I 
118TH CONGRESS 
1ST SESSION H. R. 3973 
To establish judicial ethics. 
IN THE HOUSE OF REPRESENTATIVES 
JUNE 9, 2023 
Ms. JAYAPAL (for herself, Ms. BARRAGA´N, Mr. BEYER, Mr. BLUMENAUER, 
Mr. BOWMAN, Mr. CARSON, Ms. CHU, Ms. CLARKE of New York, Mr. 
COHEN, Ms. CROCKETT, Mr. DAVIS of Illinois, Mr. DELUZIO, Ms. 
ESCOBAR, Mr. ROBERT GARCIA of California, Mr. GARCI´A of Illinois, Ms. 
GARCIA of Texas, Mr. GOLDMAN of New York, Mr. GRIJALVA, Ms. 
HOYLE of Oregon, Ms. JACKSON LEE, Mr. KHANNA, Ms. LEE of Cali-
fornia, Mr. MAGAZINER, Ms. MENG, Mr. MULLIN, Mr. NADLER, Ms. 
NORTON, Ms. OMAR, Ms. PINGREE, Mr. POCAN, Ms. PORTER, Ms. SCHA-
KOWSKY, Mr. TAKANO, Ms. TLAIB, Ms. TOKUDA, Mrs. WATSON COLE-
MAN, and Mr. SCHIFF) introduced the following bill; which was referred 
to the Committee on the Judiciary, and in addition to the Committees 
on Oversight and Accountability, Rules, Financial Services, Agriculture, 
and House Administration, for a period to be subsequently determined by 
the Speaker, in each case for consideration of such provisions as fall with-
in the jurisdiction of the committee concerned 
A BILL 
To establish judicial ethics. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Judicial Ethics and 
Anti-Corruption Act of 2023’’. 
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SEC. 2. CONFLICTS OF INTEREST RULES FOR JUDGES AND 
JUSTICES AND NONCONFLICTED FEDERAL 
EMPLOYEE INVESTMENT ACCOUNTS. 
(a) REQUIRED DIVESTMENTS OF CONFLICTED AS-
SETS.— 
(1) STOCKS
AND
SECURITIES.—No judge or 
justice may own an interest in or trade (except a di-
vestment required or approved by the Judicial Con-
ference of the United States) any stock, bond, com-
modity, future, and other form of security, including 
an interest in a hedge fund, a derivative, option, or 
other complex investment vehicle, except noncon-
flicted assets allowed under subsection (b). 
(2) COMMERCIAL REAL ESTATE.—No judge or 
justice may maintain ownership in commercial real 
estate, unless ownership of such commercial real es-
tate is necessary for an entity described in para-
graph (4)(C). 
(3) TRUSTS.— 
(A) IN
GENERAL.—No judge or justice 
may maintain a financial interest in any trust, 
including a family trust, if the Judicial Con-
ference of the United States determines that 
the trust includes any— 
(i) asset that might present a conflict 
of interest; or 
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(ii) stock, bond, commodity, future, 
and other form of security, including an in-
terest in a hedge fund, a derivative, option, 
or other complex investment vehicle, except 
nonconflicted assets allowed under sub-
section (b). 
(B) EXCEPTION.—Subparagraph (A) shall 
not apply to a trust described in section 
13104(f)(2) of title 5, United States Code. 
(4) BUSINESSES AND COMPANIES.— 
(A) PRIVATELY OWNED OR CLOSELY HELD 
CORPORATION.—No judge or justice may main-
tain ownership in a privately owned or closely 
held corporation, company, firm, partnership, or 
other business enterprise. 
(B) BOARD MEMBERS.—No judge or jus-
tice may serve on the board of directors of any 
for-profit entity, including any corporation, 
company, firm, partnership, or other business 
enterprise. 
(C) EXCEPTION.—Subparagraphs (A) and 
(B) shall not apply to a corporation, company, 
firm, partnership, or other business enterprise 
that has gross receipts for the previous taxable 
year of less than $5,000,000. 
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(b) NONCONFLICTED ASSETS.— 
(1) IN
GENERAL.—A judge or justice may 
maintain assets that do not present a conflict of in-
terest, including— 
(A) a widely held investment fund— 
(i) described in section 13104(f)(8) of 
title 5, United States Code; 
(ii) that meets the requirements de-
scribed in paragraph (2); and 
(iii) that is diversified because the 
fund does not have a stated policy of con-
centrating the investments of the fund in 
any industry, business, single country 
other than the United States, or bonds of 
any single State; 
(B) noncommercial real estate, including 
real estate used solely as a personal residence; 
(C) cash, certificates of deposit, or other 
forms of savings accounts; 
(D) a federally managed asset, including— 
(i) financial interests in or income de-
rived from— 
(I) any retirement system under 
title 5, United States Code (including 
the Thrift Savings Plan under sub-
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chapter III of chapter 84 of such 
title); or 
(II) any other retirement system 
maintained by the United States for 
officers or employees of the United 
States, including the President, or for 
members of the uniformed services; 
(ii) benefits received under the Social 
Security Act (42 U.S.C. 301 et seq.); and 
(iii) an asset in the Federal Employee 
Investment Account described in para-
graph (3); 
(E) bonds, bills, and notes issued by gov-
ernmental sources, such as the Federal Govern-
ment, State, or other municipality; 
(F) shares of Settlement Common Stock 
issued under section 7(g)(1)(A) of the Alaska 
Native Claims Settlement Act (43 U.S.C. 
1606(g)(1)(A)); and 
(G) shares of Settlement Common Stock, 
as defined in section 3 of the Alaska Native 
Claims Settlement Act (43 U.S.C. 1602). 
(2) WIDELY
HELD
INVESTMENT
FUND
RE-
QUIREMENTS.—A judge or justice may not maintain 
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a widely held investment fund described in section 
13104(f)(8) of title 5, United States Code, unless— 
(A) the widely held investment fund is— 
(i) diversified, as described in para-
graph (1)(A)(iii); and 
(ii) registered as a management com-
pany under the Investment Company Act 
of 1940 (15 U.S.C. 80a–1 et seq.); 
(B) the widely held investment fund does 
not present a conflict of interest; and 
(C) any instructions to a manager of the 
widely held investment fund are shared with the 
Judicial Conference of the United States. 
(3) FEDERAL
EMPLOYEE
INVESTMENT
AC-
COUNT.—Section 8472 of title 5, United States 
Code, is amended— 
(A) in subsection (f)— 
(i) in paragraph (2), by striking 
‘‘and’’ at the end; 
(ii) in paragraph (3), by striking the 
period at the end and inserting a semi-
colon; and 
(iii) by adding at the end the fol-
lowing: 
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‘‘(4) not later than 3 years after the date of en-
actment of this paragraph, establish Federal Em-
ployee Investment Accounts in the Treasury of the 
United States accounts for judges and justices to 
maintain investments in the stock and securities 
markets in which a judge or justice may— 
‘‘(A) sell an asset or security, including 
those assets or securities that present a conflict 
of interest under section 2(a) of the Judicial 
Ethics and Anti-Corruption Act of 2023, and 
invest the resulting funds into the Federal Em-
ployee Investment Accounts; and 
‘‘(B) withdraw funds from their Federal 
Employee Investment Account at any time; 
‘‘(5) act in the interest of the plan participants 
and beneficiaries of Federal Employee Investment 
Accounts when making decisions for the purpose of 
providing benefits to those participants and bene-
ficiaries; 
‘‘(6) establish a new and parallel system for 
recordkeeping with respect to Federal Employee In-
vestment Accounts; and 
‘‘(7) establish a Federal Employee Investment 
Fund to fully cover administrative costs associated 
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with managing Federal Employee Investment Ac-
counts, which— 
‘‘(A) shall be separate from the Thrift Sav-
ings Fund established under section 8437, ex-
cept with respect to administrative costs for 
common resources; and 
‘‘(B) may be used for compensation to pay 
new employees, additional resources for infor-
mation technology, additional call center capac-
ity, and any other new capacity to handle the 
administration of Federal Employee Investment 
Accounts.’’; 
(B) in subsection (g)(1)— 
(i) in subparagraph (C), by striking 
‘‘and’’ at the end; 
(ii) by striking the period at the end 
and inserting ‘‘; and’’; and 
(iii) by adding at the end the fol-
lowing: 
‘‘(E) promulgate regulations for the ad-
ministration of Federal Employee Investment 
Accounts.’’; and 
(C) by adding at the end the following: 
‘‘(k) AUTHORIZATION OF APPROPRIATIONS.—There 
is authorized to be appropriated such sums as may be nec-
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essary to establish and maintain Federal Employee Invest-
ment Accounts established under subsection (f), including 
for the purpose of reducing any fees paid by participants 
in the Federal Employee Investment Accounts.’’. 
(c) CIVIL FINES.—The Attorney General or the Spe-
cial Counsel may bring a civil action in the appropriate 
United States district court against any judge or justice 
who engages in conduct constituting a violation of this sec-
tion and, upon proof of such conduct by a preponderance 
of the evidence, such judge or justice shall be subject to 
a civil penalty of not more than $50,000 for each violation. 
The imposition of a civil penalty under this subsection 
does not preclude any other criminal or civil statutory, 
common law, or administrative remedy, which is available 
by law to the United States or any other person. 
SEC. 3. CLARIFICATION OF GIFT BAN. 
(a) IN GENERAL.—Section 7353 of title 5, United 
States Code, is amended— 
(1) in subsection (a), in the matter preceding 
paragraph (1), by striking ‘‘anything of value’’ and 
inserting ‘‘a gift’’; 
(2) in subsection (b)(2), by adding at the end 
the following: 
‘‘(C) The total monetary value of any gifts 
accepted by a Member, officer, or employee pur-
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suant to subparagraph (A) as personal hospi-
tality during any calendar year shall not exceed 
an amount equal to the dollar amount estab-
lished under paragraph (1) of section 2503(b) 
of the Internal Revenue Code of 1986 (as ad-
justed under paragraph (2) of such section) 
with respect to such calendar year.’’; and 
(3) in subsection (d)— 
(A) in paragraph (1), by striking ‘‘and’’ at 
the end; 
(B) in paragraph (2), by striking the pe-
riod at the end and inserting ‘‘; and’’; and 
(C) by adding at the end the following: 
‘‘(3) the term ‘gift’ means anything of value, in-
cluding transportation, travel, lodgings and meals, 
whether provided in-kind, by purchase of a ticket, 
payment in advance, or reimbursement after the ex-
pense has been incurred.’’. 
(b) REGULATIONS.—The Judicial Conference of the 
United States shall promulgate regulations to carry out 
the amendment made by subsection (a) with respect to 
the judicial branch. 
SEC. 4. RESTRICT PRIVATELY FUNDED EDUCATIONAL 
EVENTS AND SPEECHES. 
(a) JUDICIAL EDUCATION FUND.— 
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(1) ESTABLISHMENT.—Chapter 42 of title 28, 
United States Code, is amended by adding at the 
end the following: 
‘‘§ 630. Judicial Education Fund 
‘‘(a) DEFINITIONS.—In this section— 
‘‘(1) the term ‘Board’ means the Board of the 
Federal Judicial Center established in section 621; 
‘‘(2) the term ‘Fund’ means the Judicial Edu-
cation Fund established under subsection (b); 
‘‘(3) the term ‘institution of higher education’ 
has the meaning given that term under section 
101(a) of the Higher Education Act of 1965 (20 
U.S.C. 1001(a)); 
‘‘(4) the term ‘national bar association’ means 
a national organization that is open to general mem-
bership to all members of the bar; 
‘‘(5) the term ‘private judicial seminar’— 
‘‘(A) means a seminar, symposia, panel 
discussion, course, or a similar event that pro-
vides continuing legal education to judges and 
justices; and 
‘‘(B) does not include— 
‘‘(i) seminars that last 1 day or less 
and are conducted by, and on the campus 
of, an institute of higher education; 
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‘‘(ii) seminars that last 1 day or less 
and are conducted by a national bar asso-
ciation or State or local bar association for 
the benefit of the bar association member-
ship; or 
‘‘(iii) seminars of any length con-
ducted by, and on the campus of an insti-
tute of higher education or by a national 
bar association or State or local bar asso-
ciation, where a judge or justice is a pre-
senter and at which judges and justices 
constitute less than 25 percent of the par-
ticipants; and 
‘‘(6) the term ‘State or local bar association’ 
means a State or local organization that is open to 
general membership to all members of the bar in the 
specified geographic region. 
‘‘(b) FUND.—There is established within the United 
States Treasury a fund to be known as the ‘Judicial Edu-
cation Fund’. 
‘‘(c) USE OF AMOUNTS.—Amounts in the Fund may 
be made available for the payment of necessary expenses, 
including reasonable expenditures for transportation, food, 
lodging, private judicial seminar fees and materials, in-
curred by a judge or justice in attending a private judicial 
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seminar approved by the Board. Necessary expenses shall 
not include expenditures for recreational activities or en-
tertainment other than that provided to all attendees as 
an integral part of the private judicial seminar. Any pay-
ment from the Fund shall be approved by the Board. 
‘‘(d) REQUIRED INFORMATION.—The Board may ap-
prove a private judicial seminar after submission of infor-
mation by the sponsor of that private judicial seminar that 
includes— 
‘‘(1) the content of the private judicial seminar 
(including a list of presenters, topics, and course 
materials); and 
‘‘(2) the litigation activities of the sponsor (in-
cluding any amicus briefs submitted by the sponsor) 
and the presenters at the private judicial seminar 
(including the litigation activities of the employer of 
each presenter) on the topic related to those ad-
dressed at the private judicial seminar. 
‘‘(e) PUBLIC AVAILABILITY.—If the Board approves 
a private judicial seminar, the Board shall make the infor-
mation submitted under subsection (d) relating to the pri-
vate judicial seminar available to judges, justices, and the 
public by posting the information online. 
‘‘(f) GUIDELINES.—The Judicial Conference shall 
promulgate guidelines to ensure that the Board only ap-
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proves private judicial seminars that are conducted in a 
manner so as to maintain the public’s confidence in an 
unbiased and fair-minded judiciary. 
‘‘(g) AUTHORIZATION OF APPROPRIATIONS.—There 
are authorized to be appropriated for deposit in the Fund 
$3,000,000 for each of fiscal years 2023, 2024, and 2025, 
to remain available until expended.’’. 
(2) TECHNICAL
AND
CONFORMING
AMEND-
MENT.—The table of sections for chapter 42 of title 
28, United States Code, is amended by adding at 
the end the following: 
‘‘630. Judicial Education Fund.’’. 
(b) PRIVATE JUDICIAL SEMINAR GIFTS PROHIB-
ITED.— 
(1) DEFINITIONS.—In this subsection— 
(A) the term ‘‘gift’’ has the meaning given 
that term under section 7353 of title 5, United 
States Code, as amended by section 3; 
(B) the term ‘‘institution of higher edu-
cation’’ has the meaning given that term under 
section 101(a) of the Higher Education Act of 
1965 (20 U.S.C. 1001(a)); and 
(C) the terms ‘‘national bar association’’, 
‘‘private judicial seminar’’, and ‘‘State or local 
bar association’’ have the meanings given those 
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terms under section 630 of title 28, United 
States Code, as added by subsection (a). 
(2) REGULATIONS.—Not later than 180 days 
after the date of enactment of this Act, the Judicial 
Conference of the United States shall promulgate 
regulations to apply section 7353(a) of title 5, 
United States Code, to prohibit the solicitation or 
acceptance of a gift in connection with a private ju-
dicial seminar. 
(3) EXCEPTION.—The prohibition under the 
regulations promulgated under paragraph (2) shall 
not apply if— 
(A) the judge or justice participates in a 
private judicial seminar as a speaker, panel par-
ticipant, or otherwise presents information; 
(B) Federal judges and justices are not the 
primary audience at the private judicial sem-
inar; and 
(C) the gift accepted is— 
(i) reimbursement from the private ju-
dicial seminar sponsor of reasonable trans-
portation, food, or lodging expenses on any 
day on which the judge or justice speaks, 
participates, or presents information, as 
applicable; 
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(ii) attendance at the private judicial 
seminar on any day on which the judge or 
justice speaks, participates, or presents in-
formation, as applicable; or 
(iii) anything excluded from the defi-
nition of a gift under regulations of the 
Judicial Conference of the United States 
under sections 7351 and 7353 of title 5, 
United States Code, as in effect on the 
date of enactment of this Act. 
SEC. 5. CODE OF CONDUCT. 
(a) SENSE OF CONGRESS.—It is the sense of Con-
gress that in order for justices and judges, both of the 
supreme and inferior courts, to hold their offices during 
‘‘good behaviour’’ under section 1 of article III of the Con-
stitution of the United States, the judges and justices 
shall, among other requirements, adhere to the Code of 
Conduct for United States Judges adopted by the Judicial 
Conference of the United States described in this section. 
(b) APPLICABILITY.—The Code of Conduct for 
United States Judges adopted by the Judicial Conference 
of the United States shall apply to the justices of the Su-
preme Court of the United States to the same extent as 
such Code applies to circuit and district judges. 
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(c) ENFORCEMENT.—The Judicial Conference shall 
establish procedures, modeled after the procedures set 
forth in chapter 16 of title 28, United States Code, under 
which— 
(1) complaints alleging that a justice of the Su-
preme Court of the United States has violated the 
Code of Conduct referred to in subsection (a) may 
be filed with or identified by the Conference; 
(2) such material, nonfrivolous complaints and 
any accompanying material are immediately referred 
to the Supreme Court Review Committee established 
in section 10; and 
(3) further action, where appropriate, is taken 
by the Conference, with respect to such complaints. 
(d) SUBMISSION TO CONGRESS; EFFECTIVE DATE.— 
(1) SUBMISSION TO CONGRESS.—Not later than 
180 days after the date of enactment of this Act, the 
Judicial Conference shall submit to Congress the 
procedures established under subsection (b). 
(2) EFFECTIVE DATE.—The procedures estab-
lished under subsection (b) shall take effect 1 year 
after the date of enactment of this Act. 
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SEC. 6. IMPROVING DISCLOSURE. 
(a) RECUSAL DECISIONS.—Section 455 of title 28, 
United States Code, is amended by adding at the end the 
following: 
‘‘(g) RECUSAL LISTS.— 
‘‘(1) Each justice, judge, and magistrate judge 
of the United States shall maintain and submit to 
the Judicial Conference a list of each association or 
interest that would require the justice, judge, or 
magistrate to be recused under subsection (b)(4), in-
cluding any financial interests of the judge, the 
spouse of the judge, or any minor child of the judge 
residing in the household of the judge. 
‘‘(2) The Judicial Conference shall maintain 
and make publicly available online, at no cost, each 
list required under this subsection that is filed with 
the Judicial Conference in a format that is search-
able, sortable, machine-readable, downloadable, and 
accessible format, and accessible in multiple lan-
guages and to individuals with disabilities. 
‘‘(3) The Judicial Conference may issue public 
or private guidance to justices, judges, and mag-
istrate judges of the United States regarding the 
contents of the lists under this subsection to ensure 
such lists comply with the disqualification require-
ments of (b)(4).’’. 
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(b) SPEECHES.— 
(1) IN
GENERAL.—Each justice, judge, and 
magistrate judge of the United States shall maintain 
and submit to the Judicial Conference of the United 
States a copy of each speech or other significant oral 
communication made by the justice, judge, or mag-
istrate. 
(2) AVAILABILITY.—The Judicial Conference of 
the United States shall maintain and make each 
speech or other significant oral communication sub-
mitted under paragraph (1) available to the public 
in printed form, upon request, and online, at no 
cost, in a format that is searchable, sortable, ma-
chine-readable, downloadable, and accessible in mul-
tiple languages and to individuals with disabilities. 
(3) REGULATIONS.—Not later than 180 days 
after the date of enactment of this Act, the Judicial 
Conference of the United States shall promulgate 
regulations regarding the types of oral communica-
tions that are required to be maintained, submitted, 
and made publicly available under this subsection. 
(c) LIVESTREAMING JUDICIAL PROCEEDINGS.— 
(1) DEFINITION.—In this section, the term 
‘‘appellate court of the United States’’ means any 
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United States circuit court of appeals and the Su-
preme Court of the United States. 
(2) STREAMING OF COURT PROCEEDINGS.—In 
accordance with procedures established by the Judi-
cial Conference of the United States, the audio of 
each open session conducted by an appellate court of 
the United States shall be made available online con-
temporaneously with the session, unless the appel-
late court of the United States, by a majority vote, 
determines that making audio of the session avail-
able online would violate the constitutional rights or 
threaten the safety of any party to the proceeding. 
(d) PUBLICIZING
CASE
ASSIGNMENT
INFORMA-
TION.— 
(1) IN
GENERAL.—Not later than 180 days 
after the date of enactment of this Act, the Judicial 
Conference of the United States shall promulgate 
regulations requiring each court of the United States 
to make case assignment data available to the public 
online, at no cost, in a format that is searchable, 
sortable, machine-readable, downloadable, and acces-
sible in multiple languages and to individuals with 
disabilities. 
(2) CONTENTS.—The case assignment data 
made available under paragraph (1) shall include, at 
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a minimum, and to the extent available, the case 
title, docket number, case origin, filing date, and 
name of each authoring judge, concurring judge, and 
dissenting judge for each opinion issued in the case. 
(e) MAKING WEBSITES USER-FRIENDLY.—Not later 
than 180 days after the date of enactment of this Act, 
the Judicial Conference of the United States shall promul-
gate regulations requiring an evaluation of, and improve-
ments to, the website of each district court of the United 
States to ensure the website is easy to understand, includ-
ing that it is clear how to file a complaint relating to a 
judge or an employee of the district court. 
(f) ACCESSIBILITY.—The Judicial Conference shall 
make efforts to ensure that any disclosures required under 
this section are made available to the public in plain lan-
guage, in a variety of languages, and accessible to individ-
uals with disabilities. 
SEC. 7. OVERSIGHT PROCESS FOR DISQUALIFICATION OF 
JUSTICE, JUDGE, OR MAGISTRATE JUDGE. 
Section 455 of title 28, United States Code, as 
amended by section 6 of this Act, is amended by adding 
at the end the following: 
‘‘(h)(1) Any litigant appearing before a justice, judge, 
or magistrate judge of the United States may file a peti-
tion that the justice, judge, or magistrate judge of the 
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United States, as applicable, shall be disqualified based 
on the criteria described in subsection (b). 
‘‘(2)(A) Any judge or magistrate judge of the United 
States subject to a petition under paragraph (1) may pro-
vide a public, written response to the petition that provides 
a written explanation relating to any disqualification deci-
sion. 
‘‘(B) Any justice of the Supreme Court of the United 
States subject to a petition under paragraph (1) shall pro-
vide a public, written response to the petition that provides 
a written explanation relating to any disqualification deci-
sion. 
‘‘(3) If a litigant makes a petition under paragraph 
(1) relating to a justice of the Supreme Court of the 
United States, the Judicial Conference of the United 
States shall issue a nonbinding, public advisory opinion 
with its recommendation, which shall be shared with the 
Supreme Court Review Committee established in section 
10 of the Judicial Ethics and Anti-Corruption Act of 
2023. 
‘‘(4) If the Judicial Conference of the United States 
recommends that a justice of the Supreme Court of the 
United States be disqualified under this section, the jus-
tice shall publicly explain a final disqualification decision 
in writing, which shall be shared with the Supreme Court 
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Review Committee established in section 10 of the Judicial 
Ethics and Anti-Corruption Act of 2023. 
‘‘(5)(A) For any judge or magistrate judge of the 
United States, the Judicial Conference of the United 
States shall— 
‘‘(B) establish a written process to determine whether 
a judge meets 1 or more of the criteria in subsection (b); 
‘‘(C) use any administrative procedures which may be 
necessary to aid in the execution of the written process 
described in subparagraph (B), which may include any 
procedures or software that may be necessary to determine 
whether a judge meets 1 or more of the criteria in sub-
section (b); and 
‘‘(D) the process described in subparagraph (B) shall 
be made publicly available and, at a minimum— 
‘‘(i) include how an individual may make a peti-
tion under paragraph (1) for a judge to be disquali-
fied; 
‘‘(ii) ensure that a judge or group of judges 
other than the judge who is the subject of the in-
quiry determines whether the judge shall be disquali-
fied; 
‘‘(iii) allow the judge or group of judges making 
the disqualification determination to receive the ex-
pert advice of ethics personnel and officials, includ-
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ing individuals with expertise in ethics at the Judi-
cial Conference; 
‘‘(iv) require that the judge be disqualified 
should another judge or group of judges determine 
that the judge must be disqualified in accordance 
with this subsection; and 
‘‘(v) require that all recusal decisions be made 
publicly available and be accompanied by a written 
explanation for the recusal decision.’’. 
SEC. 8. COMPLAINTS AGAINST RETIRED JUDGES AND JUDI-
CIAL DISCIPLINE. 
(a) COMPLAINTS.—Section 351(d) of title 28, United 
States Code, is amended— 
(1) by striking paragraph (1) and inserting the 
following: 
‘‘(1) the term ‘judge’— 
‘‘(A) means a circuit judge, district judge, 
bankruptcy judge, or magistrate judge; and 
‘‘(B) includes a retired judge described in 
subparagraph (A);’’; 
(2) in paragraph (2), by striking the period at 
the end and inserting ‘‘; and’’; and 
(3) by adding at the end the following: 
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‘‘(3) the term ‘retired judge’ means any judge 
of the United States who has retired from regular 
active service under section 371(b) or 372(a).’’. 
(b) REVIEW OF COMPLAINT BY CHIEF JUDGE.—Sec-
tion 352 of title 28, United States Code, is amended by 
adding at the end the following: 
‘‘(e) DEFINITION.—In this section, the term ‘inter-
vening events’ does not include the retirement of the judge 
whose conduct is complained of or the nomination or con-
firmation of the judge to the Supreme Court of the United 
States.’’. 
SEC. 9. ACTION BY JUDICIAL COUNCIL IN RESPONSE TO 
MISCONDUCT BY JUDGES. 
Section 354 of title 28, United States Code, is 
amended— 
(1) in subsection (a)(2), by adding at the end 
the following: 
‘‘(D) RETIRED JUDGES.—If the conduct of 
a retired judge is the subject of the complaint, 
action by the judicial council under paragraph 
(1)(C) may include— 
‘‘(i) censuring or reprimanding the 
judge by means of public announcement; 
and 
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‘‘(ii) reducing or rescinding the non-
vested pension benefits of the retired 
judge. 
‘‘(E) REMEDIAL
ACTIONS
FOR
CERTAIN 
CONDUCT.— 
‘‘(i) DEFINITION.—In this subpara-
graph, the term ‘covered judge’ does not 
include a retired judge. 
‘‘(ii) CONDUCT.—If the conduct of a 
covered judge is the subject of the com-
plaint, action by the judicial council under 
paragraph (1)(C) may include mandating 
that the covered judge participate in pro-
fessional counseling, treatment, education, 
or mentoring to address the misconduct at 
issue.’’; and 
(2) by adding at the end the following: 
‘‘(c) REPORT.— 
‘‘(1) SUBMISSION
TO
JUDICIAL
CONFERENCE 
OF THE UNITED STATES.—Each chief judge of the 
circuit shall submit to the Judicial Conference of the 
United States an annual report on, with respect to 
the previous year— 
‘‘(A) the number of complaints filed under 
section 351 against judges in the circuit; and 
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‘‘(B) the outcome of the complaints de-
scribed in subparagraph (A). 
‘‘(2) SUBMISSION TO CONGRESS.—The Judicial 
Conference of the United States shall submit to the 
Committee on the Judiciary of the Senate and the 
Committee on the Judiciary of the House of Rep-
resentatives each report submitted under paragraph 
(1). 
‘‘(3) PUBLIC AVAILABILITY.—No later than 30 
days after submitting to Congress each report under 
paragraph (1), the Judicial Conference of the United 
States shall make the report available to the pub-
lic.’’. 
SEC. 10. SUPREME COURT COMPLAINTS REVIEW COM-
MITTEE. 
(a) DEFINITIONS.—In this section: 
(1) REVIEW COMMITTEE.—The term ‘‘Review 
Committee’’ means the Supreme Court Complaints 
Review Committee. 
(2) CLOSE FAMILY MEMBER.—The term ‘‘close 
family member’’ includes— 
(A) a parent of the reporting individual; 
(B) a spouse of the reporting individual; 
and 
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(C) an adult child of the reporting indi-
vidual. 
(b) ESTABLISHMENT.—For the purpose of assisting 
the House of Representatives in carrying out its respon-
sibilities under section 2 of article I and section 4 of article 
II of the Constitution of the United States, there is estab-
lished in the legislative branch to be known as the Su-
preme Court Complaints Review Committee under the 
general supervision of the Committee on the Judiciary of 
the House of Representatives. 
(c) MEMBERS.— 
(1) IN GENERAL.—The Review Committee shall 
consist of 5 members, of whom— 
(A) 2 shall be appointed by the Speaker of 
the House of Representatives; 
(B) 2 shall be appointed by the minority 
leader of the House of Representatives; and 
(C) 1 shall be appointed by agreement of 
the Speaker of the House of Representatives 
and the minority leader of the House of Rep-
resentatives. 
(2) QUALIFICATIONS
OF
REVIEW
COMMITTEE 
MEMBERS.— 
(A) EXPERTISE.—Each member of the Re-
view Committee shall be an individual of excep-
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tional public standing who is specifically quali-
fied to serve on the Review Committee by virtue 
of the individual’s education, training, or expe-
rience in 1 or more of the following fields: 
(i) Constitutional law. 
(ii) Impeachment. 
(iii) Judicial ethics. 
(iv) Professional ethics. 
(v) Legal history. 
(vi) Judicial service. 
(B) SELECTION BASIS.—Selection and ap-
pointment of each member of the Review Com-
mittee shall be without regard to political affili-
ation and solely on the basis of fitness to per-
form the duties of a member of the Review 
Committee. 
(C) CITIZENSHIP.—Each member of the 
Review Committee shall be a United States cit-
izen. 
(D) DISQUALIFICATIONS.—No individual 
shall be eligible for appointment to, or service 
on, the Review Committee who— 
(i) has ever been registered, or re-
quired to be registered, as a lobbyist under 
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the Lobbying Disclosure Act of 1995 (2 
U.S.C. 1601 et seq.); 
(ii) engages in, or is otherwise em-
ployed in, lobbying of the Congress; 
(iii) is registered or is required to be 
registered as an agent of a foreign prin-
cipal under the Foreign Agents Registra-
tion Act of 1938 (22 U.S.C. 611 et seq.); 
(iv) is a currently serving judge, jus-
tice, or employee of the Federal courts; 
(v) is an officer or employee of the 
Federal Government; 
(vi) is a close family member of any 
judge or justice of the Federal courts; 
(vii) during the 4 years preceding the 
date of appointment, engaged in any sig-
nificant political activity (including being a 
candidate for public office, fundraising for 
a candidate for public office or a political 
party, or serving as an officer or employee 
of a political campaign or party); 
(viii) during the 2 years preceding the 
date of appointment, served as a fiduciary 
or personal attorney for a judge, justice, or 
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employee of the Federal courts, including 
any judge or justice; or 
(ix) any currently serving Senator or 
Representative in, or Delegate or Resident 
Commissioner to, the Congress. 
(3) TERM AND REMOVAL.— 
(A) LENGTH OF TERM.—The term of a 
member of the Review Committee shall be for 
2 Congresses. 
(B) TERM LIMITS.—A member of the Re-
view Committee may not serve during 4 con-
secutive Congresses. 
(C) REMOVAL.—A member of the Review 
Committee may be removed upon unanimous 
agreement among the Speaker and the minority 
leader of the House of Representatives or by an 
affirmative vote of 2⁄3 of the members of the 
Committee on the Judiciary of the House of 
Representatives. 
(D) VACANCIES.—Any vacancy on the Re-
view Committee shall be filled for the unexpired 
portion of the term in the same manner, and by 
the same appointing authority, as the original 
appointment under paragraph (2). 
(d) CHAIRPERSON AND VICE-CHAIRPERSON.— 
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(1) IN GENERAL.—The members of the Review 
Committee shall elect a chairperson and a vice-chair-
person of the Review Committee by a majority vote. 
The chairperson and the vice-chairperson shall serve 
a 1-year term, and may be reelected for additional 
1-year terms. 
(2) DUTIES.—The chairperson of the Review 
Committee shall preside at the meetings of the Re-
view Committee, and the vice-chairperson shall pre-
side in the absence or disability of the chairperson. 
(e) MEETINGS.— 
(1) QUORUM.—A majority of the members of 
the Review Committee shall constitute a quorum. 
(2) MEETINGS.—The Review Committee shall 
meet at the call of the chairperson, the chair of the 
Committee on the Judiciary of the House of Rep-
resentatives, or the call of a majority of its mem-
bers, pursuant to the rules of the Review Committee. 
(3) VOTING.—Except as otherwise specifically 
provided, a majority vote of the Review Committee 
under this subtitle shall require an affirmative vote 
of 3 or more members. 
(f) COMPENSATION.—A member of the Review Com-
mittee shall not be considered to be an officer or employee 
of the House or Senate, but shall be compensated at a 
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orally or in writing (at the discretion of the justice), 
a statement to the Review Committee. 
(k) PRESENTATION OF REPORTS TO THE HOUSE JU-
DICIARY COMMITTEE.—Whenever the Review Committee 
transmits any report to the Committee on the Judiciary 
of the House of Representatives relating to a complaint 
involving a justice, the Review Committee shall designate 
a member or employee of the Review Committee to present 
the report to the House Judiciary Committee if requested 
by the Committee on the Judiciary of the House of Rep-
resentatives. 
(l) MAINTAINING OF FINANCIAL DISCLOSURE RE-
PORTS.—The Review Committee shall receive, and main-
tain, a copy of each report filed under section 13103 of 
title 5, United States Code, by a justice of the Supreme 
Court of the United States. 
(m) COMPLAINTS.— 
(1) SOURCE OF COMPLAINTS.—Any person, in-
cluding a judge, justice, or employee of the courts of 
the United States, may file with the Review Com-
mittee a complaint alleging a violation by a justice 
of any law (including any regulation), rule, or other 
standard of conduct, including the Code of Conduct 
for United States Judges adopted by the Judicial 
Conference of the United States, applicable to the 
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