High Court Gift Ban Act

Bill: 118-s-5268
Sponsor: full_name: Sen. Lujan, Ben Ray [D-NM]
Introduced: 2024-09-25
Policy area: Law
Latest action: action_date: 2024-09-25
text: Read twice and referred to the Committee on the Judiciary.

Summaries:

tv_txt: II 118th CONGRESS 2d Session S. 5268 IN THE SENATE OF THE UNITED STATES September 25, 2024 Mr. Luján (for himself, Mr. Welch , Mr. Van Hollen , and Mr. Wyden ) introduced the following bill; which was read twice and referred to the Committee on the Judiciary A BILL To prohibit Federal judges from receiving certain gifts, and for other purposes.

1. Short title This Act may be cited as the High Court Gift Ban Act . 2. Prohibition on gifts (a) In general Subchapter V of Chapter 73 of title 5, United States Code, is amended by adding at the end the following: 7354. Gifts to Federal judges (a) Definitions In this section (1) Gift The term gift means any gratuity, favor, discount, entertainment, hospitality, loan, forbearance, or other item having monetary value (including services, transportation, local travel, lodgings, and meals) whether provided in-kind, by purchase of a ticket, payment in advance, or reimbursement after the expense has been incurred. (2) Judicial officer; relative The terms judicial officer and relative have the meanings given the term in section 13101. (3) Personal hospitality from an individual The term personal hospitality from an individual means hospitality extended— (A) by an individual for a nonbusiness purpose; (B) at the personal residence, property, or facilities owned by the individual or the family of the individual; (C) without payment or reimbursement from any other person (except the judicial officer or a relative of the judicial officer) for such hospitality; and (D) with the individual or the family of the individual present on the property at the time in which a judicial officer is being hosted. (4) Prohibited source The term prohibited source means any person— (A) who has, or is likely to, come before the judicial officer; or (B) whose interests have, or are likely to, come before the judicial officer. (b) Prohibition (1) In general A judicial officer may not accept a gift from any source unless— (A) the judicial officer reasonably and in good faith believes the gift has a value of less than $50; and (B) the aggregate value of gifts the judicial officer has received from the source in that calendar year is $100 or less, including the value of the gift. (2) Exceptions The prohibition under paragraph (1) does not apply to any of the following circumstances: (A) Anything for which the judicial officer pays the fair market value. (B) Anything for which the judicial officer does not use and promptly returns to the person who provided the gift to the judicial officer. (C) A gift from a relative. (D) A gift from another judicial officer. (E) Honorary degrees (and associated travel, food, refreshments, and entertainment) and other bona fide, nonmonetary awards presented in recognition of public service (and associated food, refreshments, and entertainment provided in the presentation of such degrees and awards) paid for by an educational institution if the educational institution pays for, or sponsors, the award and invites the judicial officer. (F) Opportunities and benefits that are— (i) available to the public or to a class consisting of all employees; (ii) offered to members of a group or class for which membership in such group or class is unrelated to service as a judicial officer; (iii) offered to members of an organization open to all judicial officers; (iv) in the form of loans from banks and other financial institutions on terms generally available to the public; or (v) in the form of a reduction in membership fees or fees for participation in activities of an organization if such reduction is offered to all employees and the organization is a professional organization in which its membership is solely contingent on professional qualifications of the prospective member. (G) Reimbursement for reasonable expenses for transportation, food, lodging, and entertainment at a seminar or event relating to the law, the legal system, or the administration of justice if— (i) the judicial officer was not invited to the seminar or event by a prohibited source; (ii) the seminar or event is not organized, paid for, or sponsored by a prohibited source; and (iii) the total amount of reimbursement for the seminar or event is— (I) $2,000 or less; or (II) greater than $2,000 if such judicial officer received a written waiver from— (aa) in the case of a justice of the Supreme Court of the United States, the Chief Justice of the United States; and (bb) in the case of a judge, the chief judge of the circuit or district of the judge . (H) Personal hospitality from an individual, who is not a prohibited source, in an amount that does not exceed the dollar amount established under paragraph (1) of section 2503(b)(as adjusted under paragraph (2) of such section) of the Internal Revenue Code of 1986 ( 26 U.S.C. 2503(b) ) with respect to such calendar year. (3) Gifts to relatives A gift to a relative of the judicial officer shall be considered a gift to the judicial officer if— (A) it is given with the knowledge and acquiescence of the judicial officer; and (B) the judicial officer has reason to believe the gift was given because of the official position of the judicial officer. (c) Enforcement (1) Referral (A) Attorney General The Judicial Conference of the United States, or any official designated by the Supreme Court of the United States or Congress to assist the justices of the Supreme Court in maintaining compliance with the Code of Conduct for Justices of the Supreme Court of the United States issued by the Court on November 13, 2023, or any successor rules or regulations governing ethical or conduct standards for justices, shall refer to the Attorney General the name of any individual who the Conference or the official has reasonable cause to believe has accepted a gift prohibited by this section or any other law or regulation. (B) Notification of referral Whenever the Judicial Conference of the United States refers a judicial officer to the Attorney General under this subsection, the Conference shall notify the judicial council of the circuit in which such referred judicial officer serves. (2) Penalties (A) Civil penalties The Attorney General may bring a civil action in any appropriate United States district court for a violation of this section. The court in which such action is brought may assess against such individual a civil penalty in any amount, not to exceed $50,000. (B) Criminal penalties Any person who knowingly and willfully violates this section shall be fined under title 18, imprisoned for not more than 1 year, or both. (d) Implementation Within 180 days of the enactment of the High Court Gift Ban Act , the Supreme Court of the United States and the Judicial Conference of the United States shall each promulgate regulations to carry out this section and ensure compliance. (e) Rule of construction Nothing in this section shall be construed to make it permissible for a judicial officer to accept a gift or other item of value that the judicial officer is prohibited from accepting under any other law, rule, or regulation. . (b) Technical and conforming amendment The table of sections for subchapter V of Chapter 73 of title 5, United States Code, is amended by adding at the end the following: 7354. Gifts to Federal judges. .