,,ii #aaith ,,congress #ast ,session ,s4 #cbja ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,november #ai1 #bjbe,mr4 ,sheehy 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 prohibit transactions involving certain assets by ,members of ,congress1 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 ,good ,government ,act of #bjbe4 #b4 ,covered financial instruments of ,members of ,congress and their spouses and dependent children 7a7 ,in general ,chapter #aca of title #e1 ,united ,states ,code1 is amended by adding at the end the following3 ,,iv ,covered financial instruments of ,members of ,congress and their spouses and dependent children #acafa4 ,definitions ,in this subchapter3 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 financial instrument 7,a7 ,in general ,the term covered financial instrument means-- 7i7 any investment in-- 7,i7 a security2 7,,ii7 a security future2 or 7,,iii7 a commodity2 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 a warrant1 or other similar means4 7,b7 ,inclusions ,the term covered financial instrument 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 financial instrument 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 financial instrument 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 ,good ,government ,act of #bjbe4 7#d7 ,dependent child2 ,member of ,congress ,the terms dependent child and ,member of ,congress have the meanings given those terms in section #acaja4 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 ,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#g7 ,interested party ,the term interested party has the meaning given the term in section #acajd7;f77#c77;,e74 7#h7 ,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 ,good ,government ,act of #bjbe4 7#i7 ,qualified blind trust ,the term qualified blind trust means a qualified blind trust1 as defined in section #acajd7;f77#c71 that has been approved in writing by the applicable supervising ethics office under section #acajd7;f77#c77;,d74 7#aj7 ,security2 security future ,the terms security and security future have the meanings given those terms in section #c7;a7 of ,securities ,exchange ,act of #aicd 7#ae ,u4,s4,c4 #gh;c7a774 7#aa7 ,supervising ethics committee ,the term supervising ethics committee means1 as applicable-- 7,a7 the ,select ,committee on ,ethics of the ,senate2 and 7,b7 the ,committee on ,ethics of the ,house of ,representatives4 #acafb4 ,prohibition on certain transactions and holdings involving covered financial instruments ,except as provided in section #acafc1 a ,member of ,congress1 or any spouse or dependent child of a ,member of ,congress1 may not1 during the term of service of the ,member of ,congress1 hold1 purchase1 or sell any covered financial instrument4 #acafc4 ,divestment and placement of covered financial instruments in qualified blind trusts 7a7 ,current ,members of ,congress 7#a7 ,certification ,not later than #cj days after the date of enactment of the ,good ,government ,act of #bjbe1 each current ,member of ,congress shall submit to the applicable supervising ethics office a certification that1 as applicable-- 7,a7 for each covered financial instrument 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 will1 in accordance with paragraph 7#b7-- 7i7 divest the covered financial instrument2 or 7ii7 place the covered financial instrument 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 financial instrument4 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 ,good ,government ,act of #bjbe1 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 financial instrument 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 financial instrument 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 financial instrument 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 financial instrument 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 financial instrument 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 financial instrument 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 financial instrument2 or 7ii7 place the covered financial instrument 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 financial instrument4 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 financial instrument 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 financial instrument 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 financial instrument 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 financial instrument 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 financial instrument shall not exceed #ahj days2 and 7,b7 the period covered by a single extension shall be not longer than #de days4 7c7 ,mingling of assets ,a spouse or dependent child of a ,member of ,congress may place a covered financial instrument in a qualified blind trust established by the ,member of ,congress under subsection 7a77#b77;,a7 or 7b77#b77;,a71 as applicable4 7d7 ,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 financial instrument has been placed pursuant to subsection 7a7 or 7b72 or 7#b7 except as provided in this section1 otherwise control a covered financial instrument4 7e7 ,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 and 7iii7 each notice and other documentation submitted to the supervising ethics office under paragraph 7#b7 or 7#c72 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 #acafd4 ,annual certification of compliance ,not less frequently than annually1 each ,member of ,congress shall submit to the applicable supervising ethics committee a written certification that the ,member of ,congress has achieved compliance with the requirements of this subchapter4 #acafe4 ,enforcement 7a7 ,in general ,the applicable supervising ethics office shall provide a written notice 7including notice of the potential for civil penalties under subsection 7e77 to any ,member of ,congress who-- 7#a7 fails-- 7,a7 to submit a certification under subsection 7a77#a7 or 7b77#a7 of section #acafc by the date on which the certification is required to be submitted2 7,b7 to place #a or more covered financial instruments 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#b7 or 7b77#b7 of section #acafc by the applicable deadline1 subject to any extension under subsection 7a77#c7 or 7b77#c7 of that section2 or 7,c7 to submit an annual certification under section #acafd2 or 7#b7 otherwise violates this subchapter4 7b7 ,hearing ,any ,member of ,congress to whom a notice has been provided under subsection 7a7 shall be afforded an opportunity1 with respect to each alleged violation that is the subject of the notice-- 7#a7 for a hearing2 and 7#b7 to achieve compliance with the requirements of this subchapter4 7c7 ,disgorgement ,a ,member of ,congress shall disgorge to the ,treasury of the ,united ,states any profit from a transaction or holding involving a covered financial instrument that is conducted in violation of this subchapter4 7d7 ,fines 7#a7 ,in general ,a supervising ethics office shall impose a civil penalty1 in the amount described in paragraph 7#b71 on a ,member of ,congress to whom a notice is provided under subsection 7a7-- 7,a7 on the date that is #cj days after the date of provision of the notice2 and 7,b7 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 paragraph 7#a7 shall be equal to the monthly equivalent of the annual rate of pay payable to the ,member of ,congress4 #acaff4 ,authority of supervising ethics committees ,each supervising ethics committee may implement and enforce the requirements of this subchapter1 including by-- 7#a7 issuing-- 7,a7 for ,members of ,congress-- 7i7 rules governing that implementation and enforcement2 and 7ii7 #a or more reasonable extensions to achieve compliance with this subchapter1 if the applicable supervising ethics committee determines that a ,member of ,congress is making a good faith effort to divest any covered financial instruments2 and 7,b7 guidance relating to covered financial instruments2 7#b7 publishing on a publicly available website a description of-- 7,a7 with respect to each civil penalty assessed by the supervising ethics committee pursuant to section #acafe-- 7i7 the amount of such civil penalty2 7ii7 the reasons why each civil penalty fine was assessed2 and 7iii7 the result of each assessment1 including any hearing under section #acafe7;b7 relating to the assessment2 7,b7 the information described in section #acafc7;f77#a72 and 7,c7 each notice1 rule1 and other documentation issued or received by the supervising ethics office under this subchapter2 and 7#c7 establish such procedures and standard forms as the supervising ethics office determines to be appropriate to implement this subchapter4 #acafg4 ,audit by ,government ,accountability ,office ,not later than #b years after the date of enactment of the ,good ,government ,act of #bjbe1 the ,comptroller ,general of the ,united ,states shall-- 7#a7 conduct an audit of the compliance by ,members of ,congress with the requirements of this subchapter2 and 7#b7 submit to the supervising ethics committees a report describing the results of the audit conducted under paragraph 7#a74 4 7b7 ,conforming amendments 7#a7 ,table of sections ,the table of sections for chapter #aca of title #e1 ,united ,states ,code1 is amended by adding at the end the following3 ,,subchapter ,,iv--,covered financial instruments of ,members of ,congress and their spouses and dependent children#acafa4 ,definitions4#acafb4 ,prohibition on certain transactions and holdings involving covered financial instruments4#acafc4 ,divestment and placement of covered financial instruments in qualified blind trusts4#acafd4 ,annual certification of compliance4#acafe4 ,enforcement4#acaff4 ,authority of supervising ethics committees4#acafg4 ,audit by ,government ,accountability ,office4 4 7#b7 ,persons required to file ,section #acajc7;f7 of title #e1 ,united ,states ,code1 is amended-- 7,a7 in paragraph 7#i71 by striking as defined in section #acaja of this title2 7,b7 in paragraph 7#aj71 by striking as defined in section #acaja of this title2 7,c7 in paragraph 7#aa71 by striking as defined in section #acaja of this title2 and 7,d7 in paragraph 7#ab71 by striking as defined in section #acaja of this title4 7#c7 ,lobbying ,disclosure ,act of #aiie ,section #c7d77;,d7 of the ,lobbying ,disclosure ,act of #aiie 7#b ,u4,s4,c4 #afjb7d77;,d77 is amended by striking legislative branch employee serving in a position described under section #acaja7ac7 of title #e1 ,united ,states ,code and inserting officer or employee of ,congress 7as defined in section #acaja of title #e1 ,united ,states ,code74