II 

116TH CONGRESS 

1ST SESSION S. 1411 

To amend title 28, United States Code, to require certain disclosures related 

to amicus activities. 

IN THE SENATE OF THE UNITED STATES 

MAY 9, 2019 

Mr. WHITEHOUSE (for himself, Ms. HIRONO, and Mr. BLUMENTHAL) introduced the following bill; which was read twice and referred to the Committee on the Judiciary 

A BILL 

To amend title 28, United States Code, to require certain 

disclosures related to amicus activities. 

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 ‘‘Assessing Monetary 

5 Influence in the Courts of the United States Act’’ or the 

6 ‘‘AMICUS Act’’. 

7 SEC. 2. DISCLOSURES RELATED TO AMICUS ACTIVITIES. 

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

9 States Code, is amended by adding at the end the fol10 lowing: 


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1 ‘‘§ 1660. Disclosures related to amicus activities 

2 ‘‘(a) DEFINITION.—In this section, the term ‘covered 

3 amicus’ means any person, including any affiliate of the 

4 person, that files not fewer than 3 total amicus briefs in 

5 any calendar year in the Supreme Court of the United 

6 States and the courts of appeals of the United States. 

7 ‘‘(b) DISCLOSURE.— 

8 ‘‘(1) IN GENERAL.—Any covered amicus that 

9 files an amicus brief in the Supreme Court of the 

10 United States or a court of appeals of the United 

11 States shall list in the amicus brief the name of any 

12 person who— 

13 ‘‘(A) contributed to the preparation or sub14 mission of the amicus brief; 

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

16 the gross annual revenue of the covered amicus 

17 for the previous calendar year if the covered 

18 amicus is not an individual; or 

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

20 the covered amicus in the previous year. 

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

22 subsection shall not apply to amounts received by a 

23 covered amicus described in paragraph (1) in com24 mercial transactions in the ordinary course of any 

25 trade or business conducted by the covered amicus 

26 or in the form of investments (other than investVerDate Sep 11 2014 06:25 May 17, 2019 Jkt 089200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S1411.IS S1411

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1 ments by the principal shareholder in a limited li2 ability corporation) in an organization if the 

3 amounts are unrelated to the amicus filing activities 

4 of the covered amicus. 

5 ‘‘(c) REGISTRATION.— 

6 ‘‘(1) IN GENERAL.—Each covered amicus shall 

7 register as a covered amicus with the Administrative 

8 Office of the United States Courts. 

9 ‘‘(2) CONTENTS.—The registration described in 

10 paragraph (1) shall include— 

11 ‘‘(A) the name of the registrant; 

12 ‘‘(B) a general description of the business 

13 or activities of the registrant; 

14 ‘‘(C) the name of any person described in 

15 subsection (b)(1); 

16 ‘‘(D) a statement of the general issue 

17 areas in which the registrant expects to engage 

18 in amicus activities; and 

19 ‘‘(E) to the extent practicable, specific 

20 issues that have, as of the date of the registra21 tion, already been addressed or are likely to be 

22 addressed in the amicus activities of the reg23 istrant. 

24 ‘‘(3) DEADLINE.—Each amicus shall submit to 

25 the Administrative Office of the United States 


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1 Courts the registration required under this sub2 section not later than— 

3 ‘‘(A) 45 days after the date on which the 

4 amicus becomes a covered amicus; and 

5 ‘‘(B) January 1 of the calendar year after 

6 the calendar year in which the amicus was a 

7 covered amicus. 

8 ‘‘(d) AUDIT.—The Comptroller General of the United 

9 States shall conduct an annual audit to ensure compliance 

10 with this section. 

11 ‘‘(e) PUBLICLY AVAILABLE LISTS.—The Administra12 tive Office of the United States Courts shall periodically 

13 update the website of the Administrative Office of the 

14 United States Courts with the information described in 

15 subsection (c)(2), which shall be made publicly available 

16 indefinitely. 

17 ‘‘(f) PROHIBITION ON PROVISION OF GIFTS OR TRAV18 EL BY COVERED AMICI TO JUDGES AND JUSTICES.— 

19 ‘‘(1) IN GENERAL.—Except as provided in para20 graph (2), no covered amicus may make a gift or 

21 provide travel to a judge of a court of appeals of the 

22 United States, the Chief Justice of the United 

23 States, or an associate justice of the Supreme Court 

24 of the United States. 


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1 ‘‘(2) REIMBURSEMENT FOR TRAVEL FOR AP2 PEARANCES AT ACCREDITED LAW SCHOOLS.—Para3 graph (1) shall not apply to reimbursement for trav4 el for an appearance at an accredited law school. 

5 ‘‘(g) CIVIL FINES.— 

6 ‘‘(1) IN GENERAL.—Whoever knowingly fails to 

7 comply with any provision of this section shall, upon 

8 proof of such knowing violation by a preponderance 

9 of the evidence, be subject to a civil fine of not more 

10 than $200,000, depending on the extent and gravity 

11 of the violation. 

12 ‘‘(2) USE OF FINES.—Amounts collected from 

13 fines issued under paragraph (1) may be used to 

14 maintain the website described in subsection (e)(2). 

15 ‘‘(h) RULES OF CONSTRUCTION.— 

16 ‘‘(1) CONSTITUTIONAL RIGHTS.—Nothing in 

17 this section shall be construed to prohibit or inter18 fere with— 

19 ‘‘(A) the right to petition the Government 

20 for the redress of grievances; 

21 ‘‘(B) the right to express a personal opin22 ion; or 

23 ‘‘(C) the right of association, protected by 

24 the First Amendment to the Constitution of the 

25 United States. 


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1 ‘‘(2) PROHIBITION OF ACTIVITIES.—Nothing in 

2 this section shall be construed to prohibit, or to au3 thorize any court to prohibit, amicus activities by 

4 any person or entity, regardless of whether such per5 son or entity is in compliance with the requirements 

6 of this section. 

7 ‘‘(i) SEVERABILITY.—If any provision of this section, 

8 or the application thereof, is held invalid, the validity of 

9 the remainder of this section and the application of such 

10 provision to other persons and circumstances shall not be 

11 affected thereby.’’. 

12 (b) TECHNICAL AND CONFORMING AMENDMENT.— 

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

14 States Code, is amended by adding at the end the fol15 lowing: 

‘‘1660. Disclosures related to amicus activities.’’. 

Æ 


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