[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 359 Reported in Senate (RS)]

<DOC>





                                                       Calendar No. 199
118th CONGRESS
  1st Session
                                 S. 359

To amend title 28, United States Code, to provide for a code of conduct 
 for justices of the Supreme Court of the United States, and for other 
                               purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            February 9, 2023

 Mr. Whitehouse (for himself, Mr. Blumenthal, Mr. Merkley, Mr. Booker, 
Mrs. Gillibrand, Mr. Reed, Mrs. Feinstein, Mr. Warner, Mr. Sanders, Mr. 
Markey, Mr. Durbin, Ms. Hirono, Mr. Van Hollen, Mr. Welch, Mr. Schatz, 
  Mr. Padilla, Mr. Wyden, Ms. Baldwin, Ms. Klobuchar, Mr. Cardin, Ms. 
Hassan, Mr. Warnock, Mr. Coons, Mr. Fetterman, Mr. Ossoff, Mr. Schumer, 
Mr. Carper, and Mr. Hickenlooper) introduced the following bill; which 
     was read twice and referred to the Committee on the Judiciary

                           September 5, 2023

               Reported by Mr. Durbin, with an amendment
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

_______________________________________________________________________

                                 A BILL


 
To amend title 28, United States Code, to provide for a code of conduct 
 for justices of the Supreme Court of the United States, and for other 
                               purposes.

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

<DELETED>SECTION 1. SHORT TITLE.</DELETED>

<DELETED>    This Act may be cited as the ``Supreme Court Ethics, 
Recusal, and Transparency Act of 2023''.</DELETED>

<DELETED>SEC. 2. CODE OF CONDUCT FOR THE SUPREME COURT OF THE UNITED 
              STATES.</DELETED>

<DELETED>    (a) In General.--Chapter 16 of title 28, United States 
Code, is amended by adding at the end the following:</DELETED>
<DELETED>``Sec. 365. Codes of conduct</DELETED>
<DELETED>    ``(a) Justices.--Not later than 180 days after the date of 
enactment of this section, the Supreme Court of the United States 
shall, after appropriate public notice and opportunity for comment in 
accordance with section 2071, issue a code of conduct for the justices 
of the Supreme Court.</DELETED>
<DELETED>    ``(b) Other Judges.--Not later than 180 days after the 
date of enactment of this section, the Judicial Conference of the 
United States shall, after appropriate public notice and opportunity 
for comment in accordance with section 2071, issue a code of conduct 
for the judges of the courts of appeals, the district courts (including 
bankruptcy judges and magistrate judges), and the Court of 
International Trade.</DELETED>
<DELETED>    ``(c) Modification.--The Supreme Court of the United 
States and the Judicial Conference may modify the applicable codes of 
conduct under this section after giving appropriate public notice and 
opportunity for comment in accordance with section 2071.</DELETED>
<DELETED>``Sec. 366. Public access to ethics rules</DELETED>
<DELETED>    ``The Supreme Court of the United States shall make 
available on its internet website, in a full-text, searchable, 
sortable, and downloadable format, copies of the code of conduct issued 
under section 365(a), any rules established by the Counselor to the 
Chief Justice under section 677 and any other related rules or 
resolutions, as determined by the Chief Justice of the United States, 
issued by the Counselor to the Chief Justice of the United States or 
agreed to by the justices of the Supreme Court.</DELETED>
<DELETED>``Sec. 367. Complaints against justices</DELETED>
<DELETED>    ``(a) Receipt of Complaints.--Not later than 180 days 
after the date of enactment of this section, the Supreme Court of the 
United States shall establish procedures, modeled after the procedures 
set forth in sections 351 through 364, under which individuals may file 
with the Court, or the Court may identify, complaints alleging that a 
justice of the Supreme Court--</DELETED>
        <DELETED>    ``(1) has violated--</DELETED>
                <DELETED>    ``(A) the code of conduct issued pursuant 
                to section 365(a);</DELETED>
                <DELETED>    ``(B) section 455; or</DELETED>
                <DELETED>    ``(C) any other applicable provision of 
                Federal law; or</DELETED>
        <DELETED>    ``(2) has otherwise engaged in conduct that 
        undermines the integrity of the Supreme Court of the United 
        States.</DELETED>
<DELETED>    ``(b) Judicial Investigation Panel.--</DELETED>
        <DELETED>    ``(1) In general.--Upon receipt or identification 
        of a complaint under subsection (a), the Supreme Court of the 
        United States shall refer such complaint to a judicial 
        investigation panel, which shall be composed of a panel of 5 
        judges selected randomly from among the chief judge of each 
        circuit of the United States.</DELETED>
        <DELETED>    ``(2) Duties.--The judicial investigation panel 
        shall--</DELETED>
                <DELETED>    ``(A) review and, if appropriate as 
                determined by the panel, investigate all complaints 
                submitted to the panel using procedures established by 
                the panel and modeled after the procedures set forth in 
                sections 351 through 364;</DELETED>
                <DELETED>    ``(B) present to the Supreme Court of the 
                United States any findings and recommendations for 
                necessary and appropriate action by the Supreme Court, 
                including dismissal of the complaint, disciplinary 
                actions, or changes to Supreme Court rules or 
                procedures;</DELETED>
                <DELETED>    ``(C) if the panel does not recommend 
                dismissal of the complaint, not later than 30 days 
                following the presentation of any findings and 
                recommendations under this paragraph, publish a report 
                containing such findings and recommendations; 
                and</DELETED>
                <DELETED>    ``(D) if the panel recommends dismissal of 
                the complaint, the panel may publish any findings and 
                recommendations if the panel determines that such 
                publication would be in furtherance of the public 
                interest.</DELETED>
        <DELETED>    ``(3) Powers.--In conducting any investigation 
        under this section, the judicial investigation panel may hold 
        hearings, take sworn testimony, issue subpoenas ad 
        testificandum and subpoenas duces tecum, and make necessary and 
        appropriate orders in the exercise of its authority.</DELETED>
        <DELETED>    ``(4) Access.--If the judicial investigation panel 
        determines that a substantially similar complaint was 
        previously submitted under section 351, but that such 
        substantially similar complaint was dismissed for lack of 
        authority to review or act upon such complaint, the panel shall 
        have access to any information gathered pursuant to this 
        chapter in relation to such substantially similar 
        complaint.</DELETED>
        <DELETED>    ``(5) Compensation.--The judicial investigation 
        panel may appoint and fix the compensation of such staff as it 
        deems necessary.''.</DELETED>
<DELETED>    (b) Technical and Conforming Amendment.--The table of 
sections for chapter 16 of title 28, United States Code, is amended by 
adding at the end the following:</DELETED>

<DELETED>``365. Codes of conduct.
<DELETED>``366. Public access to ethics rules.
<DELETED>``367. Complaints against justices.''.

<DELETED>SEC. 3. MINIMUM GIFT, TRAVEL, AND INCOME DISCLOSURE STANDARDS 
              FOR JUSTICES OF THE SUPREME COURT.</DELETED>

<DELETED>    Section 677 of title 28, United States Code, is amended by 
adding at the end the following:</DELETED>
<DELETED>    ``(d) The Counselor, with the approval of the Chief 
Justice, shall establish rules governing the disclosure of all gifts, 
income, or reimbursements, as those terms are defined in section 13101 
of title 5, received by any justice and any law clerk to a justice. 
Such rules shall, at minimum, require disclosure of any information 
concerning gifts, income, and reimbursements required to be disclosed 
under the Standing Rules of the Senate and the Rules of the House of 
Representatives.''.</DELETED>

<DELETED>SEC. 4. CIRCUMSTANCES REQUIRING DISQUALIFICATION.</DELETED>

<DELETED>    (a) Anticorruption Protections.--Subsection (b) of section 
455 of title 28, United States Code, is amended by adding at the end 
the following:</DELETED>
        <DELETED>    ``(6) Where the justice or judge knows that a 
        party to the proceeding or an affiliate of a party to the 
        proceeding made any lobbying contact, as defined in section 3 
        of the Lobbying Disclosure Act of 1995 (2 U.S.C. 1602), or 
        spent substantial funds in support of the nomination, 
        confirmation, or appointment of the justice or judge.</DELETED>
        <DELETED>    ``(7) Where the justice or judge, their spouse, 
        minor child, or a privately held entity owned by any such 
        person received income, a gift, or reimbursement, as those 
        terms are defined in section 13101 of title 5--</DELETED>
                <DELETED>    ``(A) from a party to the proceeding or an 
                affiliate of a party to the proceeding; and</DELETED>
                <DELETED>    ``(B) during the period beginning on the 
                date that is 6 years before the date on which the 
                justice or judge was assigned to the proceeding and 
                ending on the date of final disposition of the 
                proceeding.''.</DELETED>
<DELETED>    (b) Duty To Know.--Subsection (c) of section 455 of title 
28, United States Code, is amended to read as follows:</DELETED>
<DELETED>    ``(c) A justice, judge, magistrate judge, or bankruptcy 
judge of the United States shall ascertain--</DELETED>
        <DELETED>    ``(1) the personal and fiduciary financial 
        interests of the justice or judge;</DELETED>
        <DELETED>    ``(2) the personal financial interests of the 
        spouse and minor children residing in the household of the 
        justice or judge; and</DELETED>
        <DELETED>    ``(3) any interest of the persons described in 
        paragraph (2) that could be substantially affected by the 
        outcome of the proceeding.''.</DELETED>
<DELETED>    (c) Divestment.--Subsection (f) of section 455 of title 
28, United States Code, is amended by inserting ``under subsection 
(b)(4)'' after ``disqualified''.</DELETED>
<DELETED>    (d) Duty To Notify.--Section 455 of title 28, United 
States Code, is amended by adding at the end the following:</DELETED>
<DELETED>    ``(g) If at any time a justice, judge, magistrate judge, 
or bankruptcy judge of the United States learns of a condition that 
could reasonably require disqualification under this section, the 
justice or judge shall immediately notify all parties to the 
proceeding.''.</DELETED>
<DELETED>    (e) Technical and Conforming Amendments.--Section 455 of 
title 28, United States Code, as amended by this section, is amended--
</DELETED>
        <DELETED>    (1) in the section heading, by striking ``judge, 
        or magistrate judge'' and inserting ``judge, magistrate judge, 
        or bankruptcy judge'';</DELETED>
        <DELETED>    (2) in subsection (a), by striking ``judge, or 
        magistrate judge'' and inserting ``judge, magistrate judge, or 
        bankruptcy judge'';</DELETED>
        <DELETED>    (3) in subsection (b)--</DELETED>
                <DELETED>    (A) in paragraph (2), by striking ``the 
                judge or such lawyer'' and inserting ``the justice, the 
                judge, or such lawyer'';</DELETED>
                <DELETED>    (B) in paragraph (5)(iii), by inserting 
                ``justice or'' before ``judge''; and</DELETED>
                <DELETED>    (C) in paragraph (5)(iv), by inserting 
                ``justice's or'' before ``judge's'';</DELETED>
        <DELETED>    (4) in subsection (c), by inserting ``justice or'' 
        before ``judge'';</DELETED>
        <DELETED>    (5) in subsection (d)(4)(i), by inserting 
        ``justice or'' before ``judge''; and</DELETED>
        <DELETED>    (6) in subsection (e), by striking ``judge, or 
        magistrate judge'' and inserting ``judge, magistrate judge, or 
        bankruptcy judge of the United States''.</DELETED>
<DELETED>    (f) Public Notice.--The rules of each court subject to 
section 455 of title 28, United States Code, as amended by this 
section, shall be amended to require that the clerk shall publish 
timely notice on the website of the court of--</DELETED>
        <DELETED>    (1) any matter in which a justice, judge, 
        magistrate judge, or bankruptcy judge of the United States is 
        disqualified under such section;</DELETED>
        <DELETED>    (2) any matter in which the reviewing panel under 
        section 1660 of title 28, United States Code, rules on a motion 
        to disqualify; and</DELETED>
        <DELETED>    (3) an explanation of each reason for the 
        disqualification or ruling, which shall include a specific 
        identification of each circumstance that resulted in such 
        disqualification or ruling, but which shall not include any 
        private or sensitive information deemed by a majority of the 
        reviewing panel under section 1660 of title 28, United States 
        Code, as added by section 5 of this Act, to be appropriate for 
        redaction and unnecessary in order to provide the litigants and 
        public a full understanding of the reasons for the 
        disqualification or ruling.</DELETED>

<DELETED>SEC. 5. REVIEW OF CERTIFIED DISQUALIFICATION 
              MOTIONS.</DELETED>

<DELETED>    (a) In General.--Chapter 111 of title 28, United States 
Code, is amended by adding at the end the following:</DELETED>
<DELETED>``Sec. 1660. Review of certified motions to 
              disqualify</DELETED>
<DELETED>    ``(a) Motion for Disqualification.--If a justice, judge, 
magistrate judge, or bankruptcy judge of the United States is required 
to be disqualified from a proceeding under any provision of Federal 
law, a party to the proceeding may file a timely motion for 
disqualification, accompanied by a certificate of good faith and an 
affidavit alleging facts sufficient to show that disqualification of 
the justice, judge, magistrate judge, or bankruptcy judge is so 
required.</DELETED>
<DELETED>    ``(b) Consideration of Motion.--A justice, judge, 
magistrate judge, or bankruptcy judge of the United States shall either 
grant or certify to a reviewing panel a timely motion filed pursuant to 
subsection (a) and stay the proceeding until a final determination is 
made with respect to the motion.</DELETED>
<DELETED>    ``(c) Reviewing Panel.--</DELETED>
        <DELETED>    ``(1) In general.--A reviewing panel to which a 
        motion is certified under subsection (b) shall be composed of 3 
        judges selected at random from judges of the United States who 
        do not sit on the same court--</DELETED>
                <DELETED>    ``(A) as the judge, magistrate judge, or 
                bankruptcy judge who is the subject of the motion; 
                or</DELETED>
                <DELETED>    ``(B) as the other members of the 
                reviewing panel.</DELETED>
        <DELETED>    ``(2) Circuit limitation.--Not more than 1 member 
        of the reviewing panel may be a judge of the same judicial 
        circuit as the judge, magistrate judge, or bankruptcy judge who 
        is the subject of the motion.</DELETED>
        <DELETED>    ``(3) Participation.--The reviewing panel, prior 
        to its final determination with respect to a motion filed under 
        subsection (a), shall provide the judge, magistrate judge, or 
        bankruptcy judge of the United States who is the subject of 
        such motion an opportunity to provide in writing the views of 
        the judge on the motion, including the explanation of the judge 
        for not granting the motion.</DELETED>
<DELETED>    ``(d) Supreme Court Review.--The Supreme Court of the 
United States, not including the justice who is the subject of a motion 
seeking to disqualify a justice under subsection (a), shall be the 
reviewing panel for such motions.''.</DELETED>
<DELETED>    (b) Technical and Conforming Amendment.--The table of 
sections for chapter 111 of title 28, United States Code, is amended by 
adding at the end the following:</DELETED>

<DELETED>``1660. Review of certified motions to disqualify.''.

<DELETED>SEC. 6. DISCLOSURE BY PARTIES AND AMICI.</DELETED>

<DELETED>    Not later than 1 year after the date of enactment of this 
Act, the Supreme Court of the United States shall prescribe rules of 
procedure in accordance with sections 2072 through 2074 of title 28, 
United States Code, requiring each party or amicus to list in the 
petition or brief of the party or amicus, as applicable, a description 
and value of--</DELETED>
        <DELETED>    (1) any gift, income, or reimbursement, as those 
        terms are defined in section 13101 of title 5, United States 
        Code, provided to any justice, during the period beginning 2 
        years prior to the commencement of the proceeding and ending on 
        the date of final disposition of the proceeding, by--</DELETED>
                <DELETED>    (A) each such party, amicus, or affiliate 
                of each such party or amicus;</DELETED>
                <DELETED>    (B) the lawyers or law firms in the 
                proceeding of each such party or amicus; and</DELETED>
                <DELETED>    (C) the officers, directors, or employees 
                of each such party or amicus; and</DELETED>
        <DELETED>    (2) any lobbying contact or expenditure of 
        substantial funds by any person described in subparagraphs (A), 
        (B), and (C) of paragraph (1) in support of the nomination, 
        confirmation, or appointment of a justice.</DELETED>

<DELETED>SEC. 7. AMICUS DISCLOSURE.</DELETED>

<DELETED>    (a) In General.--Chapter 111 of title 28, United States 
Code, as amended by section 5, is amended by adding at the end the 
following:</DELETED>
<DELETED>``Sec. 1661. Disclosures related to amicus 
              activities</DELETED>
<DELETED>    ``(a) Disclosure.--</DELETED>
        <DELETED>    ``(1) In general.--Any person that files an amicus 
        brief in a court of the United States shall list in the amicus 
        brief the name of any person who--</DELETED>
                <DELETED>    ``(A) contributed to the preparation or 
                submission of the amicus brief;</DELETED>
                <DELETED>    ``(B) contributed not less than 3 percent 
                of the gross annual revenue of the amicus, or an 
                affiliate of the amicus, for the previous calendar year 
                if the amicus is not an individual; or</DELETED>
                <DELETED>    ``(C) contributed more than $100,000 to 
                the amicus, or an affiliate of the amicus, in the 
                previous calendar year.</DELETED>
        <DELETED>    ``(2) Exceptions.--The requirements of this 
        subsection shall not apply to amounts received in commercial 
        transactions in the ordinary course of any trade or business by 
        the amicus, or an affiliate of the amicus, or in the form of 
        investments (other than investments by the principal 
        shareholder in a limited liability corporation) in an 
        organization if the amounts are unrelated to the amicus filing 
        activities of the amicus.</DELETED>
<DELETED>    ``(b) Audit.--The Director of the Administrative Office of 
the United States Courts shall conduct an annual audit to ensure 
compliance with this section.''.</DELETED>
<DELETED>    (b) Technical and Conforming Amendment.--The table of 
sections for chapter 111 of title 28, United States Code, as amended by 
section 5, is amended by adding at the end the following:</DELETED>

<DELETED>``1661. Disclosures related to amicus activities.''.

<DELETED>SEC. 8. CONFLICTS RELATED TO AMICI CURIAE.</DELETED>

<DELETED>    (a) In General.--Except as provided in subsection (b), the 
Supreme Court of the United States and the Judicial Conference of the 
United States shall prescribe rules of procedure in accordance with 
sections 2072 through 2074 of title 28, United States Code, for 
prohibiting the filing of or striking an amicus brief that would result 
in the disqualification of a justice, judge, or magistrate 
judge.</DELETED>
<DELETED>    (b) Initial Transmittal.--The Supreme Court of the United 
States shall transmit to Congress--</DELETED>
        <DELETED>    (1) the proposed rules required under subsection 
        (a) not later than 180 days after the date of enactment of this 
        Act; and</DELETED>
        <DELETED>    (2) any rules in addition to those transmitted 
        under paragraph (1) pursuant to section 2074 of title 28, 
        United States Code.</DELETED>

<DELETED>SEC. 9. STUDIES AND REPORTS.</DELETED>

<DELETED>    (a) Studies.--</DELETED>
        <DELETED>    (1) In general.--Beginning on the date that is 180 
        days after the date of enactment of this Act, and every other 
        year thereafter, the Director of the Federal Judicial Center 
        shall conduct a study on the extent of compliance or 
        noncompliance with the requirements of sections 144 and 455 of 
        title 28, United States Code.</DELETED>
        <DELETED>    (2) Additional time.--With respect to the first 
        such study required to be submitted under paragraph (1), the 
        requirements of that paragraph may be implemented after the 
        date described in that paragraph if the Director of the Federal 
        Judicial Center identifies in writing to the relevant 
        committees of Congress the additional time needed for 
        submission of the study.</DELETED>
        <DELETED>    (3) Facilitation of studies.--The Director of the 
        Federal Judicial Center shall maintain a record of each 
        instance in which--</DELETED>
                <DELETED>    (A) a justice, judge, magistrate judge, or 
                bankruptcy judge of the United States was not assigned 
                to a case due to potential or actual conflicts; 
                and</DELETED>
                <DELETED>    (B) a justice, judge, magistrate judge, or 
                bankruptcy judge of the United States disqualifies 
                themselves after a case assignment is made.</DELETED>
<DELETED>    (b) Reports to Congress.--Not later than April 1 of each 
year following the completion of the study required under subsection 
(a), the Director of the Federal Judicial Center shall submit to 
Congress a report containing the findings of the study and any 
recommendations to improve compliance with sections 144 and 455 of 
title 28, United States Code.</DELETED>
<DELETED>    (c) GAO Review.--Not later than 1 year after the date on 
which the report is submitted under subsection (b), and every 5 years 
thereafter, the Comptroller General of the United States shall submit 
to Congress a report containing--</DELETED>
        <DELETED>    (1) an evaluation of the methodology and findings 
        of the study required under subsection (a); and</DELETED>
        <DELETED>    (2) the audit required under section 1661 of title 
        28, United States Code, as added by section 7 of this 
        Act.</DELETED>

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Supreme Court Ethics, Recusal, and 
Transparency Act of 2023''.

SEC. 2. CODE OF CONDUCT FOR THE SUPREME COURT OF THE UNITED STATES.

    (a) In General.--Chapter 16 of title 28, United States Code, is 
amended by adding at the end the following:
``Sec. 365. Codes of conduct
    ``(a) Justices.--Not later than 180 days after the date of 
enactment of this section, the Supreme Court of the United States 
shall, after appropriate public notice and opportunity for comment in 
accordance with section 2071, issue a code of conduct for the justices 
of the Supreme Court.
    ``(b) Other Judges.--Not later than 180 days after the date of 
enactment of this section, the Judicial Conference of the United States 
shall, after appropriate public notice and opportunity for comment in 
accordance with section 2071, issue a code of conduct for the judges of 
the courts of appeals, the district courts (including bankruptcy judges 
and magistrate judges), and the Court of International Trade.
    ``(c) Modification.--The Supreme Court of the United States and the 
Judicial Conference may modify the applicable codes of conduct under 
this section after giving appropriate public notice and opportunity for 
comment in accordance with section 2071.
``Sec. 366. Public access to ethics rules
    ``The Supreme Court of the United States shall make available on 
its internet website, in a full-text, searchable, sortable, and 
downloadable format, copies of the code of conduct issued under section 
365(a), any rules established by the Counselor to the Chief Justice of 
the United States under section 677 and any other related rules or 
resolutions, as determined by the Chief Justice of the United States, 
issued by the Counselor to the Chief Justice of the United States or 
agreed to by the justices of the Supreme Court.
``Sec. 367. Complaints against justices
    ``(a) Receipt of Complaints.--Not later than 180 days after the 
date of enactment of this section, the Supreme Court of the United 
States shall establish procedures, modeled after the procedures set 
forth in sections 351 through 364, under which individuals may file 
with the Court, or the Court may identify, complaints alleging that a 
justice of the Supreme Court--
            ``(1) has violated--
                    ``(A) the code of conduct issued pursuant to 
                section 365(a);
                    ``(B) section 455; or
                    ``(C) any other applicable provision of Federal 
                law; or
            ``(2) has otherwise engaged in conduct that undermines the 
        integrity of the Supreme Court.
    ``(b) Judicial Investigation Panel.--
            ``(1) In general.--Upon receipt or identification of a 
        complaint under subsection (a), the Supreme Court of the United 
        States shall refer such complaint to a judicial investigation 
        panel, which shall be composed of a panel of 5 judges selected 
        randomly from among the chief judge of each circuit of the 
        United States.
            ``(2) Duties.--The judicial investigation panel--
                    ``(A) shall review and, if appropriate as 
                determined by the panel, investigate all complaints 
                submitted to the panel using procedures established by 
                the panel and modeled after the procedures set forth in 
                sections 351 through 364;
                    ``(B) shall present to the Supreme Court of the 
                United States any findings and recommendations for 
                necessary and appropriate action by the Supreme Court, 
                including dismissal of the complaint, disciplinary 
                actions, or changes to Supreme Court rules or 
                procedures;
                    ``(C) if the panel does not recommend dismissal of 
                the complaint, not later than 30 days following the 
                presentation of any findings and recommendations under 
                this paragraph, shall publish a report containing such 
                findings and recommendations; and
                    ``(D) if the panel recommends dismissal of the 
                complaint, may publish any findings and recommendations 
                if the panel determines that such publication would be 
                in furtherance of the public interest.
            ``(3) Powers.--In conducting any investigation under this 
        section, the judicial investigation panel may hold hearings, 
        take sworn testimony, issue subpoenas ad testificandum and 
        subpoenas duces tecum, and make necessary and appropriate 
        orders in the exercise of its authority.
            ``(4) Access.--If the judicial investigation panel 
        determines that a substantially similar complaint was 
        previously submitted under section 351, but that such 
        substantially similar complaint was dismissed for lack of 
        authority to review or act upon such complaint, the panel shall 
        have access to any information gathered pursuant to this 
        chapter in relation to such substantially similar complaint.
            ``(5) Compensation.--The judicial investigation panel may 
        appoint and fix the compensation of such staff as it deems 
        necessary.''.
    (b) Technical and Conforming Amendment.--The table of sections for 
chapter 16 of title 28, United States Code, is amended by adding at the 
end the following:

``365. Codes of conduct.
``366. Public access to ethics rules.
``367. Complaints against justices.''.

SEC. 3. MINIMUM GIFT, TRAVEL, AND INCOME DISCLOSURE STANDARDS FOR 
              JUSTICES OF THE SUPREME COURT.

    Section 677 of title 28, United States Code, is amended by adding 
at the end the following:
    ``(e) The Counselor, with the approval of the Chief Justice, shall 
establish rules governing the disclosure of all gifts, income, or 
reimbursements, as those terms are defined in section 13101 of title 5, 
received by any justice and any law clerk to a justice. Such rules 
shall, at minimum, require disclosure of any information concerning 
gifts, income, and reimbursements required to be disclosed under the 
Standing Rules of the Senate and the Rules of the House of 
Representatives.''.

SEC. 4. CIRCUMSTANCES REQUIRING DISQUALIFICATION.

    (a) Anticorruption Protections.--Subsection (b) of section 455 of 
title 28, United States Code, is amended by adding at the end the 
following:
            ``(6) Where the justice or judge knows that a party to the 
        proceeding or an affiliate of a party to the proceeding made 
        any lobbying contact, as defined in section 3 of the Lobbying 
        Disclosure Act of 1995 (2 U.S.C. 1602), or spent substantial 
        funds in support of the nomination, confirmation, or 
        appointment of the justice or judge.
            ``(7) Where the justice or judge, their spouse, their minor 
        child, or a privately held entity owned by any such person 
        received income, a gift, or reimbursement, as those terms are 
        defined in section 13101 of title 5--
                    ``(A) from a party to the proceeding or an 
                affiliate of a party to the proceeding; and
                    ``(B) during the period beginning on the date that 
                is 6 years before the date on which the justice or 
                judge was assigned to the proceeding and ending on the 
                date of final disposition of the proceeding.''.
    (b) Duty To Know.--Subsection (c) of section 455 of title 28, 
United States Code, is amended to read as follows:
    ``(c) A justice, judge, magistrate judge, or bankruptcy judge of 
the United States shall ascertain--
            ``(1) the personal and fiduciary financial interests of the 
        justice or judge;
            ``(2) the personal financial interests of the spouse and 
        minor children residing in the household of the justice or 
        judge; and
            ``(3) any interest of the persons described in paragraph 
        (2) that could be substantially affected by the outcome of the 
        proceeding.''.
    (c) Divestment.--Subsection (f) of section 455 of title 28, United 
States Code, is amended by inserting ``under subsection (b)(4)'' after 
``disqualified''.
    (d) Duty To Notify.--Section 455 of title 28, United States Code, 
is amended by adding at the end the following:
    ``(g) If at any time a justice, judge, magistrate judge, or 
bankruptcy judge of the United States learns of a condition that could 
reasonably require disqualification under this section, the justice or 
judge shall immediately notify all parties to the proceeding.''.
    (e) Technical and Conforming Amendments.--Section 455 of title 28, 
United States Code, as amended by this section, is amended--
            (1) in the section heading, by striking ``judge, or 
        magistrate judge'' and inserting ``judge, magistrate judge, or 
        bankruptcy judge'';
            (2) in subsection (a), by striking ``judge, or magistrate 
        judge'' and inserting ``judge, magistrate judge, or bankruptcy 
        judge'';
            (3) in subsection (b)--
                    (A) in paragraph (2), by striking ``the judge or 
                such lawyer'' and inserting ``the justice, the judge, 
                or such lawyer'';
                    (B) in paragraph (5)(iii), by inserting ``justice 
                or'' before ``judge''; and
                    (C) in paragraph (5)(iv), by inserting ``justice's 
                or'' before ``judge's'';
            (4) in subsection (d)(4)(i), by inserting ``justice or'' 
        before ``judge''; and
            (5) in subsection (e), by striking ``judge, or magistrate 
        judge'' and inserting ``judge, magistrate judge, or bankruptcy 
        judge of the United States''.
    (f) Public Notice.--The rules of each court subject to section 455 
of title 28, United States Code, as amended by this section, shall be 
amended to require that the clerk shall publish timely notice on the 
website of the court of--
            (1) any matter in which a justice, judge, magistrate judge, 
        or bankruptcy judge of the United States is disqualified under 
        such section;
            (2) any matter in which the reviewing panel under section 
        1660 of title 28, United States Code, as added by section 5 of 
        this Act, rules on a motion to disqualify; and
            (3) an explanation of each reason for the disqualification 
        or ruling, which shall include a specific identification of 
        each circumstance that resulted in such disqualification or 
        ruling, but which shall not include any private or sensitive 
        information deemed by a majority of the reviewing panel under 
        section 1660 of title 28, United States Code, as added by 
        section 5 of this Act, to be appropriate for redaction and 
        unnecessary in order to provide the litigants and public a full 
        understanding of the reasons for the disqualification or 
        ruling.

SEC. 5. REVIEW OF CERTIFIED DISQUALIFICATION MOTIONS.

    (a) In General.--Chapter 111 of title 28, United States Code, is 
amended by adding at the end the following:
``Sec. 1660. Review of certified motions to disqualify
    ``(a) Motion for Disqualification.--If a justice, judge, magistrate 
judge, or bankruptcy judge of the United States is required to be 
disqualified from a proceeding under any provision of Federal law, a 
party to the proceeding may file a timely motion for disqualification, 
accompanied by a certificate of good faith and an affidavit alleging 
facts sufficient to show that disqualification of the justice, judge, 
magistrate judge, or bankruptcy judge is so required.
    ``(b) Consideration of Motion.--A justice, judge, magistrate judge, 
or bankruptcy judge of the United States shall either grant or certify 
to a reviewing panel a timely motion filed pursuant to subsection (a) 
and stay the proceeding until a final determination is made with 
respect to the motion.
    ``(c) Reviewing Panel.--
            ``(1) In general.--A reviewing panel to which a motion is 
        certified under subsection (b) with respect to a judge, 
        magistrate judge, or bankruptcy judge of the United States 
        shall be composed of 3 judges selected at random from judges of 
        the United States who do not sit on the same court--
                    ``(A) as the judge, magistrate judge, or bankruptcy 
                judge who is the subject of the motion; or
                    ``(B) as the other members of the reviewing panel.
            ``(2) Circuit limitation.--Not more than 1 member of the 
        reviewing panel may be a judge of the same judicial circuit as 
        the judge, magistrate judge, or bankruptcy judge who is the 
        subject of the motion.
            ``(3) Participation.--The reviewing panel, prior to its 
        final determination with respect to a motion filed under 
        subsection (a), shall provide the judge, magistrate judge, or 
        bankruptcy judge of the United States who is the subject of 
        such motion an opportunity to provide in writing the views of 
        the judge on the motion, including the explanation of the judge 
        for not granting the motion.
    ``(d) Supreme Court Review.--The Supreme Court of the United 
States, not including the justice who is the subject of a motion 
seeking to disqualify a justice under subsection (a), shall be the 
reviewing panel for such motions.''.
    (b) Technical and Conforming Amendment.--The table of sections for 
chapter 111 of title 28, United States Code, is amended by adding at 
the end the following:

``1660. Review of certified motions to disqualify.''.

SEC. 6. DISCLOSURE BY PARTIES AND AMICI.

    Not later than 1 year after the date of enactment of this Act, the 
Supreme Court of the United States shall prescribe rules of procedure 
in accordance with sections 2072 through 2074 of title 28, United 
States Code, requiring each party or amicus to list in the petition or 
brief of the party or amicus, as applicable, a description and value 
of--
            (1) any gift, income, or reimbursement, as those terms are 
        defined in section 13101 of title 5, United States Code, 
        provided to any justice, during the period beginning 2 years 
        prior to the commencement of the proceeding and ending on the 
        date of final disposition of the proceeding, by--
                    (A) each such party, amicus, or affiliate of each 
                such party or amicus;
                    (B) the lawyers or law firms in the proceeding of 
                each such party or amicus; and
                    (C) the officers, directors, or employees of each 
                such party or amicus; and
            (2) any lobbying contact or expenditure of substantial 
        funds by any person described in subparagraphs (A), (B), and 
        (C) of paragraph (1) in support of the nomination, 
        confirmation, or appointment of a justice.

SEC. 7. AMICUS DISCLOSURE.

    (a) In General.--Chapter 111 of title 28, United States Code, as 
amended by section 5, is amended by adding at the end the following:
``Sec. 1661. Disclosures related to amicus activities
    ``(a) Disclosure.--
            ``(1) In general.--Any person that files an amicus brief in 
        a court of the United States shall list in the amicus brief the 
        name of any person who--
                    ``(A) contributed to the preparation or submission 
                of the amicus brief;
                    ``(B) contributed not less than 3 percent of the 
                gross annual revenue of the amicus, or an affiliate of 
                the amicus, for the previous calendar year if the 
                amicus is not an individual; or
                    ``(C) contributed more than $100,000 to the amicus, 
                or an affiliate of the amicus, in the previous calendar 
                year.
            ``(2) Exceptions.--The requirements of this subsection 
        shall not apply to amounts received in commercial transactions 
        in the ordinary course of any trade or business by the amicus, 
        or an affiliate of the amicus, or in the form of investments 
        (other than investments by the principal shareholder in a 
        limited liability corporation) in an organization if the 
        amounts are unrelated to the amicus filing activities of the 
        amicus.
    ``(b) Audit.--The Director of the Administrative Office of the 
United States Courts shall conduct an annual audit to ensure compliance 
with this section.''.
    (b) Technical and Conforming Amendment.--The table of sections for 
chapter 111 of title 28, United States Code, as amended by section 5, 
is amended by adding at the end the following:

``1661. Disclosures related to amicus activities.''.

SEC. 8. CONFLICTS RELATED TO AMICI CURIAE.

    (a) In General.--Except as provided in subsection (b), the Supreme 
Court of the United States and the Judicial Conference of the United 
States shall prescribe rules of procedure in accordance with sections 
2072 through 2074 of title 28, United States Code, for prohibiting the 
filing of or striking an amicus brief that would result in the 
disqualification of a justice, judge, or magistrate judge.
    (b) Initial Transmittal.--The Supreme Court of the United States 
shall transmit to Congress--
            (1) the proposed rules required under subsection (a) not 
        later than 180 days after the date of enactment of this Act; 
        and
            (2) any rules in addition to those transmitted under 
        paragraph (1) pursuant to section 2074 of title 28, United 
        States Code.

SEC. 9. STUDIES AND REPORTS.

    (a) Studies.--
            (1) In general.--Beginning on the date that is 180 days 
        after the date of enactment of this Act, and every other year 
        thereafter, the Director of the Federal Judicial Center shall 
        conduct a study on the extent of compliance or noncompliance 
        with the requirements of sections 144 and 455 of title 28, 
        United States Code.
            (2) Additional time.--With respect to the first such study 
        required to be submitted under paragraph (1), the requirements 
        of that paragraph may be implemented after the date described 
        in that paragraph if the Director of the Federal Judicial 
        Center identifies in writing to the relevant committees of 
        Congress the additional time needed for submission of the 
        study.
            (3) Facilitation of studies.--The Director of the Federal 
        Judicial Center shall maintain a record of each instance in 
        which--
                    (A) a justice, judge, magistrate judge, or 
                bankruptcy judge of the United States was not assigned 
                to a case due to potential or actual conflicts; and
                    (B) a justice, judge, magistrate judge, or 
                bankruptcy judge of the United States disqualifies 
                themselves after a case assignment is made.
    (b) Reports to Congress.--Not later than April 1 of each year 
following the completion of the study required under subsection (a), 
the Director of the Federal Judicial Center shall submit to Congress a 
report containing the findings of the study and any recommendations to 
improve compliance with sections 144 and 455 of title 28, United States 
Code.
    (c) GAO Review.--Not later than 1 year after the date on which the 
report is submitted under subsection (b), and every 5 years thereafter, 
the Comptroller General of the United States shall submit to Congress a 
report containing--
            (1) an evaluation of the methodology and findings of the 
        study required under subsection (a); and
            (2) the audit required under section 1661 of title 28, 
        United States Code, as added by section 7 of this Act.

SEC. 10. SENSE OF CONGRESS.

    (a) Findings.--Congress finds the following:
            (1) Since Justice Clarence Thomas's nomination to the 
        Supreme Court on July 1, 1991, he has been wrongfully subject 
        to multiple racially inflammatory insults.
            (2) Racially charged and offensive remarks have been made 
        by several public figures with little to no consequence or 
        attention.
            (3) Justice Thomas has been subject to multiple racial 
        attacks merely for expressing a viewpoint that does not comport 
        with offensive stereotypes about African Americans.
            (4) On July 13, 2023, Minnesota Attorney General Keith 
        Ellison offensively likened Justice Thomas to a house slave 
        from the film Django Unchained.
            (5) On April 27, 2014, Representative Bennie Thompson of 
        Mississippi, used racially charged language to characterize 
        Justice Thomas, including by calling him an ``Uncle Tom'' and 
        refused to rescind his remarks or issue an apology during an 
        interview on April 30, 2014.
            (6) On February 14, 2023, Georgia State Senator Emanuel 
        Jones also used racially charged language to characterize 
        Justice Thomas, including by calling him an ``Uncle Tom'' 
        figure.
            (7) MSNBC host Joy Reid has cast aspersions on Justice 
        Thomas in a racially offensive manner for several years, in 
        light of her disagreement with his jurisprudence.
            (8) Justice Thomas has been subject to numerous other 
        racially charged comments and slurs from those who disagree 
        with his jurisprudence.
            (9) On July 13, 2022, more than 100 African American 
        academics and community leaders signed an open letter 
        condemning the ``barrage of racist, vicious, and ugly personal 
        attacks'' on Justice Thomas.
            (10) Racially charged insults and defamatory comments have 
        surged in the wake of recent Supreme Court decisions, in an 
        attempt to humiliate, punish, and demean Justice Thomas.
    (b) Sense of Congress.--It is the sense of Congress that Congress--
            (1) condemns all racial attacks and comments leveled 
        against any current or former justice of the Supreme Court of 
        the United States, including Justice Thomas, including those 
        likening him to an ``Uncle Tom'' figure or any other repugnant 
        stereotype;
            (2) condemns racial attacks on any government official or 
        person merely for expressing a view that some deem 
        ``conservative'';
            (3) recognizes the importance of judging a person on the 
        basis of the merits of his ideas and the content of his 
        character, rather than on the basis of offensive and derogatory 
        racial stereotypes; and
            (4) recognizes that Justice Thomas's jurisprudence does not 
        excuse racial aggression against him.
                                                       Calendar No. 199

118th CONGRESS

  1st Session

                                 S. 359

_______________________________________________________________________

                                 A BILL

To amend title 28, United States Code, to provide for a code of conduct 
 for justices of the Supreme Court of the United States, and for other 
                               purposes.

_______________________________________________________________________

                           September 5, 2023

                       Reported with an amendment