Senators to Propose Ban on U.S. Lawmakers, Executive Branch Members Owning Stock
wsj.com
wsj.com
I have to hold an ETF for 1 month before I can sell it--not that I should be swing trading ETFs, but still. It's very frustrating at times, especially when I'm relegated to using just her bank's trading platform, too.
(Though this is already close to being the case in some states that only have part-time legislators who are paid next to nothing.)
i dare say politicians are far from even the smallest bit educated on any issue as it is not what gets them votes, and even an amateur in any field or profession is likely more aware and educated then them. how many times do we hear about laws the pass about technology that clearly have no idea how said technology works?
perhapses having expects, scientists, and data be how we make choices would result in better outcomes then simply who is best at winning a popularity contest.
i recall a study done with high school class leaders where instead of voting they did something else and it resulted in better, more capable leadership, but i can't find it at the moment
At the most basic level, I worked for a company that wouldn't let you sell company stock, even as a non-executive, during a window around earnings being reported.
The wife may have knowledge about $bigco buying or selling $bigthing, and the husband may gain that same knowledge from her, even if she's honest and never intentionally disclosed it. (people aren't perfect and clues can slip, or he simply has access to her laptop or that scratch pad where she wrote down the essentials of a phone call etc.
Sarcasm aside: interesting how far they go for a simple copper on the street now. Here in Germany, that level of background checks (Sicherheitsüberprüfung Ü2/Ü3) is only done for higher level (i.e. leadership) cops and IT staff.
[1] https://de.wikipedia.org/wiki/Sicherheits%C3%BCberpr%C3%BCfu...
> What, the cops are actually doing at least something to weed out the bad apples now?
How is forcing a friend or family member to surrender their own PII have anything to do about "weed[ing] out the bad apples"?
My intuition is that those kinds of background checks have been going on for a long time, and have been focused on stuff like preventing infiltration by organized crime rather than specifically rooting out police brutality.
Sounds like they're trying to weed out some of the bad apples then, aren't they? Would you rather they not be doing this? It doesn't address all the ways in which a cop might be bad, but you shouldn't let perfect be the enemy of good.
I see how it was confusing, but what I was thinking was the nature of what is considered a "bad apple" has changed over time. I think police forces have been trying to prevent things like organized crime infiltration and corruption for a long time, while things like excessive use of force and racial bias have only started to be considered serious problem by them much more recently. Acting surprised about background checks seems like it's exclusively referring to the latter, while the process itself (e.g. getting friends' SSNs) seems mostly target at the former.
I believe this is correct.
> by organized crime
I believe this depends on the precinct.
Well, interviewing family and friends can definitely help weed out people with problematic far-right attitudes, a history of domestic violence or other issues.
And then, when they interviewed me, they asked me for further references for him.
It's relatively minor, but it's still legal repercussions.
I'm skeptical of "just some random employee", or a ban on immediate family trading AMZN. Because it's the first I've heard of this for an SDE that doesn't work in finance for Amazon, and I know plenty of folks that work at Amazon and trading AMZN has come up.
I'm not saying you're wrong, but I'd sure double-check on that because it doesn't match my experience with other large companies (for instance, there was a time when my spouse worked in Microsoft finance, and I had to have my MSFT trades approved or something, but not banned from trading).
It is possible that this is org wide.
It's not really a legal obligation as such ("only" putting the job at risk), but it does cover rather a lot of jobs.
The process of doing away with this entirely started last year: https://www.wsj.com/articles/u-s-spy-agencies-could-hire-for...
I feel like there’s a comedy sketch in here…
When I worked in finance, myself and my wife also had a lot of restrictions in regards to our investments.
Anyways, these are just a few examples, but there are a lot of domains of activity where restrictions extend not only to the direct employee but also to their spouse or direct family.
For us, it was easier to avoid making stock transactions that triggered reporting and avoid accepting gifts that would trigger reporting, than to fill out the reports. I had equity based compensation that had to be reported, but then everything else went into diversified mutual funds, which is a good idea anyway.
[1] See CA form 700. But note, this doesn't apply to federal elected officials from CA, only to state and local officials.
Just one off the top of my head - my friend works for the lottery so he nor his immediate family can buy lottery tickets.
Anything I am not authorized to trade it on behalf of the Bank, I have to seek approval and agree to minimum holding periods (for me and my family). Anything close to what I am authorized to trade it on behalf of the Bank would be instantly rejected for personal trading.
I am not sure how this proposed ban would handle cases where someone is a founder of a company that goes public? I agree the current setup is not good.
Look at how many members in Congress have made millions trading stock.
All that aside, I don't like the double standard on insider trading. I think the law should be applied equally to everyone.
This is the requirement the GOP had for Jimmy Carter.
Since then, I believe there have been 9 other proposals similar to this one. None of them have been even called to a vote.
It seem like Congress is pretty unwilling to regulate its own trading.
Until they are, feel free to track the trading here: https://www.quiverquant.com/congresstrading/
Presumably because they're on different committees. Or have different friends.
Just like existing law, pending legislation is too vast for any one person to know it all.
I haven't checked the NANC holdings, but her Microsoft position has definitely been carrying our Nancy Pelosi Strategy on Quiver.
You can see the backtest performance here, but the holdings and advanced metrics are behind a paywall (apologies in advance): https://www.quiverquant.com/strategies/
As others have pointed out, there is a delay between when the trades are made and when they are disclosed and our strategy is able to act on them.
However, this is somewhat countered by the fact that politicians tend to hold stocks for long periods of time.
There are definitely some examples of politicians trading a stock right before a massive market moving event, but I think they are generally looking at a longer time horizon when they are investing.
They do well. Generally, retiring their tenure wealthier than their congressional salary would allow at a 100% savings rate.
https://www.jstor.org/stable/10.1017/s0022381613000194
> For all trades reported electronically and on paper, the buys and sells have the same pattern; they underperform slightly for the first few months and then outperform the market after 150 days by less than 1 percent, which is not statistically significant. Otherwise, the returns of the buys and sells appear to be relatively random.
> The results show that neither Democrat nor Republican senators are especially skilled at picking stocks to buy.
https://home.dartmouth.edu/news/2020/04/us-senators-stock-pi...
The holdings and advanced metrics are behind a paywall (apologies in advance).
* Congress members don't get paid much and like money.
* They are often old with healthcare issues. Their govt health plans are not great.
* They maintain two residences, one in DC and one in their home state. AOC rents an apartment in NYC that she never lives in and one in DC. This is a huge expense.
Closing this privilege might have other unintended effects... Only the very wealthy can afford to be in Congress.
> Congress members don't get paid much and like money.
They're paid $174,000 per year. [1] That's 3–4x the median US salary. I know it's not, like, lucrative, but if they wanted a lucrative salary they should have gotten a different job!
> They are often old with healthcare issues. Their govt health plans are not great.
Fix the government health plan. Or better yet, make it a public health plan available to everyone!
> They maintain two residences, one in DC and one in their home state. AOC rents an apartment in NYC that she never lives in and one in DC. This is a huge expense.
There are only 541 of these people (plus aides, etc). The government should have an official building for sitting Congresspeople to live in. Like a dorm, but for electeds!
[1] https://en.wikipedia.org/wiki/Salaries_of_members_of_the_Uni...
They could also vote themselves a higher salary, but I guess they realize that would be very unpopular with the general public who, for the most part, get paid far less than politicians. The complaint essentially boils down to spoiled brats whining about wanting to be part of the economic elite. For most of the public, this complaint falls on deaf ears, particularly when it's coming from people who already have a great deal of power and are insulated from the realities of life experienced by most of the people they're ostensibly meant to be representing.
"Boo hoo, I already earn 3-4x more than most people in my state and belong to an elite class of policy makers but I'm so impoverished and oppressed because the billionaires have bigger houses than me :("
Honestly more insufferable than Marie Antoinette.
https://www.sciencedirect.com/science/article/abs/pii/S00472...
> We find no evidence of superior investment performance whether we look in aggregate or at Senators specifically accused of informed trading. Over a six-month horizon, stocks bought by House Members underperform on average by 26 basis points, while stocks sold underperform by 11 basis points.
https://www.marketwatch.com/story/congresss-crypto-traders-t...
You can search for individuals on top to see their full transaction list. Lummis bought up to $100K of Bitcoin in 2021: https://www.quiverquant.com/congresstrading/politician/Cynth...
Anyway when I search under correct name, I only find 2 trades, from 2021. She really had no other trades?
Here's where you can search for the source disclosures - only seeing two trades on her periodic transaction reports: https://efdsearch.senate.gov/search/
It's really hard to prove someone traded off of insider information if they make a decision to buy/sell for themselves. If they don't tell anyone else why they made the trade, you don't really have any proof that it was made off of material non-public information.
If a congressman is forced to ask someone else to trade for them, they might be careless and you might be able to find evidence via text messages or phone records.
The last time a U.S. Representative got convicted for insider trading, it was because he called his son to tell him to trade a stock that he had insider information on: https://www.justice.gov/usao-sdny/pr/former-congressman-chri...
Are you now in a position where you have to prove a negative? Are there people in prison right now because of exactly this type of occurrence, or is it so circumstantial that it's not even pursued unless there is additional evidence, e.g. you always buy $500-1k in stock but after this call you buy $10k in options or something.
The people who do get convicted are usually those who were being particularly egregious or who pissed someone off enough to rat them out. For example, Martha Stewart got convicted because her assistant (whom she regularly called a "little shit") decided to testify against her.
https://wibc.com/154888/climate-czar-john-kerry-throws-wife-....
The point is repeatedly emphasizing that "personally" he doesn't have a plane meanwhile repeatedly using his wife's plane while being the "Special Presidential Envoy for Climate".
https://www.usglc.org/positions/special-presidential-envoy-f...
New barriers include: the actual work of moving money around to and from friends and family and directing trades, counterparty risks in doing so (e.g. sibling dies and leaves money to someone else or takes the money and runs), tax complications, or reputational risk if found to be violating "spirit of the law" that might harm election odds. There are surely more frictions and barriers like these that I'm not capturing.
https://processtypefoundry.com/fonts/colfax/
I might add the following for a slightly crisper look:
text-rendering: optimizeLegibility;
-webkit-font-smoothing: antialiased;On a federal level, There are safeguards we can add and perplexity to trading stock for congressmen. One such rule is the disclosure rule. This makes it a slight pain to invest. A second rule I propose is committee conflict rule, declare stocks that are in conflict with a committee hearing, and offer recusal to the chair each time on a hearing with a potential conflict. A third rule is prohibition on potential stock trades after a committee hearing for 90 days or until hearing is published. And do not disclose details of the hearing with anyone until it is published.
These rules add pains and discouragement to stock trades. But outright bans are not there.
(Nancy Pelosi is interesting. She entered Congress worth about ~3-4 million. Now she is worth $100 million, give or take $20 million depending on the estimate. Interesting. I'm not saying it's Insider Trading, but the probability...)
Meanwhile, her husband is a VC, and probably makes a good deal of money for them as well.
Didn't she touch it though? A lot of people would be multimillionaires if they only put money in and never took money out.
The question is, with what she did invest, and the money she did take out, would she still be that wealthy.
Also, that's the lower bound by what people estimated she had when she entered congress and close to the upper bound of what she would be worth today.
But it's entirely possible that someone in the SF area with a SV husband beat the S&P without resorting to insider trading on public markets. Heck, the house she bought has probably beaten the S&P.
To reiterate, I always assumed she was insider trading. These numbers are making me question that.
Most people don't lump sum in the market like that, it probably ignores the taxes she would have to pay if she took the money out now, and most people use some of the money in the meantime.
I'm just saying if you lived a good lifestyle, the money is already mostly taxed, and you didn't invest everything all-at-once, and you still have the amount of money you would get with lump-sum and never touch S&P, you're doing far far better than the market.
Say, asset allocation (other than their home and a Washington pied a terre) of 50% US stocks index, 20% non-US stocks index, 30% US bonds index.
No stock-picking. No sector-picking. No real estate other than through the indexes. No private company ownership. No trusts. No circumvention.
Alignment with ordinary people's retirement funds seems great.
They're generally incentived to keep all 3 indexes up.
AFAICT, forcing lawmakers to invest in total market index funds (with only buy/sell and maybe stop-loss; where total market is defined as an index fund tracking every publicly traded stock in proportion to its value) where it is difficult to make short term trades with insider knowledge of major market moving events would align their incentives with both our retirement accounts and improving a major slice of the economy.
One might say law makers would circumvent this regulation by having friends and family make the trades on their behalf, an outcome Id welcome; it’s easier to catch them making illegal trades when they have to coordinate to make it happen.
I think it would also mean a significant portion of your compensation as a lawmaker is a direct result of developing the markets. In some ways, regulation like this looks like performance based compensation.
Like most such "reforms", it is intended for naive public consumption while also being easily circumvented.
Setup a trust or corporation run by a family member and continue with business a usual.
This bill is step one. When (not if) it gets circumvented, that's when the next law addressing that problem can be passed.
If the politicians manage the process correctly, they can forever be passing "reform bills" which sound good...but have enough loopholes so that nothing resembling actual reform ever happens.
Rule of Thumb: If somebody claims they want to build a transportation system, then starts with a square wheel and talks about improving it as the next step - then either [1] they're teaching, and it's only a pedagogical exercise, or [2] they are lying about wanting to build a transportation system.
Think, for instance, about how many more people might become aware of / interested in the problem, who were previously unaware or uninterested in insider stock trading by members of congress, should a historic bill be passed to initialize the process of stopping the problem.
>> should a historic bill be passed
Passed? They've never brought even a flawed bill like this to a vote, let alone passed one.
That's how you get 40+ years of abortion being legal on a technicality, rather than being properly codified into law. It's how you get "student loan forgiveness" instead of any attempt at fixing the student loan racket. It's how you get a NASA where the overall budget is constantly decreasing with the exception of the super expensive rocket no one wants.
Sure, in the moment, these were nice decisions and helped while they lasted, but overall they're simply suppressing actual solutions to focus on feelgood promises.
For actions which are not free (and getting any bill through Congress sure as h*ell isn't), one can write a very simple "break even" formula - relating the cost of action A, the efficiency of action A, and the value of the benefits that a 100%-efficient action would provide.
For actions falling short of break-even, it's generally considered wiser to spend the resources on something else.
You can spend money re-roofing your house with cotton candy - because shingles were too expensive, or unavailable, or whatever. Yeah, that does scratch the itchy need to "do something!". But longer-term...
No, it's not.
It's just the latest in a long line of campaign finance reform --- most of which is ineffective because it was purposely designed from the get-go to be easily circumvented.
The open secret here is that you're counting on an organization (Congress) to police itself.
This makes no more sense than an counting on Congress to avoid raising it's own pay. How has that worked out?
Congress hasn't had a raise since 2009. Their current effective pay is the lowest its been in 75 years. https://en.wikipedia.org/wiki/Salaries_of_members_of_the_Uni...
The reform laws (like this one) are written to make it's incredibly easy for politicians to personally profit from "campaign contributions" --- among other things.
Example: Trump personally buys copyrighted MAGA hats in bulk from China for $3 each and sells them to his campaign for $35 each. Instant personal profit --- from your "contributions". His campaign sells some, gives some away and trashes any remainder. They don't care, it's your money, not theirs.
Unless you can control their contact with that family member, that sounds like it would accomplish approximately nothing.
Proposed by Sens. Kirsten Gillibrand (D-NY) and Josh Hawley (R-MO)
The devil will be in the details; in particular it would likely have to extend to spouses.
Also why the insiders from both sides will be so scathing about outsiders on the other side and claim they are literally $evil_person_from_history
Interesting, as JH would probably not agree with most of the personal politics of Yale's campus community, but the Law School may have a different culture. I don't know.
The point is this is the kind of BS (and you're 100% right, it is awful) that you have to put in the "less important" basket if you want to get anything reformed ever.
But the fix here seems pretty easy. If you are an executive at a publicly traded corporation, you have to disclose any changes in your position of that stock months in advance. Just make politicians follow the same process for the entire stock market.
But beyond that, even if it passes, I expect so many violations that it'd be as if it didn't pass.
If we've learned anything in the last 6-7 years is that if there's no shame, law becomes less relevant. It's enough to look at some of of the current crop (and I'm doing my absolute best to prevent myself George from dropping Santos actual names here) to understand that the believe they're above any law.
Alternative Universe:
New Proposal Bans Plumbers from Houses of Congress.
Read: Under new proposal Mario Bros must trade in plungers for portfolios. Minority Leader Bowser had this to say: "It's important for the koopas of our nation to know their leaders are working for them, and not taking all the mushrooms and star powers for themselves."
It should be banned out right or every position they take is public knowledge within 1 trading day or less.
"Representative Nancy Pelosi has made up to $12.5M off of Microsoft stock so far this year. This is almost 100 times her salary as a member of Congress. "
I love this graph
Other way around, every position they _plan_ to take is public knowledge 24 hours in advance.
EDIT: ==== Other comment says a week, I'm good with that
If you know in advance what position someone is going to take, then, logically they have already taken the position (otherwise, how would you know with certainty what position they're going to take?.
This isn't mere wordplay; the practical consequence is that even if you knew in advance how they would vote on a particular decision (maybe you're definition of "position they plan to take"), you should assume they have also already made other steps to take advantage of that public knowledge. If my reasoning is correct, then I don't know that your proposal would make too much of a dent in the (safe to assume) "insider trading" that's happening.
So I think a better policy would be to be ban trading altogether for these folks, because that would also disincentivize people from pursuing these careers for extreme profit.
In finance a position is having ownership of something. For example right now I do not own any Apple stock so it might be said I do not have a position in Apple. If I were to buy Apple stock that would be taking a position.
What then is being suggested above is that Congress members and Executive members have to make public trades they are going to do 24 hours before making those trades.
And they are full time jobs that require an enormous amount of personal ambition (which is usually tied to wealth) so one can argue even being in congress prices out anyone NOT a "multi-millionaire".
If so, it really helps frame just how messed up this system is.
Like What system would You propose where campaigning funds don't matter? What, public fund where every candidate gets a fair share and they are prohibited to, for example, printing flyers on their own? In the land of free, nonetheless? Ofcourse it costs a lot to campaign for high positions in country as big as the US. Actually, in any country.
No more super bowl campaign ads? That sounds like a great system to me.
As for single account, again: will your forbid other "individuals" to make any political contributions that might or might not influence standings of a given candidate? Verry quickly you start playing cat and mouse game, and at the same time, heavily infringing on freedom of expression
So basic supply and demand means more competitive seats, more expensive races, more pricing out anyone attached to the reality of living an average citizens life in this country.
I don't have an alternative proposal at the moment but step 1 is identifying the issue.
Day-traders have massive "trade volume" relative to those who hold large index funds.
Everyone here knew about Openai, ChatGPT, and Microsoft since day 1.
TBH, it seems like an idea that sounds good on the surface but has practical issues in implementation that would make it irrelevant
It does seem better than the status quo of ‘extremely lucky’ returns though.
And also all the state and local governments are heavily depending on equities to deliver major gains to fulfill their deferred compensation for government employees (otherwise they have to increase taxes to make up for lack of any performance), so the more state and local tax you pay or are able to pay, the more invested you are in backstopping the markets also.
That’s patently false. Nancy Pelosi is no longer Speaker of the House.
The former Speaker of the House’s husband was the one doing all that.
It is absolutely possible for a new imperfect system to be worse than the imperfect system that it replaces.
You can put $X into the trust, but you never know which companies that money is invested in. When you ask for $Y to be paid out, the manager of the fund sells what they see fit to fulfill the request without the client's involvement/input
The fact is that there are a lot of jobs that, at a minimum, place a lot of restrictions on the purchases and sale of stock of individual companies. (Many journalists and analysts for example.)
Or are we saying that a person in congress is not allowed to start a business?
Is the CEO of Tesla (~50B ?) really more impactful than the US president (~400k/yr) ?
But if they're making say ~2M/yr then there's very little reason to go lenient on a company so that they'll give you a retirement job there afterwards. It also means that if somebody wants to bribe you then the bribe has to be rather large as you're both risking that salary and you also certainly don't need that bribe. (Although I do also think the government should stop footing the bill for a lot of the stuff the congress critters do and if you want to spend 1/2 your presidency golfing that comes at your own expense).
The salaries of government people has filter down affects though as federal employees cannot make more than the vice president (~261,400).
How about a public service that DOESN'T attract people who's primary directive is get ridiculously wealthy?
I suspect government is actually not nearly as lucrative as non-government and that's why people who "don't have the skills" are in government.
Rich people whining about not being super mega rich. Fuck these asshats.
I think if we raised salaries your sentiment could work, but good luck with that.
https://data.bls.gov/cgi-bin/cpicalc.pl?cost1=174%2C000.00&y...
To receive a congressional pension, you need 5 years of service (to be elected to 3 terms), the pension can't exceed 80% of your salary, and is based on the number of years of service.. There are ~280 prior members of congress collecting FERS pensions and the average collected was $41k/year in 2016.
Want to compete with legacy auto? Want to compete with Google? Hmm, lets think of all the new regulations that you might have to meet. There are perverse incentives even in that system.
If we believe this to be effective for individuals on Wall Street I'm sure it's a good start for Congress.
I want to know as soon as Nancy Pelosi and family makes a trade.. not 30 days later.
> Sens. Josh Hawley, R-Mo., and Kirsten Gillibrand, D-N.Y., are set to introduce the legislation in the Senate. It would prohibit those affected from owning stocks in individual companies, even through a blind trust, the Wall. Street Journal reported Wednesday.
"No individual stocks, period" seems like a fairly reasonable restriction.
https://www.foxnews.com/politics/sens-hawley-gillibrand-push...
Either lawmakers should not be allowed to own stock, or insider trading shouldn’t be a crime, though the latter option is a lot more abusable.