[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 8830 Introduced in House (IH)]
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118th CONGRESS
2d Session
H. R. 8830
To prohibit Federal judges from receiving gifts valued over $50 in an
instance or $100 in the aggregate in a year from a source unless
excepted, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
June 25, 2024
Mr. Raskin (for himself, Ms. Ocasio-Cortez, Ms. Budzinski, Mr. Carson,
Mr. Casten, Mr. Connolly, Ms. Craig, Ms. Crockett, Mr. Espaillat, Mrs.
Foushee, Mr. Robert Garcia of California, Mr. Goldman of New York, Mr.
Jackson of Illinois, Mr. Johnson of Georgia, Mr. Kildee, Ms. Lee of
California, Ms. Lee of Pennsylvania, Ms. Norton, Ms. Pingree, Mr.
Pocan, Ms. Pressley, Mrs. Ramirez, Ms. Schakowsky, Mr. Smith of
Washington, Ms. Stansbury, Mr. Swalwell, Ms. Tlaib, Mr. Tonko, Mr.
Torres of New York, Ms. Williams of Georgia, and Mr. Mullin) introduced
the following bill; which was referred to the Committee on the
Judiciary
_______________________________________________________________________
A BILL
To prohibit Federal judges from receiving gifts valued over $50 in an
instance or $100 in the aggregate in a year from a source unless
excepted, 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 ``High Court Gift Ban Act''.
SEC. 2. PROHIBITION ON GIFTS.
Subchapter V of Chapter 73 of title 5, United States Code, is
amended by adding at the end the following:
``Sec. 7354. Gifts to Federal judges
``(a) In General.--
``(1) Prohibition.--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, inclusive of the present 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 so long as only 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 Federal 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 Federal employees and such
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 so long as--
``(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 the Chief Justice of the
United States (in the case of a
justice) or the chief judge of the
circuit or district of such officer (in
the case of a 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.
``(b) Enforcement.--
``(1) Referral.--
``(A) Attorney general.--The Judicial Conference,
or any official designated by the Supreme Court or
Congress to assist the justices 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 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
penalties for which shall be the same as the penalties
for violating section 13104 which are described in
section 13106.
``(B) Criminal penalties.--In the case of any
knowing and willful violation of this subsection, the
criminal penalties set forth in section 13106(a)(2)
shall apply.
``(e) 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.--The term `judicial officer' has
the meaning given that 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 individual's
family;
``(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 individual's
family 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.
``(5) Relative.--The term `relative' has the meaning given
that term in section 13101.
``(f) Implementation.--Within 180 days of the enactment of the ,
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.
``(g) 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.''.
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