110th CONGRESS
1st Session
H. R. 785
To amend title 28, United States Code, to provide an Inspector
General for the judicial branch, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
January 31, 2007
Mr. SENSENBRENNER introduced the following bill; which was referred to
the Committee on the Judiciary
A BILL
To amend title 28, United States Code, to provide an Inspector
General for the judicial branch, and for other purposes.
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) Creation 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
`1022. Appointment, term, and removal of Inspector General.
`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 (hereinafter 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 four 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, other than the United States Supreme
Court, the Office shall--
`(1) conduct investigations of alleged misconduct in the Judicial Branch
under chapter 16, 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
`(a) Powers- In carrying out the duties of the Office, the Inspector General
shall have the power--
`(1) to make investigations and reports;
`(2) to 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) to 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) to administer to or take from any person an oath, affirmation, or
affidavit;
`(5) to 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) to obtain services as authorized by section 3109 of title 5 at daily
rates not to exceed the equivalent rate prescribed for grade GS-18 of
the General Schedule by section 5332 of title 5, United States Code; and
`(7) to 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--
`(1) to investigate or review any matter that is directly related to the
merits of a decision or procedural ruling by any judge or court; or
`(2) to punish or discipline any judge 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 them.
`(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) Clerical Amendment- The table of chapters for part III of title 28,
United States Code, is amended by adding at the end the following new item:
`60. Inspector General for the Judicial Branch.'.
END
