[Congressional Record Volume 153, Number 19 (Wednesday, January 31, 2007)]
[Senate]
[Pages S1437-S1438]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. GRASSLEY:
  S. 461. A bill to amend title 28, United States Code, to provide an 
Inspector General for the judicial branch, and for other purposes; to 
the Committee on the Judiciary.
  Mr. GRASSLEY. Mr. President, I ask unanimous consent that the text of 
this bill be printed in the Record.
  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

                                 S. 461

       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 2007''.

     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

``Sec.
``1021. Establishment.
``1022. Appointment, term, and removal of Inspector General.
``1023. Duties.
``1024. Powers.
``1025. Reports.
``1026. Whistleblower protection.

     ``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, term, and removal of Inspector 
       General

       ``(a) Appointment.--The head of the Office shall be the 
     Inspector General, who shall be appointed by the Chief 
     Justice of the United States after consultation with the 
     majority and minority leaders of the Senate and the Speaker 
     and minority leader of the House of Representatives.
       ``(b) Term.--The Inspector General shall serve for a term 
     of 4 years and may be reappointed by the Chief Justice of the 
     United States for any number of additional terms.
       ``(c) Removal.--The Inspector General may be removed from 
     office by the Chief Justice of the United States. The Chief 
     Justice shall communicate the reasons for any such removal to 
     both Houses of Congress.

     ``Sec. 1023. Duties

       ``With respect to the judicial branch, the Office shall--
       ``(1) conduct investigations of alleged misconduct in the 
     judicial branch (other than the United States Supreme Court) 
     under chapter 16, that may require oversight or other action 
     within the judicial branch or by Congress;
       ``(2) conduct investigations of alleged misconduct in the 
     United States Supreme Court, that may require oversight or 
     other action within the judicial branch or by Congress;
       ``(3) conduct and supervise audits and investigations;
       ``(4) prevent and detect waste, fraud, and abuse; and
       ``(5) recommend changes in laws or regulations governing 
     the judicial branch.

     ``Sec. 1024. Powers

       ``(a) 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 for 
     a position at level IV of the Executive Schedule under 
     section 5315; 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.
       ``(b) Chapter 16 Matters.--The Inspector General shall not 
     commence an investigation under section 1023(1) until the 
     denial of a petition for review by the judicial council of 
     the circuit under section 352(c) of this title or upon 
     referral or certification to the Judicial Conference of the 
     United States of any matter under section 354(b) of this 
     title.
       ``(c) Limitation.--The Inspector General shall not have the 
     authority to--
       ``(1) investigate or review any matter that is directly 
     related to the merits of a decision or procedural ruling by 
     any judge, justice, or court; or
       ``(2) punish or discipline any judge, justice, or court.

     ``Sec. 1025. Reports

       ``(a) When To Be Made.--The Inspector General shall--
       ``(1) make an annual report to the Chief Justice and to 
     Congress relating to the activities of the Office; and
       ``(2) make 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

[[Page S1438]]

     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, 
     justice, 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.''.
                                 ______