Text of Senate Amendment 4681

Text of Senate Amendment 4681

Congressional Record, Volume 172 Issue 50 (Thursday, March 19, 2026) [Congressional Record Volume 172, Number 50 (Thursday, March 19, 2026)] [Senate] [Pages S1389-S1390] From the Congressional Record Online through the Government Publishing Office [ www.gpo.gov ] SA 4681. Mr. MERKLEY submitted an amendment intended to be proposed by him to the bill S. 1383, to establish the Veterans Advisory Committee on Equal Access, and for other purposes; which was ordered to lie on the table; as follows: Strike all after the enacting clause and insert the following: SECTION 1. SHORT TITLE. This Act may be cited as the ``End Crypto Corruption Act of 2026''. SEC. 2. PROHIBITED FINANCIAL TRANSACTIONS. (a) In General.--Chapter 131 of title 5, United States Code, is amended by adding at the end the following: ``SUBCHAPTER IV--PROHIBITED FINANCIAL TRANSACTIONS ``Sec. 13151. Definitions ``In this subchapter: ``(1) Covered individual.--The term `covered individual' means-- ``(A) the President; ``(B) the Vice President; ``(C) a Member of Congress; ``(D) an individual appointed to a Senate-confirmed position; or ``(E) a special Government employee (as defined in section 202 of title 18) associated with the Executive Office of the President. ``(2) Dependent child; member of congress.--The terms `dependent child' and `Member of Congress' have the meanings given those terms in section 13101. ``(3) Directly.--The term `directly' means by virtue of the ownership or beneficial interest of a covered individual, or the spouse or dependent child of a covered individual, in a financial interest described in paragraph (5)(A). ``(4) Indirectly.--The term `indirectly' means by virtue of the financial interest of a covered individual, or the spouse or dependent child of a covered individual, in a business entity, partnership interest, company, investment fund, trust, or other third party in which the covered individual, or the spouse or dependent child of a covered individual, has an ownership or beneficial interest. ``(5) Prohibited financial transaction.-- ``(A) In general.--The term `prohibited financial transaction' means-- ``(i) any issuance, sponsorship, or endorsement of a cryptocurrency, meme coin, token, non-fungible token, stablecoin, or other digital asset that is sold for remuneration; ``(ii) any financial interest comparable to an interest described in clause (i) that is acquired through synthetic means, such as the use of a derivative, including an option, warrant, or other similar means; or ``(iii) any financial interest comparable to an interest described in clause (i) that is acquired as part of an aggregation or compilation of such interests through a mutual fund, exchange-traded fund, or other similar means. ``(B) Exclusions.--The term `prohibited financial transaction' does not include the mere purchase, sale, holding, or other conduct relating to financial instruments or assets routinely accessible to any member of the public. ``(6) Senate-confirmed position.--The term `Senate- confirmed position' means a position in a department or agency of the executive branch of the United States for which appointment is required to be made by the President, by and with the advice and consent of the Senate. [[Page S1390]] ``Sec. 13152. Prohibition on certain transactions ``(a) Prohibition.--Except as provided in subsection (b), a covered individual, or the spouse or dependent child of a covered individual, may not engage directly or indirectly in a prohibited financial transaction-- ``(1) during the term of service of the covered individual; or ``(2) during the 1-year period beginning on the date on which the service of the covered individual is terminated. ``(b) Liability and Immunity.--For purposes of any immunities to civil liability, any conduct relating to a prohibited financial transaction under this section shall be deemed an unofficial act and beyond the scope of the official duties of the relevant covered individual. ``Sec. 13153. Civil penalties ``(a) Civil Action.--The Attorney General may bring a civil action in any appropriate district court of the United States against any covered individual who violates section 13152(a). ``(b) Civil Penalty.--Any covered individual who knowingly violates section 13152(a) shall be subject to a civil monetary penalty equal to not more than 10 percent of the value of the financial interest that is the subject of the prohibited conduct, or the amount of financial gain, if any, that the covered individual benefitted from relating to the prohibited conduct, whichever is greater. ``(c) Disgorgement.--A covered individual who is found to have violated section 13152(a) in a civil action under subsection (a) shall disgorge to the Treasury of the United States any profit from the prohibited conduct that is the subject of that civil action.''. (b) Clerical Amendment.--The table of sections for chapter 131 of title 5, United States Code, is amended by adding at the end the following: ``subchapter iv--prohibited financial transactions ``13151. Definitions. ``13152. Prohibition on certain transactions. ``13153. Civil penalties.''. SEC. 3. CRIMINAL PENALTIES RELATING TO PROHIBITED FINANCIAL TRANSACTIONS. (a) In General.--Chapter 11 of title 18, United States Code, is amended by adding at the end the following: ``Sec. 227A. Prohibited financial transactions ``(a) Definitions.--In this section: ``(1) Covered individual.--The term `covered individual' means-- ``(A) the President; ``(B) the Vice President; ``(C) a Member of Congress; ``(D) an individual appointed to a Senate-confirmed position; or ``(E) a special Government employee (as defined in section 202) associated with the Executive Office of the President. ``(2) Member of congress.--The term `Member of Congress' has the meaning given that term in section 13101 of title 5. ``(3) Prohibited financial transaction.-- ``(A) In general.--The term `prohibited financial transaction' means-- ``(i) any issuance, sponsorship, or endorsement of a cryptocurrency, meme coin, token, non-fungible token, stablecoin, or other digital asset that is sold for remuneration; or ``(ii) any financial interest comparable to an interest described in clause (i) that is acquired through synthetic means, such as the use of a derivative, including an option, warrant, or other similar means. ``(B) Exclusions.--The term `prohibited financial transaction' does not include the mere purchase, sale, holding, or other conduct relating to financial instruments or assets routinely accessible to any member of the public. ``(4) Senate-confirmed position.--The term `Senate- confirmed position' means a position in a department or agency of the executive branch of the United States for which appointment is required to be made by the President, by and with the advice and consent of the Senate. ``(b) Benefitting From Prohibited Financial Transaction.-- Any covered individual who-- ``(1) knowingly violates any provision of section 13152(a) of title 5; and ``(2) through such violation-- ``(A) causes an aggregate loss of not less than $1,000,000 to 1 or more persons in the United States; or ``(B) benefits financially, through profit, gain, or advantage, directly or indirectly through any family member or business associate of the covered individual, from the sale, purchase, or distribution of the financial interest described in subsection (a)(3)(A)(i) issued, sponsored, or endorsed in violation of section 13152(a) of title 5, shall be fined under this title, imprisoned for not more than 5 years, or both. ``(c) Bribery.--Any covered individual who-- ``(1) knowingly violates any provision of section 13152(a) of title 5; and ``(2) directly or indirectly, corruptly demands, seeks, receives, accepts, or agrees to receive or accept any thing of value personally or for any other person or entity, in return for-- ``(A) being influenced in the performance of any official act; ``(B) being influenced to commit or aid in committing, or to collude in, or allow, any fraud, or make opportunity for the commission of any fraud, on the United States; or ``(C) being induced to do or omit to do any act in violation of the official duty of such official or person, shall be fined under this title or not more than 2 times the monetary equivalent of the thing of value, whichever is greater, or imprisoned for not more than 5 years, or both, and may be disqualified from holding any office of honor, trust, or profit under the United States. ``(d) Intent.--To incur criminal liability under this section, it shall not be required that a covered individual intended to create a financial interest described in subsection (a)(3)(A)(i) through the issuance, sponsorship or endorsement of the financial interest described in subsection (a)(3)(A)(i). ``(e) Liability and Immunity.--For purposes of any immunities to civil and criminal liability, any conduct relating to a prohibited financial transaction under this section shall be deemed an unofficial act and beyond the scope of official duties of the relevant covered individual.''. (b) Clerical Amendment.--The table of sections for chapter 11 of title 18, United States Code, is amended by inserting after the item relating to section 227 the following: ``227A. Prohibited financial transactions.''. ______