Sec. 6. Special Counsel for Equal Employment Opportunity
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There is established in the judicial branch of the Federal Government the Office of Special Counsel for Equal Employment Opportunity (in this section referred to as the Office ). The head of the Office shall be the Special Counsel for Equal Employment Opportunity (in this section referred to as the Special Counsel ), who shall be appointed by the Commission, after consultation with the Judicial Conference of the United States and the Council of the Inspectors General on Integrity and Efficiency.
The Special Counsel shall serve for a single term of 5 years. The Special Counsel shall, by demonstrated ability, background, training, or experience, be especially qualified to carry out the functions of the position, and shall not be a current or former officer or employee of the judicial branch of the Federal Government. The Special Counsel may be removed from office by a majority vote of the Judicial Conference of the United States, with each vote recorded and accompanied by a statement explaining the reason for said vote, subject to the following:
The removal of the Special Counsel may only be initiated in the event of permanent incapacity, inefficiency, neglect of duty, or malfeasance. The Judicial Conference shall communicate the reasons for any such removal to both Houses of Congress and the Commission within 14 days of said removal. With respect to the judicial branch of the Federal Government, the Office shall— conduct investigations of alleged workplace misconduct in the judicial branch of the Federal Government and any policies or procedures promulgated under this Act that may require oversight or other action within the judicial branch of the Federal Government or by Congress; conduct and supervise audits and investigations regarding workplace misconduct and complaints; assist in the conduct of investigations pursuant to section 353 of title 28, United States Code; conduct annual audits in accordance with section 4(f)(10); and conduct biennial workplace climate assessments in accordance with section 4(f)(9) and subsection
(f)of this section. Not later than 90 days after the appointment of the first Special Counsel under this section, and every year thereafter, the Special Counsel shall conduct an assessment of the workplace culture of agencies and offices employing covered employees. Such assessment shall be consistent with prevailing best practices and shall include the following: Indicators of positive and negative trends for maintaining a safe, respectful, diverse, and inclusive workplace. The specific types of workplace misconduct that have occurred, and the incidence of such misconduct. The effectiveness of the policies of the judicial branch of the Federal Government designed to prevent and remedy workplace misconduct. The effectiveness of the processes of the judicial branch of the Federal Government for complaints on and investigations into workplace misconduct. Any other issues relating to workplace misconduct as the Commission considers appropriate. A secure, confidential, and anonymous survey of current and former employees who have departed after the last such assessment. Focus groups and confidential individual interviews of randomly selected current and former employees. The first such assessment shall include a survey of current covered employees and former covered employees who were employed as a covered employee during the 10-year period ending on the date of enactment of this Act. The Special Counsel shall carry out this subsection in consultation with the Committee on the Judiciary of the House of Representatives, the Committee on Oversight and Reform of the House of Representatives, and the Committee on the Judiciary of the Senate. An anonymized report on the results of each assessment under this subsection shall be made publicly available not later than 30 days after the completion of the assessment. Upon the completion of any audit by the Special Counsel, the Special Counsel shall submit to Congress a report containing the results of the audit. In carrying out the duties of the Office, the Special Counsel shall have the power to— make investigations, audits, and reports; obtain assistance from any agency of the judicial branch of the Federal Government, including the Judicial Conference of the United States, the judicial council of each circuit, the Administrative Office of the United States Courts, the Federal Judicial Center, the United States Sentencing Commission, and a defender organization described in section 3006A(g) of title 18, United States Code; require, by subpoena or otherwise, the attendance and testimony of such witnesses, and the production of such books, records, correspondence, memoranda, papers, and documents, which subpoena, in the case of contumacy or refusal to obey, shall be enforceable by civil action; administer to or take from any person an oath, affirmation, or affidavit; employ such officers and employees as the Special Counsel determines appropriate, subject to the provisions of title 5, United States Code, governing appointments in the competitive service, and the provisions of chapter 51 and subchapter III of chapter 53 of such title relating to classification and General Schedule pay rates; obtain services as authorized by section 3109 of title 5, United States Code, at daily rates not to exceed the equivalent rate for a position at level IV of the Executive Schedule under section 5315 of such title; and to the extent and in such amounts as may be provided in advance by appropriations Acts— enter into contracts and other arrangements for audits, studies, analyses, and other services with public agencies and with private persons; and make such payments as may be necessary to carry out the duties of the Office. The Special Counsel shall not have the authority to investigate or review any matter that is directly related to the merits of a decision or procedural ruling by any judge, justice, or court. The Special Counsel shall— make an annual report to the Commission, the Judicial Conference, the judicial council of each circuit, and Congress relating to the activities of the Office; and make prompt reports to the Commission, the Judicial Conference, the judicial council of a circuit, Congress, and the Department of Justice on matters that may require action by the Commission, the Judicial Conference, the judicial council of the circuit, Congress, or the Department of Justice. If a report contains sensitive matter, the Special Counsel may so indicate and the Commission, the Judicial Conference, the judicial council of a circuit, and to Congress may receive that report in closed session.