Overview
Title
To amend chapter 131 of title 5, United States Code, and the STOCK Act to require certain senior officials to report payments received from the Federal Government, to improve the filing and disclosure of financial disclosures by Members of Congress, congressional staff, very senior employees, and others, and to ban stock trading for certain senior Government officials, and for other purposes.
ELI5 AI
H.R. 6842 is a rule to make sure that important people in the government tell everyone when they get paid by the government, and they're not allowed to trade stocks. This helps keep things fair and honest.
Summary AI
H.R. 6842 aims to enhance transparency and accountability for senior government officials by mandating the reporting of payments received from the Federal Government, improving financial disclosure filing, and prohibiting stock trading for certain officials. It includes high-ranking Federal Reserve officials in the same ethical rules as other government officials and introduces penalties for non-compliance. The bill also sets requirements for the electronic filing and online public access to these disclosure forms, making them more accessible and searchable. Additionally, it enforces restrictions on trading financial interests and serving on for-profit boards to avoid conflicts of interest.
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AnalysisAI
General Summary of the Bill
H.R. 6842, titled the "STOCK Act 2.0," aims to enhance transparency and accountability among high-ranking U.S. government officials by imposing strict financial disclosure and ethics requirements. The bill proposes significant amendments to existing laws to require senior officials to report any financial dealings or payments received from the federal government. It seeks to strengthen the filing and disclosure of financial matters by Members of Congress, congressional staff, very senior employees, and similar officials. Additionally, the bill seeks to ban stock trading for certain senior government officials to avoid conflicts of interest. Furthermore, it introduces measures to improve electronic filing and public accessibility of financial disclosure forms.
Summary of Significant Issues
A major issue within the bill is the ambiguous definition and reporting requirements for "covered payments" in Section 2. This lack of clarity could lead to inconsistency in its application, affecting how officials report these payments. Another concern arises in Sections 5 and 13161, where the term "covered financial interests" includes cryptocurrency without precise definitions. This vagueness could hinder proper compliance and enforcement.
Section 4 introduces a $1,000 fine for certain noncompliance issues, but the bill lacks clarity around whether this amount is fixed or a maximum, leaving room for ambivalence in its execution. This could lead to inconsistent application of penalties. Additionally, the enforcement mechanisms in Section 13166 carry the risk of unfair or disproportionate fines due to their open-ended nature.
Sections 6 and 13165 highlight transparency issues, particularly regarding electronic filing and public access to financial reports. The absence of clear penalties for non-compliance and details on funding for system implementation could undermine the bill's effectiveness. Definitions and roles, such as those of "covered individual" and "supervising ethics office," require further clarification to avoid confusion in enforcement.
Impact on the Public
Broadly, the bill aims to create a more transparent and accountable government by minimizing conflicts of interest and ensuring that those in powerful positions adhere to strict financial conduct rules. This could enhance public trust in federal institutions by reducing the possibility of impropriety.
For the general public, the increased transparency may offer greater assurance that government actions are not unduly influenced by personal financial gains, thereby fostering a fairer political landscape. However, the potential for ambiguity in terms and definitions may lead to irregular implementation, which could dilute the bill's intended impact.
Impact on Specific Stakeholders
For government officials and their families—particularly those subject to the new restrictions—the impact could be substantial. The amended rules would necessitate careful monitoring of financial activities to ensure full compliance. The divestiture requirements in Section 13163 could pose significant challenges, especially in terms of timing and market conditions, possibly leading to financial strain for those affected.
Federal Reserve officials, specifically, would need to navigate additional layers of compliance due to their newly specified inclusion. They are required to align with various existing ethics laws, which could lead to administrative burdens or confusion without clear guidance.
Overall, while the bill aims to bolster ethical standards and transparency, its lack of precision in certain areas might affect its successful implementation. These issues need addressing to ensure the legislation achieves its goals without imposing unnecessary hardships or administrative confusion.
Financial Assessment
The financial aspects of H.R. 6842 primarily involve fines and penalties imposed for non-compliance with various provisions outlined in the bill. Throughout the bill, specific monetary amounts are designated as fines, emphasizing enforcement rather than appropriations or spending. These monetary impositions are detailed below, alongside corresponding issues linked to the bill:
Fines for Non-Compliance
Section 2 and Section 4 discuss fines related to reporting failures. Under Section 2, a fine of $5,000 is levied against covered persons who fail to report applications for or receipt of covered payments from the federal government in accordance with the specified timeline. Section 4 specifies a fine of $1,000 for individuals who fail to file a required transaction report.
The imposition of these fines could potentially tie into Issue 3, which highlights the ambiguity of the $1,000 penalty -- whether it represents a fixed or maximum amount. Without explicit clarification, enforcement could vary, leading to legal compliance challenges.
Ambiguities in Financial References
A noticeable concern aligning with Issue 1 is the potential ambiguity and inconsistency in defining "covered payments". As additional types of payments may be added by regulation, inconsistent application may arise, complicating the justification and enforcement of the financial penalties stipulated in the bill.
Enforcement and Financial Implications
The Enforcement provisions outlined in Section 13166 state that covered individuals who knowingly fail to comply with the bill's subchapter could face fines not less than 10% of the value of the financial interest involved in the violation. This open-ended fine structure raised in Issue 4 could result in varying penalties, potentially causing disparities in enforcement.
Additionally, Section 13166's lack of specificity regarding the application and calculation of these fines could complicate equitable enforcement, thereby impacting transparency and accountability.
Lack of Funding for Implementation
Although Section 6 mentions electronic filing and online public access to financial disclosures, it lacks specific penalties for non-compliance with these filing requirements or details on funding for implementation. This absence, noted in Issue 5, could render the bill ineffective if adequate financial resources for technological infrastructure are not provided, further hindering transparency efforts aimed at making financial disclosures accessible and searchable.
Overall, while H.R. 6842 sets forth various financial penalties to reinforce its mandates, certain ambiguities and the lack of detailed guidance on fund allocation or imposition specifics may pose challenges to consistent enforcement and effective implementation of the bill’s objectives.
Issues
The definition and reporting requirements for 'covered payment' in Section 2 could lead to ambiguity and inconsistency. The definition includes various forms of compensation but allows for additional types to be added by regulation, which might lead to confusion and uneven application. This issue is particularly significant for ensuring fairness and clarity in reporting obligations.
The amendment in Section 5 to ban 'covered financial interests' is vaguely defined and could impact legitimate financial activities. The inclusion of cryptocurrency without a precise definition might lead to uncertainty and unfair enforcement. This is important given the increasing interest in digital currencies.
The penalty for noncompliance in Section 4 lacks clarity on whether the $1000 fine is fixed or maximum, leaving ambiguity for enforcement. This could lead to inconsistent punishment and confusion over regulatory expectations, impacting legal compliance.
The enforcement mechanisms in Section 13166 may be challenging to administer fairly, particularly the open-ended fine structure which could result in unfair penalties or disparities in enforcement. This is crucial to maintain equitable and just application of the law.
Section 6 lacks specific penalties for non-compliance with electronic filing requirements and details on funding for implementation, potentially leading to ineffective enforcement. Ensuring compliance and proper funding is essential to achieving transparency and accountability.
Section 3's requirement for Federal Reserve officials to comply with certain laws may be difficult to interpret due to complex legal references. This could hinder understanding and compliance, affecting ethical standards within these key financial institutions.
Definitions of key terms like 'covered individual' and 'supervising ethics office' in Sections 13161 and 13166 lack clarity, leading to potential confusion about applicability and enforcement responsibility. Clear definitions are necessary for effective implementation and understanding.
The timeframes for divestiture in Section 13163 may not be feasible given market realities, impacting the fairness and financial stability for covered individuals. Timely and realistic divestiture requirements are crucial for fair regulation.
The lack of explicit guidance on 'covered financial interest' updates and public disclosures in Section 13165 could limit transparency and accountability. Providing detailed procedures for ongoing reporting is important to maintain public trust in the oversight process.
Sections
Sections are presented as they are annotated in the original legislative text. Any missing headers, numbers, or non-consecutive order is due to the original text.
1. Short title Read Opens in new tab
Summary AI
The first section of this bill sets the short title, which is “STOCK Act 2.0.”
2. Reporting of applications for, or receipt of, payments from Federal Government Read Opens in new tab
Summary AI
This section of the bill requires certain people to report any applications for, or receipt of, payments from the federal government, such as loans or grants, within 30 to 45 days. If they fail to report, they will face a fine of $5000, and the report must include details like the type of payment, the recipient's name, their relationship to the filer, and the amount received.
Money References
- (3) FINE FOR FAILURE TO REPORT.—Notwithstanding section 13106(d), a covered person shall be assessed a fine, pursuant to regulations issued by the applicable supervising ethics office, of $5000 in each case in which the covered person fails to file a report required under this subsection.”
3. Inclusion of Federal Reserve officials Read Opens in new tab
Summary AI
The section states that certain laws will apply to high-ranking officials of Federal Reserve banks, such as presidents and directors. These laws include rules about government ethics, the STOCK Act, and parts of the Securities Exchange Act, with ethics oversight provided by the Inspector General of the Federal Reserve.
4. Penalty for noncompliance Read Opens in new tab
Summary AI
The section changes the penalty for not filing a required transaction report to a $1000 fine for each violation. Additionally, it requires all supervising ethics offices to update their rules and documents to reflect this change within one year of the law being enacted.
Money References
- (a) In general.—Section 13106(a)(2)(B)(II) of title 5, United States Code, is amended by striking “fined under title 18” and inserting “fined $1000 in each case in which the individual fails to file a transaction report required under this Act”.
5. Banning conflicted interests Read Opens in new tab
Summary AI
The proposed bill adds new rules to prevent conflicts of interest for certain government officials. It defines key terms and sets forth prohibitions on holding or trading certain financial interests, outlines divestiture obligations, and specifies penalties for violations, while excluding some investments and outlining compliance and publication requirements.
13161. Definitions Read Opens in new tab
Summary AI
The section provides definitions for key terms used in the subchapter, including "commodity," "covered financial interest," and "covered individual." It specifies what constitutes a covered financial interest, highlights exclusions, and identifies who qualifies as a covered individual, including members of Congress and senior federal officials, as well as their spouses and dependent children.
13162. Prohibitions Read Opens in new tab
Summary AI
In SEC. 13162, it is prohibited for covered individuals to engage in transactions involving their financial interests, such as buying or selling securities, and they cannot hold positions like officer roles in for-profit organizations. Additionally, they must wait 180 days after leaving their role before participating in any restricted activities.
13163. Divestiture Read Opens in new tab
Summary AI
In Section 13163, individuals holding certain financial interests must sell them within 120 days after becoming covered individuals or after the STOCK Act 2.0 is enacted. If these interests are inherited afterward, they must be sold within 120 days of inheritance, though extensions up to a total of 150 days may be granted.
13164. Certificate of compliance Read Opens in new tab
Summary AI
Each person who is required to comply must give their ethics office a written statement confirming they have met the rules of this part of the law.
13165. Publication Read Opens in new tab
Summary AI
Each supervising ethics office must post on its website the request for an extension mentioned in section 13163(b)(2) within 30 days of receiving it, and the decision to approve or deny the request must also be posted within 30 days of making the decision.
13166. Enforcement Read Opens in new tab
Summary AI
A person who is covered by this law and knowingly breaks the rules must pay a fine. The fine will be at least 10% of the value of the financial interest that they wrongly dealt with, as determined by the supervising ethics office.
13167. Applicability Read Opens in new tab
Summary AI
This section explains that the rules apply to any financial interest a person has in a trust, even if it's not a special type of trust called a "qualified blind trust," as long as the person benefits from the trust.
6. Electronic filing and online public availability of financial disclosure forms Read Opens in new tab
Summary AI
The bill section outlines amendments to the STOCK Act requiring certain public officials, including Members of Congress, senior executive employees, judicial officers, and officers of Federal Reserve banks, to file financial disclosure forms electronically. These forms must be made publicly accessible online in a searchable and downloadable format, with features like application programming interface access and adherence to accessibility standards.