[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 2678 Introduced in Senate (IS)]








109th CONGRESS
  2d Session
                                S. 2678

To amend title 28, United States Code, to provide for the detection and 
     prevention of inappropriate conduct in the Federal judiciary.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             April 27, 2006

 Mr. Grassley introduced the following bill; which was read twice and 
               referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
To amend title 28, United States Code, to provide for the detection and 
     prevention of inappropriate conduct in the Federal judiciary.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Judicial Transparency and Ethics 
Enhancement Act of 2006''.

SEC. 2. INSPECTOR GENERAL FOR THE JUDICIAL BRANCH.

    (a) Establishment and Duties.--Part III of title 28, United States 
Code, is amended by adding at the end the following:

        ``CHAPTER 60--INSPECTOR GENERAL FOR THE JUDICIAL BRANCH

``1021.  Establishment.
``1022.  Appointment of Inspector General.
``1023.  Duties.
``1024.  Powers.
``1025.  Reports.
``Sec. 1021. Establishment
    ``There is established for the judicial branch of the Government 
the Office of Inspector General for the Judicial Branch (in this 
chapter referred to as the `Office').
``Sec. 1022. Appointment of Inspector General
    ``The head of the Office shall be the Inspector General. The 
Inspector General shall be appointed by the Chief Justice of the United 
States after consultation with the majority leader and minority leader 
of the Senate and the Speaker and minority leader of the House of 
Representatives.
``Sec. 1023. Duties
    ``With respect to the Judicial Branch, the Office shall--
            ``(1) conduct investigations of matters pertaining to the 
        Judicial Branch, including possible misconduct in office of 
        justices and judges and proceedings under chapter 16 of this 
        title, that may require oversight or other action within the 
        Judicial Branch or by Congress;
            ``(2) conduct and supervise audits and investigations;
            ``(3) prevent and detect waste, fraud, and abuse; and
            ``(4) recommend changes in laws or regulations governing 
        the Judicial Branch.
``Sec. 1024. Powers
    ``In carrying out the duties of the Office, the Inspector General 
shall have the power to--
            ``(1) make investigations and reports;
            ``(2) obtain information or assistance from any Federal, 
        State, or local governmental agency, or other entity or unit 
        thereof, including all information kept in the course of 
        business by the Judicial Conference of the United States, the 
        judicial councils of circuits, the Administrative Office of the 
        United States Courts, and the United States Sentencing 
        Commission;
            ``(3) 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;
            ``(4) administer to or take from any person an oath, 
        affirmation, or affidavit;
            ``(5) employ such officers and employees, subject to the 
        provisions of title 5 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;
            ``(6) obtain services as authorized by section 3109 of 
        title 5 at daily rates not to exceed the equivalent rate 
        prescribed for a position at level IV of the Executive Schedule 
        under section 5315 of title 5; and
            ``(7) the extent and in such amounts as may be provided in 
        advance by appropriations Acts, to enter into contracts and 
        other arrangements for audits, studies, analyses, and other 
        services with public agencies and with private persons, and to 
        make such payments as may be necessary to carry out the duties 
        of the Office.
``Sec. 1025. Reports
    ``(a) Submission.--The Inspector General shall--
            ``(1) submit an annual report to the Chief Justice and to 
        Congress relating to the activities of the Office; and
            ``(2) submit prompt reports to the Chief Justice and to 
        Congress on matters that may require action by the Chief 
        Justice or Congress.
    ``(b) Sensitive Matter.--If a report contains sensitive matter, the 
Inspector General may so indicate and Congress may receive that report 
in closed session.
    ``(c) Duty To Inform Attorney General.--In carrying out the duties 
of the Office, the Inspector General shall report expeditiously to the 
Attorney General whenever the Inspector General has reasonable grounds 
to believe there has been a violation of Federal criminal law.
``Sec. 1026. Whistleblower protection
    ``(a) In General.--No officer, employee, agent, contractor, or 
subcontractor in the Judicial Branch may discharge, demote, threaten, 
suspend, harass, or in any other manner discriminate against an 
employee in the terms and conditions of employment because of any 
lawful act done by the employee to provide information, cause 
information to be provided, or otherwise assist in an investigation 
regarding any possible violation of Federal law or regulation, or 
misconduct, by a judge or any other employee in the Judicial Branch, 
which may assist the Inspector General in the performance of duties 
under this chapter.
    ``(b) Civil Action.--An employee injured by a violation of 
subsection (a) may, in a civil action, obtain appropriate relief.''.
    (b) Technical and Conforming Amendment.--The table of chapters for 
part III of title 28, United States Code, is amended by adding at the 
end the following:

``60.  Inspector General for the Judicial Branch.''.
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