[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3534 Introduced in House (IH)]
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118th CONGRESS
1st Session
H. R. 3534
To require justices, judges, magistrate judges, or bankruptcy judges
and their spouses and dependent children to place certain assets into
qualified blind trusts, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
May 18, 2023
Mr. Schiff (for himself, Ms. Spanberger, Mr. Johnson of Georgia, Ms.
Norton, Ms. Jackson Lee, Mrs. Watson Coleman, Mr. Mullin, Mr. Lieu, Ms.
Lee of California, Ms. Tlaib, Mr. Nickel, Mrs. Torres of California,
Mr. Sablan, Mr. Davis of Illinois, Mr. Garcia of Illinois, Mr. Thompson
of Mississippi, Ms. Scanlon, and Mr. Garamendi) introduced the
following bill; which was referred to the Committee on the Judiciary
_______________________________________________________________________
A BILL
To require justices, judges, magistrate judges, or bankruptcy judges
and their spouses and dependent children to place certain assets into
qualified blind trusts, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Justice is Beneficial Limitation on
Investments and Necessary Disclosure Act of 2023'' or as the ``Justice
is BLIND Act of 2023''.
SEC. 2. PLACEMENT OF CERTAIN ASSETS OF JUSTICES, JUDGES, MAGISTRATE
JUDGES, OR BANKRUPTCY JUDGES AND THEIR SPOUSES AND
DEPENDENT CHILDREN IN BLIND TRUST.
Section 455 of title 28, United States Code, is amended--
(1) in subsection (c), by inserting the following: ``though
such efforts should not include seeking information about the
identity of the financial instruments contained in any
qualified blind trust other than the initial assets of the
qualified blind trust established by a justice, judge,
magistrate judge or bankruptcy judge, or the spouse or
dependent child of such justice, judge, magistrate judge, or
bankruptcy judge, to comply with subsection (g)'' before the
period at the end; and
(2) by adding at the end the following:
``(g) Placement of Certain Assets of Justices, Judges, Magistrate
Judges, or Bankruptcy Judges and Their Spouses and Dependent Children
in Qualified Blind Trust.--
``(1) In general.--
``(A) Justice, judge, magistrate judge, or
bankruptcy judge occupying office on date of
enactment.--Not later than 90 days after the effective
date of this subsection, a justice, judge, magistrate
judge, or bankruptcy judge and any spouse or dependent
child of such justice, judge, magistrate judge, or
bankruptcy judge shall place any covered financial
interest of such justice, judge, magistrate judge, or
bankruptcy judge or by any spouse or dependent child of
such justice, judge, magistrate judge, or bankruptcy
judge, into a qualified blind trust.
``(B) Justice, judge, magistrate judge, or
bankruptcy judge assuming office after date of
enactment.--Not later than 90 days after the date an
individual becomes a justice, judge, magistrate judge,
or bankruptcy judge, such individual and any spouse or
dependent child of such individual shall place any
covered financial interest of such individual, spouse,
or dependent child into a qualified blind trust.
``(C) Mingling of assets.--A spouse or dependent
child of a justice, judge, magistrate judge, or
bankruptcy judge may place a covered financial interest
in a qualified blind trust established by such justice,
judge, magistrate judge, or bankruptcy judge under
subparagraph (A) or (B). A justice, judge, magistrate
judge, or bankruptcy judge may place a covered
financial interest in a qualified blind trust
established by the spouse of such justice, judge,
magistrate judge, or bankruptcy judge under
subparagraph (A) or (B).
``(D) Assets upon separation.--A justice, judge,
magistrate judge, or bankruptcy judge and any spouse or
dependent child of such justice, judge, magistrate
judge, or bankruptcy judge may not dissolve any
qualified blind trust in which a covered financial
interest has been placed pursuant to subparagraph (A)
or (B), or otherwise control such a financial interest,
until the date that is 180 days after the date such
justice, judge, magistrate judge, or bankruptcy judge
ceases to be a justice, judge, magistrate judge, or
bankruptcy judge.
``(2) Accountability.--
``(A) In general.--A justice, judge, magistrate
judge, or bankruptcy judge shall--
``(i) not later than 15 days after the date
a qualified blind trust is established under
paragraph (1), attest in writing that such
trust has been established and that any covered
financial interest of such justice, judge,
magistrate judge, or bankruptcy judge or a
spouse or dependent child of such justice,
judge, magistrate judge, or bankruptcy judge
has been placed in such trust; or
``(ii) attest in writing that neither such
justice, judge, magistrate judge, or bankruptcy
judge nor a spouse or dependent child of such
justice, judge, magistrate judge, or bankruptcy
judge have any financial interests.
``(B) Report.--The Administrative Office of the
United States Courts shall make available on the
searchable internet database established under section
105(c) of the Ethics in Government Act of 1978 (5
U.S.C. 13107(c)) any attestation made under
subparagraph (A).
``(3) Exception.--A spouse or dependent child who receives
compensation from their primary occupation through any covered
financial interest shall not be required to place such covered
financial interest in a qualified blind trust under this
subsection.
``(4) Definitions.--In this subsection:
``(A) Commodity.--The term `commodity' has the
meaning given the term in section 1a of the Commodity
Exchange Act (7 U.S.C. 1a).
``(B) Covered financial interest.--The term
`covered financial interest'--
``(i) means a financial interest in a
security, a commodity, or a future, or any
comparable economic interest acquired through
synthetic means such as the use of a
derivative; and
``(ii) does not include--
``(I) a widely held investment fund
described in section 13104(f)(8) of
title 5 that is diversified and
registered as a management company
under the Investment Company Act of
1940 (15 U.S.C. 80a-1 et seq.); or
``(II) a United States Treasury
bill, note, or bond.
``(C) Dependent child.--The term `dependent child'
has the meaning given that term in section 13101 of
title 5.
``(D) Qualified blind trust.--The term `qualified
blind trust' has the meaning given that term in section
13104(f)(3) of title 5.
``(5) Severability.--If any provision of this subsection or
the application of such provision to any person or circumstance
is held to be unconstitutional, the remainder of this
subsection and the application of the remaining provisions of
this subsection to any person or circumstance, shall not be
affected.''.
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