118 HR 3973 IH: Judicial Ethics and Anti-Corruption Act of 2023
U.S. House of Representatives
2023-06-09
text/xml
EN
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I
118th CONGRESS
1st Session
H. R. 3973
IN THE HOUSE OF REPRESENTATIVES
June 9, 2023
Ms. Jayapal (for herself, Ms. Barragán, Mr. Beyer, Mr. Blumenauer, Mr. Bowman, Mr. Carson, Ms. Chu, Ms. Clarke of New York, Mr. Cohen, Ms. Crockett, Mr. Davis of Illinois, Mr. Deluzio, Ms. Escobar, Mr. Robert Garcia of California, Mr. García of Illinois, Ms. Garcia of Texas, Mr. Goldman of New York, Mr. Grijalva, Ms. Hoyle of Oregon, Ms. Jackson Lee, Mr. Khanna, Ms. Lee of California, Mr. Magaziner, Ms. Meng, Mr. Mullin, Mr. Nadler, Ms. Norton, Ms. Omar, Ms. Pingree, Mr. Pocan, Ms. Porter, Ms. Schakowsky, Mr. Takano, Ms. Tlaib, Ms. Tokuda, Mrs. Watson Coleman, and Mr. Schiff) introduced the following bill; which was referred to the Committee on the Judiciary, and in addition to the Committees on Oversight and Accountability, Rules, Financial Services, Agriculture, and House Administration, 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.
1.

Short title
This Act may be cited as the “Judicial Ethics and Anti-Corruption Act of 2023”.
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 13104(f)(2) of title 5, United States Code.
(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 13104(f)(8) of title 5, United States Code;
(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 13104(f)(8) of title 5, United States Code, unless—
(A)
the widely held investment fund is—
(i)
diversified, as described in paragraph (1)(A)(iii); and
(ii)
registered as a management company under the Investment Company Act of 1940 (15 U.S.C. 80a–1 et seq.);
(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 2023, 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.
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”;
(2)
in subsection (b)(2), by adding at the end the following:
“(C)
The total monetary value of any gifts accepted by a Member, officer, or employee pursuant to subparagraph (A) as personal hospitality during any calendar year shall not exceed an amount equal to the dollar amount established under paragraph (1) of section 2503(b) of the Internal Revenue Code of 1986 (as adjusted under paragraph (2) of such section) with respect to such calendar year.”; and
(3)
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.
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:
“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 2023, 2024, and 2025, 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.
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.
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.
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 2023.
(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 2023.
(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.”.
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.”.
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.”.
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 13104 of title 5, United States Code.
(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 13103 of title 5, United States Code, 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.
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.”.
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:
“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.
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:
“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.”.
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.