II 

Calendar No. 199 

118TH CONGRESS 

1ST SESSION S. 359 

To amend title 28, United States Code, to provide for a code of conduct 

for justices of the Supreme Court of the United States, and for other 

purposes. 

IN THE SENATE OF THE UNITED STATES 

FEBRUARY 9, 2023 

Mr. WHITEHOUSE (for himself, Mr. BLUMENTHAL, Mr. MERKLEY, Mr. BOOKER, Mrs. GILLIBRAND, Mr. REED, Mrs. FEINSTEIN, Mr. WARNER, Mr. 

SANDERS, Mr. MARKEY, Mr. DURBIN, Ms. HIRONO, Mr. VAN HOLLEN, 

Mr. WELCH, Mr. SCHATZ, Mr. PADILLA, Mr. WYDEN, Ms. BALDWIN, Ms. 

KLOBUCHAR, Mr. CARDIN, Ms. HASSAN, Mr. WARNOCK, Mr. COONS, Mr. 

FETTERMAN, Mr. OSSOFF, Mr. SCHUMER, Mr. CARPER, and Mr. 

HICKENLOOPER) introduced the following bill; which was read twice and 

referred to the Committee on the Judiciary 

SEPTEMBER 5, 2023 

Reported by Mr. DURBIN, with an amendment 

[Strike out all after the enacting clause and insert the part printed in italic] 

A BILL 

To amend title 28, United States Code, to provide for a 

code of conduct for justices of the Supreme Court of 

the United States, and for other purposes. 

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


pbinns on DSKJLVW7X2PROD with $$_JOB
2 

•S 359 RS

1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Supreme Court Ethics, 

3 Recusal, and Transparency Act of 2023’’. 

4 SEC. 2. CODE OF CONDUCT FOR THE SUPREME COURT OF 

5 THE UNITED STATES. 

6 (a) IN GENERAL.—Chapter 16 of title 28, United 

7 States Code, is amended by adding at the end the fol8 lowing: 

9 ‘‘§ 365. Codes of conduct 

10 ‘‘(a) JUSTICES.—Not later than 180 days after the 

11 date of enactment of this section, the Supreme Court of 

12 the United States shall, after appropriate public notice 

13 and opportunity for comment in accordance with section 

14 2071, issue a code of conduct for the justices of the Su15 preme Court. 

16 ‘‘(b) OTHER JUDGES.—Not later than 180 days after 

17 the date of enactment of this section, the Judicial Con18 ference of the United States shall, after appropriate public 

19 notice and opportunity for comment in accordance with 

20 section 2071, issue a code of conduct for the judges of 

21 the courts of appeals, the district courts (including bank22 ruptcy judges and magistrate judges), and the Court of 

23 International Trade. 

24 ‘‘(c) MODIFICATION.—The Supreme Court of the 

25 United States and the Judicial Conference may modify the 

26 applicable codes of conduct under this section after giving 


pbinns on DSKJLVW7X2PROD with $$_JOB
3 

•S 359 RS

1 appropriate public notice and opportunity for comment in 

2 accordance with section 2071. 

3 ‘‘§ 366. Public access to ethics rules 

4 ‘‘The Supreme Court of the United States shall make 

5 available on its internet website, in a full-text, searchable, 

6 sortable, and downloadable format, copies of the code of 

7 conduct issued under section 365(a), any rules established 

8 by the Counselor to the Chief Justice under section 677 

9 and any other related rules or resolutions, as determined 

10 by the Chief Justice of the United States, issued by the 

11 Counselor to the Chief Justice of the United States or 

12 agreed to by the justices of the Supreme Court. 

13 ‘‘§ 367. Complaints against justices 

14 ‘‘(a) RECEIPT OF COMPLAINTS.—Not later than 180 

15 days after the date of enactment of this section, the Su16 preme Court of the United States shall establish proce17 dures, modeled after the procedures set forth in sections 

18 351 through 364, under which individuals may file with 

19 the Court, or the Court may identify, complaints alleging 

20 that a justice of the Supreme Court— 

21 ‘‘(1) has violated— 

22 ‘‘(A) the code of conduct issued pursuant 

23 to section 365(a); 

24 ‘‘(B) section 455; or 


pbinns on DSKJLVW7X2PROD with $$_JOB
4 

•S 359 RS

1 ‘‘(C) any other applicable provision of Fed2 eral law; or 

3 ‘‘(2) has otherwise engaged in conduct that un4 dermines the integrity of the Supreme Court of the 

5 United States. 

6 ‘‘(b) JUDICIAL INVESTIGATION PANEL.— 

7 ‘‘(1) IN GENERAL.—Upon receipt or identifica8 tion of a complaint under subsection (a), the Su9 preme Court of the United States shall refer such 

10 complaint to a judicial investigation panel, which 

11 shall be composed of a panel of 5 judges selected 

12 randomly from among the chief judge of each circuit 

13 of the United States. 

14 ‘‘(2) DUTIES.—The judicial investigation panel 

15 shall— 

16 ‘‘(A) review and, if appropriate as deter17 mined by the panel, investigate all complaints 

18 submitted to the panel using procedures estab19 lished by the panel and modeled after the proce20 dures set forth in sections 351 through 364; 

21 ‘‘(B) present to the Supreme Court of the 

22 United States any findings and recommenda23 tions for necessary and appropriate action by 

24 the Supreme Court, including dismissal of the 


pbinns on DSKJLVW7X2PROD with $$_JOB
5 

•S 359 RS

1 complaint, disciplinary actions, or changes to 

2 Supreme Court rules or procedures; 

3 ‘‘(C) if the panel does not recommend dis4 missal of the complaint, not later than 30 days 

5 following the presentation of any findings and 

6 recommendations under this paragraph, publish 

7 a report containing such findings and rec8 ommendations; and 

9 ‘‘(D) if the panel recommends dismissal of 

10 the complaint, the panel may publish any find11 ings and recommendations if the panel deter12 mines that such publication would be in fur13 therance of the public interest. 

14 ‘‘(3) POWERS.—In conducting any investigation 

15 under this section, the judicial investigation panel 

16 may hold hearings, take sworn testimony, issue sub17 poenas ad testificandum and subpoenas duces 

18 tecum, and make necessary and appropriate orders 

19 in the exercise of its authority. 

20 ‘‘(4) ACCESS.—If the judicial investigation 

21 panel determines that a substantially similar com22 plaint was previously submitted under section 351, 

23 but that such substantially similar complaint was 

24 dismissed for lack of authority to review or act upon 

25 such complaint, the panel shall have access to any 


pbinns on DSKJLVW7X2PROD with $$_JOB
6 

•S 359 RS

1 information gathered pursuant to this chapter in re2 lation to such substantially similar complaint. 

3 ‘‘(5) COMPENSATION.—The judicial investiga4 tion panel may appoint and fix the compensation of 

5 such staff as it deems necessary.’’. 

6 (b) TECHNICAL AND CONFORMING AMENDMENT.— 

7 The table of sections for chapter 16 of title 28, United 

8 States Code, is amended by adding at the end the fol9 lowing: 

‘‘365. Codes of conduct. 

‘‘366. Public access to ethics rules. 

‘‘367. Complaints against justices.’’. 

10 SEC. 3. MINIMUM GIFT, TRAVEL, AND INCOME DISCLOSURE 

11 STANDARDS FOR JUSTICES OF THE SUPREME 

12 COURT. 

13 Section 677 of title 28, United States Code, is 

14 amended by adding at the end the following: 

15 ‘‘(d) The Counselor, with the approval of the Chief 

16 Justice, shall establish rules governing the disclosure of 

17 all gifts, income, or reimbursements, as those terms are 

18 defined in section 13101 of title 5, received by any justice 

19 and any law clerk to a justice. Such rules shall, at min20 imum, require disclosure of any information concerning 

21 gifts, income, and reimbursements required to be disclosed 

22 under the Standing Rules of the Senate and the Rules of 

23 the House of Representatives.’’. 


pbinns on DSKJLVW7X2PROD with $$_JOB
7 

•S 359 RS

1 SEC. 4. CIRCUMSTANCES REQUIRING DISQUALIFICATION. 

2 (a) ANTICORRUPTION PROTECTIONS.—Subsection 

3 (b) of section 455 of title 28, United States Code, is 

4 amended by adding at the end the following: 

5 ‘‘(6) Where the justice or judge knows that a 

6 party to the proceeding or an affiliate of a party to 

7 the proceeding made any lobbying contact, as de8 fined in section 3 of the Lobbying Disclosure Act of 

9 1995 (2 U.S.C. 1602), or spent substantial funds in 

10 support of the nomination, confirmation, or appoint11 ment of the justice or judge. 

12 ‘‘(7) Where the justice or judge, their spouse, 

13 minor child, or a privately held entity owned by any 

14 such person received income, a gift, or reimburse15 ment, as those terms are defined in section 13101 

16 of title 5— 

17 ‘‘(A) from a party to the proceeding or an 

18 affiliate of a party to the proceeding; and 

19 ‘‘(B) during the period beginning on the 

20 date that is 6 years before the date on which 

21 the justice or judge was assigned to the pro22 ceeding and ending on the date of final disposi23 tion of the proceeding.’’. 

24 (b) DUTY TO KNOW.—Subsection (c) of section 455 

25 of title 28, United States Code, is amended to read as 

26 follows: 


pbinns on DSKJLVW7X2PROD with $$_JOB
8 

•S 359 RS

1 ‘‘(c) A justice, judge, magistrate judge, or bankruptcy 

2 judge of the United States shall ascertain— 

3 ‘‘(1) the personal and fiduciary financial inter4 ests of the justice or judge; 

5 ‘‘(2) the personal financial interests of the 

6 spouse and minor children residing in the household 

7 of the justice or judge; and 

8 ‘‘(3) any interest of the persons described in 

9 paragraph (2) that could be substantially affected by 

10 the outcome of the proceeding.’’. 

11 (c) DIVESTMENT.—Subsection (f) of section 455 of 

12 title 28, United States Code, is amended by inserting 

13 ‘‘under subsection (b)(4)’’ after ‘‘disqualified’’. 

14 (d) DUTY TO NOTIFY.—Section 455 of title 28, 

15 United States Code, is amended by adding at the end the 

16 following: 

17 ‘‘(g) If at any time a justice, judge, magistrate judge, 

18 or bankruptcy judge of the United States learns of a con19 dition that could reasonably require disqualification under 

20 this section, the justice or judge shall immediately notify 

21 all parties to the proceeding.’’. 

22 (e) TECHNICAL AND CONFORMING AMENDMENTS.— 

23 Section 455 of title 28, United States Code, as amended 

24 by this section, is amended— 


pbinns on DSKJLVW7X2PROD with $$_JOB
9 

•S 359 RS

1 (1) in the section heading, by striking ‘‘judge, 

2 or magistrate judge’’ and inserting ‘‘judge, 

3 magistrate judge, or bankruptcy judge’’; 

4 (2) in subsection (a), by striking ‘‘judge, or 

5 magistrate judge’’ and inserting ‘‘judge, magistrate 

6 judge, or bankruptcy judge’’; 

7 (3) in subsection (b)— 

8 (A) in paragraph (2), by striking ‘‘the 

9 judge or such lawyer’’ and inserting ‘‘the jus10 tice, the judge, or such lawyer’’; 

11 (B) in paragraph (5)(iii), by inserting 

12 ‘‘justice or’’ before ‘‘judge’’; and 

13 (C) in paragraph (5)(iv), by inserting ‘‘jus14 tice’s or’’ before ‘‘judge’s’’; 

15 (4) in subsection (c), by inserting ‘‘justice or’’ 

16 before ‘‘judge’’; 

17 (5) in subsection (d)(4)(i), by inserting ‘‘justice 

18 or’’ before ‘‘judge’’; and 

19 (6) in subsection (e), by striking ‘‘judge, or 

20 magistrate judge’’ and inserting ‘‘judge, magistrate 

21 judge, or bankruptcy judge of the United States’’. 

22 (f) PUBLIC NOTICE.—The rules of each court subject 

23 to section 455 of title 28, United States Code, as amended 

24 by this section, shall be amended to require that the clerk 

25 shall publish timely notice on the website of the court of— 


pbinns on DSKJLVW7X2PROD with $$_JOB
10 

•S 359 RS

1 (1) any matter in which a justice, judge, mag2 istrate judge, or bankruptcy judge of the United 

3 States is disqualified under such section; 

4 (2) any matter in which the reviewing panel 

5 under section 1660 of title 28, United States Code, 

6 rules on a motion to disqualify; and 

7 (3) an explanation of each reason for the dis8 qualification or ruling, which shall include a specific 

9 identification of each circumstance that resulted in 

10 such disqualification or ruling, but which shall not 

11 include any private or sensitive information deemed 

12 by a majority of the reviewing panel under section 

13 1660 of title 28, United States Code, as added by 

14 section 5 of this Act, to be appropriate for redaction 

15 and unnecessary in order to provide the litigants and 

16 public a full understanding of the reasons for the 

17 disqualification or ruling. 

18 SEC. 5. REVIEW OF CERTIFIED DISQUALIFICATION MO19 TIONS. 

20 (a) IN GENERAL.—Chapter 111 of title 28, United 

21 States Code, is amended by adding at the end the fol22 lowing: 

23 ‘‘§ 1660. Review of certified motions to disqualify 

24 ‘‘(a) MOTION FOR DISQUALIFICATION.—If a justice, 

25 judge, magistrate judge, or bankruptcy judge of the 


pbinns on DSKJLVW7X2PROD with $$_JOB
11 

•S 359 RS

1 United States is required to be disqualified from a pro2 ceeding under any provision of Federal law, a party to 

3 the proceeding may file a timely motion for disqualifica4 tion, accompanied by a certificate of good faith and an 

5 affidavit alleging facts sufficient to show that disqualifica6 tion of the justice, judge, magistrate judge, or bankruptcy 

7 judge is so required. 

8 ‘‘(b) CONSIDERATION OF MOTION.—A justice, judge, 

9 magistrate judge, or bankruptcy judge of the United 

10 States shall either grant or certify to a reviewing panel 

11 a timely motion filed pursuant to subsection (a) and stay 

12 the proceeding until a final determination is made with 

13 respect to the motion. 

14 ‘‘(c) REVIEWING PANEL.— 

15 ‘‘(1) IN GENERAL.—A reviewing panel to which 

16 a motion is certified under subsection (b) shall be 

17 composed of 3 judges selected at random from 

18 judges of the United States who do not sit on the 

19 same court— 

20 ‘‘(A) as the judge, magistrate judge, or 

21 bankruptcy judge who is the subject of the mo22 tion; or 

23 ‘‘(B) as the other members of the review24 ing panel. 


pbinns on DSKJLVW7X2PROD with $$_JOB
12 

•S 359 RS

1 ‘‘(2) CIRCUIT LIMITATION.—Not more than 1 

2 member of the reviewing panel may be a judge of 

3 the same judicial circuit as the judge, magistrate 

4 judge, or bankruptcy judge who is the subject of the 

5 motion. 

6 ‘‘(3) PARTICIPATION.—The reviewing panel, 

7 prior to its final determination with respect to a mo8 tion filed under subsection (a), shall provide the 

9 judge, magistrate judge, or bankruptcy judge of the 

10 United States who is the subject of such motion an 

11 opportunity to provide in writing the views of the 

12 judge on the motion, including the explanation of 

13 the judge for not granting the motion. 

14 ‘‘(d) SUPREME COURT REVIEW.—The Supreme 

15 Court of the United States, not including the justice who 

16 is the subject of a motion seeking to disqualify a justice 

17 under subsection (a), shall be the reviewing panel for such 

18 motions.’’. 

19 (b) TECHNICAL AND CONFORMING AMENDMENT.— 

20 The table of sections for chapter 111 of title 28, United 

21 States Code, is amended by adding at the end the fol22 lowing: 

‘‘1660. Review of certified motions to disqualify.’’. 

23 SEC. 6. DISCLOSURE BY PARTIES AND AMICI. 

24 Not later than 1 year after the date of enactment 

25 of this Act, the Supreme Court of the United States shall 


pbinns on DSKJLVW7X2PROD with $$_JOB
13 

•S 359 RS

1 prescribe rules of procedure in accordance with sections 

2 2072 through 2074 of title 28, United States Code, requir3 ing each party or amicus to list in the petition or brief 

4 of the party or amicus, as applicable, a description and 

5 value of— 

6 (1) any gift, income, or reimbursement, as 

7 those terms are defined in section 13101 of title 5, 

8 United States Code, provided to any justice, during 

9 the period beginning 2 years prior to the commence10 ment of the proceeding and ending on the date of 

11 final disposition of the proceeding, by— 

12 (A) each such party, amicus, or affiliate of 

13 each such party or amicus; 

14 (B) the lawyers or law firms in the pro15 ceeding of each such party or amicus; and 

16 (C) the officers, directors, or employees of 

17 each such party or amicus; and 

18 (2) any lobbying contact or expenditure of sub19 stantial funds by any person described in subpara20 graphs (A), (B), and (C) of paragraph (1) in sup21 port of the nomination, confirmation, or appoint22 ment of a justice. 


pbinns on DSKJLVW7X2PROD with $$_JOB
14 

•S 359 RS

1 SEC. 7. AMICUS DISCLOSURE. 

2 (a) IN GENERAL.—Chapter 111 of title 28, United 

3 States Code, as amended by section 5, is amended by add4 ing at the end the following: 

5 ‘‘§ 1661. Disclosures related to amicus activities 

6 ‘‘(a) DISCLOSURE.— 

7 ‘‘(1) IN GENERAL.—Any person that files an 

8 amicus brief in a court of the United States shall 

9 list in the amicus brief the name of any person 

10 who— 

11 ‘‘(A) contributed to the preparation or sub12 mission of the amicus brief; 

13 ‘‘(B) contributed not less than 3 percent of 

14 the gross annual revenue of the amicus, or an 

15 affiliate of the amicus, for the previous calendar 

16 year if the amicus is not an individual; or 

17 ‘‘(C) contributed more than $100,000 to 

18 the amicus, or an affiliate of the amicus, in the 

19 previous calendar year. 

20 ‘‘(2) EXCEPTIONS.—The requirements of this 

21 subsection shall not apply to amounts received in 

22 commercial transactions in the ordinary course of 

23 any trade or business by the amicus, or an affiliate 

24 of the amicus, or in the form of investments (other 

25 than investments by the principal shareholder in a 

26 limited liability corporation) in an organization if the 


pbinns on DSKJLVW7X2PROD with $$_JOB
15 

•S 359 RS

1 amounts are unrelated to the amicus filing activities 

2 of the amicus. 

3 ‘‘(b) AUDIT.—The Director of the Administrative Of4 fice of the United States Courts shall conduct an annual 

5 audit to ensure compliance with this section.’’. 

6 (b) TECHNICAL AND CONFORMING AMENDMENT.— 

7 The table of sections for chapter 111 of title 28, United 

8 States Code, as amended by section 5, is amended by add9 ing at the end the following: 

‘‘1661. Disclosures related to amicus activities.’’. 

10 SEC. 8. CONFLICTS RELATED TO AMICI CURIAE. 

11 (a) IN GENERAL.—Except as provided in subsection 

12 (b), the Supreme Court of the United States and the Judi13 cial Conference of the United States shall prescribe rules 

14 of procedure in accordance with sections 2072 through 

15 2074 of title 28, United States Code, for prohibiting the 

16 filing of or striking an amicus brief that would result in 

17 the disqualification of a justice, judge, or magistrate 

18 judge. 

19 (b) INITIAL TRANSMITTAL.—The Supreme Court of 

20 the United States shall transmit to Congress— 

21 (1) the proposed rules required under sub22 section (a) not later than 180 days after the date of 

23 enactment of this Act; and 


pbinns on DSKJLVW7X2PROD with $$_JOB
16 

•S 359 RS

1 (2) any rules in addition to those transmitted 

2 under paragraph (1) pursuant to section 2074 of 

3 title 28, United States Code. 

4 SEC. 9. STUDIES AND REPORTS. 

5 (a) STUDIES.— 

6 (1) IN GENERAL.—Beginning on the date that 

7 is 180 days after the date of enactment of this Act, 

8 and every other year thereafter, the Director of the 

9 Federal Judicial Center shall conduct a study on the 

10 extent of compliance or noncompliance with the re11 quirements of sections 144 and 455 of title 28, 

12 United States Code. 

13 (2) ADDITIONAL TIME.—With respect to the 

14 first such study required to be submitted under 

15 paragraph (1), the requirements of that paragraph 

16 may be implemented after the date described in that 

17 paragraph if the Director of the Federal Judicial 

18 Center identifies in writing to the relevant commit19 tees of Congress the additional time needed for sub20 mission of the study. 

21 (3) FACILITATION OF STUDIES.—The Director 

22 of the Federal Judicial Center shall maintain a 

23 record of each instance in which— 

24 (A) a justice, judge, magistrate judge, or 

25 bankruptcy judge of the United States was not 


pbinns on DSKJLVW7X2PROD with $$_JOB
17 

•S 359 RS

1 assigned to a case due to potential or actual 

2 conflicts; and 

3 (B) a justice, judge, magistrate judge, or 

4 bankruptcy judge of the United States disquali5 fies themselves after a case assignment is made. 

6 (b) REPORTS TO CONGRESS.—Not later than April 

7 1 of each year following the completion of the study re8 quired under subsection (a), the Director of the Federal 

9 Judicial Center shall submit to Congress a report con10 taining the findings of the study and any recommenda11 tions to improve compliance with sections 144 and 455 

12 of title 28, United States Code. 

13 (c) GAO REVIEW.—Not later than 1 year after the 

14 date on which the report is submitted under subsection 

15 (b), and every 5 years thereafter, the Comptroller General 

16 of the United States shall submit to Congress a report 

17 containing— 

18 (1) an evaluation of the methodology and find19 ings of the study required under subsection (a); and 

20 (2) the audit required under section 1661 of 

21 title 28, United States Code, as added by section 7 

22 of this Act. 

23 SECTION 1. SHORT TITLE. 

24 This Act may be cited as the ‘‘Supreme Court Ethics, 

25 Recusal, and Transparency Act of 2023’’. 


pbinns on DSKJLVW7X2PROD with $$_JOB
18 

•S 359 RS

1 SEC. 2. CODE OF CONDUCT FOR THE SUPREME COURT OF 

2 THE UNITED STATES. 

3 (a) IN GENERAL.—Chapter 16 of title 28, United 

4 States Code, is amended by adding at the end the following: 

5 ‘‘§ 365. Codes of conduct 

6 ‘‘(a) JUSTICES.—Not later than 180 days after the 

7 date of enactment of this section, the Supreme Court of the 

8 United States shall, after appropriate public notice and op9 portunity for comment in accordance with section 2071, 

10 issue a code of conduct for the justices of the Supreme Court. 

11 ‘‘(b) OTHER JUDGES.—Not later than 180 days after 

12 the date of enactment of this section, the Judicial Conference 

13 of the United States shall, after appropriate public notice 

14 and opportunity for comment in accordance with section 

15 2071, issue a code of conduct for the judges of the courts 

16 of appeals, the district courts (including bankruptcy judges 

17 and magistrate judges), and the Court of International 

18 Trade. 

19 ‘‘(c) MODIFICATION.—The Supreme Court of the 

20 United States and the Judicial Conference may modify the 

21 applicable codes of conduct under this section after giving 

22 appropriate public notice and opportunity for comment in 

23 accordance with section 2071. 

24 ‘‘§ 366. Public access to ethics rules 

25 ‘‘The Supreme Court of the United States shall make 

26 available on its internet website, in a full-text, searchable, 


pbinns on DSKJLVW7X2PROD with $$_JOB
19 

•S 359 RS

1 sortable, and downloadable format, copies of the code of con2 duct issued under section 365(a), any rules established by 

3 the Counselor to the Chief Justice of the United States under 

4 section 677 and any other related rules or resolutions, as 

5 determined by the Chief Justice of the United States, issued 

6 by the Counselor to the Chief Justice of the United States 

7 or agreed to by the justices of the Supreme Court. 

8 ‘‘§ 367. Complaints against justices 

9 ‘‘(a) RECEIPT OF COMPLAINTS.—Not later than 180 

10 days after the date of enactment of this section, the Supreme 

11 Court of the United States shall establish procedures, mod12 eled after the procedures set forth in sections 351 through 

13 364, under which individuals may file with the Court, or 

14 the Court may identify, complaints alleging that a justice 

15 of the Supreme Court— 

16 ‘‘(1) has violated— 

17 ‘‘(A) the code of conduct issued pursuant to 

18 section 365(a); 

19 ‘‘(B) section 455; or 

20 ‘‘(C) any other applicable provision of Fed21 eral law; or 

22 ‘‘(2) has otherwise engaged in conduct that un23 dermines the integrity of the Supreme Court. 

24 ‘‘(b) JUDICIAL INVESTIGATION PANEL.— 


pbinns on DSKJLVW7X2PROD with $$_JOB
20 

•S 359 RS

1 ‘‘(1) IN GENERAL.—Upon receipt or identifica2 tion of a complaint under subsection (a), the Supreme 

3 Court of the United States shall refer such complaint 

4 to a judicial investigation panel, which shall be com5 posed of a panel of 5 judges selected randomly from 

6 among the chief judge of each circuit of the United 

7 States. 

8 ‘‘(2) DUTIES.—The judicial investigation 

9 panel— 

10 ‘‘(A) shall review and, if appropriate as de11 termined by the panel, investigate all complaints 

12 submitted to the panel using procedures estab13 lished by the panel and modeled after the proce14 dures set forth in sections 351 through 364; 

15 ‘‘(B) shall present to the Supreme Court of 

16 the United States any findings and rec17 ommendations for necessary and appropriate ac18 tion by the Supreme Court, including dismissal 

19 of the complaint, disciplinary actions, or changes 

20 to Supreme Court rules or procedures; 

21 ‘‘(C) if the panel does not recommend dis22 missal of the complaint, not later than 30 days 

23 following the presentation of any findings and 

24 recommendations under this paragraph, shall 


pbinns on DSKJLVW7X2PROD with $$_JOB
21 

•S 359 RS

1 publish a report containing such findings and 

2 recommendations; and 

3 ‘‘(D) if the panel recommends dismissal of 

4 the complaint, may publish any findings and 

5 recommendations if the panel determines that 

6 such publication would be in furtherance of the 

7 public interest. 

8 ‘‘(3) POWERS.—In conducting any investigation 

9 under this section, the judicial investigation panel 

10 may hold hearings, take sworn testimony, issue sub11 poenas ad testificandum and subpoenas duces tecum, 

12 and make necessary and appropriate orders in the ex13 ercise of its authority. 

14 ‘‘(4) ACCESS.—If the judicial investigation panel 

15 determines that a substantially similar complaint 

16 was previously submitted under section 351, but that 

17 such substantially similar complaint was dismissed 

18 for lack of authority to review or act upon such com19 plaint, the panel shall have access to any information 

20 gathered pursuant to this chapter in relation to such 

21 substantially similar complaint. 

22 ‘‘(5) COMPENSATION.—The judicial investigation 

23 panel may appoint and fix the compensation of such 

24 staff as it deems necessary.’’. 


pbinns on DSKJLVW7X2PROD with $$_JOB
22 

•S 359 RS

1 (b) TECHNICAL AND CONFORMING AMENDMENT.—The 

2 table of sections for chapter 16 of title 28, United States 

3 Code, is amended by adding at the end the following: 

‘‘365. Codes of conduct. 

‘‘366. Public access to ethics rules. 

‘‘367. Complaints against justices.’’. 

4 SEC. 3. MINIMUM GIFT, TRAVEL, AND INCOME DISCLOSURE 

5 STANDARDS FOR JUSTICES OF THE SUPREME 

6 COURT. 

7 Section 677 of title 28, United States Code, is amended 

8 by adding at the end the following: 

9 ‘‘(e) The Counselor, with the approval of the Chief Jus10 tice, shall establish rules governing the disclosure of all gifts, 

11 income, or reimbursements, as those terms are defined in 

12 section 13101 of title 5, received by any justice and any 

13 law clerk to a justice. Such rules shall, at minimum, require 

14 disclosure of any information concerning gifts, income, and 

15 reimbursements required to be disclosed under the Standing 

16 Rules of the Senate and the Rules of the House of Represent17 atives.’’. 

18 SEC. 4. CIRCUMSTANCES REQUIRING DISQUALIFICATION. 

19 (a) ANTICORRUPTION PROTECTIONS.—Subsection (b) 

20 of section 455 of title 28, United States Code, is amended 

21 by adding at the end the following: 

22 ‘‘(6) Where the justice or judge knows that a 

23 party to the proceeding or an affiliate of a party to 

24 the proceeding made any lobbying contact, as defined 


pbinns on DSKJLVW7X2PROD with $$_JOB
23 

•S 359 RS

1 in section 3 of the Lobbying Disclosure Act of 1995 

2 (2 U.S.C. 1602), or spent substantial funds in sup3 port of the nomination, confirmation, or appointment 

4 of the justice or judge. 

5 ‘‘(7) Where the justice or judge, their spouse, 

6 their minor child, or a privately held entity owned by 

7 any such person received income, a gift, or reimburse8 ment, as those terms are defined in section 13101 of 

9 title 5— 

10 ‘‘(A) from a party to the proceeding or an 

11 affiliate of a party to the proceeding; and 

12 ‘‘(B) during the period beginning on the 

13 date that is 6 years before the date on which the 

14 justice or judge was assigned to the proceeding 

15 and ending on the date of final disposition of the 

16 proceeding.’’. 

17 (b) DUTY TO KNOW.—Subsection (c) of section 455 of 

18 title 28, United States Code, is amended to read as follows: 

19 ‘‘(c) A justice, judge, magistrate judge, or bankruptcy 

20 judge of the United States shall ascertain— 

21 ‘‘(1) the personal and fiduciary financial inter22 ests of the justice or judge; 

23 ‘‘(2) the personal financial interests of the spouse 

24 and minor children residing in the household of the 

25 justice or judge; and 


pbinns on DSKJLVW7X2PROD with $$_JOB
24 

•S 359 RS

1 ‘‘(3) any interest of the persons described in 

2 paragraph (2) that could be substantially affected by 

3 the outcome of the proceeding.’’. 

4 (c) DIVESTMENT.—Subsection (f) of section 455 of title 

5 28, United States Code, is amended by inserting ‘‘under 

6 subsection (b)(4)’’ after ‘‘disqualified’’. 

7 (d) DUTY TO NOTIFY.—Section 455 of title 28, United 

8 States Code, is amended by adding at the end the following: 

9 ‘‘(g) If at any time a justice, judge, magistrate judge, 

10 or bankruptcy judge of the United States learns of a condi11 tion that could reasonably require disqualification under 

12 this section, the justice or judge shall immediately notify 

13 all parties to the proceeding.’’. 

14 (e) TECHNICAL AND CONFORMING AMENDMENTS.— 

15 Section 455 of title 28, United States Code, as amended 

16 by this section, is amended— 

17 (1) in the section heading, by striking ‘‘judge, 

18 or magistrate judge’’ and inserting ‘‘judge, 

19 magistrate judge, or bankruptcy judge’’; 

20 (2) in subsection (a), by striking ‘‘judge, or mag21 istrate judge’’ and inserting ‘‘judge, magistrate judge, 

22 or bankruptcy judge’’; 

23 (3) in subsection (b)— 


pbinns on DSKJLVW7X2PROD with $$_JOB
25 

•S 359 RS

1 (A) in paragraph (2), by striking ‘‘the judge 

2 or such lawyer’’ and inserting ‘‘the justice, the 

3 judge, or such lawyer’’; 

4 (B) in paragraph (5)(iii), by inserting ‘‘jus5 tice or’’ before ‘‘judge’’; and 

6 (C) in paragraph (5)(iv), by inserting ‘‘jus7 tice’s or’’ before ‘‘judge’s’’; 

8 (4) in subsection (d)(4)(i), by inserting ‘‘justice 

9 or’’ before ‘‘judge’’; and 

10 (5) in subsection (e), by striking ‘‘judge, or mag11 istrate judge’’ and inserting ‘‘judge, magistrate judge, 

12 or bankruptcy judge of the United States’’. 

13 (f) PUBLIC NOTICE.—The rules of each court subject 

14 to section 455 of title 28, United States Code, as amended 

15 by this section, shall be amended to require that the clerk 

16 shall publish timely notice on the website of the court of— 

17 (1) any matter in which a justice, judge, mag18 istrate judge, or bankruptcy judge of the United 

19 States is disqualified under such section; 

20 (2) any matter in which the reviewing panel 

21 under section 1660 of title 28, United States Code, as 

22 added by section 5 of this Act, rules on a motion to 

23 disqualify; and 

24 (3) an explanation of each reason for the dis25 qualification or ruling, which shall include a specific 


pbinns on DSKJLVW7X2PROD with $$_JOB
26 

•S 359 RS

1 identification of each circumstance that resulted in 

2 such disqualification or ruling, but which shall not 

3 include any private or sensitive information deemed 

4 by a majority of the reviewing panel under section 

5 1660 of title 28, United States Code, as added by sec6 tion 5 of this Act, to be appropriate for redaction and 

7 unnecessary in order to provide the litigants and pub8 lic a full understanding of the reasons for the dis9 qualification or ruling. 

10 SEC. 5. REVIEW OF CERTIFIED DISQUALIFICATION MO11 TIONS. 

12 (a) IN GENERAL.—Chapter 111 of title 28, United 

13 States Code, is amended by adding at the end the following: 

14 ‘‘§ 1660. Review of certified motions to disqualify 

15 ‘‘(a) MOTION FOR DISQUALIFICATION.—If a justice, 

16 judge, magistrate judge, or bankruptcy judge of the United 

17 States is required to be disqualified from a proceeding 

18 under any provision of Federal law, a party to the pro19 ceeding may file a timely motion for disqualification, ac20 companied by a certificate of good faith and an affidavit 

21 alleging facts sufficient to show that disqualification of the 

22 justice, judge, magistrate judge, or bankruptcy judge is so 

23 required. 

24 ‘‘(b) CONSIDERATION OF MOTION.—A justice, judge, 

25 magistrate judge, or bankruptcy judge of the United States 


pbinns on DSKJLVW7X2PROD with $$_JOB
27 

•S 359 RS

1 shall either grant or certify to a reviewing panel a timely 

2 motion filed pursuant to subsection (a) and stay the pro3 ceeding until a final determination is made with respect 

4 to the motion. 

5 ‘‘(c) REVIEWING PANEL.— 

6 ‘‘(1) IN GENERAL.—A reviewing panel to which 

7 a motion is certified under subsection (b) with respect 

8 to a judge, magistrate judge, or bankruptcy judge of 

9 the United States shall be composed of 3 judges se10 lected at random from judges of the United States 

11 who do not sit on the same court— 

12 ‘‘(A) as the judge, magistrate judge, or 

13 bankruptcy judge who is the subject of the mo14 tion; or 

15 ‘‘(B) as the other members of the reviewing 

16 panel. 

17 ‘‘(2) CIRCUIT LIMITATION.—Not more than 1 

18 member of the reviewing panel may be a judge of the 

19 same judicial circuit as the judge, magistrate judge, 

20 or bankruptcy judge who is the subject of the motion. 

21 ‘‘(3) PARTICIPATION.—The reviewing panel, 

22 prior to its final determination with respect to a mo23 tion filed under subsection (a), shall provide the 

24 judge, magistrate judge, or bankruptcy judge of the 

25 United States who is the subject of such motion an 


pbinns on DSKJLVW7X2PROD with $$_JOB
28 

•S 359 RS

1 opportunity to provide in writing the views of the 

2 judge on the motion, including the explanation of the 

3 judge for not granting the motion. 

4 ‘‘(d) SUPREME COURT REVIEW.—The Supreme Court 

5 of the United States, not including the justice who is the 

6 subject of a motion seeking to disqualify a justice under 

7 subsection (a), shall be the reviewing panel for such mo8 tions.’’. 

9 (b) TECHNICAL AND CONFORMING AMENDMENT.—The 

10 table of sections for chapter 111 of title 28, United States 

11 Code, is amended by adding at the end the following: 

‘‘1660. Review of certified motions to disqualify.’’. 

12 SEC. 6. DISCLOSURE BY PARTIES AND AMICI. 

13 Not later than 1 year after the date of enactment of 

14 this Act, the Supreme Court of the United States shall pre15 scribe rules of procedure in accordance with sections 2072 

16 through 2074 of title 28, United States Code, requiring each 

17 party or amicus to list in the petition or brief of the party 

18 or amicus, as applicable, a description and value of— 

19 (1) any gift, income, or reimbursement, as those 

20 terms are defined in section 13101 of title 5, United 

21 States Code, provided to any justice, during the pe22 riod beginning 2 years prior to the commencement of 

23 the proceeding and ending on the date of final dis24 position of the proceeding, by— 


pbinns on DSKJLVW7X2PROD with $$_JOB
29 

•S 359 RS

1 (A) each such party, amicus, or affiliate of 

2 each such party or amicus; 

3 (B) the lawyers or law firms in the pro4 ceeding of each such party or amicus; and 

5 (C) the officers, directors, or employees of 

6 each such party or amicus; and 

7 (2) any lobbying contact or expenditure of sub8 stantial funds by any person described in subpara9 graphs (A), (B), and (C) of paragraph (1) in support 

10 of the nomination, confirmation, or appointment of a 

11 justice. 

12 SEC. 7. AMICUS DISCLOSURE. 

13 (a) IN GENERAL.—Chapter 111 of title 28, United 

14 States Code, as amended by section 5, is amended by adding 

15 at the end the following: 

16 ‘‘§ 1661. Disclosures related to amicus activities 

17 ‘‘(a) DISCLOSURE.— 

18 ‘‘(1) IN GENERAL.—Any person that files an 

19 amicus brief in a court of the United States shall list 

20 in the amicus brief the name of any person who— 

21 ‘‘(A) contributed to the preparation or sub22 mission of the amicus brief; 

23 ‘‘(B) contributed not less than 3 percent of 

24 the gross annual revenue of the amicus, or an afVerDate Sep 11 2014 01:01 Sep 06, 2023 Jkt 039200 PO 00000 Frm 00029 Fmt 6652 Sfmt 6203 E:\BILLS\S359.RS S359

pbinns on DSKJLVW7X2PROD with $$_JOB
30 

•S 359 RS

1 filiate of the amicus, for the previous calendar 

2 year if the amicus is not an individual; or 

3 ‘‘(C) contributed more than $100,000 to the 

4 amicus, or an affiliate of the amicus, in the pre5 vious calendar year. 

6 ‘‘(2) EXCEPTIONS.—The requirements of this 

7 subsection shall not apply to amounts received in 

8 commercial transactions in the ordinary course of 

9 any trade or business by the amicus, or an affiliate 

10 of the amicus, or in the form of investments (other 

11 than investments by the principal shareholder in a 

12 limited liability corporation) in an organization if 

13 the amounts are unrelated to the amicus filing activi14 ties of the amicus. 

15 ‘‘(b) AUDIT.—The Director of the Administrative Of16 fice of the United States Courts shall conduct an annual 

17 audit to ensure compliance with this section.’’. 

18 (b) TECHNICAL AND CONFORMING AMENDMENT.—The 

19 table of sections for chapter 111 of title 28, United States 

20 Code, as amended by section 5, is amended by adding at 

21 the end the following: 

‘‘1661. Disclosures related to amicus activities.’’. 

22 SEC. 8. CONFLICTS RELATED TO AMICI CURIAE. 

23 (a) IN GENERAL.—Except as provided in subsection 

24 (b), the Supreme Court of the United States and the Judi25 cial Conference of the United States shall prescribe rules 


pbinns on DSKJLVW7X2PROD with $$_JOB
31 

•S 359 RS

1 of procedure in accordance with sections 2072 through 2074 

2 of title 28, United States Code, for prohibiting the filing 

3 of or striking an amicus brief that would result in the dis4 qualification of a justice, judge, or magistrate judge. 

5 (b) INITIAL TRANSMITTAL.—The Supreme Court of the 

6 United States shall transmit to Congress— 

7 (1) the proposed rules required under subsection 

8 (a) not later than 180 days after the date of enact9 ment of this Act; and 

10 (2) any rules in addition to those transmitted 

11 under paragraph (1) pursuant to section 2074 of title 

12 28, United States Code. 

13 SEC. 9. STUDIES AND REPORTS. 

14 (a) STUDIES.— 

15 (1) IN GENERAL.—Beginning on the date that is 

16 180 days after the date of enactment of this Act, and 

17 every other year thereafter, the Director of the Federal 

18 Judicial Center shall conduct a study on the extent 

19 of compliance or noncompliance with the require20 ments of sections 144 and 455 of title 28, United 

21 States Code. 

22 (2) ADDITIONAL TIME.—With respect to the first 

23 such study required to be submitted under paragraph 

24 (1), the requirements of that paragraph may be im25 plemented after the date described in that paragraph 


pbinns on DSKJLVW7X2PROD with $$_JOB
32 

•S 359 RS

1 if the Director of the Federal Judicial Center identi2 fies in writing to the relevant committees of Congress 

3 the additional time needed for submission of the 

4 study. 

5 (3) FACILITATION OF STUDIES.—The Director of 

6 the Federal Judicial Center shall maintain a record 

7 of each instance in which— 

8 (A) a justice, judge, magistrate judge, or 

9 bankruptcy judge of the United States was not 

10 assigned to a case due to potential or actual con11 flicts; and 

12 (B) a justice, judge, magistrate judge, or 

13 bankruptcy judge of the United States disquali14 fies themselves after a case assignment is made. 

15 (b) REPORTS TO CONGRESS.—Not later than April 1 

16 of each year following the completion of the study required 

17 under subsection (a), the Director of the Federal Judicial 

18 Center shall submit to Congress a report containing the 

19 findings of the study and any recommendations to improve 

20 compliance with sections 144 and 455 of title 28, United 

21 States Code. 

22 (c) GAO REVIEW.—Not later than 1 year after the 

23 date on which the report is submitted under subsection (b), 

24 and every 5 years thereafter, the Comptroller General of the 


pbinns on DSKJLVW7X2PROD with $$_JOB
33 

•S 359 RS

1 United States shall submit to Congress a report con2 taining— 

3 (1) an evaluation of the methodology and find4 ings of the study required under subsection (a); and 

5 (2) the audit required under section 1661 of title 

6 28, United States Code, as added by section 7 of this 

7 Act. 

8 SEC. 10. SENSE OF CONGRESS. 

9 (a) FINDINGS.—Congress finds the following: 

10 (1) Since Justice Clarence Thomas’s nomination 

11 to the Supreme Court on July 1, 1991, he has been 

12 wrongfully subject to multiple racially inflammatory 

13 insults. 

14 (2) Racially charged and offensive remarks have 

15 been made by several public figures with little to no 

16 consequence or attention. 

17 (3) Justice Thomas has been subject to multiple 

18 racial attacks merely for expressing a viewpoint that 

19 does not comport with offensive stereotypes about Af20 rican Americans. 

21 (4) On July 13, 2023, Minnesota Attorney Gen22 eral Keith Ellison offensively likened Justice Thomas 

23 to a house slave from the film Django Unchained. 

24 (5) On April 27, 2014, Representative Bennie 

25 Thompson of Mississippi, used racially charged lanVerDate Sep 11 2014 01:01 Sep 06, 2023 Jkt 039200 PO 00000 Frm 00033 Fmt 6652 Sfmt 6203 E:\BILLS\S359.RS S359

pbinns on DSKJLVW7X2PROD with $$_JOB
34 

•S 359 RS

1 guage to characterize Justice Thomas, including by 

2 calling him an ‘‘Uncle Tom’’ and refused to rescind 

3 his remarks or issue an apology during an interview 

4 on April 30, 2014. 

5 (6) On February 14, 2023, Georgia State Sen6 ator Emanuel Jones also used racially charged lan7 guage to characterize Justice Thomas, including by 

8 calling him an ‘‘Uncle Tom’’ figure. 

9 (7) MSNBC host Joy Reid has cast aspersions on 

10 Justice Thomas in a racially offensive manner for 

11 several years, in light of her disagreement with his ju12 risprudence. 

13 (8) Justice Thomas has been subject to numerous 

14 other racially charged comments and slurs from those 

15 who disagree with his jurisprudence. 

16 (9) On July 13, 2022, more than 100 African 

17 American academics and community leaders signed 

18 an open letter condemning the ‘‘barrage of racist, vi19 cious, and ugly personal attacks’’ on Justice Thomas. 

20 (10) Racially charged insults and defamatory 

21 comments have surged in the wake of recent Supreme 

22 Court decisions, in an attempt to humiliate, punish, 

23 and demean Justice Thomas. 

24 (b) SENSE OF CONGRESS.—It is the sense of Congress 

25 that Congress— 


pbinns on DSKJLVW7X2PROD with $$_JOB
35 

•S 359 RS

1 (1) condemns all racial attacks and comments 

2 leveled against any current or former justice of the 

3 Supreme Court of the United States, including Jus4 tice Thomas, including those likening him to an 

5 ‘‘Uncle Tom’’ figure or any other repugnant stereo6 type; 

7 (2) condemns racial attacks on any government 

8 official or person merely for expressing a view that 

9 some deem ‘‘conservative’’; 

10 (3) recognizes the importance of judging a person 

11 on the basis of the merits of his ideas and the content 

12 of his character, rather than on the basis of offensive 

13 and derogatory racial stereotypes; and 

14 (4) recognizes that Justice Thomas’s jurispru15 dence does not excuse racial aggression against him. 


pbinns on DSKJLVW7X2PROD with $$_JOB
Calendar No. 199 

118TH CONGRESS 

1ST SESSION S. 359 

A BILL 

To amend title 28, United States Code, to provide 

poses. Court of the United States, and for other purfor a code of conduct for justices of the Supreme 

SEPTEMBER 5, 2023 

Reported with an amendment 


pbinns on DSKJLVW7X2PROD with $$_JOB