I 
118TH CONGRESS 
1ST SESSION 
H. R. 926 
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 HOUSE OF REPRESENTATIVES 
FEBRUARY 9, 2023 
Mr. JOHNSON of Georgia (for himself, Mr. NADLER, Mr. QUIGLEY, and Mr. 
CICILLINE) introduced the following bill; which was referred to the Com-
mittee on the Judiciary 
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. 
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 ‘‘Supreme Court Ethics, 
Recusal, and Transparency Act of 2023’’. 
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SEC. 2. CODE OF CONDUCT FOR THE SUPREME COURT OF 
THE UNITED STATES. 
(a) IN GENERAL.—Chapter 16 of title 28, United 
States Code, is amended by adding at the end the fol-
lowing: 
‘‘§ 365. Codes of conduct 
‘‘(a) JUSTICES.—Not later than 180 days after the 
date of enactment of this section, the Supreme Court of 
the United States shall, after appropriate public notice 
and opportunity for comment in accordance with section 
2071, issue a code of conduct for the justices of the Su-
preme Court. 
‘‘(b) OTHER JUDGES.—Not later than 180 days after 
the date of enactment of this section, the Judicial Con-
ference of the United States shall, after appropriate public 
notice and opportunity for comment in accordance with 
section 2071, issue a code of conduct for the judges of 
the courts of appeals, the district courts (including bank-
ruptcy judges and magistrate judges), and the Court of 
International Trade. 
‘‘(c) MODIFICATION.—The Supreme Court of the 
United States and the Judicial Conference may modify the 
applicable codes of conduct under this section after giving 
appropriate public notice and opportunity for comment in 
accordance with section 2071. 
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‘‘§ 366. Public access to ethics rules 
‘‘The Supreme Court of the United States shall make 
available on its internet website, in a full-text, searchable, 
sortable, and downloadable format, copies of the code of 
conduct issued under section 365(a), any rules established 
by the Counselor to the Chief Justice under section 677 
and any other related rules or resolutions, as determined 
by the Chief Justice of the United States, issued by the 
Counselor to the Chief Justice of the United States or 
agreed to by the justices of the Supreme Court. 
‘‘§ 367. Complaints against justices 
‘‘(a) RECEIPT OF COMPLAINTS.—Not later than 180 
days after the date of enactment of this section, the Su-
preme Court of the United States shall establish proce-
dures, modeled after the procedures set forth in sections 
351 through 364, under which individuals may file with 
the Court, or the Court may identify, complaints alleging 
that a justice of the Supreme Court— 
‘‘(1) has violated— 
‘‘(A) the code of conduct issued pursuant 
to section 365(a); 
‘‘(B) section 455; or 
‘‘(C) any other applicable provision of Fed-
eral law; or 
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‘‘(2) has otherwise engaged in conduct that un-
dermines the integrity of the Supreme Court of the 
United States. 
‘‘(b) JUDICIAL INVESTIGATION PANEL.— 
‘‘(1) IN GENERAL.—Upon receipt or identifica-
tion of a complaint under subsection (a), the Su-
preme Court of the United States shall refer such 
complaint to a judicial investigation panel, which 
shall be composed of a panel of 5 judges selected 
randomly from among the chief judge of each circuit 
of the United States. 
‘‘(2) DUTIES.—The judicial investigation panel 
shall— 
‘‘(A) review and, if appropriate as deter-
mined by the panel, investigate all complaints 
submitted to the panel using procedures estab-
lished by the panel and modeled after the proce-
dures set forth in sections 351 through 364; 
‘‘(B) present to the Supreme Court of the 
United States any findings and recommenda-
tions for necessary and appropriate action by 
the Supreme Court, including dismissal of the 
complaint, disciplinary actions, or changes to 
Supreme Court rules or procedures; 
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‘‘(C) if the panel does not recommend dis-
missal of the complaint, not later than 30 days 
following the presentation of any findings and 
recommendations under this paragraph, publish 
a report containing such findings and rec-
ommendations; and 
‘‘(D) if the panel recommends dismissal of 
the complaint, the panel may publish any find-
ings and recommendations if the panel deter-
mines that such publication would be in fur-
therance of the public interest. 
‘‘(3) POWERS.—In conducting any investigation 
under this section, the judicial investigation panel 
may hold hearings, take sworn testimony, issue sub-
poenas ad testificandum and subpoenas duces 
tecum, and make necessary and appropriate orders 
in the exercise of its authority. 
‘‘(4) ACCESS.—If the judicial investigation 
panel determines that a substantially similar com-
plaint was previously submitted under section 351, 
but that such substantially similar complaint was 
dismissed for lack of authority to review or act upon 
such complaint, the panel shall have access to any 
information gathered pursuant to this chapter in re-
lation to such substantially similar complaint. 
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‘‘(5) COMPENSATION.—The judicial investiga-
tion panel may appoint and fix the compensation of 
such staff as it deems necessary.’’. 
(b) TECHNICAL AND CONFORMING AMENDMENT.— 
The table of sections for chapter 16 of title 28, United 
States Code, is amended by adding at the end the fol-
lowing: 
‘‘365. Codes of conduct. 
‘‘366. Public access to ethics rules. 
‘‘367. Complaints against justices.’’. 
SEC. 3. MINIMUM GIFT, TRAVEL, AND INCOME DISCLOSURE 
STANDARDS FOR JUSTICES OF THE SUPREME 
COURT. 
Section 677 of title 28, United States Code, is 
amended by adding at the end the following: 
‘‘(d) The Counselor, with the approval of the Chief 
Justice, shall establish rules governing the disclosure of 
all gifts, income, or reimbursements, as those terms are 
defined in section 13101 of title 5, received by any justice 
and any law clerk to a justice. Such rules shall, at min-
imum, require disclosure of any information concerning 
gifts, income, and reimbursements required to be disclosed 
under the Standing Rules of the Senate and the Rules of 
the House of Representatives.’’. 
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SEC. 4. CIRCUMSTANCES REQUIRING DISQUALIFICATION. 
(a) ANTICORRUPTION
PROTECTIONS.—Subsection 
(b) of section 455 of title 28, United States Code, is 
amended by adding at the end the following: 
‘‘(6) Where the justice or judge knows that a 
party to the proceeding or an affiliate of a party to 
the proceeding made any lobbying contact, as de-
fined in section 3 of the Lobbying Disclosure Act of 
1995 (2 U.S.C. 1602), or spent substantial funds in 
support of the nomination, confirmation, or appoint-
ment of the justice or judge. 
‘‘(7) Where the justice or judge, their spouse, 
minor child, or a privately held entity owned by any 
such person received income, a gift, or reimburse-
ment, as those terms are defined in section 13101 
of title 5— 
‘‘(A) from a party to the proceeding or an 
affiliate of a party to the proceeding; and 
‘‘(B) during the period beginning on the 
date that is 6 years before the date on which 
the justice or judge was assigned to the pro-
ceeding and ending on the date of final disposi-
tion of the proceeding.’’. 
(b) DUTY TO KNOW.—Subsection (c) of section 455 
of title 28, United States Code, is amended to read as 
follows: 
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‘‘(c) A justice, judge, magistrate judge, or bankruptcy 
judge of the United States shall ascertain— 
‘‘(1) the personal and fiduciary financial inter-
ests of the justice or judge; 
‘‘(2) the personal financial interests of the 
spouse and minor children residing in the household 
of the justice or judge; and 
‘‘(3) any interest of the persons described in 
paragraph (2) that could be substantially affected by 
the outcome of the proceeding.’’. 
(c) DIVESTMENT.—Subsection (f) of section 455 of 
title 28, United States Code, is amended by inserting 
‘‘under subsection (b)(4)’’ after ‘‘disqualified’’. 
(d) DUTY TO NOTIFY.—Section 455 of title 28, 
United States Code, is amended by adding at the end the 
following: 
‘‘(g) If at any time a justice, judge, magistrate judge, 
or bankruptcy judge of the United States learns of a con-
dition that could reasonably require disqualification under 
this section, the justice or judge shall immediately notify 
all parties to the proceeding.’’. 
(e) TECHNICAL AND CONFORMING AMENDMENTS.— 
Section 455 of title 28, United States Code, as amended 
by this section, is amended— 
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(1) in the section heading, by striking ‘‘judge, 
or magistrate judge’’ and inserting ‘‘judge, 
magistrate judge, or bankruptcy judge’’; 
(2) in subsection (a), by striking ‘‘judge, or 
magistrate judge’’ and inserting ‘‘judge, magistrate 
judge, or bankruptcy judge’’; 
(3) in subsection (b)— 
(A) in paragraph (2), by striking ‘‘the 
judge or such lawyer’’ and inserting ‘‘the jus-
tice, the judge, or such lawyer’’; 
(B) in paragraph (5)(iii), by inserting 
‘‘justice or’’ before ‘‘judge’’; and 
(C) in paragraph (5)(iv), by inserting ‘‘jus-
tice’s or’’ before ‘‘judge’s’’; 
(4) in subsection (c), by inserting ‘‘justice or’’ 
before ‘‘judge’’; 
(5) in subsection (d)(4)(i), by inserting ‘‘justice 
or’’ before ‘‘judge’’; and 
(6) in subsection (e), by striking ‘‘judge, or 
magistrate judge’’ and inserting ‘‘judge, magistrate 
judge, or bankruptcy judge of the United States’’. 
(f) PUBLIC NOTICE.—The rules of each court subject 
to section 455 of title 28, United States Code, as amended 
by this section, shall be amended to require that the clerk 
shall publish timely notice on the website of the court of— 
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(1) any matter in which a justice, judge, mag-
istrate judge, or bankruptcy judge of the United 
States is disqualified under such section; 
(2) any matter in which the reviewing panel 
under section 1660 of title 28, United States Code, 
rules on a motion to disqualify; and 
(3) an explanation of each reason for the dis-
qualification or ruling, which shall include a specific 
identification of each circumstance that resulted in 
such disqualification or ruling, but which shall not 
include any private or sensitive information deemed 
by a majority of the reviewing panel under section 
1660 of title 28, United States Code, as added by 
section 5 of this Act, to be appropriate for redaction 
and unnecessary in order to provide the litigants and 
public a full understanding of the reasons for the 
disqualification or ruling. 
SEC. 5. REVIEW OF CERTIFIED DISQUALIFICATION MO-
TIONS. 
(a) IN GENERAL.—Chapter 111 of title 28, United 
States Code, is amended by adding at the end the fol-
lowing: 
‘‘§ 1660. Review of certified motions to disqualify 
‘‘(a) MOTION FOR DISQUALIFICATION.—If a justice, 
judge, magistrate judge, or bankruptcy judge of the 
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United States is required to be disqualified from a pro-
ceeding under any provision of Federal law, a party to 
the proceeding may file a timely motion for disqualifica-
tion, accompanied by a certificate of good faith and an 
affidavit alleging facts sufficient to show that disqualifica-
tion of the justice, judge, magistrate judge, or bankruptcy 
judge is so required. 
‘‘(b) CONSIDERATION OF MOTION.—A justice, judge, 
magistrate judge, or bankruptcy judge of the United 
States shall either grant or certify to a reviewing panel 
a timely motion filed pursuant to subsection (a) and stay 
the proceeding until a final determination is made with 
respect to the motion. 
‘‘(c) REVIEWING PANEL.— 
‘‘(1) IN GENERAL.—A reviewing panel to which 
a motion is certified under subsection (b) shall be 
composed of 3 judges selected at random from 
judges of the United States who do not sit on the 
same court— 
‘‘(A) as the judge, magistrate judge, or 
bankruptcy judge who is the subject of the mo-
tion; or 
‘‘(B) as the other members of the review-
ing panel. 
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‘‘(2) CIRCUIT LIMITATION.—Not more than 1 
member of the reviewing panel may be a judge of 
the same judicial circuit as the judge, magistrate 
judge, or bankruptcy judge who is the subject of the 
motion. 
‘‘(3) PARTICIPATION.—The reviewing panel, 
prior to its final determination with respect to a mo-
tion filed under subsection (a), shall provide the 
judge, magistrate judge, or bankruptcy judge of the 
United States who is the subject of such motion an 
opportunity to provide in writing the views of the 
judge on the motion, including the explanation of 
the judge for not granting the motion. 
‘‘(d) SUPREME
COURT
REVIEW.—The Supreme 
Court of the United States, not including the justice who 
is the subject of a motion seeking to disqualify a justice 
under subsection (a), shall be the reviewing panel for such 
motions.’’. 
(b) TECHNICAL AND CONFORMING AMENDMENT.— 
The table of sections for chapter 111 of title 28, United 
States Code, is amended by adding at the end the fol-
lowing: 
‘‘1660. Review of certified motions to disqualify.’’. 
SEC. 6. DISCLOSURE BY PARTIES AND AMICI. 
Not later than 1 year after the date of enactment 
of this Act, the Supreme Court of the United States shall 
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prescribe rules of procedure in accordance with sections 
2072 through 2074 of title 28, United States Code, requir-
ing each party or amicus to list in the petition or brief 
of the party or amicus, as applicable, a description and 
value of— 
(1) any gift, income, or reimbursement, as 
those terms are defined in section 13101 of title 5, 
United States Code, provided to any justice, during 
the period beginning 2 years prior to the commence-
ment of the proceeding and ending on the date of 
final disposition of the proceeding, by— 
(A) each such party, amicus, or affiliate of 
each such party or amicus; 
(B) the lawyers or law firms in the pro-
ceeding of each such party or amicus; and 
(C) the officers, directors, or employees of 
each such party or amicus; and 
(2) any lobbying contact or expenditure of sub-
stantial funds by any person described in subpara-
graphs (A), (B), and (C) of paragraph (1) in sup-
port of the nomination, confirmation, or appoint-
ment of a justice. 
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SEC. 7. AMICUS DISCLOSURE. 
(a) IN GENERAL.—Chapter 111 of title 28, United 
States Code, as amended by section 5, is amended by add-
ing at the end the following: 
‘‘§ 1661. Disclosures related to amicus activities 
‘‘(a) DISCLOSURE.— 
‘‘(1) IN GENERAL.—Any person that files an 
amicus brief in a court of the United States shall 
list in the amicus brief the name of any person 
who— 
‘‘(A) contributed to the preparation or sub-
mission of the amicus brief; 
‘‘(B) contributed not less than 3 percent of 
the gross annual revenue of the amicus, or an 
affiliate of the amicus, for the previous calendar 
year if the amicus is not an individual; or 
‘‘(C) contributed more than $100,000 to 
the amicus, or an affiliate of the amicus, in the 
previous calendar year. 
‘‘(2) EXCEPTIONS.—The requirements of this 
subsection shall not apply to amounts received in 
commercial transactions in the ordinary course of 
any trade or business by the amicus, or an affiliate 
of the amicus, or in the form of investments (other 
than investments by the principal shareholder in a 
limited liability corporation) in an organization if the 
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amounts are unrelated to the amicus filing activities 
of the amicus. 
‘‘(b) AUDIT.—The Director of the Administrative Of-
fice of the United States Courts shall conduct an annual 
audit to ensure compliance with this section.’’. 
(b) TECHNICAL AND CONFORMING AMENDMENT.— 
The table of sections for chapter 111 of title 28, United 
States Code, as amended by section 5, is amended by add-
ing at the end the following: 
‘‘1661. Disclosures related to amicus activities.’’. 
SEC. 8. CONFLICTS RELATED TO AMICI CURIAE. 
(a) IN GENERAL.—Except as provided in subsection 
(b), the Supreme Court of the United States and the Judi-
cial Conference of the United States shall prescribe rules 
of procedure in accordance with sections 2072 through 
2074 of title 28, United States Code, for prohibiting the 
filing of or striking an amicus brief that would result in 
the disqualification of a justice, judge, or magistrate 
judge. 
(b) INITIAL TRANSMITTAL.—The Supreme Court of 
the United States shall transmit to Congress— 
(1) the proposed rules required under sub-
section (a) not later than 180 days after the date of 
enactment of this Act; and 
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(2) any rules in addition to those transmitted 
under paragraph (1) pursuant to section 2074 of 
title 28, United States Code. 
SEC. 9. STUDIES AND REPORTS. 
(a) STUDIES.— 
(1) IN GENERAL.—Beginning on the date that 
is 180 days after the date of enactment of this Act, 
and every other year thereafter, the Director of the 
Federal Judicial Center shall conduct a study on the 
extent of compliance or noncompliance with the re-
quirements of sections 144 and 455 of title 28, 
United States Code. 
(2) ADDITIONAL
TIME.—With respect to the 
first such study required to be submitted under 
paragraph (1), the requirements of that paragraph 
may be implemented after the date described in that 
paragraph if the Director of the Federal Judicial 
Center identifies in writing to the relevant commit-
tees of Congress the additional time needed for sub-
mission of the study. 
(3) FACILITATION OF STUDIES.—The Director 
of the Federal Judicial Center shall maintain a 
record of each instance in which— 
(A) a justice, judge, magistrate judge, or 
bankruptcy judge of the United States was not 
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assigned to a case due to potential or actual 
conflicts; and 
(B) a justice, judge, magistrate judge, or 
bankruptcy judge of the United States disquali-
fies themselves after a case assignment is made. 
(b) REPORTS TO CONGRESS.—Not later than April 
1 of each year following the completion of the study re-
quired under subsection (a), the Director of the Federal 
Judicial Center shall submit to Congress a report con-
taining the findings of the study and any recommenda-
tions to improve compliance with sections 144 and 455 
of title 28, United States Code. 
(c) GAO REVIEW.—Not later than 1 year after the 
date on which the report is submitted under subsection 
(b), and every 5 years thereafter, the Comptroller General 
of the United States shall submit to Congress a report 
containing— 
(1) an evaluation of the methodology and find-
ings of the study required under subsection (a); and 
(2) the audit required under section 1661 of 
title 28, United States Code, as added by section 7 
of this Act. 
Æ 
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