,,ii #aagth ,,congress #b;d ,session ,s4 #djaj ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,april #f1 #bjbb,mr4 ,whitehouse 7for himself and ,mr4 ,blumenthal7 introduced the following bill2 which was read twice and referred to the ,committee on the ,judiciary ,a ,,bill ,to amend title #bh1 ,united ,states ,code1 to provide for the establishment of a code of conduct for the justices of the ,supreme ,court of the ,united ,states1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the #bast ,century ,courts ,act of #bjbb4 #b4 ,code of conduct for the ,supreme ,court of the ,united ,states 7a7 ,in general ,chapter #af of title #bh1 ,united ,states ,code1 is amended by adding at the end the following3 #cfe4 ,codes of conduct 7a7 ,not later than #ahj days after the date of the enactment of this section-- 7#a7 the ,supreme ,court of the ,united ,states shall1 after appropriate public notice and opportunity for comment1 issue a code of conduct for the justices of the ,supreme ,court2 and 7#b7 the ,judicial ,conference of the ,united ,states shall issue a code of conduct for the judges of the courts of appeals1 the district courts 7including bankruptcy judges and magistrate judges71 and the ,court of ,international ,trade4 7b7 ,if the ,supreme ,court of the ,united ,states fails to comply with subsection 7a71 the code of conduct for justices of the ,supreme ,court shall consist of the ,code of ,conduct for ,united ,states ,judges1 as in effect on the date of enactment of this section4 7c7 ,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 comment4 4 7b7 ,technical and conforming amendment ,the table of sections for chapter #af of title #bh1 ,united ,states ,code1 is amended by adding at the end the following3 #cfe4 ,codes of conduct4 4 #c4 ,disqualification of ,federal judges ,section #dee of title #bh1 ,united ,states ,code1 is amended-- 7#a7 in subsection 7a71 by inserting bankruptcy judge1 after judge12 7#b7 in subsection 7b71 by adding at the end the following3 7#f7 ,where the justice1 judge bankruptcy judge1 or magistrate judge of the ,united ,states received1 during the #f-year period ending on the date on which the judge was assigned to the proceeding1 income1 a gift1 or reimbursement required to be reported under section #ajb of the ,ethics in ,government ,act of #aigh 7#e ,u4,s4,c4 ,app47 from a party to the proceeding1 a lawyer in the proceeding1 an individual employed in a supervisory capacity by a party or law firm in the proceeding1 or an affiliate of a party or law firm in the proceeding4 7#g7 ,where a party to the proceeding1 a lawyer in the proceeding1 an individual employed in a supervisory capacity by a party or law firm in the proceeding1 or an affiliate of a party or law firm in the proceeding made any lobbying contact or spent substantial funds in support of the nomination1 confirmation1 or appointment of the justice1 judge1 bankruptcy judge1 or magistrate judge of the ,united ,states4 7#h7 ,where the justice1 judge1 bankruptcy judge1 or magistrate judge of the ,united ,states1 their spouse1 child1 or spouse of their child has1 during the #f-year period ending on the date on which the justice1 judge1 bankruptcy judge1 or magistrate judge of the ,united ,states was assigned to the proceeding-- 7,a7 received income1 a gift1 or reimbursement required to be reported under section #ajb of the ,ethics in ,government ,act of #aigh 7#e ,u4,s4,c4 ,app47 from1 or been employed or volunteered for more than #f consecutive months in an official supervisory or advisory capacity for a party to the proceeding1 a lawyer in the proceeding1 or an affiliate of a party or law firm in the proceeding2 or 7,b7 been employed or volunteered for more than #f consecutive months in an official supervisory or advisory capacity alongside a lawyer in the proceeding4 2 7#c7 by striking subsection 7c7 and inserting the following3 7c7 ,a justice1 judge1 bankruptcy judge1 or magistrate judge of the ,united ,states shall be informed about-- 7#a7 the personal and fiduciary financial interests of the justice1 judge1 bankruptcy judge1 or magistrate judge of the ,united ,states2 7#b7 the personal financial interests of the spouse and minor children residing in the household of the justice1 judge1 bankruptcy judge1 or magistrate judge of the ,united ,states2 and 7#c7 any interest that could be substantially affected by the outcome of the proceeding4 2 7#d7 in subsection 7d7-- 7,a7 in paragraph 7#d7-- 7i7 in clause 7iii71 by inserting and at the end2 and 7ii7 in clause 7iv71 by striking the period at the end and inserting a semicolon2 and 7,b7 by adding at the end the following3 7#e7 official supervisory or advisory capacity includes acting as a director1 officer1 trustee1 or any other equivalent position2 7#f7 affiliate means an entity that effectively controls or is controlled by another entity or is associated with another entity under common ownership or control1 regardless of tax status or corporate form4 ,whether an entity is an affiliate of another shall be determined under the totality of the circumstances1 including-- 7,a7 whether the entities share employees1 board members1 or officers2 7,b7 whether the entities share facilities or mailing addresses2 7,c7 whether the entities are related organizations1 as defined by the ,internal ,revenue ,service2 and 7,d7 any indicia that the #b entities are alter egos or otherwise effectively the same organization regardless of tax status or corporate form2 7#g7 substantial funds means an amount of money that a reasonable person would consider to be significant based on the totality of circumstances1 including-- 7,a7 the proportion of funds spent relative to the revenues or expenditures of the individual or entity2 7,b7 the proportion of funds spent relative to other known spending in support of the nomination1 confirmation1 or appointment of the justice1 judge1 bankruptcy judge1 or magistrate judge of the ,united ,states2 and 7,c7 any other objective indicia of the significance of the financial support of the individual or entity for the nomination1 confirmation1 or appointment of the justice1 judge1 bankruptcy judge1 or magistrate judge of the ,united ,states4 2 7#e7 in subsection 7e7-- 7,a7 by adding bankruptcy judge1 after judge12 7,b7 in the first sentence1 by inserting 1 unless the ground for disqualification arises under paragraph 7#g7 of that subsection before the period at the end2 and 7,c7 after the second sentence1 by adding ,where the ground for disqualification arises only under subsection 7b77#g71 waiver may be accepted only if offered by all parties to the proceeding42 7#f7 in subsection 7f71 by inserting under subsection 7b77#d7 after disqualified2 and 7#g7 by adding at the end the following3 7g7 ,if a justice1 judge1 bankruptcy judge1 or magistrate judge learns that a condition requiring disqualification under this section is present1 the justice1 judge1 bankruptcy judge1 or magistrate judge shall-- 7#a7 immediately notify all parties to the proceeding2 and 7#b7 include the notification required under paragraph 7#a7 in the official record of the proceeding4 7h7 7#a7 ,a justice1 judge1 bankruptcy judge1 or magistrate judge shall grant or certify to a reviewing panel a timely motion filed by a party to the proceeding that is accompanied by a certificate of good faith and an affidavit alleging facts sufficient to show that disqualification of the justice1 judge1 bankruptcy judge1 or magistrate judge is required under this section or any other ,federal law4 7#b7 ,a reviewing panel described in paragraph 7#a7 shall be selected at random from judges of the ,united ,states who do not sit on the same court as the judge1 bankruptcy judge1 or magistrate judge who is the subject of the motion or as the other members of the reviewing panel4 ,no more than #a member of the reviewing panel may be a judge of the same judicial circuit as the judge1 bankruptcy judge1 or magistrate judge who is the subject of the motion4 7#c7 ,the ,supreme ,court of the ,united ,states shall be the reviewing panel for a motion seeking to disqualify a justice4 7i7 ,the clerk of the applicable court shall publish timely notice on the website of the court of-- 7#a7 any matter in which a justice1 judge1 bankruptcy judge1 or magistrate judge of the ,united ,states disqualifies is disqualified under this section2 7#b7 in the case of any matter in which the reviewing panel under subsection 7h7 rules on a motion to disqualify2 and 7#c7 an explanation of each reason for the disqualification or ruling1 which shall include a specific identification of each circumstance that resulted in disqualification4 4 #d4 ,conflicts related to amici curiae 7a7 ,in general ,exception as provided in subsection 7b71 the ,supreme ,court of the ,united ,states and the ,judicial ,conference of the ,united ,states shall prescribe rules of procedure in accordance with sections #bjgb through #bjgd of title #bh1 ,united ,states ,code1 for prohibiting the filing of or striking an amicus brief that would result in the disqualification of a justice1 judge1 or magistrate judge4 7b7 ,initial transmittal ,the ,supreme ,court of the ,united ,states shall transmit to ,congress-- 7#a7 the proposed rules required under subsection 7a7 not later than #ahj days after the date of enactment of this ,act2 and 7#b7 any rules in addition to those transmitted under paragraph 7#a7 pursuant to section #bjgd of title #bh1 ,united ,states ,code4 #e4 ,amicus disclosure 7a7 ,in general ,chapter #aaa of title #bh1 ,united ,states ,code1 is amended by adding at the end the following3 #affj4 ,disclosures related to amicus activities 7a7 ,definition ,in this section1 the term covered amicus means any person1 including any affiliate of the person1 that files an amicus brief in a calendar year in the ,supreme ,court of the ,united ,states or a court of appeals of the ,united ,states4 7b7 ,disclosure 7#a7 ,in general ,any covered amicus that files an amicus brief in the ,supreme ,court of the ,united ,states or a court of appeals of the ,united ,states shall list in the amicus brief the name of any person who-- 7,a7 contributed to the preparation or submission of the amicus brief2 7,b7 contributed not less than #c percent of the gross annual revenue of the covered amicus for the previous calendar year if the covered amicus is not an individual2 or 7,c7 contributed more than #ajj1jjj to the covered amicus in the previous calendar year4 7#b7 ,exceptions ,the requirements of this subsection shall not apply to amounts received by a covered amicus described in paragraph 7#a7 in commercial transactions in the ordinary course of any trade or business conducted by the covered amicus or in the form of investments 7other than investments by the principal shareholder in a limited liability corporation7 in an organization if the amounts are unrelated to the amicus filing activities of the covered amicus4 7c7 ,audit ,the ,comptroller ,general of the ,united ,states shall conduct an annual audit to ensure compliance with this section4 7d7 ,prohibition on provision of gifts or travel by covered amici to judges and justices 7#a7 ,in general ,except as provided in paragraph 7#b71 no covered amicus may make a gift or provide travel to a judge of a court of appeals of the ,united ,states1 the ,chief ,justice of the ,united ,states1 or an associate justice of the ,supreme ,court of the ,united ,states4 7#b7 ,reimbursement for travel for appearances at accredited law schools ,paragraph 7#a7 shall not apply to reimbursement for travel for an appearance at an accredited law school4 7e7 ,civil fines ,whoever knowingly fails to comply with any provision of this section shall1 upon proof of such knowing violation by a preponderance of the evidence1 be subject to a civil fine of not more than #bjj1jjj1 depending on the extent and gravity of the violation4 7f7 ,rules of construction 7#a7 ,constitutional rights ,nothing in this section shall be construed to prohibit or interfere with-- 7,a7 the right to petition the ,government for the redress of grievances2 7,b7 the right to express a personal opinion2 or 7,c7 the right of association1 protected by the ,first ,amendment to the ,constitution of the ,united ,states4 7#b7 ,prohibition of activities ,nothing in this section shall be construed to prohibit1 or to authorize any court to prohibit1 amicus activities by any person or entity1 regardless of whether such person or entity is in compliance with the requirements of this section4 7g7 ,severability ,if any provision of this section1 or the application thereof1 is held invalid1 the validity of the remainder of this section and the application of such provision to other persons and circumstances shall not be affected thereby4 4 7b7 ,technical and conforming amendment ,the table of sections for chapter #aaa of title #bh1 ,united ,states ,code1 is amended by adding at the end the following3 #affj4 ,disclosures related to amicus activities4 4 #f4 ,judicial travel 7a7 ,disclosures regarding travel-,related reimbursements 7#a7 ,in general ,section #ajb7;a77#b77;,b7 of the ,ethics in ,government ,act of #aigh 7#e ,u4,s4,c4 ,app47 is amended-- 7,a7 by striking source and a brief and inserting source1 and a brief2 7,b7 by inserting 1 including the value1 before of reimbursements2 and 7,c7 by striking greater and received and inserting greater1 received4 7#b7 ,periodic reports ,section #ajc of the ,ethics in ,government ,act of #aigh 7#e ,u4,s4,c4 ,app47 is amended by adding at the end the following3 7m7 7#a7 ,not later than #cj days after completing travel in connection with which a judicial officer receives1 or will receive1 a reimbursement required to be reported under section #ajb7;a77#b77;,b71 the judicial officer shall file a report regarding the reimbursement4 7#b7 ,the ,administrative ,office of the ,united ,states ,courts shall publish on a website of the ,federal judiciary each report filed under paragraph 7#a74 4 7b7 ,definition of personal hospitality of an individual 7#a7 ,in general ,section #aji7ad7 of the ,ethics in ,government ,act of #aigh 7#e ,u4,s4,c4 ,app47 is amended-- 7,a7 by striking any individual' means and inserting the following3 8an individual'-- 7,a7 means 2 7,b7 in subparagraph 7,a7 7as so designated7-- 7i7 by striking his family each place it appears and inserting the family of the individual2 and 7ii7 by adding and after the semicolon2 and 7,c7 by adding at the end the following3 7,b7 with respect to a judicial officer1 does not include-- 7i7 private travel on a boat or airplane owned by an individual if that travel is substituting for commercial transportation2 7ii7 any food1 lodging1 or entertainment provided by an individual who has 7or owns or controls an entity that has7 a matter pending before the court on which the judicial officer serves or before a court the decisions of which may be appealed to the court on which the judicial officer serves2 7iii7 lodging at a residence or other property that is rented to others by the individual providing the hospitality2 7iv7 hospitality provided by an individual at-- 7,i7 a restaurant1 nightclub1 resort1 hotel1 or other commercial establishment2 or 7,,ii7 a private club of which the individual is a paying member2 7v7 hospitality extended by an individual1 the cost of which is paid for by a corporation or organization1 including a corporation or organization that is not less than #aj-percent owned by the individual2 or 7vi7 hospitality extended by an individual1 the cost of which is reimbursed to the individual by any third party4 4 7#b7 ,certification regarding lack of reimbursement ,section #ajb7;a77#b7 of the ,ethics in ,government ,act of #aigh 7#e ,u4,s4,c4 ,app47 is amended-- 7,a7 in subparagraph 7,a71 by striking ,the identity and inserting ,subject to subparagraphs 7,c7 and 7,d71 the identity2 and 7,b7 by adding at the end the following3 7,d7 ,a judicial officer who receives food1 lodging1 or entertainment that is exempted under subparagraph 7,a7 from being reported as being food1 lodging1 or entertainment received as personal hospitality of an individual shall include in the report covering the period during which the food1 lodging1 or entertainment was received a certification that the cost of the food1 lodging1 or entertainment was not reimbursed by any third party4 4 #g4 ,financial conflicts of interest ,section #bjh of title #ah1 ,united ,states ,code1 is amended by inserting after ,government employee11 or an officer or employee of the judicial branch of the ,united ,states ,government14 #h4 ,video recording of court proceedings 7a7 ,courts of appeals 7#a7 ,in general ,chapter #c of title #bh1 ,united ,states ,code1 is amended by adding at the end the following3 #ej4 ,internet publication of certain video recordings 7a7 ,in general ,the open proceedings of each hearing of a court of appeals shall be made available by video for public transmission over the internet-- 7#a7 to the extent practicable1 in real time during such hearing2 and 7#b7 for not fewer than #e years after the date on which the hearing concludes4 7b7 ,copyright protection not available ,an audio or video recording created pursuant to the requirement under this section shall be considered a work of the ,united ,states ,government for purposes of section #aje of title #ag4 4 7#b7 ,technical and conforming amendment ,the table of sections for chapter #c of title #bh1 ,united ,states ,code1 is amended by adding at the end the following3 #ej4 ,internet publication of certain video recordings4 4 7b7 ,supreme ,court of the ,united ,states 7#a7 ,in general ,chapter #a of title #bh1 ,united ,states ,code1 is amended by adding at the end the following3 #g4 ,internet publication of certain video recordings 7a7 ,in general ,each oral argument and reading of an opinion before the ,supreme ,court of the ,united ,states shall be made available by video for public transmission over the internet-- 7#a7 on the day of such oral argument and reading2 and 7#b7 in real time during such oral argument and opinion reading4 7b7 ,copyright protection not available ,an recording created pursuant to the requirement under this section shall be considered a work of the ,united ,states ,government for purposes of section #aje of title #ag4 4 7#b7 ,technical and conforming amendment ,the table of sections for chapter #a of title #bh1 ,united ,states ,code1 is amended by adding at the end the following3 #g4 ,internet publication of certain video recordings4 4 #i4 ,restrictions on sealed court filings 7a7 ,in general ,chapter #aaa of title #bh1 ,united ,states ,code1 as amended by section #e of this ,act1 is amended by adding at the end the following3 #affa4 ,restrictions on sealing judicial records 7a7 ,in general ,unless otherwise provided by law1 no court may seal any judicial record or any part of a judicial record unless-- 7#a7 the court finds that a compelling interest justifies abridging the right of public access to the judicial record or the part of the judicial record2 7#b7 the findings and conclusions of the court are specific to each judicial record or each part of a judicial record2 7#c7 the seal is narrowly tailored and lasts no longer than necessary2 and 7#d7 the public has been given notice and opportunity to challenge the seal4 7b7 ,rules 7#a7 ,in general ,except as provided in paragraph 7#b71 the ,supreme ,court of the ,united ,states and the ,judicial ,conference of the ,united ,states shall prescribe rules of procedure in accordance with sections #bjgb through #bjgd to ensure that disinterested members of the public have a simplified and inexpensive process to contest a motion to seal a judicial record1 to appeal an order sealing a judicial record1 and to request that a judicial record be unsealed4 ,no local rule of procedure may be less protective of the right of public access to judicial records than the rules prescribed under this subsection4 ,such rules shall be prescribed and submitted to the ,congress pursuant to sections4 7#b7 ,initial transmittal ,the ,supreme ,court of the ,united ,states shall transmit to ,congress-- 7,a7 the proposed rules required under paragraph 7#a7 not later than #a year after the date of enactment of this section2 and 7,b7 any rules in addition to those transmitted under paragraph 7#a7 pursuant to section #bjgd of title #bh1 ,united ,states ,code4 7c7 ,rules of construction ,nothing in this section may be construed to-- 7#a7 abolish1 diminish1 or infringe upon any right1 responsibility1 or remedy provided by the ,constitution of the ,united ,states or any other law2 7#b7 relieve a court of any part of the independent duty of the court to enforce the right of public access to judicial records2 or 7#c7 abrogate any rule of law that is more or additionally protective of the right of public access to judicial records4 4 7b7 ,technical and conforming amendment ,the table of sections for chapter #aaa of title #bh1 ,united ,states ,code1 as amended by section #e of this ,act1 is amended by adding at the end the following3 #affa4 ,restrictions on sealing judicial records4 4 #aj4 ,studies by the ,federal ,judicial ,center 7a7 ,in general ,not later than ,december #ca1 #bjbb1 and every other year thereafter1 the ,federal ,judicial ,center shall conduct a study of the extent of compliance or noncompliance with the requirements of sections #add and #dee of title #bh1 ,united ,states ,code1 as amended by section #c of this ,act4 7b7 ,reports to ,congress ,not later than ,april #a of each year following the completion of the study required under subsection 7a7-- 7#a7 the ,federal ,judicial ,center-- 7,a7 shall submit to ,congress a report containing the findings of the study2 and 7,b7 may submit to ,congress recommendations to improve the compliance by the ,federal judiciary with the requirements of sections #add and #dee of title #bh1 ,united ,states ,code1 as amended by section #c of this ,act2 and 7#b7 the ,comptroller ,general of the ,united ,states shall submit to ,congress a report containing an evaluation of the methodology and findings of the study4 7c7 ,facilitation of studies ,in order to facilitate the studies required under subsection 7a7-- 7#a7 the ,judicial ,conference of the ,united ,states shall maintain a record of each instance in which a justice1 judge1 bankruptcy judge1 or magistrate judge was not assigned to a case due to potential or actual conflicts indicated on a conflicts sheet2 and 7#b7 the clerk of each court shall maintain and include in the relevant case docket a record of each instance in which a justice1 judge1 bankruptcy judge1 or magistrate judge disqualifies after a case assignment is made4