II 

117TH CONGRESS 

1ST SESSION S. 3385 

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

to amicus activities. 

IN THE SENATE OF THE UNITED STATES 

DECEMBER 14, 2021 

Mr. WHITEHOUSE (for himself, Mr. SANDERS, Mr. BLUMENTHAL, Ms. 

HIRONO, Ms. WARREN, and Mr. LUJA ́N) 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 an amicus brief in a calendar year in 

5 the Supreme Court of the United States or a courts of 

6 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 calendar 

21 year. 

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

23 subsection shall not apply to amounts received by a 

24 covered amicus described in paragraph (1) in com25 mercial transactions in the ordinary course of any 

26 trade or business conducted by the covered amicus 


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1 or in the form of investments (other than invest2 ments by the principal shareholder in a limited li3 ability corporation) in an organization if the 

4 amounts are unrelated to the amicus filing activities 

5 of the covered amicus. 

6 ‘‘(c) AUDIT.—The Comptroller General of the United 

7 States shall conduct an annual audit to ensure compliance 

8 with this section. 

9 ‘‘(d) PROHIBITION ON PROVISION OF GIFTS OR

10 TRAVEL BY COVERED AMICI TO JUDGES AND JUS11 TICES.— 

12 ‘‘(1) IN GENERAL.—Except as provided in para13 graph (2), no covered amicus may make a gift or 

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

15 United States, the Chief Justice of the United 

16 States, or an associate justice of the Supreme Court 

17 of the United States. 

18 ‘‘(2) REIMBURSEMENT FOR TRAVEL FOR AP19 PEARANCES AT ACCREDITED LAW SCHOOLS.—Para20 graph (1) shall not apply to reimbursement for trav21 el for an appearance at an accredited law school. 

22 ‘‘(e) CIVIL FINES.—Whoever knowingly fails to com23 ply with any provision of this section shall, upon proof of 

24 such knowing violation by a preponderance of the eviVerDate Sep 11 2014 03:17 Dec 16, 2021 Jkt 029200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S3385.IS S3385

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1 dence, be subject to a civil fine of not more than $200,000, 

2 depending on the extent and gravity of the violation. 

3 ‘‘(f) RULES OF CONSTRUCTION.— 

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

5 this section shall be construed to prohibit or inter6 fere with— 

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

8 for the redress of grievances; 

9 ‘‘(B) the right to express a personal opin10 ion; or 

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

12 the First Amendment to the Constitution of the 

13 United States. 

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

15 this section shall be construed to prohibit, or to au16 thorize any court to prohibit, amicus activities by 

17 any person or entity, regardless of whether such per18 son or entity is in compliance with the requirements 

19 of this section. 

20 ‘‘(g) SEVERABILITY.—If any provision of this section, 

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

22 the remainder of this section and the application of such 

23 provision to other persons and circumstances shall not be 

24 affected thereby.’’. 


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1 (b) TECHNICAL AND CONFORMING AMENDMENT.— 

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

3 States Code, is amended by adding at the end the fol4 lowing: 

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

Æ 


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