118 HR 9674 IH: Judiciary Accountability Act of 2024
U.S. House of Representatives
2024-09-19
text/xml
EN
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I
118th CONGRESS
2d Session
H. R. 9674
IN THE HOUSE OF REPRESENTATIVES
September 19, 2024
Mr. Johnson of Georgia (for himself, Mr. Nadler, Mrs. Torres of California, Ms. Dean of Pennsylvania, Mrs. Watson Coleman, Ms. Tlaib, and Mr. Schiff) introduced the following bill; which was referred to the Committee on the Judiciary, and in addition to the Committees on Oversight and Accountability, Ways and Means, and Veterans' Affairs, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned
A BILL
To make certain antidiscrimination laws applicable to the judicial branch of the Federal Government, and for other purposes.
1.

Short title; table of contents
(a)

Short title
This Act may be cited as the “Judiciary Accountability Act of 2024”.
(b)

Table of contents
The table of contents for this Act is as follows:
Sec. 1. Short title; table of contents.
Title I—General
Sec. 101. Definitions.
Sec. 102. Application of laws.
Title II—Extension of rights and protections
Subtitle A—Employment discrimination, employment and reemployment of veterans, intimidation, and reprisal
Sec. 201. Rights and protections under title VII of the Civil Rights Act of 1964, the Age Discrimination in Employment Act of 1967, the Rehabilitation Act of 1973, title I of the Americans with Disabilities Act of 1990, and title II of the Genetic Information Nondiscrimination Act of 2008.
Sec. 202. Rights and protections relating to veterans’ employment and reemployment.
Sec. 203. Prohibition of intimidation or reprisal.
Sec. 204. Remedies and limitations.
Subtitle B—Reporting and notices
Sec. 211. Annual reports.
Sec. 212. Notices.
Title III—Office of judicial integrity
Sec. 301. Establishment of the Office of Judicial Integrity.
Sec. 302. Officers, staff, and other personnel.
Sec. 303. Procedural rules.
Sec. 304. Substantive regulations.
Sec. 305. Expenses.
Title IV—Administrative and judicial dispute-resolution procedures
Sec. 401. Procedure for consideration of alleged violations.
Sec. 402. Initiation of proceedings.
Sec. 403. Preliminary review of claims.
Sec. 404. Mediation.
Sec. 405. Hearing.
Sec. 406. Appeal to the Board.
Sec. 407. Judicial review of board decisions and enforcement.
Sec. 408. Civil action.
Sec. 409. Judicial review of regulations.
Sec. 410. Other judicial review prohibited.
Sec. 411. Effect of failure to issue regulations.
Sec. 412. Expedited review of certain appeals.
Sec. 413. Sovereign immunity and judicial independence.
Sec. 414. Settlement.
Sec. 415. Payments.
Sec. 416. Confidentiality and referrals.
Title V—Employee advocacy
Sec. 501. Office of Employee Advocacy.
Sec. 502. Anonymous reporting.
Title VI—Miscellaneous provisions
Sec. 601. Improvements to judicial conduct and disability complaints process.
Sec. 602. District of Columbia courts.
Sec. 603. United States Tax Court.
Sec. 604. Court of Appeals for Veterans Claims.
Sec. 605. District Court of Guam.
Sec. 606. District Court for the Northern Mariana Islands.
Sec. 607. District Court of the Virgin Islands.
Sec. 608. Supreme Court of the United States.
Sec. 609. Transition provisions.
Sec. 610. Severability.
I

General
101.

Definitions
Except as otherwise specifically provided in this Act, as used in this Act:
(1)

Board
The term Board means the Board of Directors of the Office of Judicial Integrity.
(2)

Chair
The term Chair means the Chair of the Board of Directors of the Office of Judicial Integrity.
(3)

Covered employee
The term covered employee means any employee of an employing unit.
(4)

Employee
The term employee includes an officer, an applicant for employment, and a former employee.
(5)

Employing unit
(A)

In general
The term employing unit means—
(i)
(I)
a court of appeals of the United States, for individuals employed directly by the court, including covered individuals;
(II)
a district court of the United States, for individuals employed directly by the court, including covered individuals;
(III)
a bankruptcy court, for individuals employed directly by the court, including covered individuals;
(IV)
the United States Court of Federal Claims, for individuals employed directly by the court, including covered individuals; and
(V)
the United States Court of International Trade, for individuals employed directly by the court, including covered individuals;
(ii)
a judicial council of a court of appeals, for individuals employed directly by the council, including covered individuals;
(iii)
the office of a judge of a court described in clause (i), for individuals appointed by the judge;
(iv)
the office of a United States magistrate judge, for individuals appointed by the judge;
(v)
the office of a bankruptcy judge, for individuals appointed by the judge;
(vi)
the office of a person who is a circuit executive, clerk, librarian, crier, or staff attorney of a court of appeals, for individuals appointed by that person;
(vii)
the office of the senior technical assistant of the Court of Appeals for the Federal Circuit, for individuals appointed by the senior technical assistant;
(viii)
the office of the clerk of a district court of the United States, a bankruptcy court, or the United States Court of Federal Claims, for individuals appointed by the clerk;
(ix)
the office of a district court executive, for individuals appointed by the executive;
(x)
the Judicial Conference of the United States, the Administrative Office of the United States Courts, the Federal Judicial Center, and the United States Sentencing Commission; and
(xi)
a Federal Public Defender Organization described in section 3006A(g)(2)(A) of title 18, United States Code.
(B)

Covered individual
In subparagraph (A), the term covered individual includes a circuit executive, a clerk of court, a court reporter, a probation officer, a pretrial services officer, a librarian, a crier, a messenger, a bailiff, a staff attorney, a preargument attorney, a bankruptcy administrator, and (with respect to the United States Court of Appeals for the Federal Circuit) the senior technical assistant of that court.
(6)

General Counsel
The term General Counsel means the General Counsel of the Office of Judicial Integrity.
(7)

Judge
The term judge has the meaning given the term in section 351 of title 28, United States Code.
(8)

Judicial branch agency
The term judicial branch agency—
(A)
means an entity established in the judicial branch of the Federal Government that is not an employing unit described in clauses (i) through (ix), or clause (xi), of paragraph (5)(A); and
(B)
includes the Judicial Conference of the United States, the Administrative Office of the United States Courts, the Federal Judicial Center, and the United States Sentencing Commission.
(9)

Judicial council
The term judicial council means a judicial council of a circuit described in section 332 of title 28, United States Code.
(10)

OEA
The term OEA means the Office of Employee Advocacy.
(11)

Office
The term Office means the Office of Judicial Integrity.
(12)

Other abusive conduct
The term other abusive conduct—
(A)
means a pattern of demonstrably egregious and hostile conduct not covered by subtitle A of title II that—
(i)
unreasonably interferes with a covered employee’s work;
(ii)
creates an abusive working environment; and
(iii)
is threatening, oppressive, or intimidating; and
(B)
does not include communications and actions that are reasonably related to—
(i)
performance management, including instruction, corrective criticism, and evaluation;
(ii)
performance improvement plans;
(iii)
duty assignments and changes to duty assignments;
(iv)
office organization; or
(v)
progressive discipline.
(13)

Workplace misconduct
The term workplace misconduct—
(A)
means misconduct against a covered employee that impacts or is related to the covered employee’s workplace or employment; and
(B)
includes conduct prohibited under subtitle A of title II, other abusive conduct, and other misconduct the Board defines by rulemaking pursuant to section 304.
102.

Application of laws
The following laws shall apply, as prescribed by this Act and notwithstanding any other provision of Federal law, to the judicial branch of the Federal Government:
(1)
Title VII of the Civil Rights Act of 1964 (42 U.S.C. 2000e et seq.).
(2)
The Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.).
(3)
The Age Discrimination in Employment Act of 1967 (29 U.S.C. 621 et seq.).
(4)
The Rehabilitation Act of 1973 (29 U.S.C. 701 et seq.).
(5)
Title II of the Genetic Information Nondiscrimination Act of 2008 (42 U.S.C. 2000ff et seq.).
(6)
Chapter 43 (relating to veterans’ employment and reemployment) of title 38, United States Code.
II

Extension of rights and protections
A

Employment discrimination, employment and reemployment of veterans, intimidation, and reprisal
201.

Rights and protections under title VII of the Civil Rights Act of 1964, the Age Discrimination in Employment Act of 1967, the Rehabilitation Act of 1973, title I of the Americans with Disabilities Act of 1990, and title II of the Genetic Information Nondiscrimination Act of 2008
(a)

Discriminatory practices prohibited
All personnel actions affecting covered employees shall be made free from any discrimination or an unlawful practice based on—
(1)
race, color, religion, sex, 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);
(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); or
(4)
genetic information, within the meaning of section 202 of the Genetic Information Nondiscrimination Act of 2008 (42 U.S.C. 2000ff–1).
(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 unit, 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 unit, 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)).
(4)

Genetic information
The remedy for a violation of subsection (a)(4) shall be the remedy specified in section 207(g) of the Genetic Information Nondiscrimination Act of 2008 (42 U.S.C. 2000ff–6(g)).
(c)

Conforming amendments
(1)

Genetic Information Nondiscrimination Act of 2008
(A)

Definitions
Section 201(2) of the Genetic Information Nondiscrimination Act of 2008 (42 U.S.C. 2000ff(2)) is amended—
(i)
in subparagraph (A)—
(I)
by striking “or” at the end of clause (iv);
(II)
by striking the period at the end of clause (v) and inserting “; or”; and
(III)
by adding after clause (v) the following:
“(vi)
a covered employee (including an applicant and a former employee), as defined in section 101 of the Judiciary Accountability Act of 2024.”; and
(ii)
in subparagraph (B)—
(I)
by striking “or” at the end of clause (iv);
(II)
by striking the period at the end of clause (v) and inserting “; or”; and
(III)
by adding after clause (v) the following:
“(vi)
an employing unit, as defined in section 101 of the Judiciary Accountability Act of 2024.”.
(B)

Remedies and enforcement
Section 207 of such Act (42 U.S.C. 2000ff–6) is amended—
(i)
by redesignating subsection (g) as subsection (h); and
(ii)
by inserting after subsection (f) the following:
“(g)

Employees covered by Judiciary Accountability Act of 2024
(1)

In general
The powers, remedies, and procedures provided in the Judiciary Accountability Act of 2024 to the Board (as defined in section 101 of that Act), or any person, alleging a violation of section 201(a)(1) of that Act shall be the powers, remedies, and procedures this title provides to that Board, or any person, respectively, alleging an unlawful employment practice in violation of this title against an employee described in section 201(2)(A)(vi), except as provided in paragraphs (2) and (3).
(2)

Costs and fees
The powers, remedies, and procedures provided in subsections (b) and (c) of section 722 of the Revised Statutes (42 U.S.C. 1988) shall be powers, remedies, and procedures this title provides to that Board, or any person, respectively, alleging such a practice.
(3)

Damages
The powers, remedies, and procedures provided in section 1977A of the Revised Statutes (42 U.S.C. 1981a), including, irrespective of the size of the employing unit, in subsection (b)(3)(D) of such section 1977A, shall be powers, remedies, and procedures this title provides to that Board, or any person, respectively, alleging such a practice (not an employment practice specifically excluded from coverage under section 1977A(a)(1) of the Revised Statutes (42 U.S.C. 1981a(a)(1)).
(4)

Other applicable provisions
With respect to a claim alleging a practice described in paragraph (1), titles III and IV of the Judiciary Accountability Act of 2024 shall apply in the same manner as such titles apply with respect to a claim alleging a violation of section 201(a)(1) of such Act.”.
(d)

Application to unpaid staff
(1)

In general
Subsections (a) and (b) shall apply with respect to—
(A)
any staff member of an employing unit who carries out official duties of the employing unit but who is not paid by the employing unit for carrying out such duties (referred to in this subsection as an “unpaid staff member”), including an intern, an individual detailed to an employing unit from elsewhere, and an individual participating in a fellowship program or clerkship, in the same manner and to the same extent as such subsections apply with respect to a covered employee; and
(B)
a former unpaid staff member, if the act that may be a violation of subsection (a) occurred during the service of the former unpaid staff member in the employing unit.
(2)

Rule of construction
Nothing in paragraph (1) may be construed to extend liability for a violation of subsection (a) to an employing unit on the basis of an action taken by any person who is not under the supervision or control of the employing unit.
(3)

Intern defined
For purposes of this subsection, the term intern means an individual who performs service for an employing unit which is uncompensated by the United States to earn credit awarded by an educational institution or to learn a trade or occupation.
(e)

Effective date
This section shall take effect 1 year after the date of enactment of this Act.
202.

Rights and protections relating to veterans’ employment and reemployment
(a)

Employment and reemployment rights of members of the uniformed services
(1)

In general
It shall be unlawful for an employing unit to—
(A)
discriminate within the meaning of subsections (a) and (b) of section 4311 of title 38, United States Code, against an eligible employee;
(B)
deny to an eligible employee reemployment rights within the meaning of sections 4312 and 4313 of title 38, United States Code; or
(C)
deny to an eligible employee benefits within the meaning of sections 4316, 4317, and 4318 of title 38, United States Code.
(2)

Eligible employee
For purposes of this section, the term eligible employee means a covered employee performing service in the uniformed services, within the meaning of section 4303(13) of title 38, United States Code, whose service has not been terminated upon occurrence of any of the events enumerated in section 4304 of title 38, United States Code.
(b)

Remedy
The remedy for a violation of subsection (a) shall be such remedy as would be appropriate if awarded under section 4323(d) of title 38, United States Code.
(c)

Regulations To implement section
(1)

In general
The Board shall, pursuant to section 304, issue regulations to implement this section.
(2)

Agency regulations
The regulations issued under paragraph (1) shall be the same as substantive regulations promulgated by the Secretary of Labor to implement the statutory provisions referred to in subsection (a) except to the extent that the Board may determine, for good cause shown and stated together with the regulation, that a modification of such regulations would be more effective for the implementation of the rights and protections under this section.
(d)

Effective date
Subsections (a) and (b) shall be effective 1 year after the date of enactment of this Act.
203.

Prohibition of intimidation or reprisal
(a)

In general
It shall be unlawful for an employing unit to intimidate, take reprisal against, or otherwise discriminate against, any covered employee—
(1)
because the covered employee has opposed any practice made unlawful by this Act; or
(2)
because the covered employee has—
(A)
initiated proceedings;
(B)
made a charge, complaint, or claim; or
(C)
testified, assisted, or participated in any manner in a hearing or other proceeding,
under this Act or under chapter 16 of title 28, United States Code.
(b)

Remedy
The remedy available for a violation of subsection (a) shall be such legal or equitable remedy as may be appropriate to redress a violation of subsection (a).
(c)

Burden of proof
In any proceeding involving an alleged violation of this section, the burden of proof shall be determined in accordance with section 1221(e) of title 5, United States Code, in addition to any other applicable provision.
(d)

Venue
Notwithstanding section 408(b), in addition to the venue specified by section 1391 of title 28, United States Code, venue for a civil action for a claim arising under this section shall lie in the United States District Court for the District of Columbia and in any judicial district located within 100 miles of any border of the judicial district in which the covered employee is, applies to be, or was, employed by an employing unit.
(e)

Effective date
Subsections (a) through (d) shall be effective 1 year after the date of enactment of this Act.
204.

Remedies and limitations
(a)

Attorney’s fees
If a covered employee, with respect to any claim under this Act, is a prevailing party in any proceeding under section 405, 406, 407, or 408, the Merits Hearing Officer, Board, or court, as the case may be, may award attorney’s fees, expert fees, and any other costs as would be appropriate if awarded under section 706(k) of the Civil Rights Act of 1964 (42 U.S.C. 2000e–5(k)).
(b)

Interest
In any proceeding under section 405, 406, 407, or 408, the same interest to compensate for delay in payment shall be made available as would be appropriate if awarded under section 717(d) of the Civil Rights Act of 1964 (42 U.S.C. 2000e–16(d)).
(c)

Civil penalties and punitive damages
No civil penalty or punitive damages may be awarded with respect to any claim under this Act.
(d)

Exclusive procedure
(1)

In general
Except as provided in paragraph (2), no person may commence an administrative or judicial proceeding to seek a remedy for a violation of the rights and protections afforded by this Act except as provided in this Act or the rules and regulations promulgated under this Act.
(2)

Veterans
A covered employee alleging a violation of section 202 may also utilize any provisions of chapter 43 of title 38, United States Code, that are applicable to that employee.
(e)

Construction
(1)

Definitions and exemptions
Except if inconsistent with definitions and exemptions provided in this Act, the definitions and exemptions in the laws made applicable to covered employees by this Act shall apply to claims by covered employees, and defense to claims by covered employees, under this Act.
(2)

Size limitations
Notwithstanding paragraph (1), provisions in the laws made applicable to covered employees under this Act determining coverage based on size, whether expressed in terms of number of employees, amount of business transacted, or another measure, shall not apply in determining coverage under this Act.
(3)

Executive branch enforcement
This Act shall not be construed to authorize enforcement of this Act by the executive branch.
B

Reporting and notices
211.

Annual reports
(a)

Annual reports on awards and settlements
(1)

In general
(A)

Requirement
The Office shall prepare and submit to the Committee on the Judiciary of the Senate and the Committee on the Judiciary of the House of Representatives, and publish on the public website of the Office, an annual report regarding payments from the account described in section 415(a) that were the result of claims alleging a violation of subtitle A (referred to in this subsection as “covered payments”).
(B)

Reporting
The reporting required under this paragraph shall—
(i)
include the amount of such a covered payment and information on the employing unit involved; and
(ii)
identify each provision of subtitle A that was the subject of a claim resulting in the covered payment.
(C)

Reporting periods and dates
The report required under this paragraph shall be submitted by January 31 of each year and shall reflect covered payments made in the previous calendar year.
(2)

Protection of identity of individuals receiving awards and settlements
In preparing, submitting, and publishing the reports required under paragraph (1), the Office shall ensure that the identity or position of any claimant is not disclosed.
(3)

Authority to protect the identity of a claimant
(A)

In general
In carrying out paragraph (2), the Judicial Integrity Officer, in consultation with the Board, may make an appropriate redaction to the data included in the report described in paragraph (1) if the Judicial Integrity Officer, in consultation with the Board, determines that including the data considered for redaction may lead to the identity or position of a claimant unintentionally being disclosed. The report shall note each redaction and include a statement that the redaction was made solely for the purpose of avoiding such an unintentional disclosure of the identity or position of a claimant.
(B)

Recordkeeping
The Judicial Integrity Officer shall retain a copy of the report described in paragraph (1), without redactions.
(4)

Definition
In this subsection, the term claimant means an individual who received an award or settlement, related to a violation of subtitle A, or who made an allegation of a violation of subtitle A against an employing unit.
(b)

Annual reports of statistical matter
On an annual basis, the Office shall submit to the Committee on the Judiciary of the Senate and the Committee on the Judiciary of the House of Representatives a report that includes, for the previous year, data collected pursuant to section 301(h)(5) for each employing unit, to the extent the data reasonably can be anonymized, as well as analyses of trends comparing such data for the previous year to such data for years before the previous year.
212.

Notices
(a)

In general
Every employing unit shall post and keep posted (in a conspicuous place upon its premises where notices to covered employees are customarily posted) a notice provided by the Office that—
(1)
describes the rights, protections, and procedures applicable to covered employees of the employing unit under this Act, concerning violations described in subsection (b); and
(2)
includes contact information for the Office.
(b)

Violations
A violation described in this subsection is—
(1)
discrimination or an unlawful practice prohibited by section 201(a) or 202(a); and
(2)
a violation of section 203 that is related to discrimination or an unlawful practice described in paragraph (1).
III

Office of judicial integrity
301.

Establishment of the Office of Judicial Integrity
(a)

Establishment
There is established, as an independent office within the judicial branch of the Federal Government, the Office of Judicial Integrity.
(b)

Board of directors
The Office shall have a Board of Directors. The Board shall consist of 5 individuals appointed by the Chief Justice of the United States from a list of names submitted by the Judicial Conference of the United States. Appointments of the first 5 members of the Board shall be completed not later than 90 days after the date of enactment of this Act.
(c)

Chair
The Chair shall be appointed from members of the Board by the Chief Justice of the United States.
(d)

Board of directors qualifications
(1)

Specific qualifications
Selection and appointment of members of the Board shall be solely on the basis of fitness to perform the duties of the office. The Board shall include some members who, collectively have training or experience in—
(A)
enforcing or investigating 1 or more laws specified in section 102, including at least 1 member with experience representing employees who allege a violation of such a law;
(B)
judicial ethics; and
(C)
providing licensed counseling and other support services for victims of harassment, sexual assault, discrimination, or retaliation.
(2)

Disqualifications for appointments
(A)

Incompatible representation
No individual who currently represents a party (including the United States) in any suit alleging discrimination, harassment, sexual assault, or retaliation against an officer or employee of the judicial branch shall be eligible for appointment to, or service on, the Board.
(B)

Incompatible office
No member of the Board—
(i)
may hold or may have held the position of justice of the Supreme Court of the United States, judge of a district court of the United States, judge of a court of appeals of the United States, judge of the United States Court of Federal Claims, United States magistrate judge, bankruptcy judge, or director or deputy director of the Administrative Office of the United States Courts; or
(ii)
may hold the position of officer or employee of a court, judicial branch agency, or any other office or instrumentality of the judicial branch of the Federal Government (other than the Office) or have held such a position within 4 years before the date of appointment as a member of the Board.
(3)

Vacancies
A vacancy on the Board shall be filled in the manner in which the original appointment was made.
(e)

Term of office
(1)

In general
Except as provided in paragraphs (2) and (3), membership on the Board shall be for 5 years. A member of the Board may be reappointed, but no individual may serve as a member for more than 2 terms.
(2)

First appointments
Of the members first appointed to the Board—
(A)
1 shall have a term of office of 3 years;
(B)
2 shall have a term of office of 4 years; and
(C)
2 shall have a term of office of 5 years, 1 of whom shall be the Chair,
as designated at the time of appointment by the Chief Justice of the United States.
(3)

Appointments to partial terms
A member appointed to fill a vacancy for an unexpired term shall be appointed for the remainder of the term. Notwithstanding paragraph (1), a member appointed to fill a vacancy with less than 2 years remaining in the term may be appointed to 2 further full terms.
(4)

Service until successor appointed
A member whose term has expired may continue to serve until the date on which a successor has taken office.
(f)

Removal
(1)

Authority
Any member of the Board may be removed from office by the Chief Justice of the United States, but only for—
(A)
disability that substantially prevents the member from carrying out the duties of the member;
(B)
incompetence;
(C)
neglect of duty;
(D)
malfeasance, including a felony or conduct involving moral turpitude; or
(E)
holding an office or employment or engaging in an activity that disqualifies the individual from service as a member of the Board under subsection (d)(2).
(2)

Statement of reasons for removal
In removing a member of the Board, the Chief Justice of the United States shall state in writing to the member of the Board being removed, the Judicial Conference of the United States, and the Committee on the Judiciary of the Senate and the Committee on the Judiciary of the House of Representatives the specific reasons for the removal.
(g)

Compensation
(1)

Per diem
Each member of the Board shall be compensated at a rate equal to the daily equivalent of the annual rate of basic pay prescribed for level IV of the Executive Schedule under section 5315 of title 5, United States Code, for each day (including travel time) during which such member is engaged in the performance of the duties of the Board. 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 Board duties.
(2)

Travel expenses
Each member of the Board 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.
(h)

Workplace misconduct prevention program
The Board shall oversee and the Office shall execute a workplace misconduct prevention program that is consistent with prevailing best practices, by—
(1)
ensuring that every covered employee in the judicial branch of the Federal Government is covered by a comprehensive workplace misconduct policy and proposing revisions to workplace misconduct related portions of the rules and codes described in subsection (i)(4) and the creation and revision of additional workplace misconduct policies under subsection (i)(4);
(2)
creating a nationwide confidential reporting system, relating to workplace misconduct, that is readily accessible to prospective, current, and former employees of the judicial branch of the Federal Government;
(3)
providing for a comprehensive training program on workplace misconduct and bystander intervention, which may be conducted in coordination with the Federal Judicial Center;
(4)
proposing standards for the imposition of prompt, consistent, and proportionate disciplinary and corrective action when workplace misconduct is determined to have occurred in an employing unit;
(5)
providing for the voluntary collection of information from all applicants for employment with each employing unit of data outlined in Statistical Policy Directive No. 15, issued by the Office of Management and Budget on October 30, 1997, or a successor standard, pursuant to section 717 of the Civil Rights Act of 1964 (42 U.S.C. 2000e–16), which information shall be maintained anonymously and separate from the records of an applicant’s application for employment and may not be considered in evaluating the applicant for employment;
(6)
collaborating with each judicial council and judicial branch agency to compile the annual reports described in section 211(b);
(7)
conducting and making publicly available the results of biennial workplace climate assessments that include surveys of current and former covered employees and anonymous digests of interviews of and focus groups conducted with randomly selected covered employees;
(8)
conducting annual audits of the efficacy of the workplace misconduct prevention program; and
(9)
ensuring that the elements of the workplace misconduct prevention program are easy to understand, are easy to access and use, and are regularly communicated to all covered employees.
(i)

Additional board duties
The Board shall also—
(1)
supervise the Judicial Integrity Officer appointed under section 302(a);
(2)
provide a list of qualified candidates for the position of Director of the OEA to the Chief Justice of the United States in accordance with section 501(b);
(3)
maintain policies, practices, procedures, and codes of conduct that—
(A)
preserve the integrity of the Board and the offices and programs established under this Act;
(B)
maintain the confidence of covered employees in the Board 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;
(4)
not less often than every 4 years, recommend to the Judicial Conference of the United States, after notice and opportunity for comment, revisions to workplace misconduct related portions of the Rules for Judicial-Conduct and Judicial-Disability Proceedings, the Code of Conduct for Judicial Employees, the Code of Conduct for Federal Public Defender Employees, the Code of Conduct for United States Judges, and the creation and revision of such additional (in addition to such rules and codes) workplace misconduct policies as may be necessary to fulfill its obligations under subsection (h)(1);
(5)
ensure that the Judicial Conference, Congress, and the public are kept informed of—
(A)
the work of the Board;
(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 Board; and
(6)
establish general policies and promulgate such rules and regulations for the Board as are necessary to carry out the objectives of this Act, consistent with the requirements of sections 303 and 304.
(j)

Judiciary oversight
The Board and Office shall be subject to oversight (except with respect to the disposition of individual cases) by the Judicial Conference of the United States.
(k)

Congressional oversight
The Board and Office shall be subject to oversight (except with respect to the disposition of individual cases) by the Committee on the Judiciary of the Senate and the Committee on the Judiciary of the House of Representatives.
(l)

GAO audit
Not later than 1 year after the date of enactment of this Act, and triennially thereafter, the Comptroller General of the United States shall conduct a study of the management, governance structure, and independence of the Board and Office.
(m)

Opening of office
The Office shall be open for business, including the filing of claims under section 402, not later than 1 year after the date of enactment of this Act.
(n)

Financial disclosure reports
Members of the Board and officers and employees of the Office shall file the financial disclosure reports required under subchapter I of chapter 131 of title 5, United States Code, with the Judicial Conference of the United States.
(o)

Record retention
The Office shall establish and maintain a program for the permanent retention of its records, including the records of preliminary reviews, mediations, hearings, and other proceedings conducted under title IV.
302.

Officers, staff, and other personnel
(a)

Judicial Integrity Officer
(1)

Appointment and removal
(A)

In general
The Chair, subject to approval of the Board, shall appoint and may remove the Judicial Integrity Officer. Selection and appointment of the Judicial Integrity Officer shall be solely on the basis of fitness to perform the duties of the office. The first Judicial Integrity Officer shall be appointed no later than 90 days after the initial appointment of the Board of Directors.
(B)

Qualifications
(i)

In general
The Judicial Integrity Officer shall, by demonstrated ability, background, training, or experience, be especially qualified to carry out the functions of the position.
(ii)

Attorney
The Judicial Integrity Officer shall be an attorney admitted to practice and in good standing with the highest court of a State of the United States, the District of Columbia, or a territory of the United States.
(C)

Disqualifications
The disqualifications in section 301(d)(2) shall apply to the appointment of the Judicial Integrity Officer, except that representations undertaken on behalf of the Office or OEA shall not be disqualifying.
(2)

Compensation
The Chair may fix the compensation of the Judicial Integrity Officer. The rate of pay for the Judicial Integrity Officer may not exceed the annual rate of basic pay prescribed for level IV of the Executive Schedule under section 5315 of title 5, United States Code.
(3)

Term
The term of office of the Judicial Integrity Officer shall be a single term of 5 years, except that the first Judicial Integrity Officer shall have a single term of 7 years.
(4)

Duties
The Judicial Integrity Officer shall serve as the chief operating officer of the Office. Except as otherwise specified in this Act, the Judicial Integrity Officer shall carry out all of the responsibilities of the Office under this Act.
(b)

Deputy Judicial Integrity Officers
(1)

In general
The Chair, subject to the approval of the Board, shall appoint and may remove 2 Deputy Judicial Integrity Officers. Selection and appointment of a Deputy Judicial Integrity Officer shall be without regard to political affiliation and solely on the basis of fitness to perform the duties of the office. The disqualifications in section 301(d)(2) shall apply to the appointment of a Deputy Judicial Integrity Officer, except that representations undertaken as described in section 301(d)(2)(A) on behalf of the Office or OEA shall not be disqualifying.
(2)

Term
The term of office of a Deputy Judicial Integrity Officer shall be a single term of 5 years, except that the first Deputy Judicial Integrity Officers shall have a single term of 6 years.
(3)

Compensation
The Chair may fix the compensation of the Deputy Judicial Integrity Officers. The rate of pay for a Deputy Judicial Integrity Officer may not exceed 96 percent of the annual rate of basic pay prescribed for level IV of the Executive Schedule under section 5315 of title 5, United States Code.
(4)

Duties
The Deputy Judicial Integrity Officer shall assume such duties and responsibilities as may be delegated by the Judicial Integrity Officer.
(c)

General Counsel
(1)

In general
The Chair, subject to the approval of the Board, shall appoint and may remove the General Counsel. Selection and appointment of the General Counsel shall be solely on the basis of fitness to perform the duties of the office. The disqualifications in section 301(d)(2) shall apply to the appointment of the General Counsel except that representations undertaken as described in section 301(d)(2)(A) on behalf of the Office or OEA shall not be disqualifying.
(2)

Compensation
The Chair may fix the compensation of the General Counsel. The rate of pay for the General Counsel may not exceed the annual rate of basic pay prescribed for level V of the Executive Schedule under section 5316 of title 5, United States Code.
(3)

Duties
The General Counsel shall—
(A)
exercise the authorities and perform the duties of the General Counsel as specified in this Act; and
(B)
otherwise assist the Board and the Judicial Integrity Officer in carrying out their duties and powers, including representing the Office in any judicial proceeding under this Act.
(4)

Attorneys in the Office of the General Counsel
The General Counsel shall appoint, and fix the compensation of, and may remove, such additional attorneys as may be necessary to enable the General Counsel to perform the General Counsel’s duties.
(5)

Term
The term of office of the General Counsel shall be a single term of 5 years.
(d)

Confidential advisors
(1)

In general
The Judicial Integrity Officer shall—
(A)
appoint, and fix the compensation of, and may remove, 1 or more confidential advisors to carry out the duties described in this subsection; or
(B)
designate 1 or more employees of the Office to serve as a confidential advisor.
(2)

Duties
(A)

Voluntary services
A confidential advisor appointed or designated under paragraph (1) shall offer to provide to covered employees described in paragraph (4) the services described in subparagraph (B), which a covered employee may accept or decline.
(B)

Services
The services referred to in subparagraph (A) are—
(i)
informing, on a privileged and confidential basis, a covered employee who has been subject to a practice that may be a violation of subtitle A of title II about the employee’s rights under this Act;
(ii)
consulting, on a privileged and confidential basis, with a covered employee who has been subject to a practice that may be a violation of subtitle A of title II regarding—
(I)
the roles, responsibilities, and authority of the Office; and
(II)
the relative merits of securing private counsel, designating a non-attorney representative, or proceeding without representation for proceedings before the Office;
(iii)
advising and consulting with, on a privileged and confidential basis, a covered employee who has been subject to a practice that may be a violation of subtitle A of title II regarding any claims the covered employee may have under title IV, the factual allegations that support each such claim, and the relative merits of the procedural options available to the employee for each such claim;
(iv)
assisting, on a privileged and confidential basis, a covered employee who seeks consideration under title IV of an allegation of a violation of subtitle A of title II in understanding the procedures, and the significance of the procedures, described in title IV, including—
(I)
assisting or consulting with the covered employee regarding the drafting of a claim to be filed under section 402(a); and
(II)
consulting with the covered employee regarding the procedural options available to the covered employee after a claim is filed, and the relative merits of each option; and
(v)
informing, on a privileged and confidential basis, a covered employee who has been subject to a practice that may be a violation of subtitle A of title II about the option of pursuing, in appropriate circumstances, a complaint with the relevant judicial council.
(C)

Continuity of service
Once a covered employee has accepted and received any services offered under this section from a confidential advisor appointed or designated under paragraph (1), any other services requested under this subsection by the covered employee shall be provided, to the extent practicable, by the same confidential advisor.
(3)

Qualifications
A confidential advisor appointed or designated under paragraph (1) shall be an attorney who—
(A)
is admitted to practice before, and is in good standing with, the bar of the highest court of a State of the United States, the District of Columbia, or a territory of the United States; and
(B)
has experience representing clients in cases involving the workplace laws incorporated by subtitle A of title II.
(4)

Individuals covered
The services described in paragraph (2) are available to any covered employee (which, for purposes of this subsection, shall include any staff member described in section 201(d) and any former covered employee (including any such former staff member)), except that—
(A)
a former covered employee may only request such services if the practice that may be a violation of subtitle A of title II occurred during the employment or service of the employee; and
(B)
a covered employee described in this paragraph may only request such services before the expiration of the 365-day period described in section 402(d).
(5)

Restrictions
A confidential advisor appointed or designated under paragraph (1)—
(A)
shall not act as the designated representative for any covered employee in connection with the covered employee’s participation in any proceeding, including any proceeding under this Act, any judicial proceeding, or any proceeding before a judicial council;
(B)
shall not offer or provide services described in paragraph (2)(B) to a covered employee if the covered employee has designated an attorney representative in connection with the covered employee’s participation in any proceeding under this Act, except that a confidential advisor may provide general assistance and information to such attorney representative regarding this Act and the role of the Office as the confidential advisor determines appropriate; and
(C)
shall not serve as a mediator in any mediation conducted pursuant to section 404.
(e)

Directors of workplace relations
(1)

In general
The Judicial Integrity Officer shall appoint and supervise a director of workplace relations for each judicial circuit.
(2)

Workplace misconduct prevention program
Each director of workplace relations shall, subject to the supervision of the Judicial Integrity Officer, oversee the workplace misconduct prevention program for—
(A)
except as provided in subparagraph (B), all employing units and covered employees that are located within the geographic confines of the relevant judicial circuit, unless served by another such workplace misconduct program; and
(B)
in the case of the Director of Workplace Relations for the Federal Circuit, all employing units and covered employees of the United States Court of Appeals for the Federal Circuit, the United States Court of Appeals for Veterans Claims, or a court (other than an unspecified district court) described in section 1295 of title 28, United States Code.
(3)

Specific court assignments
(A)

Court of International Trade
The Director of Workplace Relations for the Second Circuit shall also serve as the Director of Workplace Relations for the Court of International Trade.
(B)

Other judicial branch agencies
The Director of Workplace Relations for the Federal Circuit shall also serve as the Director of Workplace Relations for the Court of Federal Claims, the Administrative Office of the United States Courts, the Federal Judicial Center, and the United States Sentencing Commission.
(C)

Other positions in judicial branch
Nothing in this subsection shall prohibit a director of workplace relations from concurrently holding another position in the judicial branch of the Federal Government if the other position is not incompatible with the duties and responsibilities of being a director of workplace relations, as determined by the Judicial Integrity Officer.
(f)

Employee dispute resolution coordinators
(1)

Circuits and districts
Subject to the supervision of the Judicial Integrity Officer, each director of workplace relations appointed under subsection (e) shall appoint not fewer than the following number of employee dispute resolution coordinators:
(A)
One for each judicial circuit.
(B)
Three for each judicial district, drawn from at least 2 different employing units.
(C)
One for the United States Court of International Trade.
(D)
One for the United States Court of Federal Claims.
(2)

Other employing units
Subject to the supervision of the Judicial Integrity Officer, the Director of Workplace Relations for the Federal Circuit shall appoint a sufficient number of employee dispute resolution coordinators for the Administrative Office of the United States Courts, the Federal Judicial Center, and the United States Sentencing Commission.
(3)

Workplace misconduct prevention program
Except as provided in subparagraphs (A), (C), and (D) of paragraph (1), and paragraph (2), the employee dispute resolution coordinators for each judicial district shall assist the relevant director of workplace relations with implementing the workplace misconduct prevention program in all employing units located within the judicial district.
(4)

Other positions in judicial branch
Nothing in this subsection shall prohibit an employee dispute resolution coordinator from concurrently holding another position in the judicial branch of the Federal Government if the other position is not incompatible with the duties and responsibilities of being an employee dispute resolution coordinator, as determined by the director of workplace relations.
(g)

Other staff
The Judicial Integrity Officer shall appoint, and fix the compensation of, and may remove, such other additional staff, including Preliminary and Merits Hearing Officers, but not including attorneys and staff employed in the offices of the General Counsel and not including the General Counsel, as may be necessary to enable the Office to perform its duties.
(h)

Consultants
In carrying out the functions of the Office, the Judicial Integrity Officer may procure the temporary (not to exceed 1 year) or intermittent services of consultants.
303.

Procedural rules
(a)

In general
The Judicial Integrity Officer shall, subject to the approval of the Board, adopt rules governing the procedures of the Office, including the procedures for Preliminary and Merits Hearing Officers, which shall be furnished to the Director of the Administrative Office of the United States Courts for publication in the Federal Register. The rules may be amended in the same manner.
(b)

Procedure
The Judicial Integrity Officer shall adopt rules referred to in subsection (a) in accordance with the principles and procedures set forth in section 553 of title 5, United States Code. The Judicial Integrity Officer shall publish a general notice of proposed rulemaking under section 553(b) of title 5, United States Code. Before adopting rules, the Judicial Integrity Officer shall provide a comment period of at least 30 days after publication of a general notice of proposed rulemaking. Upon adopting rules, the Judicial Integrity Officer shall transmit notice of such action together with a copy of such rules to the Director of the Administrative Office of the United States Courts for publication in the Federal Register. Rules shall be considered issued by the Judicial Integrity Officer as of the date on which they are published in the Federal Register.
304.

Substantive regulations
(a)

Regulations
(1)

In general
The procedures applicable to the regulations of the Board issued for the implementation of this Act, which shall include regulations the Board is required to issue under title II, are as prescribed in this section.
(2)

Rulemaking procedure
Such regulations of the Board shall be adopted and issued in accordance with subsection (b).
(b)

Adoption by the Board
The Board shall adopt the regulations referred to in subsection (a)(1) in accordance with the principles and procedures set forth in section 553 of title 5, United States Code, and as provided in the following provisions of this subsection:
(1)

Proposal
The Board shall publish a general notice of proposed rulemaking under section 553(b) of title 5, United States Code.
(2)

Comment
Before adopting regulations, the Board shall provide a comment period of at least 30 days after publication of a general notice of proposed rulemaking.
(3)

Adoption
After considering comments, the Board shall adopt regulations and shall transmit notice of such action together with a copy of such regulations to the Director of the Administrative Office of the United States Courts for publication in the Federal Register.
(c)

Issuance and effective date
(1)

Date of issuance
The date of issuance of regulations shall be the date on which they are published in the Federal Register under subsection (b)(3).
(2)

Effective date
Regulations shall become effective not less than 60 days after the regulations are issued, except that the Board may provide for an earlier effective date for good cause found (within the meaning of section 553(d)(3) of title 5, United States Code) and published with the regulation.
(d)

Amendment of regulations
Regulations may be amended (including repealed) in the same manner as is described in this section for the adoption and issuance of regulations, except that the Board may, in its discretion, dispense with publication of a general notice of proposed rulemaking of minor, technical, or urgent amendments that satisfy the criteria for dispensing with publication of such notice pursuant to section 553(b)(B) of title 5, United States Code.
(e)

Right To petition for rulemaking
Any interested party may petition to the Board for the issuance, amendment, or repeal of a regulation.
(f)

Consultation
The Judicial Integrity Officer, the Deputy Judicial Integrity Officers, and the Board—
(1)
shall consult, with regard to the development of regulations, with—
(A)
the Chair of the Administrative Conference of the United States;
(B)
the Director of the Administrative Office of United States Courts; and
(C)
the Director of the Office of Personnel Management; and
(2)
may consult with any other persons with whom consultation, in the opinion of the Board, the Judicial Integrity Officer, or either of the Deputy Judicial Integrity Officers, may be helpful.
305.

Expenses
(a)

Authorization of appropriations
Beginning in fiscal year 2025, and for each fiscal year thereafter, there are authorized to be appropriated for the expenses of the Office such sums as may be necessary to carry out the functions of the Office. Until sums are first appropriated pursuant to the preceding sentence, but for a period not exceeding 12 months following the date of enactment of this Act, the expenses of the Office shall be paid from the funds appropriated to the courts of appeals of the United States and the district courts of the United States for other judicial services and salaries and expenses.
(b)

Financial and administrative services
The Judicial Integrity Officer may place orders and enter into agreements for goods and services with the head of any agency, or major organizational unit within an agency, in the judicial, legislative, or executive branch of the United States in the same manner and to the same extent as agencies are authorized under sections 1535 and 1536 of title 31, United States Code, to place orders and enter into agreements.
(c)

Witness fees and allowances
Except for covered employees, witnesses before a Merits Hearing Officer or the Board in any proceeding under this Act other than rulemaking shall be paid the same fee and mileage allowances as are paid subpoenaed witnesses in the courts of the United States. Covered employees who are summoned, or are assigned by their employer, to testify in their official capacity or to produce official records in any proceeding under this Act shall be entitled to travel expenses under subchapter I and section 5751 of chapter 57 of title 5, United States Code.
IV

Administrative and judicial dispute-resolution procedures
401.

Procedure for consideration of alleged violations
(a)

Filing and review of claims
Except as otherwise provided, the procedure for consideration of an alleged violation of subtitle A of title II consists of—
(1)
the filing of a claim by the covered employee alleging the violation, as provided in section 402;
(2)
the preliminary review of the claim, to be conducted by a Preliminary Hearing Officer as provided in section 403;
(3)
mediation as provided in section 404, if requested and agreed to by the parties under that section; and
(4)
a hearing as provided in section 405, subject to Board review as provided in section 406 and judicial review in the United States Court of Appeals for the Federal Circuit (or another circuit under section 407(a)(3)) as provided in section 407.
(b)

Right of employee To file civil action
(1)

Civil action
Only a covered employee who has timely filed a claim as provided in section 402 and who has not submitted a request for a hearing on the claim pursuant to section 405(a) may, during the period described in paragraph (3), file a civil action in a district court of the United States with respect to the violation alleged in the claim, as provided in section 408.
(2)

Effect of filing civil action
Notwithstanding paragraph (2), (3), or (4) of subsection (a), if the covered employee files such a civil action—
(A)
the preliminary review of the claim by the Preliminary Hearing Officer as provided in section 403 shall terminate upon the filing of the action by the covered employee; and
(B)
the procedure for consideration of the alleged violation shall not include any further review of the claim by the Preliminary Hearing Officer as provided in section 403.
(3)

Period for filing civil action
The period described in this paragraph with respect to a claim is the 70-day period which begins on the date the covered employee files the claim under section 402.
(4)

Special rule for employees who fail to state a claim for which relief may be granted
Notwithstanding paragraph (3), if a covered employee receives a written notice the Preliminary Hearing Officer under section 403(d)(2) that the employee has the right to file a civil action with respect to the claim in accordance with section 408, the covered employee may file the civil action not later than 90 days after receiving such written notice.
(c)

Rights of parties To retain private counsel
Nothing in this Act may be construed to limit the authority of any individual (including a covered employee, the head of an employing unit, or an individual who is alleged to have committed personally an act which constitutes a violation of subtitle A of title II) to retain counsel to protect the interests of the individual at any point during any of the procedures provided under this title for the consideration of an alleged violation of subtitle A of title II.
(d)

Standards for assertions made by parties
Any party in any of the procedures provided under this title, as well as any counsel or other person representing a party in any such procedures, shall have an obligation to ensure that, to the best of the party’s knowledge, information, and belief, as formed after an inquiry which is reasonable under the circumstances, each of the following is correct:
(1)
No pleading, written motion, or other paper is presented for any improper purpose, such as to harass, cause unnecessary delay, or needlessly increase the cost of resolution of the matter.
(2)
The claims, defenses, and other legal contentions the party advocates are warranted by existing law or by a nonfrivolous argument for extending, modifying, or reversing existing law or for establishing new law.
(3)
The factual contentions have evidentiary support or, if specifically so identified, will likely have evidentiary support after a reasonable opportunity for further review or discovery.
(4)
The denials of factual contentions are warranted on the evidence or, if specifically so identified, are reasonably based on belief or a lack of information.
(e)

Procedure
Nothing in this Act shall be construed to supersede or limit section 204(d)(2).
402.

Initiation of proceedings
(a)

Claim
(1)

Filing of claim
To commence a proceeding under this title, a covered employee alleging a violation of law made applicable under subtitle A of title II shall file a claim with the Office. The Office shall not accept a claim which is filed after the deadline applicable under subsection (d).
(2)

Contents of claim
The claim filed under this section shall be made in writing under oath or affirmation, shall describe the facts that form the basis of the claim and the violation that is being alleged, shall identify the employing unit alleged to have committed the violation or in which the violation is alleged to have occurred, and shall be in such form as the Office requires.
(3)

No effect on ability of covered employee to seek information from office or pursue relief
Nothing in paragraph (2), or subsection (b) or (c), may be construed to limit the ability of a covered employee—
(A)
to contact the Office or any other appropriate office prior to filing a claim under this section to seek information regarding the employee’s rights under this Act and the procedures available under this Act;
(B)
in the case of a covered employee alleging misconduct by a judge, to make a complaint under chapter 16 of title 28, United States Code; or
(C)
to file a civil action in accordance with section 401(b).
(b)

Initial processing of claim
(1)

Intake and recording; notification to employing unit
Upon the filing of a claim by a covered employee under subsection (a), the Office shall take such steps as may be necessary for the initial intake and recording of the claim, including providing each party with all relevant information respect to the rights of the party under this Act, and shall transmit immediately a copy of the claim to the head of the employing unit and the designated representative of that unit.
(2)

Special notification requirements for claims based on acts by judges
(A)

In general
In the case of a claim alleging a violation described in subparagraph (B) which consists of a violation described in section 415(d)(1)(A) by an individual, upon the filing of the claim under subsection (a), the Office shall notify immediately such individual of the claim, the possibility that the individual may be required to reimburse the account described in section 415(a) for the reimbursable portion of any award or settlement in connection with the claim, and the right of the individual under section 415(d)(2) to intervene in any mediation, hearing, or civil action under this title with respect to the claim.
(B)

Violations described
A violation described in this subparagraph is—
(i)
harassment that is unlawful under section 201(a) or 202(a); or
(ii)
intimidation, reprisal, or discrimination that is unlawful under section 203 and is taken against a covered employee because of a claim alleging a violation described in clause (i).
(c)

Use of secure electronic reporting and tracking system
(1)

Establishment and operation of secure system
The Office shall establish and operate a secure electronic reporting system through which a covered employee may initiate a proceeding under this title, and which will keep an electronic record of the date and time at which the proceeding is initiated and will track all subsequent actions or proceedings occurring with respect to the proceeding under this title.
(2)

Accessibility to all parties
The system shall be accessible to all parties to such actions or proceedings, but only until the completion of such actions or proceedings.
(3)

Assessment of effectiveness of procedures
The Office shall use the information contained in the system to make regular assessments of the effectiveness of the procedures under this title in providing for the timely resolution of claims, and shall submit annual reports on such assessments each year to the Committee on the Judiciary of the Senate and the Committee on the Judiciary of the House of Representatives.
(d)

Deadline
A covered employee may not file a claim under this section with respect to an allegation of a violation of law after the expiration of the 365-day period which begins on the date of the alleged violation.
403.

Preliminary review of claims
(a)

Preliminary review by Preliminary Hearing Officer
(1)

Appointment
Not later than 7 days after transmission to the employing unit of a claim pursuant to section 402(b), the Judicial Integrity Officer shall appoint a Preliminary Hearing Officer to conduct a preliminary review of the claim.
(2)

Process for appointment
The Judicial Integrity Officer shall appoint a Preliminary Hearing Officer under this subsection in the same manner and in accordance with the same requirements and procedures applicable to the appointment of a Merits Hearing Officer under section 405(c).
(b)

Assessments required
In conducting a preliminary review of a claim under this section, the Preliminary Hearing Officer shall assess each of the following:
(1)
Whether the claimant is a covered employee authorized to obtain relief relating to the claim under this title.
(2)
Whether the entity which is the subject of the claim is an employing unit under this Act.
(3)
Whether the individual filing the claim has met the applicable deadlines for filing the claim under this title.
(4)
The identification of factual and legal issues involved with respect to the claim.
(5)
The specific relief sought by the individual.
(6)
Whether, on the basis of the assessments made under paragraphs (1) through (5), the individual filing the claim is a covered employee who has stated a claim for which, if the allegations contained in the claim are true, relief may be granted under this title.
(7)
The potential for the settlement of the claim without a hearing as provided under section 405 or a civil action as provided under section 408.
(c)

Report on review
(1)

Report
Not later than 30 days after a claim is filed under section 402, the Preliminary Hearing Officer shall submit to the individual filing the claim and the unit which is the subject of the claim a report on the preliminary review conducted under this section, and shall include in the report the hearing officer’s determination as to whether the individual is a covered employee who has stated a claim for which relief may be granted under this title (as described in paragraph (6) of subsection (b)). The submission of the report shall conclude the preliminary review.
(2)

Extension of deadline
The Preliminary Hearing Officer may (upon notice to the individual filing the claim and the employing unit which is the subject of the claim) use an additional period of not to exceed 30 days to conclude the preliminary review.
(d)

Effect of determination of failure To state claim for which relief may be granted
If the Preliminary Hearing Officer’s report on the preliminary review of a claim under subsection (c) includes the determination that the individual filing the claim is not a covered employee or has not stated a claim for which relief may be granted under this title—
(1)
the individual may not obtain a hearing with respect to the claim as provided under section 405; and
(2)
the Preliminary Hearing Officer shall provide the individual and the Judicial Integrity Officer with a written notice that the individual may file a civil action with respect to the claim in accordance with sections 401(b) and 408.
404.

Mediation
(a)

Availability of mediation
(1)

Notification regarding mediation
(A)

Covered employee
Upon receipt of a claim under section 402, the Office shall notify the covered employee who filed the claim about the process for mediation under this section and the deadlines applicable to such mediation.
(B)

Employing unit
Upon transmission to the employing unit of the claim pursuant to section 402(b), the Office shall notify the employing unit about the process for mediation under this section and the deadlines applicable to such mediation.
(2)

Initiation
(A)

In general
During the period described in subparagraph (B), either the covered employee who filed a claim under section 402 or the employing unit named in the claim may file a request for mediation with the Office, which shall promptly notify the other party. If the other party agrees to the request, the Office shall promptly assign a mediator to the claim, and conduct mediation under this section.
(B)

Timing
A covered employee or an employing unit may file a request for mediation under subparagraph (A) during the period beginning on the date that the covered employee or employing unit, respectively, receives a notification under paragraph (1) regarding a claim under section 402 and ending on the date on which a Merits Hearing Officer issues a written decision relating to the claim under section 405(g) or the covered employee files a civil action with respect to the claim in accordance with sections 401(b) and 408, as applicable.
(3)

Failure to request or accept mediation to have no effect on treatment of claim
The failure of a party to request mediation under this section with respect to a claim, or the failure of a party to agree to a request for mediation under this section, may not be taken into consideration under any procedure under this title with respect to the claim, including a preliminary review under section 403, a hearing under section 405, or a civil action under section 408.
(b)

Process
Mediation under this section—
(1)
may include the Office, the covered employee, the employing unit, and 1 or more individuals appointed by the Judicial Integrity Officer from the master list developed and maintained under subsection (e); and
(2)
shall involve meetings with the parties during which, at the request of any of the parties, the parties shall be separate, for the purpose of resolving the dispute between the covered employee and the employing unit.
(c)

Mediation period
The mediation period shall be 30 days, beginning on the first day after the second party agrees to the request for mediation. The mediation period may be extended for 1 additional period of 30 days at the joint request of the covered employee and the employing unit. Any deadline in this Act relating to a claim for which mediation has been agreed to in this section, that has not already passed by the first day of the mediation period, shall be stayed during the mediation period. The Office shall notify in writing the covered employee and the employing unit when the mediation period has ended.
(d)

Independence of mediation process
No individual who is appointed by the Judicial Integrity Officer to mediate may conduct or aid in a hearing conducted under section 405 with respect to the same matter or shall be subject to subpoena or any other compulsory process with respect to the same matter.
(e)

Master list of mediators
(1)

Development and maintenance of master list
The Judicial Integrity Officer shall develop and maintain a master list of individuals who are experienced in adjudicating, arbitrating, or mediating the kinds of personnel and other matters for which mediation may be held under this section. Such list may include, but not be limited to, members of the bar of a State of the United States, the District of Columbia, or a territory of the United States.
(2)

Consideration of candidates
In developing the master list under this subsection, the Judicial Integrity Officer shall consider candidates recommended by the Federal Mediation and Conciliation Service or the Administrative Conference of the United States.
405.

Hearing
(a)

Requirement for hearings To commence in office
(1)

Hearing required upon request
If, not later than 10 days after a Preliminary Hearing Officer submits the report on the preliminary review of a claim under section 403(c), a covered employee submits a request to the Judicial Integrity Officer for a hearing under this section, the Judicial Integrity Officer shall appoint an independent Merits Hearing Officer pursuant to subsection (c) to consider the claim and render a decision, and a hearing shall be commenced in the Office.
(2)

Exceptions
Paragraph (1) does not apply with respect to the claim if—
(A)
the Preliminary Hearing Officer’s report on the preliminary review of the claim under section 403(c) includes the determination that the individual filing the claim is not a covered employee who has stated a claim for which relief may be granted under this title (as described in section 403(d)); or
(B)
the covered employee files a civil action as provided in sections 401(b) and 408 with respect to the claim.
(b)

Dismissal
A Merits Hearing Officer may dismiss any claim that the Merits Hearing Officer finds to be frivolous or that fails to state a claim upon which relief may be granted.
(c)

Merits Hearing Officer
(1)

Appointment
Upon the filing of a request for a hearing under subsection (a), the Judicial Integrity Officer shall appoint an independent Merits Hearing Officer. The Merits Hearing Officer may not be a member of the Board, covered employee, justice, judge, or head of an employing unit. The Judicial Integrity Officer shall select Merits Hearing Officers on a rotational or random basis from the lists developed under paragraph (2). Nothing in this section shall prevent the appointment of Merits Hearing Officers as full-time employees of the Office or the selection of Merits Hearing Officers on the basis of specialized expertise needed for particular matters.
(2)

Lists
The Judicial Integrity Officer shall develop master lists, composed of—
(A)
members of the bar of a State of the United States, the District of Columbia, or a territory of the United States who are experienced in adjudicating or arbitrating the kinds of personnel and other matters for which hearings may be held under this Act; and
(B)
individuals expert in technical matters relating to accessibility and usability by persons with disabilities.
In developing lists, the Judicial Integrity Officer shall consider candidates recommended by the Federal Mediation and Conciliation Service or the Administrative Conference of the United States.
(3)

Prohibiting preliminary hearing officer from conducting hearing
The Judicial Integrity Officer may not appoint a Merits Hearing Officer to conduct a hearing under this section with respect to a claim if the hearing officer conducted the preliminary review with respect to the claim under section 403.
(d)

Hearing
Unless a claim is dismissed before a hearing, a hearing shall be—
(1)
conducted in closed session on the record by the Merits Hearing Officer;
(2)
commenced no later than 90 days after the Judicial Integrity Officer receives the covered employee’s request for the hearing under subsection (a), except that, upon mutual agreement of the parties or for good cause, the Office shall extend the time for commencing a hearing for not more than an additional 30 days; and
(3)
conducted, except as specifically provided in this Act and to the greatest extent practicable, in accordance with the principles and procedures set forth in sections 554 through 557 of title 5, United States Code.
(e)

Discovery
Reasonable prehearing discovery may be permitted at the discretion of the Merits Hearing Officer.
(f)

Subpoenas
(1)

In general
At the request of a party, a Merits Hearing Officer may issue subpoenas for the attendance of witnesses and for the production of correspondence, books, papers, documents, and other records. The attendance of witnesses and the production of records may be required from any place within the United States. Subpoenas shall be served in the manner provided under rule 45(b) of the Federal Rules of Civil Procedure.
(2)

Objections
If a person refuses, on the basis of relevance, privilege, or other objection, to testify in response to a question or to produce records in connection with a proceeding before a Merits Hearing Officer, the hearing officer shall rule on the objection. At the request of the witness or any party, the Merits Hearing Officer shall (or on the hearing officer’s own initiative, the hearing officer may) refer the ruling to the Board for review.
(3)

Enforcement
(A)

In general
If a person fails to comply with a subpoena, the Board may authorize the General Counsel to apply, in the name of the Office, to an appropriate district court of the United States for an order requiring that person to appear before the Merits Hearing Officer to give testimony or produce records. The application may be made within the judicial district where the hearing is conducted or where that person is found, resides, or transacts business. Any failure to obey a lawful order of the district court issued pursuant to this section may be held by such court to be a civil contempt thereof.
(B)

Service of process
Process in an action or contempt proceeding pursuant to subparagraph (A) may be served in any judicial district in which the person refusing or failing to comply, or threatening to refuse or not to comply, resides, transacts business, or may be found, and subpoenas for witnesses who are required to attend such proceedings may run into any other district.
(g)

Decision
The Merits Hearing Officer shall issue a written decision as expeditiously as possible, but in no case more than 90 days after the conclusion of the hearing. The written decision shall be transmitted by the Office to the parties. The decision shall state the issues raised in the claim, describe the evidence in the record, contain findings of fact and conclusions of law, contain a determination of whether a violation has occurred, and order such remedies as are appropriate pursuant to title II. The decision shall be entered in the records of the Office. If a decision is not appealed under section 406 to the Board, the decision shall be considered the final decision of the Office.
(h)

Precedents
A Merits Hearing Officer who conducts a hearing under this section shall be guided by judicial decisions under the laws made applicable by section 102 and by Board decisions under this Act.
406.

Appeal to the Board
(a)

In general
Any party aggrieved by the decision of a Merits Hearing Officer under section 405(g) may file a petition for review by the Board not later than 30 days after entry of the decision in the records of the Office.
(b)

Parties’ opportunity To submit argument
The parties to the hearing upon which the decision of the Merits Hearing Officer was made shall have a reasonable opportunity to be heard, through written submission and, in the discretion of the board, through oral argument.
(c)

Standard of review
The Board shall set aside a decision of a Merits Hearing Officer if the Board determines that the decision was—
(1)
arbitrary, capricious, an abuse of discretion, or otherwise not consistent with law;
(2)
not made consistent with required procedures; or
(3)
unsupported by substantial evidence.
(d)

Record
In making determinations under subsection (c), the Board shall review the whole record, or those parts of it cited by a party, and due account shall be taken of the rule of prejudicial error.
(e)

Decision
The Board shall issue a written decision setting forth the reasons for its decision. The decision may affirm, reverse, or remand to the Merits Hearing Officer for further proceedings. A decision that does not require further proceedings before a Merits Hearing Officer shall be entered in the records of the Office as a final decision.
407.

Judicial review of board decisions and enforcement
(a)

Jurisdiction
(1)

Judicial review
Except as provided in paragraph (3), the United States Court of Appeals for the Federal Circuit shall have jurisdiction over any proceeding commenced by a petition of a party aggrieved by a final decision of the Board under section 406(e) in cases arising under subtitle A of title II. Except as provided in paragraph (3), the court of appeals shall have exclusive jurisdiction to set aside, suspend (in whole or in part), determine the validity of, or otherwise review the decision of the Board.
(2)

Enforcement
Except as provided in paragraph (3), the United States Court of Appeals for the Federal Circuit shall have jurisdiction over any petition of the General Counsel, filed in the name of the Office and at the direction of the Board, to enforce a final decision under section 405(g) or 406(e) with respect to a violation of subtitle A of title II.
(3)

Cases involving the United States Court of Appeals for the Federal Circuit
In the case of a proceeding in which the relevant employing unit is the United States Court of Appeals for the Federal Circuit, or the office of a judge, circuit executive, clerk, librarian, crier, staff attorney, or senior technical assistant thereof, the powers of judicial review and enforcement provided under paragraphs (1) and (2) shall be exercised by the United States Court of Appeals for the District of Columbia Circuit.
(b)

Procedures
(1)

Respondents
(A)

Judicial review
In any proceeding commenced by a petition filed under subsection (a)(1), the Office shall be named respondent and any party before the Board may be named respondent by filing a notice of election with the court within 30 days after service of the petition.
(B)

Enforcement
In any proceeding commenced by a petition filed under subsection (a)(2), the party under section 405 or 406 that the General Counsel determines has failed to comply with a final decision under section 405(g) or 406(e) shall be named respondent.
(2)

Intervention
Any party that participated in the proceedings before the Board under section 406 and that was not made respondent under paragraph (1) may intervene as of right.
(c)

Law applicable
Chapter 158 of title 28, United States Code, shall apply to judicial review under paragraph (1) of subsection (a), except that—
(1)
with respect to section 2344 of such title, service of a petition in any proceeding in which the Office is a respondent shall be on the General Counsel rather than on the Attorney General;
(2)
the provisions of section 2348 of such title, on the authority of the Attorney General, shall not apply;
(3)
the petition for review shall be filed not later than 90 days after the entry in the Office of a final decision under section 406(e); and
(4)
the Office shall be an “agency” as that term is used in chapter 158 of such title.
(d)

Standard of review
To the extent necessary for decision in a proceeding commenced under subsection (a)(1) and when presented, the court shall decide all relevant questions of law and interpret constitutional and statutory provisions. The court shall set aside a final decision of the Board if it is determined that the decision was—
(1)
arbitrary, capricious, an abuse of discretion, or otherwise not consistent with law;
(2)
not made consistent with required procedures; or
(3)
unsupported by substantial evidence.
(e)

Record
In making determinations under subsection (d), the court shall review the whole record, or those parts of it cited by a party, and due account shall be taken of the rule of prejudicial error.
408.

Civil action
(a)

Jurisdiction
The district courts of the United States shall have jurisdiction over any civil action commenced under section 401(b) and this section by a covered employee.
(b)

Venue
Except for a civil action described in section 203(d), in addition to the venue specified by section 1391 of title 28, United States Code, venue shall lie in the United States District Court for the District of Columbia.
(c)

Parties
The defendant shall be the employing unit alleged to have committed the violation, or in which the violation is alleged to have occurred.
(d)

Jury trial
Any party may demand a jury trial where a jury trial would be available in an action against a private defendant under the relevant law made applicable by this Act. In any case in which a violation of section 201 is alleged, the court shall not inform the jury of the maximum amount of compensatory damages available under paragraphs (1), (3), or (4) of section 201(b).
409.

Judicial review of regulations
In any proceeding brought under section 401(b), 407, or 408 in which the application of a regulation issued under this Act is at issue, the court may review the validity of the regulation in accordance with the provisions of subparagraphs (A) through (D) of section 706(2) of title 5, United States Code. If the court determines that the regulation is invalid, the court shall apply, to the extent necessary and appropriate, the most relevant substantive executive agency regulation promulgated to implement the statutory provisions with respect to which the invalid regulation was issued. Except as provided in this section, the validity of regulations issued under this Act is not subject to judicial review.
410.

Other judicial review prohibited
Except as expressly authorized by sections 401(b), 407, 408, and 409, the compliance or noncompliance with the provisions of this Act and any action taken pursuant to this Act shall not be subject to judicial review.
411.

Effect of failure to issue regulations
In any proceeding under section 405, 406, 407, or 408, if the Board has not issued a regulation on a matter for which this Act requires a regulation to be issued, the Preliminary Hearing Officer, Merits Hearing Officer, Board, or court, as the case may be, shall apply, to the extent necessary and appropriate, the most relevant substantive executive agency regulation promulgated to implement the statutory provision at issue in the proceeding.
412.

Expedited review of certain appeals
(a)

In general
An appeal may be taken directly to the Supreme Court of the United States from any interlocutory or final judgment, decree, or order of a court upon the constitutionality of any provision of this Act.
(b)

Jurisdiction
The Supreme Court shall, if it has not previously ruled on the question, accept jurisdiction over the appeal referred to in subsection (a), advance the appeal on the docket, and expedite the appeal to the greatest extent possible.
413.

Sovereign immunity and judicial independence
The authorization to bring judicial proceedings under sections 401(b), 405(f)(3), 407, and 408 shall not constitute a waiver of sovereign immunity for any other purpose, or of the protection of judicial independence afforded under section 1 of article III of the Constitution of the United States.
414.

Settlement
Any settlement entered into by the parties to the process described in section 401 shall be in writing and not become effective unless it is approved by the Judicial Integrity Officer.
415.

Payments
(a)

Awards and settlements
Except as provided in subsection (c), only funds which are appropriated to an account of the Office in the Treasury of the United States for the payment of awards and settlements may be used for the payment of awards and settlements under this Act. There are authorized to be appropriated for such account such sums as may be necessary to pay such awards and settlements.
(b)

Compliance
Except as provided in subsection (c), there are authorized to be appropriated such sums as may be necessary for administrative, personnel, and similar expenses of employing units which are needed to comply with this Act.
(c)

Accommodation requirements
Funds to correct violations of section 201(a)(3) may be paid only from funds appropriated to the employing unit or entity responsible for correcting such violations. There are authorized to be appropriated such sums as may be necessary for such funds.
(d)

Mandating reimbursement by judges of amounts paid as settlements and awards
(1)

Reimbursement required for certain violations
(A)

In general
Subject to subparagraphs (B) and (D), if a payment is made from the account described in subsection (a) for an award or settlement in connection with a claim alleging a violation described in subparagraph (C) committed personally by an individual who, at the time of committing the violation, was a judge, the individual shall reimburse the account for the amount of the award or settlement for the claim involved.
(B)

Conditions
In the case of an award made pursuant to a decision of a Merits Hearing Officer under section 405, or a court in a civil action, subparagraph (A) shall apply only if the hearing officer or court makes a separate finding that a violation described in subparagraph (C) occurred which was committed personally by an individual who, at the time of committing the violation, was a judge, and such individual shall reimburse the account for the amount of compensatory damages included in the award as would be available if awarded under section 1977A(b)(3) of the Revised Statutes (42 U.S.C. 1981a(b)(3)) irrespective of the size of the employing unit. In the case of a settlement for a claim described in section 416(d)(3), subparagraph (A) shall apply only if the conditions specified in section 416(d)(3) for requesting reimbursement are met.
(C)

Violations described
A violation described in this subparagraph is—
(i)
harassment that is unlawful under section 201(a) or 202(a); or
(ii)
intimidation, reprisal, or discrimination that is unlawful under section 203 and is taken against a covered employee because of a claim alleging a violation described in clause (i).
(D)

Multiple claims
If an award or settlement is made for multiple claims, some of which do not require reimbursement under this subsection, the individual described in subparagraph (A) shall only be required to reimburse for the amount (referred to in this Act as the “reimbursable portion”) that is—
(i)
described in subparagraph (A), subject to subparagraph (B); and
(ii)
included in the portion of the award or settlement attributable to a claim requiring reimbursement.
(2)

Right to intervene
An individual who is subject to a reimbursement requirement of this subsection shall have the unconditional right to intervene in any mediation, hearing, or civil action under this title to protect the interests of the individual in the determination of whether an award or settlement described in paragraph (1) should be made, and the amount of any such award or settlement, except that nothing in this paragraph may be construed to require the covered employee who filed the claim to be deposed by counsel for the individual in a deposition that is separate from any other deposition taken from the employee in connection with the hearing or civil action.
416.

Confidentiality and referrals
(a)

Mediation
All information discussed or disclosed in the course of any mediation shall be strictly confidential, and the Judicial Integrity Officer shall notify each person participating in the mediation of the confidentiality requirement and of the sanctions applicable to any person who violates the confidentiality requirement.
(b)

Hearings and deliberations
Except as provided in subsections (c), (d), (e), and (f), all proceedings and deliberations of Preliminary Hearing Officers, Merit Hearing Officers, and the Board, including any related records, shall be confidential. The Judicial Integrity Officer shall notify each person participating in a proceeding or deliberation to which this subsection applies of the requirements of this subsection and of the sanctions applicable to any person who violates the requirements of this subsection.
(c)

Release of records for judicial action
The records of Preliminary Hearing Officers, Merits Hearing Officers, and the Board may be made public if required for the purpose of judicial review under section 407.
(d)

Referral to judicial councils
(1)

Referral
Upon the final disposition under this title (as described in paragraph (5)) of a claim alleging a violation described in section 415(d)(1)(C) committed personally by a judge, the Judicial Integrity Officer shall refer the claim to the judicial council of the relevant circuit. Dispositions referred under this subsection shall be treated by judicial councils as complaints under chapter 16 of title 28, United States Code, except that these complaints shall bypass review by the chief judge and be certified directly to a special committee appointed by the chief judge under section 353 of that title. No judge may participate in the special committee or the judicial council’s action on a referral under this paragraph concerning that judge’s own conduct, and the chief judge may, in the interest of justice, refer resolution of a referral under this subsection to another circuit’s judicial council. For referrals under this subsection regarding conduct by the chief judge, the circuit judge in regular active service next senior in date of commission shall act as chief judge for purposes of this subsection.
(2)

Access to records and information
If the Judicial Integrity Officer refers a claim to a judicial council under this subsection, the Judicial Integrity Officer shall provide the council with access to the records of any preliminary reviews, hearings, or decisions of Preliminary Hearing Officers, Merits Hearing Officers, and the Board under this Act, and any information relating to an award or settlement paid, in response to such a claim.
(3)

Review by judicial councils of settlements of certain claims
After the receipt of a settlement agreement for a claim that includes an allegation of a violation described in section 415(d)(1)(C) committed personally by a judge, the judicial council receiving the referral shall, as part of the procedure set out in paragraph (1), determine whether the settlement involved an actual violation described in section 415(d)(1)(C) committed personally by the judge. If the judicial council so determines, it shall notify the Judicial Integrity Officer to request the reimbursement described in section 415(d) and include the settlement in the report required by section 211(a).
(4)

Protection of personally identifiable information
If the judicial council to which a claim is referred under paragraph (1), or the Judicial Conference upon subsequent referral, issues a public order or report with respect to the claim, the judicial council or Judicial Conference shall ensure that the order or report does not directly disclose the identity or position of the individual who filed the claim.
(5)

Final disposition described
In this subsection, the “final disposition” of a claim means any of the following:
(A)
An order or agreement to pay an award or settlement, including an agreement reached pursuant to mediation under section 404.
(B)
A final decision of a Merits Hearing Officer under section 405(g) that is no longer subject to review by the Board under section 406.
(C)
A final decision of the Board under section 406(e) that is no longer subject to appeal to the United States Court of Appeals for the Federal Circuit under section 407.
(D)
A final decision in a civil action under section 408 that is no longer subject to appeal.
(6)

Court of Federal claims, Court of International Trade, and Court of Appeals for the Federal Circuit
Section 363 of title 28, United States Code, shall apply to a referral involving the United States Court of Federal Claims, the United States Court of International Trade, and the United States United States Court of Appeals for the Federal Circuit.
(e)

Access by judicial councils, judicial conference, and Congress
(1)

In general
The Judicial Integrity Officer shall provide judicial councils, the Judicial Conference of the United States, and Congress access to the records of the hearings and decisions of Preliminary Hearing Officers, Merits Hearing Officers, and the Board, including all written and oral testimony in the possession of the Office, when such material is requested as part of the review of a complaint under chapter 16 of title 28, United States Code, or in the exercise of the power of impeachment by Congress under the Constitution of the United States. The Judicial Integrity Officer shall not provide such access until the Judicial Integrity Officer has consulted with the individual filing the claim at issue, and until a final disposition has been reached as defined in subsection (d)(5).
(2)

Applicability
Section 363 of title 28, United States Code, shall apply to claims described in paragraph (1) involving judges of the United States Court of Federal Claims, the United States Court of International Trade, and the United States Court of Appeals for the Federal Circuit.
(f)

Final decisions
A final decision entered under section 405(g) or 406(e) shall be made public if it is in favor of the complaining covered employee or if the decision reverses a decision of a Merits Hearing Officer which had been in favor of the covered employee. The Board may make public any other decision at its discretion.
(g)

Claims
Nothing in this section may be construed to prohibit a covered employee from disclosing the factual allegations underlying the covered employee’s claim, or to prohibit an employing unit from disclosing the factual allegations underlying the employing unit’s defense to the claim.
V

Employee advocacy
501.

Office of Employee Advocacy
(a)

Establishment
There is established, as an independent office within the judicial branch of the Federal Government, the Office of Employee Advocacy.
(b)

Director of employee advocacy
The OEA shall have a Director appointed by the Chief Justice of the United States from among a list of names submitted by the Board. The first Director shall be appointed not later than 90 days after the initial appointment of the Board.
(c)

Director qualifications
(1)

Specific qualifications
The Director shall, by demonstrated ability, background, training, or experience, be especially qualified to carry out the functions of the position. The individual appointed as Director shall be an attorney who is admitted to practice before the United States District Court for the District of Columbia and who has experience in representing employees in workplace discrimination cases.
(2)

Disqualifications
The disqualifications in section 301(d)(2) shall apply to the appointment of the Director, except that representations undertaken on behalf of the Office or OEA shall not be disqualifying.
(3)

Vacancies
A vacancy in the position of Director filled in the manner in which the original appointment was made.
(d)

Term of office
(1)

In general
The Director shall serve a term of 4 years. The Director may be reappointed.
(2)

Service until successor appointed
A Director whose term has expired may continue to serve until the date on which a successor has taken office.
(e)

Removal
(1)

Authority
The Director may be removed from office by the Chief Justice of the United States, but only for—
(A)
disability that substantially prevents the member from carrying out the duties of the Director;
(B)
incompetence;
(C)
neglect of duty;
(D)
malfeasance, including a felony or conduct involving moral turpitude; or
(E)
holding an office or employment or engaging in an activity that disqualifies the individual from service as Director under subsection (c)(2).
(2)

Statement of reasons for removal
In removing a Director, the Chief Justice of the United States shall state in writing to the Director being removed, the Board, the Committee on the Judiciary of the Senate, and the Committee on the Judiciary of the House of Representatives the specific reasons for the removal.
(f)

Compensation
The Director be compensated at a rate equal to the daily equivalent of the annual rate of basic pay prescribed for level IV of the Executive Schedule under section 5315 of title 5, United States Code.
(g)

Functions
(1)

Legal assistance, consultation, and representation
Subject to subsection (h), the OEA shall carry out the following functions:
(A)
Providing legal assistance and consultation to covered employees regarding the procedures of this Act and the procedures applicable to civil actions arising under this Act, including—
(i)
the roles and responsibilities of the Office, Directors of Workplace Relations, EDR Coordinators, and similar authorities;
(ii)
any proceedings conducted under this Act;
(iii)
the authority of the Office to compel cooperation and testimony under investigations and proceedings conducted under title IV; and
(iv)
the duties of the employee relating to such proceedings, including the responsibility to testify.
(B)
Providing legal assistance and representation—
(i)
in personal civil legal matters related to the initiation of or participation in proceedings by a covered employee under title IV (other than for a civil action filed under sections 401(b) and 408 of this Act); and
(ii)
in any proceedings of the Office related to conduct made unlawful by this Act, or any other administrative or judicial body related to the alleged violations of this Act that are the subject of the proceedings initiated by the covered employee, or the proceedings in which the covered employee participates, under title IV.
(C)
Operating a confidential hotline through which a covered employee may contact the Office.
(2)

Authority to provide assistance in any jurisdiction
Notwithstanding any law 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 and 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.
(h)

Prohibiting provision of assistance upon filing of civil action
If a covered employee files a civil action with respect to an alleged violation of this Act in accordance with this Act, the OEA may not provide assistance under this section to the employee with respect to investigations or proceedings under this Act in connection with such alleged violation at any time after the employee files such action.
(i)

Personnel
Subject to regulations of the Board, the Director may appoint and fix the compensation of such additional personnel as the Director determines to be necessary to carry out the functions of the Office. Such personnel shall be appointed solely on the basis of fitness to perform the duties of the position.
502.

Anonymous reporting
(a)

Anonymous reporting system
In addition to the confidential hotline required by section 501(g)(1)(C), the OEA shall create a nationwide anonymous reporting system for instances of workplace misconduct that is readily accessible to current and former covered employees but not to the general public.
(b)

Notice
This anonymous reporting system shall provide notice to those filing anonymous reports of how those reports will be handled.
(c)

Forwarding anonymous reports
The OEA shall forward each anonymous report to the officer or employee in charge of the relevant employing unit except in the following circumstances:
(1)
Anonymous reports alleging workplace misconduct by a judge listed in section 101(5)(A) shall be forwarded to the chief judge of the relevant court of appeals of the United States who may use it as a basis for identifying a complaint for purposes of section 351(b) of title 28, United States Code. If the anonymous report alleges misconduct by the chief judge of a court of appeals of the United States, the anonymous report shall be forwarded to the circuit judge in regular active service next senior in date of commission, who shall act with respect to this report as chief judge for purposes of sections 351, 352, and 353 of title 28, United States Code.
(2)
Anonymous reports alleging workplace misconduct by the officer or employee in charge of the relevant employing unit who is not a judge listed in section 101(5)(A) shall be forwarded as follows:
(A)
Reports regarding a circuit executive, clerk, librarian, crier, or senior staff attorney shall be forwarded to the chief judge of the relevant court of appeals of the United States.
(B)
Reports regarding the senior technical assistant of the Court of Appeals for the Federal Circuit shall be forwarded to the chief judge of the United States Court of Appeals for the Federal Circuit.
(C)
Reports regarding the clerk of a district court of the United States, a bankruptcy court, or the United States Court of Federal Claims shall be forwarded to the chief judge of the relevant court.
(D)
Reports regarding a district court executive shall be forwarded to the chief judge of the relevant district court of the United States.
(E)
Reports regarding the Director of Administrative Office of the United States Courts or the Director of the Federal Judicial Center shall be forwarded to the Chief Justice of the United States.
(F)
Reports regarding the Chair of the United States Sentencing Commission shall be forwarded to the President of the United States.
(G)
Reports regarding the Staff Director of the United States Sentencing Commission shall be forwarded to the Chair of the Sentencing Commission.
(H)
Reports regarding a Federal Public Defender described in section 30006A(g)(2)(A) of title 18, United States Code, shall be forwarded to the chief judge of the relevant court of appeals of the United States.
(d)

Compilation of anonymous reports
The OEA shall compile the total number of anonymous reports received regarding each employing unit specified in section 101(5) for the preceding 10 years and report this number, disaggregated by employing unit and the year the report was received, on an annual basis to the Board, the Judicial Conference of the United States, the Committee on the Judiciary of the Senate, and the Committee on the Judiciary of the House of Representatives.
(e)

Protection of anonymity
Notwithstanding any other provision of law, anonymous reports filed under subsection (a) shall not be disclosed by the OEA except as otherwise provided in this section.
VI

Miscellaneous provisions
601.

Improvements to judicial conduct and disability complaints process
(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 section 453 of this title and the requirements of the Judiciary Accountability Act of 2024.”;
(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)
workplace misconduct, as defined in section 101 of the Judiciary Accountability Act of 2024, constitutes a violation of this chapter.”;
(3)
in subsection (c), in the first sentence—
(A)
by striking “notice and an opportunity” and inserting “notice, an opportunity”; and
(B)
by inserting “, and written explanation in the Federal Register” before the period at the end; and
(4)
by adding at the end the following:
“(d)

Transmission to Congress
Not later than 180 days before the effective date of a rule prescribed under this section, the Chief Justice of the United States, or, if applicable, the chief judge of the relevant judicial council, shall transmit to Congress a copy of the proposed 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 of the United States, 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 defined in the Judiciary Accountability Act of 2024, may be filed with the Judicial Conference of the United States.
(2)

Transmittal by Judicial Conference
Upon receipt of a complaint filed under this subsection, the Judicial Conference of the United States shall transmit the complaint in accordance with subsection (c).”.
(c)

Judicial conference To report violations to Congress
Section 355 of title 28, United States Code, is amended by adding at the end the following:
“(c)

Violations reported to Congress
If the Judicial Conference concurs in the determination of the judicial council, or makes its own determination, that taking an action as described in paragraphs (1)(C) and (2) of section 354(a) is appropriate, the Judicial Conference shall submit to Congress the determination and the record of the proceedings.”.
(d)

Expanded definition of judge
Subsection (f)(1) of section 351 of title 28, United States Code, as redesignated by subsection (b) of this section, is amended by striking “or magistrate judge” and inserting “magistrate judge, or an individual who was such a judge at the time of the conduct described in a complaint”.
(e)

Effect of resignation or retirement of judge
Chapter 16 of title 28, United States Code, is amended—
(1)
in section 352, by adding at the end the 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)
dismissing the complaint under subsection (b)(1); or
(2)
concluding that action on the complaint is no longer necessary under subsection (b)(2).”; and
(2)
in section 353, by adding at the end the following:
“(d)

Effect of vacancy of office
The special committee shall complete its investigation and file a report under subsection (c) without regard to the resignation, retirement from office under chapter 17, or death of the judge whose conduct is the subject of the complaint.”.
(f)

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 “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.”.
(g)

Expenses for complainants and third parties
Section 361 of title 28, United States Code, is amended—
(1)
by striking “Upon” and inserting the following:
“(a)

For judges
Upon”; and
(2)
by adding at the end the following:
“(b)

For complainants
Upon the request of a complainant under this chapter, the judicial council of a circuit may, if the complaint was not finally dismissed under section 354(a)(1)(B), recommend that the Director of the Administrative Office of the United States Courts award reimbursement, from funds appropriated to the Federal judiciary, for those reasonable expenses, including attorneys’ fees, incurred by that complainant during the investigation which would not have been incurred but for filing a complaint under this chapter.”.
(h)

Disclosure of information
Section 360 of title 28, United States Code, is amended—
(1)
in subsection (a), in the matter preceding paragraph (1), by inserting “and subsections (c) and (d) of this section” after “section 355”; and
(2)
by adding at the end the following:
“(c)

Reports
(1)

Report to Judicial Conference
(A)

Notice of complaints filed
Not later than 30 days after a complaint is filed by a current or former covered employee, as defined in the Judiciary Accountability Act of 2024, under section 351, the clerk of a court of appeals shall notify the Judicial Conference of such complaint.
(B)

Report of special committee
Each special committee appointed under section 353 shall submit to the Judicial Conference a copy of a report of the special committee under subsection (c) of that section.
(C)

Redaction of personally 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
The Judicial Conference of the United States shall submit to Congress an annual 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 365-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.
(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.”.
602.

District of Columbia courts
(a)

Application to District of Columbia courts
Subject to subsections (b), (c), and (d) of this section, the laws made applicable to the judicial branch of the Federal Government under section 102 of this Act shall also be applicable to the courts of the District of Columbia.
(b)

Council of the District of Columbia authority
Notwithstanding section 602(a)(4) of the District of Columbia Self-Government and Governmental Reorganization Act (sec. 1–206.02(a)(4), D.C. Official Code), and subject to subsection (c) of this section, the Council of the District of Columbia may enact any act necessary to implement subsection (a) of this section with respect to the courts of the District of Columbia, including by providing for the reporting and investigation of and remedies for violations of the laws made applicable by subsection (a).
(c)

No effect on judicial tenure
Nothing in this section shall authorize any amendment to chapter 15 of title 11 of the District of Columbia Official Code (relating to the appointment, removal, and retirement of judges of the District of Columbia courts) or any provision that would displace that chapter as the exclusive means by which a judge of the District of Columbia courts may be removed from office.
(d)

Effective date
Subsection (a) shall take effect upon the enactment of legislation by the Council of the District of Columbia under the authority granted to it by subsection (b).
603.

United States Tax Court
(a)

Laws made applicable
The laws made applicable to the judicial branch of the Federal Government under section 102 of this Act shall be applicable to the United States Tax Court:
(b)

Definitions
For purposes of this Act:
(1)

Covered employee
Employees of the employing units described in subparagraph (B) shall be treated as covered employees (as defined in section 101).
(2)

Employing unit
The following shall be treated as employing units (as so defined):
(A)
The United States Tax Court.
(B)
A judge or special trial judge of the United States Tax Court.
(C)
A retired judge of the United States Tax Court performing duties pursuant to section 7447(c) of the Internal Revenue Code of 1986.
(D)
A retired special trial judge of the United States Tax Court performing duties pursuant to section 7447A(c) of the Internal Revenue Code of 1986.
(E)
The clerk of the United States Tax Court.
(c)

Special provision related to judicial councils and the judicial conference
In carrying out the provisions of this Act, the United States Tax Court shall have the powers granted to a judicial council under this Act.
(d)

Regulations
The United States Tax Court shall revise the rules prescribed pursuant to section 7466(a) of the Internal Revenue Code of 1986 to give effect to the amendments to chapter 16 of title 28, United States Code, made by section 601 of this Act.
604.

Court of Appeals for Veterans Claims
(a)

Application to the Court of Appeals for Veterans Claims
(1)

In general
The laws made applicable to the judicial branch of the Federal Government under section 102 of this Act shall be applicable to the Court of Appeals for Veterans Claims.
(2)

Definitions
For purposes of this Act:
(A)

Covered employee
The term covered employee includes employees of the Court of Appeals for Veterans Claims and the employing units defined in subparagraph (B).
(B)

Employing unit
The term employing unit includes—
(i)
the Court of Appeals for Veterans Claims;
(ii)
a judge of the Court of Appeals for Veterans Claims and retired judge of the Court of Appeals of Veterans Claims performing duties pursuant to section 7257 of title 38, United States Code; and
(iii)
the Clerk of the Court of Appeals of Veterans Claims.
(3)

Covered employee
Covered employees defined in subsection (2)(A) shall enjoy all rights and remedies provided under subtitle A of title II.
(b)

Special provision related to Judicial Councils and the Judicial Conference
The Court of Appeals for Veterans Claims shall exercise the powers provided to a judicial council under this Act, pursuant to section 7253(g) of title 38, United States Code.
(c)

Regulations
The Court of Appeals for Veterans Claims shall revise the rules prescribed pursuant to section 7253(g) of title 38, United States Code, to give effect to the amendments to chapter 16 of title 28, United States Code, enacted by section 601 of this Act.
605.

District Court of Guam
(a)

Application of judicial conduct and disability rules
(1)

In general
Section 351(d)(1) of title 28, United States Code, is amended by inserting “, including a judge and magistrate judge of the District Court of Guam” before the period at the end.
(2)

Judicial council and other offices
(A)

Ninth Circuit
With respect to a judge of the District Court of Guam, the clerk and chief judge of the United States Court of Appeals for the Ninth Circuit shall have the powers granted to a clerk and chief judge, and the Judicial Council of the Ninth Circuit shall have the powers granted to a judicial council, under chapter 16 of title 28, United States Code.
(B)

Review
(i)

In general
The provisions of sections 354(b) through 360 of title 28, United States Code, shall apply to the exercise by the judicial council of the Ninth Circuit of the powers of a judicial council under subparagraph (A).
(ii)

Determination
(I)

In general
The determination pursuant to section 354(b) or 355 of title 28, United States Code, shall be made based on the grounds for removal of a judge from office under section 24(a) of the Organic Act of Guam (48 U.S.C. 1424b(a)).
(II)

Certification and transmittal
Certification and transmittal by the Judicial Conference of the United States of any complaint shall be made to the President for consideration under section 24(a) of the Organic Act of Guam (48 U.S.C. 1424b(a)).
(b)

Application of Judiciary Accountability Act
(1)

In general
The laws made applicable to the judicial branch of the Federal Government under section 102 of this Act shall be applicable to the District Court of Guam.
(2)

Definitions
For purposes of this Act:
(A)

Covered employee
The term covered employee includes employees of the District Court of Guam.
(B)

Employing unit
The District Court of Guam is a district court of the United States under section 101(5)(A)(i)(II).
606.

District Court for the Northern Mariana Islands
(a)

Application of judicial conduct and disability rules
(1)

In general
Section 351(d)(1) of title 28, United States Code, as amended by section 605 of this Act, is amended by inserting “, a judge and magistrate judge of the District Court for the Northern Mariana Islands” before the period at the end.
(2)

Judicial council and other offices
(A)

Ninth circuit
With respect to a judge of the District Court for the Northern Mariana Islands, the clerk and chief judge of the United States Court of Appeals for the Ninth Circuit shall have the powers granted to a clerk and chief judge, and the Judicial Council of the Ninth Circuit shall have the powers granted to a judicial council, under chapter 16 of title 28, United States Code.
(B)

Review
(i)

In general
The provisions of sections 354(b) through 360 of title 28, United States Code, shall apply to the exercise by the Judicial Council of the Ninth Circuit of the powers of a judicial council under subparagraph (A).
(ii)

Determination
(I)

In general
The determination pursuant to section 354(b) or 355 of title 28, United States Code, shall be made based on the grounds for removal of a judge from office under subsection (b) of the first section of Public Law 95–157 (48 U.S.C. 1821(b)).
(II)

Certification and transmittal
Certification and transmittal by the Judicial Conference of the United States of any complaint shall be made to the President for consideration under subsection (b) of the first section of Public Law 95–157 (48 U.S.C. 1821(b)).
(b)

Application of Judiciary Accountability Act
(1)

In general
The laws made applicable to the judicial branch of the Federal Government under section 102 of this Act shall be applicable to the District Court for the Northern Mariana Islands.
(2)

Definitions
For purposes of this Act:
(A)

Covered employee
The term covered employee includes employees of the District Court for the Northern Mariana Islands.
(B)

Employing unit
The District Court for the Northern Mariana Islands is a district court of the United States under paragraph (5)(A)(i)(II) of section 101.
607.

District Court of the Virgin Islands
(a)

Application of judicial conduct and disability rules
(1)

In general
Section 351(d)(1) of title 28, United States Code, as amended by section 606 of this Act, is amended by inserting “, and a judge and magistrate judge of the District Court of the Virgin Islands” before the period at the end.
(2)

Judicial council and other offices
(A)

Third Circuit
With respect to a judge of the District Court of the Virgin Islands, the clerk and chief judge of the United States Court of Appeals for the Third Circuit shall have the powers granted to a clerk and chief judge, and the Judicial Council of the Third Circuit shall have the powers granted to a judicial council, under chapter 16 of title 28, United States Code.
(B)

Review
(i)

In general
The provisions of sections 354(b) through 360 of title 28, United States Code, shall apply to the exercise by the Judicial Council of the Third Circuit of the powers of a judicial council under subparagraph (A).
(ii)

Determination
(I)

In general
The determination pursuant to section 354(b) or 355 of title 28, United States Code, shall be made based on the grounds for removal of a judge from office under section 24(a) of the Revised Organic Act of the Virgin Islands (48 U.S.C. 1614(a)).
(II)

Certification and transmittal
Certification and transmittal by the Judicial Conference of the United States of any complaint shall be made to the President for consideration under section 24(a) of the Revised Organic Act of the Virgin Islands (48 U.S.C. 1614(a)).
(b)

Application of Judiciary Accountability Act
(1)

In general
The laws made applicable to the judicial branch of the Federal Government under section 102 of this Act shall be applicable to the District Court of the Virgin Islands.
(2)

Definitions
For purposes of this Act:
(A)

Covered employee
The term covered employee includes employees of the District Court of the Virgin Islands.
(B)

Employing unit
The District Court of the Virgin Islands is a district court of the United States under paragraph (5)(A)(i)(II) of section 101.
608.

Supreme Court of the United States
(a)

Application of judicial conduct and disability rules
(1)

In general
Section 351(d)(1) of title 28, United States Code, as amended by section 607 of this Act, is amended by inserting “, and the Chief Justice of the United States or an associate justice” before the period at the end.
(2)

Judicial council and other offices
Section 363 of title 28, United States Code, is amended by striking “and the Court of Appeals for the Federal Circuit” and inserting “the Court of Appeals for the Federal Circuit, and the Supreme Court of the United States”.
(b)

Application of judiciary accountability act
(1)

In general
The laws made applicable to the judicial branch of the Federal Government under section 102 of this Act shall be applicable to the Supreme Court of the United States.
(2)

Definitions
For purposes of this Act:
(A)

Covered employee
The term covered employee includes employees of the Supreme Court of the United States.
(B)

Employing unit
The term employing unit includes—
(i)
the Supreme Court of the United States;
(ii)
the Chief Justice of the United States;
(iii)
an associate justice;
(iv)
the clerk, marshal, reporter, and librarian of the Supreme Court of the United States; and
(v)
the Counselor to the Chief Justice.
609.

Transition provisions
(a)

Current employment dispute resolution plans
Subject to subsection (b), all Employment Dispute Resolution Plans affecting an employing unit that are in effect on the date of enactment of this Act shall remain in effect, subject to ordinary modifications, until 1 year after the date of enactment of this Act.
(b)

Current and future claims and proceedings
(1)

Claims arising before enactment
If, on the day before the date of enactment of this Act, a covered employee has pursued or could pursue a claim available to the employee under processes outlined in an Employment Dispute Resolution Plan, the employee may complete, or initiate and complete, those processes, and the Employment Dispute Resolution Plan will remain in effect with respect to, and provide the exclusive means for, resolution of that claim until the completion of all such processes.
(2)

Claims arising between enactment and effective date
If a claim by a covered employee arises under section 201, 202, or 203 on or after the date of enactment of this Act but before the effective date specified in section 201(e), 202(d), or 203(e) respectively, the employee may elect to pursue the claim as if the claim had arisen before that date of enactment, pursuant to paragraph (1), or may wait to pursue the claim after the effective date specified in section 201(e), 202(d), or 203(e), respectively.
(c)

Current employees
(1)

Directors of Workplace Relations
Directors of Workplace Relations currently serving in that role pursuant to an Employment Dispute Resolution Plan shall continue in that role until the earlier of—
(A)
the appointment of a Director of Workplace Relations for the relevant circuit by the Judicial Integrity Officer; or
(B)
1 year after the enactment of this Act.
(2)

Employment Dispute Resolution Coordinators
Employment Dispute Resolution Coordinators currently serving in that role pursuant to an Employment Dispute Resolution Plan will continue to serve in that role until the earlier of—
(A)
the appointment of an Employee Dispute Resolution Coordinator for the relevant court by a Director of Workplace Relations appointed under this Act; or
(B)
1 year after the enactment of this Act.
(3)

Rule of construction
Nothing in this subsection shall prevent—
(A)
a Director of Workplace Relations or Employment Dispute Resolution Coordinator from being appointed, removed, or replaced until the conditions specified in paragraphs (1) or (2) are satisfied;
(B)
the appointment of an individual currently serving as a Director of Workplace Relations to the role of Director of Workplace Relations under this Act by the Judicial Integrity Officer; or
(C)
the appointment of an individual currently serving as an Employment Dispute Resolution Coordinator to the role of Employee Dispute Resolution Coordinator under this Act by the relevant Director of Workplace Relations.
(d)

Employment Dispute Resolution Plan
In this section, the term Employment Dispute Resolution Plan means an Employment Dispute Resolution Plan established under the Federal Judiciary Model Employment Dispute Resolution Plan adopted by the Judicial Conference of the United States in September 2018, or a successor plan.
610.

Severability
If any provision of this Act, an amendment made by this Act, or the application of such provision or amendment to any person or circumstance is held to be unconstitutional, the remainder of this Act, the amendments made by this Act, and the application of the provisions of such to any person or circumstance shall not be affected thereby.