[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 7706 Introduced in House (IH)]
<DOC>
117th CONGRESS
2d Session
H. R. 7706
To establish judicial ethics.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
May 10, 2022
Ms. Jayapal (for herself, Mr. Nadler, Mr. Carson, Ms. Dean, Ms.
Escobar, Mr. Garcia of Illinois, Mr. Jones, Ms. Norton, Ms. Porter, Ms.
Schakowsky, Mr. Levin of Michigan, Mr. Cohen, Ms. Omar, and Ms. Garcia
of Texas) introduced the following bill; which was referred to the
Committee on the Judiciary, and in addition to the Committees on House
Administration, Oversight and Reform, Rules, Financial Services, and
Agriculture, for a period to be subsequently determined by the Speaker,
in each case for consideration of such provisions as fall within the
jurisdiction of the committee concerned
_______________________________________________________________________
A BILL
To establish judicial ethics.
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 Ethics and Anti-Corruption
Act of 2022''.
SEC. 2. CONFLICTS OF INTEREST RULES FOR JUDGES AND JUSTICES AND
NONCONFLICTED FEDERAL EMPLOYEE INVESTMENT ACCOUNTS.
(a) Required Divestments of Conflicted Assets.--
(1) Stocks and securities.--No judge or justice may own an
interest in or trade (except a divestment required or approved
by the Judicial Conference of the United States) any stock,
bond, commodity, future, and other form of security, including
an interest in a hedge fund, a derivative, option, or other
complex investment vehicle, except nonconflicted assets allowed
under subsection (b).
(2) Commercial real estate.--No judge or justice may
maintain ownership in commercial real estate, unless ownership
of such commercial real estate is necessary for an entity
described in paragraph (4)(C).
(3) Trusts.--
(A) In general.--No judge or justice may maintain a
financial interest in any trust, including a family
trust, if the Judicial Conference of the United States
determines that the trust includes any--
(i) asset that might present a conflict of
interest; or
(ii) stock, bond, commodity, future, and
other form of security, including an interest
in a hedge fund, a derivative, option, or other
complex investment vehicle, except
nonconflicted assets allowed under subsection
(b).
(B) Exception.--Subparagraph (A) shall not apply to
a trust described in section 102(f)(2) of the Ethics in
Government Act of 1978 (5 U.S.C. App.).
(4) Businesses and companies.--
(A) Privately owned or closely held corporation.--
No judge or justice may maintain ownership in a
privately owned or closely held corporation, company,
firm, partnership, or other business enterprise.
(B) Board members.--No judge or justice may serve
on the board of directors of any for-profit entity,
including any corporation, company, firm, partnership,
or other business enterprise.
(C) Exception.--Subparagraphs (A) and (B) shall not
apply to a corporation, company, firm, partnership, or
other business enterprise that has gross receipts for
the previous taxable year of less than $5,000,000.
(b) Nonconflicted Assets.--
(1) In general.--A judge or justice may maintain assets
that do not present a conflict of interest, including--
(A) a widely held investment fund--
(i) described in section 102(f)(8) of the
Ethics in Government Act of 1978 (5 U.S.C.
App.);
(ii) that meets the requirements described
in paragraph (2); and
(iii) that is diversified because the fund
does not have a stated policy of concentrating
the investments of the fund in any industry,
business, single country other than the United
States, or bonds of any single State;
(B) noncommercial real estate, including real
estate used solely as a personal residence;
(C) cash, certificates of deposit, or other forms
of savings accounts;
(D) a federally managed asset, including--
(i) financial interests in or income
derived from--
(I) any retirement system under
title 5, United States Code (including
the Thrift Savings Plan under
subchapter III of chapter 84 of such
title); or
(II) any other retirement system
maintained by the United States for
officers or employees of the United
States, including the President, or for
members of the uniformed services;
(ii) benefits received under the Social
Security Act (42 U.S.C. 301 et seq.); and
(iii) an asset in the Federal Employee
Investment Account described in paragraph (3);
(E) bonds, bills, and notes issued by governmental
sources, such as the Federal Government, State, or
other municipality;
(F) shares of Settlement Common Stock issued under
section 7(g)(1)(A) of the Alaska Native Claims
Settlement Act (43 U.S.C. 1606(g)(1)(A)); and
(G) shares of Settlement Common Stock, as defined
in section 3 of the Alaska Native Claims Settlement Act
(43 U.S.C. 1602).
(2) Widely held investment fund requirements.--A judge or
justice may not maintain a widely held investment fund
described in section 102(f)(8) of the Ethics in Government Act
of 1978 (5 U.S.C. App.), unless--
(A) the widely held investment fund is diversified,
as described in paragraph (1)(A)(iii);
(B) the widely held investment fund does not
present a conflict of interest; and
(C) any instructions to a manager of the widely
held investment fund are shared with the Judicial
Conference of the United States.
(3) Federal employee investment account.--Section 8472 of
title 5, United States Code, is amended--
(A) in subsection (f)--
(i) in paragraph (2), by striking ``and''
at the end;
(ii) in paragraph (3), by striking the
period at the end and inserting a semicolon;
and
(iii) by adding at the end the following:
``(4) not later than 3 years after the date of enactment of
this paragraph, establish Federal Employee Investment Accounts
in the Treasury of the United States accounts for judges and
justices to maintain investments in the stock and securities
markets in which a judge or justice may--
``(A) sell an asset or security, including those
assets or securities that present a conflict of
interest under section 2(a) of the Judicial Ethics and
Anti-Corruption Act of 2022, and invest the resulting
funds into the Federal Employee Investment Accounts;
and
``(B) withdraw funds from their Federal Employee
Investment Account at any time;
``(5) act in the interest of the plan participants and
beneficiaries of Federal Employee Investment Accounts when
making decisions for the purpose of providing benefits to those
participants and beneficiaries;
``(6) establish a new and parallel system for recordkeeping
with respect to Federal Employee Investment Accounts; and
``(7) establish a Federal Employee Investment Fund to fully
cover administrative costs associated with managing Federal
Employee Investment Accounts, which--
``(A) shall be separate from the Thrift Savings
Fund established under section 8437, except with
respect to administrative costs for common resources;
and
``(B) may be used for compensation to pay new
employees, additional resources for information
technology, additional call center capacity, and any
other new capacity to handle the administration of
Federal Employee Investment Accounts.'';
(B) in subsection (g)(1)--
(i) in subparagraph (C), by striking
``and'' at the end;
(ii) by striking the period at the end and
inserting ``; and''; and
(iii) by adding at the end the following:
``(E) promulgate regulations for the administration
of Federal Employee Investment Accounts.''; and
(C) by adding at the end the following:
``(k) Authorization of Appropriations.--There is authorized to be
appropriated such sums as may be necessary to establish and maintain
Federal Employee Investment Accounts established under subsection (f),
including for the purpose of reducing any fees paid by participants in
the Federal Employee Investment Accounts.''.
(c) Civil Fines.--The Attorney General or the Special Counsel may
bring a civil action in the appropriate United States district court
against any judge or justice who engages in conduct constituting a
violation of this section and, upon proof of such conduct by a
preponderance of the evidence, such judge or justice shall be subject
to a civil penalty of not more than $50,000 for each violation. The
imposition of a civil penalty under this subsection does not preclude
any other criminal or civil statutory, common law, or administrative
remedy, which is available by law to the United States or any other
person.
SEC. 3. CLARIFICATION OF GIFT BAN.
(a) In General.--Section 7353 of title 5, United States Code, is
amended--
(1) in subsection (a), in the matter preceding paragraph
(1), by striking ``anything of value'' and inserting ``a
gift''; and
(2) in subsection (d)--
(A) in paragraph (1), by striking ``and'' at the
end;
(B) in paragraph (2), by striking the period at the
end and inserting ``; and''; and
(C) by adding at the end the following:
``(3) the term `gift' means anything of value, including
transportation, travel, lodgings and meals, whether provided
in-kind, by purchase of a ticket, payment in advance, or
reimbursement after the expense has been incurred.''.
(b) Regulations.--The Judicial Conference of the United States
shall promulgate regulations to carry out the amendment made by
subsection (a) with respect to the judicial branch.
SEC. 4. RESTRICT PRIVATELY FUNDED EDUCATIONAL EVENTS AND SPEECHES.
(a) Judicial Education Fund.--
(1) Establishment.--Chapter 42 of title 28, United States
Code, is amended by adding at the end the following:
``Sec. 630. Judicial Education Fund
``(a) Definitions.--In this section--
``(1) the term `Board' means the Board of the Federal
Judicial Center established in section 621;
``(2) the term `Fund' means the Judicial Education Fund
established under subsection (b);
``(3) the term `institution of higher education' has the
meaning given that term under section 101(a) of the Higher
Education Act of 1965 (20 U.S.C. 1001(a));
``(4) the term `national bar association' means a national
organization that is open to general membership to all members
of the bar;
``(5) the term `private judicial seminar'--
``(A) means a seminar, symposia, panel discussion,
course, or a similar event that provides continuing
legal education to judges and justices; and
``(B) does not include--
``(i) seminars that last 1 day or less and
are conducted by, and on the campus of, an
institute of higher education;
``(ii) seminars that last 1 day or less and
are conducted by a national bar association or
State or local bar association for the benefit
of the bar association membership; or
``(iii) seminars of any length conducted
by, and on the campus of an institute of higher
education or by a national bar association or
State or local bar association, where a judge
or justice is a presenter and at which judges
and justices constitute less than 25 percent of
the participants; and
``(6) the term `State or local bar association' means a
State or local organization that is open to general membership
to all members of the bar in the specified geographic region.
``(b) Fund.--There is established within the United States Treasury
a fund to be known as the `Judicial Education Fund'.
``(c) Use of Amounts.--Amounts in the Fund may be made available
for the payment of necessary expenses, including reasonable
expenditures for transportation, food, lodging, private judicial
seminar fees and materials, incurred by a judge or justice in attending
a private judicial seminar approved by the Board. Necessary expenses
shall not include expenditures for recreational activities or
entertainment other than that provided to all attendees as an integral
part of the private judicial seminar. Any payment from the Fund shall
be approved by the Board.
``(d) Required Information.--The Board may approve a private
judicial seminar after submission of information by the sponsor of that
private judicial seminar that includes--
``(1) the content of the private judicial seminar
(including a list of presenters, topics, and course materials);
and
``(2) the litigation activities of the sponsor (including
any amicus briefs submitted by the sponsor) and the presenters
at the private judicial seminar (including the litigation
activities of the employer of each presenter) on the topic
related to those addressed at the private judicial seminar.
``(e) Public Availability.--If the Board approves a private
judicial seminar, the Board shall make the information submitted under
subsection (d) relating to the private judicial seminar available to
judges, justices, and the public by posting the information online.
``(f) Guidelines.--The Judicial Conference shall promulgate
guidelines to ensure that the Board only approves private judicial
seminars that are conducted in a manner so as to maintain the public's
confidence in an unbiased and fair-minded judiciary.
``(g) Authorization of Appropriations.--There are authorized to be
appropriated for deposit in the Fund $3,000,000 for each of fiscal
years 2022, 2023, and 2024, to remain available until expended.''.
(2) Technical and conforming amendment.--The table of
sections for chapter 42 of title 28, United States Code, is
amended by adding at the end the following:
``630. Judicial Education Fund.''.
(b) Private Judicial Seminar Gifts Prohibited.--
(1) Definitions.--In this subsection--
(A) the term ``gift'' has the meaning given that
term under section 7353 of title 5, United States Code,
as amended by section 3;
(B) the term ``institution of higher education''
has the meaning given that term under section 101(a) of
the Higher Education Act of 1965 (20 U.S.C. 1001(a));
and
(C) the terms ``national bar association'',
``private judicial seminar'', and ``State or local bar
association'' have the meanings given those terms under
section 630 of title 28, United States Code, as added
by subsection (a).
(2) Regulations.--Not later than 180 days after the date of
enactment of this Act, the Judicial Conference of the United
States shall promulgate regulations to apply section 7353(a) of
title 5, United States Code, to prohibit the solicitation or
acceptance of a gift in connection with a private judicial
seminar.
(3) Exception.--The prohibition under the regulations
promulgated under paragraph (2) shall not apply if--
(A) the judge or justice participates in a private
judicial seminar as a speaker, panel participant, or
otherwise presents information;
(B) Federal judges and justices are not the primary
audience at the private judicial seminar; and
(C) the gift accepted is--
(i) reimbursement from the private judicial
seminar sponsor of reasonable transportation,
food, or lodging expenses on any day on which
the judge or justice speaks, participates, or
presents information, as applicable;
(ii) attendance at the private judicial
seminar on any day on which the judge or
justice speaks, participates, or presents
information, as applicable; or
(iii) anything excluded from the definition
of a gift under regulations of the Judicial
Conference of the United States under sections
7351 and 7353 of title 5, United States Code,
as in effect on the date of enactment of this
Act.
SEC. 5. CODE OF CONDUCT.
(a) Sense of Congress.--It is the sense of Congress that in order
for justices and judges, both of the supreme and inferior courts, to
hold their offices during ``good behaviour'' under section 1 of article
III of the Constitution of the United States, the judges and justices
shall, among other requirements, adhere to the Code of Conduct for
United States Judges adopted by the Judicial Conference of the United
States described in this section.
(b) Applicability.--The Code of Conduct for United States Judges
adopted by the Judicial Conference of the United States shall apply to
the justices of the Supreme Court of the United States to the same
extent as such Code applies to circuit and district judges.
(c) Enforcement.--The Judicial Conference shall establish
procedures, modeled after the procedures set forth in chapter 16 of
title 28, United States Code, under which--
(1) complaints alleging that a justice of the Supreme Court
of the United States has violated the Code of Conduct referred
to in subsection (a) may be filed with or identified by the
Conference;
(2) such material, nonfrivolous complaints and any
accompanying material are immediately referred to the Supreme
Court Review Committee established in section 10; and
(3) further action, where appropriate, is taken by the
Conference, with respect to such complaints.
(d) Submission to Congress; Effective Date.--
(1) Submission to congress.--Not later than 180 days after
the date of enactment of this Act, the Judicial Conference
shall submit to Congress the procedures established under
subsection (b).
(2) Effective date.--The procedures established under
subsection (b) shall take effect 1 year after the date of
enactment of this Act.
SEC. 6. IMPROVING DISCLOSURE.
(a) Recusal Decisions.--Section 455 of title 28, United States
Code, is amended by adding at the end the following:
``(g) Recusal Lists.--
``(1) Each justice, judge, and magistrate judge of the
United States shall maintain and submit to the Judicial
Conference a list of each association or interest that would
require the justice, judge, or magistrate to be recused under
subsection (b)(4), including any financial interests of the
judge, the spouse of the judge, or any minor child of the judge
residing in the household of the judge.
``(2) The Judicial Conference shall maintain and make
publicly available online, at no cost, each list required under
this subsection that is filed with the Judicial Conference in a
format that is searchable, sortable, machine-readable,
downloadable, and accessible format, and accessible in multiple
languages and to individuals with disabilities.
``(3) The Judicial Conference may issue public or private
guidance to justices, judges, and magistrate judges of the
United States regarding the contents of the lists under this
subsection to ensure such lists comply with the
disqualification requirements of (b)(4).''.
(b) Speeches.--
(1) In general.--Each justice, judge, and magistrate judge
of the United States shall maintain and submit to the Judicial
Conference of the United States a copy of each speech or other
significant oral communication made by the justice, judge, or
magistrate.
(2) Availability.--The Judicial Conference of the United
States shall maintain and make each speech or other significant
oral communication submitted under paragraph (1) available to
the public in printed form, upon request, and online, at no
cost, in a format that is searchable, sortable, machine-
readable, downloadable, and accessible in multiple languages
and to individuals with disabilities.
(3) Regulations.--Not later than 180 days after the date of
enactment of this Act, the Judicial Conference of the United
States shall promulgate regulations regarding the types of oral
communications that are required to be maintained, submitted,
and made publicly available under this subsection.
(c) Livestreaming Judicial Proceedings.--
(1) Definition.--In this section, the term ``appellate
court of the United States'' means any United States circuit
court of appeals and the Supreme Court of the United States.
(2) Streaming of court proceedings.--In accordance with
procedures established by the Judicial Conference of the United
States, the audio of each open session conducted by an
appellate court of the United States shall be made available
online contemporaneously with the session, unless the appellate
court of the United States, by a majority vote, determines that
making audio of the session available online would violate the
constitutional rights or threaten the safety of any party to
the proceeding.
(d) Publicizing Case Assignment Information.--
(1) In general.--Not later than 180 days after the date of
enactment of this Act, the Judicial Conference of the United
States shall promulgate regulations requiring each court of the
United States to make case assignment data available to the
public online, at no cost, in a format that is searchable,
sortable, machine-readable, downloadable, and accessible in
multiple languages and to individuals with disabilities.
(2) Contents.--The case assignment data made available
under paragraph (1) shall include, at a minimum, and to the
extent available, the case title, docket number, case origin,
filing date, and name of each authoring judge, concurring
judge, and dissenting judge for each opinion issued in the
case.
(e) Making Websites User-Friendly.--Not later than 180 days after
the date of enactment of this Act, the Judicial Conference of the
United States shall promulgate regulations requiring an evaluation of,
and improvements to, the website of each district court of the United
States to ensure the website is easy to understand, including that it
is clear how to file a complaint relating to a judge or an employee of
the district court.
(f) Accessibility.--The Judicial Conference shall make efforts to
ensure that any disclosures required under this section are made
available to the public in plain language, in a variety of languages,
and accessible to individuals with disabilities.
SEC. 7. OVERSIGHT PROCESS FOR DISQUALIFICATION OF JUSTICE, JUDGE, OR
MAGISTRATE JUDGE.
Section 455 of title 28, United States Code, as amended by section
6 of this Act, is amended by adding at the end the following:
``(h)(1) Any litigant appearing before a justice, judge, or
magistrate judge of the United States may file a petition that the
justice, judge, or magistrate judge of the United States, as
applicable, shall be disqualified based on the criteria described in
subsection (b).
``(2)(A) Any judge or magistrate judge of the United States subject
to a petition under paragraph (1) may provide a public, written
response to the petition that provides a written explanation relating
to any disqualification decision.
``(B) Any justice of the Supreme Court of the United States subject
to a petition under paragraph (1) shall provide a public, written
response to the petition that provides a written explanation relating
to any disqualification decision.
``(3) If a litigant makes a petition under paragraph (1) relating
to a justice of the Supreme Court of the United States, the Judicial
Conference of the United States shall issue a nonbinding, public
advisory opinion with its recommendation, which shall be shared with
the Supreme Court Review Committee established in section 10 of the
Judicial Ethics and Anti-Corruption Act of 2022.
``(4) If the Judicial Conference of the United States recommends
that a justice of the Supreme Court of the United States be
disqualified under this section, the justice shall publicly explain a
final disqualification decision in writing, which shall be shared with
the Supreme Court Review Committee established in section 10 of the
Judicial Ethics and Anti-Corruption Act of 2022.
``(5)(A) For any judge or magistrate judge of the United States,
the Judicial Conference of the United States shall--
``(B) establish a written process to determine whether a judge
meets 1 or more of the criteria in subsection (b);
``(C) use any administrative procedures which may be necessary to
aid in the execution of the written process described in subparagraph
(B), which may include any procedures or software that may be necessary
to determine whether a judge meets 1 or more of the criteria in
subsection (b); and
``(D) the process described in subparagraph (B) shall be made
publicly available and, at a minimum--
``(i) include how an individual may make a petition under
paragraph (1) for a judge to be disqualified;
``(ii) ensure that a judge or group of judges other than
the judge who is the subject of the inquiry determines whether
the judge shall be disqualified;
``(iii) allow the judge or group of judges making the
disqualification determination to receive the expert advice of
ethics personnel and officials, including individuals with
expertise in ethics at the Judicial Conference;
``(iv) require that the judge be disqualified should
another judge or group of judges determine that the judge must
be disqualified in accordance with this subsection; and
``(v) require that all recusal decisions be made publicly
available and be accompanied by a written explanation for the
recusal decision.''.
SEC. 8. COMPLAINTS AGAINST RETIRED JUDGES AND JUDICIAL DISCIPLINE.
(a) Complaints.--Section 351(d) of title 28, United States Code, is
amended--
(1) by striking paragraph (1) and inserting the following:
``(1) the term `judge'--
``(A) means a circuit judge, district judge,
bankruptcy judge, or magistrate judge; and
``(B) includes a retired judge described in
subparagraph (A);'';
(2) in paragraph (2), by striking the period at the end and
inserting ``; and''; and
(3) by adding at the end the following:
``(3) the term `retired judge' means any judge of the
United States who has retired from regular active service under
section 371(b) or 372(a).''.
(b) Review of Complaint by Chief Judge.--Section 352 of title 28,
United States Code, is amended by adding at the end the following:
``(e) Definition.--In this section, the term `intervening events'
does not include the retirement of the judge whose conduct is
complained of or the nomination or confirmation of the judge to the
Supreme Court of the United States.''.
SEC. 9. ACTION BY JUDICIAL COUNCIL IN RESPONSE TO MISCONDUCT BY JUDGES.
Section 354 of title 28, United States Code, is amended--
(1) in subsection (a)(2), by adding at the end the
following:
``(D) Retired judges.--If the conduct of a retired
judge is the subject of the complaint, action by the
judicial council under paragraph (1)(C) may include--
``(i) censuring or reprimanding the judge
by means of public announcement; and
``(ii) reducing or rescinding the nonvested
pension benefits of the retired judge.
``(E) Remedial actions for certain conduct.--
``(i) Definition.--In this subparagraph,
the term `covered judge' does not include a
retired judge.
``(ii) Conduct.--If the conduct of a
covered judge is the subject of the complaint,
action by the judicial council under paragraph
(1)(C) may include mandating that the covered
judge participate in professional counseling,
treatment, education, or mentoring to address
the misconduct at issue.''; and
(2) by adding at the end the following:
``(c) Report.--
``(1) Submission to judicial conference of the united
states.--Each chief judge of the circuit shall submit to the
Judicial Conference of the United States an annual report on,
with respect to the previous year--
``(A) the number of complaints filed under section
351 against judges in the circuit; and
``(B) the outcome of the complaints described in
subparagraph (A).
``(2) Submission to congress.--The Judicial Conference of
the United States shall submit to the Committee on the
Judiciary of the Senate and the Committee on the Judiciary of
the House of Representatives each report submitted under
paragraph (1).
``(3) Public availability.--No later than 30 days after
submitting to Congress each report under paragraph (1), the
Judicial Conference of the United States shall make the report
available to the public.''.
SEC. 10. SUPREME COURT COMPLAINTS REVIEW COMMITTEE.
(a) Definitions.--In this section:
(1) Review committee.--The term ``Review Committee'' means
the Supreme Court Complaints Review Committee.
(2) Close family member.--The term ``close family member''
includes--
(A) a parent of the reporting individual;
(B) a spouse of the reporting individual; and
(C) an adult child of the reporting individual.
(b) Establishment.--For the purpose of assisting the House of
Representatives in carrying out its responsibilities under section 2 of
article I and section 4 of article II of the Constitution of the United
States, there is established in the legislative branch to be known as
the Supreme Court Complaints Review Committee under the general
supervision of the Committee on the Judiciary of the House of
Representatives.
(c) Members.--
(1) In general.--The Review Committee shall consist of 5
members, of whom--
(A) 2 shall be appointed by the Speaker of the
House of Representatives;
(B) 2 shall be appointed by the minority leader of
the House of Representatives; and
(C) 1 shall be appointed by agreement of the
Speaker of the House of Representatives and the
minority leader of the House of Representatives.
(2) Qualifications of review committee members.--
(A) Expertise.--Each member of the Review Committee
shall be an individual of exceptional public standing
who is specifically qualified to serve on the Review
Committee by virtue of the individual's education,
training, or experience in 1 or more of the following
fields:
(i) Constitutional law.
(ii) Impeachment.
(iii) Judicial ethics.
(iv) Professional ethics.
(v) Legal history.
(vi) Judicial service.
(B) Selection basis.--Selection and appointment of
each member of the Review Committee shall be without
regard to political affiliation and solely on the basis
of fitness to perform the duties of a member of the
Review Committee.
(C) Citizenship.--Each member of the Review
Committee shall be a United States citizen.
(D) Disqualifications.--No individual shall be
eligible for appointment to, or service on, the Review
Committee who--
(i) has ever been registered, or required
to be registered, as a lobbyist under the
Lobbying Disclosure Act of 1995 (2 U.S.C. 1601
et seq.);
(ii) engages in, or is otherwise employed
in, lobbying of the Congress;
(iii) is registered or is required to be
registered as an agent of a foreign principal
under the Foreign Agents Registration Act of
1938 (22 U.S.C. 611 et seq.);
(iv) is a currently serving judge, justice,
or employee of the Federal courts;
(v) is an officer or employee of the
Federal Government;
(vi) is a close family member of any judge
or justice of the Federal courts;
(vii) during the 4 years preceding the date
of appointment, engaged in any significant
political activity (including being a candidate
for public office, fundraising for a candidate
for public office or a political party, or
serving as an officer or employee of a
political campaign or party);
(viii) during the 2 years preceding the
date of appointment, served as a fiduciary or
personal attorney for a judge, justice, or
employee of the Federal courts, including any
judge or justice; or
(ix) any currently serving Senator or
Representative in, or Delegate or Resident
Commissioner to, the Congress.
(3) Term and removal.--
(A) Length of term.--The term of a member of the
Review Committee shall be for 2 Congresses.
(B) Term limits.--A member of the Review Committee
may not serve during 4 consecutive Congresses.
(C) Removal.--A member of the Review Committee may
be removed upon unanimous agreement among the Speaker
and the minority leader of the House of Representatives
or by an affirmative vote of \2/3\ of the members of
the Committee on the Judiciary of the House of
Representatives.
(D) Vacancies.--Any vacancy on the Review Committee
shall be filled for the unexpired portion of the term
in the same manner, and by the same appointing
authority, as the original appointment under paragraph
(2).
(d) Chairperson and Vice-Chairperson.--
(1) In general.--The members of the Review Committee shall
elect a chairperson and a vice-chairperson of the Review
Committee by a majority vote. The chairperson and the vice-
chairperson shall serve a 1-year term, and may be reelected for
additional 1-year terms.
(2) Duties.--The chairperson of the Review Committee shall
preside at the meetings of the Review Committee, and the vice-
chairperson shall preside in the absence or disability of the
chairperson.
(e) Meetings.--
(1) Quorum.--A majority of the members of the Review
Committee shall constitute a quorum.
(2) Meetings.--The Review Committee shall meet at the call
of the chairperson, the chair of the Committee on the Judiciary
of the House of Representatives, or the call of a majority of
its members, pursuant to the rules of the Review Committee.
(3) Voting.--Except as otherwise specifically provided, a
majority vote of the Review Committee under this subtitle shall
require an affirmative vote of 3 or more members.
(f) Compensation.--A member of the Review Committee shall not be
considered to be an officer or employee of the House or Senate, but
shall be compensated at a rate equal to the daily equivalent of the
minimum annual rate of basic pay prescribed for GS-15 of the General
Schedule under section 5107 of title 5, United States Code, for each
day (including travel time) during which such member is engaged in the
performance of the duties of the Review Committee.
(g) Duties of Review Committee.--
(1) In general.--The Review Committee shall review each
complaint made against the Chief Justice of the United States
or a Justice of the Supreme Court of the United States through
the review process described in subsection (m).
(2) Hearings.--The Review Committee may hold such hearings
as are necessary and may sit and act only in executive session
at such times and places, solicit such testimony, and receive
such relevant evidence, as may be necessary to carry out its
duties.
(h) Financial Disclosure Reports.--
(1) In general.--Each member of the Review Committee shall
file an annual financial disclosure report with the Clerk of
the House of Representatives on or before May 15 of each
calendar year immediately following any year in which the
member served on the Review Committee. Each such report shall
be on a form prepared by the Clerk that is substantially
similar to the form required for individuals at the executive
branch who must complete a confidential financial disclosure
report under section 102 of the Ethics in Government Act of
1978 (5 U.S.C. App.).
(2) Distribution of report.--The Clerk of the House of
Representatives shall--
(A) not later than 7 days after the date each
financial disclosure report under paragraph (1) is
filed, send a copy of each such report to the Committee
on the Judiciary of the House of Representatives; and
(B) annually print all such financial disclosure
reports as a document of Congress, and make the
document available to the public.
(i) Duties and Powers of the Review Committee.--
(1) In general.--The Review Committee is authorized--
(A) to establish a process for receiving and
reviewing complaints from any person regarding
allegations of misconduct by a justice of the Supreme
Court of the United States;
(B) to conduct a review of material complaints
regarding alleged misconduct by a justice of the
Supreme Court of the United States; and
(C) in any case where the Review Committee
determines, on the basis of the review described in
subsection (m), that a justice may have engaged in
conduct which might violate the Code of Conduct for
United States Judges adopted by the Judicial Conference
of the United States or constitute 1 or more grounds
for impeachment under article II of the Constitution of
the United States, or which, in the interest of
justice, is not amenable to resolution by the Review
Committee, the Review Committee shall promptly certify
such determination, together with any complaint and a
record of any associated proceedings to the Committee
on the Judiciary of the House of Representatives.
(2) Referrals to law enforcement officials.--
(A) In general.--Upon a majority vote of the Review
Committee, the Review Committee may refer potential
legal violations committed by a justice to the
Department of Justice or other relevant Federal or
State law enforcement officials, which referral shall
include all appropriate evidence gathered during any
review or preliminary investigation conducted under
this subtitle.
(B) Notification.--The Review Committee shall
notify the Committee on the Judiciary of the Senate and
the Committee on the Judiciary of the House of
Representatives of all referrals under this subsection.
(3) Limitations on review.--No review may be undertaken by
the Review Committee of any complaint--
(A) that is primarily concerned with challenging
the merits of a decision or procedural ruling;
(B) that is frivolous, lacking sufficient evidence
to raise an inference that misconduct has occurred, or
containing allegations that are incapable of being
established through investigation;
(C) concerning any alleged violation of law, rule,
regulation or standard of conduct not in effect at the
time of the alleged violation; or
(D) concerning any alleged violation that occurred
before the date of enactment of this Act.
(j) Prohibition on Public Disclosure.--
(1) In general.--
(A) Prohibition on public disclosure.--No
information obtained by a member or employee of the
Review Committee regarding complaints shall be publicly
disclosed to any person or entity outside the Review
Committee, unless approved by a majority vote of the
Review Committee. Any communication to any person or
entity outside the Review Committee may occur only as
authorized by the Review Committee.
(B) Procedures and investigation.--The Review
Committee shall establish, in consultation with
relevant agencies, procedures necessary to prevent the
unauthorized disclosure of any information received by
the Review Committee. Any breaches of confidentiality
shall be investigated by the Review Committee and
appropriate action shall be taken, which may include a
recommendation to Congress for removal pursuant to
subsection (c)(3)(C).
(2) Provision with respect to house and senate judiciary
committees.--Paragraph (1) shall not preclude--
(A) any member or employee of the Review Committee
from presenting a report or findings of the Committee,
or testifying before the Committee on the Judiciary of
the House of Representatives, if requested by the
Committee on the Judiciary of the House of
Representatives pursuant to its rules;
(B) any necessary communication with the Department
of Justice or any other law enforcement agency; or
(C) any necessary communication with the Speaker or
minority leader of the House of Representatives or the
majority leader or minority leader of the Senate.
(3) Opportunity to present.--Before the Review Committee
votes on a recommendation or statement to be transmitted to the
Committee on the Judiciary of the House of Representatives
relating to a complaint involving a justice, the Review
Committee shall provide the justice whose conduct is the
subject of the complaint the opportunity to present, orally or
in writing (at the discretion of the justice), a statement to
the Review Committee.
(k) Presentation of Reports to the House Judiciary Committee.--
Whenever the Review Committee transmits any report to the Committee on
the Judiciary of the House of Representatives relating to a complaint
involving a justice, the Review Committee shall designate a member or
employee of the Review Committee to present the report to the House
Judiciary Committee if requested by the Committee on the Judiciary of
the House of Representatives.
(l) Maintaining of Financial Disclosure Reports.--The Review
Committee shall receive, and maintain, a copy of each report filed
under section 101 of the Ethics in Government Act of 1978 (5 U.S.C.
App.) by a justice of the Supreme Court of the United States.
(m) Complaints.--
(1) Source of complaints.--Any person, including a judge,
justice, or employee of the courts of the United States, may
file with the Review Committee a complaint alleging a violation
by a justice of any law (including any regulation), rule, or
other standard of conduct, including the Code of Conduct for
United States Judges adopted by the Judicial Conference of the
United States, applicable to the conduct of such justice in the
performance of the duties, or the discharge of the
responsibilities, of the justice.
(2) False claims and statements acknowledgment.--Any
complaint submission under paragraph (1) shall include a signed
statement acknowledging that the person submitting the
allegation or information understands that section 1001 of
title 18, United States Code (popularly known as the ``False
Statements Act'') applies to the information.
(3) Review process of alleged violations by a justice.--
(A) Review authorization.--
(i) In general.--After receiving a
complaint under paragraph (1), the Review
Committee may, by majority vote, authorize a
review under subparagraph (B) of any alleged
violation by a justice of any law (including
any regulation), rule, or other standard of
conduct, including the Code of Conduct for
United States Judges adopted by the Judicial
Conference of the United States, applicable to
the conduct of such justice in the performance
of the duties, or the discharge of the
responsibilities, of the justice.
(ii) Requirements.--The authorization under
clause (i) shall--
(I) be in writing; and
(II) include a brief description of
the specific matter and an explanation
of why allegations in complaint meet
the criteria in subsection (i)(3).
(B) Review process.--
(i) Initiation and notification of
review.--After the date on which the Review
Committee makes an authorization under
subparagraph (A), the Review Committee shall--
(I) initiate a review of the
alleged violation; and
(II) provide a written notification
of the commencement of the review,
including a statement of the nature of
the review, to--
(aa) the Committee on the
Judiciary of the Senate and the
Committee on the Judiciary of
the House of Representatives;
and
(bb) the justice who is the
subject of the review.
(ii) Opportunity to terminate review.--At
any time, the Review Committee may, by a
majority vote, terminate a review on any
ground, including that the matter under review
is de minimis in nature. If the Review
Committee votes to terminate the review, the
Committee shall--
(I) notify, in writing, the
complainant, the justice who was the
subject of the review, the Committee on
the Judiciary of the Senate, and the
Committee on the Judiciary of the House
of Representatives of its decision to
terminate the review of the matter; and
(II) send a report, including any
findings of the Review Committee, to
the Committee on the Judiciary of the
Senate and the Committee on the
Judiciary of the House of
Representatives.
(C) Scope of review.--During a review, the Review
Committee shall evaluate the complaint and determine,
based on a majority vote, whether the misconduct
alleged in the complaint, if true, may constitute
``Treason, Bribery, and other high Crimes and
Misdemeanors'' under section 4 of article II of the
Constitution of the United States.
(D) Completion of review.--Upon the completion of
any review, the Review Committee shall--
(i) transmit to the Committee on the
Judiciary of the House of Representatives a
written report that includes--
(I) a statement of the nature of
the review and the justice who is the
subject of the review;
(II) the Review Committee's
determination under paragraph (3);
(III) a description of the number
of members voting in the affirmative
and in the negative for the
determination under subparagraph (C);
(IV) any relevant findings of the
Review Committee, including--
(aa) any findings of fact;
(bb) a description of any
relevant information that the
Review Committee was unable to
obtain or witnesses whom the
Review Committee was unable to
interview, and the reasons
therefor; and
(cc) a citation of any
relevant law, regulation, or
standard of conduct relating to
the alleged misconduct;
(V) any supporting documentation;
(VI) a written determination of
whether the misconduct alleged in the
complaint, if true, may constitute
``Treason, Bribery, and other high
Crimes and Misdemeanors'' under section
4 of article II of the Constitution of
the United States; and
(VII) if necessary, a brief
statement of dissent from the members
of the Review Committee voting in the
negative for the determination under
subparagraph (C); and
(ii) transmit to the complainant and the
justice who is the subject of the review the
written report of the Review Committee
described in clause (i).
(n) House Judiciary Committee Consideration of Review Committee
Report.--If the Review Committee determines, after a review, that
misconduct alleged in a complaint, if true, may constitute ``Treason,
Bribery, and other high Crimes and Misdemeanors'' under section 4 of
article II of the Constitution of the United States, not later than 30
legislative days of continuous session in the House of Representatives
after the Committee on the Judiciary of the House of Representatives
receives a report under subsection (m), the Committee on the Judiciary
of the House of Representatives shall vote on whether to proceed with
an investigation or an impeachment inquiry.
(o) Request From House Judiciary Committee.--
(1) In general.--Notwithstanding any other provision of
this section, upon receipt of a written request from the
Committee on the Judiciary of the House of Representatives that
the Review Committee cease its review of any matter and refer
such matter to the Committee on the Judiciary of the House of
Representatives because of the ongoing investigation of the
matter by the Committee on the Judiciary of the House of
Representatives, the Review Committee shall refer such matter
to the Committee on the Judiciary of the House of
Representatives, cease its review of that matter and so notify
any justice who is the subject of the review.
(2) Resumption of review.--If the Committee on the
Judiciary of the House of Representatives notifies the Review
Committee in writing that the Review Committee may continue its
review of the complaint, the Review Committee may begin or
continue, as the case may be, a review of the matter.
(3) Rule of construction.--Nothing in this subsection shall
be construed to prevent the Review Committee from sending any
information regarding the matter to law enforcement agencies.
(p) Procedures.--
(1) Review powers.--Members or employees of the Review
Committee may, during a review--
(A) administer to or take from any person an oath,
affirmation, or affidavit;
(B) 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;
(C) take the deposition of witnesses; and
(D) submit to the chair of the Committee on the
Judiciary of the House of Representatives a request for
the Committee on the Judiciary of the House of
Representatives to require by subpoena the attendance
of and testimony by witnesses and the production of any
book, check, canceled check, correspondence,
communication, document, email, paper, physical
evidence, record, recording, tape, or other material
(including electronic records) relating to any matter
or question the Review Committee is authorized to
review from any individual or entity, which--
(i) shall be handled in accordance with the
rules of the Committee on the Judiciary of the
House of Representatives; and
(ii) may allow for the transmission of
information or testimony between the Review
Committee and the Committee on the Judiciary of
the House of Representatives, in accordance
with rules of the Committee on the Judiciary of
the House of Representatives.
(2) Prohibition of ex parte communications.--There shall be
no ex parte communications between any member or employee of
the Review Committee and any justice who is the subject of any
review by the Review Committee or between any member of the
Review Committee and any interested party.
(3) Other review committee rules and procedures.--The
Review Committee is authorized to establish any additional
rules or procedures pursuant to its duties and powers in
paragraph (1) necessary to carry out the functions of the
Review Committee in accordance with this section.
(q) Personnel Matters.--
(1) Appointment and compensation of employees.--The Review
Committee may appoint and fix the compensation of such
professional, nonpartisan staff (including staff with relevant
experience in investigations and law enforcement) of the Review
Committee as it considers necessary to perform its duties,
who--
(A) shall perform all official duties in a
nonpartisan manner; and
(B) may not engage in any partisan political
activity directly affecting any congressional or
presidential election, or any nomination of a Federal
judge or justice.
(2) Qualifications.--Each employee of the Review Committee
shall be professional and demonstrably qualified for the
position for which the employee is hired.
(3) Termination of employees.--The employment of an
employee of the Review Committee may be terminated at any time
by the Review Committee.
(4) Code of conduct.--The Review Committee shall establish
a code of conduct to govern the behavior of the members or
employees of the Review Committee, which shall include the
avoidance of conflicts of interest.
(r) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section such sums as may be necessary.
SEC. 11. EXPEDITED IMPEACHMENT OF FEDERAL JUDGES.
Section 355(b) of title 28, United States Code, is amended by
adding at the end the following:
``(3) Expedited impeachment.--
``(A) In general.--After the Judicial Conference
transmits the determination and the record of
proceedings under paragraph (1) or (2) to the House of
Representatives, the determination and record shall be
immediately referred to the Committee on the Judiciary
of the House of Representatives.
``(B) Vote.--Not later than 30 legislative days of
continuous session in the House of Representatives
after the Committee on the Judiciary of the House of
Representatives receives the determination and the
record of proceedings under subparagraph (A), the
Committee on the Judiciary of the House of
Representatives shall vote on whether to proceed with
an investigation or an impeachment inquiry.''.
SEC. 12. RESTRICTIONS ON PROTECTIVE ORDERS AND SEALING OF CASES AND
SETTLEMENTS.
(a) In General.--Chapter 111 of title 28, United States Code, is
amended by adding at the end the following:
``Sec. 1660. Restrictions on protective orders and sealing of cases and
settlements
``(a) Restrictions on Orders Relating to the Disclosure of
Information.--
``(1) In general.--In any civil action in which the
pleadings state facts that are relevant to the protection of
public health or safety, a court shall not enter, by
stipulation or otherwise, an order otherwise authorized under
rule 26(c) of the Federal Rules of Civil Procedure restricting
the disclosure of information obtained through discovery, an
order otherwise authorized approving a settlement agreement
that would restrict the disclosure of information obtained
through discovery, or an order otherwise authorized restricting
access to court records unless in connection with the order the
court finds--
``(A) that the order would not restrict the
disclosure of information which is relevant to the
protection of public health or safety; or
``(B) that--
``(i) the public interest in the disclosure
of past, present, or potential public health or
safety hazards is outweighed by a specific and
substantial interest in maintaining the
confidentiality of the information or records
in question; and
``(ii) the requested order is no broader
than necessary to protect the confidentiality
interest asserted.
``(2) Limit on effect.--No order entered in accordance with
paragraph (1), other than an order approving a settlement
agreement, may continue in effect after the entry of final
judgment unless at the time of, or after, the entry of the
order the court makes a separate finding of fact that the
requirements of paragraph (1) continue to be met.
``(3) Rule of construction.--Nothing in paragraph (1) shall
be construed to require the disclosure of the identity of
individuals who disclose evidence of a violation of any law,
rule, or regulation or other fraud, waste, abuse, or misconduct
or other persons protected from disclosure under Federal law.
``(b) Restrictions on Enforcement Relating to Federal and State
Agencies.--In any civil action in which the pleadings state facts that
are relevant to the protection of public health or safety, a court
shall not enforce any provision of an agreement between or among
parties to the civil action, or enforce an order entered in accordance
with subsection (a)(1), to the extent that the provision or order
prohibits or otherwise restricts a party from disclosing any
information relevant to the civil action to any Federal or State agency
with authority to enforce laws regulating an activity relating to the
information.
``(c) Limits on Scope.--
``(1) In general.--Subject to paragraph (2), a court shall
not enforce any provision of a settlement agreement between or
among parties to any civil action in which the pleadings state
facts that are relevant to the protection of public health or
safety that prohibits one or more parties from--
``(A) disclosing the fact that the settlement was
reached or the terms of the settlement (excluding any
money paid) that involve matters relevant to the
protection of public health or safety; or
``(B) discussing matters relevant to the protection
of public health or safety involved in the civil
action.
``(2) Exception.--Paragraph (1) applies unless the court
finds that--
``(A) the public interest in the disclosure of
past, present, or potential public health or safety
hazards is outweighed by a specific and substantial
interest in maintaining the confidentiality of the
information in question; and
``(B) the requested order is no broader than
necessary to protect the confidentiality interest
asserted.
``(d) Rebuttable Presumption Relating to Personally Identifiable
Information.--For purposes of implementing subsections (a)(1)(B)(i) and
(c)(2)(A), when weighing the interest in maintaining confidentiality
under this section, there shall be a rebuttable presumption that the
interest in protecting personally identifiable information of an
individual outweighs the public interest in disclosure.
``(e) Rule of Construction.--Nothing in this section shall be
construed to permit, require, or authorize the disclosure of classified
information (as defined under section 1 of the Classified Information
Procedures Act (18 U.S.C. App.)).''.
(b) Technical and Conforming Amendment.--The table of sections for
chapter 111 of title 28, United States Code, is amended by adding after
the item relating to section 1659 the following:
``1660. Restrictions on protective orders and sealing of cases and
settlements.''.
(c) Effective Date.--The amendments made by this section shall--
(1) take effect 30 days after the date of enactment of this
Act; and
(2) apply only to orders entered in civil actions or
agreements entered into on or after such date.
SEC. 13. JUDICIAL WORKPLACE CLIMATE SURVEYS.
(a) In General.--Chapter 21 of title 28, United States Code, is
amended by adding at the end the following:
``Sec. 464. Judicial workplace climate surveys
``(a) In General.--The Judicial Conference of the United States
shall administer a climate survey to each employee of a court of the
United States about the work environment of the court, which shall--
``(1) be administered not later than 18 months after the
date of enactment of this section and every 2 years thereafter;
``(2) be voluntary;
``(3) survey respondents on the general work environment,
including attitudes in the workplace regarding diversity and
inclusion and harassment or discrimination on the basis of
race, ethnicity, disability, sex, sexual orientation, and
gender identity; and
``(4) be anonymous and confidential, with notice of the
anonymity and confidentiality made to the respondent throughout
the survey.
``(b) Transmission of Information.--Information obtained in a
survey administered under subsection (a) shall be--
``(1) made publicly available; and
``(2) transmitted to the Committee on the Judiciary of the
Senate and the Committee on the Judiciary of the House of
Representatives, the Chief Justice of the United States, and
the Judicial Conference of the United States.''.
(b) Technical and Conforming Amendment.--The table of sections for
chapter 21 of title 28, United States Code, is amended by adding at the
end the following:
``464. Judicial workplace climate surveys.''.
SEC. 14. SEVERABILITY.
If any provision of this Act, an amendment made by this Act, or the
application of such provision or amendment to any person or
circumstance is held to be unconstitutional, the remainder of this Act
and of the amendments made by this Act, and the application of the
remaining provisions of this Act and amendments to any person or
circumstance, shall not be affected.
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