119-hr4036

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4036 Introduced in House

    (IH) ]

<DOC>

119th CONGRESS
 1st Session
 H. R. 4036

 To amend title 5, United States Code, to prohibit the short sale of 
certain financial investments by Members of Congress and their spouses 
 and dependents, and for other purposes.

_______________________________________________________________________

 IN THE HOUSE OF REPRESENTATIVES

 June 17, 2025

 Mr. Kean (for himself and Ms. Craig) introduced the following bill; 
 which was referred to the Committee on House Administration

_______________________________________________________________________

 A BILL

 To amend title 5, United States Code, to prohibit the short sale of 
certain financial investments by Members of Congress and their spouses 
 and dependents, 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 ``No Shorting America Act''.

SEC. 2. PROHIBITION OF CONGRESSIONAL SHORT SELLING OF FINANCIAL 
 INVESTMENTS.

 Chapter 131 of title 5, United States Code, is amended by adding at 
the end the following (and by conforming the table of contents for such 
chapter accordingly):

 ``SUBCHAPTER IV--PROHIBITION ON CONGRESSIONAL SHORT SELLING

``

Sec. 13151. Definitions
 ``In this subchapter:
 ``

    (1) Covered financial instrument.--The term `covered 
 financial instrument' means--
 ``
        (A) any investment in--
 ``
            (i) a security (as defined in 

section 3

    (a) of the Securities Exchange Act of 1934 (15 
 U.S.C. 78c

    (a) ));
 ``
            (ii) a security future (as defined in 
 

section 3

    (a) of the Securities Exchange Act of 
 1934 (15 U.S.C. 78c

    (a) )); or
 ``
            (iii) a commodity (as defined in 

section 1a of the Commodity Exchange Act (7 U.S.C. 
 1a)); and
 ``
        (B) any economic interest comparable to an 
 interest described in subclause
            (I) that is acquired 
 through synthetic means, such as the use of a 
 derivative, including an option, warrant, or other 
 similar means.
 ``

    (2) Covered individual.--The term `covered individual' 
 means any of the following:
 ``
        (A) A Member of Congress.
 ``
        (B) The spouse of a Member of Congress.
 ``
            (C) The dependent of a Member of Congress.
 ``

    (3) Dependent.--The term `dependent' has the meaning 
 given that term in 

section 13101.
 ``

    (4) Member of congress.--The term `Member of Congress' 
 has the meaning given that term in 

section 13101.
 ``

    (5) Short sale.--The term `short sale' has the meaning 
 given that term in 

section 242.200 of title 17, Code of Federal 
 Regulations (or any successor regulation).
 ``

    (6) Supervising ethics office.--The term `supervising 
 ethics office' has the meaning given that term in 

section 13101.
``

Sec. 13152. Limitation on short sale
 ``

    (a) In General.--No covered individual may engage in a short sale 
of any covered financial instrument issued by any business entity that 
is listed on a national stock exchange.
 ``

    (b) Income Tax.--A loss from a short sale involving a covered 
financial instrument that is conducted in violation of this section may 
not be deducted from the amount of income tax owed by the covered 
individual.
 ``
            (c) Proof of Compliance.--
 ``

    (1) Submission.--A Member of Congress shall submit to the 
 supervising ethics office a pledge of compliance with the 
 requirements of this subchapter, and shall produce, upon 
 request of the supervising ethics office, material or 
 information determined by the supervising ethics committee to 
 be necessary to indicate compliance with the provisions of this 
 subchapter.
 ``

    (2) Certificate.--The supervising ethics office shall 
 provide each Member of Congress in compliance with the 
 provisions of this chapter with a certificate of compliance.
 ``

    (3) Publication.--The supervising ethics office shall 
 make available, on a publicly accessible website, all 
 certificates issued under this subsection.
``

Sec. 13153. Enforcement
 ``

    (a) Referral.--The supervising ethics office shall refer to the 
Attorney General the name of any covered individual who such office has 
reasonable cause to believe has willfully failed to comply with the 
requirements of 

section 13152.
 ``

    (b) Penalty.--
 ``

    (1) In general.--The Attorney General may bring a civil 
 action in any appropriate United States district court against 
 any covered individual who knowingly and willfully fails to 
 comply with 

section 13152. The court in which such action is 
 brought may assess against such individual a civil penalty in 
 any amount, not to exceed $50,000.
 ``

    (2) Limitation.--A covered individual may not pay any 
 penalty resulting from a civil action under paragraph

    (1) using--
 ``
        (A) funds from a Members' Representational 
 Allowance or Senators' Official Personnel and Office 
 Expense Account (as the case may be); or
 ``
        (B) funds of any political committee under the 
 Federal Election Campaign Act of 1971 (52 U.S.C. 30101 
 et seq.).''.
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