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MOTION TO RECOMMIT H.R. 3630, WITH

INSTRUCTIONS

OFFERED BY Ml. llllll

Ml. llllllllllllllllll

moves to recommit the bill, H.R. 3630, to the Committee

on Ways and Means, with instructions to report the same

back to the House forthwith, with the following amend-

ment:

Add at the end of the bill the following:

TITLE VIIADDITIONAL1

PROVISIONS2

SEC. 701. EXTENSION AND EXPANSION OF PAYROLL TAX3

CUT FOR MIDDLE CLASS FAMILIES.4

(a) EXTENSION.For provision extending the payroll5

tax cut for middle class families, see section 2001.6

(b) INCREASED RELIEF.7

(1) IN GENERAL.Subsection (a) of section8

601 of the Tax Relief, Unemployment Insurance Re-9

authorization, and Job Creation Act of 2010 (2610

U.S.C. 1401 note) is amended11

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(A) by inserting (9.3 percent for calendar1

year 2012) after 10.40 percent in para-2

graph (1), and3

(B) in paragraph (2)4

(i) by striking (including and in-5

serting (3.1 percent in the case of cal-6

endar year 2012), including after 4.27

percent, and8

(ii) by striking Code) and inserting9

Code.10

(2) COORDINATION WITH INDIVIDUAL DEDUC-11

TION FOR EMPLOYMENT TAXES.Subparagraph (A)12

of section 601(b)(2) of such Act is amended by in-13

serting (66.67 percent for taxable years which14

begin in 2012) after 59.6 percent.15

(c) TECHNICAL AMENDMENTS.Paragraph (2) of16

section 601(b) of the Tax Relief, Unemployment Insur-17

ance Reauthorization, and Job Creation Act of 2010 (2618

U.S.C. 1401 note) is amended19

(1) by inserting of such Code after 164(f),20

(2) by inserting of such Code after21

1401(a) in subparagraph (A), and22

(3) by inserting of such Code after23

1401(b) in subparagraph (B).24



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SEC. 702. EXTENDING THE ALLOWANCE FOR BONUS DEPRE-1

CIATION FOR CERTAIN BUSINESS ASSETS.2

For provision extending the allowance for bonus de-3

preciation for certain business assets, see section 1201.4

SEC. 703. PREVENTING A REDUCTION IN PAYMENTS TO5

DOCTORS.6

For provision preventing a reduction in payments to7

doctors, see section 2201.8

SEC. 704. ENSURING THAT MILLIONAIRES PAY THEIR FAIR9

SHARE.10

(a) IN GENERAL.Subchapter A of chapter 1 of the11

Internal Revenue Code of 1986 is amended by adding at12

the end the following new part:13

PART VIIISURTAX ON MILLIONAIRES14

Sec. 59B. Surtax on millionaires.

SEC. 59B. SURTAX ON MILLIONAIRES.15

(a) GENERAL RULE.In the case of a taxpayer16

other than a corporation for any taxable year beginning17

after 2011 and before 2021, there is hereby imposed (in18

addition to any other tax imposed by this subtitle) a tax19

equal to 3.6 percent of so much of the modified adjusted20

gross income of the taxpayer for such taxable year as ex-21

ceeds the threshold amount.22

(b) THRESHOLD AMOUNT.For purposes of this23

section24



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(1) IN GENERAL.The threshold amount is1

$1,000,000.2

(2) INFLATION ADJUSTMENT.3

(A) IN GENERAL.In the case of any4

taxable year beginning after 2012, the5

$1,000,000 amount under paragraph (1) shall6

be increased by an amount equal to7

(i) such dollar amount, multiplied by8

(ii) the cost-of-living adjustment de-9

termined under section 1(f)(3) for the cal-10

endar year in which the taxable year be-11

gins, determined by substituting calendar12

year 2011 for calendar year 1992 in sub-13

paragraph (B) thereof.14

(B) ROUNDING.If any amount as ad-15

justed under paragraph (1) is not a multiple of16

$10,000, such amount shall be rounded to the17

next highest multiple of $10,000.18

(3) M ARRIED FILING SEPARATELY.In the19

case of a married individual filing separately for any20

taxable year, the threshold amount shall be one-half21

of the amount otherwise in effect under this sub-22

section for the taxable year.23

(c) MODIFIED ADJUSTED GROSS INCOME.For24

purposes of this section, the term modified adjusted gross25



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income means adjusted gross income reduced by any de-1

duction (not taken into account in determining adjusted2

gross income) allowed for investment interest (as defined3

in section 163(d)). In the case of an estate or trust, ad-4

justed gross income shall be determined as provided in sec-5

tion 67(e).6

(d) SPECIAL RULES.7

(1) NONRESIDENT ALIEN.In the case of a8

nonresident alien individual, only amounts taken9

into account in connection with the tax imposed10

under section 871(b) shall be taken into account11

under this section.12

(2) CITIZENS AND RESIDENTS LIVING13

ABROAD.The dollar amount in effect under sub-14

section (b) shall be decreased by the excess of15

(A) the amounts excluded from the tax-16

payers gross income under section 911, over17

(B) the amounts of any deductions or ex-18

clusions disallowed under section 911(d)(6)19

with respect to the amounts described in sub-20

paragraph (A).21

(3) CHARITABLE TRUSTS.Subsection (a)22

shall not apply to a trust all the unexpired interests23

in which are devoted to one or more of the purposes24

described in section 170(c)(2)(B).25



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(4) NOT TREATED AS TAX IMPOSED BY THIS1

CHAPTER FOR CERTAIN PURPOSES.The tax im-2

posed under this section shall not be treated as tax3

imposed by this chapter for purposes of determining4

the amount of any credit under this chapter or for5

purposes of section 55..6

(b) CLERICAL AMENDMENT.The table of parts for7

subchapter A of chapter 1 of the Internal Revenue Code8

of 1986 is amended by adding at the end the following9

new item:10

PART VIII. SURTAX ON MILLIONAIRES..

(c) SECTION 15 NOT TO APPLY.The amendment11

made by subsection (a) shall not be treated as a change12

in a rate of tax for purposes of section 15 of the Internal13

Revenue Code of 1986.14

(d) EFFECTIVE DATE.The amendments made by15

this section shall apply to taxable years beginning after16

December 31, 2011.17

SEC. 705. PREVENTING INSIDER TRADING BY MEMBERS OF18

CONGRESS.19

(a) NONPUBLIC INFORMATION RELATING TO CON-20

GRESS AND OTHER FEDERAL EMPLOYEES.21

(1) COMMODITIES TRANSACTIONS.Section 4c22

of the Commodity Exchange Act (7 U.S.C. 6c) is23

amended by adding at the end the following:24



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(h) NONPUBLIC INFORMATION RELATING TO CON-1

GRESS.Not later than 270 days after the date of enact-2

ment of this subsection, the Commission shall by rule pro-3

hibit any person from buying or selling any commodity4

for future delivery or swap while such person is in posses-5

sion of material nonpublic information, as defined by the6

Commission, relating to any pending or prospective legis-7

lative action relating to such commodity if8

(1) such information was obtained by reason9

of such person being a Member or employee of Con-10

gress; or11

(2) such information was obtained from a12

Member or employee of Congress, and such person13

knows that the information was so obtained.14

(i) NONPUBLIC INFORMATION RELATING TO OTHER15

FEDERAL EMPLOYEES.16

(1) RULEMAKING.Not later than 270 days17

after the date of enactment of this subsection, the18

Commission shall by rule prohibit any person from19

buying or selling any commodity for future delivery20

or swap while such person is in possession of mate-21

rial nonpublic information derived from Federal em-22

ployment and relating to such commodity if23

(A) such information was obtained by24

reason of such person being an employee of an25



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agency, as such term is defined in section1

551(1) of title 5, United States Code; or2

(B) such information was obtained from3

such an employee, and such person knows that4

the information was so obtained.5

(2) M ATERIAL NONPUBLIC INFORMATION.6

For purposes of this subsection, the term material7

nonpublic information means any information that8

an employee of an agency (as such term is defined9

in section 551(1) of title 5, United States Code)10

gains by reason of Federal employment and that11

such employee knows or should know has not been12

made available to the general public, including infor-13

mation that14

(A) is routinely exempt from disclosure15

under section 552 of title 5, United States16

Code, or otherwise protected from disclosure by17

statute, Executive order, or regulation;18

(B) is designated as confidential by an19

agency; or20

(C) has not actually been disseminated to21

the general public and is not authorized to be22

made available to the public on request..23



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(2) SECURITIES TRANSACTIONS.Section 10 of1

the Securities Exchange Act of 1934 is amended by2

adding at the end the following:3

(d) NONPUBLIC INFORMATION RELATING TO CON-4

GRESS.Not later than 270 days after the date of enact-5

ment of this subsection, the Commission shall by rule pro-6

hibit any person from buying or selling the securities or7

security-based swaps of any issuer while such person is8

in possession of material nonpublic information, as defined9

by the Commission, relating to any pending or prospective10

legislative action relating to such issuer if11

(1) such information was obtained by reason12

of such person being a Member or employee of Con-13

gress; or14

(2) such information was obtained from a15

Member or employee of Congress, and such person16

knows that the information was so obtained.17

(e) NONPUBLIC INFORMATION RELATING TO18

OTHER FEDERAL EMPLOYEES.19

(1) RULEMAKING.Not later than 270 days20

after the date of enactment of this subsection, the21

Commission shall by rule prohibit any person from22

buying or selling the securities or security-based23

swaps of any issuer while such person is in posses-24



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sion of material nonpublic information derived from1

Federal employment and relating to such issuer if2

(A) such information was obtained by3

reason of such person being an employee of an4

agency, as such term is defined in section5

551(1) of title 5, United States Code; or6

(B) such information was obtained from7

such an employee, and such person knows that8

the information was so obtained.9

(2) M ATERIAL NONPUBLIC INFORMATION.10

For purposes of this subsection, the term material11

nonpublic information means any information that12

an employee of an agency (as such term is defined13

in section 551(1) of title 5, United States Code)14

gains by reason of Federal employment and that15

such employee knows or should know has not been16

made available to the general public, including infor-17

mation that18

(A) is routinely exempt from disclosure19

under section 552 of title 5, United States20

Code, or otherwise protected from disclosure by21

statute, Executive order, or regulation;22

(B) is designated as confidential by an23

agency; or24



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(C) has not actually been disseminated to1

the general public and is not authorized to be2

made available to the public on request..3

(b) COMMITTEE HEARINGS ON IMPLEMENTATION.4

(1) IN GENERAL.The Committee on Agri-5

culture of the House of Representatives shall hold a6

hearing on the implementation by the Commodity7

Futures Trading Commission of subsections (h) and8

(i) of section 4c of the Commodity Exchange Act (as9

added by subsection (a)(2) of this section), and the10

Committee on Financial Services of the House of11

Representatives shall hold a hearing on the imple-12

mentation by the Securities Exchange Commission13

of subsections (d) and (e) of section 10 of the Secu-14

rities Exchange Act of 1934 (as added by subsection15

(a)(1) of this section).16

(2) E XERCISE OF RULEMAKING AUTHORITY.17

Paragraph (1) is enacted18

(A) as an exercise of the rulemaking power19

of the House of Representatives and, as such,20

shall be considered as part of the rules of the21

House, and such rules shall supersede any other22

rule of the House only to the extent that rule23

is inconsistent therewith; and24



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(B) with full recognition of the constitu-1

tional right of the House to change such rules2

(so far as relating to the procedure in the3

House) at any time, in the same manner, and4

to the same extent as in the case of any other5

rule of the House.6

(c) TIMELY REPORTING OF FINANCIAL TRANS-7

ACTIONS.8

(1) REPORTING REQUIREMENT.Section 1039

of the Ethics in Government Act of 1978 is amended10

by adding at the end the following subsection:11

(l) Within 90 days after the purchase, sale, or ex-12

change of any stocks, bonds, commodities futures, or other13

forms of securities that are otherwise required to be re-14

ported under this Act and the transaction of which in-15

volves at least $1000 by any Member of Congress or offi-16

cer or employee of the legislative branch required to so17

file, that Member, officer, or employee shall file a report18

of that transaction with the Clerk of the House of Rep-19

resentatives in the case of a Representative in Congress,20

a Delegate to Congress, or the Resident Commissioner21

from Puerto Rico, or with the Secretary of the Senate in22

the case of a Senator..23

(2) EFFECTIVE DATE.The amendment made24

by paragraph (1) shall apply to transactions occur-25



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ring on or after the date that is 90 days after the1

date of the enactment of this Act.2

(d) DISCLOSURE OF POLITICAL INTELLIGENCE AC-3

TIVITIES UNDER LOBBYING DISCLOSUREACT.4

(1) DEFINITIONS.Section 3 of the Lobbying5

Disclosure Act of 1995 (2 U.S.C. 1602) is amend-6

ed7

(A) in paragraph (2)8

(i) by inserting after lobbying activi-9

ties each place that term appears the fol-10

lowing: or political intelligence activities;11

and12

(ii) by inserting after lobbyists the13

following: or political intelligence consult-14

ants; and15

(B) by adding at the end the following new16

paragraphs:17

(17) POLITICAL INTELLIGENCE ACTIVITIES.18

The term political intelligence activities means po-19

litical intelligence contacts and efforts in support of20

such contacts, including preparation and planning21

activities, research, and other background work that22

is intended, at the time it is performed, for use in23

contacts, and coordination with such contacts and24

efforts of others.25



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(18) POLITICAL INTELLIGENCE CONTACT.1

(A) DEFINITION.The term political in-2

telligence contact means any oral or written3

communication (including an electronic commu-4

nication) to or from a covered executive branch5

official or a covered legislative branch official,6

the information derived from which is intended7

for use in analyzing securities or commodities8

markets, or in informing investment decisions,9

and which is made on behalf of a client with re-10

gard to11

(i) the formulation, modification, or12

adoption of Federal legislation (including13

legislative proposals);14

(ii) the formulation, modification, or15

adoption of a Federal rule, regulation, Ex-16

ecutive order, or any other program, policy,17

or position of the United States Govern-18

ment; or19

(iii) the administration or execution20

of a Federal program or policy (including21

the negotiation, award, or administration22

of a Federal contract, grant, loan, permit,23

or license).24



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(B) EXCEPTION.The term political in-1

telligence contact does not include a commu-2

nication that is made by or to a representative3

of the media if the purpose of the communica-4

tion is gathering and disseminating news and5

information to the public.6

(19) POLITICAL INTELLIGENCE FIRM.The7

term political intelligence firm means a person or8

entity that has 1 or more employees who are polit-9

ical intelligence consultants to a client other than10

that person or entity.11

(20) POLITICAL INTELLIGENCE CONSULT-12

ANT.The term political intelligence consultant13

means any individual who is employed or retained by14

a client for financial or other compensation for serv-15

ices that include one or more political intelligence16

contacts..17

(2) REGISTRATION REQUIREMENT.Section 418

of the Lobbying Disclosure Act of 1995 (2 U.S.C.19

1603) is amended20

(A) in subsection (a)21

(i) in paragraph (1)22

(I) by inserting after whichever23

is earlier, the following: or a polit-24



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ical intelligence consultant first makes1

a political intelligence contact,; and2

(II) by inserting after such lob-3

byist each place that term appears4

the following: or consultant;5

(ii) in paragraph (2), by inserting6

after lobbyists each place that term ap-7

pears the following: or political intel-8

ligence consultants; and9

(iii) in paragraph (3)(A)10

(I) by inserting after lobbying11

activities each place that term ap-12

pears the following: and political in-13

telligence activities; and14

(II) in clause (i), by inserting15

after lobbying firm the following:16

or political intelligence firm;17

(B) in subsection (b)18

(i) in paragraph (3), by inserting after19

lobbying activities each place that term20

appears the following: or political intel-21

ligence activities;22

(ii) in paragraph (4)23

(I) in the matter preceding sub-24

paragraph (A), by inserting after25



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lobbying activities the following: or1

political intelligence activities; and2

(II) in subparagraph (C), by in-3

serting after lobbying activity the4

following: or political intelligence ac-5

tivity;6

(iii) in paragraph (5), by inserting7

after lobbying activities each place that8

term appears the following: or political in-9

telligence activities;10

(iv) in paragraph (6), by inserting11

after lobbyist each place that term ap-12


ligence consultant; and14

(v) in the matter following paragraph15

(6), by inserting or political intelligence16

activities after such lobbying activities;17

(C) in subsection (c)18

(i) in paragraph (1), by inserting after19

lobbying contacts the following: or po-20

litical intelligence contacts; and21



contact the following: or political24

intelligence contact; and25



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(II) by inserting after lobbying1

contacts the following: and political2

intelligence contacts; and3

(D) in subsection (d), by inserting after4

lobbying activities each place that term ap-5

pears the following: or political intelligence ac-6

tivities.7

(3) REPORTS BY REGISTERED POLITICAL IN-8

TELLIGENCE CONSULTANTS.Section 5 of the Lob-9

bying Disclosure Act of 1995 (2 U.S.C. 1604) is10

amended11

(A) in subsection (a), by inserting after12

lobbying activities the following: and polit-13

ical intelligence activities;14


(i) in paragraph (2)16

(I) in the matter preceding sub-17

paragraph (A), by inserting after18

lobbying activities the following: or19

political intelligence activities;20

(II) in subparagraph (A)21

(aa) by inserting after lob-22

byist the following: or political23

intelligence consultant; and24



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(bb) by inserting after lob-1

bying activities the following:2

or political intelligence activi-3

ties;4

(III) in subparagraph (B), by in-5

serting after lobbyists the following:6

and political intelligence consult-7

ants; and8

(IV) in subparagraph (C), by in-9

serting after lobbyists the following:10

or political intelligence consultants;11



firm the following: or political intel-14

ligence firm; and15

(II) by inserting after lobbying16

activities each place that term ap-17


ligence activities; and19

(iii) in paragraph (4), by inserting20

after lobbying activities each place that21

term appears the following: or political in-22

telligence activities; and23

(C) in subsection (d)(1), in the matter pre-24

ceding subparagraph (A), by inserting or a po-25



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litical intelligence consultant after a lob-1

byist.2

(4) DISCLOSURE AND ENFORCEMENT.Section3

6(a) of the Lobbying Disclosure Act of 1995 (24

U.S.C. 1605) is amended5

(A) in paragraph (3)(A), by inserting after6

lobbying firms the following: , political intel-7

ligence consultants, political intelligence8

firms,;9

(B) in paragraph (7), by striking or lob-10

bying firm and inserting lobbying firm, polit-11

ical intelligence consultant, or political intel-12

ligence firm; and13

(C) in paragraph (8), by striking or lob-14

bying firm and inserting lobbying firm, polit-15

ical intelligence consultant, or political intel-16

ligence firm.17

(5) RULES OF CONSTRUCTION.Section 8(b) of18

the Lobbying Disclosure Act of 1995 (2 U.S.C.19

1607(b)) is amended by striking or lobbying con-20

tacts and inserting lobbying contacts, political in-21

telligence activities, or political intelligence con-22

tacts.23



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(6) IDENTIFICATION OF CLIENTS AND COVERED1

OFFICIALS.Section 14 of the Lobbying Disclosure2

Act of 1995 (2 U.S.C. 1609) is amended3


(i) in the heading, by inserting OR5

POLITICAL INTELLIGENCE after LOB-6

BYING;7

(ii) by inserting or political intel-8

ligence contact after lobbying contact9

each place that term appears; and10

(iii) in paragraph (2), by inserting or11

political intelligence activity, as the case12

may be after lobbying activity;13


(i) in the heading, by inserting OR15

POLITICAL INTELLIGENCE after LOB-16

BYING;17

(ii) by inserting or political intel-18

ligence contact after lobbying contact19

each place that term appears; and20

(iii) in paragraph (2), by inserting or21

political intelligence activity, as the case22

may be after lobbying activity; and23



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(C) in subsection (c), by inserting or po-1

litical intelligence contact after lobbying con-2

tact.3

(7) ANNUAL AUDITS AND REPORTS BY COMP-4

TROLLER GENERAL.Section 26 of the Lobbying5

Disclosure Act of 1995 (2 U.S.C. 1614) is amend-6

ed7


(i) by inserting political intelligence9

firms, political intelligence consultants,10

after lobbying firms; and11

(ii) by striking lobbying registra-12

tions and inserting registrations;13

(B) in subsection (b)(1)(A), by inserting14

political intelligence firms, political intelligence15

consultants, after lobbying firms; and16

(C) in subsection (c), by inserting or po-17

litical intelligence consultant after a lob-18

byist.19

(e) EFFECTIVE DATE.Subject to subsection (c)(2),20

this section and the amendments made by this section21

shall take effect at the end of the 90-day period beginning22

on the date of the enactment of this Act.23



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SEC. 706. FREEZE ON MEMBER COLA AND PENSION RE-1

FORM.2

For provision freezing Member COLA and effecting3

pension reform, see section 5421(b)(1) and part 1 of sub-4

title E of title V, respectively.5


Documents

H R 3630 MTR