,,ii #aaith ,,congress #ast ,session ,s4 #ahgi ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,may #bb1 #bjbe,mr4 ,ossoff 7for himself1 ,mr4 ,kelly1 ,ms4 ,baldwin1 ,ms4 ,duckworth1 ,mr4 ,schatz1 ,mrs4 ,shaheen1 ,mr4 ,warnock1 ,mr4 ,bennet1 and ,mrs4 ,gillibrand7 introduced the following bill2 which was read twice and referred to the ,committee on ,homeland ,security and ,governmental ,affairs ,a ,,bill ,to amend chapter #aca of title #e1 ,united ,states ,code1 to require ,members of ,congress and their spouses and dependent children to place certain assets into blind trusts1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,ban ,congressional ,stock ,trading ,act4 #b4 ,placement of certain assets of ,members of ,congress1 spouses1 and dependent children in qualified blind trusts 7a7 ,in general ,chapter #aca of title #e1 ,united ,states ,code1 is amended by adding at the end the following3 ,,iv ,certain assets of ,members of ,congress1 spouses1 and dependent children #acafa4 ,definitions ,in this title3 7#a7 ,commodity ,the term commodity has the meaning given the term in section #a;a of the ,commodity ,exchange ,act 7#g ,u4,s4,c4 #a;a74 7#b7 ,covered investment 7,a7 ,in general ,the term covered investment means-- 7i7 an investment in a security1 a commodity1 or a future2 and 7ii7 any economic interest comparable to an interest described in clause 7i7 that is acquired through synthetic means1 such as the use of a derivative1 including an option1 warrant1 or other1 similar means4 7,b7 ,inclusions ,the term covered investment includes an investment or economic interest described in subparagraph 7,a7 that is held directly1 or in which an individual has an indirect1 beneficial1 or economic interest1 through-- 7i7 an investment fund2 7ii7 a trust 7other than a qualified blind trust72 7iii7 an employee benefit plan2 or 7iv7 a deferred compensation plan1 including a carried interest or other agreement tied to the performance of an investment1 other than a fixed cash payment4 7,c7 ,exclusions ,the term covered investment does not include-- 7i7 a diversified mutual fund 7including any holdings of such a fund72 7ii7 a diversified exchange-traded fund 7including any holdings of such a fund72 7iii7 a ,united ,states ,treasury bill1 note1 or bond2 7iv7 compensation from the primary occupation of a spouse or dependent child of a ,member of ,congress2 or 7v7 any investment fund held in a ,federal1 ,state1 or local government employee retirement plan4 7,d7 ,clarification ,an investment that achieves compliance with applicable environmental1 social1 and governance criteria shall not be considered to be a covered investment solely by reason of that compliance4 7#c7 ,current ,the term current1 with respect to a ,member of ,congress1 means an individual who is serving as a ,member of ,congress on the date of enactment of the ,ban ,congressional ,stock ,trading ,act4 7#d7 ,dependent child ,the term dependent child means1 with respect to any ,member of ,congress1 any individual-- 7,a7 who has not attained the age of #ai2 and 7,b7 who is a dependent1 within the meaning of section #aeb of the ,internal ,revenue ,code of #aihf1 of the ,member of ,congress4 7#e7 ,diversified ,the term diversified1 with respect to a fund1 trust1 or plan1 means that the fund1 trust1 or plan does not have a stated policy of concentrating its investments in any industry1 business1 single country other than the ,united ,states1 or bonds of a single ,state4 7#f7 ,future ,the term future means-- 7,a7 a security future 7as defined in section #c7;a7 of the ,securities ,exchange ,act of #aicd 7#ae ,u4,s4,c4 #gh;c7a7772 and 7,b7 any other contract for the sale of a commodity for future delivery4 7#g7 ,initial property ,the term initial property means an asset or financial interest transferred to a qualified blind trust by1 or on behalf of1 an interested party or a relative of an interested party1 regardless of whether the asset or financial interest is transferred to the qualified blind trust on or after the date of establishment of the qualified blind trust4 7#h7 ,interested party ,the term interested party has the meaning given the term in section #acajd7;f77#c77;,e74 7#i7 ,member of ,congress ,the term ,member of ,congress has the meaning given the term in section #acaja4 7#aj7 ,new ,the term new1 with respect to a ,member of ,congress1 means an individual who-- 7,a7 is not a current ,member of ,congress2 but 7,b7 commences service as a ,member of ,congress after the date of enactment of the ,ban ,congressional ,stock ,trading ,act4 7#aa7 ,qualified blind trust ,the term qualified blind trust means a qualified blind trust 7as defined in section #acajd7;f77#c77 that has been approved in writing by the applicable supervising ethics office under section #acajd7;f77#c77;,d74 7#ab7 ,security ,the term security has the meaning given the term in section #c7;a7 of the ,securities ,exchange ,act of #aicd 7#ae ,u4,s4,c4 #gh;c7a774 7#ac7 ,supervising ethics office ,the term supervising ethics office has the meaning given the term in section #acaja4 #acafb4 ,placement of certain assets in qualified blind trusts 7a7 ,current ,members of ,congress 7#a7 ,certification ,not later than #cj days after the date of enactment of the ,ban ,congressional ,stock ,trading ,act1 each current ,member of ,congress shall submit to the applicable supervising ethics office a certification that1 as applicable-- 7,a7 for each covered investment owned by the ,member of ,congress or a spouse or dependent child of the ,member of ,congress1 the ,member of ,congress1 or the applicable spouse or dependent child of the ,member of ,congress1 will-- 7i7 divest the covered investment2 or 7ii7 place the covered investment in a qualified blind trust1 including by establishing a qualified blind trust for that purpose1 if necessary2 or 7,b7 neither the ,member of ,congress nor any spouse or dependent child of the ,member of ,congress owns a covered investment4 7#b7 ,divestiture or placement in qualified blind trust 7,a7 ,requirement ,subject to paragraph 7#c71 not later than #abj days after the date of enactment of the ,ban ,congressional ,stock ,trading ,act1 each current ,member of ,congress shall divest1 or place in a qualified blind trust 7including by establishing a qualified blind trust for that purpose1 if necessary71 each covered investment owned by the ,member of ,congress or a spouse or dependent child of the ,member of ,congress4 7,b7 ,divestiture ,a current ,member of ,congress shall divest a covered investment held by the ,member of ,congress or a spouse or dependent child of the ,member of ,congress if-- 7i7 the ,member of ,congress1 or the applicable spouse or dependent child of the ,member of ,congress1 is unable to place the covered investment in a qualified blind trust by the date described in subparagraph 7,a72 and 7ii7 the ,member of ,congress fails to obtain an extension pursuant to paragraph 7#c74 7#c7 ,extensions ,if a current ,member of ,congress1 or a spouse or dependent child of the ,member of ,congress1 is unable to place a covered investment in a qualified blind trust by the date described in paragraph 7#b77;,a71 the ,member of ,congress may request1 and the supervising ethics office may grant1 #a or more reasonable extensions1 subject to the conditions that-- 7,a7 the total period of time covered by all extensions granted to the ,member of ,congress for the covered investment shall not exceed #ahj days2 and 7,b7 the period covered by a single extension shall be not longer than #de days4 7b7 ,new ,members of ,congress 7#a7 ,certification ,not later than #cj days after the date on which an individual becomes a new ,member of ,congress1 the new ,member of ,congress shall submit to the applicable supervising ethics office a certification that1 as applicable-- 7,a7 for each covered investment owned by the ,member of ,congress or a spouse or dependent child of the ,member of ,congress1 the ,member of ,congress1 or the applicable spouse or dependent child of the ,member of ,congress1 will-- 7i7 divest the covered investment2 or 7ii7 place the covered investment in a qualified blind trust1 including by establishing a qualified blind trust for that purpose1 if necessary2 or 7,b7 neither the ,member of ,congress nor a spouse or dependent child of the ,member of ,congress owns a covered investment4 7#b7 ,divestiture or placement in qualified blind trust 7,a7 ,requirement ,subject to paragraph 7#c71 not later than #abj days after the date on which an individual becomes a new ,member of ,congress1 the individual shall divest1 or place in a qualified blind trust 7including by establishing a qualified blind trust for that purpose1 if necessary71 each covered investment owned by the ,member of ,congress or a spouse or dependent child of the ,member of ,congress4 7,b7 ,divestiture ,a new ,member of ,congress shall divest a covered investment held by the ,member of ,congress or a spouse or dependent child of the ,member of ,congress if-- 7i7 the ,member of ,congress1 or the applicable spouse or dependent child of the ,member of ,congress1 is unable to place the covered investment in a qualified blind trust by the date described in subparagraph 7,a72 and 7ii7 the ,member of ,congress fails to obtain an extension pursuant to paragraph 7#c74 7#c7 ,extensions ,if a new ,member of ,congress1 or a spouse or dependent child of the ,member of ,congress1 is unable to place a covered investment in a qualified blind trust by the date described in paragraph 7#b77;,a71 the ,member of ,congress may request1 and the supervising ethics office may grant1 #a or more reasonable extensions1 subject to the conditions that-- 7,a7 the total period of time covered by all extensions granted to the ,member of ,congress for the covered investment shall not exceed #ahj days2 and 7,b7 the period covered by a single extension shall be not longer than #de days4 7c7 ,acquisitions during service 7#a7 ,in general ,subject to paragraph 7#b71 and any applicable rules issued pursuant to subsection 7h77#c71 effective beginning on the date of enactment of the ,ban ,congressional ,stock ,trading ,act1 a ,member of ,congress1 and a spouse or dependent child of the ,member of ,congress1 may not acquire a covered investment4 7#b7 ,inheritances 7,a7 ,in general ,subject to subparagraph 7,b71 a ,member of ,congress or a spouse or dependent child of a ,member of ,congress who inherits a covered investment shall divest or place the covered investment in a qualified blind trust by not later than #abj days after the date on which the covered investment is inherited4 7,b7 ,extensions ,if a ,member of ,congress1 or a spouse or dependent child of the ,member of ,congress1 is unable to place a covered investment in a qualified blind trust by the date described in subparagraph 7,a71 the ,member of ,congress may request1 and the supervising ethics office may grant1 #a or more reasonable extensions1 subject to the conditions that-- 7i7 the total period of time covered by all extensions granted to the ,member of ,congress for the covered investment shall not exceed #ahj days2 and 7ii7 the period covered by a single extension shall be not longer than #de days4 7d7 ,mingling of assets ,a spouse or dependent child of a ,member of ,congress may place a covered investment in a qualified blind trust established by the ,member of ,congress under subsection 7a77#a77;,a77ii7 or 7b77#a77;,a77ii74 7e7 ,separation from service and cooling-,off period required for control ,during the period beginning on the date on which an individual becomes a ,member of ,congress and ending on the date that is #ahj days after the date on which the individual ceases to serve as a ,member of ,congress1 the ,member of ,congress1 and any spouse or dependent child of the ,member of ,congress1 may not-- 7#a7 dissolve any qualified blind trust in which a covered investment has been placed pursuant to subsection 7a71 7b71 7c77#b71 or 7d72 or 7#b7 except as provided in this section1 otherwise control a covered investment4 7f7 ,reporting requirements 7#a7 ,supervising ethics offices ,each supervising ethics office shall make available on the public website of the supervising ethics office-- 7,a7 a copy of-- 7i7 each certification submitted to the supervising ethics office under subsection 7a77#a7 or 7b77#a72 7ii7 each qualified blind trust agreement of each ,member of ,congress2 7iii7 each notice and other documentation submitted to the supervising ethics office under paragraph 7#b7 or 7#c72 and 7iv7 each notice1 rule1 and other documentation issued or received by the supervising ethics office under subsection 7g72 7,b7 a schedule of all assets placed in a qualified blind trust by each ,member of ,congress and interested party2 and 7,c7 a description of each extension granted1 and each civil penalty imposed1 pursuant to this section4 7#b7 ,trustees ,each trustee of a qualified blind trust established by a ,member of ,congress shall submit to the ,member of ,congress and the applicable supervising ethics office a written notice in any case in which the trustee-- 7,a7 learns that-- 7i7 an interested party has obtained knowledge of any trust property other than the initial property of the qualified blind trust2 or 7ii7 the value of the initial property of the qualified blind trust is less than #a1jjj2 or 7,b7 divests any initial property of the qualified blind trust4 7#c7 ,members of ,congress ,each ,member of ,congress who is a beneficiary of a qualified blind trust shall submit to the applicable supervising ethics office-- 7,a7 a copy of the executed qualified blind trust agreement by not later than #cj days after the date of execution2 7,b7 a list of each asset and each financial interest transferred to the qualified blind trust by an interested party by not later than #cj days after the date of the transfer2 7,c7 a copy of each notice submitted to the ,member of ,congress under paragraph 7#b7 by not later than #cj days after the date of receipt2 7,d7 a written notice that an interested party has obtained knowledge of any holding of the qualified blind trust by not later than the date that is #cj days after the date on which the ,member of ,congress discovered that the knowledge had been obtained2 and 7,e7 a written notice of dissolution of the qualified blind trust by not later than #cj days after the date of dissolution4 7g7 ,enforcement 7#a7 ,in general ,the applicable supervising ethics office shall provide a written notice 7including notice of the potential for civil penalties under paragraph 7#b77 to any ,member of ,congress who fails-- 7,a7 to submit a certification under subsection 7a77#a7 or 7b77#a7 by the date on which the certification is required to be submitted2 or 7,b7 to place #a or more covered investments owned by the ,member of ,congress or a spouse or dependent child of the ,member of ,congress in a qualified blind trust in accordance with subsection 7a77#b71 7b77#b71 7c77#b77;,c77i77,,ii71 or 7c77#b77;,a7 by the applicable deadline1 subject to any extension under subsection 7a77#c71 7b77#c71 or 7c77#b77;,b74 7#b7 ,civil penalties 7,a7 ,in general ,a supervising ethics office shall impose a civil penalty1 in the amount described in subparagraph 7,b71 on a ,member of ,congress to whom a notice is provided under subparagraph 7,a7 or 7,b7 of paragraph 7#a7-- 7i7 on the date that is #cj days after the date of provision of the notice2 and 7ii7 not less frequently than once every #cj days thereafter4 7,b7 ,amount ,the amount of each civil penalty imposed on a ,member of ,congress pursuant to subparagraph 7,a7 shall be equal to the monthly equivalent of the annual rate of pay payable to the ,member of ,congress4 7h7 ,authorization of supervising ethics offices ,each supervising ethics office in the legislative branch may-- 7#a7 impose and collect civil penalties in accordance with subsection 7g72 7#b7 establish such procedures and standard forms as the supervising ethics office determines to be appropriate to implement this section2 7#c7 issue rules in accordance with this section to establish new1 and supplement existing1 definitions applicable to this section2 and 7#d7 publish on a website all documents and communications described in this subsection4 4 7b7 ,clerical amendment ,the table of sections for chapter #aca of title #e1 ,united ,states ,code1 is amended by adding at the end the following3 ,,subchapter ,,iv--,certain assets of ,members of ,congress1 spouses1 and dependent children #acafa4 ,definitions4 #acafb4 ,placement of certain assets in qualified blind trusts4 4