[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 785 Introduced in House (IH)]
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
``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 (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.''.
<all>