[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 926 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 926
To amend title 28, United States Code, to provide for a code of conduct
for justices of the Supreme Court of the United States, and for other
purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
February 9, 2023
Mr. Johnson of Georgia (for himself, Mr. Nadler, Mr. Quigley, and Mr.
Cicilline) 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 a code of conduct
for justices of the Supreme Court of the United States, 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 ``Supreme Court Ethics, Recusal, and
Transparency Act of 2023''.
SEC. 2. CODE OF CONDUCT FOR THE SUPREME COURT OF THE UNITED STATES.
(a) In General.--Chapter 16 of title 28, United States Code, is
amended by adding at the end the following:
``Sec. 365. Codes of conduct
``(a) Justices.--Not later than 180 days after the date of
enactment of this section, the Supreme Court of the United States
shall, after appropriate public notice and opportunity for comment in
accordance with section 2071, issue a code of conduct for the justices
of the Supreme Court.
``(b) Other Judges.--Not later than 180 days after the date of
enactment of this section, the Judicial Conference of the United States
shall, after appropriate public notice and opportunity for comment in
accordance with section 2071, issue a code of conduct for the judges of
the courts of appeals, the district courts (including bankruptcy judges
and magistrate judges), and the Court of International Trade.
``(c) Modification.--The Supreme Court of the United States and the
Judicial Conference may modify the applicable codes of conduct under
this section after giving appropriate public notice and opportunity for
comment in accordance with section 2071.
``Sec. 366. Public access to ethics rules
``The Supreme Court of the United States shall make available on
its internet website, in a full-text, searchable, sortable, and
downloadable format, copies of the code of conduct issued under section
365(a), any rules established by the Counselor to the Chief Justice
under section 677 and any other related rules or resolutions, as
determined by the Chief Justice of the United States, issued by the
Counselor to the Chief Justice of the United States or agreed to by the
justices of the Supreme Court.
``Sec. 367. Complaints against justices
``(a) Receipt of Complaints.--Not later than 180 days after the
date of enactment of this section, the Supreme Court of the United
States shall establish procedures, modeled after the procedures set
forth in sections 351 through 364, under which individuals may file
with the Court, or the Court may identify, complaints alleging that a
justice of the Supreme Court--
``(1) has violated--
``(A) the code of conduct issued pursuant to
section 365(a);
``(B) section 455; or
``(C) any other applicable provision of Federal
law; or
``(2) has otherwise engaged in conduct that undermines the
integrity of the Supreme Court of the United States.
``(b) Judicial Investigation Panel.--
``(1) In general.--Upon receipt or identification of a
complaint under subsection (a), the Supreme Court of the United
States shall refer such complaint to a judicial investigation
panel, which shall be composed of a panel of 5 judges selected
randomly from among the chief judge of each circuit of the
United States.
``(2) Duties.--The judicial investigation panel shall--
``(A) review and, if appropriate as determined by
the panel, investigate all complaints submitted to the
panel using procedures established by the panel and
modeled after the procedures set forth in sections 351
through 364;
``(B) present to the Supreme Court of the United
States any findings and recommendations for necessary
and appropriate action by the Supreme Court, including
dismissal of the complaint, disciplinary actions, or
changes to Supreme Court rules or procedures;
``(C) if the panel does not recommend dismissal of
the complaint, not later than 30 days following the
presentation of any findings and recommendations under
this paragraph, publish a report containing such
findings and recommendations; and
``(D) if the panel recommends dismissal of the
complaint, the panel may publish any findings and
recommendations if the panel determines that such
publication would be in furtherance of the public
interest.
``(3) Powers.--In conducting any investigation under this
section, the judicial investigation panel may hold hearings,
take sworn testimony, issue subpoenas ad testificandum and
subpoenas duces tecum, and make necessary and appropriate
orders in the exercise of its authority.
``(4) Access.--If the judicial investigation panel
determines that a substantially similar complaint was
previously submitted under section 351, but that such
substantially similar complaint was dismissed for lack of
authority to review or act upon such complaint, the panel shall
have access to any information gathered pursuant to this
chapter in relation to such substantially similar complaint.
``(5) Compensation.--The judicial investigation panel may
appoint and fix the compensation of such staff as it deems
necessary.''.
(b) Technical and Conforming Amendment.--The table of sections for
chapter 16 of title 28, United States Code, is amended by adding at the
end the following:
``365. Codes of conduct.
``366. Public access to ethics rules.
``367. Complaints against justices.''.
SEC. 3. MINIMUM GIFT, TRAVEL, AND INCOME DISCLOSURE STANDARDS FOR
JUSTICES OF THE SUPREME COURT.
Section 677 of title 28, United States Code, is amended by adding
at the end the following:
``(d) The Counselor, with the approval of the Chief Justice, shall
establish rules governing the disclosure of all gifts, income, or
reimbursements, as those terms are defined in section 13101 of title 5,
received by any justice and any law clerk to a justice. Such rules
shall, at minimum, require disclosure of any information concerning
gifts, income, and reimbursements required to be disclosed under the
Standing Rules of the Senate and the Rules of the House of
Representatives.''.
SEC. 4. CIRCUMSTANCES REQUIRING DISQUALIFICATION.
(a) Anticorruption Protections.--Subsection (b) of section 455 of
title 28, United States Code, is amended by adding at the end the
following:
``(6) Where the justice or judge knows that a party to the
proceeding or an affiliate of a party to the proceeding made
any lobbying contact, as defined in section 3 of the Lobbying
Disclosure Act of 1995 (2 U.S.C. 1602), or spent substantial
funds in support of the nomination, confirmation, or
appointment of the justice or judge.
``(7) Where the justice or judge, their spouse, minor
child, or a privately held entity owned by any such person
received income, a gift, or reimbursement, as those terms are
defined in section 13101 of title 5--
``(A) from a party to the proceeding or an
affiliate of a party to the proceeding; and
``(B) during the period beginning on the date that
is 6 years before the date on which the justice or
judge was assigned to the proceeding and ending on the
date of final disposition of the proceeding.''.
(b) Duty To Know.--Subsection (c) of section 455 of title 28,
United States Code, is amended to read as follows:
``(c) A justice, judge, magistrate judge, or bankruptcy judge of
the United States shall ascertain--
``(1) the personal and fiduciary financial interests of the
justice or judge;
``(2) the personal financial interests of the spouse and
minor children residing in the household of the justice or
judge; and
``(3) any interest of the persons described in paragraph
(2) that could be substantially affected by the outcome of the
proceeding.''.
(c) Divestment.--Subsection (f) of section 455 of title 28, United
States Code, is amended by inserting ``under subsection (b)(4)'' after
``disqualified''.
(d) Duty To Notify.--Section 455 of title 28, United States Code,
is amended by adding at the end the following:
``(g) If at any time a justice, judge, magistrate judge, or
bankruptcy judge of the United States learns of a condition that could
reasonably require disqualification under this section, the justice or
judge shall immediately notify all parties to the proceeding.''.
(e) Technical and Conforming Amendments.--Section 455 of title 28,
United States Code, as amended by this section, is amended--
(1) in the section heading, by striking ``judge, or
magistrate judge'' and inserting ``judge, magistrate judge, or
bankruptcy judge'';
(2) in subsection (a), by striking ``judge, or magistrate
judge'' and inserting ``judge, magistrate judge, or bankruptcy
judge'';
(3) in subsection (b)--
(A) in paragraph (2), by striking ``the judge or
such lawyer'' and inserting ``the justice, the judge,
or such lawyer'';
(B) in paragraph (5)(iii), by inserting ``justice
or'' before ``judge''; and
(C) in paragraph (5)(iv), by inserting ``justice's
or'' before ``judge's'';
(4) in subsection (c), by inserting ``justice or'' before
``judge'';
(5) in subsection (d)(4)(i), by inserting ``justice or''
before ``judge''; and
(6) in subsection (e), by striking ``judge, or magistrate
judge'' and inserting ``judge, magistrate judge, or bankruptcy
judge of the United States''.
(f) Public Notice.--The rules of each court subject to section 455
of title 28, United States Code, as amended by this section, shall be
amended to require that the clerk shall publish timely notice on the
website of the court of--
(1) any matter in which a justice, judge, magistrate judge,
or bankruptcy judge of the United States is disqualified under
such section;
(2) any matter in which the reviewing panel under section
1660 of title 28, United States Code, rules on a motion to
disqualify; and
(3) an explanation of each reason for the disqualification
or ruling, which shall include a specific identification of
each circumstance that resulted in such disqualification or
ruling, but which shall not include any private or sensitive
information deemed by a majority of the reviewing panel under
section 1660 of title 28, United States Code, as added by
section 5 of this Act, to be appropriate for redaction and
unnecessary in order to provide the litigants and public a full
understanding of the reasons for the disqualification or
ruling.
SEC. 5. REVIEW OF CERTIFIED DISQUALIFICATION MOTIONS.
(a) In General.--Chapter 111 of title 28, United States Code, is
amended by adding at the end the following:
``Sec. 1660. Review of certified motions to disqualify
``(a) Motion for Disqualification.--If a justice, judge, magistrate
judge, or bankruptcy judge of the United States is required to be
disqualified from a proceeding under any provision of Federal law, a
party to the proceeding may file a timely motion for disqualification,
accompanied by a certificate of good faith and an affidavit alleging
facts sufficient to show that disqualification of the justice, judge,
magistrate judge, or bankruptcy judge is so required.
``(b) Consideration of Motion.--A justice, judge, magistrate judge,
or bankruptcy judge of the United States shall either grant or certify
to a reviewing panel a timely motion filed pursuant to subsection (a)
and stay the proceeding until a final determination is made with
respect to the motion.
``(c) Reviewing Panel.--
``(1) In general.--A reviewing panel to which a motion is
certified under subsection (b) shall be composed of 3 judges
selected at random from judges of the United States who do not
sit on the same court--
``(A) as the judge, magistrate judge, or bankruptcy
judge who is the subject of the motion; or
``(B) as the other members of the reviewing panel.
``(2) Circuit limitation.--Not more than 1 member of the
reviewing panel may be a judge of the same judicial circuit as
the judge, magistrate judge, or bankruptcy judge who is the
subject of the motion.
``(3) Participation.--The reviewing panel, prior to its
final determination with respect to a motion filed under
subsection (a), shall provide the judge, magistrate judge, or
bankruptcy judge of the United States who is the subject of
such motion an opportunity to provide in writing the views of
the judge on the motion, including the explanation of the judge
for not granting the motion.
``(d) Supreme Court Review.--The Supreme Court of the United
States, not including the justice who is the subject of a motion
seeking to disqualify a justice under subsection (a), shall be the
reviewing panel for such motions.''.
(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. Review of certified motions to disqualify.''.
SEC. 6. DISCLOSURE BY PARTIES AND AMICI.
Not later than 1 year after the date of enactment of this Act, the
Supreme Court of the United States shall prescribe rules of procedure
in accordance with sections 2072 through 2074 of title 28, United
States Code, requiring each party or amicus to list in the petition or
brief of the party or amicus, as applicable, a description and value
of--
(1) any gift, income, or reimbursement, as those terms are
defined in section 13101 of title 5, United States Code,
provided to any justice, during the period beginning 2 years
prior to the commencement of the proceeding and ending on the
date of final disposition of the proceeding, by--
(A) each such party, amicus, or affiliate of each
such party or amicus;
(B) the lawyers or law firms in the proceeding of
each such party or amicus; and
(C) the officers, directors, or employees of each
such party or amicus; and
(2) any lobbying contact or expenditure of substantial
funds by any person described in subparagraphs (A), (B), and
(C) of paragraph (1) in support of the nomination,
confirmation, or appointment of a justice.
SEC. 7. AMICUS DISCLOSURE.
(a) In General.--Chapter 111 of title 28, United States Code, as
amended by section 5, is amended by adding at the end the following:
``Sec. 1661. Disclosures related to amicus activities
``(a) Disclosure.--
``(1) In general.--Any person that files an amicus brief in
a court 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 amicus, or an affiliate of
the amicus, for the previous calendar year if the
amicus is not an individual; or
``(C) contributed more than $100,000 to the amicus,
or an affiliate of the amicus, in the previous calendar
year.
``(2) Exceptions.--The requirements of this subsection
shall not apply to amounts received in commercial transactions
in the ordinary course of any trade or business by the amicus,
or an affiliate of the 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
amicus.
``(b) Audit.--The Director of the Administrative Office of the
United States Courts shall conduct an annual audit to ensure compliance
with this section.''.
(b) Technical and Conforming Amendment.--The table of sections for
chapter 111 of title 28, United States Code, as amended by section 5,
is amended by adding at the end the following:
``1661. Disclosures related to amicus activities.''.
SEC. 8. CONFLICTS RELATED TO AMICI CURIAE.
(a) In General.--Except as provided in subsection (b), the Supreme
Court of the United States and the Judicial Conference of the United
States shall prescribe rules of procedure in accordance with sections
2072 through 2074 of title 28, United States Code, for prohibiting the
filing of or striking an amicus brief that would result in the
disqualification of a justice, judge, or magistrate judge.
(b) Initial Transmittal.--The Supreme Court of the United States
shall transmit to Congress--
(1) the proposed rules required under subsection (a) not
later than 180 days after the date of enactment of this Act;
and
(2) any rules in addition to those transmitted under
paragraph (1) pursuant to section 2074 of title 28, United
States Code.
SEC. 9. STUDIES AND REPORTS.
(a) Studies.--
(1) In general.--Beginning on the date that is 180 days
after the date of enactment of this Act, and every other year
thereafter, the Director of the Federal Judicial Center shall
conduct a study on the extent of compliance or noncompliance
with the requirements of sections 144 and 455 of title 28,
United States Code.
(2) Additional time.--With respect to the first such study
required to be submitted under paragraph (1), the requirements
of that paragraph may be implemented after the date described
in that paragraph if the Director of the Federal Judicial
Center identifies in writing to the relevant committees of
Congress the additional time needed for submission of the
study.
(3) Facilitation of studies.--The Director of the Federal
Judicial Center shall maintain a record of each instance in
which--
(A) a justice, judge, magistrate judge, or
bankruptcy judge of the United States was not assigned
to a case due to potential or actual conflicts; and
(B) a justice, judge, magistrate judge, or
bankruptcy judge of the United States disqualifies
themselves after a case assignment is made.
(b) Reports to Congress.--Not later than April 1 of each year
following the completion of the study required under subsection (a),
the Director of the Federal Judicial Center shall submit to Congress a
report containing the findings of the study and any recommendations to
improve compliance with sections 144 and 455 of title 28, United States
Code.
(c) GAO Review.--Not later than 1 year after the date on which the
report is submitted under subsection (b), and every 5 years thereafter,
the Comptroller General of the United States shall submit to Congress a
report containing--
(1) an evaluation of the methodology and findings of the
study required under subsection (a); and
(2) the audit required under section 1661 of title 28,
United States Code, as added by section 7 of this Act.
<all>