Supreme Court Ethics, Recusal, and Transparency Act of 2022
Bill: H.R.7647 | Sponsor: Rep. Johnson, Henry C. "Hank," Jr. (D-GA)
Policy area: Law

Summary:
Supreme Court Ethics, Recusal, and Transparency Act of 2022
This bill provides for the establishment of a code of conduct for Supreme Court Justices, judges of the courts of appeals, judges of the district courts, and judges of the Court of International Trade.

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 Representatives 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 2022''.

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 following:
``Sec. 365. Codes of conduct
    ``(a) 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 
Supreme Court.
    ``(b) Not later than 180 days after the date of enactment of this 
section, the Judicial Conference 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 bankruptcy judges and 
magistrate judges), and the Court of International Trade.
    ``(c) 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.''.
    (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 following:

``365. Codes of conduct.''.

SEC. 3. MINIMUM 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, reimbursements, 
and income received by any justice and any law clerk to a justice. Such 
rules shall at minimum 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.''.

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, judge, magistrate judge, or 
        bankruptcy judge of the United States knows that a party to the 
        proceeding or an affiliate of a party to the proceeding made 
        any lobbying contact or spent substantial funds in support of 
        the nomination, confirmation, or appointment of the justice, 
        judge, magistrate judge, or bankruptcy judge of the United 
        States.
            ``(7) Where the justice, judge, magistrate judge, or 
        bankruptcy judge of the United States, their spouse, minor 
        child, or a privately-held entity owned by any such person--
                    ``(A) received income, a gift, or reimbursement (as 
                such terms are defined in the section 109 of the Ethics 
                in Government Act of 1978 (5 U.S.C. App.)) from a party 
                to the proceeding or an affiliate of a party to the 
                proceeding; and
                    ``(B) such receipt occurred during the period 
                beginning 6 years prior to the date on which the 
                justice, judge, bankruptcy judge, or magistrate judge 
                was assigned to the proceeding and ending on the date 
                of final disposition of the proceeding.''.
    (b) Duty To Know.--Subsection (c) of section 455 of title 28, 
United States Code, is amended to read as follows:
    ``(c) A justice, judge, magistrate judge, or bankruptcy judge of 
the United States shall ascertain--
            ``(1) the personal and fiduciary financial interests of the 
        justice or judge of the United States;
            ``(2) the personal financial interests of the spouse and 
        minor children residing in the household of the justice or 
        judge of the United States; and
            ``(3) any interest of such persons 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 a justice, judge, magistrate judge, or bankruptcy judge 
learns of a condition that could reasonably require disqualification 
under this section, the justice, judge, magistrate judge, or bankruptcy 
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 further amended--
            (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 justice, the judge, 
                or such lawyer'';
                    (B) in paragraph (5)(iii), by inserting ``justice 
                or'' before ``judge''; and
                    (C) in paragraph (5)(iv), by inserting ``justice'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''.
    (f) Public Notice.--The rules of each court subject to section 455 
of title 28, United States Code, as amended by this Act, shall be 
amended to require that the clerk shall publish timely notice on the 
website of the court of--
            (1) any matter in which a justice, judge, magistrate 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 disqualification 
        or ruling, which shall include a specific identification of 
        each circumstance that resulted in such disqualification or 
        ruling.

SEC. 5. REVIEW OF CERTIFIED DISQUALIFICATION MOTIONS.

    (a) In General.--Chapter 111 of title 28, United States Code, is 
amended by adding at the end the following:
``Sec. 1660. Review of certified motions to disqualify
    ``(a) Motion for Disqualification.--If a justice, judge, magistrate 
judge, or bankruptcy judge is required to be disqualified from a 
proceeding under any provision of Federal law, a party to the 
proceeding may file a timely motion for disqualification, accompanied 
by a certificate of good faith and an affidavit alleging facts 
sufficient to show that disqualification of the justice, judge, 
magistrate judge, or bankruptcy judge is so required.
    ``(b) Consideration of Motion.--A justice, judge, magistrate judge, 
or bankruptcy judge 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 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 motion; or
                    ``(B) as the other members of the reviewing panel.
            ``(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.
    ``(d) Supreme Court Review.--The Supreme Court of the United States 
shall be the reviewing panel for a motion seeking to disqualify a 
justice.''.
    (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 following:

``1660. Review of certified motions to disqualify.''.

SEC. 6. DISCLOSURE BY PARTIES AND AMICI.

    The Supreme Court of the United States shall prescribe rules of 
procedure in accordance with sections 2072 through 2074 of title 28, 
United States Code, requiring each party or amicus to list in their 
petition or brief a description and value of--
            (1) any gift, income, or reimbursement (as such terms are 
        defined in section 109 of the Ethics in Government Act of 1978 
        (5 U.S.C. App.)) provided to any justice or law clerk to a 
        justice during the period beginning 2 years prior to the 
        commencement of the proceeding and ending on the date of final 
        disposition of the proceeding by--
                    (A) each such party or amicus, or their affiliates;
                    (B) the lawyers or law firms in the proceeding 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 substantial 
        funds by any person described in subparagraphs (A), (B), and 
        (C) of paragraph (1) in support of the nomination, 
        confirmation, or appointment of a justice.

SEC. 7. AMICUS DISCLOSURE.

    (a) In General.--Chapter 111 of title 28, United States Code, as 
amended by section 5, is further amended by adding at the end the 
following:
``Sec. 1661. Disclosures related to amicus activities
    ``(a) Definition.--In this section, the term `covered amicus' means 
any person, including any affiliate of the person, that files an amicus 
brief in a calendar year in the Supreme Court of the United States or a 
court of appeals of the United States.
    ``(b) Disclosure.--
            ``(1) In general.--Any covered amicus that files an amicus 
        brief in the Supreme Court of the United States or a court of 
        appeals of the United States shall list in the amicus brief the 
        name of any person who--
                    ``(A) contributed to the preparation or submission 
                of the amicus brief;
                    ``(B) contributed not less than 3 percent of the 
                gross annual revenue of the covered amicus for the 
                previous calendar year if the covered amicus is not an 
                individual; or
                    ``(C) contributed more than $100,000 to the covered 
                amicus in the previous calendar year.
            ``(2) Exceptions.--The requirements of this subsection 
        shall not apply to amounts received by a covered amicus 
        described in paragraph (1) in commercial transactions in the 
        ordinary course of any trade or business conducted by the 
        covered amicus or in the form of investments (other than 
        investments by the principal shareholder in a limited liability 
        corporation) in an organization if the amounts are unrelated to 
        the amicus filing activities of the covered amicus.
    ``(c) Audit.--The Comptroller General of the United States 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 further amended by adding 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 Judicial 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 subsection (a) not 
        later than 180 days after the date of enactment of this Act; 
        and
            (2) any rules in addition to those transmitted under 
        paragraph (1) pursuant to section 2074 of title 28, United 
        States Code.
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