II 

118TH CONGRESS 

2D SESSION S. 5229 

To reorganize the Federal judiciary, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

SEPTEMBER 25, 2024 

Mr. WYDEN introduced the following bill; which was read twice and referred 

to the Committee on the Judiciary 

A BILL 

To reorganize the Federal judiciary, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Judicial Modernization 

5 and Transparency Act’’. 

6 SEC. 2. SUPREME COURT. 

7 (a) NUMBER OF JUSTICES.—Section 1 of title 28, 

8 United States Code, is amended— 

9 (1) by striking ‘‘eight’’ and inserting ‘‘14’’; and 

10 (2) by striking ‘‘six’’ and inserting ‘‘8’’. 

11 (b) APPOINTMENTS.— 


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1 (1) IN GENERAL.—If the number of justices of 

2 the Supreme Court of the United States is fewer 

3 than 15, the President shall appoint, by and with 

4 the advice and consent of the Senate, 1 individual to 

5 be a justice of the Supreme Court of the United 

6 States within the first 120 days of the first and 

7 third years of a Presidential term. 

8 (2) WITHDRAWAL OR DISAPPROVAL.—If the 

9 nomination of an individual under this section is 

10 withdrawn or disapproved by the Senate, the Presi11 dent shall appoint, by and with the advice and con12 sent of the Senate, 1 individual to be a justice of the 

13 Supreme Court of the United States not later than 

14 120 after the date of such withdrawal or dis15 approval. 

16 (3) EXCLUSIVE MANNER OF APPOINTMENT.— 

17 Except as provided under paragraph (4), the Presi18 dent shall not appoint an individual to be a justice 

19 of the Supreme Court of the United States except as 

20 provided under this subsection. 

21 (4) VACANCY.—If due to a permanent vacancy 

22 the total number of justices of the Supreme Court 

23 of the United States is fewer than 15, the President 

24 shall appoint, by and with the advice and consent of 

25 the Senate, an individual to fill such vacancy. 


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1 (5) EFFECTIVE DATE OF APPOINTMENT.— 

2 (A) IN GENERAL.—Except as provided in 

3 subparagraph (B), the term for justices ap4 pointed under this subsection shall begin on 

5 July 1. 

6 (B) VACANCY.—The term of an appoint7 ment under paragraph (4) shall begin on the 

8 date on which the appointment is made. 

9 (c) FAILURE TO CONFIRM NOMINEE.—If a com10 mittee of the Senate fails to report the nomination of an 

11 individual nominated to serve as a justice of the Supreme 

12 Court of the United States during the 180-day period be13 ginning on the date on which the nomination was referred 

14 to the committee, such nomination shall be automatically 

15 discharged from the committee and placed on the cal16 endar. 

17 (d) REQUIREMENT TO INVALIDATE ACT OF CON18 GRESS.— 

19 (1) IN GENERAL.—The Supreme Court of the 

20 United States may invalidate an Act of Congress 

21 only with the concurrence of— 

(A) at least 2 22 ⁄3 of the voting justices; and 

23 (B) at least a majority of the total number 

24 of justices. 


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1 (2) EXPIRATION OF LOWER COURT RELIEF.— 

2 Any relief ordered by a lower court in a case seeking 

3 to invalidate an Act of Congress shall expire on the 

4 date on which the Supreme Court of the United 

5 States issues an opinion in that case. 

6 (e) CONSIDERATION OF MOTIONS TO RECUSE.— 

7 Each justice of the Supreme Court of the United States 

8 shall consider a motion to recuse the justice from a par9 ticular case and shall make publicly available a written 

10 opinion of the justice supporting the decision on whether 

11 to recuse themselves from the case. Any justice may be 

recused from a case upon the affirmative vote of 2 12 ⁄3 of 

13 the justices of the Supreme Court of the United States. 

14 (f) DISCLOSURE OF VOTES.—Each justice of the Su15 preme Court of the United States shall publicly disclose 

16 how each justice voted for any case within the appellate 

17 jurisdiction of the Supreme Court. 

18 (g) EXAMINATION AND DISCLOSURE WITH RESPECT

19 TO INCOME TAX RETURNS OF JUSTICES OF THE SU20 PREME COURT.— 

21 (1) AUDIT.—Subchapter A of chapter 78 of the 

22 Internal Revenue Code of 1986 is amended by redes23 ignating section 7613 as section 7614 and by insert24 ing after section 7612 the following new section: 


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1 ‘‘SEC. 7613. EXAMINATION WITH RESPECT TO INCOME TAX 

2 RETURNS OF JUSTICES OF THE SUPREME 

3 COURT. 

4 ‘‘(a) IN GENERAL.—As rapidly as practicable after 

5 the filing of any applicable income tax return, the Sec6 retary shall conduct an examination to ascertain the cor7 rectness of such return and enforce the requirements of 

8 this title with respect to the taxable year covered by such 

9 return. 

10 ‘‘(b) REPORTS.— 

11 ‘‘(1) INITIAL REPORT.—Not later than 90 days 

12 after the filing of an applicable income tax return, 

13 the Secretary shall disclose and make publicly avail14 able an initial report regarding the examination with 

15 respect to such return. Such report shall include— 

16 ‘‘(A) the name of the taxpayer, 

17 ‘‘(B) an identification of the subparagraph 

18 of subsection (c)(1) which describes such re19 turn, 

20 ‘‘(C) the date that such return was filed, 

21 and 

22 ‘‘(D) the date on which the examination 

23 with respect to such return commenced (or, if 

24 such examination has not commenced as of the 

25 date of such report, a detailed description of the 


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1 reasons that such examination has not com2 menced). 

3 ‘‘(2) PERIODIC REPORTS.—Not later than 180 

4 days after the disclosure of the report described in 

5 paragraph (1) with respect to any applicable income 

6 tax return and not later than 180 days after the 

7 most recent disclosure of a report described in this 

8 paragraph with respect to such return, the Secretary 

9 shall disclose and make publicly available a periodic 

10 report regarding the examination with respect to 

11 such return. Such report shall include— 

12 ‘‘(A) the information described in subpara13 graphs (A) through (D) of paragraph (1), 

14 ‘‘(B) a description of the status of the ex15 amination, including a description of the por16 tions of the examination which have been com17 pleted, which are in process, and which are an18 ticipated to take place, and 

19 ‘‘(C) an estimate of the time frame for the 

20 completion of the examination, including an 

21 identification of factors which could alter such 

22 time frame, reasonable estimates of the likeli23 hood of such factors (taking into account the 

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1 tion), and the likely specific effects of such fac2 tors on such time frame. 

3 Notwithstanding the preceding sentence, a periodic 

4 report shall not be required under this paragraph 

5 with respect to any return after the date on which 

6 a final report is disclosed under paragraph (3) with 

7 respect to such return. 

8 ‘‘(3) FINAL REPORT.—Not later than 90 days 

9 after the completion of the examination described in 

10 subsection (a) with respect to any applicable income 

11 tax return, the Secretary shall disclose and make 

12 publicly available a final report regarding such ex13 amination. Such report shall include— 

14 ‘‘(A) the information described in subpara15 graphs (A) through (C) of paragraph (1), 

16 ‘‘(B) the date on which the examination 

17 with respect to such return was completed, 

18 ‘‘(C) a list of the audit materials (as de19 fined in section 6103(q)(2)) with respect to 

20 such examination, and 

21 ‘‘(D) a description (including the amount) 

22 of each proposed adjustment, adjustment, and 

23 controversy with respect to such examination 

24 together with a description of how such pro25 posed adjustment or controversy was resolved 


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1 (or a statement that such proposed adjustment 

2 or controversy was not resolved, as the case 

3 may be). 

4 For purposes of this paragraph, an examination 

5 shall be treated as complete on the date that the 

6 Secretary provides the taxpayer with a notice of defi7 ciency, or any closing document referred to in sec8 tion 6103(q)(2)(A)(v), with respect to such examina9 tion. 

10 ‘‘(4) EXTENSION OF DUE DATE REPORT.—If a 

11 request is made for an extension of the due date for 

12 filing any applicable income tax return, the Sec13 retary shall, not later than 90 days after such re14 quest is granted or denied, disclose and make pub15 licly available an extension of due date report with 

16 respect to return. Such report shall include— 

17 ‘‘(A) the information described in subpara18 graphs (A) and (B) of paragraph (1), 

19 ‘‘(B) a statement that an extension of the 

20 due date for the filing of such return has been 

21 requested, 

22 ‘‘(C) the date that such request was re23 ceived, 

24 ‘‘(D) a statement of whether such request 

25 has been granted or denied, and 


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1 ‘‘(E) the due date of such return (includ2 ing any extensions). 

3 ‘‘(5) TREATMENT OF FAILURE TO FILE.—In 

4 the case of a failure to file any applicable income tax 

5 return before the close of the 60-day period begin6 ning with the date prescribed for filing of such re7 turn— 

8 ‘‘(A) the Secretary shall conduct the exam9 ination described in subsection (a) with respect 

10 to the taxable year covered by the return to 

11 which such failure relates, 

12 ‘‘(B) reports made pursuant to this para13 graph shall include a statement that such re14 port is with respect to a return which the tax15 payer failed to file, and 

16 ‘‘(C) this section and section 6103(q) shall 

17 otherwise apply to such failure in the same 

18 manner as if a return were filed at the close of 

19 such period. 

20 The application of this paragraph with respect to 

21 any failure to file any applicable income tax return 

22 shall not prevent the application of this section with 

23 respect to such return at such time as such return 

24 may be filed. 


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1 ‘‘(6) PUBLIC AVAILABILITY.—For purposes of 

2 this subsection, a document shall not be treated as 

3 having been made publicly available unless made 

4 available on the Internet. 

5 ‘‘(c) APPLICABLE INCOME TAX RETURN.—For pur6 poses of this section— 

7 ‘‘(1) IN GENERAL.—The term ‘applicable in8 come tax return’ means any relevant income tax re9 turn of— 

10 ‘‘(A) a justice of the Supreme Court, 

11 ‘‘(B) an individual who is married (within 

12 the meaning of section 7703(a)) to an indi13 vidual described in subparagraph (A) for the 

14 taxable year to which such return relates, 

15 ‘‘(C) any corporation or partnership which 

16 is controlled by any individual described in sub17 paragraph (A) or (B) at any time during the 

18 taxable year to which such return relates, 

19 ‘‘(D) the estate of any person described in 

20 (A) or (B), or any estate with respect to which 

21 any person described in subparagraph (A), (B), 

22 or (C) is an executor or beneficiary at any time 

23 during the taxable year to which such return 

24 relates, and 


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1 ‘‘(E) any trust with respect to which any 

2 person described in subparagraph (A), (B), (C), 

3 or (D) is a grantor, fiduciary, or beneficiary, or 

4 for which another trust described in this sub5 paragraph is a grantor or beneficiary, at any 

6 time during the taxable year to which such re7 turn relates. 

8 Such term shall include any schedule, attachment, or 

9 other document filed with such return. 

10 ‘‘(2) RELEVANT INCOME TAX RETURN.—The 

11 term ‘relevant income tax return’ means, with re12 spect to any justice of the Supreme Court, any in13 come tax return if— 

14 ‘‘(A) any portion of the taxable year to 

15 which such return relates is during the period 

16 that such individual is a justice of the Supreme 

17 Court who is not retired, 

18 ‘‘(B) the due date for such return (includ19 ing any extensions) is during such period, or 

20 ‘‘(C) such return is filed during such pe21 riod, and 

22 ‘‘(3) CONTROL.—For purposes of paragraph 

23 (1)(C)— 

24 ‘‘(A) IN GENERAL.—Except as otherwise 

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1 termined under the rules of paragraphs (2) and 

2 (3) of section 6038(e) (determined without re3 gard to subparagraphs (A) and (B) of such 

4 paragraph (2) and without regard to subpara5 graph (C) of paragraph (3) thereof). 

6 ‘‘(B) RESTRICTION ON FAMILY ATTRIBU7 TION.— 

8 ‘‘(i) IN GENERAL.—Except as pro9 vided in clause (ii), for purposes of apply10 ing subparagraph (A)— 

11 ‘‘(I) section 318 shall be applied 

12 without regard to subsection 

13 (a)(1)(A)(ii) thereof, and 

14 ‘‘(II) section 267(c) shall be ap15 plied by treating the family of an indi16 vidual as including only such individ17 ual’s spouse (in lieu of the application 

18 of paragraph (4) thereof). 

19 ‘‘(ii) EXCEPTION FOR RECENT TRANS20 FER TO FAMILY MEMBERS.—For purposes 

21 of determining whether any corporation or 

22 partnership is controlled by an individual 

23 under paragraph (1)(C) for any taxable 

24 year, clause (i) shall not apply if such cor25 poration or partnership was controlled by 


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1 such individual (after application of clause 

2 (i)) at any time during the 4 immediately 

3 preceding taxable years. 

4 ‘‘(d) APPLICATION TO AMENDED RETURNS.—For 

5 purposes of this section and section 6103(q), any amend6 ment or supplement to a return of tax shall be treated 

7 as a separate return of tax and the determination of when 

8 such amendment or supplement is filed, and whether such 

9 amendment or supplement is a relevant income tax return, 

10 shall be made without regard to the underlying return.’’. 

11 (2) DISCLOSURE.—Section 6103 of such Code 

12 is amended by redesignating subsection (q) as sub13 section (r) and by inserting after subsection (p) the 

14 following new subsection: 

15 ‘‘(q) DISCLOSURE WITH RESPECT TO INCOME TAX

16 RETURNS OF JUSTICES OF THE SUPREME COURT.— 

17 ‘‘(1) IN GENERAL.—The Secretary shall dis18 close and make publicly available (within the mean19 ing of section 7613(b))— 

20 ‘‘(A) each applicable income tax return (as 

21 defined in section 7613(c)), 

22 ‘‘(B) each report described in section 

23 7613(b), and 

24 ‘‘(C) any audit materials with respect a re25 turn described in subparagraph (A). 


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1 ‘‘(2) AUDIT MATERIALS.—The term ‘audit ma2 terials’ means, with respect to any return: 

3 ‘‘(A) Any of the following which are pro4 vided by the Secretary to the taxpayer (or any 

5 designee of the taxpayer): 

6 ‘‘(i) Any written communication which 

7 identifies such return as being subject to 

8 examination. 

9 ‘‘(ii) Any written communication 

10 which proposes the adjustment of any item 

11 on such return, any report by an examiner 

12 related to such proposed adjustment, and 

13 any supervisory approval of any penalty 

14 proposed as part of such adjustment. 

15 ‘‘(iii) Any memorandum or report of 

16 the Internal Revenue Service Independent 

17 Office of Appeals with respect to such re18 turn, and any denial of any request de19 scribed in subparagraph (B). 

20 ‘‘(iv) Any notice of deficiency with re21 spect to such return. 

22 ‘‘(v) Any closing documents with re23 spect to the examination of such return, 

24 including any closing agreement or no 

25 change letter. 


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1 ‘‘(B) Any request for referral to the Inter2 nal Revenue Service Independent Office of Ap3 peals of any controversy with respect to such 

4 return. 

5 ‘‘(C) Any petition filed with the Tax Court 

6 for a redetermination of any deficiency referred 

7 to in subparagraph (A)(iv). 

8 ‘‘(3) EXCEPTION FOR CERTAIN IDENTITY IN9 FORMATION.—The information disclosed and made 

10 publicly available under paragraph (1) shall not in11 clude any identification number of any person (in12 cluding any social security number), any financial 

13 account number, the name of any individual who has 

14 not attained age 18 (as of the close of the taxable 

15 year to which the return relates), the name of any 

16 employee of the Department of the Treasury, or any 

17 address (other than the city and State in which such 

18 address is located). 

19 ‘‘(4) TIMING OF DISCLOSURES.—Any informa20 tion required to be disclosed under paragraph (1) 

21 shall be disclosed and made publicly available not 

22 later than— 

23 ‘‘(A) in the case of any income tax return 

24 referred to in paragraph (1)(A), 90 days after 

25 the date that such return is filed, 


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1 ‘‘(B) in the case of any report referred to 

2 in paragraph (1)(B), the deadline specified in 

3 section 7613(b) for disclosing such report, and 

4 ‘‘(C) in the case of the audit materials re5 ferred to in paragraph (1)(C), 90 days after the 

6 completion of the examination (within the 

7 meaning of section 7613(b)(3)) with respect to 

8 the return to which such audit materials re9 late.’’. 

10 (3) CLERICAL AMENDMENT.—Subchapter A of 

11 chapter 78 of such Code is amended by redesig12 nating the item relating to section 7613 as an item 

13 relating to section 7614 and by inserting after the 

14 item relating to section 7612 the following new item: 

‘‘Sec. 7613. Examination with respect to income tax returns of justices of the 

Supreme Court.’’. 

15 (4) EFFECTIVE DATE.—The amendments made 

16 by this paragraph shall apply to returns, amend17 ments, and supplements filed (and failures to file re18 turns which occur) after the date of the enactment 

19 of this Act (and to reports and audit materials with 

20 respect to such returns, amendments, supplements, 

21 and failures). 

22 (h) ADDITIONAL DISCLOSURE OF TAX RETURNS BY

23 JUSTICES OF THE SUPREME COURT AND NOMINEES TO

24 THE SUPREME COURT.— 


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1 (1) IN GENERAL.— 

2 (A) DISCLOSURE REQUIREMENT.—Chapter 

3 131 of title 5, United States Code, is amend4 ed— 

5 (i) by inserting after section 13104 

6 the following: 

7 ‘‘§ 13104A. Disclosure of tax returns 

8 ‘‘(a) DEFINITIONS.—In this section: 

9 ‘‘(1) APPLICABLE INCOME TAX RETURN.— 

10 ‘‘(A) IN GENERAL.—The term ‘applicable 

11 income tax return’ means, with respect to any 

12 taxable year, any return (within the meaning of 

13 section 6103(b) of the Internal Revenue Code 

14 of 1986) relating to Federal income taxes of— 

15 ‘‘(i) a covered candidate or covered in16 dividual; 

17 ‘‘(ii) an individual who is married 

18 (within the meaning of section 7703(a) of 

19 the Internal Revenue Code of 1986) to a 

20 covered candidate or covered individual for 

21 the taxable year; 

22 ‘‘(iii) any corporation or partnership 

23 that was controlled (as determined under 

24 section 7613(c)(3) of the Internal Revenue 

25 Code of 1986) by an individual described 


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1 in clause (i) or (ii) at any time during the 

2 taxable year; 

3 ‘‘(iv) the estate of any person de4 scribed in clause (i) or (ii) or any estate 

5 with respect to which any person described 

6 in clause (i), (ii), or (iii) is an executor or 

7 beneficiary at any time during the taxable 

8 year; and 

9 ‘‘(v) any trust with respect to which 

10 any person described in clause (i), (ii), 

11 (iii), or (iv) is a grantor, fiduciary, or ben12 eficiary, or for which another trust de13 scribed in this clause is a grantor or bene14 ficiary, at any time during the taxable 

15 year. 

16 ‘‘(B) INCLUSION OF CERTAIN DOCU17 MENTS.—Such term shall include any schedule, 

18 attachment, or other document filed with such 

19 return. 

20 ‘‘(2) COVERED CANDIDATE.—The term ‘covered 

21 candidate’ means an individual who is nominated to 

22 be a justice of the Supreme Court of the United 

23 States. 

24 ‘‘(3) COVERED INDIVIDUAL.—The term ‘cov25 ered individual’ means— 


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1 ‘‘(A) a justice of the Supreme Court of the 

2 United States required to file a report under 

3 subsection (a) or (d) of section 13103; or 

4 ‘‘(B) an individual who occupies the office 

5 of justice of the Supreme Court of the United 

6 States required to file a report under section 

7 13103(e). 

8 ‘‘(b) DISCLOSURE.— 

9 ‘‘(1) COVERED INDIVIDUALS.— 

10 ‘‘(A) IN GENERAL.—In addition to the in11 formation described in subsections (a), (b), (e), 

12 and (f) of section 13104, a covered individual 

13 shall include in each report required to be filed 

14 under this title a copy of all applicable income 

15 tax returns for the 3 most recent taxable years 

16 for which a return has been filed with the Inter17 nal Revenue Service as of the date on which the 

18 report is filed. 

19 ‘‘(B) FAILURE TO DISCLOSE.—If an in20 come tax return is not disclosed under subpara21 graph (A), the Director of the Administrative 

22 Office of the United States Courts shall submit 

23 to the Secretary of the Treasury a request that 

24 the Secretary of the Treasury provide the Di25 rector of the Administrative Office of the 


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1 United States Courts with a copy of the income 

2 tax return. 

3 ‘‘(C) PUBLICLY AVAILABLE.—Each income 

4 tax return submitted under this paragraph shall 

5 be filed with the Director of the Administrative 

6 Office of the United States Courts and made 

7 publicly available in the same manner as the in8 formation described in subsections (a) and (b) 

9 of section 13104. 

10 ‘‘(D) REDACTION OF CERTAIN INFORMA11 TION.—Before making any income tax return 

12 submitted under this paragraph available to the 

13 public, the Judicial Conference shall redact 

14 such information as the Judicial Conference, in 

15 consultation with the Secretary of the Treasury 

16 (or a delegate of the Secretary), determines ap17 propriate. 

18 ‘‘(2) COVERED CANDIDATES.— 

19 ‘‘(A) NOMINEES TO THE SUPREME COURT

20 OF THE UNITED STATES.—Not later than 15 

21 days after the date on which a covered can22 didate is nominated, the covered candidate shall 

23 file with the Judicial Conference a copy of the 

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1 cent taxable years for which a return has been 

2 filed with the Internal Revenue Service. 

3 ‘‘(B) FAILURE TO DISCLOSE.—If an appli4 cable income tax return is not disclosed under 

5 subparagraph (A), the Judicial Conference shall 

6 submit to the Secretary of the Treasury a re7 quest that the Secretary of the Treasury pro8 vide the Judicial Conference with the applicable 

9 income tax return. 

10 ‘‘(C) PUBLICLY AVAILABLE.—Each appli11 cable income tax return submitted under this 

12 paragraph shall be filed with the Judicial Con13 ference and made publicly available in the same 

14 manner as the information described in section 

15 13104(b). 

16 ‘‘(D) REDACTION OF CERTAIN INFORMA17 TION.—Before making any applicable income 

18 tax return submitted under this paragraph 

19 available to the public, the Judicial Conference 

20 shall redact such information as the Judicial 

21 Conference, in consultation with the Secretary 

22 of the Treasury (or a delegate of the Sec23 retary), determines appropriate. 

24 ‘‘(3) SPECIAL RULE WITH RESPECT TO RE25 TURNS DISCLOSED UNDER OTHER AUTHORITY.—For 


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1 purposes of this subsection, in the case of any appli2 cable income tax return that has been made publicly 

3 available pursuant to section 6103(q) of the Internal 

4 Revenue Code of 1986, the requirements of para5 graphs (1)(A) and (2)(A) shall be satisfied with re6 spect to such return if the covered individual or cov7 ered candidate (as the case may be) provides the lo8 cation on the Internet where such disclosure has 

9 been made publicly available.’’; and 

10 (ii) in section 13106— 

11 (I) in subsection (a)— 

12 (aa) in paragraph (1), in the 

13 first sentence, by inserting ‘‘or 

14 any individual who knowingly 

15 and willfully falsifies or who 

16 knowingly and willfully fails to 

17 file an applicable income tax re18 turn that such individual is re19 quired to disclose pursuant to 

20 section 13104A’’ before the pe21 riod; and 

22 (bb) in paragraph (2)(A)— 

23 (AA) in clause (i), by 

24 inserting ‘‘or falsify any ap25 plicable income tax return 


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1 that such person is required 

2 to disclose under section 

3 13104A of this title’’ before 

4 the semicolon; and 

5 (BB) in clause (ii), by 

6 inserting ‘‘or fail to file any 

7 applicable income tax return 

8 that such person is required 

9 to disclose under section 

10 13104A of this title’’ before 

11 the period; 

12 (II) in subsection (b), in the first 

13 sentence, by inserting ‘‘or willfully 

14 failed to file or has willfully falsified 

15 an applicable income tax return re16 quired to be disclosed under section 

17 13104A of this title’’ before the pe18 riod; 

19 (III) in subsection (c), by insert20 ing ‘‘or failing to file or falsifying an 

21 applicable income tax return required 

22 to be disclosed under section 13104A’’ 

23 before the period; and 

24 (IV) in subsection (d)(1)— 


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1 (aa) in the matter preceding 

2 subparagraph (A), by inserting 

3 ‘‘or files an applicable income tax 

4 return required to be disclosed 

5 under section 13104A’’ after 

6 ‘‘subchapter’’; and 

7 (bb) in subparagraph (A), 

8 by inserting ‘‘or such applicable 

9 income tax return, as applica10 ble,’’ after ‘‘report’’. 

11 (B) SPECIAL RULE FOR INDIVIDUALS WHO

12 ARE COVERED CANDIDATES ON DATE OF EN13 ACTMENT.—In the case of any individual who is 

14 a covered candidate (as defined in section 

15 13104A of title 5, United States Code, as 

16 added by paragraph (1)) on the date of the en17 actment of this Act, section 13104A(b)(2)(A) of 

18 such title shall be applied by substituting ‘‘30 

19 days after the date of the enactment of the Ju20 dicial Modernization and Transparency Act’’ for 

21 ‘‘15 days after the date on which a covered can22 didate is nominated’’. 

23 (C) CLERICAL AMENDMENT.—The table of 

24 sections for chapter 131 of title 5, United 


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1 States Code, is amended by adding at the end 

2 the following: 

‘‘13104A. Disclosure of tax returns.’’. 

3 (2) AUTHORITY TO DISCLOSE INFORMATION.— 

4 (A) IN GENERAL.—Section 6103(l) of the 

5 Internal Revenue Code of 1986 is amended by 

6 adding at the end the following: 

7 ‘‘(23) DISCLOSURE OF RETURN INFORMATION

8 OF JUSTICES OF THE SUPREME COURT AND NOMI9 NEES TO THE SUPREME COURT.— 

10 ‘‘(A) DISCLOSURE OF RETURNS OF JUS11 TICES OF THE SUPREME COURT.— 

12 ‘‘(i) IN GENERAL.—The Secretary 

13 shall, upon written request from the Ad14 ministrative Office of the United States 

15 Courts pursuant to section 

16 13104A(b)(1)(B) of title 5, United States 

17 Code, provide to officers and employees of 

18 the Judicial Conference a copy of each ap19 plicable income tax return with respect to 

20 any covered individual who has been identi21 fied in such request. 

22 ‘‘(ii) DISCLOSURE TO PUBLIC.—The 

23 Director of the Administrative Office of 

24 the United States Courts may disclose to 

25 the public any applicable income tax return 


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1 required to be submitted to the Director 

2 pursuant to section 13104A(b)(1) of title 

3 5, United States Code. 

4 ‘‘(B) DISCLOSURE OF RETURNS OF NOMI5 NEES TO THE SUPREME COURT.— 

6 ‘‘(i) IN GENERAL.—The Secretary 

7 shall, upon written request from the Judi8 cial Conference, as applicable pursuant to 

9 section 13104A(b)(2)(B) of title 5, United 

10 States Code, provide to officers and em11 ployees of the requesting entity a copy of 

12 each applicable income tax return with re13 spect to any covered candidate who has 

14 been identified in such request. 

15 ‘‘(ii) DISCLOSURE TO PUBLIC.—The 

16 Judicial Conference may disclose to the 

17 public any applicable income tax return re18 quired to be filed with the such agency 

19 pursuant to section 13104A(b)(2) of title 

20 5, United States Code. 

21 ‘‘(C) DEFINITIONS.—For purposes of this 

22 paragraph, the terms ‘applicable income tax re23 turn’, ‘covered individual’, and ‘covered can24 didate’ have the meanings given those terms in 

25 section 13104A of title 5, United States Code.’’. 


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1 (B) CONFORMING AMENDMENTS.—Section 

2 6103(p)(4) of the Internal Revenue Code of 

3 1986, in the matter preceding subparagraph 

4 (A) and in subparagraph (F)(ii), is amended by 

5 striking ‘‘or (22)’’ and inserting ‘‘(22), or (23)’’ 

6 each place it appears. 

7 SEC. 3. COURTS OF APPEALS. 

8 (a) IN GENERAL.—Section 41 of title 28, United 

9 States Code, is amended— 

10 (1) in the matter preceding the table, by strik11 ing ‘‘thirteen’’ and inserting ‘‘15’’; and 

12 (2) in the table— 

13 (A) by striking the item relating to the 

14 fifth circuit and inserting the following: 

‘‘Fifth ............................................ Arkansas, Louisiana, Mississippi, 

Tennessee.’’; 

15 (B) by striking the item relating to the 

16 sixth circuit and inserting the following: 

‘‘Sixth ............................................ Kentucky, Michigan, Ohio.’’; 

17 (C) by striking the item relating to the 

18 eighth circuit and inserting the following: 

‘‘Eighth .......................................... Iowa, Minnesota, Missouri, Nebraska, 

North Dakota, South Dakota.’’; 

19 (D) by striking the item relating to the 

20 ninth circuit and inserting the following: 

‘‘Ninth ........................................... California, Guam, Hawaii, Northern 

Mariana Islands.’’; 


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1 (E) by striking the item relating to the 

2 tenth circuit and inserting the following: 

‘‘Tenth ........................................... Colorado, Kansas, Oklahoma, Utah, 

Wyoming.’’; 

3 (F) by inserting after the item relating to 

4 the 11th circuit the following: 

‘‘Twelfth ........................................ Arizona, New Mexico, Texas. 

Thirteenth ...................................... Alaska, Idaho, Montana, Nevada, Oregon, Washington.’’. 

5 (b) SUPREME COURT JUSTICES AS CIRCUIT JUS6 TICES.—Section 42 of title 28, United States Code, is 

7 amended— 

8 (1) in the first undesignated paragraph, by 

9 striking ‘‘The’’ and inserting ‘‘(a) The’’; 

10 (2) in the second undesignated paragraph— 

11 (A) by striking ‘‘A’’ and inserting ‘‘(b) A’’; 

12 and 

13 (B) by striking ‘‘more than one circuit, 

14 and two or more justices may be assigned to 

15 the same circuit’’ and inserting ‘‘1 circuit’’; and 

16 (3) by adding at the end the following: 

17 ‘‘(c) A circuit justice may— 

18 ‘‘(1) prioritize applications to justices; 

19 ‘‘(2) participate in committees to prepare for 

20 the Judicial Conference of the United States; 

21 ‘‘(3) attend the Judicial Conference of the 

22 United States; and 


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1 ‘‘(4) provide advice on the removal of a circuit 

2 judge in the circuit to which the circuit justice is as3 signed.’’. 

4 (c) APPOINTMENT OF CIRCUIT JUDGES.—In section 

5 44(a) of title 28, United States Code, strike the table and 

6 insert the following: 

‘‘Circuits Number of judges 

District of Columbia ............................................... 11 

First ....................................................................... 9 

Second .................................................................... 17 

Third ...................................................................... 18 

Fourth .................................................................... 21 

Fifth ....................................................................... 16 

Sixth ....................................................................... 18 

Seventh ................................................................... 16 

Eighth .................................................................... 12 

Ninth ...................................................................... 24 

Tenth ...................................................................... 13 

Eleventh ................................................................. 19 

Twelfth ................................................................... 22 

Thirteenth .............................................................. 13 

Federal ................................................................... 12.’’. 

7 (d) SUPERMAJORITY REQUIREMENT.—A court of ap8 peals of the United States may invalidate an Act of Con9 gress only with the concurrence of— 

10 (1) in the case of a panel of judges, every 

11 judge; and 

12 (2) in the case of a rehearing en banc, at least 

2 13 ⁄3 of the voting judges. 

14 SEC. 4. DISTRICT COURTS. 

15 (a) IN GENERAL.—The President shall appoint, by 

16 and with the advice and consent of the Senate— 

17 (1) 1 additional district judge for the northern 

18 district of Alabama; 


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1 (2) 2 additional district judges for the district 

2 of Arizona; 

3 (3) 1 additional district judge for the eastern 

4 district of Arkansas; 

5 (4) 7 additional district judges for the central 

6 district of California; 

7 (5) 2 additional district judges for the eastern 

8 district of California; 

9 (6) 3 additional district judges for the northern 

10 district of California; 

11 (7) 1 additional district judge for the southern 

12 district of California; 

13 (8) 2 additional district judges for the district 

14 of Colorado; 

15 (9) 1 additional district judge for the district of 

16 Connecticut; 

17 (10) 4 additional district judges for the middle 

18 district of Florida; 

19 (11) 1 additional district judge for the northern 

20 district of Florida; 

21 (12) 2 additional district judges for the south22 ern district of Florida; 

23 (13) 1 additional district judge for the middle 

24 district of Georgia; 


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1 (14) 2 additional district judges for the north2 ern district of Georgia; 

3 (15) 1 additional district judge for the district 

4 of Idaho; 

5 (16) 1 additional district judge for the central 

6 district of Illinois; 

7 (17) 3 additional district judges for the north8 ern district of Illinois; 

9 (18) 1 additional district judge for the northern 

10 district of Indiana; 

11 (19) 1 additional district judge for the southern 

12 district of Indiana; 

13 (20) 1 additional district judge for the southern 

14 district of Iowa; 

15 (21) 1 additional district judge for the district 

16 of Kansas; 

17 (22) 1 additional district judge for the eastern 

18 district of Kentucky; 

19 (23) 1 additional district judge for the western 

20 district of Kentucky; 

21 (24) 1 additional district judge for the eastern 

22 district of Louisiana; 

23 (25) 1 additional district judge for the western 

24 district of Louisiana; 


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1 (26) 2 additional district judges for the district 

2 of Maryland; 

3 (27) 2 additional district judges for the district 

4 of Massachusetts; 

5 (28) 2 additional district judges for the eastern 

6 district of Michigan; 

7 (29) 1 additional district judge for the western 

8 district of Michigan; 

9 (30) 2 additional district judges for the district 

10 of Minnesota; 

11 (31) 1 additional district judge for the southern 

12 district of Mississippi; 

13 (32) 1 additional district judge for the eastern 

14 district of Missouri; 

15 (33) 1 additional district judge for the western 

16 district of Missouri; 

17 (34) 1 additional district judge for the district 

18 of Nebraska; 

19 (35) 1 additional judge for the district of Ne20 vada; 

21 (36) 3 additional district judges for the district 

22 of New Jersey; 

23 (37) 1 additional district judge for the district 

24 of New Mexico; 


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1 (38) 2 additional district judges for the eastern 

2 district of New York; 

3 (39) 1 additional district judge for the northern 

4 district of New York; 

5 (40) 2 additional district judge for the southern 

6 district of New York; 

7 (41) 1 additional district judge for the western 

8 district of New York; 

9 (42) 1 additional district judge for the eastern 

10 district of North Carolina; 

11 (43) 1 additional district judge for the middle 

12 district of North Carolina; 

13 (44) 1 additional district judge for the western 

14 district of North Carolina; 

15 (45) 2 additional district judges for the north16 ern district of Ohio; 

17 (46) 2 additional district judges for the south18 ern district of Ohio; 

19 (47) 1 additional district judge for the western 

20 district of Oklahoma; 

21 (48) 1 additional district judge for the district 

22 of Oregon; 

23 (49) 2 additional district judges for the eastern 

24 district of Pennsylvania; 


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1 (50) 1 additional district judge for the middle 

2 district of Pennsylvania; 

3 (51) 1 additional district judge for the western 

4 district of Pennsylvania; 

5 (52) 1 additional district judge for the district 

6 of Puerto Rico; 

7 (53) 2 additional district judges for the district 

8 of South Carolina; 

9 (54) 1 additional district judge for the eastern 

10 district of Tennessee; 

11 (55) 1 additional district judge for the middle 

12 district of Tennessee; 

13 (56) 1 additional district judge for the eastern 

14 district of Texas; 

15 (57) 2 additional district judges for the north16 ern district of Texas; 

17 (58) 3 additional district judges for the south18 ern district of Texas; 

19 (59) 2 additional district judges for the western 

20 district of Texas; 

21 (60) 1 additional district judge for the district 

22 of Utah; 

23 (61) 2 additional district judges for the eastern 

24 district of Virginia; 


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1 (62) 1 additional district judge for the western 

2 district of Virginia; 

3 (63) 2 additional district judges for the western 

4 district of Washington; 

5 (64) 1 additional district judge for the eastern 

6 district of Wisconsin; and 

7 (65) 1 additional district judge for the western 

8 district of Wisconsin. 

9 (b) TABLES.—Section 133(a) of title 28, United 

10 States Code, is amended— 

11 (1) by striking the items relating to Alabama 

12 and inserting the following: 

‘‘Alabama: 

Northern ................................................................. 8 

Middle ..................................................................... 3 

Southern ................................................................. 3’’; 

13 (2) by striking the item relating to Arizona and 

14 inserting the following: 

‘‘Arizona 14’’; 

15 (3) by striking the items relating to Arkansas 

16 and inserting the following: 

‘‘Arkansas: 

Eastern ................................................................... 6 

Western .................................................................. 3’’; 

17 (4) by striking the items relating to California 

18 and inserting the following: 

‘‘California: 

Northern ................................................................. 17 

Eastern ................................................................... 8 

Central .................................................................... 34 


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Southern ................................................................. 14’’; 

1 (5) by striking the item relating to Colorado 

2 and inserting the following: 

‘‘Colorado 9’’; 

3 (6) by striking the item relating to Connecticut 

4 and inserting the following: 

‘‘Connecticut 9’’; 

5 (7) by striking the items relating to Florida and 

6 inserting the following: 

‘‘Florida: 

Northern ................................................................. 5 

Middle ..................................................................... 19 

Southern ................................................................. 19’’; 

7 (8) by striking the items relating to Georgia 

8 and inserting the following: 

‘‘Georgia: 

Northern ................................................................. 13 

Middle ..................................................................... 5 

Southern ................................................................. 3’’; 

9 (9) by striking the item relating to Idaho and 

10 inserting the following: 

‘‘Idaho 3’’; 

11 (10) by striking the items relating to Illinois 

12 and inserting the following: 

‘‘Illinois: 

Northern ................................................................. 25 

Central .................................................................... 5 

Southern ................................................................. 4’’; 

13 (11) by striking the items relating to Indiana 

14 and inserting the following: 


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‘‘Indiana: 

Northern ................................................................. 6 

Southern ................................................................. 6’’; 

1 (12) by striking the items relating to Iowa and 

2 inserting the following: 

‘‘Iowa: 

Northern ................................................................. 2 

Southern ................................................................. 4’’; 

3 (13) by striking the item relating to Kansas 

4 and inserting the following: 

‘‘Kansas 6’’; 

5 (14) by striking the items relating to Kentucky 

6 and inserting the following: 

‘‘Kentucky: 

Eastern ................................................................... 6 

Western .................................................................. 5’’; 

7 (15) by striking the items relating to Louisiana 

8 and inserting the following: 

‘‘Louisiana: 

Eastern ................................................................... 12 

Middle ..................................................................... 4 

Western .................................................................. 8’’; 

9 (16) by striking the item relating to Maryland 

10 and inserting the following: 

‘‘Maryland 12’’; 

11 (17) by striking the item relating to Massachu12 setts and inserting the following: 

‘‘Massachusetts 15’’; 

13 (18) by striking the items relating to Michigan 

14 and inserting the following: 


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‘‘Michigan: 

Eastern ................................................................... 17 

Western .................................................................. 5’’; 

1 (19) by striking the item relating to Minnesota 

2 and inserting the following: 

‘‘Minnesota 8’’; 

3 (20) by striking the items relating to Mis4 sissippi and inserting the following: 

‘‘Mississippi: 

Northern ................................................................. 3 

Southern ................................................................. 7’’; 

5 (21) by striking the items relating to Missouri 

6 and inserting the following: 

‘‘Missouri: 

Eastern ................................................................... 7 

Western .................................................................. 6’’; 

7 (22) by striking the item relating to Nebraska 

8 and inserting the following: 

‘‘Nebraska 4’’; 

9 (23) by striking the item relating to the district 

10 of Nevada and inserting the following: 

‘‘Nevada 8’’; 

11 (24) by striking the item relating to the district 

12 of New Jersey and inserting the following: 

‘‘New Jersey 20’’; 

13 (25) by striking the item relating to New Mex14 ico and inserting the following: 

‘‘New Mexico 7’’; 


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1 (26) by striking the items relating to New York 

2 and inserting the following: 

‘‘New York: 

Northern ................................................................. 6 

Southern ................................................................. 30 

Eastern ................................................................... 17 

Western .................................................................. 5’’; 

3 (27) by striking the items relating to North 

4 Carolina and inserting the following: 

‘‘North Carolina: 

Eastern ................................................................... 5 

Middle ..................................................................... 5 

Western .................................................................. 5’’; 

5 (28) by striking the items relating to Ohio and 

6 inserting the following: 

‘‘Ohio: 

Northern ................................................................. 13 

Southern ................................................................. 10’’; 

7 (29) by striking the items relating to Oklahoma 

8 and inserting the following: 

‘‘Oklahoma: 

Northern ................................................................. 3 

Eastern ................................................................... 1 

Western .................................................................. 7 

Northern, Eastern, Western .................................. 1’’; 

9 (30) by striking the item relating to Oregon 

10 and inserting the following: 

‘‘Oregon 7’’; 

11 (31) by striking the items relating to Pennsyl12 vania and inserting the following: 

‘‘Pennsylvania: 

Eastern ................................................................... 24 

Middle ..................................................................... 7 

Western .................................................................. 11’’; 


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1 (32) by striking the item relating to Puerto 

2 Rico and inserting the following: 

‘‘Puerto Rico 8’’; 

3 (33) by striking the item relating to South 

4 Carolina and inserting the following: 

‘‘South Carolina 12’’; 

5 (34) by striking the items relating to Tennessee 

6 and inserting the following: 

‘‘Tennessee: 

Eastern ................................................................... 6 

Middle ..................................................................... 5 

Western .................................................................. 5’’; 

7 (35) by striking the items relating to Texas and 

8 inserting the following: 

‘‘Texas: 

Northern ................................................................. 14 

Southern ................................................................. 22 

Eastern ................................................................... 8 

Western .................................................................. 15’’; 

9 (36) by striking the item relating to Utah and 

10 inserting the following: 

‘‘Utah 6’’; 

11 (37) by striking the items relating to Virginia 

12 and inserting the following: 

‘‘Virginia: 

Eastern ................................................................... 13 

Western .................................................................. 5’’; 

13 (38) by striking the items relating to Wash14 ington and inserting the following: 

‘‘Washington: 


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Eastern ................................................................... 4 

Western .................................................................. 8’’; and 

1 (39) by striking the items relating to Wisconsin 

2 and inserting the following: 

‘‘Wisconsin: 

Eastern ................................................................... 6 

Western .................................................................. 3’’. 

Æ 


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