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HR 4036
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No Shorting America Act

To amend title 5, United States Code, to prohibit the short sale of certain financial investments by Members of Congress and their spouses and dependents, and for other purposes.

Introduced Jun 17, 2025

Latest action (Jun 17, 2025) Referred to the House Committee on House Administration.

Policy area
Issues
Economy & Taxes

Summary

This bill prohibits Members of Congress, their spouses, and their dependents from engaging in short sales of securities, commodities, derivatives, and other covered financial instruments traded on national stock exchanges. Violators cannot claim tax deductions for losses resulting from prohibited short sales. The bill requires Members of Congress to submit compliance pledges to their supervising ethics offices and authorizes these offices to issue and publicly publish certificates of compliance. The Attorney General may pursue civil enforcement actions against violators, with penalties up to $50,000, and such penalties cannot be paid using official allowances or political committee funds.

AI-generated plain-language summary of the bill text — neutral, and may be imperfect. See the full text below for the exact wording.

Sponsor (1)

Money behind the sponsor

Top reported contributors to Thomas H. Kean’s campaign committee (2024 cycle) — who funds the bill’s sponsor, not a claim about this bill. Data from FEC.

  • NULL $19,727
  • VETERANS GUARDIAN $13,200
  • ULINE $13,200
  • BRODIE GENERATIONAL CAPITAL PARTNERS, $13,200
  • TC SERVICES $13,200

Organizations whose employees gave the most — itemized individual contributions grouped by the donor’s reported employer (FEC Schedule A). Full finance for Thomas H. Kean → · Outside spending →

Actions (2)

  1. Jun 17, 2025 Referred to the House Committee on House Administration. · house
  2. Jun 17, 2025 Introduced in House

Similar bills (6)

Bills with similar text or summary — includes reintroductions across Congresses. Ranked by semantic similarity of the bill text (computed locally); a neutral discovery aid, not a claim the bills are duplicates.

Text versions (1)

  • Introduced in House · Jun 17, 2025

Only one text version is on file, so there’s no earlier version to compare against yet.

Full text

IN THE HOUSE OF REPRESENTATIVES

June 17, 2025

Mr. Kean (for himself and Ms. Craig) introduced the following bill; which was referred to the Committee on House Administration

A BILL

To amend title 5, United States Code, to prohibit the short sale of certain financial investments by Members of Congress and their spouses and dependents, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

This Act may be cited as the “No Shorting America Act”.

SEC. 2. PROHIBITION OF CONGRESSIONAL SHORT SELLING OF FINANCIAL INVESTMENTS.

Chapter 131 of title 5, United States Code, is amended by adding at the end the following (and by conforming the table of contents for such chapter accordingly):

“SUBCHAPTER IV—PROHIBITION ON CONGRESSIONAL SHORT SELLING

“Sec. 13151. Definitions “In this subchapter:

“(1) Covered financial instrument.—The term ‘covered financial instrument’ means—

“(A) any investment in—

“(i) a security (as defined in section 3(a) of the Securities Exchange Act of 1934 (15 U.S.C. 78c(a)));

“(ii) a security future (as defined in section 3(a) of the Securities Exchange Act of 1934 (15 U.S.C. 78c(a))); or

“(iii) a commodity (as defined in section 1a of the Commodity Exchange Act (7 U.S.C. 1a)); and

“(B) any economic interest comparable to an interest described in subclause (I) that is acquired through synthetic means, such as the use of a derivative, including an option, warrant, or other similar means.

“(2) Covered individual.—The term ‘covered individual’ means any of the following:

“(A) A Member of Congress.

“(B) The spouse of a Member of Congress.

“(C) The dependent of a Member of Congress.

“(3) Dependent.—The term ‘dependent’ has the meaning given that term in section 13101.

“(4) Member of congress.—The term ‘Member of Congress’ has the meaning given that term in section 13101.

“(5) Short sale.—The term ‘short sale’ has the meaning given that term in section 242.200 of title 17, Code of Federal Regulations (or any successor regulation).

“(6) Supervising ethics office.—The term ‘supervising ethics office’ has the meaning given that term in section 13101. “Sec. 13152. Limitation on short sale

“(a) In General.—No covered individual may engage in a short sale of any covered financial instrument issued by any business entity that is listed on a national stock exchange.

“(b) Income Tax.—A loss from a short sale involving a covered financial instrument that is conducted in violation of this section may not be deducted from the amount of income tax owed by the covered individual.

“(c) Proof of Compliance.—

“(1) Submission.—A Member of Congress shall submit to the supervising ethics office a pledge of compliance with the requirements of this subchapter, and shall produce, upon request of the supervising ethics office, material or information determined by the supervising ethics committee to be necessary to indicate compliance with the provisions of this subchapter.

“(2) Certificate.—The supervising ethics office shall provide each Member of Congress in compliance with the provisions of this chapter with a certificate of compliance.

“(3) Publication.—The supervising ethics office shall make available, on a publicly accessible website, all certificates issued under this subsection. “Sec. 13153. Enforcement

“(a) Referral.—The supervising ethics office shall refer to the Attorney General the name of any covered individual who such office has reasonable cause to believe has willfully failed to comply with the requirements of section 13152.

“(b) Penalty.—

“(1) In general.—The Attorney General may bring a civil action in any appropriate United States district court against any covered individual who knowingly and willfully fails to comply with section 13152. The court in which such action is brought may assess against such individual a civil penalty in any amount, not to exceed $50,000.

“(2) Limitation.—A covered individual may not pay any penalty resulting from a civil action under paragraph (1) using—

“(A) funds from a Members’ Representational Allowance or Senators’ Official Personnel and Office Expense Account (as the case may be); or

“(B) funds of any political committee under the Federal Election Campaign Act of 1971 (52 U.S.C. 30101 et seq.).”. <all>

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