Congress has an opportunity to improve its standing with the American public. Ratcheting down the partisanship to avert a government shutdown and reinvigorating transparent, respectful negotiations on how to fund the 2026 budget would be a great September surprise. Since that’s a bit of a stretch, Congress could instead turn to legislative efforts to make itself more transparent and ethical. With recent allegations of lawmakers using insider information to make stock trades, a great place to start is the commonsense bipartisan movement to ban members from owning individual stocks.
Elected office in the US is public service and a privilege. Whether in DC, Des Moines, or Decatur, it’s an honor to be chosen by your fellow citizens as their elected representative. There are strong disagreements on which direction to lead, and tension in balancing district or state priorities with national ones. But ultimately, people who run for office are choosing a life of public service. As the congressionally adopted Code of Ethics for Government Service states, it means choosing a life in which one is expected to place “loyalty to the Constitution, laws and ethical principles above private gain.”
Congress has created a system to give the public confidence that Members are serving the public. Under the 1978 Ethics in Government Act, many federal employees, including members of Congress, must file annual financial disclosures reporting their income, gifts, liabilities, business income and other financial information. Congress expanded this to cover not just holdings but transactions in the Stop Trading on Congressional Knowledge (STOCK) Act of 2012. This bipartisan bill made it clear that federal employees, including elected members, are not exempt from insider trading laws. It also increased transparency by requiring officials to file reports when they make stock purchases or similar activity in excess of $1,000. These disclosures are available to the public, though sometimes up to 45 days later, and many people track them.
Disclosure, however, has not stopped elected officials or their families from profiting from stock holdings that their position in government can and does influence. Studies show a majority of members own individual stocks. Members as different as Marjorie Taylor Greene (R-GA) and Nancy Pelosi (D-CA) have earned millions in stock gains while in office. What looks below board isn’t “winning” in the market but the fact that lawmakers trade in stocks of companies overseen by committees on which they sit. In some cases, lawmakers have traded stock after receiving closed-door intelligence briefings. In others, they have directed funds to companies that their immediate family holds stock. For instance, in her capacity as Chair of the Senate Appropriations Committee, Sen. Susan Collins secured a $282.5 million “program increase” in the FY2026 Pentagon spending bill for engine upgrades for the F-35 managed by Pratt and Whitney, a subsidiary of RTX. According to her financial disclosure report, her husband owns $50,000 worth of stock in RTX.
Whether members or their families consistently beat the market or not isn’t really the point. The perception that many seem to be working for themselves instead of the public is enough to undermine faith in Congress.
With public trust in Congress at a nadir and partisanship at a peak, lawmakers have a chance to show the public they can do their job. The most effective way to do that is not simply to bring more transparency to unethical activity but to ban it outright. The Restore Trust in Congress Act is one such effort.
Led by ideological opposites Reps. Chip Roy (R-TX) and Seth Magaziner (D-RI), the bill would require members to divest their individual stocks upon taking office. It would apply to their spouses, dependent children, and any trustees they designate to manage their funds. They could still invest in the government’s retirement plan, mutual funds, Treasury bills, and precious metals like gold and silver. But the temptation—or even the appearance—of using information or power gained from congressional duties for private gain in the stock market would be removed. Members found in violation would be subject to loss of profits and a fine equal to 10 percent of the assets. Importantly, these fines would have to be paid with personal funds, not taxpayer-provided office funds or campaign contributions. And violators would be named publicly. It’s an effort with broad bipartisan support.
Banning members of Congress and their families from trading individual stocks is a small step lawmakers can take to begin regaining the trust of the American people. Public servants are supposed to serve the public. Any current member or future candidate more interested in day trading than legislating should find another line of work.
- Photo by MIKE STOLL on Unsplash