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Stalled for Takeoff: Will Bipartisan Effort Finally Ground Congressional Stock Trading?

Public trust in Congress has been on a long descent, and the ability of lawmakers to trade individual stocks has become a major point of contention. For years, efforts to ban this practice have languished, but a recent bipartisan push by four senators is reigniting the debate. This article explores the history of this issue, the details of the proposed legislation, and the potential roadblocks that could prevent its passage.

A History of Frustration

Congressional stock trading has been a source of controversy for decades. Critics argue that lawmakers have access to non-public information that could inform their investment decisions, creating an unfair advantage and raising concerns about insider trading. Additionally, the perception of self-dealing erodes public trust in the legislative process.

Despite these concerns, previous attempts to ban congressional stock ownership have met with limited success. The Stop Trading on Congressional Knowledge Act (STOCK Act) of 2012 mandated stricter disclosure requirements for lawmakers’ trades, but it didn’t prohibit them entirely.

A Bipartisan Spark

On July 10, 2024, a glimmer of hope emerged. Senators Jeff Merkley (D-OR), Josh Hawley (R-MO), Jon Ossoff (D-GA), and Gary Peters (D-MI) announced a bipartisan agreement on the “Ending Trading and Holdings in Congressional Stocks Act” (ETHICS Act). This legislation would bar members of Congress, their spouses, and dependents from buying, holding, or selling individual stocks. Notably, the Senate Homeland Security and Government Affairs Committee, chaired by Senator Peters, has scheduled a markup session for the bill on July 24, 2024. This marks the first time a Senate committee will formally consider such a ban.

The Road Ahead

While the ETHICS Act represents a significant step forward, it faces several hurdles before becoming law. The most immediate challenge lies within the committee itself. The bill needs to garner enough support for passage, and some resistance from both parties is expected. Additionally, even if it clears the committee stage, the full Senate and House will need to approve the legislation before it reaches the President’s desk. Bipartisan support is crucial for overcoming these hurdles and navigating the potential political maneuvering.

Public Pressure Mounts

Public opinion polls consistently show overwhelming support for a ban on congressional stock trading. A recent survey indicated that over 70% of Americans favor such legislation. This public pressure can be a powerful force, potentially swaying lawmakers on the fence and encouraging leadership to prioritize the bill.

Looking Forward

The ETHICS Act represents a renewed push towards addressing a longstanding ethical concern. While the road to passage remains uncertain, the bipartisan backing and strong public support could create momentum for this long-stalled reform effort. Only time will tell if this latest attempt will finally succeed in grounding congressional stock trading.

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