out the functions of the position4 7#c7 ,term ,the ,judicial ,integrity ,officer shall serve for a term of #d years1 and may be reappointed by the ,commission1 after public notice and opportunity to comment and consultation with the ,judicial ,conference of the ,united ,states1 for an additional term4 7#d7 ,removal ,the ,judicial ,integrity ,officer may be removed from office by a majority vote of the ,judicial ,conference of the ,united ,states1 subject to the following3 7,a7 ,the removal of the ,judicial ,integrity ,officer may only be initiated in the event of permanent incapacity1 inefficiency1 neglect of duty1 or malfeasance4 7,b7 ,the ,judicial ,conference shall communicate the reasons for any such removal to both ,houses of ,congress and the ,commission not later than #ad days after removal4 7c7 ,staffing 7#a7 ,in general ,the ,judicial ,integrity ,officer shall1 after consultation with the ,commission1 develop a staffing plan which shall include1 at a minimum-- 7,a7 #f deputies2 7,b7 a ,director of ,workplace ,relations for-- 7i7 each judicial circuit2 7ii7 the ,court of ,international ,trade2 7iii7 the ,court of ,federal ,claims2 7iv7 each ,federal ,public ,defender ,organization described in section #cjjf;,a7g77#b77;,a7 of title #ah1 ,united ,states ,code2 and 7v7 each judicial branch agency not described in clauses 7i7 through 7iv72 7,c7 at least #b employee dispute resolution coordinators for-- 7i7 each judicial district2 7ii7 each judicial circuit2 7iii7 the ,court of ,international ,trade2 and 7iv7 the ,court of ,federal ,claims2 and 7,d7 a sufficient number of employee dispute resolution coordinators for every other judicial branch agency4 7#b7 ,publication of qualifications ,the ,commission shall develop and1 after public notice and opportunity for comment1 post the qualifications for the positions described in this subsection4 7d7 ,duties ,with respect to the judicial branch of the ,federal ,government1 the ,,oji shall1 consistent with prevailing best practices1 perform the following3 7#a7 ,administer the following elements of the workplace misconduct prevention program under section #d7;f73 7,a7 ,the comprehensive workplace misconduct policy4 7,b7 ,the nationwide1 confidential reporting system4 7,c7 ,in consultation with the ,federal ,judicial ,center1 the comprehensive training program on workplace behavior and bystander intervention4 7,d7 ,the development of metrics for workplace misconduct response and prevention in supervisory employees' performance reviews4 7,e7 ,the development and maintenance of an employee dispute resolution program4 7,f7 ,regular public reporting of anonymized workplace misconduct complaints received and responsive action taken4 7,g7 ,regular public reporting of the number of individuals who were interviewed for judicial clerkship positions and who were hired for such positions1 disaggregated by circuit1 by sex 7including by sexual orientation and gender identity71 by disability1 and by the ethnic and the racial categories in the most recent decennial census 7or similar categories74 7#b7 ,provide offices and agencies employing covered employees with confidential advice and counseling regarding compliance with this ,act 7and the amendments made by this ,act74 7#c7 ,tracking complaints and investigations of workplace misconduct1 as well as remedies for such workplace misconduct4 7#d7 ,compile anonymized statistics on-- 7,a7 the use of the confidential reporting system described in section #d7;f77#b71 including the number and type of contacts made with the ,,oji2 7,b7 the reason for such contacts2 7,c7 the number of covered employees who initiated proceedings with the ,,oji under this section and the result of such proceedings2 and 7,d7 the number of covered employees who filed a claim1 the basis for the claim1 and the action taken on the claim4 7e7 ,powers ,in carrying out the duties of the ,,oji1 the ,judicial ,integrity ,officer shall have the power to-- 7#a7 make investigations and reports2 7#b7 obtain information or assistance from any ,federal1 ,state1 or local governmental agency1 or other entity1 or unit thereof1 including all information kept in the course of business by the ,judicial ,conference of the ,united ,states1 the judicial council of any circuit1 the ,administrative ,office of the ,united ,states ,courts1 the ,federal ,judicial ,center1 the ,united ,states ,sentencing ,commission1 and a defender organization described in section #cjjf;,a7g7 of title #ah1 ,united ,states ,code2 7#c7 employ such officers and employees as the ,judicial ,integrity ,officer determines appropriate1 subject to the provisions of title #e1 ,united ,states ,code1 governing appointments in the competitive service1 and the provisions of chapter #ea and subchapter ,,iii of chapter #ec of such title relating to classification and ,general ,schedule pay rates2 7#d7 obtain services as authorized by section #caji of title #e1 ,united ,states ,code1 at daily rates not to exceed the equivalent rate for a position at level ,,iv of the ,executive ,schedule under section #ecae of such title2 and 7#e7 to the extent and in such amounts as may be provided in advance by appropriations ,acts-- 7,a7 enter into contracts and other arrangements for audits1 studies1 analyses1 and other services with public agencies and with private persons2 and 7,b7 make such payments as may be necessary to carry out the duties of the ,,oji4 7f7 ,reports 7#a7 ,when to be made ,the ,judicial ,integrity ,officer shall-- 7,a7 make an annual report to the ,commission1 the ,judicial ,conference1 the judicial council for each circuit1 and to ,congress relating to the activities of the ,,oji2 and 7,b7 make prompt reports to the ,commission1 the ,judicial ,conference1 the judicial council of a circuit1 or ,congress on matters that may require action by the ,judicial ,conference1 the judicial council of the circuit1 or ,congress1 respectively4 7#b7 ,sensitive matter ,if a report contains sensitive matter1 the ,judicial ,integrity ,officer may so indicate and the ,commission1 ,judicial ,conference1 judicial council of a circuit1 or ,congress may receive that report in closed session4 #f4 ,special ,counsel for ,equal ,employment ,opportunity 7a7 ,establishment ,there is established in the judicial branch of the ,federal ,government the ,office of ,special ,counsel for ,equal ,employment ,opportunity 7in this section referred to as the ,office74 7b7 ,appointment and term 7#a7 ,appointment ,the head of the ,office shall be the ,special ,counsel for ,equal ,employment ,opportunity 7in this section referred to as the ,special ,counsel71 who shall be appointed by the ,commission1 after consultation with the ,judicial ,conference of the ,united ,states and the ,council of the ,inspectors ,general on ,integrity and ,efficiency4 7#b7 ,term ,the ,special ,counsel shall serve for a single term of #e years4 7c7 ,qualifications ,the ,special ,counsel shall1 by demonstrated ability1 background1 training1 or experience1 be especially qualified to carry out the functions of the position1 and shall not be a current or former officer or employee of the judicial branch of the ,federal ,government4 7d7 ,removal ,the ,special ,counsel may be removed from office by a majority vote of the ,judicial ,conference of the ,united ,states1 with each vote recorded and accompanied by a statement explaining the reason for said vote1 subject to the following3 7#a7 ,the removal of the ,special ,counsel may only be initiated in the event of permanent incapacity1 inefficiency1 neglect of duty1 or malfeasance4 7#b7 ,the ,judicial ,conference shall communicate the reasons for any such removal to both ,houses of ,congress and the ,commission within #ad days of said removal4 7e7 ,duties ,with respect to the judicial branch of the ,federal ,government1 the ,office shall-- 7#a7 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 ,congress2 7#b7 conduct and supervise audits and investigations regarding workplace misconduct and complaints2 7#c7 assist in the conduct of investigations pursuant to section #cec of title #bh1 ,united ,states ,code2 7#d7 conduct annual audits in accordance with section #d7;f77#aj72 and 7#e7 conduct biennial workplace climate assessments in accordance with section #d7;f77#i7 and subsection 7f7 of this section4 7f7 ,workplace culture assessment of employing offices 7#a7 ,requirement to conduct assessment ,not later than #ij days after the appointment of the first ,special ,counsel under this section1 and every year thereafter1 the ,special ,counsel shall conduct an assessment of the workplace culture of agencies and offices employing covered employees4 ,such assessment shall be consistent with prevailing best practices and shall include the following3 7,a7 ,indicators of positive and negative trends for maintaining a safe1 respectful1 diverse1 and inclusive workplace4 7,b7 ,the specific types of workplace misconduct that have occurred1 and the incidence of such misconduct4 7,c7 ,the effectiveness of the policies of the judicial branch of the ,federal ,government designed to prevent and remedy workplace misconduct4 7,d7 ,the effectiveness of the processes of the judicial branch of the ,federal ,government for complaints on and investigations into workplace misconduct4 7,e7 ,any other issues relating to workplace misconduct as the ,commission considers appropriate4 7,f7 ,a secure1 confidential1 and anonymous survey of current and former employees who have departed after the last such assessment4 7,g7 ,focus groups and confidential individual interviews of randomly selected current and former employees4 7,h7 ,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 #aj-year period ending on the date of enactment of this ,act4 7#b7 ,consultation with committees ,the ,special ,counsel shall carry out this subsection in consultation with the ,committee on the ,judiciary of the ,house of ,representatives1 the ,committee on ,oversight and ,reform of the ,house of ,representatives1 and the ,committee on the ,judiciary of the ,senate4 7#c7 ,public report ,an anonymized report on the results of each assessment under this subsection shall be made publicly available not later than #cj days after the completion of the assessment4 7g7 ,report to congress ,upon the completion of any audit by the ,special ,counsel1 the ,special ,counsel shall submit to ,congress a report containing the results of the audit4 7h7 ,powers 7#a7 ,powers ,in carrying out the duties of the ,office1 the ,special ,counsel shall have the power to-- 7,a7 make investigations1 audits1 and reports2 7,b7 obtain assistance from any agency of the judicial branch of the ,federal ,government1 including the ,judicial ,conference of the ,united ,states1 the judicial council of each circuit1 the ,administrative ,office of the ,united ,states ,courts1 the ,federal ,judicial ,center1 the ,united ,states ,sentencing ,commission1 and a defender organization described in section #cjjf;,a7g7 of title #ah1 ,united ,states ,code2 7,c7 require1 by subpoena or otherwise1 the attendance and testimony of such witnesses1 and the production of such books1 records1 correspondence1 memoranda1 papers1 and documents1 which subpoena1 in the case of contumacy or refusal to obey1 shall be enforceable by civil action2 7,d7 administer to or take from any person an oath1 affirmation1 or affidavit2 7,e7 employ such officers and employees as the ,special ,counsel determines appropriate1 subject to the provisions of title #e1 ,united ,states ,code1 governing appointments in the competitive service1 and the provisions of chapter #ea and subchapter ,,iii of chapter #ec of such title relating to classification and ,general ,schedule pay rates2 7,f7 obtain services as authorized by section #caji of title #e1 ,united ,states ,code1 at daily rates not to exceed the equivalent rate for a position at level ,,iv of the ,executive ,schedule under section #ecae of such title2 and 7,g7 to the extent and in such amounts as may be provided in advance by appropriations ,acts-- 7i7 enter into contracts and other arrangements for audits1 studies1 analyses1 and other services with public agencies and with private persons2 and 7ii7 make such payments as may be necessary to carry out the duties of the ,office4 7#b7 ,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 judge1 justice1 or court4 7i7 ,reports 7#a7 ,when to be made ,the ,special ,counsel shall-- 7,a7 make an annual report to the ,commission1 the ,judicial ,conference1 the judicial council of each circuit1 and ,congress relating to the activities of the ,office2 and 7,b7 make prompt reports to the ,commission1 the ,judicial ,conference1 the judicial council of a circuit1 ,congress1 and the ,department of ,justice on matters that may require action by the ,commission1 the ,judicial ,conference1 the judicial council of the circuit1 ,congress1 or the ,department of ,justice4 7#b7 ,sensitive matter ,if a report contains sensitive matter1 the ,special ,counsel may so indicate and the ,commission1 the ,judicial ,conference1 the judicial council of a circuit1 and to ,congress may receive that report in closed session4 #g4 ,office of ,employee ,advocacy 7a7 ,establishment ,there is established in the judicial branch of the ,federal ,government the ,office of ,employee ,advocacy 7in this section referred to as the ,,oea74 7b7 ,director of ,employee ,advocacy 7#a7 ,appointment ,the head of the ,,oea shall be the ,director of ,employee ,advocacy1 who shall be appointed by the ,commission1 after consultation with the ,judicial ,conference of the ,united ,states1 the ,equal ,employment ,opportunity ,commission1 and the ,united ,states ,commission on ,civil ,rights4 7#b7 ,term ,the ,director shall serve for a single term of #e years4 7#c7 ,qualifications ,the ,director shall1 by demonstrated ability1 background1 training1 or experience1 be especially qualified to carry out the functions of the position4 7c7 ,functions 7#a7 ,legal assistance1 consultation1 and representation ,subject to paragraph 7#e71 the ,,oea shall carry out the following functions3 7,a7 ,receive complaints from any covered employee in the judiciary branch of the ,federal ,government of workplace misconduct4 7,b7 ,provide confidential support and information1 including referrals to medical and mental health care4 7,c7 ,provide legal assistance and consultation to covered employees described in subparagraph 7,a7 under this ,act and chapter #af of title #bh1 ,united ,states ,code1 regarding the procedures under this ,act and such chapter #af and the procedures applicable to civil actions arising under this ,act and such chapter #af1 including-- 7i7 the roles and responsibilities of the ,commission1 the ,office of ,judicial ,integrity1 the ,special ,counsel for ,equal ,employment ,opportunity1 the judicial councils of the circuits1 the ,directors of ,workplace ,relations1 the employee dispute resolution coordinators described in section #e7;c77#a77;,c71 and similar authorities2 7ii7 any proceedings conducted under this ,act and chapter #af of title #bh1 ,united ,states ,code2 7iii7 the authority of the ,special ,counsel for ,equal ,employment ,opportunity to compel cooperation and testimony under investigations and proceedings conducted under this ,act2 and 7iv7 the employee's rights and duties relating to such proceedings4 7,d7 ,provide legal assistance and representation-- 7i7 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 ,government2 and 7ii7 in any proceedings under chapter #af of title #bh1 ,united ,states ,code1 or this ,act1 or before any other administrative or judicial body related to the alleged violations of such chapter #af or this ,act which are the subject of the proceedings initiated by the covered employee1 or the proceedings in which the covered employee participates4 7,e7 ,operate a hotline through which covered employees in the judiciary branch of the ,federal ,government may contact the ,,oea4 7#b7 ,authority to provide assistance in any jurisdiction ,notwithstanding any law regarding the licensure of attorneys1 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 jurisdiction1 subject to such regulations as may be prescribed by the ,,oea4 7#c7 ,nature of relationship ,the relationship between the ,,oea and an employee to whom the ,,oea provides legal assistance1 consultation1 and representation under this section shall be the relationship between an attorney and client4 7#d7 ,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 ,act4 7#e7 ,prohibiting assistance in other matters or proceedings ,the ,,oea may not provide any legal assistance1 consultation1 or representation with respect to any matter or proceeding which does not arise under this ,act or chapter #af of title #bh1 ,united ,states ,code4 #h4 ,accountability for judicial misconduct 7a7 ,establishing discrimination and retaliation as judicial misconduct ,section #ceh of title #bh1 ,united ,states ,code1 is amended-- 7#a7 by striking subsection 7a7 and inserting the following3 7a7 ,in general ,each judicial council and the ,judicial ,conference shall prescribe rules for the conduct of proceedings under this chapter1 including the processing of petitions for review that-- 7#a7 ensure the independence1 integrity1 impartiality1 and competence of proceedings under this chapter2 7#b7 ensure the greatest possible public confidence in proceedings under this chapter and maintain public confidence in the ,federal judiciary2 7#c7 reflect that the judicial office is a position of public trust2 and 7#d7 effectuate sections #dec and the provisions of the ,judiciary ,accountability ,act of #bjba4 2 7#b7 in subsection 7b7-- 7,a7 in paragraph 7#b71 by striking and at the end2 7,b7 in paragraph 7#c7-- 7i7 by inserting 7with the right to be accompanied by counsel7 after appear2 and 7ii7 by striking the period at the end and inserting 2 and2 and 7,c7 by adding the following at the end3 7#d7 providing that workplace misconduct 7as defined in the ,judiciary ,accountability ,act of #bjba7 constitutes a violation of this chapter1 including conduct prohibited under sections #ifd and #ife of this title4 2 7#c7 in subsection 7c71 in the first sentence-- 7,a7 by striking notice and an opportunity and inserting notice1 and an opportunity2 and 7,b7 by striking the period at the end and inserting 1 and written explanation in the ,federal ,register42 and 7#d7 by adding at the end the following3 7d7 ,transmission to ,congress ,not later than #ahj days before the date on which a rule prescribed under this section is to become effective1 the ,chief ,justice of the ,united ,states1 or1 if applicable1 the presiding officer of the judicial council1 shall transmit to the ,congress a copy of the proposed rule4 ,the rule shall take effect unless otherwise provided by law4 4 7b7 ,filing and identifying complaints ,section #cea of title #bh1 ,united ,states ,code1 is amended-- 7#a7 in subsection 7b71 by adding at the end the following3 ,for purposes of this chapter1 a complaint identified under this subsection shall be treated in the same manner as a complaint filed under subsection 7a742 7#b7 by redesignating subsection 7d7 as subsection 7f72 and 7#c7 by inserting after subsection 7c7 the following3 7d7 ,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 ,conference1 the ,judicial ,conference may1 by written order stating reasons therefor1 identify a complaint for purposes of this chapter and thereby dispense with filing of a written complaint4 ,upon identifying a complaint under this paragraph1 the ,judicial ,conference shall refer the complaint in accordance with the transmittal procedures described in subsection 7c74 7e7 ,special rule for employees filing complaints 7#a7 ,in general ,a complaint described in subsection 7a7 made by a current or former covered employee 7as such term is defined in the ,judiciary ,accountability ,act of #bjba7 may be filed with the ,judicial ,conference4 7#b7 ,transmittal by judicial conference ,upon receipt of a complaint filed under this subsection1 the ,judicial ,conference shall transmit the complaint in accordance with subsection 7c74 4 7c7 ,expanded definition of judge ,subsection 7f77#a7 of section #cea of title #bh1 ,united ,states ,code1 as so redesignated by subsection 7b7 of this section1 is amended by striking a circuit judge and all that follows and inserting a judge described in chapter #ag of this title or an individual who was such a judge during the conduct described in the complaint44 7d7 ,effect of resignation or retirement of judge ,chapter #af of title #bh1 ,united ,states ,code1 is amended-- 7#a7 in section #ceb1 by adding at the end the following3 7e7 ,effect of vacancy of office ,the resignation1 retirement from office under chapter #ag1 or death of a judge who is the subject of a complaint under section #cea shall not be grounds for-- 7#a7 the dismissal of the complaint under subsection 7b77#a72 or 7#b7 the conclusion that the complaint is no longer necessary under subsection 7b77#b74 2 and 7#b7 in section #cec1 by adding at the end the following3 7d7 ,effect of vacancy of office ,the special committee shall complete its investigation and file a report under subsection 7c7 without regard for the resignation1 retirement from office under chapter #ag1 or death of the judge whose conduct is the subject of the complaint4 4 7e7 ,expanding authority of judicial council ,section #ced7;a77#b77;,a7 of title #bh1 ,united ,states ,code1 is amended-- 7#a7 in clause 7i7-- 7,a7 by inserting or subject to the completion of any corrective measures recommended by the judicial council after on a temporary basis for a time certain2 and 7,b7 by inserting 1 or that any current cases assigned to the judge be reassigned before the semicolon at the end2 7#b7 in clause 7ii71 by striking and at the end2 7#c7 in clause 7iii71 by striking the period at the end and inserting 2 and2 and 7#d7 by adding at the end the following3 7iv7 in the case of a complaint based on workplace misconduct1 ordering such action as the judicial council determines appropriate to protect employees from the workplace misconduct4 4 7f7 ,fair and impartial investigations and determinations by special committee and judicial council ,chapter #af of title #bh1 ,united ,states ,code1 is amended-- 7#a7 in section #cec7;a71 by striking paragraph 7#a7 and inserting the following3 7#a7 appoint to a special committee to investigate the facts and allegations contained in the complaint-- 7,a7 himself or herself2 and 7,b7 selected at random-- 7i7 equal numbers of circuit judges and district judges from other circuits2 and 7ii7 members of the ,commission on ,judicial ,integrity2 2 and 7#b7 in section #ced1 by adding at the end the following3 7c7 ,disqualification and additional members ,for purposes of this section1 the judicial council of a circuit-- 7#a7 shall not include any member of the special committee described in section #cec2 and 7#b7 shall include at least #a randomly selected member of the ,commission on ,judicial ,integrity4 4 7g7 ,judicial conference ,to report violations to congress ,section #cee of title #bh1 ,united ,states ,code1 is amended by adding at the end the following3 7c7 ,violations reported to congress ,if the ,judicial ,conference concurs in the determination of the judicial council1 or makes its own determination1 that taking an action as described in paragraph 7#a77;,c7 and 7#b7 of section #ced7;a7 is appropriate1 the ,judicial ,conference shall submit the determination and the record of the proceedings to ,congress4 4 7h7 ,disclosure of information ,section #cfj of title #bh1 ,united ,states ,code1 is amended-- 7#a7 in subsection 7a71 in the matter preceding paragraph 7#a71 by inserting and subsections 7c7 and 7d7 of this section after section #cee2 and 7#b7 by adding at the end the following3 7c7 ,reports 7#a7 ,report to judicial conference 7,a7 ,notice of complaints filed ,not later than #cj days after a complaint is filed by an employee or former employee or identified under section #cea1 the clerk of a court of appeals shall notify the ,judicial ,conference of such complaint4 7,b7 ,report of special committee ,each special committee appointed under section #cec shall submit the report filed with the judicial council of the circuit under subsection 7c7 of that section to the ,judicial ,conference4 7,c7 ,redaction of personally identifying information ,to the extent practicable1 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 complaint4 ,the identity of the judge may be redacted only with the consent of the complainant4 7#b7 ,report to congress 7,a7 ,in general ,on a biannual basis1 the ,judicial ,conference shall submit to ,congress a report1 signed by every member of the ,executive ,committee1 that includes1 with respect to complaints under this chapter for each judicial circuit during the previous #ahj-;day period1 the following information3 7i7 ,the number1 type1 and disposition of such complaints4 7ii7 ,a description of actions taken under paragraph 7#a77;,c7 and 7#b7 of section #ced7;a74 7iii7 ,a description of voluntary remedial or corrective actions taken by judges subject to such complaints4 7iv7 ,recommendations for policies1 practices1 and procedures related to such complaints4 7,b7 ,redaction of personally identifying information ,reports submitted under this paragraph may not contain the personally identifying information of a complainant or judge4 7d7 ,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 complaint4 4 7i7 ,expenses for complainants and third parties ,section #cfa of title #bh1 ,united ,states ,code1 is amended-- 7#a7 by striking ,upon the request and inserting the following3 7a7 ,in general ,upon the request 2 and 7#b7 by adding at the end the following3 7b7 ,reimbursement ,upon the request of a complainant1 the judicial council of a circuit may1 if the complaint was not finally dismissed under section #ced7;a77#a77;,b71 recommend that the ,director of the ,administrative ,office of the ,united ,states ,courts award reimbursement1 from funds appropriated to the ,federal judiciary1 for those reasonable expenses1 including attorneys' fees1 incurred by that complainant during the investigation which would not have been incurred but for the requirements of this chapter4 4 #i4 ,rule of construction ,nothing in this ,act or the amendments made by this ,act may be construed-- 7#a7 to abolish1 diminish1 or infringe upon any right or remedy provided by the ,constitution of the ,united ,states or any other law2 7#b7 to relieve any person or ,government agency from liability under the ,constitution of the ,united ,states or any other law2 or 7#c7 to relieve any ,government agency or official of their responsibility to assure nondiscrimination in employment4 #aj4 ,definitions ,in this ,act3 7#a7 ,commission ,the term ,commission means the ,federal ,government ,commission on ,judicial ,integrity established under section #d7;a74 7#b7 ,covered employee ,the term covered employee means-- 7,a7 any full-time or part-time employee 7including an officer1 a former employee1 and an applicant for prospective employment7 of a court of the ,united ,states1 an office or agency described in chapter #ae or part ,,iii of title #bh1 ,united ,states ,code1 or a defender organization described in section #cjjf;,a7g7 of title #ah1 ,united ,states ,code2 and 7,b7 any individual who carries or carried out an official duty of a court of the ,united ,states1 an office or agency described in chapter #ae or part ,,iii of title #bh1 ,united ,states ,code1 or a defender organization described in section #cjjf;,a7g7 of title #ah1 ,united ,states ,code1 but who is not paid by such court for carrying out such duties1 including an intern4 7#c7 ,disability ,the term disability means a disability1 within the meaning of section #eja of the ,rehabilitation ,act of #aigc 7#bi ,u4,s4,c4 #gia7 and sections #ajb through #ajd of the ,americans with ,disabilities ,act of #aiij 7#db ,u4,s4,c4 #abaab-abaad74 7#d7 ,workplace misconduct ,the term workplace misconduct means misconduct impacting the workplace and employment1 including discrimination1 harassment1 retaliation1 sexual assault1 bullying1 and conduct prohibited under sections #ifd and #ife of title #bh1 ,united ,states ,code4 #aa4 ,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 ,act4