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Prohibit Insider Trading Act
12/15/2023, 3:54 PM
Summary of Bill HR 1138
The bill aims to increase transparency and accountability in government by prohibiting individuals with access to confidential information from using that information for personal gain. This includes members of Congress, their staff, and other government officials who may have access to sensitive information that could impact financial markets.
If passed, the Prohibit Insider Trading Act would establish clear guidelines and restrictions on trading based on nonpublic information. It would also require government officials to disclose their financial transactions in a timely manner to ensure that they are not using their positions for personal profit. Overall, the Prohibit Insider Trading Act seeks to uphold ethical standards and integrity in government by preventing insider trading and ensuring that public officials are held accountable for their actions.
Congressional Summary of HR 1138
Prohibiting Insider Trading Act
This bill prohibits Members of Congress (or their spouses) from holding or trading certain investments (e.g., individual stocks and related financial instruments other than diversified investment funds, investments in the federal retirement savings plan, or U.S. Treasury securities).
Generally, the prohibition applies seven days after the first day of a Member's initial term, though for current Members, it applies on the first day of the second session of the 118th Congress. Additionally, the prohibition does not apply to assets held in a qualified blind trust.
Any profit stemming from a prohibited holding or transaction must be disgorged to the Treasury and may subject the Member to a civil fine. Additionally, a loss stemming from a prohibited holding or transaction may not be used as an income tax deduction.
Each Member must submit an annual certification of compliance to the supervising ethics office. The office must publish each certification on a public website and periodically audit Members' compliance with the bill's provisions.





