President Joe Biden has thrown his support behind banning members of Congress from trading stocks. His comments come in the waning hours of his administration as the issue has split members of Congress.
“Nobody in the Congress should be able to make money in the stock market while they’re in the Congress,” Biden said during an interview with Faiz Shakir, an adviser to Sen. Bernie Sanders, I-Vt.
Bipartisan groups of lawmakers have proposed legislation to ban congressional members from trading stocks but despite increased support, it has never received a vote.
The Stop Trading On Congressional Knowledge Act, or STOCK Act, which passed back in 2012, made it illegal for members of Congress to trade using knowledge gained from their jobs. The law also forces more transparency in their personal finances, for instance, disclosing trades in a timely manner made by themselves, their spouse or a dependent child.
But according to analysis of trading by members of Congress, members and their staffers routinely violate this law.
“We continue to see story after story hit the headlines of members of Congress who bought or sold stock relative to or related to the Silicon Valley Bank collapse” Rep. Abigail Spanberger, D-Va., said in May 2023. “Before that, it was the invasion of Ukraine. Before that, it was COVID.”
At the time, Spanberger said allowing stock trading raises conflicts of interest, questioning whether lawmakers are making decisions based on what is right for their constituents or what is best for their personal financial interests.
“The easiest, most straightforward way to achieve this is to ban members of Congress from trading stocks,” she said. “And I am so proud that we continue to have an ever-growing coalition. The bill that I lead with Rep. Chip Roy has more than 55 co-sponsors – Democrats, Republicans, across the board, geography wise, across the board, political ideology wise – because this common-sense solution of banning members of Congress from trading stocks just makes sense.”
“The truth is, Congress should not be here to make a buck,” Sen. Josh Hawley, R-Mo., said in July of this year. “Congress should be here to serve the American people. There is no reason why members of Congress ought to be profiting off of the information that only they get.”
Hawley, along with three Senate Democrats, proposed a ban on stock trading in the upper chamber at the time.
Some congressional members have had considerable success in trading stocks. There are even funds that allow regular Americans to invest like congressional members. NANC, which tracks Democrats trading habits, is up over 32% this year, outpacing the S&P 500. Meanwhile, KRUZ, which tracks Republicans, is up just 17%.
When it came up, former Speaker Nancy Pelosi, D-Calif., shot down the notion of banning Congressional stock trades. She said she opposed the idea “because this is a free market, and we are a free market economy, they should be able to participate in that.”
The trading acumen of Pelosi and her husband Paul often makes headlines. Pelosi is one of the wealthiest members of Congress with a net worth of around a quarter of a billion dollars.
Biden took pride in where he stood on the list of wealthiest members of Congress during his career in the Senate.
“For 36 years I was listed as the poorest man in the Senate, not a joke,” Biden said during an interview. “I mean in Congress, not the Senate, House and Senate. I never thought I was poor. I had a salary that a senator made. I don’t know how you look at constituents in the eye and know because the job they gave you, gave you an inside track to make more money.”
It’s tough to gauge the impact of Biden’s support of this legislation in his final weeks. But President-elect Donald Trump rang the same bell when announcing he would seek the nation’s highest office once again.
“We want a ban on members of Congress getting rich by trading stocks on insider information,” Trump said in November 2022.