The STOCK Act of 2012 &amp; the Purposes of Transparency

Notícias e política

STOCK Act of 2012
Stop
Trading
On
Congressional
Knowledge

Purpose
“prevent
members and employees
of Congress
from trading on the basis of
nonpublic information
acquired through such positions”

Role
of
Transparency
in
Government
Ethics

Different legal rules
for
legislative
&
executive
branches

Federal Conflict of Interest Statute
Applies to Executive Branch
Not to Congress

Federal Financial Disclosure
Assets
Income
Transactions
Liabilities
Gifts
Outside / Future Jobs

Federal Financial Disclosure
Congress:
Members & senior staff
Executive branch:
28,000 employees

Federal Financial Disclosure
28,000 - Publicly available
-- but with hurdles
300,000 – Not publicly available

Specific Reforms:
Timely transaction reports
Searchable sortable database of
• Congress:
-Members
-Highly paid staff
• 28,000 Exec. branch employees

Purposes of
federal
financial discosure
Accountability:
- political – Congress
- legal - Executive Branch

Purposes of
massive online
financial discosure
Accountability:
- political
- legal - Executive Branch
Preventing theft
Transparency

Public disclosure – with hurdles
v.
Web-based disclosure
searchable & sortable

Concerns
•Identity theft
•Identifying spies
•Privacy

Senior
Executive
Association
v.
United States

Sensitive
Personal
Financial
Information

S.E.A. v U.S.
Granted preliminary injunction
Denied govt’s motion to dismiss

Web-based disclosure for:
- Members of Congress
- Senate-confirmed executive
branch officials
No searchable sortable database

The STOCK Act of 2012
and the
Purposes of Transparency
Kathleen Clark
kathleen_clark@mac.com
Chicago-Kent College of Law
April 30, 2013

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