[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 5268 Introduced in Senate (IS)]
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118th CONGRESS
2d Session
S. 5268
To prohibit Federal judges from receiving certain gifts, and for other
purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
September 25, 2024
Mr. Lujan (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.
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.
(a) In General.--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) 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.''.
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