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       Congressional Budget Office
\   Cost Estimate


June 19, 2019


By Fiscal Year, Millions of Dolars    2019               2019-2024             2019-2029
Direct Spending (Outlays)                0                    0                      0


Revenues

Deficit Effect


0

0


*


*


*


*


H.R. 2534  would  define and prohibit illegal insider trading.' It also would prohibit instances
in which one person  wrongfully communicates   nonpublic, material information to another
person in connection with securities trading, regardless of whether or not a payment or a
promised  personal benefit was involved. Under H.R.  2534, the Securities and Exchange
Commission   (SEC)  would  determine if the new insider trading prohibitions also apply to
automated  security-trading transactions.

Current law prohibits the use of any manipulative or deceptive device or contrivance when
trading securities.2 Likewise, federal regulations prohibit people from engaging in any act,
practice, or course of business which operates ... as a fraud or deceit in connection with
securities trading.' To date, the SEC has used those general anti-fraud provisions, informed
by judicial decisions and case law, to prosecute instances of illegal insider trading.

CBO   expects that H.R. 2534 would  expand the SEC's  authority to prosecute unlawful insider
traders. The SEC  might commence   more  enforcement  actions and impose additional


1. According to the Securities and Exchange Commission, illegal insider trading refers generally to buying or selling
    a security, in breach of a fiduciary duty or other relationship of trust and confidence, on the basis of material,
    nonpublic information about the security.
2.  15 U.S. Code 78j.
3.  17 CFR 240.1Ob-5.

                 See also CBO's Cost Estimates Explained, www.cbo.gov/publication/54437;
  How CBO Prepares Cost Estimates, www.cbo.gov/publication/53519; and Glossary, www.cbo.gov/publication/42904.

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