H.R. 10125 — NO PROFIT Act

This section establishes definitions for terms used in the Act, including commodity, communication, covered family member, covered government official (encompassing the President, Vice President, Members of Congress, executive branch employees, judicial officers, and others for 180 days after separation), covered social media account, employee of Congress, executive branch employee, generally available, judicial employee, material information, Member of Congress, prioritized access, prioritized covered information, and social media platform.

This section prohibits any person from purchasing, selling, or directing transactions in securities, commodities, futures, options, swaps, or speculative information market contracts while aware of prioritized covered information obtained through prioritized access and before the information is generally available. It also bars tipping such information to others likely to trade on it. The prohibition applies without requiring proof of a fiduciary duty breach. The Securities and Exchange Commission and Commodity Futures Trading Commission enforce violations under their existing authorities and must issue joint implementing rules within 180 days.

This section prohibits a social media platform from knowingly offering, selling, or providing prioritized access to a communication issued through a covered social media account. It imposes a civil penalty equal to the revenue received for the violating access, recoverable by the Attorney General, while allowing algorithmic ranking at no extra cost, agency-directed public safety or emergency access without third-party fees, and non-discriminatory programmatic or API access that confers no timing advantage.