[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[S. 3625 Considered and Passed Senate (CPS)]

112th CONGRESS
  2d Session
                                S. 3625

 To change the effective date for the internet publication of certain 
information to prevent harm to the national security or endangering the 
   military officers and civilian employees to whom the publication 
              requirement applies, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

           September 22 (legislative day, September 21), 2012

 Mr. Lieberman (for himself and Ms. Collins) introduced the following 
bill; which was read twice, considered, read the third time, and passed

_______________________________________________________________________

                                 A BILL


 
 To change the effective date for the internet publication of certain 
information to prevent harm to the national security or endangering the 
   military officers and civilian employees to whom the publication 
              requirement applies, 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. CHANGED EFFECTIVE DATE FOR FINANCIAL DISCLOSURE FORMS OF 
              CERTAIN OFFICERS AND EMPLOYEES.

    (a) In General.--Except with respect to financial disclosure forms 
filed by officers and employees referred to in subsection (b), section 
8(a)(1) and section 11(a)(1) of the STOCK Act (5 U.S.C. App. 105 note) 
shall take effect on December 8, 2012.
    (b) Financial Disclosure Forms Not Subject to New Effective Date.--
Financial disclosure forms filed by the following individuals shall not 
be subject to the effective date under this section:
            (1) The President.
            (2) The Vice President.
            (3) Any Member of Congress.
            (4) Any candidate for Congress.
            (5) Any officer occupying a position listed in section 5312 
        or section 5313 of title 5, United States Code, having been 
        nominated by the President and confirmed by the Senate to that 
        position.

SEC. 2. STUDY AND REPORT.

    (a) In General.--Not later than 30 days after the date of enactment 
of this Act, the Director of the Office of Personnel Management shall 
contract with the National Academy of Public Administration (referred 
to in this section as the ``National Academy'') to--
            (1) conduct a study of issues raised by website publication 
        of financial disclosure forms as is required under the STOCK 
        Act (Public Law 112-105; 126 Stat. 291); and
            (2) issue a report containing findings and recommendations.
    (b) Scope of Study.--The study conducted under subsection (a)(1) 
shall--
            (1) examine the nature, scope, and degree of risk, 
        including risk of harm to national security, law enforcement, 
        or other Federal missions and risk of endangerment, including 
        to personal safety and security, financial security (such as 
        through identity theft), and privacy, of officers and employees 
        and their family members, that may be posed by website and 
        other publication of financial disclosure forms and associated 
        personal information;
            (2) examine any harm that may have arisen from the current 
        online availability of financial disclosure forms and 
        associated personal information of employees of the legislative 
        branch, including any harm to national security, law 
        enforcement, or other Federal missions and any endangerment 
        that may have occurred, including to personal safety and 
        security, financial security (such as through identity theft), 
        and privacy, of such legislative branch officers and employees 
        or their family members; and
            (3) include any other analysis that the National Academy 
        believes is necessary or desirable on the topic of the study.
    (c) Report.--Not later than 6 months after the date of enactment of 
this Act, the National Academy shall submit to Congress and the 
President a report that contains--
            (1) the findings of the study conducted under subsection 
        (a)(1);
            (2) recommendations for ways to avoid or mitigate the risks 
        identified in the study conducted under subsection (a)(1), 
        consistent with the goal of providing appropriate public 
        disclosure of potential conflicts of interest or instances of 
        insider trading by Federal officers or employees; and
            (3) any other recommendations that the National Academy 
        believes are necessary or desirable.

SEC. 3. PERIODIC TRANSACTION REPORTS FOR TRANSACTIONS OF SPOUSES AND 
              CHILDREN.

    (a) In General.--
            (1) Date reporting requirement commences in house of 
        representatives and executive branch.--Section 2 of the Act 
        entitled ``An Act to prevent harm to the national security or 
        endangering the military officers and civilian employees to 
        whom internet publication of certain information applies, and 
        for other purposes'', approved August 16, 2012 (5 U.S.C. App. 
        103 note), is amended by striking ``September 30, 2012'' and 
        inserting ``January 1, 2013''.
            (2) Extension to executive branch.--Section 2 of the Act 
        entitled ``An Act to prevent harm to the national security or 
        endangering the military officers and civilian employees to 
        whom internet publication of certain information applies, and 
        for other purposes'', approved August 16, 2012 (5 U.S.C. App. 
        103 note), is amended by striking ``for reporting individuals'' 
        and all that follows through ``House of Representatives''.
            (3) Technical and conforming amendment.--Section 2 of the 
        Act entitled ``An Act to prevent harm to the national security 
        or endangering the military officers and civilian employees to 
        whom internet publication of certain information applies, and 
        for other purposes'', approved August 16, 2012 (5 U.S.C. App. 
        103 note), is amended by striking ``such section 101'' and 
        inserting ``section 101 of such Act (5 U.S.C. App. 101)''.
    (b) Effective Date; Rule of Construction.--
            (1) Effective date.--The amendments made by subsection (a) 
        shall take effect on January 1, 2013.
            (2) Rule of construction.--Before January 1, 2013, the 
        amendments made by subsection (a) shall not affect the 
        applicability of section 2 of the Act entitled ``An Act to 
        prevent harm to the national security or endangering the 
        military officers and civilian employees to whom internet 
        publication of certain information applies, and for other 
        purposes'', approved August 16, 2012 (5 U.S.C. App. 103 note), 
        as in effect on the day before the effective date under 
        paragraph (1).
    (c) Savings Clause.--Nothing in the amendments made by subsection 
(a) shall be construed as affecting any requirement with respect to the 
House of Representatives or the executive branch in effect before 
January 1, 2013, with respect to the inclusion of transaction 
information for a report under section 103(l) of the Ethics in 
Government Act of 1978 (5 U.S.C. App. 103(l)).
    (d) No Change to Existing Senate Requirements.--Nothing in this 
section or the amendments made this section shall be construed as 
affecting the requirement that took effect with respect to the Senate 
on July 3, 2012, which mandates the inclusion of transaction 
information for spouses and dependent children for a report under 
section 103(l) of the Ethics in Government Act of 1978 (5 U.S.C. App. 
103(l)).
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