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HR 3314119th CongressIntroduced

Stop Presidential Profiteering from Digital Assets Act

Introduced: May 8, 2025
Financial ServicesTechnology & Innovation
Standard Summary
Comprehensive overview in 1-2 paragraphs

The Stop Presidential Profiteering from Digital Assets Act prohibits anyone from issuing, promoting, marketing, or selling a digital asset that uses the name, image, likeness, signature, slogans, or other personally distinguishing traits of certain federal officials or their immediate family for financial gain. It covers the President, Vice President, Members of Congress, any federal officer or official confirmed by the Senate, and their immediate family. The bill creates a presumption that such actions violate the law, even if the official endorses or consents to the asset. The Securities and Exchange Commission (SEC) would have exclusive enforcement authority, and penalties include civil fines up to $250,000 per violation or an amount equal to the asset’s gross financial gain, whichever is greater, plus the possibility of injunctive relief to halt distribution. The SEC must issue implementing regulations within 180 days of enactment. In short, the bill aims to curb profiteering by banning digital assets that exploit federal officials’ identities for profit and empowers the SEC to regulate and enforce the prohibition.

Key Points

  • 1Prohibition: It is unlawful to issue, promote, market, or sell a digital asset that uses the identifiable traits of a covered individual and is reasonably likely to result in financial gain for that individual.
  • 2Presumption and defenses: A digital asset meeting these conditions is presumed to violate the act, regardless of consent or endorsement by the official; voluntary participation is not a defense.
  • 3Enforcement: The SEC has exclusive authority to enforce the act, including pursuing injunctive relief to stop prohibited assets from being issued or distributed.
  • 4Penalties: Violators may face civil penalties up to $250,000 per violation or an amount equal to the gross financial gain, whichever is greater.
  • 5Rulemaking timeline: The SEC must promulgate regulations to implement and enforce the act within 180 days after enactment.

Impact Areas

Primary group/area affected- Issuers, developers, marketers, and platforms involved in creating or promoting digital assets (including exchanges and wallets) that might reference or imitate the traits of covered individuals; the bill directly targets profit-driven exploitation of officials’ identities, which could reshape marketing and branding for certain digital assets.Secondary group/area affected- Covered individuals and their immediate family (the President, Vice President, Members of Congress, and federal officers confirmed by the Senate, plus their household relatives) who could be affected by the prohibition on monetizing their name or likeness in digital assets.Additional impacts- Regulatory and compliance burden: Market participants and digital asset platforms would need to assess assets for potential violations and adjust practices accordingly, guided by SEC rulemaking.- Public policy and speech considerations: The rules could influence how digital assets reference political figures, raising questions about branding, endorsements, and permissible expression in the context of financial products.- Government oversight: Establishes a clear, centralized enforcement role for the SEC in this domain, potentially shaping broader SEC activity in digital asset regulation.
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