,i #aaith ,,congress #ast ,session ,h4 ,r4 #ceac ,,in ,,the ,,house ,,of ,,representatives ,may #bj1 #bjbe,mr4 ,johnson of ,georgia 7for himself1 ,ms4 ,brownley1 ,mr4 ,carson1 ,ms4 ,dean of ,pennsylvania1 ,mr4 ,doggett1 ,mr4 ,fields1 ,mr4 ,foster1 ,mr4 ,frost1 ,mr4 ,goldman of ,new ,york1 ,ms4 ,lee of ,pennsylvania1 ,mr4 ,lieu1 ,ms4 ,mc,clellan1 ,mr4 ,min1 ,mr4 ,nadler1 ,ms4 ,norton1 ,ms4 ,pingree1 ,mrs4 ,ramirez1 ,mr4 ,raskin1 ,ms4 ,ross1 ,ms4 ,scanlon1 ,ms4 ,sherrill1 ,mr4 ,stanton1 ,mr4 ,swalwell1 ,mr4 ,thompson of ,mississippi1 ,ms4 ,tokuda1 ,mr4 ,vargas1 ,ms4 ,craig1 ,ms4 ,pressley1 and ,mr4 ,neguse7 introduced the following bill2 which was referred to the ,committee on the ,judiciary ,a ,,bill ,to amend title #bh1 ,united ,states ,code1 to provide for a code of conduct for justices of the ,supreme ,court of the ,united ,states1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,supreme ,court ,ethics1 ,recusal1 and ,transparency ,act of #bjbe4 #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 ,justices ,not later than #ahj days after the date of enactment of this section1 the ,supreme ,court of the ,united ,states shall1 after appropriate public notice and opportunity for comment in accordance with section #bjga1 issue a code of conduct for the justices of the ,supreme ,court4 7b7 ,other judges ,not later than #ahj days after the date of enactment of this section1 the ,judicial ,conference of the ,united ,states shall1 after appropriate public notice and opportunity for comment in accordance with section #bjga1 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 7c7 ,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 #bjga4 #cff4 ,public access to ethics rules ,the ,supreme ,court of the ,united ,states shall make available on its internet website1 in a full-text1 searchable1 sortable1 and downloadable format1 copies of the code of conduct issued under section #cfe7;a71 any rules established by the ,counselor to the ,chief ,justice of the ,united ,states under section #fgg and any other related rules or resolutions1 as determined by the ,chief ,justice of the ,united ,states1 issued by the ,counselor to the ,chief ,justice of the ,united ,states or agreed to by the justices of the ,supreme ,court4 #cfg4 ,complaints against justices 7a7 ,receipt of complaints 7#a7 ,in general ,not later than #ahj days after the date of enactment of this section1 the ,supreme ,court of the ,united ,states shall establish procedures1 modeled after the procedures set forth in sections #cea through #cfd1 under which individuals may file with the ,court1 or the ,court may identify1 complaints alleging that a justice of the ,supreme ,court-- 7,a7 has violated-- 7i7 the code of conduct issued pursuant to section #cfe7;a72 7ii7 section #dee2 or 7iii7 any other applicable provision of ,federal law2 or 7,b7 has otherwise engaged in conduct that undermines the integrity of the ,supreme ,court4 7#b7 ,procedures ,procedures established under this subsection shall1 at minimum1 contain provisions-- 7,a7 requiring that all complaints submitted under this section contain-- 7i7 the signature and contact address of the complainant2 7ii7 a concise statement of the specific facts on which the claim of misconduct is based2 and 7iii7 a sworn affirmation that to the best of the knowledge and belief of the complainant1 under penalty of perjury1 the facts alleged in the complaint are true and form a reasonable basis to believe a justice has committed misconduct under this section2 and 7,b7 providing for the restriction on the future filing of complaints with respect to complainants who are shown to have filed repetitive1 harassing1 or frivolous complaints1 or have otherwise abused the complaint procedure4 7b7 ,judicial investigation panel 7#a7 ,in general ,upon receipt or identification of a complaint under subsection 7a71 the ,supreme ,court of the ,united ,states shall refer such complaint to a judicial investigation panel1 which shall be composed of a panel of #e judges selected randomly from among the chief judge of each circuit of the ,united ,states4 7#b7 ,duties ,the judicial investigation panel-- 7,a7 shall review and1 if appropriate as determined by the panel1 investigate all complaints submitted to the panel using procedures established by the panel and modeled after the procedures set forth in sections #cea through #cfd2 7,b7 shall present to the ,supreme ,court of the ,united ,states any findings and recommendations for necessary and appropriate action by the ,supreme ,court1 including dismissal of the complaint1 disciplinary actions1 or changes to ,supreme ,court rules or procedures2 7,c7 if the panel does not recommend dismissal of the complaint1 not later than #cj days following the presentation of any findings and recommendations under this paragraph1 shall publish a report containing such findings and recommendations2 and 7,d7 if the panel recommends dismissal of the complaint1 may publish any findings and recommendations if the panel determines that such publication would be in furtherance of the public interest4 7#c7 ,powers ,in conducting any investigation under this section1 the judicial investigation panel may hold hearings1 take sworn testimony1 issue subpoenas ad testificandum and subpoenas duces tecum1 and make necessary and appropriate orders in the exercise of its authority4 7#d7 ,access ,if the judicial investigation panel determines that a substantially similar complaint was previously submitted under section #cea1 but that such substantially similar complaint was dismissed for lack of authority to review or act upon such complaint1 the panel shall have access to any information gathered pursuant to this chapter in relation to such substantially similar complaint4 7#e7 ,compensation ,the judicial investigation panel may appoint and fix the compensation of such staff as it deems necessary4 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 #cff4 ,public access to ethics rules4 #cfg4 ,complaints against justices4 4 #c4 ,minimum gift and disclosure standards for justices of the ,supreme ,court ,section #fgg of title #bh1 ,united ,states ,code1 is amended by adding at the end the following3 7e7 ,the ,counselor1 with the approval of the ,chief ,justice1 shall establish rules governing the acceptance of gifts and the disclosure of all gifts1 income1 or reimbursements1 as those terms are defined in section #acaja of title #e1 received by any justice and any law clerk to a justice4 ,such rules shall1 at minimum1 require disclosure of any information concerning gifts1 income1 and reimbursements required to be disclosed under the ,standing ,rules of the ,senate and the ,rules of the ,house of ,representatives1 and restrict the acceptance of gifts1 and require processes for written approval of certain gifts1 to the same extent as restricted or required under the ,standing ,rules of the ,senate and the ,rules of the ,house of ,representatives4 4 #d4 ,circumstances requiring disqualification 7a7 ,anticorruption protections ,subsection 7b7 of section #dee of title #bh1 ,united ,states ,code1 is amended by adding at the end the following3 7#f7 ,where the justice or judge knows that a party to the proceeding or an affiliate of a party to the proceeding made any lobbying contact1 as defined in section #c of the ,lobbying ,disclosure ,act of #aiie 7#b ,u4,s4,c4 #afjb71 or spent substantial funds in support of the nomination1 confirmation1 or appointment of the justice or judge4 7#g7 ,where the justice or judge1 their spouse1 their minor child1 or a privately held entity owned by any such person received income1 a gift1 or reimbursement1 as those terms are defined in section #acaja of title #e-- 7,a7 from a party to the proceeding or an affiliate of a party to the proceeding2 and 7,b7 during the period beginning on the date that is #f 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 proceeding4 4 7b7 ,duty ,to know ,subsection 7c7 of section #dee of title #bh1 ,united ,states ,code1 is amended to read as follows3 7c7 ,a justice1 judge1 magistrate judge1 or bankruptcy judge of the ,united ,states shall ascertain-- 7#a7 the personal and fiduciary financial interests of the justice or judge2 7#b7 the personal financial interests of the spouse and minor children residing in the household of the justice or judge2 and 7#c7 any interest of the persons described in paragraph 7#b7 that could be substantially affected by the outcome of the proceeding4 4 7c7 ,divestment ,subsection 7f7 of section #dee of title #bh1 ,united ,states ,code1 is amended by inserting under subsection 7b77#d7 after disqualified4 7d7 ,duty ,to notify ,section #dee of title #bh1 ,united ,states ,code1 is amended by adding at the end the following3 7g7 ,if at any time a justice1 judge1 magistrate judge1 or bankruptcy judge of the ,united ,states learns of a condition that could reasonably require disqualification under this section1 the justice or judge shall immediately notify all parties to the proceeding4 4 7e7 ,technical and conforming amendments ,section #dee of title #bh1 ,united ,states ,code1 as amended by this section1 is amended-- 7#a7 in the section heading1 by striking judge1 or magistrate judge and inserting judge1 magistrate judge1 or bankruptcy judge2 7#b7 in subsection 7a71 by striking judge1 or magistrate judge and inserting judge1 magistrate judge1 or bankruptcy judge2 7#c7 in subsection 7b7-- 7,a7 in paragraph 7#b71 by striking the judge or such lawyer and inserting the justice1 the judge1 or such lawyer2 7,b7 in paragraph 7#e77;iii71 by inserting justice or before judge2 and 7,c7 in paragraph 7#e77;iv71 by inserting justice's or before judge's2 7#d7 in subsection 7d77#d77;i71 by inserting justice or before judge2 and 7#e7 in subsection 7e71 by striking judge1 or magistrate judge and inserting judge1 magistrate judge1 or bankruptcy judge of the ,united ,states4 7f7 ,public notice ,the rules of each court subject to section #dee of title #bh1 ,united ,states ,code1 as amended by this section1 shall be amended to require that the clerk shall publish timely notice on the website of the court of-- 7#a7 any matter in which a justice1 judge1 magistrate judge1 or bankruptcy judge of the ,united ,states is disqualified under such section2 7#b7 any matter in which the reviewing panel under section #affj of title #bh1 ,united ,states ,code1 as added by section #e of this ,act1 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 such disqualification or ruling1 but which shall not include any private or sensitive information deemed by a majority of the reviewing panel under section #affj of title #bh1 ,united ,states ,code1 as added by section #e of this ,act1 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 ruling4 #e4 ,review of certified disqualification motions 7a7 ,in general ,chapter #aaa of title #bh1 ,united ,states ,code1 is amended by adding at the end the following3 #affj4 ,review of certified motions to disqualify 7a7 ,motion for disqualification ,if a justice1 judge1 magistrate judge1 or bankruptcy judge of the ,united ,states is required to be disqualified from a proceeding under any provision of ,federal law1 a party to the proceeding may file a timely motion for disqualification1 accompanied by a certificate of good faith and an affidavit alleging facts sufficient to show that disqualification of the justice1 judge1 magistrate judge1 or bankruptcy judge is so required4 7b7 ,consideration of motion ,a justice1 judge1 magistrate judge1 or bankruptcy judge of the ,united ,states shall either grant or certify to a reviewing panel a timely motion filed pursuant to subsection 7a7 and stay the proceeding until a final determination is made with respect to the motion4 7c7 ,reviewing panel 7#a7 ,in general ,a reviewing panel to which a motion is certified under subsection 7b7 with respect to a judge1 magistrate judge1 or bankruptcy judge of the ,united ,states shall be composed of #c judges selected at random from judges of the ,united ,states who do not sit on the same court-- 7,a7 as the judge1 magistrate judge1 or bankruptcy judge who is the subject of the motion2 or 7,b7 as the other members of the reviewing panel4 7#b7 ,circuit limitation ,not more than #a member of the reviewing panel may be a judge of the same judicial circuit as the judge1 magistrate judge1 or bankruptcy judge who is the subject of the motion4 7#c7 ,participation ,the reviewing panel1 prior to its final determination with respect to a motion filed under subsection 7a71 shall provide the judge1 magistrate judge1 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 motion1 including the explanation of the judge for not granting the motion4 7d7 ,supreme ,court review ,the ,supreme ,court of the ,united ,states1 not including the justice who is the subject of a motion seeking to disqualify a justice under subsection 7a71 shall be the reviewing panel for such motions4 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 ,review of certified motions to disqualify4 4 #f4 ,disclosure by parties and amici ,not later than #a year after the date of enactment of this ,act1 the ,supreme ,court of the ,united ,states shall prescribe rules of procedure in accordance with sections #bjgb through #bjgd of title #bh1 ,united ,states ,code1 requiring each party or amicus to list in the petition or brief of the party or amicus1 as applicable1 a description and value of-- 7#a7 any gift1 income1 or reimbursement1 as those terms are defined in section #acaja of title #e1 ,united ,states ,code1 provided to any justice1 during the period beginning #b years prior to the commencement of the proceeding and ending on the date of final disposition of the proceeding1 by-- 7,a7 each such party1 amicus1 or affiliate of each such party or amicus2 7,b7 the lawyers or law firms in the proceeding of each such party or amicus2 and 7,c7 the officers1 directors1 or employees of each such party or amicus2 and 7#b7 any lobbying contact or expenditure of substantial funds by any person described in subparagraphs 7,a71 7,b71 and 7,c7 of paragraph 7#a7 in support of the nomination1 confirmation1 or appointment of a justice4 #g4 ,amicus disclosure 7a7 ,in general ,chapter #aaa of title #bh1 ,united ,states ,code1 as amended by section #e1 is amended by adding at the end the following3 #affa4 ,disclosures related to amicus activities 7a7 ,disclosure 7#a7 ,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-- 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 amicus1 or an affiliate of the amicus1 for the previous calendar year if the amicus is not an individual2 or 7,c7 contributed more than #ajj1jjj to the amicus1 or an affiliate of the amicus1 in the previous calendar year4 7#b7 ,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 amicus1 or an affiliate of the amicus1 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 amicus4 7b7 ,audit ,the ,director of the ,administrative ,office of the ,united ,states ,courts shall conduct an annual audit to ensure compliance with this section4 4 7b7 ,technical and conforming amendment ,the table of sections for chapter #aaa of title #bh1 ,united ,states ,code1 as amended by section #e1 is amended by adding at the end the following3 #affa4 ,disclosures related to amicus activities4 4 #h4 ,conflicts related to amici curiae 7a7 ,in general ,except 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 #i4 ,studies and reports 7a7 ,studies 7#a7 ,in general ,not later than the date that is #ahj days after the date of enactment of this ,act1 and not later than ,december #a of every other year thereafter1 the ,director of the ,federal ,judicial ,center shall-- 7,a7 conduct a study on the extent of compliance or noncompliance with the requirements of sections #add and #dee of title #bh1 ,united ,states ,code2 and 7,b7 submit to ,congress the results of the study required under subparagraph 7,a74 7#b7 ,additional time ,with respect to the first such study required to be submitted under paragraph 7#a71 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 study4 7#c7 ,facilitation of studies ,the ,director of the ,federal ,judicial ,center shall maintain a record of each instance in which-- 7,a7 a justice1 judge1 magistrate judge1 or bankruptcy judge of the ,united ,states was not assigned to a case due to potential or actual conflicts2 and 7,b7 a justice1 judge1 magistrate judge1 or bankruptcy judge of the ,united ,states disqualifies themselves after a case assignment is made4 7b7 ,reports to ,congress ,not later than ,april #a of each year following the completion of the study required under subsection 7a71 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 #add and #dee of title #bh1 ,united ,states ,code4 7c7 ,,gao review 7#a7 ,in general ,not later than #a year after the date on which the report is submitted under subsection 7b71 if determined appropriate by the ,committee on the ,judiciary of the ,senate or the ,committee on the ,judiciary of the ,house of ,representatives1 after consultation with the ,comptroller ,general of the ,united ,states1 and every #e years thereafter1 the ,comptroller ,general of the ,united ,states shall submit to ,congress a report containing-- 7,a7 an review of the methodology and findings of the study required under subsection 7a72 and 7,b7 a review of the methodology and findings of the audit required under section #affa of title #bh1 ,united ,states ,code1 as added by section #g of this ,act4 7#b7 ,access ,for purposes of conducting the reviews required under paragraph 7#a71 and consistent with section #gae of title #ca1 ,united ,states ,code1 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 requires1 including those records relating to the ,supreme ,court of the ,united ,states4