[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5015 Introduced in House (IH)]







109th CONGRESS
  2d Session
                                H. R. 5015

To prohibit securities trading based on nonpublic information relating 
    to Congress, and to require additional reporting by Members and 
    employees of Congress of securities transaction, and for other 
                               purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             March 28, 2006

  Mr. Baird (for himself and Ms. Slaughter) introduced the following 
bill; which was referred to the Committee on Financial Services, and in 
addition to the Committees on House Administration, the Judiciary, and 
Agriculture, for a period to be subsequently determined by the Speaker, 
 in each case for consideration of such provisions as fall within the 
                jurisdiction of the committee concerned

_______________________________________________________________________

                                 A BILL


 
To prohibit securities trading based on nonpublic information relating 
    to Congress, and to require additional reporting by Members and 
    employees of Congress of securities transaction, 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 ``Stop Trading on Congressional 
Knowledge Act''.

SEC. 2. NONPUBLIC INFORMATION RELATING TO CONGRESS.

    (a) Securities Transactions.--Section 10 of the Securities Exchange 
Act of 1934 is amended by adding at the end the following:
    ``(c) Nonpublic Information Relating to Congress.--
            ``(1) Prohibition.--Not later than 270 days after the date 
        of enactment of this subsection, the Commission shall by rule 
        prohibit any person from buying or selling the securities of 
        any issuer while such person is in possession of material 
        nonpublic information relating to any pending or prospective 
        legislative action relating to such issuer if--
                    ``(A) such information was obtained by reason of 
                such person being a Member or employee of Congress; or
                    ``(B) such information was obtained from a Member 
                or employee of Congress, and such person knows that the 
                information was so obtained.
            ``(2) Disclosure.--Not later than 270 days after the date 
        of enactment of this subsection, the Commission shall by rule 
        prohibit any Member or employee of Congress, or any other 
        person from disclosing material nonpublic information relating 
        to any pending or prospective legislative action relating to 
        any issuer if that Member, employee, or other person has reason 
        to believe that the information will be used to buy or sell the 
        securities of such issuer based on such information.''.
    (b) Commodities Transactions.--Section 4c of the Commodities 
Exchange Act (7 U.S.C. 6c) is amended by adding at the end the 
following:
    ``(h) Nonpublic Information Relating to Congress.--
            ``(1) Prohibition.--Not later than 270 days after the date 
        of enactment of this subsection, the Commission shall by rule 
        prohibit any person from buying or selling any commodity for 
        future delivery while such person is in possession of material 
        nonpublic information relating to any pending or prospective 
        legislative action relating to such commodity if--
                    ``(A) such information was obtained by reason of 
                such person being a Member or employee of Congress; or
                    ``(B) such information was obtained from a Member 
                or employee of Congress, and such person knows that the 
                information was so obtained.
            ``(2) Disclosure.--Not later than 270 days after the date 
        of enactment of this subsection, the Commission shall by rule 
        prohibit any Member or employee of Congress, or any other 
        person from disclosing material nonpublic information relating 
        to any pending or prospective legislative action relating to 
        any commodity if that Member, employee, or other person has 
        reason to believe that the information will be used to buy or 
        sell such commodity for future delivery based on such 
        information.''.

SEC. 3. TIMELY REPORTING OF SECURITIES TRANSACTIONS.

    (a) Amendment.--Section 103 of the Ethics in Government Act of 1978 
is amended by adding at the end the following subsection:
    ``(l) Within 30 days after the purchase, sale, or exchange of any 
stocks, bonds, commodities futures, or other forms of securities that 
are otherwise required to be reported under this Act and the 
transaction of which involves at least $1000 by any Member of Congress 
or officer or employee of the legislative branch required to so file, 
that Member, officer, or employee shall file a report of that 
transaction with the Clerk of the House of Representatives in the case 
of a Representative in Congress, a Delegate to Congress, or the 
Resident Commissioner from Puerto Rico, or with the Secretary of the 
Senate in the case of a Senator.''.
    (b) Effective Date.--The amendment made by subsection (a) shall 
apply to transactions occurring on or after the date that is 90 days 
after the date of the enactment of this Act.

SEC. 4. REGISTRATION OF POLITICAL INTELLIGENCE FIRMS.

    (a) Definitions.--Section 3 of the Lobbying Disclosure Act of 1995 
(2 U.S.C. 1602) is amended--
            (1) in paragraph (2)--
                    (A) by inserting after ``lobbying activities'' both 
                places such term appears the following: ``or political 
                intelligence activities''; and
                    (B) by inserting after ``lobbyists'' the following: 
                ``or political intelligence consultants''; and
            (2) by adding at the end the following new paragraphs:
            ``(17) Political intelligence activities.--The term 
        `political intelligence activities' means political 
        intelligence contacts and efforts in support of such contacts, 
        including preparation and planning activities, research and 
        other background work that is intended, at the time it is 
        performed, for use in contacts, and coordination with the 
        political intelligence activities of others.
            ``(18) Political intelligence contact.--
                    ``(A) Definition.--The term `political intelligence 
                contact' means any oral or written communication 
                (including an electronic communication) to or from a 
                covered legislative branch official, the information 
                derived from which is intended for use in analyzing 
                securities or commodities markets, that is made on 
                behalf of a client with regard to the formulation, 
                modification, or adoption of Federal legislation 
                (including legislative proposals).
                    ``(B) Exception.--The term `political intelligence 
                contact' does not include a communication that is made 
                by or to a representative of a media organization if 
                the purpose of the communication is gathering and 
                disseminating news and information to the public.
            ``(19) Political intelligence firm.--The term `political 
        intelligence firm' means a person or entity that has 1 or more 
        employees who are political intelligence consultants to a 
        client other than that person or entity.
            ``(20) Political intelligence consultant.--The term 
        `political intelligence consultant' means any individual who is 
        employed or retained by a client for financial or other 
        compensation for services that include one or more political 
        intelligence contacts.''.
    (b) Registration Requirement.--Section 4 of that Act (2 U.S.C. 
1603) is amended--
            (1) in subsection (a)(1)--
                    (A) by inserting after ``whichever is earlier,'' 
                the following: ``or a political intelligence consultant 
                first makes a political intelligence contact,''; and
                    (B) by inserting after ``such lobbyist'' both 
                places such term appears the following: ``or 
                consultant'';
            (2) in subsection (a)(2), by inserting after ``lobbyists'' 
        both places such term appears the following: ``or 
        consultants'';
            (3) in subsection (a)(3)(A)--
                    (A) by inserting after ``lobbying activities'' each 
                place such term appears the following: ``and political 
                intelligence activities''; and
                    (B) in clause (i), by inserting after ``lobbying 
                firm'' the following: ``or political intelligence 
                firm'';
            (4) in subsection (b)(3), by inserting after ``lobbying 
        activities'' both places such term appears the following: ``or 
        political intelligence activities'';
            (5) in subsection (b)(4), by inserting after ``lobbying 
        activities'' the following: ``or political intelligence 
        activities'';
            (6) in subsection (b)(4)(C), by inserting after ``lobbying 
        activity'' the following: ``or political intelligence 
        activity'';
            (7) in subsection (b)(5), by inserting after ``lobbying 
        activities'' both places such term appears the following: ``or 
        political intelligence activities'';
            (8) in subsection (b)(6), by inserting after ``lobbyist'' 
        both places such term appears the following: ``or political 
        intelligence consultant'';
            (9) in subsection (c)(1), by inserting after ``lobbying 
        contacts'' the following: ``or political intelligence 
        contacts'';
            (10) in subsection (c)(2)--
                    (A) by inserting after ``lobbying contact'' the 
                following: ``or political intelligence contact''; and
                    (B) by inserting after ``lobbying contacts'' the 
                following: ``and political intelligence contacts''; and
            (11) in subsection (d)(1), by inserting after ``lobbying 
        activities'' both places such term appears the following: ``or 
        political intelligence activities''.
    (c) Reports by Registered Political Intelligence Consultants.--
Section 5 of the Lobbying Disclosure Act of 1995 (2 U.S.C. 1604) is 
amended--
            (1) in subsection (a), by inserting after ``lobbying 
        activities'' the following: ``and political intelligence 
        activities'';
            (2) in subsection (b)(2)--
                    (A) in the matter preceding subparagraph (A), by 
                inserting after ``lobbying activities'' the following: 
                ``or political intelligence activities'';
                    (B) in subparagraph (A)--
                            (i) by inserting after ``lobbyist'' the 
                        following: ``or political intelligence 
                        consultant''; and
                            (ii) by inserting after ``lobbying 
                        activities'' the following: ``or political 
                        intelligence activities'';
                    (C) in subparagraph (B), by inserting after 
                ``lobbyists'' the following: ``or political 
                intelligence consultants''; and
                    (D) in subparagraph (C), by inserting after 
                ``lobbyists'' the following: ``or political 
                intelligence consultants'';
            (3) in subsection (b)(3)--
                    (A) by inserting after ``lobbying firm'' the 
                following: ``or political intelligence firm''; and
                    (B) by inserting after ``lobbying activities'' both 
                places such term appears the following: ``or political 
                intelligence activities''; and
            (4) in subsection (b)(4), by inserting after ``lobbying 
        activities'' both places such term appears the following: ``or 
        political intelligence activities''.
    (d) Disclosure and Enforcement.--Section 6 of the Lobbying 
Disclosure Act of 1995 (2 U.S.C. 1605) is amended--
            (1) in paragraph (3)(A), by inserting after ``lobbying 
        firms'' the following: ``, political intelligence consultants, 
        political intelligence firms,'';
            (2) in paragraph (7), by inserting after ``lobbying firm'' 
        the following: ``, or political intelligence consultant or 
        political intelligence firm,''; and
            (3) in paragraph (8), by inserting after ``lobbying firm'' 
        the following: ``, or political intelligence consultant or 
        political intelligence firm,''.
    (e) Rules of Construction.--Section 8 of the Lobbying Disclosure 
Act of 1995 (2 U.S.C. 1607) is amended in subsection (b) by inserting 
after ``lobbying contacts'' the following: ``, or political 
intelligence activities or political intelligence contacts,''.
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