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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 
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1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Stop Trading on Con3 gressional Knowledge Act of 2012’’ or the ‘‘STOCK Act’’. 

4 SEC. 2. DEFINITIONS. 

5 In this Act: 

6 (1) MEMBER OF CONGRESS.—The term ‘‘Mem7 ber of Congress’’ means a member of the Senate or 

8 House of Representatives, a Delegate to the House 

9 of Representatives, and the Resident Commissioner 

10 from Puerto Rico. 

11 (2) EMPLOYEE OF CONGRESS.—The term ‘‘em12 ployee of Congress’’ means— 

13 (A) an employee of the Senate; or 

14 (B) an employee of the House of Rep15 resentatives. 

16 (3) EXECUTIVE BRANCH EMPLOYEE.—The 

17 term ‘‘executive branch employee’’— 

18 (A) has the meaning given the term ‘‘em19 ployee’’ under section 2105 of title 5, United 

20 States Code; and 

21 (B) includes— 

22 (i) the President; 

23 (ii) the Vice President; and 

24 (iii) an employee of the United States 

25 Postal Service or the Postal Regulatory 

26 Commission. 
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1 (4) JUDICIAL OFFICER.—The term ‘‘judicial of2 ficer’’ has the meaning given that term under sec3 tion 109(10) of the Ethics in Government Act of 

4 1978. 

5 SEC. 3. PROHIBITION OF THE USE OF NONPUBLIC INFOR6 MATION FOR PRIVATE PROFIT. 

7 The Select Committee on Ethics of the Senate and 

8 the Committee on Standards of Official Conduct of the 

9 House of Representatives shall issue interpretive guidance 

10 of the relevant rules of each chamber, including rules on 

11 conflicts of interest and gifts, clarifying that a Member 

12 of Congress and an employee of Congress may not use 

13 nonpublic information derived from such person’s position 

14 as a Member of Congress or employee of Congress or 

15 gained from the performance of such person’s official re16 sponsibilities as a means for making a private profit. 

17 SEC. 4. PROHIBITION OF INSIDER TRADING. 

18 (a) AFFIRMATION OF NON-EXEMPTION.—Members of 

19 Congress and employees of Congress are not exempt from 

20 the insider trading prohibitions arising under the securi21 ties laws, including section 10(b) of the Securities Ex22 change Act of 1934 and Rule 10b–5 thereunder. 

23 (b) DUTY.— 

24 (1) PURPOSE.—The purpose of the amendment 

25 made by this subsection is to affirm a duty arising 
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1 from a relationship of trust and confidence owed by 

2 each Member of Congress and each employee of 

3 Congress. 

4 (2) AMENDMENT.—Section 21A of the Securi5 ties Exchange Act of 1934 (15 U.S.C. 78u–1) is 

6 amended by adding at the end the following: 

7 ‘‘(g) DUTY OF MEMBERS AND EMPLOYEES OF CON8 GRESS.— 

9 ‘‘(1) IN GENERAL.—For purposes of the insider 

10 trading prohibitions arising under the securities 

11 laws, including section 10(b) and Rule 10b–5 there12 under, each Member of Congress or employee of 

13 Congress owes a duty arising from a relationship of 

14 trust and confidence to the Congress, the United 

15 States Government, and the citizens of the United 

16 States with respect to material, nonpublic informa17 tion derived from such person’s position as a Mem18 ber of Congress or employee of Congress or gained 

19 from the performance of such person’s official re20 sponsibilities. 

21 ‘‘(2) DEFINITIONS.—In this subsection— 

22 ‘‘(A) the term ‘Member of Congress’ 

23 means a member of the Senate or House of 

24 Representatives, a Delegate to the House of 
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1 Representatives, and the Resident Commis2 sioner from Puerto Rico; and 

3 ‘‘(B) the term ‘employee of Congress’ 

4 means— 

5 ‘‘(i) an employee of the Senate; or 

6 ‘‘(ii) an employee of the House of 

7 Representatives. 

8 ‘‘(3) RULE OF CONSTRUCTION.—Nothing in 

9 this subsection shall be construed to impair or limit 

10 the construction of the existing antifraud provisions 

11 of the securities laws or the authority of the Com12 mission under those provisions.’’. 

13 SEC. 5. CONFORMING CHANGES TO THE COMMODITY EX14 CHANGE ACT. 

15 Section 4c(a) of the Commodity Exchange Act (7 

16 U.S.C. 6c(a)) is amended— 

17 (1) in paragraph (3), in the matter preceding 

18 subparagraph (A)— 

19 (A) by inserting ‘‘or any Member of Con20 gress or employee of Congress (defined in this 

21 subsection as those terms are defined in section 

22 2 of the Stop Trading on Congressional Knowl23 edge Act of 2012)’’ after ‘‘Federal Govern24 ment,’’ the first place it appears; 
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1 (B) by inserting ‘‘Member,’’ after ‘‘position 

2 of the’’; and 

3 (C) by inserting ‘‘or by Congress’’ before 

4 ‘‘in a manner’’; and 

5 (2) in paragraph (4)— 

6 (A) in subparagraph (A), in the matter 

7 preceding clause (i)— 

8 (i) by inserting ‘‘or any Member of 

9 Congress or employee of Congress’’ after 

10 ‘‘Federal Government,’’ the first place it 

11 appears; 

12 (ii) by inserting ‘‘Member,’’ after ‘‘po13 sition of the’’; and 

14 (iii) by inserting ‘‘or by Congress’’ be15 fore ‘‘in a manner’’; 

16 (B) in subparagraph (B), in the matter 

17 preceding clause (i), by inserting ‘‘or any Mem18 ber of Congress or employee of Congress’’ after 

19 ‘‘Federal Government,’’; and 

20 (C) in subparagraph (C)— 

21 (i) in the matter preceding clause (i), 

22 by inserting ‘‘or by Congress’’— 

23 (I) before ‘‘that may affect’’; and 

24 (II) before ‘‘in a manner’’; and 
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1 (ii) in clause (iii), by inserting ‘‘to 

2 Congress, or any Member of Congress or 

3 employee of Congress’’ after ‘‘Federal Gov4 ernment’’. 

5 SEC. 6. PROMPT REPORTING OF FINANCIAL TRANS6 ACTIONS. 

7 (a) REPORTING REQUIREMENT.—Section 101 of the 

8 Ethics in Government Act of 1978 is amended by adding 

9 at the end the following subsection: 

10 ‘‘(j) Not later than 30 days after any transaction re11 quired to be reported under section 102(a)(5)(B), the fol12 lowing persons, if required to file a report under any other 

13 subsection of this section subject to any waivers and exclu14 sions, shall file a report of the transaction: 

15 ‘‘(1) A Member of Congress. 

16 ‘‘(2) An officer or employee of Congress re17 quired to file a report under this section. 

18 ‘‘(3) The President. 

19 ‘‘(4) The Vice President. 

20 ‘‘(5) Each employee appointed to a position in 

21 the executive branch, the appointment to which re22 quires advice and consent of the Senate, except 

23 for— 

24 ‘‘(A) an individual appointed to a posi25 tion— 
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1 ‘‘(i) as a Foreign Service Officer 

2 below the rank of ambassador; or 

3 ‘‘(ii) in the uniformed services for 

4 which the pay grade prescribed by section 

5 201 of title 37, United States Code is O– 

6 6 or below; or 

7 ‘‘(B) a special government employee, as de8 fined under section 202 of title 18, United 

9 States Code. 

10 ‘‘(6) Any employee in a position in the executive 

11 branch who is a noncareer appointee in the Senior 

12 Executive Service (as defined under section 

13 3132(a)(7) of title 5, United States Code) or a simi14 lar personnel system for senior employees in the ex15 ecutive branch, such as the Senior Foreign Service, 

16 except that the Director of the Office of Government 

17 Ethics may, by regulation, exclude from the applica18 tion of this paragraph any individual, or group of in19 dividuals, who are in such positions, but only in 

20 cases in which the Director determines such exclu21 sion would not affect adversely the integrity of the 

22 Government or the public’s confidence in the integ23 rity of the Government. 

24 ‘‘(7) The Director of the Office of Government 

25 Ethics. 
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1 ‘‘(8) Any civilian employee, not described in 

2 paragraph (5), employed in the Executive Office of 

3 the President (other than a special government em4 ployee) who holds a commission of appointment from 

5 the President.’’. 

6 (b) EFFECTIVE DATE.—The amendment made by 

7 subsection (a) shall apply to transactions occurring on or 

8 after the date that is 90 days after the date of enactment 

9 of this Act. 

10 SEC. 7. REPORT ON POLITICAL INTELLIGENCE ACTIVITIES. 

11 (a) REPORT.— 

12 (1) IN GENERAL.—Not later than 12 months 

13 after the date of enactment of this Act, the Comp14 troller General of the United States, in consultation 

15 with the Congressional Research Service, shall sub16 mit to the Committee on Homeland Security and 

17 Governmental Affairs of the Senate and the Com18 mittee on Oversight and Government Reform and 

19 the Committee on the Judiciary of the House of 

20 Representatives a report on the role of political intel21 ligence in the financial markets. 

22 (2) CONTENTS.—The report required by this 

23 section shall include a discussion of— 
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1 (A) what is known about the prevalence of 

2 the sale of political intelligence and the extent 

3 to which investors rely on such information; 

4 (B) what is known about the effect that 

5 the sale of political intelligence may have on the 

6 financial markets; 

7 (C) the extent to which information which 

8 is being sold would be considered non-public in9 formation; 

10 (D) the legal and ethical issues that may 

11 be raised by the sale of political intelligence; 

12 (E) any benefits from imposing disclosure 

13 requirements on those who engage in political 

14 intelligence activities; and 

15 (F) any legal and practical issues that may 

16 be raised by the imposition of disclosure re17 quirements on those who engage in political in18 telligence activities. 

19 (b) DEFINITION.—For purposes of this section, the 

20 term ‘‘political intelligence’’ shall mean information that 

21 is— 

22 (1) derived by a person from direct communica23 tions with an executive branch employee, a Member 

24 of Congress, or an employee of Congress; and 
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1 (2) provided in exchange for financial com2 pensation to a client who intends, and who is known 

3 to intend, to use the information to inform invest4 ment decisions. 

5 SEC. 8. PUBLIC FILING AND DISCLOSURE OF FINANCIAL 

6 DISCLOSURE FORMS OF MEMBERS OF CON7 GRESS AND CONGRESSIONAL STAFF. 

8 (a) PUBLIC, ON-LINE DISCLOSURE OF FINANCIAL

9 DISCLOSURE FORMS OF MEMBERS OF CONGRESS AND

10 CONGRESSIONAL STAFF.— 

11 (1) IN GENERAL.—Not later than August 31, 

12 2012, or 90 days after the date of enactment of this 

13 Act, whichever is later, the Secretary of the Senate 

14 and the Sergeant at Arms of the Senate, and the 

15 Clerk of the House of Representatives, shall ensure 

16 that financial disclosure forms filed by Members of 

17 Congress, officers of the House and Senate, can18 didates for Congress, and employees of the Senate 

19 and the House of Representatives in calendar year 

20 2012 and in subsequent years pursuant to title I of 

21 the Ethics in Government Act of 1978 are made 

22 available to the public on the respective official 

23 websites of the Senate and the House of Representa24 tives not later than 30 days after such forms are 

25 filed. 
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1 (2) EXTENSIONS.—The existing protocol allow2 ing for extension requests for financial disclosures 

3 shall be retained. Notices of extension for financial 

4 disclosure shall be made available electronically 

5 under this subsection along with its related disclo6 sure. 

7 (3) REPORTING TRANSACTIONS.—In the case of 

8 a transaction disclosure required by section 101(j) of 

9 the Ethics in Government Act of 1978, as added by 

10 this Act, such disclosures shall be filed not later 

11 than 30 days after the transaction. Notices of exten12 sion for transaction disclosure shall be made avail13 able electronically under this subsection along with 

14 its related disclosure. 

15 (4) EXPIRATION.—The requirements of this 

16 subsection shall expire upon implementation of the 

17 public disclosure system established under subsection 

18 (b). 

19 (b) ELECTRONIC FILING AND ON-LINE PUBLIC

20 AVAILABILITY OF FINANCIAL DISCLOSURE FORMS OF

21 MEMBERS OF CONGRESS, OFFICERS OF THE HOUSE AND

22 SENATE, AND CONGRESSIONAL STAFF.— 

23 (1) IN GENERAL.—Subject to paragraph (6) 

24 and not later than 18 months after the date of en25 actment of this Act, the Secretary of the Senate and 
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1 the Sergeant at Arms of the Senate and the Clerk 

2 of the House of Representatives shall develop sys3 tems to enable— 

4 (A) electronic filing of reports received by 

5 them pursuant to section 103(h)(1)(A) of title 

6 I of the Ethics in Government Act of 1978; and 

7 (B) public access to financial disclosure re8 ports filed by Members of Congress, Officers of 

9 the House and Senate, candidates for Congress, 

10 and employees of the Senate and House of Rep11 resentatives, as well as reports of a transaction 

12 disclosure required by section 101(j) of the Eth13 ics in Government Act of 1978, as added by 

14 this Act, notices of extensions, amendments and 

15 blind trusts, pursuant to title I of the Ethics in 

16 Government Act of 1978 through databases 

17 that— 

18 (i) are maintained on the official 

19 websites of the House of Representatives 

20 and the Senate; and 

21 (ii) allow the public to search, sort 

22 and download data contained in the re23 ports. 

24 (2) LOGIN.—No login shall be required to 

25 search or sort the data contained in the reports 
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1 made available by this subsection. A login protocol 

2 with the name of the user shall be utilized by a per3 son downloading data contained in the reports. For 

4 purposes of filings under this section, section 

5 105(b)(2) of the Ethics in Government Act of 1978 

6 does not apply. 

7 (3) PUBLIC AVAILABILITY.—Pursuant to sec8 tion 105(b)(1) of title I of the Ethics in Government 

9 Act of 1978, electronic availability on the official 

10 websites of the Senate and the House of Representa11 tives under this subsection shall be deemed to have 

12 met the public availability requirement. 

13 (4) FILERS COVERED.—Individuals required 

14 under the Ethics in Government Act of 1978 or the 

15 Senate Rules to file financial disclosure reports with 

16 the Secretary of the Senate or the Clerk of the 

17 House shall file reports electronically using the sys18 tems developed by the Secretary of the Senate, the 

19 Sergeant at Arms of the Senate, and the Clerk of 

20 the House. 

21 (5) EXTENSIONS.—The existing protocol allow22 ing for extension requests for financial disclosures 

23 shall be retained for purposes of this subsection. No24 tices of extension for financial disclosure shall be 
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1 made available electronically under this subsection 

2 along with its related disclosure. 

3 (6) ADDITIONAL TIME.—The requirements of 

4 this subsection may be implemented after the date 

5 provided in paragraph (1) if the Secretary of the 

6 Senate or the Clerk of the House identify in writing 

7 to relevant congressional committees an additional 

8 amount of time needed. 

9 (c) RECORDKEEPING.—Section 105(d) of the Ethics 

10 in Government Act of 1978 is amended to read as follows: 

11 ‘‘(d)(1) Any report filed with or transmitted to an 

12 agency or supervising ethics office or to the Clerk of the 

13 House of Representatives or the Secretary of the Senate 

14 pursuant to this title shall be retained by such agency or 

15 office or by the Clerk or the Secretary of the Senate, as 

16 the case may be. 

17 ‘‘(2) Such report shall be made available to the pub18 lic— 

19 ‘‘(A) in the case of a Member of Congress until 

20 a date that is 6 years from the date the individual 

21 ceases to be a Member of Congress; and 

22 ‘‘(B) in the case of all other reports filed pursu23 ant to this title, for a period of six years after re24 ceipt of the report. 
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1 ‘‘(3) After the relevant time period identified under 

2 paragraph (2), the report shall be destroyed unless needed 

3 in an ongoing investigation, except that in the case of an 

4 individual who filed the report pursuant to section 101(b) 

5 and was not subsequently confirmed by the Senate, or who 

6 filed the report pursuant to section 101(c) and was not 

7 subsequently elected, such reports shall be destroyed 1 

8 year after the individual either is no longer under consid9 eration by the Senate or is no longer a candidate for nomi10 nation or election to the Office of President, Vice Presi11 dent, or as a Member of Congress, unless needed in an 

12 ongoing investigation or inquiry.’’. 

13 SEC. 9. OTHER FEDERAL OFFICIALS. 

14 (a) PROHIBITION OF THE USE OF NONPUBLIC IN15 FORMATION FOR PRIVATE PROFIT.— 

16 (1) EXECUTIVE BRANCH EMPLOYEES.—The Of17 fice of Government Ethics shall issue such interpre18 tive guidance of the relevant Federal ethics statutes 

19 and regulations, including the Standards of Ethical 

20 Conduct for executive branch employees, related to 

21 use of nonpublic information, as necessary to clarify 

22 that no executive branch employee may use non-pub23 lic information derived from such person’s position 

24 as an executive branch employee or gained from the 
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1 performance of such person’s official responsibilities 

2 as a means for making a private profit. 

3 (2) JUDICIAL OFFICERS.—The Judicial Con4 ference of the United States shall issue such inter5 pretive guidance of the relevant ethics rules applica6 ble to Federal judges, including the Code of Conduct 

7 for United States Judges, as necessary to clarify 

8 that no judicial officer may use non-public informa9 tion derived from such person’s position as a judicial 

10 officer or gained from the performance of such per11 son’s official responsibilities as a means for making 

12 a private profit. 

13 (b) APPLICATION OF INSIDER TRADING LAWS.— 

14 (1) AFFIRMATION OF NON-EXEMPTION.—Exec15 utive branch employees and judicial officers are not 

16 exempt from the insider trading prohibitions arising 

17 under the securities laws, including section 10(b) of 

18 the Securities Exchange Act of 1934 and Rule 10b– 

19 5 thereunder. 

20 (2) DUTY.— 

21 (A) PURPOSE.—The purpose of the 

22 amendment made by this paragraph is to affirm 

23 a duty arising from a relationship of trust and 

24 confidence owed by each executive branch em25 ployee and judicial officer. 
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1 (B) AMENDMENT.—Section 21A of the Se2 curities Exchange Act of 1934 (15 U.S.C. 78u– 

3 1), as amended by this Act, is amended by add4 ing at the end the following: 

5 ‘‘(h) DUTY OF OTHER FEDERAL OFFICIALS.— 

6 ‘‘(1) IN GENERAL.—For purposes of the insider 

7 trading prohibitions arising under the securities 

8 laws, including section 10(b), and Rule 10b–5 there9 under, each executive branch employee and each ju10 dicial officer owes a duty arising from a relationship 

11 of trust and confidence to the United States Govern12 ment and the citizens of the United States with re13 spect to material, nonpublic information derived 

14 from such person’s position as an executive branch 

15 employee or judicial officer or gained from the per16 formance of such person’s official responsibilities. 

17 ‘‘(2) DEFINITIONS.—In this subsection— 

18 ‘‘(A) the term ‘executive branch em19 ployee’— 

20 ‘‘(i) has the meaning given the term 

21 ‘employee’ under section 2105 of title 5, 

22 United States Code; 

23 ‘‘(ii) includes— 

24 ‘‘(I) the President; 

25 ‘‘(II) the Vice President; and 
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1 ‘‘(III) an employee of the United 

2 States Postal Service or the Postal 

3 Regulatory Commission; and 

4 ‘‘(B) the term ‘judicial officer’ has the 

5 meaning given that term under section 109(10) 

6 of the Ethics in Government Act of 1978. 

7 ‘‘(3) RULE OF CONSTRUCTION.—Nothing in 

8 this subsection shall be construed to impair or limit 

9 the construction of the existing antifraud provisions 

10 of the securities laws or the authority of the Com11 mission under those provisions.’’. 

12 SEC. 10. RULE OF CONSTRUCTION. 

13 Nothing in this Act, the amendments made by this 

14 Act, or the interpretive guidance to be issued pursuant 

15 to sections 3 and 9 of this Act, shall be construed to— 

16 (1) impair or limit the construction of the anti17 fraud provisions of the securities laws or the Com18 modities Exchange Act or the authority of the Secu19 rities and Exchange Commission or the Commodity 

20 Futures Trading Commission under those provi21 sions; 

22 (2) be in derogation of the obligations, duties 

23 and functions of a Member of Congress, an employee 

24 of Congress, an executive branch employee or a judi-
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1 cial officer, arising from such person’s official posi2 tion; or 

3 (3) be in derogation of existing laws, regula4 tions or ethical obligations governing Members of 

5 Congress, employees of Congress, executive branch 

6 employees or judicial officers. 

7 SEC. 11. EXECUTIVE BRANCH REPORTING. 

8 Not later than 2 years after the date of enactment 

9 of this Act, the President shall— 

10 (1) ensure that financial disclosure forms filed 

11 by officers and employees referred to in section 

12 101(j) of the Ethics in Government Act of 1978 (5 

13 U.S.C. App.) are made available to the public as re14 quired by section 8(a) on appropriate official 

15 websites of agencies of the executive branch; and 

16 (2) develop systems to enable electronic filing 

17 and public access, as required by section 8(b), to the 

18 financial disclosure forms of such individuals. 

19 SEC. 12. PROMPT REPORTING AND PUBLIC FILING OF FI20 NANCIAL TRANSACTIONS FOR EXECUTIVE 

21 BRANCH. 

22 (a) TRANSACTION REPORTING.—Each agency or de23 partment of the Executive branch and each independent 

24 agency shall comply with the provisions of sections 6 with 

25 respect to any of such agency, department or independent 
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1 agency’s officers and employees that are subject to the dis2 closure provisions under the Ethics in Government Act of 

3 1978. 

4 (b) PUBLIC AVAILABILITY.—Not later than 2 years 

5 after the date of enactment of this Act, each agency or 

6 department of the Executive branch and each independent 

7 agency shall comply with the provisions of section 8, ex8 cept that the provisions of section 8 shall not apply to 

9 a member of a uniformed service for which the pay grade 

10 prescribed by section 201 of title 37, United States Code 

11 is O–6 or below. 

12 SECTION 13. REQUIRING MORTGAGE DISCLOSURE. 

13 Section 102(a)(4)(A) of the Ethics in Government 

14 Act of 1978 (5 U.S.C. App) is amended by striking 

15 ‘‘spouse; and’’ and inserting the following: ‘‘spouse, except 

16 that this exception shall not apply to a reporting indi17 vidual— 

18 ‘‘(i) described in paragraph (1), (2), 

19 or (9) of section 101(f); 

20 ‘‘(ii) described in section 101(b) who 

21 has been nominated for appointment as an 

22 officer or employee in the executive branch 

23 described in subsection (f) of such section, 

24 other than— 
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1 ‘‘(I) an individual appointed to a 

2 position— 

3 ‘‘(aa) as a Foreign Service 

4 Officer below the rank of ambas5 sador; or 

6 ‘‘(bb) in the uniformed serv7 ices for which the pay grade pre8 scribed by section 201 of title 37, 

9 United States Code is O–6 or 

10 below; or 

11 ‘‘(II) a special government em12 ployee, as defined under section 202 

13 of title 18, United States Code; or 

14 ‘‘(iii) described in section 101(f) who 

15 is in a position in the executive branch the 

16 appointment to which is made by the 

17 President and requires advice and consent 

18 of the Senate, other than— 

19 ‘‘(I) an individual appointed to a 

20 position— 

21 ‘‘(aa) as a Foreign Service 

22 Officer below the rank of ambas23 sador; or 

24 ‘‘(bb) in the uniformed serv25 ices for which the pay grade pre-
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1 scribed by section 201 of title 37, 

2 United States Code is O–6 or 

3 below; or 

4 ‘‘(II) a special government em5 ployee, as defined under section 202 

6 of title 18, United States Code; and’’. 

7 SEC. 14. TRANSACTION REPORTING REQUIREMENTS. 

8 The transaction reporting requirements established 

9 by section 101(j) of the Ethics in Government Act of 

10 1978, as added by section 6 of this Act, shall not be con11 strued to apply to a widely held investment fund (whether 

12 such fund is a mutual fund, regulated investment com13 pany, pension or deferred compensation plan, or other in14 vestment fund), if— 

15 (1)(A) the fund is publicly traded; or 

16 (B) the assets of the fund are widely diversified; 

17 and 

18 (2) the reporting individual neither exercises 

19 control over nor has the ability to exercise control 

20 over the financial interests held by the fund. 

21 SEC. 15. APPLICATION TO OTHER ELECTED OFFICIALS AND 

22 CRIMINAL OFFENSES. 

23 (a) APPLICATION TO OTHER ELECTED OFFICIALS.— 
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1 (1) CIVIL SERVICE RETIREMENT SYSTEM.—Sec2 tion 8332(o)(2)(A) of title 5, United States Code, is 

3 amended— 

4 (A) in clause (i), by inserting ‘‘, the Presi5 dent, the Vice President, or an elected official 

6 of a State or local government’’ after ‘‘Mem7 ber’’; and 

8 (B) in clause (ii), by inserting ‘‘, the Presi9 dent, the Vice President, or an elected official 

10 of a State or local government’’ after ‘‘Mem11 ber’’. 

12 (2) FEDERAL EMPLOYEES RETIREMENT SYS13 TEM.—Section 8411(l)(2) of title 5, United States 

14 Code, is amended— 

15 (A) in subparagraph (A), by inserting ‘‘, 

16 the President, the Vice President, or an elected 

17 official of a State or local government’’ after 

18 ‘‘Member’’; and 

19 (B) in subparagraph (B), by inserting ‘‘, 

20 the President, the Vice President, or an elected 

21 official of a State or local government’’ after 

22 ‘‘Member’’. 

23 (b) CRIMINAL OFFENSES.—Section 8332(o)(2) of 

24 title 5, United States Code, is amended— 
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1 (1) in subparagraph (A), by striking clause (iii) 

2 and inserting the following: 

3 ‘‘(iii) The offense— 

4 ‘‘(I) is committed after the date 

5 of enactment of this subsection and— 

6 ‘‘(aa) is described under 

7 subparagraph (B)(i), (iv), (xvi), 

8 (xix), (xxiii), (xxiv), or (xxvi); or 

9 ‘‘(bb) is described under 

10 subparagraph (B)(xxix), (xxx), or 

11 (xxxi), but only with respect to 

12 an offense described under sub13 paragraph (B)(i), (iv), (xvi), 

14 (xix), (xxiii), (xxiv), or (xxvi); or 

15 ‘‘(II) is committed after the date 

16 of enactment of the STOCK Act 

17 and— 

18 ‘‘(aa) is described under 

19 subparagraph (B)(ii), (iii), (v), 

20 (vi), (vii), (viii), (ix), (x), (xi), 

21 (xii), (xiii), (xiv), (xv), (xvii), 

22 (xviii), (xx), (xxi), (xxii), (xxv), 

23 (xxvii), or (xxviii); or 

24 ‘‘(bb) is described under 

25 subparagraph (B)(xxix), (xxx), or 
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1 (xxxi), but only with respect to 

2 an offense described under sub3 paragraph (B)(ii), (iii), (v), (vi), 

4 (vii), (viii), (ix), (x), (xi), (xii), 

5 (xiii), (xiv), (xv), (xvii), (xviii), 

6 (xx), (xxi), (xxii), (xxv), (xxvii), 

7 or (xxviii).’’; and 

8 (2) by striking subparagraph (B) and inserting 

9 the following: 

10 ‘‘(B) An offense described in this subpara11 graph is only the following, and only to the ex12 tent that the offense is a felony: 

13 ‘‘(i) An offense under section 201 of 

14 title 18 (relating to bribery of public offi15 cials and witnesses). 

16 ‘‘(ii) An offense under section 203 of 

17 title 18 (relating to compensation to Mem18 ber of Congress, officers, and others in 

19 matters affecting the Government). 

20 ‘‘(iii) An offense under section 204 of 

21 title 18 (relating to practice in the United 

22 States Court of Federal Claims or the 

23 United States Court of Appeals for the 

24 Federal Circuit by Member of Congress). 
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1 ‘‘(iv) An offense under section 219 of 

2 title 18 (relating to officers and employees 

3 acting as agents of foreign principals). 

4 ‘‘(v) An offense under section 286 of 

5 title 18 (relating to conspiracy to defraud 

6 the Government with respect to claims). 

7 ‘‘(vi) An offense under section 287 of 

8 title 18 (relating to false, fictitious or 

9 fraudulent claims). 

10 ‘‘(vii) An offense under section 597 of 

11 title 18 (relating to expenditures to influ12 ence voting). 

13 ‘‘(viii) An offense under section 599 

14 of title 18 (relating to promise of appoint15 ment by candidate). 

16 ‘‘(ix) An offense under section 602 of 

17 title 18 (relating to solicitation of political 

18 contributions). 

19 ‘‘(x) An offense under section 606 of 

20 title 18 (relating to intimidation to secure 

21 political contributions). 

22 ‘‘(xi) An offense under section 607 of 

23 title 18 (relating to place of solicitation). 
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1 ‘‘(xii) An offense under section 641 of 

2 title 18 (relating to public money, property 

3 or records). 

4 ‘‘(xiii) An offense under section 666 

5 of title 18 (relating to theft or bribery con6 cerning programs receiving Federal funds). 

7 ‘‘(xiv) An offense under section 1001 

8 of title 18 (relating to statements or en9 tries generally). 

10 ‘‘(xv) An offense under section 1341 

11 of title 18 (relating to frauds and swindles, 

12 including as part of a scheme to deprive 

13 citizens of honest services thereby). 

14 ‘‘(xvi) An offense under section 1343 

15 of title 18 (relating to fraud by wire, radio, 

16 or television, including as part of a scheme 

17 to deprive citizens of honest services there18 by). 

19 ‘‘(xvii) An offense under section 1503 

20 of title 18 (relating to influencing or injur21 ing officer or juror). 

22 ‘‘(xviii) An offense under section 1505 

23 of title 18 (relating to obstruction of pro24 ceedings before departments, agencies, and 

25 committees). 
29 

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1 ‘‘(xix) An offense under section 1512 

2 of title 18 (relating to tampering with a 

3 witness, victim, or an informant). 

4 ‘‘(xx) An offense under section 1951 

5 of title 18 (relating to interference with 

6 commerce by threats of violence). 

7 ‘‘(xxi) An offense under section 1952 

8 of title 18 (relating to interstate and for9 eign travel or transportation in aid of rack10 eteering enterprises). 

11 ‘‘(xxii) An offense under section 1956 

12 of title 18 (relating to laundering of mone13 tary instruments). 

14 ‘‘(xxiii) An offense under section 1957 

15 of title 18 (relating to engaging in mone16 tary transactions in property derived from 

17 specified unlawful activity). 

18 ‘‘(xxiv) An offense under chapter 96 

19 of title 18 (relating to racketeer influenced 

20 and corrupt organizations). 

21 ‘‘(xxv) An offense under section 7201 

22 of the Internal Revenue Code of 1986 (re23 lating to attempt to evade or defeat tax). 

24 ‘‘(xxvi) An offense under section 

25 104(a) of the Foreign Corrupt Practices 
30 

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1 Act of 1977 (relating to prohibited foreign 

2 trade practices by domestic concerns). 

3 ‘‘(xxvii) An offense under section 

4 10(b) of the Securities Exchange Act of 

5 1934 (relating to fraud, manipulation, or 

6 insider trading of securities). 

7 ‘‘(xxviii) An offense under section 

8 4c(a) of the Commodity Exchange Act (7 

9 U.S.C. 6c(a)) (relating to fraud, manipula10 tion, or insider trading of commodities). 

11 ‘‘(xxix) An offense under section 371 

12 of title 18 (relating to conspiracy to com13 mit offense or to defraud United States), 

14 to the extent of any conspiracy to commit 

15 an act which constitutes— 

16 ‘‘(I) an offense under clause (i), 

17 (ii), (iii), (iv), (v), (vi), (vii), (viii), 

18 (ix), (x), (xi), (xii), (xiii), (xiv), (xv), 

19 (xvi), (xvii), (xviii), (xix), (xx), (xxi), 

20 (xxii), (xxiii), (xxiv), (xxv), (xxvi), 

21 (xxvii), or (xxviii); or 

22 ‘‘(II) an offense under section 

23 207 of title 18 (relating to restrictions 

24 on former officers, employees, and 
31 

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1 elected officials of the executive and 

2 legislative branches). 

3 ‘‘(xxx) Perjury committed under sec4 tion 1621 of title 18 in falsely denying the 

5 commission of an act which constitutes— 

6 ‘‘(I) an offense under clause (i), 

7 (ii), (iii), (iv), (v), (vi), (vii), (viii), 

8 (ix), (x), (xi), (xii), (xiii), (xiv), (xv), 

9 (xvi), (xvii), (xviii), (xix), (xx), (xxi), 

10 (xxii), (xxiii), (xxiv), (xxv), (xxvi), 

11 (xxvii), or (xxviii); or 

12 ‘‘(II) an offense under clause 

13 (xxix), to the extent provided in such 

14 clause. 

15 ‘‘(xxxi) Subornation of perjury com16 mitted under section 1622 of title 18 in 

17 connection with the false denial or false 

18 testimony of another individual as specified 

19 in clause (xxx).’’. 

20 SEC. 16. LIMITATION ON BONUSES TO EXECUTIVES OF 

21 FANNIE MAE AND FREDDIE MAC. 

22 Notwithstanding any other provision in law, senior 

23 executives at the Federal National Mortgage Association 

24 and the Federal Home Loan Mortgage Corporation are 

25 prohibited from receiving bonuses during any period of 
32 

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1 conservatorship for those entities on or after the date of 

2 enactment of this Act. 

3 SEC. 17. DISCLOSURE OF POLITICAL INTELLIGENCE AC4 TIVITIES UNDER LOBBYING DISCLOSURE 

5 ACT. 

6 (a) DEFINITIONS.—Section 3 of the Lobbying Disclo7 sure Act of 1995 (2 U.S.C. 1602) is amended— 

8 (1) in paragraph (2)— 

9 (A) by inserting after ‘‘lobbying activities’’ 

10 each place that term appears the following: ‘‘or 

11 political intelligence activities’’; and 

12 (B) by inserting after ‘‘lobbyists’’ the fol13 lowing: ‘‘or political intelligence consultants’’; 

14 and 

15 (2) by adding at the end the following new 

16 paragraphs: 

17 ‘‘(17) POLITICAL INTELLIGENCE ACTIVITIES.— 

18 The term ‘political intelligence activities’ means po19 litical intelligence contacts and efforts in support of 

20 such contacts, including preparation and planning 

21 activities, research, and other background work that 

22 is intended, at the time it is performed, for use in 

23 contacts, and coordination with such contacts and 

24 efforts of others. 

25 ‘‘(18) POLITICAL INTELLIGENCE CONTACT.— 
33 

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1 ‘‘(A) DEFINITION.—The term ‘political in2 telligence contact’ means any oral or written 

3 communication (including an electronic commu4 nication) to or from a covered executive branch 

5 official or a covered legislative branch official, 

6 the information derived from which is intended 

7 for use in analyzing securities or commodities 

8 markets, or in informing investment decisions, 

9 and which is made on behalf of a client with re10 gard to— 

11 ‘‘(i) the formulation, modification, or 

12 adoption of Federal legislation (including 

13 legislative proposals); 

14 ‘‘(ii) the formulation, modification, or 

15 adoption of a Federal rule, regulation, Ex16 ecutive order, or any other program, policy, 

17 or position of the United States Govern18 ment; or 

19 ‘‘(iii) the administration or execution 

20 of a Federal program or policy (including 

21 the negotiation, award, or administration 

22 of a Federal contract, grant, loan, permit, 

23 or license). 

24 ‘‘(B) EXCEPTION.—The term ‘political in25 telligence contact’ does not include a commu-
34 

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1 nication that is made by or to a representative 

2 of the media if the purpose of the communica3 tion is gathering and disseminating news and 

4 information to the public. 

5 ‘‘(19) POLITICAL INTELLIGENCE FIRM.—The 

6 term ‘political intelligence firm’ means a person or 

7 entity that has 1 or more employees who are polit8 ical intelligence consultants to a client other than 

9 that person or entity. 

10 ‘‘(20) POLITICAL INTELLIGENCE CONSULT11 ANT.—The term ‘political intelligence consultant’ 

12 means any individual who is employed or retained by 

13 a client for financial or other compensation for serv14 ices that include one or more political intelligence 

15 contacts.’’. 

16 (b) REGISTRATION REQUIREMENT.—Section 4 of the 

17 Lobbying Disclosure Act of 1995 (2 U.S.C. 1603) is 

18 amended— 

19 (1) in subsection (a)— 

20 (A) in paragraph (1)— 

21 (i) by inserting after ‘‘whichever is 

22 earlier,’’ the following: ‘‘or a political intel23 ligence consultant first makes a political 

24 intelligence contact,’’; and 
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1 (ii) by inserting after ‘‘such lobbyist’’ 

2 each place that term appears the following: 

3 ‘‘or consultant’’; 

4 (B) in paragraph (2), by inserting after 

5 ‘‘lobbyists’’ each place that term appears the 

6 following: ‘‘or political intelligence consultants’’; 

7 and 

8 (C) in paragraph (3)(A)— 

9 (i) by inserting after ‘‘lobbying activi10 ties’’ each place that term appears the fol11 lowing: ‘‘and political intelligence activi12 ties’’; and 

13 (ii) in clause (i), by inserting after 

14 ‘‘lobbying firm’’ the following: ‘‘or political 

15 intelligence firm’’; 

16 (2) in subsection (b)— 

17 (A) in paragraph (3), by inserting after 

18 ‘‘lobbying activities’’ each place that term ap19 pears the following: ‘‘or political intelligence ac20 tivities’’; 

21 (B) in paragraph (4)— 

22 (i) in the matter preceding subpara23 graph (A), by inserting after ‘‘lobbying ac24 tivities’’ the following: ‘‘or political intel25 ligence activities’’; and 
36 

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1 (ii) in subparagraph (C), by inserting 

2 after ‘‘lobbying activity’’ the following: ‘‘or 

3 political intelligence activity’’; 

4 (C) in paragraph (5), by inserting after 

5 ‘‘lobbying activities’’ each place that term ap6 pears the following: ‘‘or political intelligence ac7 tivities’’; 

8 (D) in paragraph (6), by inserting after 

9 ‘‘lobbyist’’ each place that term appears the fol10 lowing: ‘‘or political intelligence consultant’’; 

11 and 

12 (E) in the matter following paragraph (6), 

13 by inserting ‘‘or political intelligence activities’’ 

14 after ‘‘such lobbying activities’’; 

15 (3) in subsection (c)— 

16 (A) in paragraph (1), by inserting after 

17 ‘‘lobbying contacts’’ the following: ‘‘or political 

18 intelligence contacts’’; and 

19 (B) in paragraph (2)— 

20 (i) by inserting after ‘‘lobbying con21 tact’’ the following: ‘‘or political intel22 ligence contact’’; and 

23 (ii) by inserting after ‘‘lobbying con24 tacts’’ the following: ‘‘and political intel25 ligence contacts’’; and 
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1 (4) in subsection (d), by inserting after ‘‘lob2 bying activities’’ each place that term appears the 

3 following: ‘‘or political intelligence activities’’. 

4 (c) REPORTS BY REGISTERED POLITICAL INTEL5 LIGENCE CONSULTANTS.—Section 5 of the Lobbying Dis6 closure Act of 1995 (2 U.S.C. 1604) is amended— 

7 (1) in subsection (a), by inserting after ‘‘lob8 bying activities’’ the following: ‘‘and political intel9 ligence activities’’; 

10 (2) in subsection (b)— 

11 (A) in paragraph (2)— 

12 (i) in the matter preceding subpara13 graph (A), by inserting after ‘‘lobbying ac14 tivities’’ the following: ‘‘or political intel15 ligence activities’’; 

16 (ii) in subparagraph (A)— 

17 (I) by inserting after ‘‘lobbyist’’ 

18 the following: ‘‘or political intelligence 

19 consultant’’; and 

20 (II) by inserting after ‘‘lobbying 

21 activities’’ the following: ‘‘or political 

22 intelligence activities’’; 

23 (iii) in subparagraph (B), by inserting 

24 after ‘‘lobbyists’’ the following: ‘‘and polit25 ical intelligence consultants’’; and 
38 

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1 (iv) in subparagraph (C), by inserting 

2 after ‘‘lobbyists’’ the following: ‘‘or political 

3 intelligence consultants’’; 

4 (B) in paragraph (3)— 

5 (i) by inserting after ‘‘lobbying firm’’ 

6 the following: ‘‘or political intelligence 

7 firm’’; and 

8 (ii) by inserting after ‘‘lobbying activi9 ties’’ each place that term appears the fol10 lowing: ‘‘or political intelligence activities’’; 

11 and 

12 (C) in paragraph (4), by inserting after 

13 ‘‘lobbying activities’’ each place that term ap14 pears the following: ‘‘or political intelligence ac15 tivities’’; and 

16 (3) in subsection (d)(1), in the matter pre17 ceding subparagraph (A), by inserting ‘‘or a political 

18 intelligence consultant’’ after ‘‘a lobbyist’’. 

19 (d) DISCLOSURE AND ENFORCEMENT.—Section 6(a) 

20 of the Lobbying Disclosure Act of 1995 (2 U.S.C. 1605) 

21 is amended— 

22 (1) in paragraph (3)(A), by inserting after ‘‘lob23 bying firms’’ the following: ‘‘, political intelligence 

24 consultants, political intelligence firms,’’; 
39 

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1 (2) in paragraph (7), by striking ‘‘or lobbying 

2 firm’’ and inserting ‘‘lobbying firm, political intel3 ligence consultant, or political intelligence firm’’; and 

4 (3) in paragraph (8), by striking ‘‘or lobbying 

5 firm’’ and inserting ‘‘lobbying firm, political intel6 ligence consultant, or political intelligence firm’’. 

7 (e) RULES OF CONSTRUCTION.—Section 8(b) of the 

8 Lobbying Disclosure Act of 1995 (2 U.S.C. 1607(b)) is 

9 amended by striking ‘‘or lobbying contacts’’ and inserting 

10 ‘‘lobbying contacts, political intelligence activities, or polit11 ical intelligence contacts’’. 

12 (f) IDENTIFICATION OF CLIENTS AND COVERED OF13 FICIALS.—Section 14 of the Lobbying Disclosure Act of 

14 1995 (2 U.S.C. 1609) is amended— 

15 (1) in subsection (a)— 

16 (A) in the heading, by inserting ‘‘OR PO17 LITICAL INTELLIGENCE’’ after ‘‘LOBBYING’’; 

18 (B) by inserting ‘‘or political intelligence 

19 contact’’ after ‘‘lobbying contact’’ each place 

20 that term appears; and 

21 (C) in paragraph (2), by inserting ‘‘or po22 litical intelligence activity, as the case may be’’ 

23 after ‘‘lobbying activity’’; 

24 (2) in subsection (b)— 
40 

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1 (A) in the heading, by inserting ‘‘OR PO2 LITICAL INTELLIGENCE’’ after ‘‘LOBBYING’’; 

3 (B) by inserting ‘‘or political intelligence 

4 contact’’ after ‘‘lobbying contact’’ each place 

5 that term appears; and 

6 (C) in paragraph (2), by inserting ‘‘or po7 litical intelligence activity, as the case may be’’ 

8 after ‘‘lobbying activity’’; and 

9 (3) in subsection (c), by inserting ‘‘or political 

10 intelligence contact’’ after ‘‘lobbying contact’’. 

11 (g) ANNUAL AUDITS AND REPORTS BY COMP12 TROLLER GENERAL.—Section 26 of the Lobbying Disclo13 sure Act of 1995 (2 U.S.C. 1614) is amended— 

14 (1) in subsection (a)— 

15 (A) by inserting ‘‘political intelligence 

16 firms, political intelligence consultants,’’ after 

17 ‘‘lobbying firms’’; and 

18 (B) by striking ‘‘lobbying registrations’’ 

19 and inserting ‘‘registrations’’; 

20 (2) in subsection (b)(1)(A), by inserting ‘‘polit21 ical intelligence firms, political intelligence consult22 ants,’’ after ‘‘lobbying firms’’; and 

23 (3) in subsection (c), by inserting ‘‘or political 

24 intelligence consultant’’ after ‘‘a lobbyist’’. 
41 

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1 TITLE II—PUBLIC CORRUPTION 

2 PROSECUTION IMPROVEMENTS 

3 SEC. 201. SHORT TITLE. 

4 This title may be cited as the ‘‘Public Corruption 

5 Prosecution Improvements Act of 2012’’. 

6 SEC. 202. VENUE FOR FEDERAL OFFENSES. 

7 (a) IN GENERAL.—The second undesignated para8 graph of section 3237(a) of title 18, United States Code, 

9 is amended by adding before the period at the end the 

10 following: ‘‘or in any district in which an act in further11 ance of the offense is committed’’. 

12 (b) SECTION HEADING.—The heading for section 

13 3237 of title 18, United States Code, is amended to read 

14 as follows: 

15 ‘‘SEC. 3237. OFFENSE TAKING PLACE IN MORE THAN ONE 

16 DISTRICT.’’. 

17 (c) TABLE OF SECTIONS.—The table of sections at 

18 the beginning of chapter 211 of title 18, United States 

19 Code, is amended so that the item relating to section 3237 

20 reads as follows: 

‘‘Sec. 3237. Offense taking place in more than one district.’’. 

21 SEC. 203. THEFT OR BRIBERY CONCERNING PROGRAMS RE22 CEIVING FEDERAL FINANCIAL ASSISTANCE. 

23 Section 666(a) of title 18, United States Code, is 

24 amended— 
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1 (1) by striking ‘‘10 years’’ and inserting ‘‘20 

2 years’’; 

3 (2) by striking ‘‘$5,000’’ the second place and 

4 the third place it appears and inserting ‘‘$1,000’’; 

5 (3) by striking ‘‘anything of value’’ each place 

6 it appears and inserting ‘‘any thing or things of 

7 value’’; and 

8 (4) in paragraph (1)(B), by inserting after 

9 ‘‘anything’’ the following: ‘‘or things’’. 

10 SEC. 204. PENALTY FOR SECTION 641 VIOLATIONS. 

11 Section 641 of title 18, United States Code, is 

12 amended by striking ‘‘ten years’’ and inserting ‘‘15 

13 years’’. 

14 SEC. 205. BRIBERY AND GRAFT; CLARIFICATION OF DEFINI15 TION OF ‘‘OFFICIAL ACT’’; CLARIFICATION OF 

16 THE CRIME OF ILLEGAL GRATUITIES. 

17 (a) DEFINITION.—Section 201(a) of title 18, United 

18 States Code, is amended— 

19 (1) in paragraph (2), by striking ‘‘and’’ at the 

20 end; 

21 (2) by amending paragraph (3) to read as fol22 lows: 

23 ‘‘(3) the term ‘official act’— 

24 ‘‘(A) means any act within the range of of25 ficial duty, and any decision or action on any 
43 

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1 question, matter, cause, suit, proceeding, or 

2 controversy, which may at any time be pending, 

3 or which may by law be brought before any 

4 public official, in such public official’s official 

5 capacity or in such official’s place of trust or 

6 profit; and 

7 ‘‘(B) may be a single act, more than 1 act, 

8 or a course of conduct; and’’; and 

9 (3) by adding at the end the following: 

10 ‘‘(4) the term ‘rule or regulation’ means a Fed11 eral regulation or a rule of the House of Representa12 tives or the Senate, including those rules and regula13 tions governing the acceptance of gifts and campaign 

14 contributions.’’. 

15 (b) CLARIFICATION.—Section 201(c)(1) of title 18, 

16 United States Code, is amended to read as follows: 

17 ‘‘(1) otherwise than as provided by law for the 

18 proper discharge of official duty, or by rule or regu19 lation— 

20 ‘‘(A) directly or indirectly gives, offers, or 

21 promises any thing or things of value to any 

22 public official, former public official, or person 

23 selected to be a public official for or because of 

24 any official act performed or to be performed by 
44 

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1 such public official, former public official, or 

2 person selected to be a public official; 

3 ‘‘(B) directly or indirectly, knowingly gives, 

4 offers, or promises any thing or things of value 

5 with an aggregate value of not less than $1000 

6 to any public official, former public official, or 

7 person selected to be a public official for or be8 cause of the official’s or person’s official posi9 tion; 

10 ‘‘(C) being a public official, former public 

11 official, or person selected to be a public offi12 cial, directly or indirectly, knowingly demands, 

13 seeks, receives, accepts, or agrees to receive or 

14 accept any thing or things of value with an ag15 gregate value of not less than $1000 for or be16 cause of the official’s or person’s official posi17 tion; or 

18 ‘‘(D) being a public official, former public 

19 official, or person selected to be a public offi20 cial, directly or indirectly demands, seeks, re21 ceives, accepts, or agrees to receive or accept 

22 any thing or things of value for or because of 

23 any official act performed or to be performed by 

24 such official or person;’’. 
45 

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1 SEC. 206. AMENDMENT OF THE SENTENCING GUIDELINES 

2 RELATING TO CERTAIN CRIMES. 

3 (a) DIRECTIVE TO SENTENCING COMMISSION.—Pur4 suant to its authority under section 994(p) of title 28, 

5 United States Code, and in accordance with this section, 

6 the United States Sentencing Commission forthwith shall 

7 review and, if appropriate, amend its guidelines and its 

8 policy statements applicable to persons convicted of an of9 fense under section 201, 641, 1346A, or 666 of title 18, 

10 United States Code, in order to reflect the intent of Con11 gress that such penalties meet the requirements in sub12 section (b) of this section. 

13 (b) REQUIREMENTS.—In carrying out this sub14 section, the Commission shall— 

15 (1) ensure that the sentencing guidelines and 

16 policy statements reflect Congress’s intent that the 

17 guidelines and policy statements reflect the serious 

18 nature of the offenses described in paragraph (1), 

19 the incidence of such offenses, and the need for an 

20 effective deterrent and appropriate punishment to 

21 prevent such offenses; 

22 (2) consider the extent to which the guidelines 

23 may or may not appropriately account for— 

24 (A) the potential and actual harm to the 

25 public and the amount of any loss resulting 

26 from the offense; 
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1 (B) the level of sophistication and planning 

2 involved in the offense; 

3 (C) whether the offense was committed for 

4 purposes of commercial advantage or private fi5 nancial benefit; 

6 (D) whether the defendant acted with in7 tent to cause either physical or property harm 

8 in committing the offense; 

9 (E) the extent to which the offense rep10 resented an abuse of trust by the offender and 

11 was committed in a manner that undermined 

12 public confidence in the Federal, State, or local 

13 government; and 

14 (F) whether the violation was intended to 

15 or had the effect of creating a threat to public 

16 health or safety, injury to any person or even 

17 death; 

18 (3) assure reasonable consistency with other 

19 relevant directives and with other sentencing guide20 lines; 

21 (4) account for any additional aggravating or 

22 mitigating circumstances that might justify excep23 tions to the generally applicable sentencing ranges; 

24 (5) make any necessary conforming changes to 

25 the sentencing guidelines; and 
47 

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1 (6) assure that the guidelines adequately meet 

2 the purposes of sentencing as set forth in section 

3 3553(a)(2) of title 18, United States Code. 

4 SEC. 207. EXTENSION OF STATUTE OF LIMITATIONS FOR 

5 SERIOUS PUBLIC CORRUPTION OFFENSES. 

6 (a) IN GENERAL.—Chapter 213 of title 18, United 

7 States Code, is amended by adding at the end the fol8 lowing: 

9 ‘‘§ 3302. Corruption offenses 

10 ‘‘Unless an indictment is returned or the information 

11 is filed against a person within 6 years after the commis12 sion of the offense, a person may not be prosecuted, tried, 

13 or punished for a violation of, or a conspiracy or an at14 tempt to violate the offense in— 

15 ‘‘(1) section 201 or 666; 

16 ‘‘(2) section 1341 or 1343, when charged in 

17 conjunction with section 1346 and where the offense 

18 involves a scheme or artifice to deprive another of 

19 the intangible right of honest services of a public of20 ficial; 

21 ‘‘(3) section 1951, if the offense involves extor22 tion under color of official right; 

23 ‘‘(4) section 1952, to the extent that the unlaw24 ful activity involves bribery; or 
48 

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1 ‘‘(5) section 1962, to the extent that the racket2 eering activity involves bribery chargeable under 

3 State law, involves a violation of section 201 or 666, 

4 section 1341 or 1343, when charged in conjunction 

5 with section 1346 and where the offense involves a 

6 scheme or artifice to deprive another of the intan7 gible right of honest services of a public official, or 

8 section 1951, if the offense involves extortion under 

9 color of official right.’’. 

10 (b) CLERICAL AMENDMENT.—The table of sections 

11 at the beginning of chapter 213 of title 18, United States 

12 Code, is amended by adding at the end the following new 

13 item: 

‘‘3302. Corruption offenses.’’. 

14 (c) APPLICATION OF AMENDMENT.—The amend15 ments made by this section shall not apply to any offense 

16 committed before the date of enactment of this Act. 

17 SEC. 208. INCREASE OF MAXIMUM PENALTIES FOR CER18 TAIN PUBLIC CORRUPTION RELATED OF19 FENSES. 

20 (a) SOLICITATION OF POLITICAL CONTRIBUTIONS.— 

21 Section 602(a)(4) of title 18, United States Code, is 

22 amended by striking ‘‘3 years’’ and inserting ‘‘5 years’’. 

23 (b) PROMISE OF EMPLOYMENT FOR POLITICAL AC24 TIVITY.—Section 600 of title 18, United States Code, is 

25 amended by striking ‘‘one year’’ and inserting ‘‘3 years’’. 
49 

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1 (c) DEPRIVATION OF EMPLOYMENT FOR POLITICAL

2 ACTIVITY.—Section 601(a) of title 18, United States 

3 Code, is amended by striking ‘‘one year’’ and inserting ‘‘3 

4 years’’. 

5 (d) INTIMIDATION TO SECURE POLITICAL CON6 TRIBUTIONS.—Section 606 of title 18, United States 

7 Code, is amended by striking ‘‘three years’’ and inserting 

8 ‘‘5 years’’. 

9 (e) SOLICITATION AND ACCEPTANCE OF CONTRIBU10 TIONS IN FEDERAL OFFICES.—Section 607(a)(2) of title 

11 18, United States Code, is amended by striking ‘‘3 years’’ 

12 and inserting ‘‘5 years’’. 

13 (f) COERCION OF POLITICAL ACTIVITY BY FEDERAL

14 EMPLOYEES.—Section 610 of title 18, United States 

15 Code, is amended by striking ‘‘three years’’ and inserting 

16 ‘‘5 years’’. 

17 SEC. 209. ADDITIONAL WIRETAP PREDICATES. 

18 Section 2516(1)(c) of title 18, United States Code, 

19 is amended— 

20 (1) by inserting ‘‘section 641 (relating to em21 bezzlement or theft of public money, property, or 

22 records), section 666 (relating to theft or bribery 

23 concerning programs receiving Federal funds),’’ 

24 after ‘‘section 224 (bribery in sporting contests),’’; 

25 and 
50 

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1 (2) by inserting ‘‘section 1031 (relating to 

2 major fraud against the United States)’’ after ‘‘sec3 tion 1014 (relating to loans and credit applications 

4 generally; renewals and discounts),’’. 

5 SEC. 210. EXPANDING VENUE FOR PERJURY AND OBSTRUC6 TION OF JUSTICE PROCEEDINGS. 

7 (a) IN GENERAL.—Section 1512(i) of title 18, United 

8 States Code, is amended to read as follows: 

9 ‘‘(i) A prosecution under section 

10 1503, 1504, 1505, 1508, 1509, 1510, or 

11 this section may be brought in the district 

12 in which the conduct constituting the al13 leged offense occurred or in which the offi14 cial proceeding (whether or not pending or 

15 about to be instituted) was intended to be 

16 affected.’’. 

17 (b) PERJURY.— 

18 (1) IN GENERAL.—Chapter 79 of title 18, 

19 United States Code, is amended by adding at the 

20 end the following: 

21 ‘‘§ 1624. Venue 

22 ‘‘A prosecution under section 1621(1), 1622 (in re23 gard to subornation of perjury under 1621(1)), or 1623 

24 of this title may be brought in the district in which the 

25 oath, declaration, certificate, verification, or statement 
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1 under penalty of perjury is made or in which a proceeding 

2 takes place in connection with the oath, declaration, cer3 tificate, verification, or statement.’’. 

4 (2) CLERICAL AMENDMENT.—The table of sec5 tions at the beginning of chapter 79 of title 18, 

6 United States Code, is amended by adding at the 

7 end the following: 

‘‘1624. Venue.’’. 

8 SEC. 211. PROHIBITION ON UNDISCLOSED SELF-DEALING 

9 BY PUBLIC OFFICIALS. 

10 (a) IN GENERAL.—Chapter 63 of title 18, United 

11 States Code, is amended by inserting after section 1346 

12 the following new section: 

13 ‘‘§ 1346A. Undisclosed self-dealing by public officials 

14 ‘‘(a) UNDISCLOSED SELF-DEALING BY PUBLIC OFFI15 CIALS.—For purposes of this chapter, the term ‘scheme 

16 or artifice to defraud’ also includes a scheme or artifice 

17 by a public official to engage in undisclosed self-dealing. 

18 ‘‘(b) DEFINITIONS.—As used in this section: 

19 ‘‘(1) OFFICIAL ACT.—The term official act— 

20 ‘‘(A) means any act within the range of of21 ficial duty, and any decision or action on any 

22 question, matter, cause, suit, proceeding, or 

23 controversy, which may at any time be pending, 

24 or which may by law be brought before any 

25 public official, in such public official’s official 
52 

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1 capacity or in such official’s place of trust or 

2 profit; and 

3 ‘‘(B) may be a single act, more than one 

4 act, or a course of conduct. 

5 ‘‘(2) PUBLIC OFFICIAL.—The term ‘public offi6 cial’ means an officer, employee, or elected or ap7 pointed representative, or person acting for or on be 

8 half of the United States, a State, or a subdivision 

9 of a State, or any department, agency or branch of 

10 government thereof, in any official function, under 

11 or by authority of any such department, agency, or 

12 branch of government. 

13 ‘‘(3) STATE.—The term ‘State’ includes a State 

14 of the United States, the District of Columbia, and 

15 any commonwealth, territory, or possession of the 

16 United States. 

17 ‘‘(4) UNDISCLOSED SELF-DEALING.—The term 

18 ‘undisclosed self-dealing’ means that— 

19 ‘‘(A) a public official performs an official 

20 act for the purpose, in whole or in material 

21 part, of furthering or benefitting a financial in22 terest, of which the public official has knowl23 edge, of— 

24 ‘‘(i) the public official; 
53 

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1 ‘‘(ii) the spouse or minor child of a 

2 public official; 

3 ‘‘(iii) a general business partner of the 

4 public official; 

5 ‘‘(iv) a business or organization in 

6 which the public official is serving as an 

7 employee, officer, director, trustee, or gen8 eral partner; 

9 ‘‘(v) an individual, business, or orga10 nization with whom the public official is 

11 negotiating for, or has any arrangement 

12 concerning, prospective employment or fi13 nancial compensation; or 

14 ‘‘(vi) an individual, business, or orga15 nization from whom the public official has 

16 received any thing or things of value, oth17 erwise than as provided by law for the 

18 proper discharge of official duty, or by rule 

19 or regulation; and 

20 ‘‘(B) the public official knowingly falsifies, 

21 conceals, or covers up material information that 

22 is required to be disclosed by any Federal, 

23 State, or local statute, rule, regulation, or char24 ter applicable to the public official, or the know25 ing failure of the public official to disclose ma-
54 

†S 2038 ES

1 terial information in a manner that is required 

2 by any Federal, State, or local statute, rule, 

3 regulation, or charter applicable to the public 

4 official. 

5 ‘‘(5) MATERIAL INFORMATION.—The term ‘ma6 terial information’ means information— 

7 ‘‘(A) regarding a financial interest of a 

8 person described in clauses (i) through (iv) 

9 paragraph (4)(A); and 

10 ‘‘(B) regarding the association, connection, 

11 or dealings by a public official with an indi12 vidual, business, or organization as described in 

13 clauses (iii) through (vi) of paragraph (4)(A).’’. 

14 (b) CONFORMING AMENDMENT.—The table of sec15 tions for chapter 63 of title 18, United States Code, is 

16 amended by inserting after the item relating to section 

17 1346 the following new item: 

‘‘1346A. Undisclosed self-dealing by public officials.’’. 

18 (c) APPLICABILITY.—The amendments made by this 

19 section apply to acts engaged in on or after the date of 

20 the enactment of this Act. 

21 SEC. 212. DISCLOSURE OF INFORMATION IN COMPLAINTS 

22 AGAINST JUDGES. 

23 Section 360(a) of title 28, United States Code, is 

24 amended— 

25 (1) in paragraph (2) by striking ‘‘or’’; 
55 

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1 (2) in paragraph (3), by striking the period at 

2 the end, and inserting ‘‘; or’’; and 

3 (3) by inserting after paragraph (3) the fol4 lowing: 

5 ‘‘(4) such disclosure of information regarding a 

6 potential criminal offense is made to the Attorney 

7 General, a Federal, State, or local grand jury, or a 

8 Federal, State, or local law enforcement agency.’’. 

9 SEC. 213. CLARIFICATION OF EXEMPTION IN CERTAIN 

10 BRIBERY OFFENSES. 

11 Section 666(c) of title 18, United States Code, is 

12 amended— 

13 (1) by striking ‘‘This section does not apply 

14 to’’; and 

15 (2) by inserting ‘‘The term ‘anything of value’ 

16 that is corruptly solicited, demanded, accepted or 

17 agreed to be accepted in subsection (a)(1)(B) or cor18 ruptly given, offered, or agreed to be given in sub19 section (a)(2) shall not include,’’ before ‘‘bona fide 

20 salary’’. 

21 SEC. 214. CERTIFICATIONS REGARDING APPEALS BY 

22 UNITED STATES. 

23 Section 3731 of title 18, United States Code, is 

24 amended by inserting after ‘‘United States attorney’’ the 
56 

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1 following: ‘‘, Deputy Attorney General, Assistant Attorney 

2 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 

benefit, and for other purposes. rived from their official positions for personal Congress from using nonpublic information de-