S. 2143

119th CONGRESS 1st Session

To amend of title 5, United States Code, to prevent financial exploitation by public office holders, and for other purposes.

IN THE SENATE OF THE UNITED STATES · June 23, 2025 · Sponsor: Mr. Schiff · Committee: Committee on Homeland Security and Governmental Affairs

SUBCHAPTER IV—Financial exploitation by a public office holder

Table of contents

• S. 2143
  • SUBCHAPTER IV—Financial exploitation by a public office holder
  • 13151. Definitions.
  • 13152. Prohibition on certain transactions.
  • 13153. Civil penalties.

13151. Definitions.

In this subchapter:

• The term covered individual means an individual described in section 13103(f).
• The term includes the use of the name and likeness of an individual in any marketing materials relating to a financial interest described in subclauses (I) through (V) of paragraph (4)(A)(i), including in the title of the financial interest. endorsement
• The term immediate family member means, with respect to a covered individual—

13152. Prohibition on certain transactions.

• (a) Prohibition
  • Except as provided in subsection (b), a covered individual, or an immediate family member of a covered individual, may not engage in a prohibited financial transaction—
    • during the term of service of the covered individual;
    • during the 180-day period ending on the date on which the service of the covered individual commences; or
    • during the 2-year period beginning on the date on which the service of the covered individual is terminated.
• (b) Acts affecting a personal financial interest
  • This section shall be supplementary in nature to section 208 of title 18, and 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 relating to a prohibited financial transaction under this section shall be deemed an unofficial act and beyond the scope of the official duties of the relevant covered individual.

13153. Civil penalties.

• (a) Civil action
  • The Attorney General may bring a civil action in any appropriate district court of the United States against any covered individual, or the immediate family member of a covered individual, who violates section 13152(a).
• (b) Civil penalty
  • Any covered individual, or the immediate family member of a covered individual, who knowingly violates section 13152(a) shall be subject to a civil monetary penalty of—
    • not more than $25,000 per violation;
    • 10 percent of the value of the financial interest that is the subject of the prohibited conduct; or
    • the amount of financial gain, if any, that the covered individual benefitted from relating to the prohibited conduct, whichever is greater.
• (c) Disgorgement
  • A covered individual, or the immediate family member of a covered individual, who is found to have violated section 13152(a) in a civil action under subsection (a) of this section shall disgorge to the Treasury of the United States any profit from the prohibited conduct that is the subject of that civil action.