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Code · BILL · 118th Congress · S. 5168 (Introduced in Senate) — To make certain antidiscrimination laws applicable to the judicial branch of the Federal Government, and for other pu... · Sec. 301

Sec. 301. Establishment of the Office of Judicial Integrity

1,613 words·~7 min read·/bill/118/s/5168/is/section-301·

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There is established, as an independent office within the judicial branch of the Federal Government, the Office of Judicial Integrity. 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.
The Chair shall be appointed from members of the Board by the Chief Justice of the United States. 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— 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; judicial ethics; and providing licensed counseling and other support services for victims of harassment, sexual assault, discrimination, or retaliation.
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. No member of the Board— 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 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.
A vacancy on the Board shall be filled in the manner in which the original appointment was made. 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. Of the members first appointed to the Board— 1 shall have a term of office of 3 years; 2 shall have a term of office of 4 years; and 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. 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. A member whose term has expired may continue to serve until the date on which a successor has taken office. Any member of the Board may be removed from office by the Chief Justice of the United States, but only for— disability that substantially prevents the member from carrying out the duties of the member; incompetence; neglect of duty; malfeasance, including a felony or conduct involving moral turpitude; or 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). 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. 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. 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. The Board shall oversee and the Office shall execute a workplace misconduct prevention program that is consistent with prevailing best practices, by— 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); 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; providing for a comprehensive training program on workplace misconduct and bystander intervention, which may be conducted in coordination with the Federal Judicial Center; 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; 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; collaborating with each judicial council and judicial branch agency to compile the annual reports described in section 211(b); 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; conducting annual audits of the efficacy of the workplace misconduct prevention program; and 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. The Board shall also— supervise the Judicial Integrity Officer appointed under section 302(a); 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); maintain policies, practices, procedures, and codes of conduct that— preserve the integrity of the Board and the offices and programs established under this Act; maintain the confidence of covered employees in the Board and the offices and programs established under this Act; and guarantee procedural rights to individuals during investigations and dispute resolution proceedings under this Act; 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); ensure that the Judicial Conference, Congress, and the public are kept informed of— the work of the Board; the workplace climate and culture in the judicial branch of the Federal Government, including the incidence of workplace misconduct; and the efficacy of the workplace misconduct prevention program overseen by the Board; and 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. 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. 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. 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. 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. 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. 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.
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  • 42 USC 2000e–16
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Sec. 301
Establishment of the Office of Judicial Integrity
Cite42 USC 2000e–16
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