,,ii #aaith ,,congress #b;d ,session ,s4 #ciad ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,february #be1 #bjbf,mr4 ,booker 7for himself1 ,mr4 ,blumenthal1 ,ms4 ,hirono1 ,mr4 ,padilla1 ,mr4 ,schiff1 and ,mr4 ,welch7 introduced the following bill2 which was read twice and referred to the ,committee on the ,judiciary ,a ,,bill ,to amend title #bh1 ,united ,states ,code1 to establish an ,office of ,ethics ,counsel and an ,office of ,investigative ,counsel within the ,supreme ,court of the ,united ,states4 #a4 ,short title ,this ,act may be cited as the ,supreme ,court ,ethics and ,investigations ,act4 #b4 ,establishment of the office of ethics counsel within the supreme court of the united states 7a7 ,in general ,chapter #de of title #bh1 ,united ,states ,code1 is amended by adding at the end the following3 #fgh4 ,office of ,ethics ,counsel 7a7 ,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-- 7#a7 constituted by one chief ethics counsel who may employ such officers and employees1 subject to the provisions of title #e1 governing appointments in the competitive service1 and the provisions of chapter #ea and subchapter ,,iii of chapter #ec of such title relating to classification and ,general ,schedule pay rates2 and 7#b7 to advise and provide guidance to justices of the ,supreme ,court1 and their spouses1 on matters of judicial ethics1 including-- 7,a7 financial disclosure requirements2 7,b7 the acceptance of gifts2 7,c7 political activity2 7,d7 conflicts of interest and recusal2 and 7,e7 the unauthorized disclosure of official ,court documents4 7b7 ,ethics counsels 7#a7 ,staffing and compensation of counsels 7,a7 ,chief ,ethics ,counsel ,the chief ethics counsel within the ,office of ,ethics ,counsel-- 7i7 may not be employed by the ,court on the date of enactment of this section2 7ii7 shall be appointed by the ,chief ,justice2 7iii7 shall serve not more than two #f-year terms2 and 7iv7 shall receive an annual rate of pay of at least #bbe1jjj4 7,b7 ,other counsels ,any counsel other than the chief ethics counsel within the ,office of ,ethics ,counsel-- 7i7 may not be employed by the ,court on the date of enactment of this section2 7ii7 shall be appointed by the chief ethics counsel2 7iii7 shall serve not more than two #f-year terms2 and 7iv7 shall receive an annual rate of pay of at least #ahj1jjj4 7#b7 ,qualifications ,each counsel of the ,office of ,ethics ,counsel shall-- 7,a7 be licensed to practice law in a ,state or territory of the ,united ,states and a member of the bar in good standing2 and 7,b7 possess at least #e years of experience as a practicing attorney4 7#c7 ,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 education1 training1 and experience1 as determined by the ,chief ,justice4 7#d7 ,termination of counsels ,the employment of a counsel may only be terminated by the ,chief ,justice for cause4 7c7 ,training ,on a biannual basis1 the ,office of ,ethics ,counsel shall provide1 and each justice shall take1 a training course on the judicial ethics matters described in subsection 7a77#b74 7d7 ,report ,on an annual basis1 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 year1 including-- 7#a7 the number of times advice was sought and given2 7#b7 whether the advice was sought by judicial officers or by judicial employees2 7#c7 information about the topics covered by the advice given1 including the number of questions related to gifts1 financial disclosures1 nonpublic information1 and political activity2 7#d7 the number and types of mitigation measures that were recommended1 including recusal1 divestiture1 resignation2 and 7#e7 the number of times advice described in this subsection was not followed by the individual to whom it was given1 if known by the ,office4 7e7 ,definitions ,in this section3 7#a7 ,the term gift means any gratuity1 favor1 discount1 entertainment1 hospitality1 loan1 forbearance1 or other item having monetary value4 ,the term includes services as well as gifts of training1 transportation1 local travel1 lodgings and meals1 whether provided in-kind1 by purchase of a ticket1 payment in advance1 or reimbursement after the expense has been incurred4 7#b7 ,the term political activity means political engagements1 such as paid speaking events1 fundraisers1 or donations to political parties1 politicians1 political action groups1 or endorsements of political candidates4 4 7b7 ,clerical amendment ,the table of contents of chapter #de of title #bh1 ,united ,states ,code1 is amended by inserting after the item relating to section #fgh the following3 #fgh4 ,office of ,ethics ,counsel4 4 #c4 ,establishment of the office of investigative counsel within the supreme court of the united states 7a7 ,in general ,chapter #de of title #bh1 ,united ,states ,code1 as amended by this ,act1 is further amended by adding at the end the following3 #fgi4 ,office of ,investigative ,counsel 7a7 ,office of investigative counsel ,the ,chief ,justice is authorized to establish an ,office of ,investigative ,counsel within the ,supreme ,court of the ,united ,states-- 7#a7 constituted by one ,chief ,investigative ,counsel and at least two additional investigative counsels2 and 7#b7 to review and investigate ethics complaints against justices arising from their actions or the actions of their spouses and dependents4 7b7 ,investigative counsels 7#a7 ,staffing and compensation of counsels 7,a7 ,chief investigative counsel ,the ,chief ,investigative ,counsel-- 7i7 may not be employed by the court on the date of enactment of this section2 7ii7 shall be appointed by the ,chief ,justice2 7iii7 shall serve not more than one #f-year term2 and 7iv7 shall receive an annual rate of pay of at least #bbe1jjj4 7,b7 ,additional investigative counsels ,the investigative counsels-- 7i7 may not be employed by the court on the date of enactment of this section2 7ii7 shall be appointed by the ,chief ,investigative ,counsel2 7iii7 shall serve at the pleasure of the ,chief ,investigative ,counsel2 and 7iv7 shall receive an annual rate of pay of at least #ahj1jjj4 7,c7 ,qualifications ,each investigative counsel of the ,office of ,investigative ,counsel shall-- 7i7 be licensed to practice law in a ,state or territory of the ,united ,states and a member of the bar in good standing2 and 7ii7 possess at least #g years of experience as a practicing attorney4 7,d7 ,expertise ,each investigative counsel and the ,chief ,investigative ,counsel shall be an individual of exceptional public standing who is specifically qualified to serve within the ,office of ,investigative ,counsel by virtue of the individual's education1 training1 and experience4 7,e7 ,termination of counsels ,the employment of the ,chief ,investigative ,counsel may only be terminated by the ,chief ,justice for cause4 7#b7 ,subpoena power 7,a7 ,in general ,for the discharge of their duties1 the ,chief ,investigative ,counsel shall have the authority to issue subpoenas to compel witnesses to appear and testify and to produce books1 papers1 correspondence1 memoranda1 documents1 or other relevant records4 ,the ,chief ,investigative ,counsel may issue subpoenas requiring the attendance and testimony of witnesses and the production of any evidence relating to any matter under investigation by the ,office of ,investigative ,counsel1 which the ,office is empowered to investigate by this section4 ,the attendance of witnesses and the production of evidence may be required from any place within the ,united ,states at any designated place of hearing within the ,united ,states4 7,b7 ,failure to obey a subpoena ,if a person refuses to obey a subpoena issued under subparagraph 7,a71 the ,chief ,investigative ,counsel may apply to a ,united ,states district court for an order requiring that person to appear before the ,office of ,investigative ,counsel to give testimony1 produce evidence1 or both1 relating to the matter under investigation4 ,the application may be made within the judicial district where the hearing is conducted or where that person is found1 resides1 or transacts business4 ,any failure to obey the order of the court shall be punishable by contempt of court4 7,c7 ,service of subpoenas ,the subpoenas of the ,office of ,investigative ,counsel shall be served in the manner provided for subpoenas issued by a ,united ,states district court under the ,federal ,rules of ,civil ,procedure for the ,united ,states district courts4 7,d7 ,service of process ,all process of any court to which application is made under subparagraph 7,b7 may be served in the judicial district in which the person required to be served resides or may be found4 7c7 ,ethics complaints 7#a7 ,filing ,an ethics complaint against a justice may be filed with the ,office of ,investigate ,counsel by-- 7,a7 the chair or ranking minority member of the ,committee on the ,judiciary of the ,house of ,representatives or of the ,senate2 7,b7 the ,majority ,leader or ,minority ,leader of the ,senate2 or 7,c7 the ,speaker or the ,minority ,leader of the ,house of ,representatives4 7#b7 ,review ,not later than #fj days after an ethics complaint is filed under paragraph 7#a71 the ,office of ,investigative ,counsel shall review the complaint and determine whether a full investigation is appropriate4 ,in making a determination under this paragraph1 the ,office shall consider whether the alleged behavior of a justice violates the ,code of ,conduct of the ,supreme ,court1 the ,judicial ,code of ,conduct1 or any applicable law or regulation4 ,upon making a determination under this paragraph1 the chief counsel shall respond to each ethics complaint filed under paragraph 7#a71 regardless of whether the ,office of ,investigative ,counsel determines that an investigation is appropriate4 7#c7 ,investigation ,if the ,office determines that a full investigation is appropriate1 it shall open the investigation not later than #ae days after making such determination4 7#d7 ,reporting 7,a7 ,in general ,the ,office of ,investigative ,counsel shall submit to the ,chief ,justice a report containing its findings and recommendations about an ethics complaint filed under paragraph 7#b7 7including in the case of a complaint with respect to which the ,office determines that no violation has occurred71 except that in the case of an ethics complaint with respect to which the ,chief ,justice is the subject1 the ,office shall deliver such report to the most senior associate justice4 7,b7 ,contents ,a report under subparagraph 7,a7 shall include-- 7i7 each violation of the ,code of ,conduct for the ,supreme ,court committed by the justice who was the subject of the investigation under paragraph 7#c71 including any such violation that arose as a result of the actions of a spouse or dependant of the justice2 and 7ii7 substantive and actionable recommendations from the ,office of ,investigative ,counsel including recusal1 divestment and neutralization conflicts of interest1 and other remedies4 7,c7 ,publication 7i7 ,chief ,justice ,the ,chief ,justice may1 in his sole discretion1 release to the public a report received under subparagraph 7,a71 but may not alter such a report in any way1 except to redact any classified or personally identifiable information4 ,in the case of an ethics complaint with respect to which the ,chief ,justice is the subject1 the most senior associate justice is authorized to carry out this clause4 7ii7 ,availability to ,congress ,not later than #aj days after completing a report under subparagraph 7,a71 the ,office of ,investigative ,counsel shall make the report available to-- 7,i7 the ,committees on the ,judiciary of the ,house of ,representatives and of the ,senate2 7,,ii7 the ,committee on ,oversight and ,accountability of the ,house of ,representatives2 and 7,,iii7 the ,committee on ,homeland ,security and ,governmental ,affairs of the ,senate4 7iii7 ,duty to inform the ,attorney ,general ,in carrying out the duties of the ,office1 the ,investigative ,counsel shall report expeditiously to the ,attorney ,general whenever the ,investigative ,counsel has reasonable grounds to believe there has been a violation of ,federal criminal law4 4 7b7 ,clerical amendment ,the table of contents of chapter #de of title #bh1 ,united ,states ,code1 is amended by inserting after the item relating to section #fgh1 as added by section #b1 the following3 #fgi4 ,office of ,investigative ,counsel4 4 #d4 ,severability ,if any provision of this ,act1 or any application of such provision to any person or circumstance1 is held to be unconstitutional1 the remainder of this ,act and the application of this ,act to any other person or circumstance shall not be affected4