Pub. L. 117-125 - Courthouse Ethics and Transparency Act

117th Congress

Affects: 28 U.S.C. §§ 152, 631

SECTION 1. SHORT TITLE.

This Act may be cited as the “Courthouse Ethics and Transparency Act”.

SEC. 2. PERIODIC TRANSACTION REPORTS AND ONLINE PUBLICATION OF FINANCIAL DISCLOSURE REPORTS OF FEDERAL JUDGES.

(a)(1) Section 103(l) of the Ethics in Government Act of 1978 (5 U.S.C. App.) is amended by adding at the end the following:

(a)(1)“(11) Each judicial officer.

(a)(1)“(12) Each bankruptcy judge appointed under section 152 of title 28, United States Code.

(a)(1)“(13) Each United States magistrate judge appointed under section 631 of title 28, United States Code.”

(a)(1) .

(a)(2) The amendment made by paragraph (1) shall apply to applicable transactions occurring on or after the date that is 90 days after the date of enactment of this Act.

(b) Section 105 of the Ethics in Government Act of 1978 (5 U.S.C. App.) is amended—

(b)(1) by redesignating subsections (c) and (d) as subsections (d) and (e), respectively; and

(b)(2) by inserting after subsection (b) the following:

(b)(2)“(c)“(1) Subject to paragraph (4), not later than 180 days after the date of enactment of the Courthouse Ethics and Transparency Act, the Administrative Office of the United States Courts shall establish a searchable internet database to enable public access to any report required to be filed under this title by a judicial officer, bankruptcy judge, or magistrate judge.

(b)(2)“(c)“(2) Not later than 90 days after the date on which a report is required to be filed under this title by a judicial officer, bankruptcy judge, or magistrate judge, the Administrative Office of the United States Courts shall make the report available on the database established under paragraph (1) in a full-text searchable, sortable, and downloadable format for access by the public.

(b)(2)“(c)“(3) Any report made available on the database established under paragraph (1) shall not contain any information that is redacted in accordance with subsection (b)(3).

(b)(2)“(c)“(4)“(A) Subject to subparagraph (B), the requirements of this subsection may be implemented after the date described in paragraph (1) if the Administrative Office of the United States Courts identifies in writing to the relevant committees of Congress the additional time needed for that implementation.

(b)(2)“(c)“(4)“(B) The Administrative Office of the United States Courts shall continue to make the reports described in paragraph (1) available to the public during the period in which the Administrative Office of the United States Courts establishes the database under this subsection.”

(b)(2) .

(c)(1) Section 103(l) of the Ethics in Government Act of 1978 (5 U.S.C. App.) (as amended by subsection (a)(1)) is amended—

(c)(1)(A) in paragraph (9), by striking “, as defined under section 109(12)”; and

(c)(1)(B) in paragraph (10), by striking “, as defined under section 109(13)”.

(c)(2) Section 105 of the Ethics in Government Act of 1978 (5 U.S.C. App.) (as amended by subsection (b)) is amended—

(c)(2)(A) in subsection (a)(1), by striking “be revealing” and inserting “by revealing”; and

(c)(2)(B) in subsection (b)—

(c)(2)(B)(i) in paragraph (1)—

(c)(2)(B)(i)(I) in the first sentence, by striking “be,,” and inserting “be,”; and

(c)(2)(B)(i)(II) in the third sentence, by striking “may be may” and inserting “may be, may”; and

(c)(2)(B)(ii) in paragraph (3)(A), by striking “described in section 109(8) or 109(10) of this Act” and inserting “who is a judicial officer or a judicial employee”.

(c)(3) Section 107(a)(1) of the Ethics in Government Act of 1978 (5 U.S.C. App.) is amended in the last sentence by striking “and (d)” and inserting “and (e)”.

Legislative History

LEGISLATIVE HISTORY—S. 3059 (H.R. 5720):

CONGRESSIONAL RECORD, Vol. 168 (2022):

Feb. 17, considered and passed Senate.

Apr. 27, considered and passed House.