Supreme Court Ethics, Recusal, and Transparency Act of 2025

[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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