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Businesses Government

Stock Trade Ban For Congress Is Being Readied For Release In US House (bloomberg.com) 107

An anonymous reader quotes a report from Bloomberg: Senior House Democrats are poised to introduce long-promised legislation to restrict stock ownership and trading by members of Congress, senior government officials and Supreme Court justices. The bill would apply to the spouses and dependent children of those officials, according to an outline sent to lawmaker offices last week by House Administration Chair Zoe Lofgren. The restrictions also cover "commodities, futures, cryptocurrency, and other similar investments," according to the outline. The legislation would require public officials to either divest current holdings or put them in a blind trust. Investments in mutual funds or other widely held investment funds and government bonds would be allowed.

The bill may be released as soon as Monday, according to a person familiar with the matter. It hasn't been scheduled for a vote, though House Majority Leader Steny Hoyer has said it's possible it could come to the floor this week in the middle of an already jam-packed schedule before lawmakers go on break ahead of the November midterm election. While conservative Republicans and progressive Democrats alike have been clamoring for restrictions on stock trades by members of Congress to avoid conflicts of interest, legislation has been hung up by questions about how broad to make the ban and whether to include family members. A group of senators is working on their own version of the legislation and there's little chance of Congress taking any final action before the midterms. [...]

Another potential point of contention is applying the requirements to the Supreme Court. The Congressional Research Service in an April report said that Congress imposing a code of conduct on the judiciary would "raise an array of legal questions," including whether it would violate the constitutional separation of powers. Justices and lower court judges already file annual financial disclosures and are barred from participating in cases where there's a direct conflict of interest. Despite that, the CRS report says that the Supreme Court has never directly addressed "whether Congress may subject Supreme Court Justices to financial reporting requirements or limitations upon the receipt of gifts."
"The current law doesn't prohibit lawmakers from owning or trading individual securities, but it bans members of Congress from using nonpublic information available to them for personal benefit," notes the report. "It requires any transaction be disclosed within 45 days."

Further reading: TikTokers Are Trading Stocks By Copying What Members of Congress Do
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Stock Trade Ban For Congress Is Being Readied For Release In US House

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  • Nancy Pelosi (Score:5, Insightful)

    by Gavino ( 560149 ) on Tuesday September 27, 2022 @05:50PM (#62919151)
    She and her husband are one of the most successful traders in the whole world right now.. I wonder how that is? I guess it's fine for her to now legislate against it - she's in the latter years of her life like Joe Biden, and has already made her money. Now shutting the door behind herself is probably a wise move.
    • Re: (Score:3, Insightful)

      by Tony Isaac ( 1301187 )

      Better late than never. If Republicans were in charge, this bill would never see a vote.

      • Correct (Score:5, Informative)

        by ArchieBunker ( 132337 ) on Tuesday September 27, 2022 @07:15PM (#62919341)

        Not one single republican voted for the "Dark Money" bill https://www.aljazeera.com/news... [aljazeera.com]

        • Not one single republican voted for the "Dark Money" bill

          No surprises there.

          The previous republican president did his best to keep the swamp filled up.

        • You know the disclose act was about "outing" people that supported Republicans, as we've seen the left is prone to attacking anyone personally when they disagree with their politics, right?

          • Can't blame them when rights are being rolled back by the religious right supreme court. Up next, contraception and same sex marriage. https://www.theguardian.com/wo... [theguardian.com]

            I'm all for disclosing large donations to ANY political party.

            • by mrex ( 25183 )

              >Can't blame them

              We can't blame those who attack others because they disagree with their politics? Wanna bet? Just watch me:

              If you attack others because you disagree with their politics, you're a horrible person and I blame you for extremifying our country.

            • "Can't blame them" well, I guess we've identified who the problem is.

              Yes, I *absolutely* can blame people attacking people PERSONALLY for political differences.
              Yes, I *absolutely* can blame people protesting outside Supreme Court Justice's house.

              The 'new paradigm' of political protest is to personalize it immediately (Alinsky sincerely appreciates that you read his book). Because once you dehumanize your opponent, you can justify whatever you do, right?

              Here's some questions:
              - Do you think you have a monopo

      • Republicans- you mean the party that for a decade had banned earmarks (aka, legalized quid pro quo) until Democrats came back in charge and made them legal again in 2021?

        • Yep, both parties have their blind spots and shortcomings.

          • This is where the argument ends no matter how you slice it.
            Both parties do terrible things to get power and money. They pander the base they think will get them elected.
            The majority would switch parties if it meant continued political success.
            Regardless of your political inclinations, this system needs reform or destruction.
    • Re:Nancy Pelosi (Score:5, Informative)

      by ArchieBunker ( 132337 ) on Tuesday September 27, 2022 @06:07PM (#62919183)

      She's pretty successful, but far away from the top. Take a wild guess what letter is in front of their names? https://i.redd.it/i8ftxxl2y6s8... [i.redd.it]

      • by Anonymous Coward

        They're all liars and thieves, but something ain't right. Let's look at the top names on the list you linked to. Quite a few of them have degrees in Economics or Business Management related fields. A few of them were involved in business to some capacity before going into government, so while I don't believe they're this lucky, at least they could make the case they're making informed decisions based on their knowledge and experience when managing their portfolio.

        R) Austin Scott - BBA Risk Management, Un

        • You'd have to look at their spouses and family too if you're serious about that kind of analysis.

        • Re: (Score:2, Informative)

          by bussdriver ( 620565 )

          A lot of work for a lazy post...

          Pelosi doesn't invest, fool. Her husband was a wealthy businessman BEFORE she got into office!

        • I'd add that disclosing isn't really enough. I'd impose a 24 hour hold on all transactions and force immediate disclosure of the pending transaction. If I want to make a change to my retirement funds allocations it comes with a 24 hour hold, specifically to discourage people from trying to time the market.

        • by Holi ( 250190 )
          Let's not forget Nancy Pelosi is married to an investment banker, A point you conveniently leave out.
      • I'm a republican, I'm all for smashing this advantage no matter whom it benefits.

        Let's also note the same for USSC judges?

      • To be fair, there's no way Tommy Tuberville is picking his own stocks.

      • Ignoring D vs R flamewars, that's less than 10% of congresspeople doing better than an index fund. If they are trying to get an edge through insider trading, it doesn't seem to be working.

        Though it would be interesting to see if it's the same 10% of congresspeople who beat the market year after year, or a different random 10%.

      • by Holi ( 250190 )
        All that chart shows me is that the partisan arguments are BS and party has little to do with the Congressional ethics deficit.
    • I wouldn't mind seeing Nancy Pelosi arrested for insider trading, but no, she is FAR from the worst member of congress in this. The top five stock traders in the House are Republican, with Austin Scott [benzinga.com] (Georgia) number one, with two stock trades yielding gains of 780% and 571% last year.

      Ban it.

    • Now shutting the door behind herself is probably a wise move.

      Doesn't matter who does it, only that it gets done. You know who ensured that insider trading was outlawed? Someone who got crazy rich from insider trading!

      • Rumors are that "someone" was named Joseph P. Kennedy. And after he got unbelievably rich shorting the hell out of everything before the crash of '29, he was appointed to be the first SEC Chairman, where he could then make the rules that govern publicly traded corporations and markets. And how did he know what rules to make? Because he broke all of them before they were rules.

        And you know what? The markets have been fairly healthy ever since, so I guess we all kind of win on that one.

        • Joe Kennedy helped to pull America out of the depression.

          He was also a supporter of the guy who pulled Europe out of the depression: Adolf Hitler.

          • No big deal. everybody was ok with Hitler's results until his real goals became visible... some people were just slow and others didn't want to see the truth and a few liked and admired it despite some almost universally opposed policies.

        • Nailed it.

    • by Sloppy ( 14984 )

      Wow, did you just come up with a reason to vote for old people?!

      Because they got theirs so they'll close the door to future abuses? Hmm.. it might work. Or it might fuck us all over even worse than before.

      • I've always been for death of ex-politicians. I suppose enforced poverty in a retirement-home like prison would be a compromise... Rare to be selfish and still working that hard at the end of life.

        Makes more sense than term limits. Corruption and incompetence is frequent but finding good or great people is rare. It reflects badly upon you if you need a mindless policy to make decisions for you.

    • Wow, What a stinging rebuke against... yourself.

      The article is about how stock trading is legal for all Congressmen and Senators. So you decide to single out the side you dislike and talk about how effective they are at it. Ignore all the conservatives doing the same thing.

      Your outrage is fake. If you hated this activity, you would call out your own party members, rather than talking about how your opponent does it so well.

      The only thing going on here is you convincing people that the Democrats are smart

    • I can see the need for something like this but it hardly seems fair that if one of your parents gets elected to office you suddenly are not allowed to trade stocks, especially if that happens to be your job. If you are going to do that then you need to compensate those who are, through no fault of their own, suddenly banned from a major type of investment.
      • by linuxguy ( 98493 )
        If you are dependent on your parents for money and one of them runs for the office and gets elected, then you are not allowed to trade individual stocks. You can still trade ETFs, mutual funds etc. Still want to trade individual stocks, then stop asking your parents for money. Doesn't seem very hard to me.
    • Re:Nancy Pelosi (Score:4, Insightful)

      by MachineShedFred ( 621896 ) on Tuesday September 27, 2022 @07:03PM (#62919317) Journal

      I'll take "closing the door on corruption eventually" over "wedging the door open on corruption permanently."

      Incremental progress is still progress.

    • Re:Nancy Pelosi (Score:5, Insightful)

      by chill ( 34294 ) on Tuesday September 27, 2022 @07:22PM (#62919361) Journal

      Grow up. This has been going on forever, with pretty much the first major law shining SOME light into Congressional stock trading back in 2012 [usnews.com], after a 2011 60 Minutes expose [syracuse.com].

      Nancy Pelosi isn't the first, isn't the last, nor is she the most prolific. That includes her husband lumped in as well. She's just a right-wing bogeyman. And "latter years of life" describes most of Congress [fiscalnote.com]. Yes, she's a crook. Most of them are. This type of law needs passed without childish gas lighting and point scoring.

      The average age of the 117th Congress is 59 years old and the median is 60 years old. This is much higher than the median age of 38 years in the United States in 2019, according to the U.S. Census Bureau.

      As a former employee of the SEC [sec.gov], I can tell you that they damn well know how to regulate and restrict employee stock trades. Anything other than the gov't TSP [tsp.gov], which was exempt, or broad-based mutual fund trades was heavily restricted and needed advance approval to make a trade. Just apply that system to Congress and it'll be fixed -- assuming they actually ENFORCE IT. (Something the SEC was very uneven about.)

    • by linuxguy ( 98493 )
      Ignoring the fact the Republican members of congress are much more successful at trading stocks than Nancy, why are you so fixated on trying to score political points. Why is it hard for you to discuss the actual proposed legislation?
    • by Luthair ( 847766 )
      Rather than your imaginary scenario, the problem is really senators like Richard Burr, Dianne Feinstein, James Inhofe, and Kelly Loeffler who all suspiciously sold stocks after early briefings on COVID - https://www.nytimes.com/2020/0... [nytimes.com]
    • The house will flip in November and Nancy does not want Trumpets to make money the way she did.
      • Last I checked, all musical instruments were excluded from holding public office, and trading stocks, so I am pretty sure that Trumpets will not be making money the way she did. They tend to make money from becoming rarer over time.

    • They are honestly trying to FIX a serious problem. Doesn't matter as to their motivations; what matters is now they are patching exploits. If they did heavily exploit the system that makes them experts in how to prevent those kind of exploits.

      FYI
      Pelocy''s older than death and couldn't spend all her pre-politics fortune.
      Pelocy's husband was wealthy and making tons of money... in CA real estate and owning football teams. His wealth along with her social networking is how she became one of the top fundraisers

    • What will be super interesting is watching who votes what here. I have my doubts it'll pass, based on the simple fact that nobody wants to cut their own purse strings. But this will be a nice tentpole moment for us to point to when asking if our congress critters are working for us, or for themselves.

    • by whitroth ( 9367 )

      Really? Then why is Moscow Mitch the richest member of the Senate?

  • by Tony Isaac ( 1301187 ) on Tuesday September 27, 2022 @05:58PM (#62919161) Homepage

    Two new exchange-traded funds, NANC and KRUZ, track the stock trades made by members of Congress.

    https://www.bloomberg.com/news... [bloomberg.com]

    I'm not sure it matters whether you invest in the Democrat or Republican fund, they are ALL motivated by making money.

    • by splutty ( 43475 )

      If you're not already a millionaire when you become a senator, you will certainly be afterwards.

    • And how are those funds doing?

      Pretty hard to separate facts from lazy cynicism about politicians on this topic.

    • by kenh ( 9056 )

      "The current law doesn't prohibit lawmakers from owning or trading individual securities, but it bans members of Congress from using nonpublic information available to them for personal benefit," notes the report. "It requires any transaction be disclosed within 45 days."

      Not sure about the ability to call it "tracking" when there's up to a 45 day delay in mirroring the politicians trades...

      • I read an article not that long ago that explained that most of the successful wealth creation in stock investment comes over the long term, and rarely does ‘split second’ trading work out well for individual investors.
  • by Tony Isaac ( 1301187 ) on Tuesday September 27, 2022 @06:04PM (#62919171) Homepage

    If the law passes, and it's a big IF, it would be a good thing. These guys have been engaged in what is essentially insider trading, for generations.

    But...if it does pass, they'll find ways to invest in mutual funds that just so happen to include the types of businesses that their policies and horse-trading will benefit. I wouldn't be at all surprised to see new mutual funds invented just for this purpose. Then, along with your S&P 500 or "Growth and Income" mutual funds, you'll be able to invest in the "Donald Trump Properties" or "Bernie Sanders Favorites" mutual funds, and so will they.

    • Re: (Score:1, Troll)

      by grasshoppa ( 657393 )

      The only reason they're for this is that they already have a work around.

      That "blind trust" seems ripe for exploitation.

      • by MachineShedFred ( 621896 ) on Tuesday September 27, 2022 @07:25PM (#62919363) Journal

        It doesn't even take a whole lot of imagination to see how.

        1. Establish blind trust, put close friend or business associate as the trustee.
        2. In the course of your "public service" by being on certain committees, you vote to refer some legislation for a floor vote, which you know is going to pass.
        3. You have a dinner party, where you invite your close friend or business associate, because they are a close friend or business associate. You also invite others as window dressing / plausible deniability.
        4. During the course of the dinner, when someone randomly asks if anything interesting is happening, you bring up this pending legislation and how much good it will do.
        5. Close friend / associate gets the indirect hint and makes a few well-timed market orders

    • by Anonymous Coward

      Frankly, I would rather that politicians best interests be aligned with the interests of the country, as opposed to politicians who seem to have the interests of our enemies close to their hearts [vanityfair.com]

  • Loopholes (Score:4, Interesting)

    by backslashdot ( 95548 ) on Tuesday September 27, 2022 @06:06PM (#62919179)

    Guaranteed this thing will have all kinds of loopholes. That said, something is better than nothing, and we can slowly close the loopholes one by one over time.

    • by kellin ( 28417 )

      the mutual bonds, etc, that are listed are in fact the loop holes.. it really doesnt change much at all.

      • the mutual bonds, etc, that are listed are in fact the loop holes.. it really doesnt change much at all.

        I'm not a financial type but I suspect it's pretty hard to use insider information when you're investing with a mutual fund.

        I suppose in theory you could direct the actions of the fund... but then the fund manager is now the recipient of insider information and is in heaps of trouble.

    • ... slowly close the loopholes one by one over time.

      Citation needed: The USA is still waiting for the "I swear I represent the alleged victim" requirement of the DMCA to be replaced with the requirement of legal standing used in other laws.

      US congress has a history of not closing legal loopholes, it is more common that loopholes are inserted so that everyone will vote for a weak-as-water law that politicians use as proof they 'did something'.

      • Better to have something with bugs than nothing at all. Then you must patch the bugs... but irresponsible ignorance is a defining characteristic of Americans so they won't fire for incompetence or corruption... functionally. Just look at the morons who think Biden stole the election; their anti-corruption is good but it's so delusionally incompetent people rightly compare them to a cult.

    • Guaranteed this thing will either not happen, or the holes will be truck-sized. Too many congresscreeps are insider trading, or worse, actively manipulating the market. They're not giving that up, it's most of how they get paid. The campaign contributions are relatively difficult to pocket gracefully, but they can do the stock stuff openly and get away with it all day because so many of them are crooks.

    • The "dependent children" rule makes this rule toothless from the get-go. Just have your adult children make all the trades.

      Were Joe still in the Senate I'm sure Hunter Biden would be more than satisfied with the new rules.

    • If I understand correctly the STOCK Act prohibited the use of insider information when trading stocks.

      I'm guessing it doesn't work well since enforcement is very difficult.

      So this new bill simply stops them from trading individual stocks altogether.

      • Correct. This new patch is broad stroke solution to the bug; akin to disabling speculative execution.

        Foolish cynics will dismiss the effort as the crooks will inject/amend the law with bugs they can exploit later. This may often be the case, but one simply needs more patches and yes, WE should fire the people who keep introducing new bugs. It's our collective incompetence that allows bad employees to remain (and the firing of good employees; especially forced "retirement" policies of term limits. Good one

  • https://www.helwa.live/ [helwa.live] It's a thing of the past
  • None of this “buy a hotel across the street and let Iran and China pay 50k per night wink wink nudge nudge” crap.

    While we’re at it, let’s prevent a president from giving family members free run of the government.

    Basically, let’s ban every single thing Trump tried while in office. Maybe he did this country a favor by demonstrating what NOT to do. A little bit of insider trading by congresspeople pales in comparison.
  • by radarskiy ( 2874255 ) on Tuesday September 27, 2022 @08:24PM (#62919449)

    The side effect of this ban will be that someone from the middle-class cannot afford to take office.

    If you're already rich you can afford to restructure your investments. You probably have a lot of offsetting losses you can take.
    If you're poor you have no investments so the whole thing is a no-op.
    But if you're middle-class, you'll be swallowed alive when you have to realize your capital gains.

    • by drinkypoo ( 153816 ) <drink@hyperlogos.org> on Wednesday September 28, 2022 @04:48AM (#62920211) Homepage Journal

      The side effect of this ban will be that someone from the middle-class cannot afford to take office.

      No, that's dumb. That's the argument against cutting congressional salaries. What you're saying right now is that senators cannot live on $174,000/year. I hope you have some idea of what epic level of bullshit that represents. You do I hope realize that their expenses do not come out of their salary, they have $1.25M-5M in total budget per senator [congressfoundation.org] for example.

    • Running for office in itself is quite difficult for poor or middle class people that is true; however, you are completely wrong about the elected, I've heard interviews where they had a difficult transition into the job but after the paycheck began their problems ended. They are paid quite well despite their salary being embarrassingly low relative to their responsibility and power. They can live comfortably; if greed takes hold of them they can become wealthy by abusing their power.

      With their salary and

    • by dasunt ( 249686 )

      But if you're middle-class, you'll be swallowed alive when you have to realize your capital gains.

      We're middle class.

      I've yet to see a capital gains tax.

      Considering that a congressperson's salary is $174,000, and the media household income in the US is $67,521, I don't think any member of the middle class is worse off if they are elected to congress. $174,000 is well within the top quintile of US salaries.

  • Why do they need a separate law for Congress? Shouldn't the existing SEC Laws apply for using non-public information to make stock trades? Look what happened to Martha Stewart? Shouldn't laws apply to everyone? Can you imagine a member of Congress going to JAIL for using non-public information to have an advantage for their family? I can think of at least 10 that should be arrested right now for this. I know they don't, but those in power will always be "Untouchable" as long as they have the Prosecutin
  • Mutual funds publish their composition, and many are sector-focused... so that easily allows a member of Congress to invest in a stock that they are about to pass a bill that benefits.

  • Well, at least, they're not planning to do something like that with crypto, even though there are some discussions about that already. I just think that reliable projects like https://envelop.medium.com/fro... [medium.com]are highly profitable for early investors, and if something like that will be banned, it won't be good for sure.

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