[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2383 Introduced in House (IH)]
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118th CONGRESS
1st Session
H. R. 2383
To prohibit Federal officers and employees from engaging in any
financial trading activity while on Federal Government property, and
for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
March 29, 2023
Ms. Mace (for herself and Ms. Craig) introduced the following bill;
which was referred to the Committee on Oversight and Accountability,
and in addition to the Committee on House Administration, for a period
to be subsequently determined by the Speaker, in each case for
consideration of such provisions as fall within the jurisdiction of the
committee concerned
_______________________________________________________________________
A BILL
To prohibit Federal officers and employees from engaging in any
financial trading activity while on Federal Government property, 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 ``Prohibition of Financial Trading on
Government Property Act''.
SEC. 2. PROHIBITION ON FINANCIAL TRADING ACTIVITY WHILE ON GOVERNMENT
PROPERTY OR USING GOVERNMENT RESOURCES.
(a) Prohibition.--A Federal employee may not--
(1) conduct, participate in, or otherwise carry out any
financial trading activity while on Federal property; or
(2) use any Government-issued devices or resources,
including computers, internet access, telephones, or other
electronic devices, for the purpose of conducting,
participating in, or otherwise carrying out any financial
trading activity.
(b) Exceptions.--
(1) In general.--Subsection (a) shall not apply to--
(A) any Federal employee if such employee's
official duties involve financial trading activity, as
determined by the head of the employing agency; and
(B) a Federal employee's engagement in financial
trading activity is directly related to their account
under the Thrift Savings Plan.
(2) President; vice president.--Subsection (a)(2) shall not
apply to the President or the Vice President.
(c) Penalties.--
(1) Penalty.--
(A) An individual who violates this section shall
be fined not more than the value of the financial
trading activity, or $1,000, whichever is greater.
(B) An individual who knowingly violates this
section shall be fined not more than $5,000, imprisoned
not more than 3 years, or both.
(2) Personnel action.--Any individual found to be in
violation of this Act shall be subject to disciplinary action
up to and including removal, as determined by the head of the
employing agency.
(d) Reporting.--
(1) In general.--Each employing agency shall report any
violation of this Act to the supervising ethics office within
30 days after determining that the violation has occurred.
(2) Compliance.--The supervising ethics office shall have
the authority to conduct investigations and audits to ensure
compliance with this Act.
(e) Regulations.--Each supervising ethics office shall issue
regulations to implement this Act, including guidelines for determining
what constitutes a violation of the Act, procedures for reporting
violations, and penalties under subsection (c)(1).
(f) Definitions.--In this Act--
(1) the term ``Federal employee''--
(A) means--
(i) the President;
(ii) a Member of Congress (as that term is
defined in section 2106 of title 5, United
States Code);
(iii) an employee (as that term is defined
under section 2105 of such title);
(iv) an employee of the United States
Postal Service or Postal Regulatory Commission;
and
(v) notwithstanding section 7425(b) of
title 38, United States Code, an employee
appointed under chapter 73 or 74 of such title
38; and
(B) does not include--
(i) any member of the uniformed services
(as that term is defined in section 2101 of
title 5, United States Code); or
(ii) the Chief Justice of the United States
or any associate justice of the Supreme Court
of the United States;
(2) the term ``Federal property'' means any building, land,
or other real property owned, leased, or occupied by any
department, agency, or instrumentality of the United States
Government, but does not include any--
(A) national park (but not including the White
House and President's Park);
(B) facility of the United States Postal Service;
(C) Indian Reservation (as that term is defined in
section 3 of the Indian Financing Act of 1974);
(D) real property or facility owned by the United
States Government located outside the United States and
its territories; or
(E) Border Inspection Facilities;
(3) the term ``financial trading activity'' means the
buying or selling of any stock, bond, commodity, future,
cryptocurrency or other digital asset, or other form of
security, including an interest in a hedge fund, a derivative,
option, or other complex investment vehicle; and
(4) the term ``supervising ethics office'' has the meaning
given that term in section 13101 of title 5, United States
Code.
(g) Effective Date.--This Act shall begin to take effect 90 days
after the date of enactment of this Act.
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