1.This Act may be cited as the
Stop Trading on Congressional
Knowledge Act of 2012
or the STOCK Act
.
2.In this Act:
(1)The term “Member of Congress” means a member of the
Senate or House of Representatives, a Delegate to the House of Representatives,
and the Resident Commissioner from Puerto Rico.
(2)The term employee of Congress means—
(A)an employee of
the Senate; or
(B)an employee of
the House of Representatives.
(3)Executive
branch employeeThe term executive branch
employee—
(A)has the meaning
given the term employee under section 2105 of title 5, United
States Code; and
(B)includes—
(i)the
President;
(ii)the Vice
President; and
(iii)an employee of
the United States Postal Service or the Postal Regulatory Commission.
(4)The term judicial officer has the meaning
given that term under section 109(10) of the Ethics in Government Act of
1978.
3.Prohibition of
the use of nonpublic information for private profitThe Select Committee on Ethics of the Senate
and the Committee on Standards of Official Conduct of the House of
Representatives shall issue interpretive guidance of the relevant rules of each
chamber, including rules on conflicts of interest and gifts, clarifying that a
Member of Congress and an employee of Congress may not use nonpublic
information derived from such person’s position as a Member of Congress or
employee of Congress or gained from the performance of such person’s official
responsibilities as a means for making a private profit.
4.Prohibition of
insider trading
(a)Affirmation of
non-exemptionMembers of
Congress and employees of Congress are not exempt from the insider trading
prohibitions arising under the securities laws, including section 10(b) of the
Securities Exchange Act of 1934 and Rule 10b–5 thereunder.
(b)
(1)The purpose of the amendment made by this
subsection is to affirm a duty arising from a relationship of trust and
confidence owed by each Member of Congress and each employee of
Congress.
(2)Section 21A of the Securities Exchange Act
of 1934 (15 U.S.C. 78u–1) is amended by adding at the end the following:
(g)Duty of Members
and employees of Congress
(1)For purposes of the
insider trading prohibitions arising under the securities laws, including
section 10(b) and Rule 10b–5 thereunder, each Member of Congress or employee of
Congress owes a duty arising from a relationship of trust and confidence to the
Congress, the United States Government, and the citizens of the United States
with respect to material, nonpublic information derived from such person’s
position as a Member of Congress or employee of Congress or gained from the
performance of such person’s official responsibilities.
(2)In this subsection—
(A)the term Member of Congress
means a member of the Senate or House of Representatives, a Delegate to the
House of Representatives, and the Resident Commissioner from Puerto Rico;
and
(B)the term employee of Congress
means—
(i)an employee of the Senate; or
(ii)an employee of the House of
Representatives.
(3)Nothing in this
subsection shall be construed to impair or limit the construction of the
existing antifraud provisions of the securities laws or the authority of the
Commission under those
provisions.
.
5.Conforming
changes to the Commodity Exchange ActSection 4c(a) of the Commodity Exchange Act
(7 U.S.C. 6c(a)) is amended—
(1)in paragraph (3), in the matter preceding
subparagraph (A)—
(A)by inserting or any Member of
Congress or employee of Congress (defined in this subsection as those terms are
defined in section 2 of the Stop Trading on Congressional Knowledge Act of
2012)
after Federal Government,
the first place it
appears;
(B)by inserting
Member,
after position of the
; and
(C)by inserting
or by Congress
before in a manner
; and
(2)in paragraph
(4)—
(A)in subparagraph
(A), in the matter preceding clause (i)—
(i)by
inserting or any Member of Congress or employee of Congress
after Federal Government,
the first place it appears;
(ii)by
inserting Member,
after position of the
;
and
(iii)by inserting
or by Congress
before in a manner
;
(B)in subparagraph
(B), in the matter preceding clause (i), by inserting or any Member of
Congress or employee of Congress
after Federal
Government,
; and
(C)in subparagraph
(C)—
(i)in
the matter preceding clause (i), by inserting or by
Congress
—
(I)before
that may affect
; and
(II)before in
a manner
; and
(ii)in
clause (iii), by inserting to Congress, or any Member of Congress or
employee of Congress
after Federal Government
.
6.Prompt reporting
of financial transactions
(a)Section 101 of the Ethics in Government Act of 1978
is amended by adding at the end the following subsection:
(j)Not later than 30
days after any transaction required to be reported under section 102(a)(5)(B),
the following persons, if required to file a report under any other subsection
of this section subject to any waivers and exclusions, shall file a report of
the transaction:
(1)A Member of
Congress.
(2)An officer or
employee of Congress required to file a report under this section.
(3)The
President.
(4)The Vice
President.
(5)Each employee
appointed to a position in the executive branch, the appointment to which
requires advice and consent of the Senate, except for—
(A)an individual
appointed to a position—
(i)as a Foreign
Service Officer below the rank of ambassador; or
(ii)in the uniformed
services for which the pay grade prescribed by section 201 of title 37, United
States Code is O–6 or below; or
(B)a special
government employee, as defined under section 202 of title 18, United States
Code.
(6)Any employee in a
position in the executive branch who is a noncareer appointee in the Senior
Executive Service (as defined under section 3132(a)(7) of title 5, United
States Code) or a similar personnel system for senior employees in the
executive branch, such as the Senior Foreign Service, except that the Director
of the Office of Government Ethics may, by regulation, exclude from the
application of this paragraph any individual, or group of individuals, who are
in such positions, but only in cases in which the Director determines such
exclusion would not affect adversely the integrity of the Government or the
public’s confidence in the integrity of the Government.
(7)The Director of
the Office of Government Ethics.
(8)Any civilian
employee, not described in paragraph (5), employed in the Executive Office of
the President (other than a special government employee) who holds a commission
of appointment from the
President.
.
(b)The amendment made by subsection (a) shall apply to
transactions occurring on or after the date that is 90 days after the date of
enactment of this Act.
7.Report on
political intelligence activities
(a)
(1)Not later than 12 months after the date of enactment of
this Act, the Comptroller General of the United States, in consultation with
the Congressional Research Service, shall submit to the Committee on Homeland
Security and Governmental Affairs of the Senate and the Committee on Oversight
and Government Reform and the Committee on the Judiciary of the House of
Representatives a report on the role of political intelligence in the financial
markets.
(2)The
report required by this section shall include a discussion of—
(A)what is known
about the prevalence of the sale of political intelligence and the extent to
which investors rely on such information;
(B)what is known
about the effect that the sale of political intelligence may have on the
financial markets;
(C)the extent to
which information which is being sold would be considered non-public
information;
(D)the legal and
ethical issues that may be raised by the sale of political intelligence;
(E)any benefits from
imposing disclosure requirements on those who engage in political intelligence
activities; and
(F)any legal and
practical issues that may be raised by the imposition of disclosure
requirements on those who engage in political intelligence activities.
(b)For
purposes of this section, the term political intelligence shall
mean information that is—
(1)derived by a
person from direct communications with an executive branch employee, a Member
of Congress, or an employee of Congress; and
(2)provided in
exchange for financial compensation to a client who intends, and who is known
to intend, to use the information to inform investment decisions.
8.Public filing
and disclosure of financial disclosure forms of members of congress and
congressional staff
(a)Public, on-line
disclosure of financial disclosure forms of members of congress and
congressional staff
(1)Not later than August 31, 2012, or 90 days after the date
of enactment of this Act, whichever is later, the Secretary of the Senate and
the Sergeant at Arms of the Senate, and the Clerk of the House of
Representatives, shall ensure that financial disclosure forms filed by Members
of Congress, officers of the House and Senate, candidates for Congress, and
employees of the Senate and the House of Representatives in calendar year 2012
and in subsequent years pursuant to title I of the Ethics in Government Act of
1978 are made available to the public on the respective official websites of
the Senate and the House of Representatives not later than 30 days after such
forms are filed.
(2)The
existing protocol allowing for extension requests for financial disclosures
shall be retained. Notices of extension for financial disclosure shall be made
available electronically under this subsection along with its related
disclosure.
(3)In the case of a transaction disclosure required by
section 101(j) of the Ethics in Government Act of 1978, as added by this Act,
such disclosures shall be filed not later than 30 days after the transaction.
Notices of extension for transaction disclosure shall be made available
electronically under this subsection along with its related disclosure.
(4)The
requirements of this subsection shall expire upon implementation of the public
disclosure system established under subsection (b).
(b)Electronic
filing and on-line public availability of financial disclosure forms of members
of congress, Officers of the House and Senate, and congressional staff
(1)Subject to paragraph (6) and not later than 18 months
after the date of enactment of this Act, the Secretary of the Senate and the
Sergeant at Arms of the Senate and the Clerk of the House of Representatives
shall develop systems to enable—
(A)electronic filing
of reports received by them pursuant to section 103(h)(1)(A) of title I of the
Ethics in Government Act of 1978; and
(B)public access to
financial disclosure reports filed by Members of Congress, Officers of the
House and Senate, candidates for Congress, and employees of the Senate and
House of Representatives, as well as reports of a transaction disclosure
required by section 101(j) of the Ethics in Government Act of 1978, as added by
this Act, notices of extensions, amendments and blind trusts, pursuant to title
I of the Ethics in Government Act of 1978 through databases that—
(i)are
maintained on the official websites of the House of Representatives and the
Senate; and
(ii)allow the public
to search, sort and download data contained in the reports.
(2)No
login shall be required to search or sort the data contained in the reports
made available by this subsection. A login protocol with the name of the user
shall be utilized by a person downloading data contained in the reports. For
purposes of filings under this section, section 105(b)(2) of the Ethics in
Government Act of 1978 does not apply.
(3)Pursuant to section 105(b)(1) of title I of the
Ethics in Government Act of 1978, electronic availability on the official
websites of the Senate and the House of Representatives under this subsection
shall be deemed to have met the public availability requirement.
(4)Individuals required under the Ethics in Government Act
of 1978 or the Senate Rules to file financial disclosure reports with the
Secretary of the Senate or the Clerk of the House shall file reports
electronically using the systems developed by the Secretary of the Senate, the
Sergeant at Arms of the Senate, and the Clerk of the House.
(5)The
existing protocol allowing for extension requests for financial disclosures
shall be retained for purposes of this subsection. Notices of extension for
financial disclosure shall be made available electronically under this
subsection along with its related disclosure.
(6)The requirements of this subsection may be implemented after
the date provided in paragraph (1) if the Secretary of the Senate or the Clerk
of the House identify in writing to relevant congressional committees an
additional amount of time needed.
(c)Section
105(d) of the Ethics in Government Act of 1978 is amended to read as
follows:
(d)(1)Any report filed with
or transmitted to an agency or supervising ethics office or to the Clerk of the
House of Representatives or the Secretary of the Senate pursuant to this title
shall be retained by such agency or office or by the Clerk or the Secretary of
the Senate, as the case may be.
(2)Such report shall be made available
to the public—
(A)in the case of a Member of Congress
until a date that is 6 years from the date the individual ceases to be a Member
of Congress; and
(B)in the case of all other reports filed
pursuant to this title, for a period of six years after receipt of the
report.
(3)After the relevant time period
identified under paragraph (2), the report shall be destroyed unless needed in
an ongoing investigation, except that in the case of an individual who filed
the report pursuant to section 101(b) and was not subsequently confirmed by the
Senate, or who filed the report pursuant to section 101(c) and was not
subsequently elected, such reports shall be destroyed 1 year after the
individual either is no longer under consideration by the Senate or is no
longer a candidate for nomination or election to the Office of President, Vice
President, or as a Member of Congress, unless needed in an ongoing
investigation or
inquiry.
.
9.
(a)Prohibition of
the use of nonpublic information for private profit
(1)Executive
branch employeesThe Office
of Government Ethics shall issue such interpretive guidance of the relevant
Federal ethics statutes and regulations, including the Standards of Ethical
Conduct for executive branch employees, related to use of nonpublic
information, as necessary to clarify that no executive branch employee may use
non-public information derived from such person’s position as an executive
branch employee or gained from the performance of such person’s official
responsibilities as a means for making a private profit.
(2)The Judicial
Conference of the United States shall issue such interpretive guidance of the
relevant ethics rules applicable to Federal judges, including the Code of
Conduct for United States Judges, as necessary to clarify that no judicial
officer may use non-public information derived from such person’s position as a
judicial officer or gained from the performance of such person’s official
responsibilities as a means for making a private profit.
(b)Application of
insider trading laws
(1)Affirmation of
non-exemptionExecutive
branch employees and judicial officers are not exempt from the insider trading
prohibitions arising under the securities laws, including section 10(b) of the
Securities Exchange Act of 1934 and Rule 10b–5 thereunder.
(2)
(A)The
purpose of the amendment made by this paragraph is to affirm a duty arising
from a relationship of trust and confidence owed by each executive branch
employee and judicial officer.
(B)Section 21A of the Securities Exchange Act
of 1934 (15 U.S.C. 78u–1), as amended by this Act, is amended by adding at the
end the following:
(h)Duty of other
Federal officials
(1)For purposes of the
insider trading prohibitions arising under the securities laws, including
section 10(b), and Rule 10b–5 thereunder, each executive branch employee and
each judicial officer owes a duty arising from a relationship of trust and
confidence to the United States Government and the citizens of the United
States with respect to material, nonpublic information derived from such
person’s position as an executive branch employee or judicial officer or gained
from the performance of such person’s official responsibilities.
(2)In this subsection—
(A)the term executive branch
employee—
(i)has the meaning given the term
employee
under section 2105 of title 5, United States
Code;
(ii)includes—
(I)the
President;
(II)the Vice
President; and
(III)an employee of
the United States Postal Service or the Postal Regulatory Commission;
and
(B)the term
judicial officer has the meaning given that term under section
109(10) of the Ethics in Government Act of 1978.
(3)Nothing in this
subsection shall be construed to impair or limit the construction of the
existing antifraud provisions of the securities laws or the authority of the
Commission under those
provisions.
.
10.Nothing in this
Act, the amendments made by this Act, or the interpretive guidance to be issued
pursuant to sections 3 and 9 of this Act, shall be construed to—
(1)impair or limit the construction of the
antifraud provisions of the securities laws or the Commodities Exchange Act or
the authority of the Securities and Exchange Commission or the Commodity
Futures Trading Commission under those provisions;
(2)be in derogation of the obligations, duties
and functions of a Member of Congress, an employee of Congress, an executive
branch employee or a judicial officer, arising from such person’s official
position; or
(3)be in derogation of existing laws,
regulations or ethical obligations governing Members of Congress, employees of
Congress, executive branch employees or judicial officers.
11.Executive
branch reportingNot later
than 2 years after the date of enactment of this Act, the President
shall—
(1)ensure that
financial disclosure forms filed by officers and employees referred to in
section 101(j) of the Ethics in Government Act of 1978 (5 U.S.C. App.) are made
available to the public as required by section 8(a) on appropriate official
websites of agencies of the executive branch; and
(2)develop systems
to enable electronic filing and public access, as required by section 8(b), to
the financial disclosure forms of such individuals.
12.Prompt
reporting and public filing of financial transactions for executive
branch
(a)Each agency or
department of the Executive branch and each independent agency shall comply
with the provisions of sections 6 with respect to any of such agency,
department or independent agency’s officers and employees that are subject to
the disclosure provisions under the Ethics in Government Act of 1978.
(b)Not later than 2
years after the date of enactment of this Act, each agency or department of the
Executive branch and each independent agency shall comply with the provisions
of section 8, except that the provisions of section 8 shall not apply to a
member of a uniformed service for which the pay grade prescribed by section 201
of title 37, United States Code is O–6 or below.
13.Requiring mortgage
disclosureSection
102(a)(4)(A) of the Ethics in Government Act of 1978 (5 U.S.C. App) is amended
by striking spouse; and
and inserting the following: “spouse,
except that this exception shall not apply to a reporting individual—
(i)described in paragraph (1), (2), or (9) of
section 101(f);
(ii)described in section 101(b) who has been
nominated for appointment as an officer or employee in the executive branch
described in subsection (f) of such section, other than—
(I)an individual appointed to a
position—
- (aa)as
a Foreign Service Officer below the rank of ambassador; or
- (bb)in
the uniformed services for which the pay grade prescribed by section 201 of
title 37, United States Code is O–6 or below; or
(II)a special
government employee, as defined under section 202 of title 18, United States
Code; or
(iii)described in section 101(f) who is in a
position in the executive branch the appointment to which is made by the
President and requires advice and consent of the Senate, other than—
(I)an individual appointed to a
position—
- (aa)as
a Foreign Service Officer below the rank of ambassador; or
- (bb)in
the uniformed services for which the pay grade prescribed by section 201 of
title 37, United States Code is O–6 or below; or
(II)a special
government employee, as defined under section 202 of title 18, United States
Code;
and
.
14.Transaction
reporting requirementsThe
transaction reporting requirements established by section 101(j) of the Ethics
in Government Act of 1978, as added by section 6 of this Act, shall not be
construed to apply to a widely held investment fund (whether such fund is a
mutual fund, regulated investment company, pension or deferred compensation
plan, or other investment fund), if—
(1)(A)the fund is publicly traded; or
(B)the assets of the fund are widely
diversified; and
(2)the reporting individual neither exercises
control over nor has the ability to exercise control over the financial
interests held by the fund.
15.Application to
other elected officials and criminal offenses
(a)Application to
other elected officials
(1)Civil Service
Retirement SystemSection 8332(o)(2)(A) of title 5, United States
Code, is amended—
(A)in clause (i), by
inserting , the President, the Vice President, or an elected official of
a State or local government
after Member
; and
(B)in clause (ii),
by inserting , the President, the Vice President, or an elected official
of a State or local government
after Member
.
(2)Federal
Employees Retirement SystemSection 8411(l)(2) of title 5, United
States Code, is amended—
(A)in subparagraph
(A), by inserting , the President, the Vice President, or an elected
official of a State or local government
after Member
;
and
(B)in subparagraph
(B), by inserting , the President, the Vice President, or an elected
official of a State or local government
after
Member
.
(b)Section 8332(o)(2)
of title 5, United States Code, is amended—
(1)in subparagraph (A), by striking clause
(iii) and inserting the following:
(iii)The
offense—
(I)is committed
after the date of enactment of this subsection and—
- (aa)is
described under subparagraph (B)(i), (iv), (xvi), (xix), (xxiii), (xxiv), or
(xxvi); or
- (bb)is
described under subparagraph (B)(xxix), (xxx), or (xxxi), but only with respect
to an offense described under subparagraph (B)(i), (iv), (xvi), (xix), (xxiii),
(xxiv), or (xxvi); or
(II)is committed
after the date of enactment of the STOCK Act and—
- (aa)is
described under subparagraph (B)(ii), (iii), (v), (vi), (vii), (viii), (ix),
(x), (xi), (xii), (xiii), (xiv), (xv), (xvii), (xviii), (xx), (xxi), (xxii),
(xxv), (xxvii), or (xxviii); or
- (bb)is described
under subparagraph (B)(xxix), (xxx), or (xxxi), but only with respect to an
offense described under subparagraph (B)(ii), (iii), (v), (vi), (vii), (viii),
(ix), (x), (xi), (xii), (xiii), (xiv), (xv), (xvii), (xviii), (xx), (xxi),
(xxii), (xxv), (xxvii), or (xxviii).
;
and
(2)by striking subparagraph (B) and inserting
the following:
(B)An offense
described in this subparagraph is only the following, and only to the extent
that the offense is a felony:
(i)An offense under
section 201 of title 18 (relating to bribery of public officials and
witnesses).
(ii)An offense under
section 203 of title 18 (relating to compensation to Member of Congress,
officers, and others in matters affecting the Government).
(iii)An offense
under section 204 of title 18 (relating to practice in the United States Court
of Federal Claims or the United States Court of Appeals for the Federal Circuit
by Member of Congress).
(iv)An offense under
section 219 of title 18 (relating to officers and employees acting as agents of
foreign principals).
(v)An offense under
section 286 of title 18 (relating to conspiracy to defraud the Government with
respect to claims).
(vi)An offense under
section 287 of title 18 (relating to false, fictitious or fraudulent
claims).
(vii)An offense
under section 597 of title 18 (relating to expenditures to influence
voting).
(viii)An offense
under section 599 of title 18 (relating to promise of appointment by
candidate).
(ix)An offense under
section 602 of title 18 (relating to solicitation of political
contributions).
(x)An offense under
section 606 of title 18 (relating to intimidation to secure political
contributions).
(xi)An offense under
section 607 of title 18 (relating to place of solicitation).
(xii)An offense
under section 641 of title 18 (relating to public money, property or
records).
(xiii)An offense
under section 666 of title 18 (relating to theft or bribery concerning programs
receiving Federal funds).
(xiv)An offense
under section 1001 of title 18 (relating to statements or entries
generally).
(xv)An offense under
section 1341 of title 18 (relating to frauds and swindles, including as part of
a scheme to deprive citizens of honest services thereby).
(xvi)An offense
under section 1343 of title 18 (relating to fraud by wire, radio, or
television, including as part of a scheme to deprive citizens of honest
services thereby).
(xvii)An offense
under section 1503 of title 18 (relating to influencing or injuring officer or
juror).
(xviii)An offense
under section 1505 of title 18 (relating to obstruction of proceedings before
departments, agencies, and committees).
(xix)An offense
under section 1512 of title 18 (relating to tampering with a witness, victim,
or an informant).
(xx)An offense under
section 1951 of title 18 (relating to interference with commerce by threats of
violence).
(xxi)An offense
under section 1952 of title 18 (relating to interstate and foreign travel or
transportation in aid of racketeering enterprises).
(xxii)An offense
under section 1956 of title 18 (relating to laundering of monetary
instruments).
(xxiii)An offense
under section 1957 of title 18 (relating to engaging in monetary transactions
in property derived from specified unlawful activity).
(xxiv)An offense
under chapter 96 of title 18 (relating to racketeer influenced and corrupt
organizations).
(xxv)An offense
under section 7201 of the Internal Revenue Code of 1986 (relating to attempt to
evade or defeat tax).
(xxvi)An offense
under section 104(a) of the Foreign Corrupt Practices Act of 1977 (relating to
prohibited foreign trade practices by domestic concerns).
(xxvii)An offense
under section 10(b) of the Securities Exchange Act of 1934 (relating to fraud,
manipulation, or insider trading of securities).
(xxviii)An offense
under section 4c(a) of the Commodity Exchange Act (7 U.S.C. 6c(a)) (relating to
fraud, manipulation, or insider trading of commodities).
(xxix)An offense
under section 371 of title 18 (relating to conspiracy to commit offense or to
defraud United States), to the extent of any conspiracy to commit an act which
constitutes—
(I)an offense under
clause (i), (ii), (iii), (iv), (v), (vi), (vii), (viii), (ix), (x), (xi),
(xii), (xiii), (xiv), (xv), (xvi), (xvii), (xviii), (xix), (xx), (xxi), (xxii),
(xxiii), (xxiv), (xxv), (xxvi), (xxvii), or (xxviii); or
(II)an offense under
section 207 of title 18 (relating to restrictions on former officers,
employees, and elected officials of the executive and legislative
branches).
(xxx)Perjury
committed under section 1621 of title 18 in falsely denying the commission of
an act which constitutes—
(I)an offense under
clause (i), (ii), (iii), (iv), (v), (vi), (vii), (viii), (ix), (x), (xi),
(xii), (xiii), (xiv), (xv), (xvi), (xvii), (xviii), (xix), (xx), (xxi), (xxii),
(xxiii), (xxiv), (xxv), (xxvi), (xxvii), or (xxviii); or
(II)an offense under
clause (xxix), to the extent provided in such clause.
(xxxi)Subornation of
perjury committed under section 1622 of title 18 in connection with the false
denial or false testimony of another individual as specified in clause
(xxx).
.
16.Limitation on
bonuses to executives of Fannie Mae and Freddie MacNotwithstanding any other provision in law,
senior executives at the Federal National Mortgage Association and the Federal
Home Loan Mortgage Corporation are prohibited from receiving bonuses during any
period of conservatorship for those entities on or after the date of enactment
of this Act.
17.Disclosure of
political intelligence activities under Lobbying Disclosure Act
(a)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
each place that 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 activitiesThe 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 such contacts and efforts of others.
(18)Political
intelligence contact
(A)The term political intelligence
contact means any oral or written communication (including an electronic
communication) to or from a covered executive branch official or a covered
legislative branch official, the information derived from which is intended for
use in analyzing securities or commodities markets, or in informing investment
decisions, and which is made on behalf of a client with regard to—
(i)the formulation,
modification, or adoption of Federal legislation (including legislative
proposals);
(ii)the formulation, modification, or adoption
of a Federal rule, regulation, Executive order, or any other program, policy,
or position of the United States Government; or
(iii)the
administration or execution of a Federal program or policy (including the
negotiation, award, or administration of a Federal contract, grant, loan,
permit, or license).
(B)The
term political intelligence contact does not include a
communication that is made by or to a representative of the media if the
purpose of the communication is gathering and disseminating news and
information to the public.
(19)Political
intelligence firmThe 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 consultantThe 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)Section 4 of the
Lobbying Disclosure Act of 1995 (2 U.S.C. 1603) is amended—
(1)in subsection
(a)—
(A)in paragraph
(1)—
(i)by
inserting after whichever is earlier,
the following: or a
political intelligence consultant first makes a political intelligence
contact,
; and
(ii)by
inserting after such lobbyist
each place that term appears the
following: or consultant
;
(B)in paragraph (2),
by inserting after lobbyists
each place that term appears the
following: or political intelligence consultants
; and
(C)in paragraph
(3)(A)—
(i)by
inserting after lobbying activities
each place that term appears
the following: and political intelligence activities
; and
(ii)in
clause (i), by inserting after lobbying firm
the following:
or political intelligence firm
;
(2)in subsection
(b)—
(A)in paragraph (3),
by inserting after lobbying activities
each place that term
appears the following: or political intelligence
activities
;
(B)in paragraph
(4)—
(i)in
the matter preceding subparagraph (A), by inserting after lobbying
activities
the following: or political intelligence
activities
; and
(ii)in
subparagraph (C), by inserting after lobbying activity
the
following: or political intelligence activity
;
(C)in paragraph (5),
by inserting after lobbying activities
each place that term
appears the following: or political intelligence
activities
;
(D)in paragraph (6),
by inserting after lobbyist
each place that term appears the
following: or political intelligence consultant
; and
(E)in the matter
following paragraph (6), by inserting or political intelligence
activities
after such lobbying activities
;
(3)in subsection
(c)—
(A)in paragraph (1),
by inserting after lobbying contacts
the following: or
political intelligence contacts
; and
(B)in paragraph
(2)—
(i)by
inserting after lobbying contact
the following: or
political intelligence contact
; and
(ii)by
inserting after lobbying contacts
the following: and
political intelligence contacts
; and
(4)in subsection (d),
by inserting after lobbying activities
each place that term
appears the following: or political intelligence
activities
.
(c)Reports by
registered political intelligence consultantsSection 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)—
(A)in paragraph
(2)—
(i)in
the matter preceding subparagraph (A), by inserting after lobbying
activities
the following: or political intelligence
activities
;
(ii)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
;
(iii)in
subparagraph (B), by inserting after lobbyists
the following:
and political intelligence consultants
; and
(iv)in
subparagraph (C), by inserting after lobbyists
the following:
or political intelligence consultants
;
(B)in paragraph
(3)—
(i)by
inserting after lobbying firm
the following: or political
intelligence firm
; and
(ii)by
inserting after lobbying activities
each place that term appears
the following: or political intelligence activities
; and
(C)in paragraph (4),
by inserting after lobbying activities
each place that term
appears the following: or political intelligence activities
;
and
(3)in subsection
(d)(1), in the matter preceding subparagraph (A), by inserting or a
political intelligence consultant
after a
lobbyist
.
(d)Disclosure and
enforcementSection 6(a) 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 striking or lobbying firm
and inserting lobbying firm,
political intelligence consultant, or political intelligence firm
;
and
(3)in paragraph (8),
by striking or lobbying firm
and inserting lobbying firm,
political intelligence consultant, or political intelligence
firm
.
(e)Section 8(b) of the Lobbying Disclosure Act of 1995
(2 U.S.C.
1607(b)) is amended by striking or lobbying
contacts
and inserting lobbying contacts, political intelligence
activities, or political intelligence contacts
.
(f)Identification
of clients and covered officialsSection 14 of the Lobbying Disclosure Act
of 1995 (2 U.S.C.
1609) is amended—
(1)in subsection
(a)—
(A)in the heading, by
inserting or political
intelligence
after lobbying
;
(B)by inserting
or political intelligence contact
after lobbying
contact
each place that term appears; and
(C)in paragraph (2),
by inserting or political intelligence activity, as the case may
be
after lobbying activity
;
(2)in subsection
(b)—
(A)in the heading, by inserting
or political
intelligence
after lobbying
;
(B)by inserting
or political intelligence contact
after lobbying
contact
each place that term appears; and
(C)in paragraph (2),
by inserting or political intelligence activity, as the case may
be
after lobbying activity
; and
(3)in subsection (c), by inserting or
political intelligence contact
after lobbying
contact
.
(g)Annual audits
and reports by Comptroller GeneralSection 26 of the Lobbying Disclosure Act
of 1995 (2 U.S.C.
1614) is amended—
(1)in subsection
(a)—
(A)by inserting
political intelligence firms, political intelligence
consultants,
after lobbying firms
; and
(B)by striking
lobbying registrations
and inserting
registrations
;
(2)in subsection (b)(1)(A), by inserting
political intelligence firms, political intelligence
consultants,
after lobbying firms
; and
(3)in subsection (c),
by inserting or political intelligence consultant
after a
lobbyist
.
<enum>II</enum><header>Public
Corruption Prosecution Improvements</header>
<section id="ID355b86164c534d1389c3e01b1f1cbbfa"><enum>201.</enum><header>Short
title</header><text display-inline="no-display-inline">This title may be cited
as the <quote><short-title>Public Corruption Prosecution
Improvements Act of 2012</short-title></quote>.</text>
</section><section id="ID73decdca0bf247548470e1785d0bb5f2"><enum>202.</enum><header>Venue for
Federal offenses</header>
<subsection id="ID127d027965d04d759df7ea5b1c548853"><enum>(a)</enum><header>In
general</header><text>The second undesignated paragraph of section 3237(a) of
title 18, United States Code, is amended by adding before the period at the end
the following: <quote>or in any district in which an act in furtherance of the
offense is committed</quote>.</text>
</subsection><subsection id="ID01070e724ae341a2b297db1885947e03"><enum>(b)</enum><header>Section
heading</header><text>The heading for section 3237 of title 18, United States
Code, is amended to read as follows:</text>
<quoted-block display-inline="no-display-inline" id="id5F0E3DF3D5914EC8894B1C0178DAC524" style="OLC">
<section id="ID97b6d995e63443849574281db6659459"><enum>3237.</enum><header>Offense
taking place in more than one
district</header>
</section><after-quoted-block>.</after-quoted-block></quoted-block>
</subsection><subsection id="ID73ff5634cc074ec7965beb833b8ecc11"><enum>(c)</enum><header>Table of
sections</header><text>The table of sections at the beginning of chapter 211 of
title 18, United States Code, is amended so that the item relating to section
3237 reads as follows:</text>
<quoted-block id="id5ccbe5b2-e674-4d7b-86b6-52107de33c0f" style="OLC">
<toc>
<toc-entry idref="ID97b6d995e63443849574281db6659459" level="section">Sec. 3237. Offense taking place in more than one
district.</toc-entry>
</toc>
<after-quoted-block>.</after-quoted-block></quoted-block>
</subsection></section><section id="ID38dca1c7883049efa88702ac15b23853"><enum>203.</enum><header>Theft or
bribery concerning programs receiving Federal financial
assistance</header><text display-inline="no-display-inline">Section 666(a) of
title 18, United States Code, is amended—</text>
<paragraph id="IDa095d1a2be5b47719ad11bd0604bddfb"><enum>(1)</enum><text>by striking
<quote>10 years</quote> and inserting <quote>20 years</quote>;</text>
</paragraph><paragraph id="IDf7f77cc746d444f3aac36282fe949b21"><enum>(2)</enum><text>by striking
<quote>$5,000</quote> the second place and the third place it appears and
inserting <quote>$1,000</quote>;</text>
</paragraph><paragraph id="ID59b357c009cf49ac8a69863baa132074"><enum>(3)</enum><text>by striking
<quote>anything of value</quote> each place it appears and inserting <quote>any
thing or things of value</quote>; and</text>
</paragraph><paragraph id="ID640c3f4328a340f7ae80021aa8610769"><enum>(4)</enum><text>in paragraph
(1)(B), by inserting after <quote>anything</quote> the following: <quote>or
things</quote>.</text>
</paragraph></section><section id="IDf6e1b61e434f4075b24b63d0b2a8f269"><enum>204.</enum><header>Penalty for
Section 641 violations</header><text display-inline="no-display-inline">Section
641 of title 18, United States Code, is amended by striking <quote>ten
years</quote> and inserting <quote>15 years</quote>.</text>
</section><section id="IDff4a9b78e90140eba090e64d55a60ea9"><enum>205.</enum><header>Bribery and
graft; clarification of definition of <quote>Official Act</quote>;
clarification of the crime of illegal gratuities</header>
<subsection id="id6B385BDF7E934016BDA3B08BE713023D"><enum>(a)</enum><header>Definition</header><text display-inline="yes-display-inline">Section 201(a) of title 18, United States
Code, is amended—</text>
<paragraph id="ID789ba034325d40df92240c326df2cb4d"><enum>(1)</enum><text>in paragraph (2),
by striking <quote>and</quote> at the end;</text>
</paragraph><paragraph id="IDc35475628f524eae8a288ec0d0e29755"><enum>(2)</enum><text>by amending
paragraph (3) to read as follows:</text>
<quoted-block display-inline="no-display-inline" id="idCF07A6C7DF73425B9DCB4FE402595C9B" style="OLC">
<paragraph id="idF6C485F9987F4FA0868F18F38E061BF0"><enum>(3)</enum><text>the term
<term>official act</term>—</text>
<subparagraph id="id652D8BEC0742477AA2236A4C696DA8B2"><enum>(A)</enum><text>means any act
within the range of official duty, and any decision or action on any question,
matter, cause, suit, proceeding, or controversy, which may at any time be
pending, or which may by law be brought before any public official, in such
public official’s official capacity or in such official’s place of trust or
profit; and</text>
</subparagraph><subparagraph id="idA744B3D208104AC19464819F8B970DA9"><enum>(B)</enum><text>may be a single
act, more than 1 act, or a course of conduct;
and</text>
</subparagraph></paragraph><after-quoted-block>;
and</after-quoted-block></quoted-block>
</paragraph><paragraph id="ID78f62e3db34648a0823588f1eedfec42"><enum>(3)</enum><text>by adding at the
end the following:</text>
<quoted-block display-inline="no-display-inline" id="idC9CE3E99A5A14DB4A4EB76E752B38900" style="OLC">
<paragraph id="IDc50aa0a9a1e546388e0f93316e7eaa0b"><enum>(4)</enum><text>the term
<term>rule or regulation</term> means a Federal regulation or a rule of the
House of Representatives or the Senate, including those rules and regulations
governing the acceptance of gifts and campaign
contributions.</text>
</paragraph><after-quoted-block>.</after-quoted-block></quoted-block>
</paragraph></subsection><subsection id="idF93EE35B03BB4FCEBDFE7DB806572200"><enum>(b)</enum><header>Clarification</header><text>Section
201(c)(1) of title 18, United States Code, is amended to read as
follows:</text>
<quoted-block display-inline="no-display-inline" id="idE8F728593EEE4FA080A55E0D18604896" style="OLC">
<paragraph id="id485FAC2FCE55467390B9D3D3EBCC1248"><enum>(1)</enum><text>otherwise than as
provided by law for the proper discharge of official duty, or by rule or
regulation—</text>
<subparagraph id="ID1f20f2fb31ec41a281a392eb50a766af"><enum>(A)</enum><text>directly or
indirectly gives, offers, or promises any thing or things of value to any
public official, former public official, or person selected to be a public
official for or because of any official act performed or to be performed by
such public official, former public official, or person selected to be a public
official;</text>
</subparagraph><subparagraph id="ID8864bb066fa44a8db7e31425fba2cb44"><enum>(B)</enum><text>directly or
indirectly, knowingly gives, offers, or promises any thing or things of value
with an aggregate value of not less than $1000 to any public official, former
public official, or person selected to be a public official for or because of
the official’s or person’s official position;</text>
</subparagraph><subparagraph id="ID96ae34d729fa4af6826d6509fb5853bb"><enum>(C)</enum><text>being a public
official, former public official, or person selected to be a public official,
directly or indirectly, knowingly demands, seeks, receives, accepts, or agrees
to receive or accept any thing or things of value with an aggregate value of
not less than $1000 for or because of the official’s or person’s official
position; or</text>
</subparagraph><subparagraph id="ID9a4a7da20374473a8dad300f09b4baf3"><enum>(D)</enum><text>being a public
official, former public official, or person selected to be a public official,
directly or indirectly demands, seeks, receives, accepts, or agrees to receive
or accept any thing or things of value for or because of any official act
performed or to be performed by such official or
person;</text>
</subparagraph></paragraph><after-quoted-block>.</after-quoted-block></quoted-block>
</subsection></section><section id="ID6f0091d75f6b4764aacde22448acf350"><enum>206.</enum><header>Amendment of
the sentencing guidelines relating to certain crimes</header>
<subsection id="IDea1d87371fd44c5bbc2f630be9636a6e"><enum>(a)</enum><header>Directive to
sentencing commission</header><text>Pursuant to its authority under section
994(p) of title 28, United States Code, and in accordance with this section,
the United States Sentencing Commission forthwith shall review and, if
appropriate, amend its guidelines and its policy statements applicable to
persons convicted of an offense under section 201, 641, 1346A, or 666 of title
18, United States Code, in order to reflect the intent of Congress that such
penalties meet the requirements in subsection (b) of this section.</text>
</subsection><subsection id="IDfeb90a680d5c4b84bca759676f35c1d9"><enum>(b)</enum><header>Requirements</header><text>In
carrying out this subsection, the Commission shall—</text>
<paragraph id="IDeca23da52e344c9a92b702d9184eb8ce"><enum>(1)</enum><text>ensure that the
sentencing guidelines and policy statements reflect Congress’s intent that the
guidelines and policy statements reflect the serious nature of the offenses
described in paragraph (1), the incidence of such offenses, and the need for an
effective deterrent and appropriate punishment to prevent such offenses;</text>
</paragraph><paragraph id="ID631b6c1a3aae40d59f58d1c37ba4be74"><enum>(2)</enum><text>consider the
extent to which the guidelines may or may not appropriately account for—</text>
<subparagraph id="IDb52e884bd2ea425ba5312bf1e1e3016c"><enum>(A)</enum><text>the potential and
actual harm to the public and the amount of any loss resulting from the
offense;</text>
</subparagraph><subparagraph id="ID27f24bacde844673b41a3ff7c048b579"><enum>(B)</enum><text>the level of
sophistication and planning involved in the offense;</text>
</subparagraph><subparagraph id="ID7a43ef8d004642f2a0871dbaf3b761d5"><enum>(C)</enum><text>whether the
offense was committed for purposes of commercial advantage or private financial
benefit;</text>
</subparagraph><subparagraph id="ID513cb583168448928dd7111238c3c102"><enum>(D)</enum><text>whether the
defendant acted with intent to cause either physical or property harm in
committing the offense;</text>
</subparagraph><subparagraph id="ID6deae14be7e646299362fe1af1a84b4e"><enum>(E)</enum><text>the extent to
which the offense represented an abuse of trust by the offender and was
committed in a manner that undermined public confidence in the Federal, State,
or local government; and</text>
</subparagraph><subparagraph id="ID0fb6142a076e4481978da894a23ff5ad"><enum>(F)</enum><text>whether the
violation was intended to or had the effect of creating a threat to public
health or safety, injury to any person or even death;</text>
</subparagraph></paragraph><paragraph id="IDc7186eef5c074b4aa32f546bd50e6f4b"><enum>(3)</enum><text>assure reasonable
consistency with other relevant directives and with other sentencing
guidelines;</text>
</paragraph><paragraph id="IDabcb67490ff54050a8b56504a7c8da22"><enum>(4)</enum><text>account for any
additional aggravating or mitigating circumstances that might justify
exceptions to the generally applicable sentencing ranges;</text>
</paragraph><paragraph id="IDcc492c1d622c4ad5bcbe503d38f54608"><enum>(5)</enum><text>make any
necessary conforming changes to the sentencing guidelines; and</text>
</paragraph><paragraph id="IDca7c2337f3d34ece8d9ca3d9103b8dc9"><enum>(6)</enum><text>assure that the
guidelines adequately meet the purposes of sentencing as set forth in section
3553(a)(2) of title 18, United States Code.</text>
</paragraph></subsection></section><section id="ID8c2af9ec7a8a4415ac6bc735d8b6cb8e"><enum>207.</enum><header>Extension of
statute of limitations for serious public corruption offenses</header>
<subsection id="IDb59aabd09fc842169473a93f0c8bab24"><enum>(a)</enum><header>In
general</header><text>Chapter 213 of title 18, United States Code, is amended
by adding at the end the following:</text>
<quoted-block display-inline="no-display-inline" id="id354A9B5321214DF48AC617B6F1484AF2" style="USC">
<section id="ID10c20a0302024c2bba01196d3f4faa8a"><enum>3302.</enum><header>Corruption
offenses</header><text display-inline="no-display-inline">Unless an indictment
is returned or the information is filed against a person within 6 years after
the commission of the offense, a person may not be prosecuted, tried, or
punished for a violation of, or a conspiracy or an attempt to violate the
offense in—</text>
<paragraph id="ID63438a9b6a6b476dadf33da23183804e"><enum>(1)</enum><text>section 201 or
666;</text>
</paragraph><paragraph id="ID9a76e2ddf42440cb9336161df34e765c"><enum>(2)</enum><text>section 1341 or
1343, when charged in conjunction with section 1346 and where the offense
involves a scheme or artifice to deprive another of the intangible right of
honest services of a public official;</text>
</paragraph><paragraph id="IDb62ca0187f584049bcc33eb719d8d854"><enum>(3)</enum><text>section 1951, if
the offense involves extortion under color of official right;</text>
</paragraph><paragraph id="ID64390ab0acd04ff68a830a2f6cb33695"><enum>(4)</enum><text>section 1952, to
the extent that the unlawful activity involves bribery; or</text>
</paragraph><paragraph id="ID0d49106418b64bf1987802460a7123ba"><enum>(5)</enum><text>section 1962, to
the extent that the racketeering activity involves bribery chargeable under
State law, involves a violation of section 201 or 666, section 1341 or 1343,
when charged in conjunction with section 1346 and where the offense involves a
scheme or artifice to deprive another of the intangible right of honest
services of a public official, or section 1951, if the offense involves
extortion under color of official
right.</text>
</paragraph></section><after-quoted-block>.</after-quoted-block></quoted-block>
</subsection><subsection id="IDccdec320e1554e22a5aedb884ebf4514"><enum>(b)</enum><header>Clerical
amendment</header><text>The table of sections at the beginning of chapter 213
of title 18, United States Code, is amended by adding at the end the following
new item:</text>
<quoted-block id="id7bb11c32-bf86-42cf-b70e-02d689dd048e" style="USC">
<toc>
<toc-entry idref="ID10c20a0302024c2bba01196d3f4faa8a" level="section">3302. Corruption
offenses.</toc-entry>
</toc>
<after-quoted-block>.</after-quoted-block></quoted-block>
</subsection><subsection id="IDaa775b7725e84c8084689c2d4ca0d31d"><enum>(c)</enum><header>Application of
amendment</header><text>The amendments made by this section shall not apply to
any offense committed before the date of enactment of this Act.</text>
</subsection></section><section id="ID043f98f8596f43f99fdb5e45b0643894"><enum>208.</enum><header>Increase of
maximum penalties for certain public corruption related offenses</header>
<subsection id="ID138816d45dbf47b0b3358b5c43f5e13e"><enum>(a)</enum><header>Solicitation of
political contributions</header><text>Section 602(a)(4) of title 18, United
States Code, is amended by striking <quote>3 years</quote> and inserting
<quote>5 years</quote>.</text>
</subsection><subsection id="IDb42c46c675b24822a2a24701630d0e79"><enum>(b)</enum><header>Promise of
employment for political activity</header><text>Section 600 of title 18, United
States Code, is amended by striking <quote>one year</quote> and inserting
<quote>3 years</quote>.</text>
</subsection><subsection id="ID7420e73f88e4426daac49dbae9be389d"><enum>(c)</enum><header>Deprivation of
employment for political activity</header><text display-inline="yes-display-inline">Section 601(a) of title 18, United States
Code, is amended by striking <quote>one year</quote> and inserting <quote>3
years</quote>.</text>
</subsection><subsection id="ID4dde91b4373e4189aafae5c7b6d0734a"><enum>(d)</enum><header>Intimidation To
secure political contributions</header><text>Section 606 of title 18, United
States Code, is amended by striking <quote>three years</quote> and inserting
<quote>5 years</quote>.</text>
</subsection><subsection id="IDa0fe821b3f3c4b83bd850ac4f88b93bc"><enum>(e)</enum><header>Solicitation
and acceptance of contributions in Federal offices</header><text>Section
607(a)(2) of title 18, United States Code, is amended by striking <quote>3
years</quote> and inserting <quote>5 years</quote>.</text>
</subsection><subsection id="ID72175d7ecf524c6eb4c558d531eaf495"><enum>(f)</enum><header>Coercion of
political activity by Federal employees</header><text>Section 610 of title 18,
United States Code, is amended by striking <quote>three years</quote> and
inserting <quote>5 years</quote>.</text>
</subsection></section><section id="IDf1df0a37797743dea7fe674cda76e704"><enum>209.</enum><header>Additional
wiretap predicates</header><text display-inline="no-display-inline">Section
2516(1)(c) of title 18, United States Code, is amended—</text>
<paragraph id="ID1d58221d346043c8a666703173f5f8d0"><enum>(1)</enum><text>by inserting
<quote>section 641 (relating to embezzlement or theft of public money,
property, or records), section 666 (relating to theft or bribery concerning
programs receiving Federal funds),</quote> after <quote>section 224 (bribery in
sporting contests),</quote>; and</text>
</paragraph><paragraph id="ID6bac0ba1a4d9446dba2e28228ccb3fb8"><enum>(2)</enum><text>by inserting
<quote>section 1031 (relating to major fraud against the United States)</quote>
after <quote>section 1014 (relating to loans and credit applications generally;
renewals and discounts),</quote>.</text>
</paragraph></section><section id="ID5b871b28eecf456b9e7927684611d57a"><enum>210.</enum><header>Expanding
venue for perjury and obstruction of justice proceedings</header>
<subsection id="ID2dd6d2c357ec4e8d9ae82d233b6b86ae"><enum>(a)</enum><header>In
general</header><text>Section 1512(i) of title 18, United States Code, is
amended to read as follows:</text>
<quoted-block display-inline="no-display-inline" id="idB6B7773622B64FE9ADFC6F36CEC035B3" style="OLC">
<clause id="ID577785346e4f40ee8e4ae5a06b6a1226"><enum>(i)</enum><text>A
prosecution under section 1503, 1504, 1505, 1508, 1509, 1510, or this section
may be brought in the district in which the conduct constituting the alleged
offense occurred or in which the official proceeding (whether or not pending or
about to be instituted) was intended to be
affected.</text>
</clause><after-quoted-block>.</after-quoted-block></quoted-block>
</subsection><subsection id="IDca3eba9cdaa3478eb6f108d0200f027b"><enum>(b)</enum><header>Perjury</header>
<paragraph id="ID7a9e3212aa8b445db9ca2063c17959fa"><enum>(1)</enum><header>In
general</header><text>Chapter 79 of title 18, United States Code, is amended by
adding at the end the following:</text>
<quoted-block display-inline="no-display-inline" id="idA4A188B8833449BF9CE4A73FFFCD8257" style="USC">
<section id="ID5544759cdd324bf38f83e159f4b74f58"><enum>1624.</enum><header>Venue</header><text display-inline="no-display-inline">A prosecution under section 1621(1), 1622
(in regard to subornation of perjury under 1621(1)), or 1623 of this title may
be brought in the district in which the oath, declaration, certificate,
verification, or statement under penalty of perjury is made or in which a
proceeding takes place in connection with the oath, declaration, certificate,
verification, or
statement.</text>
</section><after-quoted-block>.</after-quoted-block></quoted-block>
</paragraph><paragraph id="IDa8552a93f02f4fe1ad4cf809643b6a68"><enum>(2)</enum><header>Clerical
amendment</header><text>The table of sections at the beginning of chapter 79 of
title 18, United States Code, is amended by adding at the end the
following:</text>
<quoted-block id="id84dbe7e4-136f-4acb-b509-b341cdea8ada" style="OLC">
<toc>
<toc-entry idref="ID5544759cdd324bf38f83e159f4b74f58" level="section">1624.
Venue.</toc-entry>
</toc>
<after-quoted-block>.</after-quoted-block></quoted-block>
</paragraph></subsection></section><section id="ID05d36d5b25c54d04b7aa384c79f7137d"><enum>211.</enum><header>Prohibition on
undisclosed self-dealing by public officials</header>
<subsection id="ID2e96e1fd1409431fba8cd0d48f4b4b5d"><enum>(a)</enum><header>In
general</header><text>Chapter 63 of title 18, United States Code, is amended by
inserting after section 1346 the following new section:</text>
<quoted-block display-inline="no-display-inline" id="id8F0A60B95F14403C8BDC651034377F6A" style="USC">
<section id="ID6bbc6690aeb24a819cd1d0fdddcc9206"><enum>1346A.</enum><header>Undisclosed
self-dealing by public officials</header>
<subsection id="ID9a04cc84236a4affaa8330e47f5df3bc"><enum>(a)</enum><header>Undisclosed
self-dealing by public officials</header><text>For purposes of this chapter,
the term <term>scheme or artifice to defraud</term> also includes a scheme or
artifice by a public official to engage in undisclosed self-dealing.</text>
</subsection><subsection id="ID859c2b749c27499b8899f9303a2167ec"><enum>(b)</enum><header>Definitions</header><text>As
used in this section:</text>
<paragraph id="IDfba24deec3574952a31183f13d93be4f"><enum>(1)</enum><header>Official
Act</header><text>The term official act—</text>
<subparagraph id="IDa60a1bb0af1d43579c8ef8bc81ca0d3c"><enum>(A)</enum><text>means any act
within the range of official duty, and any decision or action on any question,
matter, cause, suit, proceeding, or controversy, which may at any time be
pending, or which may by law be brought before any public official, in such
public official’s official capacity or in such official’s place of trust or
profit; and</text>
</subparagraph><subparagraph id="ID186da9117ef64741823248d7ea33b962"><enum>(B)</enum><text>may be a single
act, more than one act, or a course of conduct.</text>
</subparagraph></paragraph><paragraph id="IDa794b19a68e84af29f82f2cbf02ef56e"><enum>(2)</enum><header>Public
official</header><text>The term <term>public official</term> means an officer,
employee, or elected or appointed representative, or person acting for or on be
half of the United States, a State, or a subdivision of a State, or any
department, agency or branch of government thereof, in any official function,
under or by authority of any such department, agency, or branch of
government.</text>
</paragraph><paragraph id="IDad09e4664eed4d5a9bdb99899c18e963"><enum>(3)</enum><header>State</header><text>The
term <term>State</term> includes a State of the United States, the District of
Columbia, and any commonwealth, territory, or possession of the United
States.</text>
</paragraph><paragraph id="ID0c1ef94fe08c4bd0990b2f63e8dac549"><enum>(4)</enum><header>Undisclosed
self-dealing</header><text>The term <term>undisclosed self-dealing</term> means
that—</text>
<subparagraph id="ID0de25affb64848e08326d8a40e629577"><enum>(A)</enum><text>a public official
performs an official act for the purpose, in whole or in material part, of
furthering or benefitting a financial interest, of which the public official
has knowledge, of—</text>
<clause id="ID834bcfb1c3884610baf2aa638e7d6a1f"><enum>(i)</enum><text>the public
official;</text>
</clause><clause id="IDf22c6f2a6b014659b3bf2e030b37d96e"><enum>(ii)</enum><text>the spouse or
minor child of a public official;</text>
</clause><clause id="ID0d7463347fb24b0ab263d89c36d3ed80"><enum>(iii)</enum><text>a general
business partner of the public official;</text>
</clause><clause id="IDaa2dfa81d838461f8db2d39a386fc2b6"><enum>(iv)</enum><text>a business or
organization in which the public official is serving as an employee, officer,
director, trustee, or general partner;</text>
</clause><clause id="ID7c58380e3d6847e086952ebdc2f78b47"><enum>(v)</enum><text>an individual,
business, or organization with whom the public official is negotiating for, or
has any arrangement concerning, prospective employment or financial
compensation; or</text>
</clause><clause id="ID59b8445bf53f48bd9d85cceacc598acf"><enum>(vi)</enum><text>an individual,
business, or organization from whom the public official has received any thing
or things of value, otherwise than as provided by law for the proper discharge
of official duty, or by rule or regulation; and</text>
</clause></subparagraph><subparagraph id="ID8f5cc430d7f9427d8084d1d5781fc4e7"><enum>(B)</enum><text>the public
official knowingly falsifies, conceals, or covers up material information that
is required to be disclosed by any Federal, State, or local statute, rule,
regulation, or charter applicable to the public official, or the knowing
failure of the public official to disclose material information in a manner
that is required by any Federal, State, or local statute, rule, regulation, or
charter applicable to the public official.</text>
</subparagraph></paragraph><paragraph id="ID6403cc9225884656a472478be8ed0087"><enum>(5)</enum><header>Material
information</header><text>The term <term>material information</term> means
information—</text>
<subparagraph id="ID74ed21b64b6e4e428dc2d777f7c740f0"><enum>(A)</enum><text>regarding a
financial interest of a person described in clauses (i) through (iv) paragraph
(4)(A); and</text>
</subparagraph><subparagraph id="ID7e4d0da579224fe8bc781eee4a082ebf"><enum>(B)</enum><text>regarding the
association, connection, or dealings by a public official with an individual,
business, or organization as described in clauses (iii) through (vi) of
paragraph
(4)(A).</text>
</subparagraph></paragraph></subsection></section><after-quoted-block>.</after-quoted-block></quoted-block>
</subsection><subsection id="ID5454953bb6a4470e96b3a93946e11318"><enum>(b)</enum><header>Conforming
amendment</header><text>The table of sections for chapter 63 of title 18,
United States Code, is amended by inserting after the item relating to section
1346 the following new item:</text>
<quoted-block id="idc1fffb40-9bcb-40e1-ab3c-f9fb1b408e66" style="USC">
<toc>
<toc-entry idref="ID6bbc6690aeb24a819cd1d0fdddcc9206" level="section">1346A. Undisclosed self-dealing by public
officials.</toc-entry>
</toc>
<after-quoted-block>.</after-quoted-block></quoted-block>
</subsection><subsection id="ID3bf22a9484c04d06b72f8651aae7cbb1"><enum>(c)</enum><header>Applicability</header><text>The
amendments made by this section apply to acts engaged in on or after the date
of the enactment of this Act.</text>
</subsection></section><section id="ID81551d52fde64f558eb3c7745feb4c1a"><enum>212.</enum><header>Disclosure of
information in complaints against judges</header><text display-inline="no-display-inline">Section 360(a) of title 28, United States
Code, is amended—</text>
<paragraph id="ID04b5a37ac9a048b3813f7597258389dc"><enum>(1)</enum><text>in paragraph (2)
by striking <quote>or</quote>;</text>
</paragraph><paragraph id="ID55343247d5bd4eef88bd69452e355a77"><enum>(2)</enum><text>in paragraph (3),
by striking the period at the end, and inserting <quote>; or</quote>;
and</text>
</paragraph><paragraph id="ID204886dc7a8b4d8cb9ceea75024c97ec"><enum>(3)</enum><text>by inserting
after paragraph (3) the following:</text>
<quoted-block display-inline="no-display-inline" id="id03EE29AEF70545AF96F8A9CCE54832F2" style="OLC">
<paragraph id="ID95a52c62dbb048b5929aed71a9423563"><enum>(4)</enum><text>such disclosure
of information regarding a potential criminal offense is made to the Attorney
General, a Federal, State, or local grand jury, or a Federal, State, or local
law enforcement
agency.</text>
</paragraph><after-quoted-block>.</after-quoted-block></quoted-block>
</paragraph></section><section id="ID124409af92a6463d8c6d44b59f8bac99"><enum>213.</enum><header>Clarification
of exemption in certain bribery offenses</header><text display-inline="no-display-inline">Section 666(c) of title 18, United States
Code, is amended—</text>
<paragraph id="ID00390a22979544aca882e14c090866c3"><enum>(1)</enum><text>by striking
<quote>This section does not apply to</quote>; and</text>
</paragraph><paragraph id="IDc2f879e0270f45d5aa3cd3fadbf897c0"><enum>(2)</enum><text>by inserting
<quote>The term <term>anything of value</term> that is corruptly solicited,
demanded, accepted or agreed to be accepted in subsection (a)(1)(B) or
corruptly given, offered, or agreed to be given in subsection (a)(2) shall not
include,</quote> before <quote>bona fide salary</quote>.</text>
</paragraph></section><section id="IDb46e9400c08c41f4911971b340dbd824"><enum>214.</enum><header>Certifications
regarding appeals by United States</header><text display-inline="no-display-inline">Section 3731 of title 18, United States
Code, is amended by inserting after <quote>United States attorney</quote> the
following: <quote>, Deputy Attorney General, Assistant Attorney General, or the
Attorney General</quote>.</text>
</section>
Passed the Senate February 2,
2012.
Secretary