[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 4188 Introduced in Senate (IS)]

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117th CONGRESS
  2d Session
                                S. 4188

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 SENATE OF THE UNITED STATES

                 May 11 (legislative day, May 10), 2022

     Mr. Whitehouse (for himself, Mr. Blumenthal, Mr. Booker, Mrs. 
   Feinstein, Ms. Hirono, Mr. Leahy, and Mr. Schatz) 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 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 2022''.

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) 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 and 
employees of the Supreme Court.
    ``(b) 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 and employees 
of the courts of appeals, the district courts (including bankruptcy 
judges and magistrate judges), and the Court of International Trade.
    ``(c) 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.''.
    (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.''.

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, travel, and 
income received by any justice and any law clerk to a justice. Such 
rules shall at minimum require disclosure of any information concerning 
gifts, travel, and income 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 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--
                    ``(A) received income, a gift, or reimbursement (as 
                such terms are defined in the section 109 of the Ethics 
                in Government Act of 1978 (5 U.S.C. App.)) from a party 
                to the proceeding or an affiliate of a party to the 
                proceeding; and
                    ``(B) such receipt occurred during the period 
                beginning 6 years prior to 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 such persons 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 further 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 Act, 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.

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 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.
    ``(d) Supreme Court Review.--The Supreme Court of the United States 
shall be the reviewing panel for a motion seeking to disqualify a 
justice.''.
    (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 their petition 
or brief a description and value of--
            (1) any gift, income, or reimbursement (as such terms are 
        defined in section 109 of the Ethics in Government Act of 1978 
        (5 U.S.C. App.)) 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 or amicus, or their affiliates;
                    (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 further 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 further 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 EVALUATIONS.

    (a) In General.--Not later than December 31, 2022, 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.
    (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) Facilitation of Studies.--The Director of the Federal Judicial 
Center shall maintain a record of each instance in which--
            (1) 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
            (2) a justice, judge, magistrate judge, or bankruptcy judge 
        of the United States disqualifies after a case assignment is 
        made.
    (d) GAO Review.--Not later than 1 year after the date of enactment 
of this Act, and every 5 years thereafter, the Comptroller General of 
the United States shall submit to Congress a report containing an 
evaluation of the methodology and findings of the study required under 
subsection (a) and the audit required under section 1661 of title 28, 
United States Code, as added by section 7 of this Act.
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