(b) CRIMINAL PENALTIES.—Chapter 11 of title 18, 
United States is amended by adding at the end the fol-
lowing: 
‘‘§ 228. Prohibited financial transactions 
‘‘(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— 
‘‘(1) caused an aggregate loss of $1,000,000 or 
more to members of the public; or 
‘‘(2) benefitted financially, through profit, gain, 
or advantage, directly or indirectly through family 
members or business associates, from the sale, pur-
chase, 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 ad-
jacent individual who knowingly violates any provision of 
section 13152 of title 5, and directly or indirectly, cor-
ruptly demands, seeks, receives, accepts, or agrees to re-
ceive or accept anything of value personally or for any 
other person or entity, in return for— 
‘‘(1) being influenced in the performance of any 
official act; 
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‘‘(2) being influenced to commit or aid in com-
mitting, or to collude in, or allow, any fraud, or 
make opportunity for the commission of any fraud, 
on the United States; or 
‘‘(3) 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 indi-
vidual 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 indi-
vidual 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: 
‘‘(1) ADJACENT INDIVIDUAL.—The term ‘adja-
cent individual’ means— 
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‘‘(A) each officer or employee in the execu-
tive branch holding a Senior Executive Service 
position (as defined under 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 determined by the Special Counsel of 
the United States, in consultation with the Di-
rector 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) PROHIBITED FINANCIAL TRANSACTION.— 
‘‘(A) IN GENERAL.—The term ‘prohibited 
financial transaction’ means the issuance, spon-
sorship, or promotion of a covered asset for pe-
cuniary gain. 
‘‘(B) COVERED ASSET.—The term ‘covered 
asset’ means— 
‘‘(i) a security (as such term is de-
fined in section 3(a) of Securities Ex-
change Act of 1934); 
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‘‘(ii) a security future (as such term is 
defined in section 3(a) of Securities Ex-
change Act of 1934); 
‘‘(iii) a commodity (as defined in sec-
tion 1a of the Commodity Exchange Act); 
‘‘(iv) a digital asset which can be sold 
for 
remuneration, 
including 
a 
cryptocurrency, a meme coin, a token, or a 
non-fungible token; or 
‘‘(v) any derivative, option, warrant, 
mutual fund, or exchange-traded fund of 
(i), (ii), (iii), or (iv). 
‘‘(3) COVERED
INDIVIDUAL.—The term ‘cov-
ered 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.’’. 
Æ 
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