Page:United States Statutes at Large Volume 92 Part 2.djvu/551

 PUBLIC LAW 95-521—OCT. 26, 1978

92 STAT. 1831

(3) of this subsection; (ii) acquire any holding the ownership of which is prohibited by the trust instrument; (iii) solicit advice from any interested party with respect to such trust, which solicitation is prohibited by paragraph (3) of this subsection or the trust agreement; or (iv) fail to file any document required by this subsection. (B) A reporting individual shall not knowingly or negligently (i) solicit or receive any information with respect to a qualified blind trust of which he is an interested party that may not be disclosed under paragraph (3)(C) of this subsection, or (ii) fail to file any document required by this subsection. (C)(i) The Attorney General may bring a civil action in any appropriate United States District Court against any individual who knowingly and willfully violates the provisions of subparagraph (A) or (B) of this paragraph. The court in which such action is brought may assess against such individual a civil penalty in any amount not to exceed $5,000. (ii) The Attorney General may bring a civil action in any appropriate United States District Court against any individual who negligently violates the provisions of subparagraph (A) or (B) of this paragraph. The court in which such action is brought may assess against such individual a civil penalty in any amount not to exceed $1,000. (7) Any trust which is in existence prior to the date of the enactment of this Act shall be considered a qualified blind trust if— (A) the supervising ethics office determines that the trust was a good faith effort to establish a blind trust; (B) the previous trust instrument is amended or, if such trust instrument does not by its terms permit amendment, all parties to the trust instrument, including the reporting individual and the trustee, agree in writing that the trust shall be administered in accordance with the requirements of paragraph (3)(C) and a trustee is (or has been) appointed who meets the requirements of paragraph (3); and (C) a copy of the trust instrument (except testamentary provisions), a list of the assets previously transferred to the trust by an interested party and the category of value of each such asset at the time it was placed in the trust, and a list of assets previously placed in the trust by an interested party which have been sold are filed and made available to the public as provided under paragraph (5) of this subsection. (f) Political campaign funds, including campaign receipts and expenditures, need not be included in any report filed pursuant to this title. FILING o r

REPORTS; DUTIES OF CLERK AND

Civil action, penalty.

Qualified blind trust, considerations.

SECRETARY

SEC. 103. (a) The reports required by section 101 of Representatives, 2 USC 703. Delegates to Congress, the Kesident Commissioner from Puerto Rico, officers and employees of the House, candidates seeking election to the House, and officers and employees of the Architect of the Capitol, the Botanic Gardens, the Congressional Budget Office, the Government Printing Office, and the Library of Congress shall be filed with the Clerk. (b) The reports required by section 101 of Senators, officers and employees of the Senate, candidates seeking election to the Senate, and

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