[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1908 Introduced in Senate (IS)]

<DOC>






118th CONGRESS
  1st Session
                                S. 1908

                     To establish judicial ethics.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                              June 8, 2023

Ms. Warren (for herself, Mr. Markey, Mr. Wyden, Mr. Sanders, Ms. Smith, 
  Mr. Merkley, Mr. Padilla, and Mr. Cardin) introduced the following 
    bill; which was read twice and referred to the Committee on the 
                               Judiciary

_______________________________________________________________________

                                 A BILL


 
                     To establish judicial ethics.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Judicial Ethics and Anti-Corruption 
Act of 2023''.

SEC. 2. CONFLICTS OF INTEREST RULES FOR JUDGES AND JUSTICES AND 
              NONCONFLICTED FEDERAL EMPLOYEE INVESTMENT ACCOUNTS.

    (a) Required Divestments of Conflicted Assets.--
            (1) Stocks and securities.--No judge or justice may own an 
        interest in or trade (except a divestment required or approved 
        by the Judicial Conference of the United States) any stock, 
        bond, commodity, future, and other form of security, including 
        an interest in a hedge fund, a derivative, option, or other 
        complex investment vehicle, except nonconflicted assets allowed 
        under subsection (b).
            (2) Commercial real estate.--No judge or justice may 
        maintain ownership in commercial real estate, unless ownership 
        of such commercial real estate is necessary for an entity 
        described in paragraph (4)(C).
            (3) Trusts.--
                    (A) In general.--No judge or justice may maintain a 
                financial interest in any trust, including a family 
                trust, if the Judicial Conference of the United States 
                determines that the trust includes any--
                            (i) asset that might present a conflict of 
                        interest; or
                            (ii) stock, bond, commodity, future, and 
                        other form of security, including an interest 
                        in a hedge fund, a derivative, option, or other 
                        complex investment vehicle, except 
                        nonconflicted assets allowed under subsection 
                        (b).
                    (B) Exception.--Subparagraph (A) shall not apply to 
                a trust described in section 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.

SEC. 3. CLARIFICATION OF GIFT BAN.

    (a) In General.--Section 7353 of title 5, United States Code, is 
amended--
            (1) in subsection (a), in the matter preceding paragraph 
        (1), by striking ``anything of value'' and inserting ``a 
        gift'';
            (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.

SEC. 4. RESTRICT PRIVATELY FUNDED EDUCATIONAL EVENTS AND SPEECHES.

    (a) Judicial Education Fund.--
            (1) Establishment.--Chapter 42 of title 28, United States 
        Code, is amended by adding at the end the following:
``Sec. 630. Judicial Education Fund
    ``(a) Definitions.--In this section--
            ``(1) the term `Board' means the Board of the Federal 
        Judicial Center established in section 621;
            ``(2) the term `Fund' means the Judicial Education Fund 
        established under subsection (b);
            ``(3) the term `institution of higher education' has the 
        meaning given that term under section 101(a) of the Higher 
        Education Act of 1965 (20 U.S.C. 1001(a));
            ``(4) the term `national bar association' means a national 
        organization that is open to general membership to all members 
        of the bar;
            ``(5) the term `private judicial seminar'--
                    ``(A) means a seminar, symposia, panel discussion, 
                course, or a similar event that provides continuing 
                legal education to judges and justices; and
                    ``(B) does not include--
                            ``(i) seminars that last 1 day or less and 
                        are conducted by, and on the campus of, an 
                        institute of higher education;
                            ``(ii) seminars that last 1 day or less and 
                        are conducted by a national bar association or 
                        State or local bar association for the benefit 
                        of the bar association membership; or
                            ``(iii) seminars of any length conducted 
                        by, and on the campus of an institute of higher 
                        education or by a national bar association or 
                        State or local bar association, where a judge 
                        or justice is a presenter and at which judges 
                        and justices constitute less than 25 percent of 
                        the participants; and
            ``(6) the term `State or local bar association' means a 
        State or local organization that is open to general membership 
        to all members of the bar in the specified geographic region.
    ``(b) Fund.--There is established within the United States Treasury 
a fund to be known as the `Judicial Education Fund'.
    ``(c) Use of Amounts.--Amounts in the Fund may be made available 
for the payment of necessary expenses, including reasonable 
expenditures for transportation, food, lodging, private judicial 
seminar fees and materials, incurred by a judge or justice in attending 
a private judicial seminar approved by the Board. Necessary expenses 
shall not include expenditures for recreational activities or 
entertainment other than that provided to all attendees as an integral 
part of the private judicial seminar. Any payment from the Fund shall 
be approved by the Board.
    ``(d) Required Information.--The Board may approve a private 
judicial seminar after submission of information by the sponsor of that 
private judicial seminar that includes--
            ``(1) the content of the private judicial seminar 
        (including a list of presenters, topics, and course materials); 
        and
            ``(2) the litigation activities of the sponsor (including 
        any amicus briefs submitted by the sponsor) and the presenters 
        at the private judicial seminar (including the litigation 
        activities of the employer of each presenter) on the topic 
        related to those addressed at the private judicial seminar.
    ``(e) Public Availability.--If the Board approves a private 
judicial seminar, the Board shall make the information submitted under 
subsection (d) relating to the private judicial seminar available to 
judges, justices, and the public by posting the information online.
    ``(f) Guidelines.--The Judicial Conference shall promulgate 
guidelines to ensure that the Board only approves private judicial 
seminars that are conducted in a manner so as to maintain the public's 
confidence in an unbiased and fair-minded judiciary.
    ``(g) Authorization of Appropriations.--There are authorized to be 
appropriated for deposit in the Fund $3,000,000 for each of fiscal 
years 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.

SEC. 5. CODE OF CONDUCT.

    (a) Sense of Congress.--It is the sense of Congress that in order 
for justices and judges, both of the supreme and inferior courts, to 
hold their offices during ``good behaviour'' under section 1 of article 
III of the Constitution of the United States, the judges and justices 
shall, among other requirements, adhere to the Code of Conduct for 
United States Judges adopted by the Judicial Conference of the United 
States described in this section.
    (b) Applicability.--The Code of Conduct for United States Judges 
adopted by the Judicial Conference of the United States shall apply to 
the justices of the Supreme Court of the United States to the same 
extent as such Code applies to circuit and district judges.
    (c) Enforcement.--The Judicial Conference shall establish 
procedures, modeled after the procedures set forth in chapter 16 of 
title 28, United States Code, under which--
            (1) complaints alleging that a justice of the Supreme Court 
        of the United States has violated the Code of Conduct referred 
        to in subsection (a) may be filed with or identified by the 
        Conference;
            (2) such material, nonfrivolous complaints and any 
        accompanying material are immediately referred to the Supreme 
        Court Review Committee established in section 10; and
            (3) further action, where appropriate, is taken by the 
        Conference, with respect to such complaints.
    (d) Submission to Congress; Effective Date.--
            (1) Submission to congress.--Not later than 180 days after 
        the date of enactment of this Act, the Judicial Conference 
        shall submit to Congress the procedures established under 
        subsection (b).
            (2) Effective date.--The procedures established under 
        subsection (b) shall take effect 1 year after the date of 
        enactment of this Act.

SEC. 6. IMPROVING DISCLOSURE.

    (a) Recusal Decisions.--Section 455 of title 28, United States 
Code, is amended by adding at the end the following:
    ``(g) Recusal Lists.--
            ``(1) Each justice, judge, and magistrate judge of the 
        United States shall maintain and submit to the Judicial 
        Conference a list of each association or interest that would 
        require the justice, judge, or magistrate to be recused under 
        subsection (b)(4), including any financial interests of the 
        judge, the spouse of the judge, or any minor child of the judge 
        residing in the household of the judge.
            ``(2) The Judicial Conference shall maintain and make 
        publicly available online, at no cost, each list required under 
        this subsection that is filed with the Judicial Conference in a 
        format that is searchable, sortable, machine-readable, 
        downloadable, and accessible format, and accessible in multiple 
        languages and to individuals with disabilities.
            ``(3) The Judicial Conference may issue public or private 
        guidance to justices, judges, and magistrate judges of the 
        United States regarding the contents of the lists under this 
        subsection to ensure such lists comply with the 
        disqualification requirements of (b)(4).''.
    (b) Speeches.--
            (1) In general.--Each justice, judge, and magistrate judge 
        of the United States shall maintain and submit to the Judicial 
        Conference of the United States a copy of each speech or other 
        significant oral communication made by the justice, judge, or 
        magistrate.
            (2) Availability.--The Judicial Conference of the United 
        States shall maintain and make each speech or other significant 
        oral communication submitted under paragraph (1) available to 
        the public in printed form, upon request, and online, at no 
        cost, in a format that is searchable, sortable, machine-
        readable, downloadable, and accessible in multiple languages 
        and to individuals with disabilities.
            (3) Regulations.--Not later than 180 days after the date of 
        enactment of this Act, the Judicial Conference of the United 
        States shall promulgate regulations regarding the types of oral 
        communications that are required to be maintained, submitted, 
        and made publicly available under this subsection.
    (c) Livestreaming Judicial Proceedings.--
            (1) Definition.--In this section, the term ``appellate 
        court of the United States'' means any United States circuit 
        court of appeals and the Supreme Court of the United States.
            (2) Streaming of court proceedings.--In accordance with 
        procedures established by the Judicial Conference of the United 
        States, the audio of each open session conducted by an 
        appellate court of the United States shall be made available 
        online contemporaneously with the session, unless the appellate 
        court of the United States, by a majority vote, determines that 
        making audio of the session available online would violate the 
        constitutional rights or threaten the safety of any party to 
        the proceeding.
    (d) Publicizing Case Assignment Information.--
            (1) In general.--Not later than 180 days after the date of 
        enactment of this Act, the Judicial Conference of the United 
        States shall promulgate regulations requiring each court of the 
        United States to make case assignment data available to the 
        public online, at no cost, in a format that is searchable, 
        sortable, machine-readable, downloadable, and accessible in 
        multiple languages and to individuals with disabilities.
            (2) Contents.--The case assignment data made available 
        under paragraph (1) shall include, at a minimum, and to the 
        extent available, the case title, docket number, case origin, 
        filing date, and name of each authoring judge, concurring 
        judge, and dissenting judge for each opinion issued in the 
        case.
    (e) Making Websites User-Friendly.--Not later than 180 days after 
the date of enactment of this Act, the Judicial Conference of the 
United States shall promulgate regulations requiring an evaluation of, 
and improvements to, the website of each district court of the United 
States to ensure the website is easy to understand, including that it 
is clear how to file a complaint relating to a judge or an employee of 
the district court.
    (f) Accessibility.--The Judicial Conference shall make efforts to 
ensure that any disclosures required under this section are made 
available to the public in plain language, in a variety of languages, 
and accessible to individuals with disabilities.

SEC. 7. OVERSIGHT PROCESS FOR DISQUALIFICATION OF JUSTICE, JUDGE, OR 
              MAGISTRATE JUDGE.

    Section 455 of title 28, United States Code, as amended by section 
6 of this Act, is amended by adding at the end the following:
    ``(h)(1) Any litigant appearing before a justice, judge, or 
magistrate judge of the United States may file a petition that the 
justice, judge, or magistrate judge of the United States, as 
applicable, shall be disqualified based on the criteria described in 
subsection (b).
    ``(2)(A) Any judge or magistrate judge of the United States subject 
to a petition under paragraph (1) may provide a public, written 
response to the petition that provides a written explanation relating 
to any disqualification decision.
    ``(B) Any justice of the Supreme Court of the United States subject 
to a petition under paragraph (1) shall provide a public, written 
response to the petition that provides a written explanation relating 
to any disqualification decision.
    ``(3) If a litigant makes a petition under paragraph (1) relating 
to a justice of the Supreme Court of the United States, the Judicial 
Conference of the United States shall issue a nonbinding, public 
advisory opinion with its recommendation, which shall be shared with 
the Supreme Court Review Committee established in section 10 of the 
Judicial Ethics and Anti-Corruption Act of 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.''.

SEC. 8. COMPLAINTS AGAINST RETIRED JUDGES AND JUDICIAL DISCIPLINE.

    (a) Complaints.--Section 351(d) of title 28, United States Code, is 
amended--
            (1) by striking paragraph (1) and inserting the following:
            ``(1) the term `judge'--
                    ``(A) means a circuit judge, district judge, 
                bankruptcy judge, or magistrate judge; and
                    ``(B) includes a retired judge described in 
                subparagraph (A);'';
            (2) in paragraph (2), by striking the period at the end and 
        inserting ``; and''; and
            (3) by adding at the end the following:
            ``(3) the term `retired judge' means any judge of the 
        United States who has retired from regular active service under 
        section 371(b) or 372(a).''.
    (b) Review of Complaint by Chief Judge.--Section 352 of title 28, 
United States Code, is amended by adding at the end the following:
    ``(e) Definition.--In this section, the term `intervening events' 
does not include the retirement of the judge whose conduct is 
complained of or the nomination or confirmation of the judge to the 
Supreme Court of the United States.''.

SEC. 9. ACTION BY JUDICIAL COUNCIL IN RESPONSE TO MISCONDUCT BY JUDGES.

    Section 354 of title 28, United States Code, is amended--
            (1) in subsection (a)(2), by adding at the end the 
        following:
                    ``(D) Retired judges.--If the conduct of a retired 
                judge is the subject of the complaint, action by the 
                judicial council under paragraph (1)(C) may include--
                            ``(i) censuring or reprimanding the judge 
                        by means of public announcement; and
                            ``(ii) reducing or rescinding the nonvested 
                        pension benefits of the retired judge.
                    ``(E) Remedial actions for certain conduct.--
                            ``(i) Definition.--In this subparagraph, 
                        the term `covered judge' does not include a 
                        retired judge.
                            ``(ii) Conduct.--If the conduct of a 
                        covered judge is the subject of the complaint, 
                        action by the judicial council under paragraph 
                        (1)(C) may include mandating that the covered 
                        judge participate in professional counseling, 
                        treatment, education, or mentoring to address 
                        the misconduct at issue.''; and
            (2) by adding at the end the following:
    ``(c) Report.--
            ``(1) Submission to judicial conference of the united 
        states.--Each chief judge of the circuit shall submit to the 
        Judicial Conference of the United States an annual report on, 
        with respect to the previous year--
                    ``(A) the number of complaints filed under section 
                351 against judges in the circuit; and
                    ``(B) the outcome of the complaints described in 
                subparagraph (A).
            ``(2) Submission to congress.--The Judicial Conference of 
        the United States shall submit to the Committee on the 
        Judiciary of the Senate and the Committee on the Judiciary of 
        the House of Representatives each report submitted under 
        paragraph (1).
            ``(3) Public availability.--No later than 30 days after 
        submitting to Congress each report under paragraph (1), the 
        Judicial Conference of the United States shall make the report 
        available to the public.''.

SEC. 10. SUPREME COURT COMPLAINTS REVIEW COMMITTEE.

    (a) Definitions.--In this section:
            (1) Review committee.--The term ``Review Committee'' means 
        the Supreme Court Complaints Review Committee.
            (2) Close family member.--The term ``close family member'' 
        includes--
                    (A) a parent of the reporting individual;
                    (B) a spouse of the reporting individual; and
                    (C) an adult child of the reporting individual.
    (b) Establishment.--For the purpose of assisting the House of 
Representatives in carrying out its responsibilities under section 2 of 
article I and section 4 of article II of the Constitution of the United 
States, there is established in the legislative branch to be known as 
the Supreme Court Complaints Review Committee under the general 
supervision of the Committee on the Judiciary of the House of 
Representatives.
    (c) Members.--
            (1) In general.--The Review Committee shall consist of 5 
        members, of whom--
                    (A) 2 shall be appointed by the Speaker of the 
                House of Representatives;
                    (B) 2 shall be appointed by the minority leader of 
                the House of Representatives; and
                    (C) 1 shall be appointed by agreement of the 
                Speaker of the House of Representatives and the 
                minority leader of the House of Representatives.
            (2) Qualifications of review committee members.--
                    (A) Expertise.--Each member of the Review Committee 
                shall be an individual of exceptional public standing 
                who is specifically qualified to serve on the Review 
                Committee by virtue of the individual's education, 
                training, or experience in 1 or more of the following 
                fields:
                            (i) Constitutional law.
                            (ii) Impeachment.
                            (iii) Judicial ethics.
                            (iv) Professional ethics.
                            (v) Legal history.
                            (vi) Judicial service.
                    (B) Selection basis.--Selection and appointment of 
                each member of the Review Committee shall be without 
                regard to political affiliation and solely on the basis 
                of fitness to perform the duties of a member of the 
                Review Committee.
                    (C) Citizenship.--Each member of the Review 
                Committee shall be a United States citizen.
                    (D) Disqualifications.--No individual shall be 
                eligible for appointment to, or service on, the Review 
                Committee who--
                            (i) has ever been registered, or required 
                        to be registered, as a lobbyist under the 
                        Lobbying Disclosure Act of 1995 (2 U.S.C. 1601 
                        et seq.);
                            (ii) engages in, or is otherwise employed 
                        in, lobbying of the Congress;
                            (iii) is registered or is required to be 
                        registered as an agent of a foreign principal 
                        under the Foreign Agents Registration Act of 
                        1938 (22 U.S.C. 611 et seq.);
                            (iv) is a currently serving judge, justice, 
                        or employee of the Federal courts;
                            (v) is an officer or employee of the 
                        Federal Government;
                            (vi) is a close family member of any judge 
                        or justice of the Federal courts;
                            (vii) during the 4 years preceding the date 
                        of appointment, engaged in any significant 
                        political activity (including being a candidate 
                        for public office, fundraising for a candidate 
                        for public office or a political party, or 
                        serving as an officer or employee of a 
                        political campaign or party);
                            (viii) during the 2 years preceding the 
                        date of appointment, served as a fiduciary or 
                        personal attorney for a judge, justice, or 
                        employee of the Federal courts, including any 
                        judge or justice; or
                            (ix) any currently serving Senator or 
                        Representative in, or Delegate or Resident 
                        Commissioner to, the Congress.
            (3) Term and removal.--
                    (A) Length of term.--The term of a member of the 
                Review Committee shall be for 2 Congresses.
                    (B) Term limits.--A member of the Review Committee 
                may not serve during 4 consecutive Congresses.
                    (C) Removal.--A member of the Review Committee may 
                be removed upon unanimous agreement among the Speaker 
                and the minority leader of the House of Representatives 
                or by an affirmative vote of \2/3\ of the members of 
                the Committee on the Judiciary of the House of 
                Representatives.
                    (D) Vacancies.--Any vacancy on the Review Committee 
                shall be filled for the unexpired portion of the term 
                in the same manner, and by the same appointing 
                authority, as the original appointment under paragraph 
                (2).
    (d) Chairperson and Vice-Chairperson.--
            (1) In general.--The members of the Review Committee shall 
        elect a chairperson and a vice-chairperson of the Review 
        Committee by a majority vote. The chairperson and the vice-
        chairperson shall serve a 1-year term, and may be reelected for 
        additional 1-year terms.
            (2) Duties.--The chairperson of the Review Committee shall 
        preside at the meetings of the Review Committee, and the vice-
        chairperson shall preside in the absence or disability of the 
        chairperson.
    (e) Meetings.--
            (1) Quorum.--A majority of the members of the Review 
        Committee shall constitute a quorum.
            (2) Meetings.--The Review Committee shall meet at the call 
        of the chairperson, the chair of the Committee on the Judiciary 
        of the House of Representatives, or the call of a majority of 
        its members, pursuant to the rules of the Review Committee.
            (3) Voting.--Except as otherwise specifically provided, a 
        majority vote of the Review Committee under this subtitle shall 
        require an affirmative vote of 3 or more members.
    (f) Compensation.--A member of the Review Committee shall not be 
considered to be an officer or employee of the House or Senate, but 
shall be compensated at a rate equal to the daily equivalent of the 
minimum annual rate of basic pay prescribed for GS-15 of the General 
Schedule under section 5107 of title 5, United States Code, for each 
day (including travel time) during which such member is engaged in the 
performance of the duties of the Review Committee.
    (g) Duties of Review Committee.--
            (1) In general.--The Review Committee shall review each 
        complaint made against the Chief Justice of the United States 
        or a Justice of the Supreme Court of the United States through 
        the review process described in subsection (m).
            (2) Hearings.--The Review Committee may hold such hearings 
        as are necessary and may sit and act only in executive session 
        at such times and places, solicit such testimony, and receive 
        such relevant evidence, as may be necessary to carry out its 
        duties.
    (h) Financial Disclosure Reports.--
            (1) In general.--Each member of the Review Committee shall 
        file an annual financial disclosure report with the Clerk of 
        the House of Representatives on or before May 15 of each 
        calendar year immediately following any year in which the 
        member served on the Review Committee. Each such report shall 
        be on a form prepared by the Clerk that is substantially 
        similar to the form required for individuals at the executive 
        branch who must complete a confidential financial disclosure 
        report under section 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.

SEC. 11. EXPEDITED IMPEACHMENT OF FEDERAL JUDGES.

    Section 355(b) of title 28, United States Code, is amended by 
adding at the end the following:
            ``(3) Expedited impeachment.--
                    ``(A) In general.--After the Judicial Conference 
                transmits the determination and the record of 
                proceedings under paragraph (1) or (2) to the House of 
                Representatives, the determination and record shall be 
                immediately referred to the Committee on the Judiciary 
                of the House of Representatives.
                    ``(B) Vote.--Not later than 30 legislative days of 
                continuous session in the House of Representatives 
                after the Committee on the Judiciary of the House of 
                Representatives receives the determination and the 
                record of proceedings under subparagraph (A), the 
                Committee on the Judiciary of the House of 
                Representatives shall vote on whether to proceed with 
                an investigation or an impeachment inquiry.''.

SEC. 12. RESTRICTIONS ON PROTECTIVE ORDERS AND SEALING OF CASES AND 
              SETTLEMENTS.

    (a) In General.--Chapter 111 of title 28, United States Code, is 
amended by adding at the end the following:
``Sec. 1660. Restrictions on protective orders and sealing of cases and 
              settlements
    ``(a) Restrictions on Orders Relating to the Disclosure of 
Information.--
            ``(1) In general.--In any civil action in which the 
        pleadings state facts that are relevant to the protection of 
        public health or safety, a court shall not enter, by 
        stipulation or otherwise, an order otherwise authorized under 
        rule 26(c) of the Federal Rules of Civil Procedure restricting 
        the disclosure of information obtained through discovery, an 
        order otherwise authorized approving a settlement agreement 
        that would restrict the disclosure of information obtained 
        through discovery, or an order otherwise authorized restricting 
        access to court records unless in connection with the order the 
        court finds--
                    ``(A) that the order would not restrict the 
                disclosure of information which is relevant to the 
                protection of public health or safety; or
                    ``(B) that--
                            ``(i) the public interest in the disclosure 
                        of past, present, or potential public health or 
                        safety hazards is outweighed by a specific and 
                        substantial interest in maintaining the 
                        confidentiality of the information or records 
                        in question; and
                            ``(ii) the requested order is no broader 
                        than necessary to protect the confidentiality 
                        interest asserted.
            ``(2) Limit on effect.--No order entered in accordance with 
        paragraph (1), other than an order approving a settlement 
        agreement, may continue in effect after the entry of final 
        judgment unless at the time of, or after, the entry of the 
        order the court makes a separate finding of fact that the 
        requirements of paragraph (1) continue to be met.
            ``(3) Rule of construction.--Nothing in paragraph (1) shall 
        be construed to require the disclosure of the identity of 
        individuals who disclose evidence of a violation of any law, 
        rule, or regulation or other fraud, waste, abuse, or misconduct 
        or other persons protected from disclosure under Federal law.
    ``(b) Restrictions on Enforcement Relating to Federal and State 
Agencies.--In any civil action in which the pleadings state facts that 
are relevant to the protection of public health or safety, a court 
shall not enforce any provision of an agreement between or among 
parties to the civil action, or enforce an order entered in accordance 
with subsection (a)(1), to the extent that the provision or order 
prohibits or otherwise restricts a party from disclosing any 
information relevant to the civil action to any Federal or State agency 
with authority to enforce laws regulating an activity relating to the 
information.
    ``(c) Limits on Scope.--
            ``(1) In general.--Subject to paragraph (2), a court shall 
        not enforce any provision of a settlement agreement between or 
        among parties to any civil action in which the pleadings state 
        facts that are relevant to the protection of public health or 
        safety that prohibits one or more parties from--
                    ``(A) disclosing the fact that the settlement was 
                reached or the terms of the settlement (excluding any 
                money paid) that involve matters relevant to the 
                protection of public health or safety; or
                    ``(B) discussing matters relevant to the protection 
                of public health or safety involved in the civil 
                action.
            ``(2) Exception.--Paragraph (1) applies unless the court 
        finds that--
                    ``(A) the public interest in the disclosure of 
                past, present, or potential public health or safety 
                hazards is outweighed by a specific and substantial 
                interest in maintaining the confidentiality of the 
                information in question; and
                    ``(B) the requested order is no broader than 
                necessary to protect the confidentiality interest 
                asserted.
    ``(d) Rebuttable Presumption Relating to Personally Identifiable 
Information.--For purposes of implementing subsections (a)(1)(B)(i) and 
(c)(2)(A), when weighing the interest in maintaining confidentiality 
under this section, there shall be a rebuttable presumption that the 
interest in protecting personally identifiable information of an 
individual outweighs the public interest in disclosure.
    ``(e) Rule of Construction.--Nothing in this section shall be 
construed to permit, require, or authorize the disclosure of classified 
information (as defined under section 1 of the Classified Information 
Procedures Act (18 U.S.C. App.)).''.
    (b) Technical and Conforming Amendment.--The table of sections for 
chapter 111 of title 28, United States Code, is amended by adding after 
the item relating to section 1659 the following:

``1660. Restrictions on protective orders and sealing of cases and 
                            settlements.''.
    (c) Effective Date.--The amendments made by this section shall--
            (1) take effect 30 days after the date of enactment of this 
        Act; and
            (2) apply only to orders entered in civil actions or 
        agreements entered into on or after such date.

SEC. 13. JUDICIAL WORKPLACE CLIMATE SURVEYS.

    (a) In General.--Chapter 21 of title 28, United States Code, is 
amended by adding at the end the following:
``Sec. 464. Judicial workplace climate surveys
    ``(a) In General.--The Judicial Conference of the United States 
shall administer a climate survey to each employee of a court of the 
United States about the work environment of the court, which shall--
            ``(1) be administered not later than 18 months after the 
        date of enactment of this section and every 2 years thereafter;
            ``(2) be voluntary;
            ``(3) survey respondents on the general work environment, 
        including attitudes in the workplace regarding diversity and 
        inclusion and harassment or discrimination on the basis of 
        race, ethnicity, disability, sex, sexual orientation, and 
        gender identity; and
            ``(4) be anonymous and confidential, with notice of the 
        anonymity and confidentiality made to the respondent throughout 
        the survey.
    ``(b) Transmission of Information.--Information obtained in a 
survey administered under subsection (a) shall be--
            ``(1) made publicly available; and
            ``(2) transmitted to the Committee on the Judiciary of the 
        Senate and the Committee on the Judiciary of the House of 
        Representatives, the Chief Justice of the United States, and 
        the Judicial Conference of the United States.''.
    (b) Technical and Conforming Amendment.--The table of sections for 
chapter 21 of title 28, United States Code, is amended by adding at the 
end the following:

``464. Judicial workplace climate surveys.''.

SEC. 14. SEVERABILITY.

    If any provision of this Act, an amendment made by this Act, or the 
application of such provision or amendment to any person or 
circumstance is held to be unconstitutional, the remainder of this Act 
and of the amendments made by this Act, and the application of the 
remaining provisions of this Act and amendments to any person or 
circumstance, shall not be affected.
                                 <all>