[Congressional Record Volume 172, Number 48 (Tuesday, March 17, 2026)]
[Senate]
[Pages S1101-S1103]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SA 4408. Mr. WHITEHOUSE submitted an amendment intended to be
proposed by him to the bill S. 1383, to establish the Veterans Advisory
Committee on Equal Access, and for other purposes; which was ordered to
lie on the table; as follows:
Strike all after the enacting clause and insert the
following:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Supreme Court Ethics,
Recusal, and Transparency Act of 2026''.
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.--
``(1) In general.--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--
``(A) has violated--
``(i) the code of conduct issued pursuant to section
365(a);
``(ii) section 455; or
``(iii) any other applicable provision of Federal law; or
``(B) has otherwise engaged in conduct that undermines the
integrity of the Supreme Court.
``(2) Procedures.--Procedures established under this
subsection shall, at minimum, contain provisions--
``(A) requiring that all complaints submitted under this
section contain--
``(i) the signature and contact address of the complainant;
``(ii) a concise statement of the specific facts on which
the claim of misconduct is based; and
``(iii) a sworn affirmation that to the best of the
knowledge and belief of the complainant, under penalty of
perjury, the facts alleged in the complaint are true and form
a reasonable basis to believe a justice has committed
misconduct under this section; and
``(B) providing for the restriction on the future filing of
complaints with respect to complainants who are shown to have
filed repetitive, harassing, or frivolous complaints, or have
otherwise abused the complaint procedure.
``(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 AND 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 acceptance of
gifts and 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, and
restrict the acceptance of gifts, and require processes for
written approval of certain gifts, to the same extent as
restricted or required 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
[[Page S1102]]
``(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.--Not later than the date that is 180 days
after the date of enactment of this Act, and not later than
December 1 of every other year thereafter, the Director of
the Federal Judicial Center shall--
(A) conduct a study on the extent of compliance or
noncompliance with the requirements of sections 144 and 455
of title 28, United States Code; and
(B) submit to Congress the results of the study required
under subparagraph (A).
(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
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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.--
(1) In general.--Not later than 1 year after the date on
which the report is submitted under subsection (b), if
determined appropriate by the Committee on the Judiciary of
the Senate or the Committee on the Judiciary of the House of
Representatives, after consultation with the Comptroller
General of the United States, and every 5 years thereafter,
the Comptroller General of the United States shall submit to
Congress a report containing--
(A) an review of the methodology and findings of the study
required under subsection (a); and
(B) a review of the methodology and findings of the audit
required under section 1661 of title 28, United States Code,
as added by section 7 of this Act.
(2) Access.--For purposes of conducting the reviews
required under paragraph (1), and consistent with section 715
of title 31, United States Code, the Comptroller General of
the United States is authorized to obtain such records of the
Federal Judicial Center and the Administrative Office of the
United States Courts as the Comptroller requires, including
those records relating to the Supreme Court of the United
States.
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