119-hr1712

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1712 Introduced in House

    (IH) ]

<DOC>

119th CONGRESS
 1st Session
 H. R. 1712

 To amend chapter 131 of title 5, United States Code, with respect to 
 prohibited financial transactions.

_______________________________________________________________________

 IN THE HOUSE OF REPRESENTATIVES

 February 27, 2025

 Mr. Liccardo (for himself, Mr. Khanna, Ms. Norton, Mr. Mullin, Mr. 
 Grijalva, Mr. Thanedar, Mrs. Torres of California, Mr. Carson, Mr. 
 Swalwell, Mr. Peters, Mr. Soto, Ms. Elfreth, Mr. Garamendi, Ms. 
 Barragan, Mr. Olszewski, Mr. Lieu, Mr. Goldman of New York, Mr. Smith 
of Washington, and Mr. Turner of Texas) introduced the following bill; 
which was referred to the Committee on Oversight and Government Reform, 
 and in addition to the Committees on the Judiciary, and House 
 Administration, for a period to be subsequently determined by the 
 Speaker, in each case for consideration of such provisions as fall 
 within the jurisdiction of the committee concerned

_______________________________________________________________________

 A BILL

 To amend chapter 131 of title 5, United States Code, with respect to 
 prohibited financial transactions.

 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 ``Modern Emoluments and Malfeasance 
Enforcement Act'' or the ``MEME Act''.

SEC. 2. SENSE OF CONGRESS.

 It is the sense of Congress that Federal elected officials must not 
utilize their position, granted by the trust of the public, for private 
financial gain. The issuance, sponsorship, or promotion of financial 
instruments by public office holders will deprive the public of the 
office holder's honest services, facilitate bribery by investors or 
purchasers, and result in public exploitation and corrupt foreign 
influence. Members of Congress and the Executive Branch must not seek 
to use their public office to benefit financially; rather their 
positions are held in trust for the benefit of the American public.

SEC. 3. PROHIBITED FINANCIAL TRANSACTIONS.

    (a) In General.--Chapter 131 of title 5, United States Code, is 
amended by adding at the end the following:
 ``SUBCHAPTER IV--FINANCIAL EXPLOITATION BY A PUBLIC OFFICE HOLDER

``

SEC. 13151. DEFINITIONS.

 ``In this subchapter:
 ``

    (1) Adjacent individual.--The term `adjacent individual' 
 means--
 ``
        (A) each officer or employee in the executive 
 branch holding a Senior Executive Service position (as 
 defined under 

section 3132

    (a)

    (2) );
 ``
        (B) each member of a uniformed service whose pay 
 grade is at or in excess of O-7 under 

section 201 of 
 title 37;
 ``
            (C) each officer or employee in any other 
 position determined by the Special Counsel of the 
 United States, in consultation with the Director of the 
 Office of Government Ethics, to be of equal 
 classification to a position described in subparagraph
        (A) or
        (B) ; or
 ``
            (D) the spouse or dependent child of any 
 individual described in subparagraph
        (A) ,
        (B) , or
            (C) .
 ``

    (2) Prohibited financial transaction.--
 ``
        (A) In general.--The term `prohibited financial 
 transaction' means the issuance, sponsorship, or 
 promotion of a covered asset for pecuniary gain.
 ``
        (B) Covered asset.--The term `covered asset' 
 means--
 ``
            (i) a security (as such term is defined 
 in 

section 3

    (a) of Securities Exchange Act of 
 1934);
 ``
            (ii) a security future (as such term is 
 defined in 

section 3

    (a) of Securities Exchange 
 Act of 1934);
 ``
            (iii) a commodity (as defined in 

section 1a of the Commodity Exchange Act);
 ``
            (iv) a digital asset which can be sold 
 for remuneration, including a cryptocurrency, a 
 meme coin, a token, or a non-fungible token; or
 ``
            (v) any derivative, option, warrant, 
 mutual fund, or exchange-traded fund of an 
 asset described in clause
            (i) ,
            (ii) ,
            (iii) , or
            (iv) .
 ``

    (3) Covered individual.--The term `covered individual' 
 means--
 ``
        (A) the President;
 ``
        (B) the Vice President;
 ``
            (C) a public official (as defined in 

section 201

    (a) of title 18); or
 ``
            (D) the spouse or dependent child of any 
 individual described in subparagraph
        (A) ,
        (B) , or
            (C) .
 ``

    (4) Dependent child.--The term dependent child has the 
 meaning given the term in 

section 13101.

``

SEC. 13152. PROHIBITION ON CERTAIN TRANSACTIONS.

 ``

    (a) Prohibition.--Except as provided in subsection

    (b) , a covered 
individual or an adjacent individual may not engage in or benefit from 
a prohibited financial transaction--
 ``

    (1) during the term of service of the covered individual 
 or adjacent individual;
 ``

    (2) during the 180-day period prior to the date on which 
 the service of such covered individual or adjacent individual 
 commenced; or
 ``

    (3) during the 180-day period beginning on the date on 
 which the service of such covered individual or adjacent 
 individual is terminated.
 ``

    (b) Adjacent Individuals.--With respect to adjacent individuals, 
nothing in this section shall be construed to limit the application of 

section 208 of title 18.
 ``
            (c) Liability and Immunity.--For purposes of any immunities to 
civil liability, any conduct comprising or relating to a prohibited 
financial transaction under this section shall be deemed an `unofficial 
act,' and beyond the scope of official duties.

``

SEC. 13153. CIVIL PENALTIES.

 ``

    (a) Civil Action.--The Attorney General may bring a civil action 
in any appropriate United States district court against any covered 
individual or adjacent individual who violates any provision of 

section 13152.
 ``

    (b) CONTINUING CONDUCT: Any act intended to encourage the sale of 
a covered asset, including advertisement, promotion, solicitation, 
marketing, or endorsement of the covered asset, constitutes a violation 
of this section.
 ``
            (c) Civil Penalty.--The court in which any action is brought 
under subsection

    (a) may assess against a covered individual or an 
adjacent individual a civil penalty of not more than $250,000.
 ``
            (d) Disgorgement.--
 ``

    (1) In general.--A covered individual or adjacent 
 individual shall disgorge to the Treasury of the United States 
 any profit from a prohibited financial transaction or holding 
 conducted in violation of this section.
 ``

    (2) Retroactive.--Disgorgement shall be required for any 
 person who violates 

section 13152 regardless of whether the 
 issuance of the financial asset transpired prior to the 
 enactment of this Act.
 ``

    (e) Private Right of Action.--Notwithstanding any contrary 
provision in any contract relating to the asset, any investor, 
competitor, or other private party suffering harm may bring an action 
in an appropriate district court of the United States for any 
appropriate equitable or declaratory relief, including monetary 
damages, with respect to a violation of 

section 13152.''.

    (b) Criminal Penalties.--Chapter 11 of title 18, United States is 
amended by adding at the end the following:
``

Sec. 228. Prohibited financial transactions
 ``

    (a) Benefit From Prohibited Financial Transaction.--Where any 
covered individual or adjacent individual knowingly violates any 
provision of 

section 13152 of title 5, and has either--
 ``

    (1) caused an aggregate loss of $1,000,000 or more to 
 members of the public; or
 ``

    (2) benefitted financially, through profit, gain, or 
 advantage, directly or indirectly through family members or 
 business associates, from the sale, purchase, or distribution 
 of the covered asset issued in violation of 

section 13152 of 
 title 5,
shall be fined under this title or imprisoned for not more than five 
years, or both.
 ``

    (b) Bribery.--Where any covered individual or adjacent individual 
who knowingly violates any provision of 

section 13152 of title 5, and 
directly or indirectly, corruptly demands, seeks, receives, accepts, or 
agrees to receive or accept anything of value personally or for any 
other person or entity, in return for--
 ``

    (1) being influenced in the performance of any official 
 act;
 ``

    (2) being influenced to commit or aid in committing, or 
 to collude in, or allow, any fraud, or make opportunity for the 
 commission of any fraud, on the United States; or
 ``

    (3) being induced to do or omit to do any act in 
 violation of the official duty of such official or person,
shall be punished pursuant to 

section 201

    (b) .
 ``
            (c) Insider Trading.--Where any covered individual or adjacent 
individual who knowingly violates any provision of 

section 13152 of 
title 5, and violates 

section 10

    (b) of the Securities Exchange Act of 
1934, shall be subject to punished pursuant to 

section 201

    (b) .
 ``
            (d) Intent.--To incur criminal liability under this section, it 
is not required that the covered or adjacent individual intended to 
create an investment asset through the sponsorship, issuance, or 
promotion of the asset.
 ``

    (e) Liability and Immunity.--For purposes of any immunities to 
civil and criminal liability, any conduct comprising or relating to a 
prohibited financial transaction under this section shall be deemed an 
unofficial act and beyond the scope of official duties.
 ``

    (f) 

=== Definitions. ===
-In this section:
 ``

    (1) Adjacent individual.--The term `adjacent individual' 
 means--
 ``
        (A) each officer or employee in the executive 
 branch holding a Senior Executive Service position (as 
 defined under 

section 3132

    (a)

    (2) );
 ``
        (B) each member of a uniformed service whose pay 
 grade is at or in excess of O-7 under 

section 201 of 
 title 37;
 ``
            (C) each officer or employee in any other 
 position determined by the Special Counsel of the 
 United States, in consultation with the Director of the 
 Office of Government Ethics, to be of equal 
 classification to a position described in subparagraph
        (A) or
        (B) ; or
 ``
            (D) the spouse or dependent child of any 
 individual described in subparagraph
        (A) ,
        (B) , or
            (C) .
 ``

    (2) Prohibited financial transaction.--
 ``
        (A) In general.--The term `prohibited financial 
 transaction' means the issuance, sponsorship, or 
 promotion of a covered asset for pecuniary gain.
 ``
        (B) Covered asset.--The term `covered asset' 
 means--
 ``
            (i) a security (as such term is defined 
 in 

section 3

    (a) of Securities Exchange Act of 
 1934);
 ``
            (ii) a security future (as such term is 
 defined in 

section 3

    (a) of Securities Exchange 
 Act of 1934);
 ``
            (iii) a commodity (as defined in 

section 1a of the Commodity Exchange Act);
 ``
            (iv) a digital asset which can be sold 
 for remuneration, including a cryptocurrency, a 
 meme coin, a token, or a non-fungible token; or
 ``
            (v) any derivative, option, warrant, 
 mutual fund, or exchange-traded fund of
            (i) ,
            (ii) ,
            (iii) , or
            (iv) .
 ``

    (3) Covered individual.--The term `covered individual' 
 means--
 ``
        (A) the President;
 ``
        (B) the Vice President;
 ``
            (C) a public official (as defined in 

section 201

    (a) of title 18); or
 ``
            (D) the spouse or dependent child of any 
 individual described in subparagraph
        (A) ,
        (B) , or
            (C) .
 ``

    (4) Dependent child.--The term dependent child has the 
 meaning given the term in 

section 13101.''.
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