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[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[S. 2038 Engrossed in Senate (ES)]

112th CONGRESS
  2d Session
                                S. 2038

_______________________________________________________________________

                                 AN ACT

 
 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.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Stop Trading on Congressional 
Knowledge Act of 2012'' or the ``STOCK Act''.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Member of congress.--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) Employee of congress.--The term ``employee of 
        Congress'' means--
                    (A) an employee of the Senate; or
                    (B) an employee of the House of Representatives.
            (3) Executive branch employee.--The 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) Judicial officer.--The term ``judicial officer'' has 
        the meaning given that term under section 109(10) of the Ethics 
        in Government Act of 1978.

SEC. 3. PROHIBITION OF THE USE OF NONPUBLIC INFORMATION FOR PRIVATE 
              PROFIT.

    The 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.

SEC. 4. PROHIBITION OF INSIDER TRADING.

    (a) Affirmation of Non-exemption.--Members 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) Duty.--
            (1) Purpose.--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) Amendment.--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) In general.--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) Definitions.--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) Rule of construction.--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.''.

SEC. 5. CONFORMING CHANGES TO THE COMMODITY EXCHANGE ACT.

    Section 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''.

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), 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) 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.

SEC. 7. REPORT ON POLITICAL INTELLIGENCE ACTIVITIES.

    (a) Report.--
            (1) In general.--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) Contents.--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) Definition.--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.

SEC. 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) In general.--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) Extensions.--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) Reporting transactions.--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) Expiration.--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) In general.--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) Login.--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) Public availability.--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) Filers covered.--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) Extensions.--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) Additional time.--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) Recordkeeping.--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.''.

SEC. 9. OTHER FEDERAL OFFICIALS.

    (a) Prohibition of the Use of Nonpublic Information for Private 
Profit.--
            (1) Executive branch employees.--The 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) Judicial officers.--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-exemption.--Executive 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) Duty.--
                    (A) Purpose.--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) Amendment.--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) In general.--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) Definitions.--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) Rule of construction.--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.''.

SEC. 10. RULE OF CONSTRUCTION.

    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.

SEC. 11. EXECUTIVE BRANCH REPORTING.

    Not 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.

SEC. 12. PROMPT REPORTING AND PUBLIC FILING OF FINANCIAL TRANSACTIONS 
              FOR EXECUTIVE BRANCH.

    (a) Transaction Reporting.--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) Public Availability.--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.

SECTION 13. REQUIRING MORTGAGE DISCLOSURE.

    Section 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''.

SEC. 14. TRANSACTION REPORTING REQUIREMENTS.

    The 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.

SEC. 15. APPLICATION TO OTHER ELECTED OFFICIALS AND CRIMINAL OFFENSES.

    (a) Application to Other Elected Officials.--
            (1) Civil service retirement system.--Section 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 system.--Section 
        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) Criminal Offenses.--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).''.

SEC. 16. LIMITATION ON BONUSES TO EXECUTIVES OF FANNIE MAE AND FREDDIE 
              MAC.

    Notwithstanding 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.

SEC. 17. 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
                    (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''.

          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;
                    ``(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 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.
            ``(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
                            ``(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''.

            Passed the Senate February 2, 2012.

            Attest:

                                                             Secretary.
112th CONGRESS

  2d Session

                                S. 2038

_______________________________________________________________________

                                 AN ACT

 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.
```