H.R.486 - Judicial Transparency and Ethics Enhancement Act of 2009
To amend title 28, United States Code, to provide an Inspector General for the judicial branch, and for other purposes.

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HR 486 IHCommentsClose CommentsPermalink
111th CONGRESSCommentsClose CommentsPermalink
1st SessionCommentsClose CommentsPermalink
H. R. 486CommentsClose CommentsPermalink
To amend title 28, United States Code, to provide an Inspector General for the judicial branch, and for other purposes.CommentsClose CommentsPermalink
IN THE HOUSE OF REPRESENTATIVESCommentsClose CommentsPermalink
January 13, 2009CommentsClose CommentsPermalink
Mr. SENSENBRENNER introduced the following bill; which was referred to the Committee on the JudiciaryCommentsClose CommentsPermalink
A BILLCommentsClose CommentsPermalink
To amend title 28, United States Code, to provide an Inspector General for the judicial branch, and for other purposes.CommentsClose CommentsPermalink
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,CommentsClose CommentsPermalink
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘Judicial Transparency and Ethics Enhancement Act of 2009’.CommentsClose CommentsPermalink
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:CommentsClose CommentsPermalink
‘CHAPTER 60--INSPECTOR GENERAL FOR THE JUDICIAL BRANCH
‘Sec.CommentsClose CommentsPermalink
‘1021. Establishment.CommentsClose CommentsPermalink
‘1022. Appointment, term, and removal of Inspector General.CommentsClose CommentsPermalink
‘1023. Duties.CommentsClose CommentsPermalink
‘1024. Powers.CommentsClose CommentsPermalink
‘1025. Reports.CommentsClose CommentsPermalink
‘1026. Whistleblower protection.CommentsClose CommentsPermalink
‘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’).CommentsClose CommentsPermalink
‘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.CommentsClose CommentsPermalink
‘(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.CommentsClose CommentsPermalink
‘(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.CommentsClose CommentsPermalink
‘Sec. 1023. Duties
‘With respect to the Judicial Branch, other than the United States Supreme Court, the Office shall--CommentsClose CommentsPermalink
‘(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;CommentsClose CommentsPermalink
‘(2) conduct and supervise audits and investigations;CommentsClose CommentsPermalink
‘(3) prevent and detect waste, fraud, and abuse; andCommentsClose CommentsPermalink
‘(4) recommend changes in laws or regulations governing the Judicial Branch.CommentsClose CommentsPermalink
‘Sec. 1024. Powers
‘(a) Powers- In carrying out the duties of the Office, the Inspector General shall have the power--CommentsClose CommentsPermalink
‘(1) to make investigations and reports;CommentsClose CommentsPermalink
‘(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;CommentsClose CommentsPermalink
‘(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;CommentsClose CommentsPermalink
‘(4) to administer to or take from any person an oath, affirmation, or affidavit;CommentsClose CommentsPermalink
‘(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;CommentsClose CommentsPermalink
‘(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 ; andCommentsClose CommentsPermalink‘(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.CommentsClose CommentsPermalink
‘(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.CommentsClose CommentsPermalink
‘(c) Limitation- The Inspector General shall not have the authority--CommentsClose CommentsPermalink
‘(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; orCommentsClose CommentsPermalink
‘(2) to punish or discipline any judge or court.CommentsClose CommentsPermalink
‘Sec. 1025. Reports
‘(a) When To Be Made- The Inspector General shall--CommentsClose CommentsPermalink
‘(1) make an annual report to the Chief Justice and to Congress relating to the activities of the Office; andCommentsClose CommentsPermalink
‘(2) make prompt reports to the Chief Justice and to Congress on matters that may require action by them.CommentsClose CommentsPermalink
‘(b) Sensitive Matter- If a report contains sensitive matter, the Inspector General may so indicate and Congress may receive that report in closed session.CommentsClose CommentsPermalink
‘(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.CommentsClose CommentsPermalink
‘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.CommentsClose CommentsPermalink
‘(b) Civil Action- An employee injured by a violation of subsection (a) may, in a civil action, obtain appropriate relief.’.CommentsClose CommentsPermalink
(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:CommentsClose CommentsPermalink
‘60. Inspector General for the Judicial Branch.’.CommentsClose CommentsPermalink
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