Modern Emoluments and Malfeasance Enforcement Act

“IV Financial exploitation by public office holders

“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 in 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 in the executive branch determined by the Office of the Special Counsel, 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) Covered asset—The term “covered asset” means—

“(A) a security (as defined in section 3(a) of Securities Exchange Act of 1934 (15 U.S.C. 78c(a)));

“(B) a security future (as defined in section 3(a) of Securities Exchange Act of 1934 (15 U.S.C. 78c(a)));

“(C) a commodity (as defined in section 1a of the Commodity Exchange Act (7 U.S.C. 1a));

“(D) a digital asset that can be sold for remuneration, including a cryptocurrency, a meme coin, a token, or a non-fungible token; or

“(E) any derivative, option, warrant, mutual fund, or exchange-traded fund of an asset described in subparagraphs (A) through (D).

“(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.

“(5) Prohibited financial transaction—The term “prohibited financial transaction” means the issuance, sponsorship, or promotion of a covered asset for pecuniary gain.

“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 ending on the date on which the service of the covered individual or adjacent individual commences; or

“(3) during the 180-day period beginning on the date on which the service of the 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 the official duties of the relevant covered individual or adjacent 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 adjacent individual who violates section 13152(a).

“(b) Civil penalty—Any covered individual or adjacent individual who knowingly violates section 13152(a) shall be subject to a civil monetary penalty of not more than $250,000.

“(c) Disgorgement—A covered individual or an adjacent 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 unlawful activity that is the subject of that civil action.”

“221. Prohibited financial transactions

“(a) 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 in section 3132(a)(2) of title 5);

“(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 in the executive branch determined by the Office of the Special Counsel, 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) Covered asset—The term “covered asset” means—

“(A) a security (as defined in section 3(a) of Securities Exchange Act of 1934 (15 U.S.C. 78c(a)));

“(B) a security future (as defined in section 3(a) of Securities Exchange Act of 1934 (15 U.S.C. 78c(a)));

“(C) a commodity (as defined in section 1a of the Commodity Exchange Act (7 U.S.C. 1a));

“(D) a digital asset that can be sold for remuneration, including a cryptocurrency, a meme coin, a token, or a non-fungible token; or

“(E) any derivative, option, warrant, mutual fund, or exchange-traded fund of an asset described in subparagraphs (A) through (D).

“(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)); 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 of title 5.

“(5) Prohibited financial transaction—The term “prohibited financial transaction” means the issuance, sponsorship, or promotion of a covered asset for pecuniary gain.

“(b) Benefit from prohibited financial transaction—Any covered individual or adjacent individual who—

“(1) knowingly violates any provision of section 13152(a) of title 5; and

“(2) through such violation—

“(A) causes an aggregate loss of not less than $1,000,000 to 1 or more persons in the United States; or

“(B) benefits financially, through profit, gain, or advantage, directly or indirectly through any family member or business associate of the covered individual or adjacent individual, from the sale, purchase, or distribution of the covered asset issued in violation of section 13152(a) of title 5,

“(c) Bribery—Any covered individual or adjacent individual who—

“(1) knowingly violates any provision of section 13152(a) of title 5; and

“(2) directly or indirectly, corruptly demands, seeks, receives, accepts, or agrees to receive or accept any thing of value personally or for any other person or entity, in return for—

“(A) being influenced in the performance of any official act;

“(B) 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

“(C) being induced to do or omit to do any act in violation of the official duty of such official or person,

“(d) Insider trading—Any covered individual or adjacent individual who knowingly violates section 13152(a) of title 5 and, in committing such violation, knowingly violates section 10(b) of the Securities Exchange Act of 1934 (15 U.S.C. 78j(b)), shall be fined under this title or not more than 3 times the amount of financial gain, if any, that the individual benefitted from relating to the prohibited conduct, whichever is greater, or imprisoned for not more than 15 years, or both, and may be disqualified from holding any office of honor, trust, or profit under the United States.

“(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 the official duties of the relevant covered individual or adjacent individual.”