I 

109TH CONGRESS 

2D SESSION H. R. 5219 

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

prevention of inappropriate conduct in the Federal judiciary. 

IN THE HOUSE OF REPRESENTATIVES 

APRIL 27, 2006 

Mr. SENSENBRENNER (for himself and Mr. SMITH of Texas) introduced the 

following bill; which was 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) CREATION AND DUTIES.—Part III of title 28, 

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

9 following: 


ycherry on PROD1PC64 with BILLS
2 

•HR 5219 IH

1 ‘‘CHAPTER 60—INSPECTOR GENERAL FOR 

2 THE JUDICIAL BRANCH 

‘‘1021. Establishment. 

‘‘1022. Appointment of Inspector General. 

‘‘1023. Duties. 

‘‘1024. Powers. 

‘‘1025. Reports. 

‘‘1026. Whistleblower protection. 

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 (hereinafter in this chapter referred to as the 

7 ‘Office’). 

8 ‘‘§ 1022. Appointment of Inspector General 

9 ‘‘The head of the Office shall be the Inspector Gen10 eral, who shall be appointed by the Chief Justice of the 

11 United States after consultation with the majority and mi12 nority leaders of the Senate and the Speaker and minority 

13 leader of the House of Representatives. 

14 ‘‘§ 1023. Duties 

15 ‘‘With respect to the Judicial Branch, other than the 

16 United States Supreme Court, the Office shall— 

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

19 misconduct in office of judges and proceedings under 

20 chapter 16 of this title, that may require oversight 

21 or other action within the Judicial Branch or by 

22 Congress; 


ycherry on PROD1PC64 with BILLS
3 

•HR 5219 IH

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— 

10 ‘‘(1) to make investigations and reports; 

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

12 any Federal, State, or local governmental agency, or 

13 other entity, or unit thereof, including all informa14 tion kept in the course of business by the Judicial 

15 Conference of the United States, the judicial coun16 cils of circuits, the Administrative Office of the 

17 United States Courts, and the United States Sen18 tencing Commission; 

19 ‘‘(3) to require, by subpoena or otherwise, the 

20 attendance 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; 


ycherry on PROD1PC64 with BILLS
4 

•HR 5219 IH

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

2 an oath, affirmation, or affidavit; 

3 ‘‘(5) to employ such officers and employees, 

4 subject to the provisions of title 5, United States 

5 Code, governing appointments in the competitive 

6 service, and the provisions of chapter 51 and sub7 chapter III of chapter 53 of such title relating to 

8 classification and General Schedule pay rates; 

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

10 3109 of title 5, United States Code, at daily rates 

11 not to exceed the equivalent rate prescribed for 

12 grade GS–18 of the General Schedule by section 

13 5332 of title 5, United States Code; and 

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

15 be provided in advance by appropriations Acts, to 

16 enter into contracts and other arrangements for au17 dits, 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) WHEN TO BE MADE.—The Inspector General 

23 shall— 


ycherry on PROD1PC64 with BILLS
5 

•HR 5219 IH

1 ‘‘(1) make an annual report to the Chief Jus2 tice and to Congress relating to the activities of the 

3 Office; and 

4 ‘‘(2) make prompt reports to the Chief Justice 

5 and to Congress on matters that may require action 

6 by them. 

7 ‘‘(b) SENSITIVE MATTER.—If a report contains sen8 sitive matter, the Inspector General may so indicate and 

9 Congress may receive that report in closed session. 

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

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

12 shall report expeditiously to the Attorney General when13 ever the Inspector General has reasonable grounds to be14 lieve there has been a violation of Federal criminal law. 

15 ‘‘§ 1026. Whistleblower protection 

16 ‘‘(a) IN GENERAL.—No officer, employee, agent, con17 tractor or subcontractor in the Judicial Branch may dis18 charge, demote, threaten, suspend, harass or in any other 

19 manner discriminate against an employee in the terms and 

20 conditions of employment because of any lawful act done 

21 by the employee to provide information, cause information 

22 to be provided, or otherwise assist in an investigation re23 garding any possible violation of Federal law or regulation, 

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


ycherry on PROD1PC64 with BILLS
6 

•HR 5219 IH

1 Judicial Branch, which may assist the Inspector General 

2 in the performance of duties under this chapter. 

3 ‘‘(b) CIVIL ACTION.—An employee injured by a viola4 tion of subsection (a) may, in a civil action, obtain appro5 priate relief.’’. 

6 (b) CLERICAL AMENDMENT.—The table of chapters 

7 for part III of title 28, United States Code, is amended 

8 by adding at the end the following new item: 

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

Æ 


ycherry on PROD1PC64 with BILLS