S. 1620

119 S1620 IS: Modern Emoluments and Malfeasance Enforcement Act
 U.S. Senate
 2025-05-06
 text/xml
 EN
 Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.
  II
  119th CONGRESS
  1st Session
  S. 1620
  IN THE SENATE OF THE UNITED STATES
  May 6, 2025
  Mr. Murphy  introduced the following bill;
  which was read twice and referred to the  Committee on Homeland Security and Governmental
  Affairs
  A BILL
To amend  chapter 131  of title 5, United States Code, with respect to
  prohibited financial transactions, and for other purposes.
1.
Short title
This Act may be cited as the   Modern Emoluments and Malfeasance Enforcement Act   or the   MEME Act  .
2.
Sense of Congress
It is the sense of Congress that—
(1)
federally elected officials must not utilize those positions, granted by the trust of the public, for private financial gain;
(2)
the issuance, sponsorship, or promotion of financial instruments by public office holders deprives the public of the honest services of the public office holders, facilitates bribery by investors or purchasers, and results in public exploitation and corrupt foreign influence; and
(3)
Members of Congress and the executive branch must not seek to use public office to benefit financially, but rather those positions should be held in trust for the benefit of the public in the United States.
3.
Prohibited financial transactions
(a)
Financial exploitation by public office holders
(1)
In general
 Chapter 131  of title 5, United States Code, is amended by adding at the end the following:
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.
  .
(2)
Clerical amendment
The table of sections for  chapter 131  of title 5, United States Code, is amended by adding at the end the following:
SUBCHAPTER IV—Financial exploitation by public office holders
13151. Definitions.
13152. Prohibition on certain transactions.
13153. Civil penalties.
  .
(b)
Criminal penalties
(1)
Prohibited financial transactions
 Chapter 11  of title 18, United States is amended by inserting after section 220 the following:
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,
  shall be
  fined under this title or imprisoned for not more than 5 years,
  or both.
(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,
  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.
(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.
  .
(2)
Clerical amendment
The table of sections for  chapter 11  of title 18, United States Code, is amended by inserting after the item relating to  section 220  the following:
221. Prohibited financial transactions.
  .