[Congressional Record (Bound Edition), Volume 158 (2012), Part 1]
[Senate]
[Pages 485-491]
[From the U.S. Government Publishing Office, www.gpo.gov]




                           TEXT OF AMENDMENTS

  SA 1477. Mr. THUNE submitted an amendment intended to be proposed to 
amendment SA 1470 proposed by Mr. Reid (for himself, Mr. Brown of 
Massachusetts, Mr. Lieberman, Ms. Collins, Mrs. Gillibrand, Mr. Levin, 
and Mr. Franken) to the bill S. 2038, to prohibit Members of Congress 
and employees of Congress from using nonpublic information derived from 
their official positions for personal benefit, and for other purposes; 
as follows:

       At the appropriate place, insert the following:

     SEC. _. MODIFICATION OF EXEMPTION.

       (a) Removal of Restriction.--Section 4(2) of the Securities 
     Act of 1933 (15 U.S.C. 77d(2)) is amended by inserting before 
     the period at the end the following: ``, whether or not such 
     transactions involve general solicitation or general 
     advertising''.
       (b) Modification of Rules.--Not later than 90 days after 
     the date of enactment of this Act, the Securities and 
     Exchange Commission shall revise its rules issued in section 
     230.506 of title 17, Code of Federal Regulations, to provide 
     that the prohibition against general solicitation or general 
     advertising contained in section 230.502(c) of such title 
     shall not apply to offers and sales of securities made 
     pursuant to section 230.506, provided that all purchasers of 
     the securities are accredited investors. Such rules shall 
     require the issuer to take reasonable steps to verify that 
     purchasers of the securities are accredited investors, using 
     such methods as determined by the Commission.
                                 ______
                                 
  SA 1478. Mr. BROWN of Ohio submitted an amendment intended to be 
proposed to amendment SA 1470 proposed by Mr. Reid (for himself, Mr. 
Brown of Massachusetts, Mr. Lieberman, Ms. Collins, Mrs. Gillibrand, 
Mr. Levin, and Mr. Franken) to the bill S. 2038, to prohibit Members of 
Congress and employees of Congress from using nonpublic information 
derived from their official positions for personal benefit, and for 
other purposes; as follows:

       On page 6, strike lines 12 through 15, and insert the 
     following:
       ``(j) After any transaction required to be reported under 
     section 102(a)(5)(B), a Member of Congress or officer or 
     employee of Congress shall file a report of the transaction 
     not later than 10 days following the day on which the subject 
     transaction has been executed.''.
       On page 9, line 17, strike ``30'' and insert ``10''.
                                 ______
                                 
  SA 1479. Mr. HELLER submitted an amendment intended to be proposed by 
him to the bill S. 2038, to prohibit Members of Congress and employees 
of Congress from using nonpublic information derived from their 
official positions for personal benefit, and for other purposes; which 
was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. ___. EXTENSION OF PAY FREEZE FOR FEDERAL EMPLOYEES.

       (a) In General.--Section 147 of the Continuing 
     Appropriations Act, 2011 (Public Law 111-242; 5 U.S.C. 5303 
     note) is amended--
       (1) in subsection (b)(1), by striking ``December 31, 2012'' 
     and inserting ``December 31, 2013''; and
       (2) in subsection (c), by striking ``December 31, 2012'' 
     and inserting ``December 31, 2013''.
       (b) Clarification That Freeze Applies to Legislative 
     Branch.--
       (1) Members of congress.--Notwithstanding any other 
     provision of law, no adjustment shall be made under section 
     601(a) of the Legislative Reorganization Act of 1946 (2 
     U.S.C. 31) (relating to cost of living adjustments for 
     Members of Congress) during the period beginning on the first 
     day of the first pay period beginning on or after February 1, 
     2013 and ending on December 31, 2013.
       (2) Legislative branch employees.--
       (A) Definition.--In this paragraph, the term ``legislative 
     branch employee'' means--
       (i) an employee whose pay is disbursed by the Secretary of 
     the Senate or the Chief Administrative Officer of the House 
     of Representatives; and
       (ii) an employee of any agency established in the 
     legislative branch.
       (B) Freeze.--Notwithstanding any other provision of law, no 
     cost of living adjustment required by statute with respect to 
     a legislative branch employee which (but for this 
     subparagraph) would otherwise take effect during the period 
     beginning on the date of enactment of this Act and ending on 
     December 31, 2013 shall be made.
                                 ______
                                 
  SA 1480. Mr. HELLER submitted an amendment intended to be proposed by 
him to the bill S. 2038, to prohibit Members of Congress and employees 
of Congress from using nonpublic information derived from their 
official positions for personal benefit, and for other purposes; which 
was ordered to lie on the table; as follows:

       At the end, add the following:

                      TITLE II--NO BUDGET, NO PAY

     SECTION 201. SHORT TITLE.

       This title may be cited as the ``No Budget, No Pay Act''.

     SEC. 202. DEFINITION.

       In this title, the term ``Member of Congress''--
       (1) has the meaning given under section 2106 of title 5, 
     United States Code; and
       (2) does not include the Vice President.

     SEC. 203. TIMELY APPROVAL OF CONCURRENT RESOLUTION ON THE 
                   BUDGET AND THE APPROPRIATIONS BILLS.

       If both Houses of Congress have not approved a concurrent 
     resolution on the budget as described under section 301 of 
     the Congressional Budget and Impoundment Control Act of 1974 
     (2 U.S.C. 632) for a fiscal year before October 1 of that 
     fiscal year and have not passed all the regular 
     appropriations bills for the next fiscal year before October 
     1 of that fiscal year, the pay of each Member of Congress may 
     not be paid for each day following that October 1 until the 
     date on which both Houses of Congress approve a concurrent 
     resolution on the budget for that fiscal year and all the 
     regular appropriations bills.

     SEC. 204. NO PAY WITHOUT CONCURRENT RESOLUTION ON THE BUDGET 
                   AND THE APPROPRIATIONS BILLS.

       (a) In General.--Notwithstanding any other provision of 
     law, no funds may be appropriated or otherwise be made 
     available from the United States Treasury for the pay of any 
     Member of Congress during any period determined by the 
     Chairpersons of the Committee on the Budget and the Committee 
     on Appropriations of the Senate or the Chairpersons of the 
     Committee on the Budget and the Committee on Appropriations 
     of the House of Representatives under section 205.
       (b) No Retroactive Pay.--A Member of Congress may not 
     receive pay for any period determined by the Chairpersons of 
     the Committee on the Budget and the Committee on 
     Appropriations of the Senate or the Chairpersons of the 
     Committee on the Budget and the Committee on Appropriations 
     of the House of Representatives under section 205, at any 
     time after the end of that period.

     SEC. 205. DETERMINATIONS.

       (a) Senate.--
       (1) Request for certifications.--On October 1 of each year, 
     the Secretary of the Senate shall submit a request to the 
     Chairpersons of the Committee on the Budget and the Committee 
     on Appropriations of the Senate for certification of 
     determinations made

[[Page 486]]

     under subparagraphs (A) and (B) of paragraph (2).
       (2) Determinations.--The Chairpersons of the Committee on 
     the Budget and the Committee on Appropriations of the Senate 
     shall--
       (A) on October 1 of each year, make a determination of 
     whether Congress is in compliance with section 203 and 
     whether Senators may not be paid under that section;
       (B) determine the period of days following each October 1 
     that Senators may not be paid under section 203; and
       (C) provide timely certification of the determinations 
     under subparagraphs (A) and (B) upon the request of the 
     Secretary of the Senate.
       (b) House of Representatives.--
       (1) Request for certifications.--On October 1 of each year, 
     the Chief Administrative Officer of the House of 
     Representatives shall submit a request to the Chairpersons of 
     the Committee on the Budget and the Committee on 
     Appropriations of the House of Representatives for 
     certification of determinations made under subparagraphs (A) 
     and (B) of paragraph (2).
       (2) Determinations.--The Chairpersons of the Committee on 
     the Budget and the Committee on Appropriations of the House 
     of Representatives shall--
       (A) on October 1 of each year, make a determination of 
     whether Congress is in compliance with section 203 and 
     whether Member of the House of Representatives may not be 
     paid under that section;
       (B) determine the period of days following each October 1 
     that Member of the House of Representatives may not be paid 
     under section 203; and
       (C) provide timely certification of the determinations 
     under subparagraph (A) and (B) upon the request of the Chief 
     Administrative Officer of the House of Representatives.

     SEC. 206. EFFECTIVE DATE.

       This title shall take effect on February 1, 2013.
                                 ______
                                 
  SA 1481. Mr. BROWN of Ohio (for himself and Mr. Merkley) proposed an 
amendment to amendment SA 1470 proposed by Mr. Reid (for himself, Mr. 
Brown of Massachusetts, Mr. Lieberman, Ms. Collins, Mrs. Gillibrand, 
Mr. Levin, and Mr. Franken) to the bill S. 2038, to prohibit Members of 
Congress and employees of Congress from using nonpublic information 
derived from their official positions for personal benefit, and for 
other purposes; as follows:

       At the appropriate place, insert the following:

     SEC. __. PUTTING THE PEOPLE'S INTERESTS FIRST ACT OF 2012.

       (a) Short Title.--This section may be cited as the 
     ``Putting the People's Interests First Act of 2012''.
       (b) Eliminating Financial Conflicts of Interest for Members 
     of the Senate.--A covered person shall be prohibited from 
     holding and shall divest themselves of any covered 
     transaction that is directly and reasonably foreseeably 
     affected by the official actions of such covered person, to 
     avoid any conflict of interest, or the appearance thereof. 
     Any divestiture shall occur within a reasonable period of 
     time.
       (c) Definitions.--In this section:
       (1) Securities.--The term ``securities'' has the same 
     meaning as in section 3 of the Securities Exchange Act of 
     1934 (15 U.S.C. 78c).
       (2) Covered person.--The term ``covered person'' means a 
     Member, officer, or employee of the Senate, their spouse, and 
     their dependents.
       (3) Covered transaction.--The term ``covered transaction'' 
     means investment in securities in any company, any comparable 
     economic interest acquired through synthetic means such as 
     the use of derivatives, or short selling any publicly traded 
     securities.
       (4) Short selling.--The term ``short selling'' means 
     entering into a transaction that has the effect of creating a 
     net short position in a publicly traded company.
       (d) Exception.--Nothing in this section shall preclude a 
     covered person from investing in broad-based investments, 
     such as diversified mutual funds and unit investment trusts, 
     sector mutual funds, or employee benefit plans, even if a 
     portion of the funds are invested in a security, so long as 
     the covered person has no control over or knowledge of the 
     management of the investment, other than information made 
     available to the public by the mutual fund.
       (e) Trusts.--
       (1) In general.--On a case-by-case basis, the Select 
     Committee on Ethics may authorize a covered person to place 
     their securities holdings in a qualified blind trust approved 
     by the committee under section 102(f) of the Ethics in 
     Government Act of 1978.
       (2) Blind trust.--A blind trust permitted under this 
     subsection shall meet the criteria in section 102(f)(4)(B) of 
     the Ethics in Government Act of 1978, unless an alternative 
     arrangement is approved by the Select Committee on Ethics.
       (f) Application.--This section does not apply to an 
     individual employed by the Secretary of the Senate, Sergeant 
     at Arms, the Architect of the Capitol, or the Capital Police.
                                 ______
                                 
  SA 1482. Mr. REID (for Mr. Lieberman) proposed an amendment to 
amendment SA 1470 proposed by Mr. Reid (for himself, Mr. Brown of 
Massachusetts, Mr. Lieberman, Ms. Collins, Mrs. Gillibrand, Mr. Levin, 
and Mr. Franken) to the bill S. 2038, to prohibit Members of Congress 
and employees of Congress from using nonpublic information derived from 
their official positions for personal benefit, and for other purposes; 
as follows:

       On page 7, line 22, after ``Reform'' insert ``and the 
     Committee on the Judiciary''.
                                 ______
                                 
  SA 1483. Mr. LEAHY (for himself and Mr. Cornyn) proposed an amendment 
to amendment SA 1470 proposed by Mr. Reid (for himself, Mr. Brown of 
Massachusetts, Mr. Lieberman, Ms. Collins, Mrs. Gillibrand, Mr. Levin, 
and Mr. Franken) to the bill S. 2038, to prohibit Members of Congress 
and employees of Congress from using nonpublic information derived from 
their official positions for personal benefit, and for other purposes; 
as follows:

       At the end, add the following:

          TITLE II--PUBLIC CORRUPTION PROSECUTION IMPROVEMENTS

     SEC. 201. SHORT TITLE.

       This title may be cited as the ``Public Corruption 
     Prosecution Improvements Act of 2012''.

     SEC. 202. VENUE FOR FEDERAL OFFENSES.

       (a) In General.--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: ``or in 
     any district in which an act in furtherance of the offense is 
     committed''.
       (b) Section Heading.--The heading for section 3237 of title 
     18, United States Code, is amended to read as follows:

     ``SEC. 3237. OFFENSE TAKING PLACE IN MORE THAN ONE 
                   DISTRICT.''.

       (c) Table of Sections.--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:

``Sec. 3237. Offense taking place in more than one district.''.

     SEC. 203. THEFT OR BRIBERY CONCERNING PROGRAMS RECEIVING 
                   FEDERAL FINANCIAL ASSISTANCE.

       Section 666(a) of title 18, United States Code, is 
     amended--
       (1) by striking ``10 years'' and inserting ``20 years'';
       (2) by striking ``$5,000'' the second place and the third 
     place it appears and inserting ``$1,000'';
       (3) by striking ``anything of value'' each place it appears 
     and inserting ``any thing or things of value''; and
       (4) in paragraph (1)(B), by inserting after ``anything'' 
     the following: ``or things''.

     SEC. 204. PENALTY FOR SECTION 641 VIOLATIONS.

       Section 641 of title 18, United States Code, is amended by 
     striking ``ten years'' and inserting ``15 years''.

     SEC. 205. BRIBERY AND GRAFT; CLARIFICATION OF DEFINITION OF 
                   ``OFFICIAL ACT''; CLARIFICATION OF THE CRIME OF 
                   ILLEGAL GRATUITIES.

       (a) Definition.--Section 201(a) of title 18, United States 
     Code, is amended--
       (1) in paragraph (2), by striking ``and'' at the end;
       (2) by amending paragraph (3) to read as follows:
       ``(3) the term `official act'--
       ``(A) 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
       ``(B) may be a single act, more than 1 act, or a course of 
     conduct; and''; and
       (3) by adding at the end the following:
       ``(4) the term `rule or regulation' 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.''.
       (b) Clarification.--Section 201(c)(1) of title 18, United 
     States Code, is amended to read as follows:
       ``(1) otherwise than as provided by law for the proper 
     discharge of official duty, or by rule or regulation--
       ``(A) 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;
       ``(B) 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;

[[Page 487]]

       ``(C) 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
       ``(D) 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;''.

     SEC. 206. AMENDMENT OF THE SENTENCING GUIDELINES RELATING TO 
                   CERTAIN CRIMES.

       (a) Directive to Sentencing Commission.--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.
       (b) Requirements.--In carrying out this subsection, the 
     Commission shall--
       (1) 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;
       (2) consider the extent to which the guidelines may or may 
     not appropriately account for--
       (A) the potential and actual harm to the public and the 
     amount of any loss resulting from the offense;
       (B) the level of sophistication and planning involved in 
     the offense;
       (C) whether the offense was committed for purposes of 
     commercial advantage or private financial benefit;
       (D) whether the defendant acted with intent to cause either 
     physical or property harm in committing the offense;
       (E) 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
       (F) 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;
       (3) assure reasonable consistency with other relevant 
     directives and with other sentencing guidelines;
       (4) account for any additional aggravating or mitigating 
     circumstances that might justify exceptions to the generally 
     applicable sentencing ranges;
       (5) make any necessary conforming changes to the sentencing 
     guidelines; and
       (6) assure that the guidelines adequately meet the purposes 
     of sentencing as set forth in section 3553(a)(2) of title 18, 
     United States Code.

     SEC. 207. EXTENSION OF STATUTE OF LIMITATIONS FOR SERIOUS 
                   PUBLIC CORRUPTION OFFENSES.

       (a) In General.--Chapter 213 of title 18, United States 
     Code, is amended by adding at the end the following:

     ``Sec. 3302. Corruption offenses

       ``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--
       ``(1) section 201 or 666;
       ``(2) 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;
       ``(3) section 1951, if the offense involves extortion under 
     color of official right;
       ``(4) section 1952, to the extent that the unlawful 
     activity involves bribery; or
       ``(5) 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.''.
       (b) Clerical Amendment.--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:

``3302. Corruption offenses.''.

       (c) Application of Amendment.--The amendments made by this 
     section shall not apply to any offense committed before the 
     date of enactment of this Act.

     SEC. 208. INCREASE OF MAXIMUM PENALTIES FOR CERTAIN PUBLIC 
                   CORRUPTION RELATED OFFENSES.

       (a) Solicitation of Political Contributions.--Section 
     602(a)(4) of title 18, United States Code, is amended by 
     striking ``3 years'' and inserting ``5 years''.
       (b) Promise of Employment for Political Activity.--Section 
     600 of title 18, United States Code, is amended by striking 
     ``one year'' and inserting ``3 years''.
       (c) Deprivation of Employment for Political Activity.--
     Section 601(a) of title 18, United States Code, is amended by 
     striking ``one year'' and inserting ``3 years''.
       (d) Intimidation To Secure Political Contributions.--
     Section 606 of title 18, United States Code, is amended by 
     striking ``three years'' and inserting ``5 years''.
       (e) Solicitation and Acceptance of Contributions in Federal 
     Offices.--Section 607(a)(2) of title 18, United States Code, 
     is amended by striking ``3 years'' and inserting ``5 years''.
       (f) Coercion of Political Activity by Federal Employees.--
     Section 610 of title 18, United States Code, is amended by 
     striking ``three years'' and inserting ``5 years''.

     SEC. 209. ADDITIONAL WIRETAP PREDICATES.

       Section 2516(1)(c) of title 18, United States Code, is 
     amended--
       (1) by inserting ``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),'' after ``section 224 (bribery in sporting 
     contests),''; and
       (2) by inserting ``section 1031 (relating to major fraud 
     against the United States)'' after ``section 1014 (relating 
     to loans and credit applications generally; renewals and 
     discounts),''.

     SEC. 210. EXPANDING VENUE FOR PERJURY AND OBSTRUCTION OF 
                   JUSTICE PROCEEDINGS.

       (a) In General.--Section 1512(i) of title 18, United States 
     Code, is amended to read as follows:
       ``(i) 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.''.
       (b) Perjury.--
       (1) In general.--Chapter 79 of title 18, United States 
     Code, is amended by adding at the end the following:

     ``Sec. 1624. Venue

       ``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.''.
       (2) Clerical amendment.--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:

``1624. Venue.''.

     SEC. 211. PROHIBITION ON UNDISCLOSED SELF-DEALING BY PUBLIC 
                   OFFICIALS.

       (a) In General.--Chapter 63 of title 18, United States 
     Code, is amended by inserting after section 1346 the 
     following new section:

     ``Sec. 1346A. Undisclosed self-dealing by public officials

       ``(a) Undisclosed Self-dealing by Public Officials.--For 
     purposes of this chapter, the term `scheme or artifice to 
     defraud' also includes a scheme or artifice by a public 
     official to engage in undisclosed self-dealing.
       ``(b) Definitions.--As used in this section:
       ``(1) Official act.--The term official act--
       ``(A) 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
       ``(B) may be a single act, more than one act, or a course 
     of conduct.
       ``(2) Public official.--The term `public official' means an 
     officer, employee, or elected or appointed representative, or 
     person acting for or on behalf 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.
       ``(3) State.--The term `State' includes a State of the 
     United States, the District of Columbia, and any 
     commonwealth, territory, or possession of the United States.
       ``(4) Undisclosed self-dealing.--The term `undisclosed 
     self-dealing' means that--
       ``(A) 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--
       ``(i) the public official;
       ``(ii) the spouse or minor child of a public official;
       ``(iii) a general business partner of the public official;
       ``(iv) a business or organization in which the public 
     official is serving as an employee, officer, director, 
     trustee, or general partner;
       ``(v) an individual, business, or organization with whom 
     the public official is negotiating for, or has any 
     arrangement concerning, prospective employment or financial 
     compensation; or

[[Page 488]]

       ``(vi) 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
       ``(B) 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.
       ``(5) Material information.--The term `material 
     information' means information--
       ``(A) regarding a financial interest of a person described 
     in clauses (i) through (iv) paragraph (4)(A); and
       ``(B) 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).''.
       (b) Conforming Amendment.--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:

``1346A. Undisclosed self-dealing by public officials.''.

       (c) Applicability.--The amendments made by this section 
     apply to acts engaged in on or after the date of the 
     enactment of this Act.

     SEC. 212. DISCLOSURE OF INFORMATION IN COMPLAINTS AGAINST 
                   JUDGES.

       Section 360(a) of title 28, United States Code, is 
     amended--
       (1) in paragraph (2) by striking ``or'';
       (2) in paragraph (3), by striking the period at the end, 
     and inserting ``; or''; and
       (3) by inserting after paragraph (3) the following:
       ``(4) 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.''.

     SEC. 213. CLARIFICATION OF EXEMPTION IN CERTAIN BRIBERY 
                   OFFENSES.

       Section 666(c) of title 18, United States Code, is 
     amended--
       (1) by striking ``This section does not apply to''; and
       (2) by inserting ``The term `anything of value' 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,'' before ``bona fide salary''.

     SEC. 214. CERTIFICATIONS REGARDING APPEALS BY UNITED STATES.

       Section 3731 of title 18, United States Code, is amended by 
     inserting after ``United States attorney'' the following: ``, 
     Deputy Attorney General, Assistant Attorney General, or the 
     Attorney General''.
                                 ______
                                 
  SA 1484. Mr. PAUL submitted an amendment intended to be proposed to 
amendment SA 1470 proposed by Mr. Reid (for himself, Mr. Brown of 
Massachusetts, Mr. Lieberman, Ms. Collins, Mrs. Gillibrand, Mr. Levin, 
and Mr. Franken) to the bill S. 2038, to prohibit Members of Congress 
and employees of Congress from using nonpublic information derived from 
their official positions for personal benefit, and for other purposes; 
as follows:

       Strike all after the enacting clause and insert the 
     following:

     SECTION 1. MEMBER CERTIFICATION.

       Section 102(a) of the Ethics in Government Act of 1978 is 
     amended by inserting at the end the following:
       ``(9)(A) A statement (as provided in subparagraph (B)) 
     certifying that financial transactions included in the report 
     filed pursuant to section 101 (d) and (e) were not made on 
     the basis of non-public information.
       ``(B) The certification required by this paragraph is as 
     follows: `I hereby certify that the financial transactions 
     reflected in this disclosure form were not made on the basis 
     of material, non-public information.'''.

     SEC. 2. USE OF NONPUBLIC INFORMATION AND INSIDER TRADING BY 
                   CONGRESS AND FEDERAL EMPLOYEES.

       A Member, officer, or employee of Congress, a Federal 
     employee (as defined in section 2105), including the 
     President, the Vice President, and an employee of the United 
     States Postal Service or the Postal Regulatory Commission, 
     and a judicial officer are not exempt from and is fully 
     subject to the prohibitions arising under section 10(b) of 
     the Securities Exchange Act of 1934 and Rule 10b-5 
     thereunder, including the insider trading prohibitions.
                                 ______
                                 
  SA 1485. Mr. PAUL submitted an amendment intended to be proposed to 
amendment SA 1470 proposed by Mr. Reid (for himself, Mr. Brown of 
Massachusetts, Mr. Lieberman, Ms. Collins, Mrs. Gillibrand, Mr. Levin, 
and Mr. Franken) to the bill S. 2038, to prohibit Members of Congress 
and employees of Congress from using nonpublic information derived from 
their official positions for personal benefit, and for other purposes; 
as follows:

       Strike section 6 and insert the following:

     SEC. 6. PROMPT REPORTING OF FINANCIAL TRANSACTIONS.

       (a) Reporting Requirement.--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), a Member of 
     Congress or officer or employee of Congress, a Federal 
     employee (as defined in section 2105), including the 
     President, the Vice President, and an employee of the United 
     States Postal Service or the Postal Regulatory Commission, 
     and a judicial officer shall file a report of the 
     transaction.''.
       (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 enactment of this Act.
                                 ______
                                 
  SA 1486. Mr. CORKER submitted an amendment intended to be proposed by 
him to the bill S. 2038, to prohibit Members of Congress and employees 
of Congress from using nonpublic information derived from their 
official positions for personal benefit, and for other purposes; which 
was ordered to lie on the table; as follows:

       At the end, insert the following:

     SEC. ___. PROHIBITION AGAINST A FEDERAL PROGRAM OF MORTGAGE 
                   PRINCIPAL REDUCTION.

       Part 3 of subtitle A of the Federal Housing Enterprise 
     Financial Safety and Soundness Act of 1992 (12 U.S.C. 4601 et 
     seq.) is amended by adding at the end the following:

     ``SEC. 1357. NO FEDERAL BAILOUTS OF RECKLESS BORROWERS.

       ``It shall be unlawful for the Federal Government to reduce 
     the principal of mortgage loans that are held in mortgage-
     backed securities of the Federal National Mortgage 
     Association or the Federal Home Loan Mortgage Corporation.

     ``SEC. 1358. STATES BEAR THEIR OWN COSTS.

       ``On or before the date that is 6 months after the date of 
     enactment of this section, the Director shall develop a 
     program that--
       ``(1) conforms to all existing pooling and servicing 
     agreements of the enterprises on all outstanding mortgage-
     backed securities held by the enterprises;
       ``(2) allows for individual States to purchase whole loans 
     out of mortgage-backed securities held by the enterprises for 
     the purposes of reducing principal or performing other loan 
     modifications, as determined appropriate by each individual 
     State;
       ``(3) ensures that the Federal Government is paid at least 
     par, or 100 cents on the dollar, for all whole loans sold out 
     of mortgage-backed securities held by the enterprises to 
     individual States for the purpose of performing loan 
     modifications; and
       ``(4) ensures that the Federal Government is reimbursed by 
     individual States for the entire cost of such program, 
     including administrative costs, so that no cost is borne 
     whatsoever by the Federal Government.''.
                                 ______
                                 
  SA 1487. Mr. PAUL proposed an amendment to amendment SA 1470 proposed 
by Mr. Reid (for himself, Mr. Brown of Massachusetts, Mr. Lieberman, 
Ms. Collins, Mrs. Gillibrand, Mr. Levin, and Mr. Franken) to the bill 
S. 2038, to prohibit Members of Congress and employees of Congress from 
using nonpublic information derived from their official positions for 
personal benefit, and for other purposes; as follows:

       At the appropriate place, insert the following:

     SEC. ___. LIMITATION ON EXECUTIVE BRANCH OFFICERS AND 
                   EMPLOYEES INVOLVEMENT IN MATTERS INVOLVING 
                   FINANCIAL INTEREST.

       The Ethics in Government Act of 1978 (5 U.S.C. App) is 
     amended by adding at the end the following:

   ``TITLE VI--GOVERNMENT-WIDE LIMITATION ON INVOLVEMENT IN MATTERS 
                      INVOLVING FINANCIAL INTEREST

     ``SEC. 601. LIMITATION ON INVOLVEMENT.

       ``(a) Definitions.--In this section--
       ``(1) the term `Executive agency' has the meaning given 
     that term in section 105 of title 5, United States Code;
       ``(2) the term `equity interest' includes stock, a stock 
     option, and any other ownership interest;
       ``(3) the term `immediate family member' has the meaning 
     given that term in section 115 of title 18, United States 
     Code;
       ``(4) the term `remuneration' includes salary and any 
     payment for services not otherwise identified as salary, such 
     as consulting fees, honoraria, and paid authorship; and
       ``(5) the term `significant financial interest', relating 
     to an individual, means--
       ``(A) with regard to any publicly traded entity, that the 
     sum of the fair market value of any remuneration received by 
     the individual from the entity during the most recent 2-year 
     period and the fair market value of any

[[Page 489]]

     equity interest of the individual in the entity is more than 
     $5,000; and
       ``(B) with regard to any entity that is not publically 
     traded--
       ``(i) that the fair market value of any remuneration 
     received by the individual from the entity during the most 
     recent 2-year period is more than $5,000; or
       ``(ii) that the individual has an equity interest in the 
     entity.
       ``(b) Limitation.--An individual may not hold a position as 
     an officer or employee of an Executive agency in which the 
     individual would have oversight, rule-making, loan, or grant-
     making authority--
       ``(1) over any entity in which the individual or the spouse 
     or other immediate family member of the individual has a 
     significant financial interest; or
       ``(2) the exercise of which could affect the intellectual 
     property rights of the individual or the spouse or other 
     immediate family member of the individual.''.
                                 ______
                                 
  SA 1488. Mr. DeMINT (for himself, and Mr. Vitter) proposed an 
amendment to amendment SA 1470 proposed by Mr. Reid (for himself, Mr. 
Brown of Massachusetts, Mr. Lieberman, Ms. Collins, Mrs. Gillibrand, 
Mr. Levin, and Mr. Franken) to the bill S. 2038, to prohibit Members of 
Congress and employees of Congress from using nonpublic information 
derived from their official positions for personal benefit, and for 
other purposes; as follows:

       At the appropriate place, insert the following:

     SEC. ___. SENSE OF THE SENATE.

       It is the sense of the Senate that the Senate should pass a 
     joint resolution proposing an amendment to the Constitution 
     that limits the number of terms a Member of Congress may 
     serve.
                                 ______
                                 
  SA 1489. Mrs. BOXER (for herself, and Mr. Isakson) submitted an 
amendment intended to be proposed by her to the bill S. 2038, to 
prohibit Members of Congress and employees of Congress from using 
nonpublic information derived from their official positions for 
personal benefit, and for other purposes; which was ordered to lie on 
the table; as follows:

       At the end, add the following:

     SECTION 9. REQUIRING MORTGAGE DISCLOSURE.

       Section 102(a)(4)(A) of the Ethics in Government Act of 
     1978 (5 U.S.C. App) is amended by inserting after ``spouse'' 
     the following: ``, except that this exception shall not apply 
     to a reporting individual described in section 101(f)(9)''.
                                 ______
                                 
  SA 1490. Mr. PAUL submitted an amendment intended to be proposed to 
amendment SA 1470 proposed by Mr. Reid (for himself, Mr. Brown of 
Massachusetts, Mr. Lieberman, Ms. Collins, Mrs. Gillibrand, Mr. Levin, 
and Mr. Franken) to the bill S. 2038, to prohibit Members of Congress 
and employees of Congress from using nonpublic information derived from 
their official positions for personal benefit, and for other purposes; 
as follows:

       At the appropriate place, insert the following:

     SEC. __. FORFEITURE OF CREDIT FOR SERVICE AS A MEMBER IF 
                   FORMER MEMBERS OF CONGRESS BECOME LOBBYISTS.

       (a) Definitions.--In this section--
       (1) the term ``creditable service'' means service that is 
     creditable under chapter 83 or 84 of title 5, United States 
     Code;
       (2) the term ``lobbyist'' has the meaning given that term 
     in section 3 of the Lobbying Disclosure Act of 1995 (2 U.S.C. 
     1602);
       (3) the term ``Member of Congress'' has the meaning given 
     that term in section 2106 of title 5, United States Code; and
       (4) the term ``remuneration'' includes salary and any 
     payment for services not otherwise identified as salary, such 
     as consulting fees, honoraria, and paid authorship.
       (b) Forfeiture of Credit for Service.--Any service as a 
     Member of Congress shall not be creditable service if the 
     Member of Congress, after serving as a Member of Congress--
       (1) becomes a registered lobbyist;
       (2) accepts any remuneration from a company or other 
     private entity that employs registered lobbyists; or
       (3) accepts any remuneration from a company or other 
     private entity that does business with the Federal 
     Government.
                                 ______
                                 
  SA 1491. Mr. SHELBY submitted an amendment intended to be proposed by 
him to the bill S. 2038, to prohibit Members of Congress and employees 
of Congress from using nonpublic information derived from their 
official positions for personal benefit, and for other purposes; which 
was ordered to lie on the table; as follows:

       On page 7, line 7, strike ``a'' and insert ``each officer 
     or employee as referred to in subsection (f), including 
     each''.
       On page 7, line 8 insert a comma after ``employee of 
     Congress''.
       At the end, insert the following:

     ``SEC. 11. PROMPT REPORTING AND PUBLIC FILING OF FINANCIAL 
                   TRANSACTIONS FOR EXECUTIVE BRANCH.

       ``Each agency or department of the Executive branch and 
     each independent agency shall comply with the provisions of 
     section 8 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.''.
                                 ______
                                 
  SA 1492. Mr. TESTER (for himself and Mr. Toomey) submitted an 
amendment intended to be proposed by him to the bill S. 2038, to 
prohibit Members of Congress and employees of Congress from using 
nonpublic information derived from their official positions for 
personal benefit, and for other purposes; which was ordered to lie on 
the table; as follows:

       At the end, insert the following:

     SEC. ___. SMALL COMPANY CAPITAL FORMATION ACT OF 2012.

       (a) Short Title.--This section may be cited as the ``Small 
     Company Capital Formation Act of 2012''.
       (b) Authority to Exempt Certain Securities.--
       (1) In general.--Section 3(b) of the Securities Act of 1933 
     (15 U.S.C. 77c(b)) is amended--
       (A) by striking ``(b) The Commission'' and inserting the 
     following:
       ``(2) Additional exemptions.--
       ``(A) Small issues exemptive authority.--The Commission''; 
     and
       (B) by adding at the end the following:
       ``(B) Additional issues.--The Commission shall by rule or 
     regulation add a class of securities to the securities 
     exempted pursuant to this section in accordance with the 
     following terms and conditions:
       ``(i) The aggregate offering amount of all securities 
     offered and sold within the prior 12-month period in reliance 
     on the exemption added in accordance with this paragraph 
     shall not exceed $50,000,000.
       ``(ii) The securities may be offered and sold publicly.
       ``(iii) The securities shall not be restricted securities 
     within the meaning of the Federal securities laws and the 
     regulations promulgated thereunder.
       ``(iv) The civil liability provision in section 12(a)(2) 
     shall apply to any person offering or selling such 
     securities.
       ``(v) The issuer may solicit interest in the offering prior 
     to filing any offering statement, on such terms and 
     conditions as the Commission may prescribe in the public 
     interest or for the protection of investors.
       ``(vi) The Commission shall require the issuer to file 
     audited financial statements with the Commission annually.
       ``(vii) Such other terms, conditions, or requirements as 
     the Commission may determine necessary in the public interest 
     and for the protection of investors, which may include--

       ``(I) a requirement that the issuer prepare and 
     electronically file with the Commission and distribute to 
     prospective investors an offering statement, and any related 
     documents, in such form and with such content as prescribed 
     by the Commission, including audited financial statements and 
     a description of the issuer's business operations, its 
     financial condition, its corporate governance principles, its 
     use of investor funds, and other appropriate matters; and
       ``(II) disqualification provisions under which the 
     exemption shall not be available to the issuer or its 
     predecessors, affiliates, officers, directors, underwriters, 
     or other related persons, which shall be substantially 
     similar to the disqualification provisions contained in the 
     regulations adopted in accordance with section 926 of the 
     Dodd-Frank Wall Street Reform and Consumer Protection Act (15 
     U.S.C. 77d note).

       ``(C) Limitation.--Only the following types of securities 
     may be exempted under a rule or regulation adopted pursuant 
     to paragraph (2): equity securities, debt securities, and 
     debt securities convertible or exchangeable to equity 
     interests, including any guarantees of such securities.
       ``(D) Periodic disclosures.--Upon such terms and conditions 
     as the Commission determines necessary in the public interest 
     and for the protection of investors, the Commission by rule 
     or regulation may require an issuer of a class of securities 
     exempted under paragraph (2) to make available to investors 
     and file with the Commission periodic disclosures regarding 
     the issuer, its business operations, its financial condition, 
     its corporate governance principles, its use of investor 
     funds, and other appropriate matters, and also may provide 
     for the suspension and termination of such a requirement with 
     respect to that issuer.
       ``(E) Adjustment.--Not later than 2 years after the date of 
     enactment of the Small Company Capital Formation Act of 2011 
     and every 2 years thereafter, the Commission shall review the 
     offering amount limitation described in paragraph (2)(A) and 
     shall increase such amount as the Commission determines 
     appropriate. If the Commission determines not to increase 
     such amount, it

[[Page 490]]

     shall report to the Committee on Financial Services of the 
     House of Representatives and the Committee on Banking, 
     Housing, and Urban Affairs of the Senate on its reasons for 
     not increasing the amount.''.
       (2) Treatment as covered securities for purposes of 
     nsmia.--Section 18(b)(4) of the Securities Act of 1933 (15 
     U.S.C. 77r(b)(4)) is amended--
       (A) in subparagraph (C), by striking ``; or'' at the end 
     and inserting a semicolon; and
       (B) by redesignating subparagraph (D) as subparagraph (E), 
     and inserting after subparagraph (C) the following:
       ``(d) a rule or regulation adopted pursuant to section 
     3(b)(2) and such security is--

       ``(I) offered or sold on a national securities exchange; or
       ``(II) offered or sold to a qualified purchaser as defined 
     by the Commission pursuant to paragraph (3) with respect to 
     that purchase or sale.''.

       (3) Conforming amendment.--Section 4(5) of the Securities 
     Act of 1933 is amended by striking ``section 3(b)'' and 
     inserting ``section 3(b)(1)''.
       (c) Study on the Impact of State Blue Sky Laws on 
     Regulation a Offerings.--Not later than 3 months after the 
     date of enactment of this Act, the Comptroller General 
     shall--
       (1) conduct a study on the impact of State laws regulating 
     securities offerings (commonly referred to as ``Blue Sky 
     laws'') on offerings made under Regulation A (17 C.F.R. 
     230.251 et seq.); and
       (A) transmit a report on the findings of the study to the 
     Committee on Financial Services of the House of 
     Representatives and the Committee on Banking, Housing, and 
     Urban Affairs of the Senate.
                                 ______
                                 
  SA 1493. Mr. GRASSLEY submitted an amendment intended to be proposed 
by him to the bill S. 2038, to prohibit Members of Congress and 
employees of Congress from using nonpublic information derived from 
their official positions for personal benefit, and for other purposes; 
which was ordered to lie on the table; as follows:

       At the end of the bill, insert the following:

     SEC. __. DISCLOSURE OF POLITICAL INTELLIGENCE ACTIVITIES 
                   UNDER LOBBYING DISCLOSURE ACT.

       (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'' 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 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 such contacts and efforts 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 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) Exception.--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 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 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 
     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)--
       (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 Enforcement.--Section 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) Rules of Construction.--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 Officials.--
     Section 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

[[Page 491]]

       (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 General.--
     Section 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''.
                                 ______
                                 
  SA 1494. Mr. WYDEN submitted an amendment intended to be proposed to 
amendment SA 1470 proposed by Mr. Reid (for himself, Mr. Brown of 
Massachusetts, Mr. Lieberman, Ms. Collins, Mrs. Gillibrand, Mr. Levin, 
and Mr. Franken) to the bill S. 2038, to prohibit Members of Congress 
and employees of Congress from using nonpublic information derived from 
their official positions for personal benefit, and for other purposes; 
which was ordered to lie on the table; as follows:

       On page 7, strike lines 6 through 9 and insert the 
     following:
       ``(j) Not later than 30 days after any transaction required 
     to be reported under section 102(a)(5)(B), a Member of 
     Congress or officer or employee of Congress, executive branch 
     employee, and any non-military individual appointed by the 
     President shall file a report of the transaction.''.
       At the end of the amendment, insert the following:

     SEC. 10. EXECUTIVE BRANCH REPORTING.

       Not later than 2 years after the date of enactment of this 
     Act, the Office of Personnel Management shall establish a 
     central reporting database that complies with the 
     requirements of section 8 for all agencies and departments of 
     the Executive branch and each independent agency.
                                 ______
                                 
  SA 1495. Mr. UDALL of Colorado (for Mr. Inouye) proposed an amendment 
to the resolution S. Res. 286, recognizing May 16, 2012, as Hereditary 
Angioedema Awareness Day and expressing the sense of the Senate that 
more research and treatments are needed for Hereditary Angioedema; as 
follows:
       Beginning on page 3, strike line 8 and all that follows 
     through line 18 on page 4 and insert the following: ``the 
     public.''.

                          ____________________