II
117th CONGRESS
1st Session
S. 3385
IN THE SENATE OF THE UNITED STATES
December 14, 2021
Mr. Whitehouse (for himself, Mr. Sanders, Mr. Blumenthal, Ms. Hirono, Ms. Warren, and Mr. Luján) introduced the following bill; which was read twice and referred to the Committee on the Judiciary
A BILL
To amend title 28, United States Code, to require certain disclosures related to amicus activities.
Short title
This Act may be cited as the Assessing Monetary Influence in the Courts of the United States Act
or the AMICUS Act
.
Disclosures related to amicus activities
In general
Chapter 111 of title 28, United States Code, is amended by adding at the end the following:
Disclosures related to amicus activities
Definition
In this section, the term covered amicus means any person, including any affiliate of the person, that files an amicus brief in a calendar year in the Supreme Court of the United States or a courts of appeals of the United States.
Disclosure
In general
Any covered amicus that files an amicus brief in the Supreme Court of the United States or a court of appeals of the United States shall list in the amicus brief the name of any person who—
contributed to the preparation or submission of the amicus brief;
contributed not less than 3 percent of the gross annual revenue of the covered amicus for the previous calendar year if the covered amicus is not an individual; or
contributed more than $100,000 to the covered amicus in the previous calendar year.
Exceptions
The requirements of this subsection shall not apply to amounts received by a covered amicus described in paragraph (1) in commercial transactions in the ordinary course of any trade or business conducted by the covered 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 covered amicus.
Audit
The Comptroller General of the United States shall conduct an annual audit to ensure compliance with this section.
Prohibition on provision of gifts or travel by covered amici to judges and justices
In general
Except as provided in paragraph (2), no covered amicus may make a gift or provide travel to a judge of a court of appeals of the United States, the Chief Justice of the United States, or an associate justice of the Supreme Court of the United States.
Reimbursement for travel for appearances at accredited law schools
Paragraph (1) shall not apply to reimbursement for travel for an appearance at an accredited law school.
Civil fines
Whoever knowingly fails to comply with any provision of this section shall, upon proof of such knowing violation by a preponderance of the evidence, be subject to a civil fine of not more than $200,000, depending on the extent and gravity of the violation.
Rules of construction
Constitutional rights
Nothing in this section shall be construed to prohibit or interfere with—
the right to petition the Government for the redress of grievances;
the right to express a personal opinion; or
the right of association, protected by the First Amendment to the Constitution of the United States.
Prohibition of activities
Nothing in this section shall be construed to prohibit, or to authorize any court to prohibit, amicus activities by any person or entity, regardless of whether such person or entity is in compliance with the requirements of this section.
Severability
If any provision of this section, or the application thereof, is held invalid, the validity of the remainder of this section and the application of such provision to other persons and circumstances shall not be affected thereby.
.
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:
.