[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 486 Introduced in House (IH)]

111th CONGRESS
  1st Session
                                H. R. 486

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 13, 2009

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 2009''.

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.''.
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