Congress members push to ban stock ownership, amid insider trading concerns, toothless enforcement
Last year, top House Republican leader Mike Johnson said he supported a total ban. But now he’s with President Trump in saying let members keep what they have – but restrict new trades.
As many Americans struggle just to cover the cost of groceries and gas, there’s ongoing outrage over members of Congress quietly posting fantastical returns in the stock market.
It’s a longstanding issue and after attempts at serious reform 14 years ago, all sides seem to admit more is needed.
Dylan Hedtler-Gaudette is with the nonprofit watchdog Project on Government Oversight.
“There’s recent analysis that has been released by the National Bureau of Economic Research that has shown that when members of Congress get into congressional leadership, they magically begin to outperform even their peers, who they used to be kind of on par with in terms of how they performed in the stock market,” he recently told "Full Measure." “And once they become leaders in Congress, they end up outperforming by quite a bit.”
One of the controversies lies in the fact that some members are profiting off their investments in the very companies and industries they regulate, prompting allegations of “insider trading.”
Iowa GOP Rep. Zach Nunn is widely considered the most vocal supporter of a total ban on individual stock ownership for members of Congress. He sold all of his stock before being sworn into office in 2023.
“I'll give you 200 million reasons why there's a problem here,” he says. "We have multiple members of Congress who are performing 40% better than the S&P. It is unfair for Americans to see members go off to Washington and make more money than hedge funds are doing in New York.
"This is the definition of insider trading. When we have folks who are earning well above the norm, it's a direct reflection of the fact that they're involved in energy technology and financial services. Something Congress should oversee, not get rich from.”
For two decades, it’s been a hot-button issue that’s gained bipartisan support.
On April 4, 2012, President Obama signed the Stop Trading on Congressional Knowledge Act: the STOCK Act. It seemed a simple fix. No member of Congress, their staff, or even the president can trade stocks based on non-public information they got on the job. And every trade has to be publicly disclosed within 45 days.
Yet members of Congress have continued crushing the market – beating the S&P 500 by double digits year after year.
“We basically ran a 10-12 year kind of pilot program with the STOCK Act being how we try to regulate this – and it doesn't work,” says Hedtler-Gaudette. “And they also very routinely violate the pretty meager reporting requirements under the STOCK Act because they don't face any real penalty for doing so.”
The penalty for violating the STOCK Act? Just $200. Over 70 members have since been found in violation of the act, most recently Reps. Ed Case, a Hawaii Democrat, and Rich McCormick, a Georgia Republican, the news outlet NOTUS reported earlier this month, based on a review of congressional records shows. Each reported late on their trades.
Texas GOP Rep. Chip Roy is leading the charge for the Restore Trust in Congress Act, which if passed by Congress and signed into law would force members to get rid of individual stocks within six months of taking office.
“The STOCK Act illuminated the problem,” Roy says. “So now we have data because of all of the transparency that the STOCK Act required. And so now you can go look and see what members are doing. The key issue isn't really the insider trading, it’s the lack of trust the American people have that we're making good decisions for them.
"Because how can you make a good decision on defense policy if you have major positions in defense stocks? If you have a major position in Google, are you gonna break up Google? Are you gonna not break up Google? I don't know what the right policy is on breaking up Google, but it shouldn't be based on whether or not you think you've got a personal stake in it.”
Members frequently say they have no knowledge of trades or which stocks are in the stock index, which is handled by a broker or financial adviser.
The Restore Trust in Congress Act has more than 100 co-sponsors including Rhode Island Democrat Rep. Seth Magaziner, who also is an investment professional.
“There are two problems here," he told "Full Measure." "One is the problem of insider trading and members of Congress having advanced knowledge of information that could be market moving and profiting off of that inside information that is a problem that we need to solve.
"The second problem is when we, as members of Congress, are deciding how to vote on a bill. We should be voting based on what we think is the best thing for the American people, not as not what is the best thing for our investment accounts. And, you know, how can a member of Congress make an impartial decision when they know, oh, I own so many shares of Apple, or I own so many shares of Pfizer, or whatever it may be?”
But there’s a divide over a total ban or something less restrictive President Trump favors. The Stop Insider Trading Act bans new stock purchases by members and their families, but lets them keep what they already have.
Last year, top House Republican leader Mike Johnson said he supported a total ban. But now he’s with President Trump in saying let members keep what they have – but restrict new trades.
So far, none of the proposals seem to be on the front burner, though a majority in both parties say something new needs to be done.
Meanwhile, congressional portfolios continue to raise eyebrows.
In 2025, dozens of lawmakers managed to beat the S&P 500 – some by more than 50%. Polling shows 85% of Americans want a full ban on congressional stock trading.