Us Congress 2023-2024 Regular Session

Us Congress Senate Bill SB439

Introduced
2/15/23  

Caption

Preventing Elected Leaders from Owning Securities and Investments (PELOSI) Act

Impact

If enacted, SB439 would amend Chapter 131 of Title 5 of the United States Code, establishing stringent regulations on the financial activities of lawmakers. By effectively banning insider trading among Congress members, the bill seeks to enhance the ethical standards and accountability of elected officials. Members would need to disclose any holdings in covered financial instruments and could face civil penalties, including fines and the requirement to disgorge profits gained through prohibited transactions. This legislation aims to restore public confidence that lawmakers are acting in the interest of their constituents rather than personal financial gain.

Summary

SB439, titled the Preventing Elected Leaders from Owning Securities and Investments (PELOSI) Act, aims to prohibit Members of Congress and their spouses from holding, purchasing, or selling covered financial instruments during their term of service. Covered financial instruments include securities, securities futures, and commodities, as well as comparable economic interests acquired through synthetic means such as derivatives. The bill specifically excludes diversified mutual funds, exchange-traded funds, U.S. Treasury securities, and compensation from primary occupations of a Member's spouse or dependent.

Contention

Discussions around SB439 are likely to center on the balance between the legal and ethical obligations of elected officials versus their rights to manage personal wealth. Critics may argue that the bill overly restricts the financial freedoms of Congress members, while proponents view it as a crucial step towards eliminating conflicts of interest in government. Furthermore, the effectiveness of enforcement measures and the scope of compliance, including the role of supervising ethics committees in monitoring and adjudicating violations, will be key points in legislative debates.

Companion Bills

US SB58

Related Preventing Elected Leaders from Owning Securities and Investments (PELOSI) 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 or U.S. Treasury securities). The prohibition does not apply to assets held in a qualified blind trust or to sales by a Member to come into compliance with the bill's requirements. Specifically, the bill allows for sales by current Members during the 180 days following the bill's enactment and for sales by future Members during the 180 days following the commencement of their service. Any profit made in violation of the prohibition 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, and the Government Accountability Office must audit Members' compliance with the bill's provisions.

Similar Bills

No similar bills found.