[Congressional Record Volume 159, Number 37 (Thursday, March 14, 2013)]
[Senate]
[Pages S1861-S1863]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. GRASSLEY:
  S. 575. 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, today I am reintroducing the Judicial 
Transparency and Ethics Enhancement Act, a bill that would establish 
within the judicial branch an Office of Inspector General to assist the 
Judiciary with its ethical obligations as well as to ensure taxpayer 
dollars are not lost to waste, fraud, or abuse. Representative 
Sensenbrenner is introducing the companion bill in the House. This bill 
will help make sure that our Federal judicial system remains free of 
corruption, bias, and hypocrisy.
  The facts demonstrate that the institution of the Inspector General 
has been crucial in detecting, exposing and deterring problems within 
our government. The job of the Inspector General is to be the first 
line of defense against fraud, waste and abuse. In collaboration with 
whistleblowers, Inspectors General have been extremely effective in 
their efforts to expose and help correct these wrongs.
  That is why, during my 30 years in Congress I have worked hard to 
strengthen the oversight role of Inspectors General throughout the 
Federal Government. I have come to rely on IGs and whistleblowers to 
ensure that our tax dollars are spent according to the letter and 
spirit of the law. When that doesn't happen, we in Congress need to 
know about it and take corrective action.
  During the past fiscal year, Congress appropriated nearly $7 billion 
in taxpayer money to the Federal judiciary. To put this in context, the 
National Science Foundation, the Small Business Administration, and the 
Corporation for National and Community Service each received a similar 
or less amount than the judiciary. Yet all three of these entities have 
an Office of Inspector General. If we in Congress believed that these 
entities could use an Inspector General, I cannot see why the Judiciary 
wouldn't deserve the same assistance.
  But there is an additional reason why the Judiciary needs an 
Inspector General. The fact remains that the current practice of self-
regulation of judges with respect to ethics and the judicial code of 
conduct has time and time again proven inadequate. I would point out to 
my colleagues two recent events here in the Senate that support this 
conclusion.
  In the past 5 years, the Senate received articles of impeachment for 
not one but two Federal judges. In the first case, former Judge Samuel 
B. Kent, although charged with multiple counts of sexual assault, pled 
guilty to obstruction of justice. Who did he obstruct?

[[Page S1862]]

Who did he lie to? He did this to his fellow judges, who were assembled 
to investigate the allegations of his obscene and criminal behavior. 
But it took a criminal investigation by the Department of Justice to 
uncover his false statements to his colleagues as well as substantiate 
the horrendous claims made against him.
  In the second case, the Senate found that former Judge G. Thomas 
Porteous, Jr. was guilty of a number of things, including accepting 
money from attorneys who had a case pending before him in his court and 
committing perjury by falsifying his name on bankruptcy filings. Once 
again, this Judge's misbehavior came to light through a Federal 
criminal investigation, after which another judicial committee had to 
be organized to investigate their fellow judge.
  What's more, in each case the disgraced judge tried to game the 
system in order to retain his $174,000 salary. Rather than resign their 
commissions, each first tried to claim disability status what would 
allow each to continue to receive payment, even if in prison. Then both 
played chicken with Congress daring us to strip them of their pay by 
impeaching and convicting them. I am pleased that we put our foot down 
and said ``No.''
  The judicial misconduct committees are simply inadequate for 
investigating claims of misconduct. These judges are not given the 
resources necessary nor do they have the expertise in conducting a 
complete investigation. They cannot, despite their best intentions, 
remove the inherent biases that develop from working closely with other 
judges. This duty would be better suited to an independent entity 
within the Judiciary.
  The Judicial Transparency and Ethics Enhancement Act is the answer. 
This bill would establish an Office of Inspector General for the 
judicial branch. The IG's responsibilities would include conducting 
investigations of possible judicial misconduct, investigating waste 
fraud and abuse, and recommending changes in laws and regulations 
governing the Federal judiciary. The bill would require the IG to 
provide the Chief Justice and Congress with an annual report on its 
activities, as well as refer matters that may constitute a criminal 
violation to the Department of Justice. In addition, the bill 
establishes whistleblower protections for judicial branch employees.
  Ensuring a fair and independent judiciary is critical to our 
Constitutional system of checks and balances. Judges are supposed to 
maintain impartiality. They are supposed to be free from conflicts of 
interest. An independent watchdog for the Federal judiciary will help 
its members comply with the ethics rules and promote credibility within 
the judicial branch of government. Whistleblower protections for 
judiciary branch employees will help keep the judiciary accountable. 
The Judicial Transparency and Ethics Enhancement Act will not only 
ensure continued public confidence in our Federal courts and keep them 
beyond reproach, it will strengthen our judicial branch.
  Mr. President, I ask unanimous consent that the text of the 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. 575

       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 2013''.

     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 of such title; 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 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.

[[Page S1863]]

       ``(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.............1021''.....



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