H.R. 3513

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3513 Introduced in House (IH)]

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119th CONGRESS
1st Session
H. R. 3513

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

May 20, 2025

Mr. Johnson of Georgia (for himself, Ms. Brownley, Mr. Carson, Ms. Dean 
of Pennsylvania, Mr. Doggett, Mr. Fields, Mr. Foster, Mr. Frost, Mr. 
Goldman of New York, Ms. Lee of Pennsylvania, Mr. Lieu, Ms. McClellan, 
Mr. Min, Mr. Nadler, Ms. Norton, Ms. Pingree, Mrs. Ramirez, Mr. Raskin, 
Ms. Ross, Ms. Scanlon, Ms. Sherrill, Mr. Stanton, Mr. Swalwell, Mr. 
Thompson of Mississippi, Ms. Tokuda, Mr. Vargas, Ms. Craig, Ms. 
Pressley, and Mr. Neguse) introduced the following bill; which was 
referred to the Committee 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 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 2025''.

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) 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 Supreme Court.
``(b) Other Judges.--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) 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.
``Sec. 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 of 
the United States 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.
``Sec. 367. Complaints against justices
``(a) Receipt of Complaints.--
``(1) In general.--Not later than 180 days after the date 
of enactment of this section, the Supreme Court of the United 
States shall establish procedures, 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--
``(A) has violated--
``(i) the code of conduct issued pursuant 
to section 365(a);
``(ii) section 455; or
``(iii) any other applicable provision of 
Federal law; or
``(B) has otherwise engaged in conduct that 
undermines the integrity of the Supreme Court.
``(2) Procedures.--Procedures established under this 
subsection shall, at minimum, contain provisions--
``(A) requiring that all complaints submitted under 
this section contain--
``(i) the signature and contact address of 
the complainant;
``(ii) a concise statement of the specific 
facts on which the claim of misconduct is 
based; and
``(iii) a sworn affirmation that to the 
best of the knowledge and belief of the 
complainant, under penalty of perjury, the 
facts alleged in the complaint are true and 
form a reasonable basis to believe a justice 
has committed misconduct under this section; 
and
``(B) providing for the restriction on the future 
filing of complaints with respect to complainants who 
are shown to have filed repetitive, harassing, or 
frivolous complaints, or have otherwise abused the 
complaint procedure.
``(b) Judicial Investigation Panel.--
``(1) In general.--Upon receipt or identification of a 
complaint under subsection (a), the Supreme 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--
``(A) shall review and, if appropriate as 
determined by the panel, investigate all complaints 
submitted to the panel using procedures established by 
the panel and modeled after the procedures set forth in 
sections 351 through 364;
``(B) shall present to the Supreme Court of the 
United States any findings and recommendations for 
necessary and appropriate action by the Supreme Court, 
including dismissal of the complaint, disciplinary 
actions, or changes to Supreme Court rules or 
procedures;
``(C) if the panel does not recommend dismissal of 
the complaint, not later than 30 days following the 
presentation of any findings and recommendations under 
this paragraph, shall publish a report containing such 
findings and recommendations; and
``(D) if the panel recommends dismissal of the 
complaint, may publish any findings and recommendations 
if the panel determines that such publication would be 
in furtherance of the public interest.
``(3) Powers.--In conducting any investigation under this 
section, the judicial investigation panel may hold hearings, 
take sworn testimony, issue subpoenas 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 complaint 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 relation to such substantially similar complaint.
``(5) Compensation.--The judicial investigation 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 following:

``365. Codes of conduct.
``366. Public access to ethics rules.
``367. Complaints against justices.''.

SEC. 3. MINIMUM GIFT AND 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:
``(e) The Counselor, with the approval of the Chief Justice, shall 
establish rules governing the acceptance of gifts and 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 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, and restrict the acceptance of gifts, and 
require processes for written approval of certain gifts, to the same 
extent as restricted or required 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 or judge knows that a party to the 
proceeding or an affiliate of a party to the proceeding made 
any lobbying contact, as defined 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 
appointment of the justice or judge.
``(7) Where the justice or judge, their spouse, their minor 
child, or a privately held entity owned by any such person 
received income, a gift, or reimbursement, 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 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;
``(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 condition 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--
(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 (d)(4)(i), by inserting ``justice or'' 
before ``judge''; and
(5) 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--
(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, as added by section 5 of 
this Act, 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, 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 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 of the United States 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 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) with respect to a judge, 
magistrate judge, or bankruptcy judge of the United States 
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 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.
``(3) Participation.--The reviewing panel, prior to its 
final determination with respect to a motion 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 following:

``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 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 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 commencement 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 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 amended by adding at the end the following:
``Sec. 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 submission 
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 
amounts are unrelated to the amicus filing activities of the 
amicus.
``(b) Audit.--The Director of the Administrative Office 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 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.

SEC. 9. STUDIES AND REPORTS.

(a) Studies.--
(1) In general.--Not later than the date that is 180 days 
after the date of enactment of this Act, and not later than 
December 1 of every other year thereafter, the Director of the 
Federal Judicial Center shall--
(A) conduct a study on the extent of compliance or 
noncompliance with the requirements of sections 144 and 
455 of title 28, United States Code; and
(B) submit to Congress the results of the study 
required under subparagraph (A).
(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 committees of 
Congress the additional time needed for submission 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 assigned 
to a case due to potential or actual conflicts; and
(B) a justice, judge, magistrate judge, or 
bankruptcy judge of the United States disqualifies 
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 required under subsection (a), 
the Director of the Federal Judicial Center shall submit to Congress a 
report containing the findings of the study and any recommendations to 
improve compliance with sections 144 and 455 of title 28, United States 
Code.
(c) GAO Review.--
(1) In general.--Not later than 1 year after the date on 
which the report is submitted under subsection (b), if 
determined appropriate by the Committee on the Judiciary of the 
Senate or the Committee on the Judiciary of the House of 
Representatives, after consultation with the Comptroller 
General of the United States, and every 5 years thereafter, the 
Comptroller General of the United States shall submit to 
Congress a report containing--
(A) an review of the methodology and findings of 
the study required under subsection (a); and
(B) a review of the methodology and findings of the 
audit required under section 1661 of title 28, United 
States Code, as added by section 7 of this Act.
(2) Access.--For purposes of conducting the reviews 
required under paragraph (1), and consistent with section 715 
of title 31, United States Code, the Comptroller General of the 
United States is authorized to obtain such records of the 
Federal Judicial Center and the Administrative Office of the 
United States Courts as the Comptroller requires, including 
those records relating to the Supreme Court of the United 
States.
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