[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 5221 Placed on Calendar Senate (PCS)]

<DOC>





                                                       Calendar No. 536
119th CONGRESS
  2d Session
                                S. 5221

 To prohibit the purchase, sale, or exchange of nonpublic information, 
                        and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             August 3, 2026

 Mr. Padilla (for himself, Mr. Blumenthal, Mr. Whitehouse, Mr. Peters, 
  and Mr. Merkley) introduced the following bill; which was read the 
                               first time

                             August 4, 2026

            Read the second time and placed on the calendar

_______________________________________________________________________

                                 A BILL


 
 To prohibit the purchase, sale, or exchange of nonpublic information, 
                        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 ``Stop Corrupt Trading Act''.

SEC. 2. MISUSE OF NONPUBLIC INFORMATION.

    (a) In General.--Chapter 11 of title 18, United States Code, is 
amended by adding at the end the following:
``Sec. 228. Misuse of nonpublic information
    ``(a) Definitions.--In this section:
            ``(1) Covered entity.--The term `covered entity' means a 
        firm, partnership, association, corporation, or other entity--
                    ``(A) which a covered person or a member of the 
                immediate family of a covered person controls, directly 
                or indirectly; or
                    ``(B) in which a covered person beneficially owns a 
                financial interest in the entity comprising not less 
                than 5 percent of the equity, profits, or revenue 
                interests of the entity.
            ``(2) Covered person.--The term `covered person' means the 
        President or Vice President.
            ``(3) Nonpublic information.--The term `nonpublic 
        information'--
                    ``(A) means information that a covered person gains 
                as a result of the covered person's official position 
                and that the covered person knows or reasonably should 
                know has not been made available to the general public, 
                including information that the covered person knows or 
                reasonably should know--
                            ``(i) is routinely exempt from disclosure 
                        under section 552 of title 5 or otherwise 
                        protected from disclosure by statute, Executive 
                        order, or regulation;
                            ``(ii) is designated as confidential; or
                            ``(iii) has not been disseminated to the 
                        general public and is not authorized to be made 
                        available to the public on request; and
                    ``(B) includes statements or other communications 
                by a covered person made available via application 
                programming interface or other means that are not made 
                available to the general public on equal terms.
    ``(b) Misuse of Nonpublic Information.--
            ``(1) Sale by covered persons and entities.--No covered 
        person or covered entity may enter into a transaction to sell 
        or exchange nonpublic information for financial benefit.
            ``(2) Purchase or sale by other persons.--No person may 
        enter into a transaction to acquire, purchase, sell, or 
        exchange nonpublic information for financial benefit.
    ``(c) Criminal Penalties and Forfeiture.--
            ``(1) Penalty.--The punishment for an offense under 
        subsection (b) shall be--
                    ``(A) for an offense under subparagraph (A), a fine 
                not more than double the value of the transaction, to 
                be deposited in the Treasury or imprisonment for not 
                more than 5 years, or both; and
                    ``(B) for an offense under subparagraph (B), a fine 
                not more than double the value of the transaction, to 
                be deposited in the Treasury.
            ``(2) Criminal forfeiture.--The court, in imposing a 
        sentence on a person convicted of an offense under subsection 
        (b), shall order that the person forfeit to the United States 
        any property, real or personal, constituting or derived from 
        proceeds obtained, directly or indirectly, as a result of the 
        offense.
    ``(d) Civil Enforcement; Disgorgement.--
            ``(1) Civil action.--The Attorney General may bring a civil 
        action in an appropriate district court of the United States 
        against any person or entity that engages in conduct 
        constituting a violation of subsection (b) (without regard to 
        whether a criminal prosecution has been brought), for--
                    ``(A) disgorgement to the United States of all 
                profits, payments, and other things of value derived 
                from the conduct;
                    ``(B) a civil penalty of not more than the greater 
                of $250,000 or 3 times the amount of the gain derived 
                from, or the payment made in, the conduct, for each 
                violation; and
                    ``(C) appropriate equitable relief, including an 
                injunction and a constructive trust for the benefit of 
                the United States over property traceable to the 
                conduct.
            ``(2) Standard of proof.--In an action under this 
        subsection, the standard of proof shall be a preponderance of 
        the evidence.
            ``(3) Statute of limitations; tolling.--An action under 
        this subsection shall be commenced not later than 6 years after 
        the date on which the conduct occurred, except that such period 
        shall be tolled during any period in which the defendant, or 
        the covered person from whose position the nonpublic 
        information concerned was derived, holds the office of 
        President or Vice President.
            ``(4) Liability of counterparties and entities.--A covered 
        entity, and any person that knowingly provides anything of 
        value in a transaction described in subsection (b) shall be 
        jointly and severally liable for the remedies described in 
        paragraph (1) with respect to that transaction.
            ``(5) Referral.--The Director of the Office of Government 
        Ethics shall refer to the Attorney General any credible 
        evidence of conduct described in paragraph (1), and shall 
        notify the Committee on the Judiciary of the Senate and the 
        Committee on the Judiciary of the House of Representatives of 
        each referral.''.
    (b) Clerical Amendment.--The table of sections for chapter 11 of 
title 18, United States Code, is amended by adding at the end the 
following:

``228. Misuse of nonpublic information.''.
                                                       Calendar No. 536

119th CONGRESS

  2d Session

                                S. 5221

_______________________________________________________________________

                                 A BILL

 To prohibit the purchase, sale, or exchange of nonpublic information, 
                        and for other purposes.

_______________________________________________________________________

                             August 4, 2026

            Read the second time and placed on the calendar