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"If you want to serve in Congress, don't come here to serve your portfolio, come here to serve the people," said a Democrat leading the effort.
A small, bipartisan group of U.S. senators on Wednesday announced a proposal to ban trading of individual stocks by members of Congress and certain of their immediate family members, drawing praise from watchdog groups.
Sens. Jeff Merkley (D-Ore.), Jon Ossoff (D-Ga.), Gary Peters (D-Mich.), and Josh Hawley (R-Mo.) brought forth the bill, which would tighten rules on holdings of individual stocks and establish what Merkley described as "huge" penalties for noncompliance—the equivalent of a member's monthly salary, or 10% of the value of the improper investment, whichever is greater.
"If you want to serve in Congress, don't come here to serve your portfolio, come here to serve the people," Merkley toldNational Public Radio.
In response to the announced deal, Citizens for Responsibility and Ethics in Washington, a watchdog group, wrote on social media: "Great news. Let's get it done!"
Couldn't agree more 🎉 https://t.co/cDVPkti4Zm
— Citizens for Ethics (@CREWcrew) July 10, 2024
The American public, across the political spectrum, overwhelmingly supports banning stock trading by members of Congress, as a University of Maryland poll showed last year.
Members of Congress have access to a great deal of insider information, or at least publicly unavailable information, that they can use to trade advantageously. They significantly beat the market in 2023, according to a watchdog report.
U.S. lawmakers have hesitated to rein themselves in. Several proposals to restrict the trading have been put forth in recent years, though no bill has made it all that far. Assessing the chance of success at an effort last year, Politicosaid, "Don't hold your breath."
Congress did pass the Stop Trading on Congressional Knowledge (STOCK) Act in 2012, but that law is widely considered weak and ineffective.
Some Democrats tried to push through reforms to the STOCK Act when they controlled both houses of Congress and the presidency in 2022, but they were stymied by the top two House Democrats at the time, then-Speaker Nancy Pelosi (D-Calif.) and then-Majority Leader Steny Hoyer (D-Md.), who expressed opposition to reform of the act.
Pelosi, whose husband Paul Pelosi trades stocks, said during that congressional cycle that the U.S. was a "free-market economy" and members of Congress should be able to "participate in that."
Pelosi was one of the inspirations for what The Washington Post recently called "tongue-in-cheek financial products." The investment vehicles copy the holdings of well-known members of Congress by buying and selling the same stocks they are buying, per public disclosures. Members of Congress can make the disclosures anytime within 45 days of a trade, so the vehicles can't trade along with them in real time. Autopilot, an app, has a popular vehicle called the Pelosi Tracker, according toThe New Yorker.
Attempts at reform haven't fallen on neatly partisan lines—Rep. Matt Gaetz (R-Fl.) and Rep. Alexandria Ocasio-Cortez (D-N.Y.) teamed up last year—but have been largely pushed by Democrats.
Wednesday's announced proposal comes under the same name, the Ending Trading and Holdings in Congressional Stocks (ETHICS) Act, as a bill introduced by Merkley in April 2023. However, if it's the same bill, it appears to have been modified in negotiations with the other three senators, as media descriptions don't seem to match the text of last year's bill.
Hawley's inclusion in the group is notable—last year's bill had gathered the support of 23 senators, but no Republicans. At the time, Hawley criticized ETHICS for being too full of exemptions, and was pushing a similar bill he'd named the PELOSI Act. Ossoff also had his own effort to ban insider trading on Capitol Hill last year.
But now the senators have joined forces.
The newly announced ETHICS Act would require members of Congress, as well as their spouses and dependent children, to divest from holdings in individual stocks and place them in mutual funds. The law would apply to the U.S. president and vice president. It would also establish a publicly searchable database for all disclosures. It would go into effect in 2027, according to media reports.
The Senate Homeland Security and Governmental Affairs committee, chaired by Peters, is scheduled to mark up the bill on July 24.
"Members of Congress should not be allowed to trade stock," said one former congressional candidate. "It's corruption."
A financial watchdog group on Tuesday released its annual report on congressional stock trading, which shows that "Congress blew the market out of the water" in 2023, fueling fresh calls for a ban targeting U.S. lawmakers and their immediate family members.
"Members of Congress shouldn't be allowed to trade stocks of the companies they regulate for the same reasons referees aren't allowed to bet on the games they officiate," Melanie D'Arrigo, a former Democratic congressional candidate who is now executive director of the Campaign for New York Health, said in response to the Unusual Whales report.
Nina Turner, who also previously ran for Congress and is now a senior fellow at the Institute on Race, Power, and Political Economy, agreed. As Turner put it: "Members of Congress should not be allowed to trade stock. It's corruption."
While the Stop Trading on Congressional Knowledge (STOCK) Act of 2012 was intended to ban insider trading by members of Congress, lawmakers are still permitted to buy and sell stocks, even those of companies impacted by their work on Capitol Hill.
Revelations about lawmakers' stock market gains over the past few years, including previous reports from Unusual Whales, have bolstered efforts to pass legislation barring members of Congress, their spouses, and their dependent children from trading individual stocks—such as the Bipartisan Restoring Faith in Government Act introduced in May.
U.S. Congressman Ken Buck (R-Colo.) responded to the latest Unusual Whales report by promoting the Bipartisan Ban on Congressional Stock Ownership Act, which he introduced last year with Reps. Matt Rosendale (R-Mont.) and Pramila Jayapal (D-Wash.), chair of the Congressional Progressive Caucus.
"Members of both parties have misused their influence to buy and trade stocks. This is an issue which hurts all Americans," Buck said Tuesday. "The Bipartisan Ban on Congressional Stock Ownership Act will ensure that Congress is voting to represent their constituents instead of their wallets."
Unusual Whales' new report includes a graph comparing lawmakers' estimated returns for 2023—based on the current stocks in their portfolios—with the SPDR S&P 500 ETF (SPY), an exchange-traded fund that tracks the performance of the S&P 500 Index.
Thirty-two members of Congress—evenly split among Democrats and Republicans—fared better than SPY, which was up 24.81%. Overall, Democratic lawmakers were up 31.18% last year while their GOP colleagues were up 17.99%. At the top was U.S. Rep. Brian Higgins (D-N.Y.) at 238.9%.
Joining him in the top 10 were: Rep. Mark Green (R-Tenn.), 122.2%; Rep. Garret Graves (R-La.), 107.6%; David Rouzer (R-N.C.), 105.6%; Seth Moulton (D-Mass.), 80%; Sen. Ron Wyden (D-Ore.), 78.5%; Rep. John Rutherford (R-Fla.), 69.1%; Sen. Richard Blumenthal (D-Conn.), 68.1%; former House Speaker Nancy Pelosi (D-Calif.), 65.5%; and Pete Sessions (R-Texas), 63.3%.
"Numerous members in Congress traded war stocks before the Israel-Gaza-Palestine conflict," Unusual Whales noted.
As Common Dreams has reported, after Israel declared war in response to a Hamas-led attack on October 7, the stock of defense companies soared and weapons giants have continued to cash in on the conflict.
Unusual Whales also highlighted that "the banking crisis saw numerous mergers and unusually timed transactions, both by banking executives and politicians."
The person behind Unusual Whales grantedABC News an anonymous interview about such trades back in November:
"One thing people always say is that members are very good at picking stocks, that's often assumed… but to be quite frank, members were also quite good at avoiding losses," he told ABC News in his first television interview.
He pointed ABC News to the collapse of Silicon Valley Bank (SVB) and the regional banking crisis. He tracked trades showing several members of Congress, who sit on the House and Senate committees that regulate the financial industry, who sold SVB and other bank stocks before they experienced their sharpest decline.
"I can't know the intent, if that was what they were aiming to do," he told ABC News. "But many of the members who were trading banking stocks during that time performed very, very well."
In the Tuesday report, Unusual Whales also flagged unusual trades by Pelosi, whose husband is a trader, and Sen. Tommy Tuberville (R-Ala.), "one of the most active traders in Congress."
"We hope this will be our final report, and this report (with the history of our previous research) will be good enough to end the argument about Congress and trading," concluded Unusual Whales, which has also launched a tool so members of the public can track the portfolios of individual lawmakers.
Fox News host Jesse Watters on Tuesday asked U.S. Rep. Marjorie Taylor Greene (R-Ga.) about the report, which shows that she was up 18.6% last year. She responded, "I actually asked my team about that today—why my name was on the list—because I don't even own any stocks and I haven't all of 2023."
"As a matter of fact, we have to report everything, including children who are dependents of ours. And I think what was reported was actually related to my son's account that his father and I had set up for him years ago," added Greene, who shares three children with her ex-husband.
Newsweekreported that a clip of the interview "sparked questions and mockery from social media users, some of whom accused Greene of using her son as an excuse to cover up her own trading."
Support for higher budgets can lift share values of members invested in weapons industry stocks. These votes for Pentagon increases may be based on other considerations, but trading creates the opportunity for self-dealing and profiteering.
A new bill being introduced by Sens. Kirsten Gillibrand (D-N.Y.) and Josh Hawley (R-Mo.) would bar executive branch officials, members of Congress, and their families from owning or trading stocks in individual companies.
Efforts to curb or ban stock trading by members of Congress have gained momentum in the past few years, with a slew of bills on the topic, as well as major investigations by The New York Times and Wall Street Journal.
Letting members play the stock market creates conflicts of interest that are an invitation to corruption. This is particularly troubling when these deals involve members who have decision making power over spending on the Pentagon, intelligence, and homeland security. America’s security should not be for sale.
Investigations by major news outlets and non-governmental organizations have identified at least 25 members of key national security committees with investments in arms industry stocks.
Support for higher Pentagon budgets can lift share values of members invested in weapons industry stocks. These votes for Pentagon increases may be based on other considerations, but the key point is that stock trading creates the opportunity for self-dealing and profiteering on the part of key members of Congress. The temptation for corrupt decision making is itself a serious problem. Even the appearance of conflicts of interest undercuts public trust in the budget decision making process.
Investigations by major news outlets and non-governmental organizations have identified at least 25 members of key national security committees with investments in arms industry stocks, in firms ranging from top-ranked contractors like Lockheed Martin and Raytheon to lesser known companies like Huntington Ingalls Industries and L3 Harris.
Examples include Sen. Tommy Tuberville (R-Ala.), a member of the Senate Armed Services Committee, and a prolific stock trader. Tuberville is best known for putting a hold on top military nominations to protest the Pentagon policy that covers abortion-related travel expenses for service members based in states with restrictive reproductive healthcare laws. The Pentagon estimates that Tuberville’s actions could impact 650 positions by the end of this year.
Meanwhile, Tuberville reported owning hundreds of thousands of shares in Honeywell, Lockheed Martin, General Electric, Raytheon, and General Dynamics since 2020. Additionally, he sold his shares of Microsoft about two weeks before it became public that the company’s $10 billion contract with the Pentagon was canceled. He also bet against a Taiwanese company whose stock is often affected by U.S.-China relations, as RS’s Connor Echols reported earlier this year.
Another SASC member, Sen. Jacky Rosen (D-Nev.) reported co-owning $110,000 worth of shares in General Electric with her husband. Rep. John Rutherford (R-Fla.) bought shares in Raytheon on February 24, 2022—the day Russia invaded Ukraine. Rutherford sits on the House Appropriations homeland security subcommittee. Rep. Josh Gottheimer (D-N.J.), who sits on the House Permanent Select Committee on Intelligence (and is the ranking member of the National Security Agency and Cyber subcommittee) has traded millions in Microsoft shares—the latest example being his purchase of three $1-5 million blocs of shares on May 15 and 16 this year.
There are a number of cases in which members have failed to comply even with the weak rules that are now on the books, which involve periodic reporting on stock deals.
As the Project on Government Oversight has pointed out, the best way to eliminate the potential conflicts of interest inherent in congressional stock ownership is to institute a comprehensive ban on trading in stocks by all members of Congress as well as immediate family members and senior staff—with no loopholes, and no complex work-arounds. POGO elaborated on the features of a strong stock trading ban in congressional testimony last year. Many recent legislative proposals fall short of this standard.
Stock trading is just one potential financial incentive for members of armed services, defense appropriations, intelligence, and homeland security committees to jack up military spending. Campaign contributions, arms-related jobs in a member’s state or district, and lobbying by former colleagues also exert pressure to up the Pentagon’s already enormous budget.
For example, Rep. Mike Rogers (R-Ala.), chairman of the House Armed Services Committee, was the top recipient of defense industry campaign contributions during the 2022 midterm election cycle, getting over $511,000 in donations from weapons makers. The aforementioned Sen. Tuberville has received over $244,000 in arms industry contributions since 2017.
Meanwhile, in the past two years—prior to this year’s debt ceiling deal—Congress added $25 billion and $45 billion to the Pentagon budget, respectively, beyond what the department even asked for. Much of this funding was for projects in the districts or states of key members. And in many cases the member in question even issued a press release bragging about the items they added to the budget. These statements are almost always accompanied by a perfunctory argument that the additional spending is necessary for national security, but in many cases these protestations are just a smoke screen to hide the fact that these decisions serve special interests, not the national interest.
Adding unnecessary weapons to the budget for economic and political reasons is a form of legalized corruption that wastes scarce taxpayer dollars and undermines the possibility of aligning arms spending with a more sound defense posture.
Stock trading is just one piece of a larger problem of undue pressures on Congress to “go big” on Pentagon spending. But eliminating it would be a step in the right direction that might encourage initiatives to reform other practices that stand in the way of crafting a more realistic Pentagon budget in service of a more coherent defense strategy.