H.R. 1712

119th CONGRESS 1st Session

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

IN THE HOUSE OF REPRESENTATIVES · February 27, 2025 · Sponsor: Mr. Liccardo

Table of contents

• H.R. 1712
  • SEC. 1. Short title
  • SEC. 2. Sense of congress
  • SEC. 3. Prohibited financial transactions

SEC. 1. Short title

• This Act may be cited as the or the .

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
  • of title 5, United States Code, is amended by adding at the end the following: Chapter 131
    • SUBCHAPTER IV—FINANCIAL EXPLOITATION BY A PUBLIC OFFICE HOLDER
    • In this subchapter:
      • The term means— adjacent individual
      • The term means— covered individual
      • The term dependent child has the meaning given the term in section 13101.
    • (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—
        • during the term of service of the covered individual or adjacent individual;
        • during the 180-day period prior to the date on which the service of such covered individual or adjacent individual commenced; or
        • 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 and beyond the scope of official duties. unofficial act,
    • (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.
      • 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
  • of title 18, United States is amended by adding at the end the following: Chapter 11
    • (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—
        • caused an aggregate loss of $1,000,000 or more to members of the public; or
        • 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—
        • being influenced in the performance of any official act;
        • 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
        • 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:
        • The term means— adjacent individual
        • The term means— covered individual
        • The term dependent child has the meaning given the term in section 13101.