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The Senate’s stalled stock bill leaves lawmakers’ trading conflicts unresolved

The House bill paired limited restrictions on lawmakers’ stock purchases with a federal voter-identification provision. A standalone, enforceable rule deserves its own vote.

The Editorial Board · The Wells Post

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A dramatic view of the United States Capitol with cloudy skies in Washington D.C.
A dramatic view of the United States Capitol with cloudy skies in Washington D.C. Stock photo by Oljamu on Pexels

The Senate’s failed procedural vote on Wednesday left a conflict-of-interest problem unresolved: members of Congress can make decisions affecting publicly traded companies while holding shares in them. Senators voted 53–47 on a motion to advance a House-passed stock-trading bill, short of the 60 votes required. The vote was not on final passage, and it changed no trading rules.

We believe lawmakers and their families should not be able to trade individual stocks while lawmakers serve in office. The public deserves rules it can scrutinize and a way to enforce them. The House-passed bill offered a partial safeguard, but it paired stock restrictions with a federal voter-identification provision that Senate Democrats opposed. Neither party should treat Wednesday’s failure as the end of its responsibility.

The House bill offered a real but limited restraint

The Stop Insider Trading Act would bar members of Congress, their spouses and dependent children from buying publicly traded stocks. It would also require public notice at least seven days before a planned sale. The House passed the bill on July 22; CBS News reported that 13 House Democrats supported it.

Those provisions matter. Preventing purchases would remove one opportunity for a lawmaker to benefit financially from decisions made in office. Advance notice of sales would give the public information before a transaction rather than only afterward. A partial restriction deserves consideration, even if a stronger rule is needed.

But the bill would not prohibit members, their spouses or dependent children from holding and selling stock they already own. Nor would its stock restrictions cover the president or administration officials. If the goal is to protect trust in public decisions, lawmakers should explain why a rule would apply to Congress but not to the executive branch.

Senate Majority Leader John Thune backed advancing the measure as a way to hold members of Congress to standards the public should expect. That is a serious argument: a limited rule could be better than no new rule. It does not follow that the Senate had to accept a separate voting provision to address stock trading.

Voter identification made this more than a stock-trading vote

The House-passed bill also contained a federal voter-identification provision. Senate Democrats objected to it, arguing that it would harm mail voting, and said the stock provisions should go further. Senate Minority Leader Chuck Schumer said Democrats would support a broader ban covering the president and administration officials.

Voting rules deserve scrutiny on their own terms. Lawmakers should not have to accept a disputed change to voting requirements to consider restrictions on financial conflicts in public office. Combining the issues made this vote an unreliable test of senators’ support for either policy on its own.

The Senate’s 53–47 procedural vote established that the motion to advance this combined bill fell short. It did not establish whether a standalone stock-trading restriction could pass. Nor did it produce one.

Both parties must answer for what they did

Republicans can point to a House-passed measure with bipartisan support and a Senate majority that voted to proceed. They cannot fairly present the outcome as proof that Democrats oppose all restrictions on lawmakers’ trades. The bill also asked senators to vote on voter identification, despite Democratic objections to that provision.

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Democrats can point to gaps in the proposed stock rules and to their concerns about mail voting. They cannot ask the public to accept support for a stronger ban as a substitute for advancing one. Their preferred broader restriction was not the measure considered in the 53–47 vote. A defensible reason to reject this package brings an obligation to help put a better one before the Senate.

This is not an accusation that any member used official information to profit from a trade. It is an argument about who should bear the burden of avoiding a potential conflict. That burden belongs with public officials, not with constituents asked to trust that an official’s financial interests played no part in a decision.

Put a standalone, enforceable rule to a vote

We support a standalone ban on trading individual stocks by members of Congress, the president and administration officials, with coverage for spouses and dependent children. Lawmakers should include public disclosure requirements, clear penalties and independent enforcement. Those details need to be written and debated; Wednesday’s vote settled none of them.

A broader rule also requires lawmakers to decide how people entering office handle stocks they already hold. That work is a reason to draft carefully, not to leave trading conflicts unresolved. A proposal that defines who is covered, what transactions are barred and how violations are reviewed would let the public judge whether the rule can work.

Thune should work with senators to bring forward a standalone stock-trading bill without the voter-identification provision. Schumer should help put the broader restriction Democrats say they support to a recorded vote. Both parties have a chance to give the public a clear answer on enforceable limits, rather than another vote on a package that mixes separate fights.

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