II 

109TH CONGRESS 

2D SESSION S. 2678 

To amend title 28, United States Code, to provide for the detection and 

prevention of inappropriate conduct in the Federal judiciary. 

IN THE SENATE OF THE UNITED STATES 

APRIL 27, 2006 

Mr. GRASSLEY introduced the following bill; which was read twice and referred 

to the Committee on the Judiciary 

A BILL 

To amend title 28, United States Code, to provide for the 

detection and prevention of inappropriate conduct in the 

Federal judiciary. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Judicial Transparency 

5 and Ethics Enhancement Act of 2006’’. 

6 SEC. 2. INSPECTOR GENERAL FOR THE JUDICIAL BRANCH. 

7 (a) ESTABLISHMENT AND DUTIES.—Part III of title 

8 28, United States Code, is amended by adding at the end 

9 the following: 


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1 ‘‘CHAPTER 60—INSPECTOR GENERAL FOR 

2 THE JUDICIAL BRANCH 

‘‘1021. Establishment. 

‘‘1022. Appointment of Inspector General. 

‘‘1023. Duties. 

‘‘1024. Powers. 

‘‘1025. Reports. 

3 ‘‘§ 1021. Establishment 

4 ‘‘There is established for the judicial branch of the 

5 Government the Office of Inspector General for the Judi6 cial Branch (in this chapter referred to as the ‘Office’). 

7 ‘‘§ 1022. Appointment of Inspector General 

8 ‘‘The head of the Office shall be the Inspector Gen9 eral. The Inspector General shall be appointed by the 

10 Chief Justice of the United States after consultation with 

11 the majority leader and minority leader of the Senate and 

12 the Speaker and minority leader of the House of Rep13 resentatives. 

14 ‘‘§ 1023. Duties 

15 ‘‘With respect to the Judicial Branch, the Office 

16 shall— 

17 ‘‘(1) conduct investigations of matters per18 taining to the Judicial Branch, including possible 

19 misconduct in office of justices and judges and pro20 ceedings under chapter 16 of this title, that may re21 quire oversight or other action within the Judicial 

22 Branch or by Congress; 


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1 ‘‘(2) conduct and supervise audits and inves2 tigations; 

3 ‘‘(3) prevent and detect waste, fraud, and 

4 abuse; and 

5 ‘‘(4) recommend changes in laws or regulations 

6 governing the Judicial Branch. 

7 ‘‘§ 1024. Powers 

8 ‘‘In carrying out the duties of the Office, the Inspec9 tor General shall have the power to— 

10 ‘‘(1) make investigations and reports; 

11 ‘‘(2) obtain information or assistance from any 

12 Federal, State, or local governmental agency, or 

13 other entity or unit thereof, including all information 

14 kept in the course of business by the Judicial Con15 ference of the United States, the judicial councils of 

16 circuits, the Administrative Office of the United 

17 States Courts, and the United States Sentencing 

18 Commission; 

19 ‘‘(3) require, by subpoena or otherwise, the at20 tendance and testimony of such witnesses, and the 

21 production of such books, records, correspondence, 

22 memoranda, papers, and documents, which sub23 poena, in the case of contumacy or refusal to obey, 

24 shall be enforceable by civil action; 


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1 ‘‘(4) administer to or take from any person an 

2 oath, affirmation, or affidavit; 

3 ‘‘(5) employ such officers and employees, sub4 ject to the provisions of title 5 governing appoint5 ments in the competitive service, and the provisions 

6 of chapter 51 and subchapter III of chapter 53 of 

7 such title relating to classification and General 

8 Schedule pay rates; 

9 ‘‘(6) obtain services as authorized by section 

10 3109 of title 5 at daily rates not to exceed the equiv11 alent rate prescribed for a position at level IV of the 

12 Executive Schedule under section 5315 of title 5; 

13 and 

14 ‘‘(7) the extent and in such amounts as may be 

15 provided in advance by appropriations Acts, to enter 

16 into contracts and other arrangements for audits, 

17 studies, analyses, and other services with public 

18 agencies and with private persons, and to make such 

19 payments as may be necessary to carry out the du20 ties of the Office. 

21 ‘‘§ 1025. Reports 

22 ‘‘(a) SUBMISSION.—The Inspector General shall— 

23 ‘‘(1) submit an annual report to the Chief Jus24 tice and to Congress relating to the activities of the 

25 Office; and 


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1 ‘‘(2) submit prompt reports to the Chief Justice 

2 and to Congress on matters that may require action 

3 by the Chief Justice or Congress. 

4 ‘‘(b) SENSITIVE MATTER.—If a report contains sen5 sitive matter, the Inspector General may so indicate and 

6 Congress may receive that report in closed session. 

7 ‘‘(c) DUTY TO INFORM ATTORNEY GENERAL.—In 

8 carrying out the duties of the Office, the Inspector General 

9 shall report expeditiously to the Attorney General when10 ever the Inspector General has reasonable grounds to be11 lieve there has been a violation of Federal criminal law. 

12 ‘‘§ 1026. Whistleblower protection 

13 ‘‘(a) IN GENERAL.—No officer, employee, agent, con14 tractor, or subcontractor in the Judicial Branch may dis15 charge, demote, threaten, suspend, harass, or in any other 

16 manner discriminate against an employee in the terms and 

17 conditions of employment because of any lawful act done 

18 by the employee to provide information, cause information 

19 to be provided, or otherwise assist in an investigation re20 garding any possible violation of Federal law or regulation, 

21 or misconduct, by a judge or any other employee in the 

22 Judicial Branch, which may assist the Inspector General 

23 in the performance of duties under this chapter. 


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1 ‘‘(b) CIVIL ACTION.—An employee injured by a viola2 tion of subsection (a) may, in a civil action, obtain appro3 priate relief.’’. 

4 (b) TECHNICAL AND CONFORMING AMENDMENT.— 

5 The table of chapters for part III of title 28, United States 

6 Code, is amended by adding at the end the following: 

‘‘60. Inspector General for the Judicial Branch.’’. 

Æ 


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