[Congressional Record Volume 163, Number 199 (Wednesday, December 6, 2017)]
[Senate]
[Pages S7892-S7893]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
By Mr. GRASSLEY:
S. 2195. 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, to help ensure that our Federal judicial
system remains free of corruption, bias, and hypocrisy, today I rise to
reintroduce the Judicial Transparency and Ethics Enhancement Act. This
important bill 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. Ensuring a fair and independent judiciary is critical to our
Constitutional system of checks and balances.
During my many years in Congress, I've worked hard to strengthen the
oversight role of Federal Inspectors General who serve as the first
line of defense against fraud, waste and abuse. The facts demonstrate
that the institution of the Inspector General has been crucial in
detecting, exposing and deterring problems within our government. In
collaboration with whistleblowers, Inspectors General have been
extremely effective in their efforts to expose and help correct these
wrongs.
I've come to rely on IGs and whistleblowers to ensure that our tax
dollars are spent according to the letter and spirit of the law. And
when that doesn't happen, we in Congress need to know about it and take
corrective action.
During the past fiscal year, Congress appropriated roughly $7 billion
in taxpayer dollars to support the Federal judiciary. Put in context,
the Small Business Administration and the Corporation for National and
Community Service each received less funding than the judiciary but
both entities have an Office of Inspector General. If we in Congress
believed that these entities could use an Inspector General, doesn't it
make good sense that the Judiciary would deserve the same assistance?
Beyond fiduciary factors, 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. In fact, in the past seven 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. It took a criminal investigation by the Department of Justice
to uncover his false statements made to his colleagues who were
assembled to investigated him as well as substantiate the horrendous
claims made against him.
In the second case, you will recall that the Senate found former
Judge G. Thomas Porteous, Jr. guilty on multiple articles of
impeachment, 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. 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.
Moreover, 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 that 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 Transparency and Ethics Enhancement Act 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
[[Page S7893]]
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. Further, the bill establishes important
whistleblower protections for judicial branch employees to help keep
the judiciary accountable.
Judges are supposed to maintain impartiality. They're 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. The
Judicial Transparency and Ethics Enhancement Act will not only help
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. 2195
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 2017''.
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.
``(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:
1021''.spector General for the judicial branch.......................
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