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170209EndCongressionalStockMarketAbuseActof2017

SIL17125 S.L.C. 1 2 3 4

SIL17125 S.L.C. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2 SEC. 2. PARTICIPATION IN SECURITIES TRANSACTIONS BY PUBLIC OFFICIALS. Section 21A of the Securities Exchange Act of 1934 (15 U.S.C. 78u–1) is amended by adding at the end the following: ‘‘(j) PARTICIPATION IN SECURITIES TRANSACTIONS BY MEMBERS OF CONGRESS.— ‘‘(1) DEFINITIONS.—In this subsection— ‘‘(A) the term ‘covered security’— ‘‘(i) means any security that is regularly traded on a United States or foreign securities exchange; and ‘‘(ii) includes any comparable economic interest acquired through synthetic means such as the use of a derivative or short selling any publicly traded security; ‘‘(B) the term ‘price’— ‘‘(i) means— ‘‘(I) in the case of a purchase, the national best offer, as defined in section 242.600(c) of title 17, Code of Federal Regulations; ‘‘(II) in the case of a sale, the national best bid, as defined in section 242.600(c) of title 17, Code of Federal Regulations; or

SIL17125 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 S.L.C. 3 ‘‘(III) any other value, as determined by the Commission; and ‘‘(ii) does not include any commission or fee paid to a broker or third party; and ‘‘(C) the term ‘United States or foreign securities exchange’ means— ‘‘(i) a national exchange described in section 6; and ‘‘(ii) a designated offshore securities market, as defined in section 230.92 of title 17, Code of Federal Regulations. ‘‘(2) PROHIBITION.— ‘‘(A) IN GENERAL.—Except as provided in subparagraph (B), a Member of Congress may not— ‘‘(i) purchase a covered security for less than the price available on a United States or foreign exchange; or ‘‘(ii) sell a covered security for more than the price available on a United States or foreign exchange. ‘‘(B) EXCEPTION.—Subparagraph (A) shall not apply if a Member of Congress reasonably believes that—

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