[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 3385 Introduced in Senate (IS)]

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117th CONGRESS
  1st Session
                                S. 3385

 To amend title 28, United States Code, to require certain disclosures 
                     related to amicus activities.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           December 14, 2021

 Mr. Whitehouse (for himself, Mr. Sanders, Mr. Blumenthal, Ms. Hirono, 
  Ms. Warren, and Mr. Lujan) 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 require certain disclosures 
                     related to amicus activities.

    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 ``Assessing Monetary Influence in the 
Courts of the United States Act'' or the ``AMICUS Act''.

SEC. 2. DISCLOSURES RELATED TO AMICUS ACTIVITIES.

    (a) In General.--Chapter 111 of title 28, United States Code, is 
amended by adding at the end the following:
``Sec. 1660. Disclosures related to amicus activities
    ``(a) Definition.--In this section, the term `covered amicus' means 
any person, including any affiliate of the person, that files an amicus 
brief in a calendar year in the Supreme Court of the United States or a 
courts of appeals of the United States.
    ``(b) Disclosure.--
            ``(1) In general.--Any covered amicus that files an amicus 
        brief in the Supreme Court of the United States or a court of 
        appeals of the United States shall list in the amicus brief the 
        name of any person who--
                    ``(A) contributed to the preparation or submission 
                of the amicus brief;
                    ``(B) contributed not less than 3 percent of the 
                gross annual revenue of the covered amicus for the 
                previous calendar year if the covered amicus is not an 
                individual; or
                    ``(C) contributed more than $100,000 to the covered 
                amicus in the previous calendar year.
            ``(2) Exceptions.--The requirements of this subsection 
        shall not apply to amounts received by a covered amicus 
        described in paragraph (1) in commercial transactions in the 
        ordinary course of any trade or business conducted by the 
        covered amicus or in the form of investments (other than 
        investments by the principal shareholder in a limited liability 
        corporation) in an organization if the amounts are unrelated to 
        the amicus filing activities of the covered amicus.
    ``(c) Audit.--The Comptroller General of the United States shall 
conduct an annual audit to ensure compliance with this section.
    ``(d) Prohibition on Provision of Gifts or Travel by Covered Amici 
to Judges and Justices.--
            ``(1) In general.--Except as provided in paragraph (2), no 
        covered amicus may make a gift or provide travel to a judge of 
        a court of appeals of the United States, the Chief Justice of 
        the United States, or an associate justice of the Supreme Court 
        of the United States.
            ``(2) Reimbursement for travel for appearances at 
        accredited law schools.--Paragraph (1) shall not apply to 
        reimbursement for travel for an appearance at an accredited law 
        school.
    ``(e) Civil Fines.--Whoever knowingly fails to comply with any 
provision of this section shall, upon proof of such knowing violation 
by a preponderance of the evidence, be subject to a civil fine of not 
more than $200,000, depending on the extent and gravity of the 
violation.
    ``(f) Rules of Construction.--
            ``(1) Constitutional rights.--Nothing in this section shall 
        be construed to prohibit or interfere with--
                    ``(A) the right to petition the Government for the 
                redress of grievances;
                    ``(B) the right to express a personal opinion; or
                    ``(C) the right of association, protected by the 
                First Amendment to the Constitution of the United 
                States.
            ``(2) Prohibition of activities.--Nothing in this section 
        shall be construed to prohibit, or to authorize any court to 
        prohibit, amicus activities by any person or entity, regardless 
        of whether such person or entity is in compliance with the 
        requirements of this section.
    ``(g) Severability.--If any provision of this section, or the 
application thereof, is held invalid, the validity of the remainder of 
this section and the application of such provision to other persons and 
circumstances shall not be affected thereby.''.
    (b) Technical and Conforming Amendment.--The table of sections for 
chapter 111 of title 28, United States Code, is amended by adding at 
the end the following:

``1660. Disclosures related to amicus activities.''.
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