Establishment of the office of ethics counsel within the supreme court of the united states
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(a) In general Chapter 45 of title 28, United States Code, is amended by adding at the end the following: 678. Office of Ethics Counsel (a) The Office of Ethics Counsel The Chief Justice is authorized to establish an Office of Ethics Counsel within the Supreme Court of the United States— (1) constituted by one chief ethics counsel who may employ such officers and employees, subject to the provisions of title 5, governing appointments in the competitive service, and the provisions of chapter 51 and subchapter III of chapter 53 of such title relating to classification and General Schedule pay rates; and (2) to advise and provide guidance to justices of the Supreme Court, and their spouses, on matters of judicial ethics, including— (A) financial disclosure requirements; (B) the acceptance of gifts; (C) political activity; (D) conflicts of interest and recusal; and (E) the unauthorized disclosure of official Court documents. (b) Ethics counsels (1) Staffing and compensation of counsels (A) Chief Ethics Counsel The chief ethics counsel within the Office of Ethics Counsel— (i) may not be employed by the Court on the date of enactment of this section; (ii) shall be appointed by the Chief Justice; (iii) shall serve not more than two 6-year terms; and (iv) shall receive an annual rate of pay of at least $225,000. (B) Other counsels Any counsel other than the chief ethics counsel within the Office of Ethics Counsel— (i) may not be employed by the Court on the date of enactment of this section; (ii) shall be appointed by the chief ethics counsel; (iii) shall serve not more than two 6-year terms; and (iv) shall receive an annual rate of pay of at least $180,000. (2) Qualifications Each counsel of the Office of Ethics Counsel shall— (A) be licensed to practice law in a State or territory of the United States and a member of the bar in good standing; and (B) possess at least 5 years of experience as a practicing attorney. (3) Expertise Each counsel shall be an individual of exceptional public standing who is specifically qualified to serve within the Office of Ethics Counsel by virtue of the individual’s education, training, and experience, as determined by the Chief Justice. (4) Termination of counsels The employment of a counsel may only be terminated by the Chief Justice for cause. (c) Training On a biannual basis, the Office of Ethics Counsel shall provide, and each justice shall take, a training course on the judicial ethics matters described in subsection (a)(2). (d) Report On an annual basis, the chief ethics counsel shall submit to the Committees on the Judiciary of the House of Representatives and of the Senate a report on the ethics advice given by the Office of Ethics Counsel during the previous year, including— (1) the number of times advice was sought and given; (2) whether the advice was sought by judicial officers or by judicial employees; (3) information about the topics covered by the advice given, including the number of questions related to gifts, financial disclosures, nonpublic information, and political activity; (4) the number and types of mitigation measures that were recommended, including recusal, divestiture, resignation; and (5) the number of times advice described in this subsection was not followed by the individual to whom it was given, if known by the Office. (e) Definitions In this section: (1) The term gift means any gratuity, favor, discount, entertainment, hospitality, loan, forbearance, or other item having monetary value. The term includes services as well as gifts of training, 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) The term political activity means political engagements, such as paid speaking events, fundraisers, or donations to political parties, politicians, political action groups, or endorsements of political candidates.. (b) Clerical amendment The table of contents of chapter 45 of title 28, United States Code, is amended by inserting after the item relating to section 678 the following: 678. Office of Ethics Counsel..