Sen. Elizabeth Warren, D-Mass., advocated for a new bill she introduced that bans members of Congress or their spouse from owning, buying or trading individual stocks.
Unlike other bills introduced, it would mandate that members of Congress and their spouses sell off all their individual stocks and invest in mutual funds instead. In contrast, other versions of the bill have allowed members of Congress the option to place their individual stocks in a blind trust.
In an interview with CNN, she said, “Now is the time to say to the American people, you can be confident that when a Representative or Senator is voting on something, they’re doing it because they believe it is best for the country, not just for themselves.”
Warren pointed out in the interview that the bill is simple, direct and bipartisan and that it is the only one that exists in the Senate. Steve Daines, R-Mont., is a cosponsor of the bill, providing support across the aisle.
Other members of Congress have recently introduced bills similar to Warren’s that prevent members of Congress from trading stock, and the idea has been popular with voters but has not yet reached enough critical momentum to make it onto the floor for a vote yet.
An investigation by Business Insider released in December found that 57 members of Congress and 182 senior-level congressional staffers have violated a federal conflicts-of-interest law, which sparked public interest in the debate. The results of the investigation revealed that lawmakers and congressional staffers in both parties are constantly investing and trading in stocks that they could impact with their votes or have insider knowledge about.
Insider found that nearly 75 lawmakers held stocks in the top three vaccine manufacturers, Pfizer, Moderna and Johnson & Johnson, well before the vaccines were deployed to the public. The investigation pointed out the hypocrisy of many lawmakers, such as Democrats who invested in fossil fuel companies and anti-smoking regulators invested in tobacco companies.
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Even before the investigation, many lawmakers were aware of the issue and introduced bills to combat it.
For example, in May 2019, Oregon’s Senator Jeff Merkley, D-Ore., and Senator Sherrod Brown, D-Oh., introduced the Ban Conflicted Trading Act, which would bar members of Congress and senior congressional staff from buying or selling individual stocks and other investments, and from serving on any corporate boards, while in office.
The bill was more flexible, allowing members of Congress to hold existing investments while in office but preventing them from trading it until they’re out of office. It also allowed for the possibility of placing their stocks in a blind trust.
More recently, Sen. Jon Ossoff, D-Ga., and Sen. Mark Kelly, D-Az., introduced a Congressional bill in January that prevents not only members of Congress but also their entire family from owning and trading individual stocks. However, similar to the Merkley-Brown bill and unlike the Warren bill, the members of Congress would still have the option to place their stocks in a blind trust.
Ossoff-Kelly stock ban bill: A potential new bill could bar members of Congress and their families from trading individual stocks
In February, Rep. Katie Porter, D-Ca., and Sen. Kirsten Gillibrand, D-Ny., also introduced legislation related to stock trading to strengthen transparency around potential insider trading.
It would require members of Congress, senior congressional staff, and senior members of the executive branch to report any time that they, a spouse, or dependent applies for or receives a benefit from the government like a loan, contract, or a grant. Gillibrand said the expanded ban would also cover supreme court justices and federal reserve governors.
While the bills around stock trading are gaining momentum, lawmakers are still in discussion about the specifics of the bill. Whether it will go onto the House or Senate floor is yet to be seen.
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Michelle Shen is a Money & Tech Digital Reporter for USA TODAY. You can reach her @michelle_shen10 on Twitter.