,i #aaith ,,congress #ast ,session ,h4 ,r4 #aijh ,,in ,,the ,,house ,,of ,,representatives ,march #f1 #bjbe,mr4 ,burchett introduced the following bill2 which was referred to the ,committee on ,financial ,services1 and in addition to the ,committees on ,agriculture1 ,house ,administration1 and ,ways and ,means1 for a period to be subsequently determined by the ,speaker1 in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned ,a ,,bill ,to prohibit stock trading and ownership by ,members of ,congress and their spouses and dependent children1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,end ,congressional ,stock ,trading ,act4 #b4 ,bar on stock trading and ownership by ,members of ,congress and their spouses and dependent children 7a7 ,definitions ,in this section3 7#a7 ,commodity ,the term commodity has the meaning given that term in section #a;a of the ,commodity ,exchange ,act 7#g ,u4,s4,c4 #a;a74 7#b7 ,dependent child ,the term dependent child has the meaning given that term in section #acaja of title #e1 ,united ,states ,code4 7#c7 ,diversified ,the term diversified1 with respect to an investment fund1 means that the investment fund does not have a stated policy of overly concentrating its investments4 7#d7 ,member of ,congress ,the term ,member of ,congress has the meaning given that term in section #acaja of title #e1 ,united ,states ,code4 7#e7 ,security ,the term security has the meaning given that term in section #c7;a7 of ,securities ,exchange ,act of #aicd 7#ae ,u4,s4,c4 #gh;c7a774 7#f7 ,small business concern ,the term small business concern has the meaning given that term under section #c of the ,small ,business ,act 7#ae ,u4,s4,c4 #fcb74 7#g7 ,widely held investment fund ,the term widely held investment fund means a widely held investment fund described in #acajd7;f77#h7 of title #e1 ,united ,states ,code4 7b7 ,divestment 7#a7 ,in general ,a ,member of ,congress or a spouse or dependent child of a ,member of ,congress may not own an interest in or trade 7except as a divestment7 any stock1 bond1 commodity1 future1 or other form of security1 including an interest in a hedge fund1 a derivative1 option1 or other complex investment vehicle4 7#b7 ,implementation 7,a7 ,current ,members 7i7 ,in general ,except as provided in clause 7ii71 an individual who is a ,member of ,congress or a spouse or dependent child of a ,member of ,congress on the date of enactment of this ,act shall complete the divestment of any asset described in paragraph 7#a7 by not later than #ahj days after the date of enactment of this ,act4 7ii7 ,certain assets ,for an asset described in paragraph 7#a7 that is an interest in a hedge fund1 venture capital fund1 or other privately held complex investment vehicle1 an individual who is a ,member of ,congress or a spouse or dependent child of a ,member of ,congress on the date of enactment of this ,act shall complete the divestment of the asset by not later than #e years after the date of enactment of this ,act4 7,b7 ,new ,members 7i7 ,in general ,except as provided in clause 7ii71 an individual who becomes a ,member of ,congress or a spouse or dependent child of a ,member of ,congress after the date of enactment of this ,act shall complete the divestment of any asset described in paragraph 7#a7 by not later than #ij days after the date on which the individual becomes a ,member of ,congress or a spouse or dependent child of a ,member of ,congress4 7ii7 ,certain assets ,for an asset described in paragraph 7#a7 that is an interest in a hedge fund1 venture capital fund1 or other privately held complex investment vehicle1 an individual who becomes a ,member of ,congress or a spouse or dependent child of a ,member of ,congress after the date of enactment of this ,act shall complete the divestment of the asset by not later than #e years after the date on which the individual becomes a ,member of ,congress or a spouse or dependent child of a ,member of ,congress4 7,c7 ,divestment of assets received while a ,member ,an individual serving as a ,member of ,congress or a spouse or dependent child of an individual serving as a ,member of ,congress who receives any asset described in paragraph 7#a7 during the period of such service1 such as from an inheritance1 shall complete the divestment of the asset by not later than #ahj days after the date on which the individual receives the asset4 7c7 ,exceptions ,nothing in this section shall be construed to prevent-- 7#a7 a ,member of ,congress or a spouse or dependent child of a ,member of ,congress from owning or trading-- 7,a7 a widely held investment fund1 if the widely held investment fund-- 7i7 does not present a conflict of interest2 and 7ii7 is diversified2 7,b7 shares of ,settlement ,common ,stock issued under section #g7;g77#a77;,a7 of the ,alaska ,native ,claims ,settlement ,act 7#dc ,u4,s4,c4 #afjf7;g77#a77;,a772 7,c7 shares of ,settlement ,common ,stock1 as defined in section #c of the ,alaska ,native ,claims ,settlement ,act 7#dc ,u4,s4,c4 #afjb72 7,d7 a ,united ,states ,treasury bill1 note1 or bond2 7,e7 an investment fund held in a ,federal1 ,state1 or local government employee retirement plan2 7,f7 an interest in a small business concern1 if the small business concern does not present a conflict of interest2 or 7,g7 any asset described in subsection 7b77#a7 received as compensation from the primary occupation of the spouse2 or 7#b7 a spouse or dependent child of a ,member of ,congress from trading any asset described in subsection 7b77#a7 that is not owned by the spouse or ,member of ,congress in the course of performing the primary occupation of the spouse4 7d7 ,civil fines ,the ,attorney ,general or the ,special ,counsel may bring a civil action in the appropriate ,united ,states district court against any ,member of ,congress or spouse or dependent child of a ,member of ,congress who engages in conduct constituting a violation of this section and1 upon proof of such conduct by a preponderance of the evidence1 such ,member of ,congress or spouse or dependent child of such ,member of ,congress shall be subject to a civil penalty of not more than #ajj1jjj for each violation4 ,the imposition of a civil penalty under this subsection does not preclude any other criminal or civil statutory1 common law1 or administrative remedy1 which is available by law to the ,united ,states or any other person4 7e7 ,nonrecognition of gain 7#a7 ,in general ,paragraph 7#a7 of section #ajdc7;b7 of the ,internal ,revenue ,code of #aihf is amended-- 7,a7 by striking and at the end of subparagraph 7,a72 7,b7 by redesignating subparagraph 7,b7 as subparagraph 7,c72 7,c7 by inserting after subparagraph 7,a7 the following new subparagraph3 7,b7 any ,member of ,congress or any spouse or dependent child of a ,member of ,congress1 but only with respect to a divestment of property required by the ,end ,congressional ,stock ,trading ,act and only if1 not later than #fj days after the divestment of such property1 the individual uses the proceeds of the divestment to obtain property which the individual is authorized to own or trade under section #b7;c77#a7 of such ,act1 and 2 and 7,d7 by striking subparagraph 7,a7 in subparagraph 7,c71 as so redesignated1 and inserting subparagraph 7,a7 or 7,b71 whichever is applicable4 7#b7 ,certificate of divestiture ,subparagraph 7,b7 of section #ajdc7;b77#b7 of such ,code is amended-- 7,a7 by striking or by and inserting by2 and 7,b7 by inserting 1 or by the applicable congressional ethics committee1 as defined in section #acaja of title #e1 ,united ,states ,code1 in the case of ,members of ,congress and spouses and dependent children of ,members of ,congress1 after judicial officers4 7#c7 ,no effect on subsequent sale of property ,nothing in the amendments made by this subsection shall be construed to provide for the nonrecognition of gain with respect to the sale of property obtained by a ,member of ,congress or any spouse or dependent child of a ,member of ,congress with the proceeds of a divestment required by this ,act1 as described in section #ajdc7;b77#a77;,b7 of the ,internal ,revenue ,code of #aihf 7as added by this subsection74 7#d7 ,effective date ,the amendments made by this subsection shall apply to sales of property after the date of the enactment of this ,act4 7f7 ,interpretive guidance ,the ,select ,committee on ,ethics of the ,senate and the ,committee on ,ethics of the ,house of ,representatives shall issue interpretive guidance regarding relevant terms not defined in this ,act or elsewhere in statute4