CQ TODAY PRINT EDITION
– CONGRESSIONAL AFFAIRS
July 13, 2009 – 8:50 p.m.
Bill Aims to Prevent Use of Insider Financial Information by Federal Workers
By Bennett Roth, CQ Staff
With the federal government increasingly involved in the financial affairs of private companies, a pair of lawmakers has proposed prohibiting members of Congress and other federal employees from trading stocks based on non-public information obtained from congressional or federal agency activity.
The bill (
The measure would also prevent outsiders from trading stocks based on private information passed to them from legislative or executive branch employees.
The legislation, sponsored by Brian Baird , D-Wash., and House Rules Chairwoman Louise M. Slaughter , D-N.Y., would change House rules to bar members and staff from disclosing non-public information related to a publicly traded company.
It would also require members to report stock transactions of more than $1,000 within 90 days, in contrast to the current practice of reporting such sales and purchases on annual financial disclosure forms. And it would direct firms that specialize in political intelligence to register with the House and Senate, as lobbying firms do.
The House Financial Services Subcommittee on Oversight and Investigations heard testimony on the bill Monday.
“We’ve reached a point where the more the government is involved in the market, the greater the potential for abuse of insider information,” said Baird. The prohibitions would have the most impact on lawmakers who sit on the Financial Services, Appropriations, Ways and Means, and Energy and Commerce committees, Baird said.
Early Access
Slaughter noted that in the past year, Congress has been involved in bailing out financial services firms and overseeing the Troubled Asset Relief Program. She said she is particularly concerned that political intelligence firms were trying to obtain information from congressional staff on pending legislation that could affect investment decisions.
“Congress and federal employees have had early access to so much sensitive information that can seriously affect the stock market, that we cannot wait any longer to close these loopholes,” Slaughter testified to the subcommittee.
The financial market regulatory overhaul being considered by Congress will “bring with it even greater opportunity for those with early access to information to profit on an immense scale,” she said.
Watchdog groups say that unlike the private sector, members of Congress have avoided any regulation of their trading based on the information they are privy to on the job.
“It is kind of bewildering that it is perfectly legal for members of Congress and their staff to use this kind of information,” said Craig Holman, legislative director of Public Citizen.
But J.W. Verret, a law professor at George Mason University, cautioned against going too far in trying to penalize outsiders for seeking information about the legislative process for their clients.
“A Washington insider is not the same as a corporate insider. This is not insider trading,” Verret told the panel.
Verret said that while he supported changes to House ethics rules, he did not believe Congress should expand the jurisdiction of the Securities and Exchange Commission.
Rep. Judy Biggert of Illinois, the top Republican on the subcommittee, said it might be difficult to determine exactly what legislative information would be classified as non-public. “Where do you draw the line?” she asked. “You don’t always know that you know something.”
Biggert wondered whether members of Congress should each consider putting all of their assets into a “blind trust” to avoid conflicts of interest regarding companies in which they were invested.
But Baird said that even if information is clearly labeled as non-public under current law, lawmakers and staff could still use it to make investment decisions.
“Right now sort of anything goes,” he said.




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