Insider trading is legal… as long as you’re a member of the United States Congress. A bill has been proposed to stop members of Congress from trading on insider information, but the bill seems to be stalled in Congress. Convenient.
The bill, H.R.682 – Stop Trading on Congressional Knowledge Act (STOCK Act), sponsored by Washington Democrat Brian Baird, has only been able to garner 7 sponsors in 18 months.
It is a little suspicious that members of Congress routinely outperform the market. According to Stephen Bainbridge,
A 2004 study of the results of stock trading by United States Senators during the 1990s found that that senators on average beat the market by 12% a year. In sharp contrast, U.S. households on average underperformed the market by 1.4% a year and even corporate insiders on average beat the market by only about 6% a year during that period. A reasonable inference is that some Senators had access to – and were using – material nonpublic information about the companies in whose stock they trade.
See this article by Stephen Bainbridge for more information.
Read the full text of H.R.682 – Stop Trading on Congressional Knowledge Act.
See a summary of the bill below:
1/26/2009–Introduced.Stop Trading on Congressional Knowledge Act – Amends the Securities Exchange Act of 1934 and the Commodities Exchange Act to direct both the Securities and Exchange Commission (SEC) and the Commodity Futures Trading Commission (CFTC) to prohibit purchase or sale of either securities or commodities for future delivery by a person in possession of material nonpublic information regarding pending or prospective legislative action if the information was obtained:
(1) knowingly from a Member or employee of Congress;
(2) by reason of being a Member or employee of Congress; and
(3) other federal employees.
Amends the Code of Official Conduct of the Rules of the House of Representatives to prohibit designated House personnel from disclosing material nonpublic information relating to any pending or prospective legislative action relating to either securities of a publicly-traded company or a commodity if such personnel has reason to believe that the information will be used to buy or sell the securities or commodity based on such information. Amends the Ethics in Government Act of 1978 to require formal disclosure of certain securities and commodities futures transactions to either the Clerk of the House of Representatives or the Secretary of the Senate. Amends the Lobbying Disclosure Act of 1995 to subject to its registration, reporting, and disclosure requirements, as well as requirements for identification of clients and covered legislative and executive officials, all political intelligence activities, contacts, firms, and consultants. Requires the Comptroller General to include political intelligence activities, contacts, firms, and consultants in its annual compliance audits and reports.
Tags: Legislation, Politics