# Proposals to Limit Financial Activities of Members of Congress: Background and Analysis of Legislative Proposals

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URL: https://www.frixlaw.com/law-library/documents/crs%3AR47818

## Record

- **Collection:** Congressional research report
- **Document type:** Reports
- **Published:** March 19, 2025
- **Citation:** R47818

## Text

Proposals to Limit Financial Activities of
Members of Congress: Background and
Analysis of Legislative Proposals
Updated March 19, 2025

Congressional Research Service
https://crsreports.congress.gov
R47818

SUMMARY

Proposals to Limit Financial Activities of
Members of Congress: Background and
Analysis of Legislative Proposals

R47818
March 19, 2025
Jacob R. Straus
Specialist on the Congress

In recent years, some Members of Congress have proposed reforms that would prohibit the
purchase, sale, or ownership of certain financial instruments by Members of Congress and other
specified congressional officers and employees. In the 117th Congress (2021-2022), the
Committee on House Administration held a hearing on these proposals, with several Members and witnesses focused on
legislative proposals to require divestiture, limit the sale or purchase of certain assets, and enhance public disclosure.
Members of the House of Representatives and Senate are not currently required by law or by House or Senate rules to divest
themselves of assets or holdings upon taking office. Legislation has been introduced to propose limitations on the financial
activities of Members of Congress as a potential means to address real or perceived conflicts of interest. Analysis of
introduced legislation reveals several options should the House and/or Senate desire to limit financial activities for Members
of Congress and covered officers and staff. These measures propose to prohibit or limit covered individuals from the holding,
purchase, sale, and/or active management of certain types of financial assets; to define the assets that would be included and
excluded from filing requirements; to allow or require certain assets to be placed in qualified blind trusts; to broaden public
access to Member financial disclosure statements and other filings; and to amend penalties for noncompliance.
This report examines bills and resolutions introduced between the 115th Congress (2017-2018) and the 118th Congress (20232024) that would limit or prohibit Members of Congress from owning, buying, or selling certain assets. The report provides
an overview of current financial disclosure requirements for Members of Congress and covered congressional employees,
analyzes bills that would limit or prohibit certain financial activities by Members of Congress, and discusses the most
common approaches included in the introduced legislation.

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Proposals to Limit Member of Congress Financial Activities

Contents
Introduction ..................................................................................................................................... 1
Laws Governing Financial Disclosure ............................................................................................ 1
Ethics in Government Act ......................................................................................................... 2
STOCK Act ............................................................................................................................... 2
Proposed Limitations on Financial Activities .................................................................................. 4
Prohibit or Limit the Holding, Purchasing, or Selling of Certain Assets .................................. 4
Amend Current Law or Create New Law ........................................................................... 6
Amend House Rules ........................................................................................................... 6
Included and Excluded Assets ................................................................................................... 7
Use of Qualified Blind Trusts ................................................................................................... 8
Public Access to Disclosure Filings ........................................................................................ 10
Penalties for Noncompliance ...................................................................................................11
Considerations for Congress.......................................................................................................... 12

Tables
Table A-1. 115th Congress: Proposals to Limit or Prohibit Certain Financial Activities ............... 14
Table A-2. 116th Congress: Proposals to Limit or Prohibit Certain Financial Activities ............... 15
Table A-3. 117th Congress: Proposals to Limit or Prohibit Certain Financial Activities ............... 17
Table A-4. 118th Congress: Proposals to Limit or Prohibit Certain Financial Activities ............... 23

Appendixes
Appendix. Current and Past Legislative Efforts to Limit Member of Congress Financial
Activities .................................................................................................................................... 13

Contacts
Author Information........................................................................................................................ 33

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Proposals to Limit Member of Congress Financial Activities

Introduction
Federal government officials and employees, including Members of Congress, when taking
official action, are expected to place “loyalty to the Constitution, laws and ethical principles
above private gain.”1 In 1978, Congress used this guiding principle to enact the Ethics in
Government Act (EIGA), which created the current government ethics program to “preserve and
promote the integrity of public officials and institutions.”2
Two current federal laws—the EIGA and the Stop Trading on Congressional Knowledge
(STOCK) Act—require financial disclosures that can be used to understand covered federal
officials’ financial holdings and activities.3 One scholar noted, “the Ethics in Government Act of
1978 [is] a reflection of one of our nation’s most fundamental aspirations for government: that
official decisions should be made in the interests of the common good, not in the narrow selfinterests of the individuals in power.”4
Since at least the 115th Congress (2017-2018), legislation has been introduced that proposes to
restrict the financial activities of Members of the House of Representatives and Senate. Broadly,
these proposals seek to go beyond disclosure—as required under the EIGA and the STOCK Act—
to place limitations on ownership and transactions. Additionally, in 2022, the House
Administration Committee held a hearing on proposals introduced in the 117th Congress (see
Table A-3 for a list of legislation introduced in the 117th Congress).5

Laws Governing Financial Disclosure
This section provides background on the Ethics in Government Act (EIGA) and the Stop Trading
on Congressional Knowledge (STOCK) Act.

1 Code of Ethics for Government Service (H.Con.Res. 975 (1958), 72 Stat. B12). The standards included in the Code of

Ethics for Government Service are still recognized as continuing ethics guidance in the House and Senate. They are not
legally binding, because the code was adopted by congressional resolution, not by public law. The Code of Ethics for
Government Service is cited by many House and Senate investigations. For example, see U.S. Congress, House
Committee on Standards of Official Conduct, Investigation of Certain Allegations Related to Voting on the Medicare
Prescription Drug, Improvement, and Modernization Act of 2003, report, 108th Cong., 2nd sess., H.Rept. 108-722
(2004), p. 38.
2 P.L. 95-521, 92 Stat. 1824 (1978); 5 U.S.C. §§13101-13111.
3 EIGA, 5 U.S.C. §§13101-13111; and STOCK Act, P.L. 112-105, 126 Stat. 291 (2012).
4 Beth Nolan, “Removing Conflicts from the Administration of Justice: Conflicts of Interest and Independent Counsels
Under the Ethics in Government Act,” Georgetown Law Journal, vol. 79, no. 1 (October 1990), p. 2.
5 U.S. Congress, Committee on House Administration, Examining Stock Trading Reform for Congress, hearing, 117th
Cong., 2nd sess. (April 7, 2022), https://www.govinfo.gov/content/pkg/CHRG-117hhrg47699/pdf/CHRG117hhrg47699.pdf; https://cha.house.gov/committee-activity/hearings/examining-stock-trading-reforms-congress; and
https://democrats-cha.house.gov/committee-activity/hearings/examining-stock-trading-reforms-congress. See also,
CRS Testimony TE10073, Examining Stock Trading Reforms For Congress, by Jacob R. Straus; and CRS Insight
IN11860, Stock Trading in Congress: 117th Congress Proposals to Limit or Prohibit Certain Financial Transactions,
by Jacob R. Straus.

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Ethics in Government Act
As amended,6 the EIGA requires covered employees, including Members of Congress,
congressional officers, and selected congressional staff,7 to file annual financial disclosure
statements that report “income, gifts, liabilities, property—both real property and business-related
personal property—positions in business enterprises and other organizations and also any
agreements relating to post-Government employment.”8 Representatives, Delegates, the Resident
Commissioner, Senators, House and Senate officers, and other specified covered employees are
required to file annual financial disclosures statements with the Clerk of the House of
Representatives and the House Ethics Committee,9 or the Secretary of the Senate and Senate
Select Committee on Ethics,10 respectively.11 The House Ethics Committee and the Senate Select
Committee on Ethics each provide guidance for financial disclosure filing.12

STOCK Act
On April 4, 2012, President Barack Obama signed the STOCK Act into law.13 The STOCK Act,
as amended, affirms that Members of Congress, congressional employees, and other federal
6 P.L. 101-194, 103 Stat. 1724 (1989); P.L. 112-105, 126 Stat. 291 (2012); 5 U.S.C. §§13101-13111.
7 5 U.S.C. §13101(12)-(13); and 5 U.S.C. §13103(f)(9)-(10). The House Ethics Manual defines financial disclosure

filers as “all Members of the House and those House employees earning―above GS-15, that is, at least 120% of the
federal GS-15 base level salary, for at least 60 days during the calendar year.” U.S. Congress, House Committee on
Standards of Official Conduct, House Ethics Manual, “Who Must File,” 117th Cong., 2nd sess., December 2022, p. 262.
For CY2024, “the GS-15, step 1, basic pay rate ... is $123,041. The applicable 120% calculation for that rate is
therefore $147,649, or a monthly salary of equal to or more than $12, 304. This rate is referred to as the ‘senior staff
rate.’” U.S. Congress, House, Committee on Ethics, “The 2024 Outside Earned Income Limit and Salaries Triggering
the Financial Disclosure Requirement and Post-Employment Restrictions,” Pink Sheet, January 17, 2024, p. 2,
https://ethics.house.gov/wp-content/uploads/2024/06/2024-Annual-Pay-Memo.pdf. The Senate uses the same definition
for filers. See U.S. Congress, Senate, Select Committee on Ethics, “Chapter 5: Financial Disclosure,” Senate Ethics
Manual, 2003 edition, p. 125, https://www.ethics.senate.gov/public/_cache/files/f2eb14e3-1123-48eb-93348c4717102a6e/2003-senate-ethics-manual.pdf#page=135.
8 5 U.S.C. §13109(f)(9)-(10). U.S. Congress, House Committee on the Judiciary, Ethics in Government Act of 1977,
report to accompany H.R. 1, 95th Cong., 1st sess., November 2, 1977, H.Rept. 95-800 (1977), p. 16. For further
clarification on the definition of Members of Congress and officers or employees of the Congress, see 5 U.S.C.
§13101(12)-(13).
9 U.S. Congress, House, Office of the Clerk of the House of Representatives, Financial Disclosure Reports,
https://disclosures-clerk.house.gov/PublicDisclosure/FinancialDisclosure; and U.S. Congress, House, Committee on
Ethics, “Financial Disclosure,” https://ethics.house.gov/financial-disclosure.
10 Senate Rule XXXIV. U.S. Congress, Senate, Secretary of the Senate, “Senate Public Financial Disclosure (Senate
Rule 34),” Public Disclosure, https://www.senate.gov/pagelayout/legislative/g_three_sections_with_teasers/
lobbyingdisc.htm; and U.S. Congress, Senate, Select Committee on Ethics, “Financial Disclosure,”
https://www.ethics.senate.gov/public/index.cfm/financialdisclosure.
11 Once financial forms are filed with the appropriate House or Senate office, the Ethics Committees can review
documents for compliance with EIGA. If a potential conflict of interest has been identified, the remediation process is
implemented differently in the three branches of government. For example, executive branch officials can be required
to recuse themselves from a matter due to a real or perceived financial conflict of interest, as there is almost always
another individual within the agency who can act in the absence of an agency decisionmaker. 18 U.S.C. §208(a); 5
C.F.R. §2634.605(b)(6). For more information, see U.S. Office of Government Ethics (OGE), Effective Screening
Arrangements for Recusal Obligations, DO-04-012, Washington, DC, June 1, 2004, https://www.oge.gov/Web/
OGE.nsf/0/A633CAF20D2571F5852585BA005BED3D/$FILE/DO-04-012.pdf; and OGE, “LA-14-06: Flexibility in
Ensuring and Documenting Compliance with Ethics Agreements,” https://www.oge.gov/Web/OGE.nsf/0/
E527228F98093F59852585BA005BEC70/$FILE/eecbe744513c40b7a3c049def23f2fdd3.pdf.
In the executive branch, other remediation options exist besides recusal. These can include divestiture, issuance of
waivers, creation of blind or diversified trusts, reassignment, and/or resignation. For a discussion of recusal and the
(continued...)

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officials are not exempt from “insider trading” laws and regulations.14 Under the STOCK Act
amendments to the EIGA, covered individuals—primarily those who already file financial
disclosure statements, including Members of Congress, officers, and covered congressional
employees—must report financial transactions (e.g., sales and purchases of stocks, bonds,
commodity futures, and other securities) that exceed $1,000 within 45 days of the transactions.15
Periodic transaction reports are filed in the same manner as the covered individuals’ annual
financial disclosures. For Members of Congress, both their financial disclosure forms and their
Federal Vacancies Reform Act of 1998 (Vacancies Act; 5 U.S.C. §§3345-3349c), see CRS Report R44997, The
Vacancies Act: A Legal Overview, by Valerie C. Brannon. For a discussion of conflicts of interest in the executive
branch, see CRS Report R47320, Financial Disclosure in the U.S. Government: Frequently Asked Questions, by Jacob
R. Straus. For a discussion of conflicts of interest in the judiciary, see CRS Legal Sidebar LSB10949, Financial
Disclosure and the Supreme Court, by Whitney K. Novak.
For Members of Congress, a required recusal policy is potentially problematic. Only Members of Congress can
represent their constituencies by speaking and voting in congressional committees and on the House or Senate floor.
Further, House rules note that “every member … shall vote on each question put, unless having a direct personal or
pecuniary interest in the event of such question.” U.S. Congress, House, “Rule III, clause 1,” Rules of the House of
Representatives One Hundred Nineteenth Congress, p. 4, https://rules.house.gov/sites/evo-subsites/rules.house.gov/
files/documents/houserules119thupdated.pdf#page=6. Historically, some legislatures, including the House of
Representatives, have had recusal policies. For example, in the 1st Congress (1789-1791), the House adopted a rule that
stated: “No member shall vote on any question, in the event of which he is immediately and particularly interested.”
(Annals of Congress, 1st Cong., 1st sess. (April 7, 1789), pp. 103-104). Similarly, Thomas Jefferson in his 1801 version
of A Manual of Parliamentary Practice (which today is included as “Jefferson’s Manual” in Constitution, Jefferson’s
Manual and Rules of the House of Representatives, available at https://www.govinfo.gov/content/pkg/HMAN-118/pdf/
HMAN-118.pdf), wrote “Where the private interests of a member are concerned in a bill or question, he is to withdraw.
And where such an interest has appeared, his voice has been disallowed, even after a division. In a case so contrary not
only to the law of decency, but to the fundamental principles of the social compact, which denies to any man to be a
judge in his own cause, it is for the honour of the House that this rule of immemorial observance should be strictly
adhered to.” (Thomas Jefferson, A Manual of Parliamentary Practice: Composed Originally for the Use of the Senate
of the United States (Philadelphia: Parrish, Dunning, & Means, 1853), p. 44, https://hdl.handle.net/2027/
uva.x004967171?urlappend=%3Bseq=46%3Bownerid=27021597767321586-50).
12 U.S. Congress, House, Committee on Ethics, “Financial Disclosure Guidance,” at https://ethics.house.gov/forms/fdguidance; and U.S. Congress, Senate, Select Committee on Ethics, “Chapter 5: Financial Disclosure,” Senate Ethics
Manual, 2003 edition, https://www.ethics.senate.gov/public/index.cfm/files/serve?File_id=f2eb14e3-1123-48eb-93348c4717102a6e.pdf#page=135.
13 P.L. 112-105, 126 Stat. 291 (2012). The STOCK Act was renamed the Rep. Louise McIntosh Slaughter Stop Trading
on Congressional Knowledge Act by P.L. 115-277 (132 Stat. 4167 (2018)).
14 For more information on insider trading, see CRS In Focus IF11966, Insider Trading, by Jay B. Sykes. The STOCK
Act (P.L. 112-105, §13) also prohibits Members, officers, and employees who file financial disclosure statements from
participating in initial public offerings (IPOs). In a February 2019 memorandum to House Members, officers, and
employees, the House Ethics Committee noted that “while interpretation and enforcement of the STOCK Act regarding
participation in IPOs is chiefly within the jurisdiction of the SEC and Department of Justice, the opinion of the
Committee is that, as drafted, the STOCK Act prohibits only the filer from participating in IPOs, but not the filer’s
spouse or dependent child, assuming the assets used for the purchase and the securities purchased are wholly owned by
the spouse or dependent child, separate and independent of the filer.” See U.S. Congress, House Committee on Ethics,
Summary of Activities One Hundred Sixteenth Congress, 116th Cong., 2nd sess., December 31, 2020, H.Rept. 116-703,
p. 47, note 18. (Hereinafter House Ethics Committee, Summary of Activities, 116th Congress).
15 P.L. 112-105, §6(a). Covered filers are required by the EIGA to “report on their annual FD Statement each purchase,
sale, or exchange transaction involving real property held for investment, stocks, bonds, commodities futures, or other
securities (including cryptocurrencies and options) made by the filer, their spouse, or dependent child when the amount
of the transaction exceeds $1,000. For sales transactions, the $1,000 threshold is based on the total dollar value of the
transaction, not the gain or loss made on the sale.” See House Ethics Committee, Summary of Activities, 116th
Congress, p. 44. For more information, see U.S. Congress, House, Committee on Ethics, “Reminder of STOCK Act
Requirements, Prohibition Against Insider Trading & New Certification Requirements,” June 11, 2020; and U.S.
Congress, Senate, Select Committee on Ethics, “STOCK Act Requirements for Senate Staff,” June 15, 2012,
https://www.ethics.senate.gov/public/_cache/files/e63d0a27-19b2-4bf3-b26e-9073ff179e3e/stock-act-requirements-forsenate-staff-1-.pdf.

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periodic transactions reports are available for public inspection from the Clerk of the House (for
Representatives) or the Secretary of the Senate (for Senators).16
House of Representatives and Senate Financial Disclosure and
STOCK Act Periodic Transaction Report Access
House of Representatives Financial Disclosure and Periodic Transaction Reports
https://disclosures-clerk.house.gov/PublicDisclosure/FinancialDisclosure
Senate Financial Disclosure and Periodic Transaction Reports
https://efdsearch.senate.gov/search/home

This report is not intended to provide advice to Members of Congress about filing financial
disclosure reports or periodic transaction reports. For guidance on the financial disclosure and
periodic transaction report filing, Members may contact the House Ethics Committee or the
Senate Select Committee on Ethics.17

Proposed Limitations on Financial Activities
Recent legislative proposals have aimed to regulate the financial activities of Members of
Congress (and in some cases their spouses and dependent children) and House and Senate staff
who are currently required to file annual financial disclosure statements.18 Analysis of introduced
legislation reveals several approaches to limit financial transactions by Members of Congress and
covered staff. These approaches include proposals to prohibit or limit covered individuals from
the holding, purchase, sale, and/or active management of certain types of financial assets; to
define the assets that would be included and excluded from filing requirements; to allow or
require certain assets to be placed in qualified blind trusts; to broaden public access to Member
financial disclosure statements and other filings; and/or to amend penalties for noncompliance.

Prohibit or Limit the Holding, Purchasing, or Selling of Certain
Assets
Members of the House of Representatives, Senators, and covered congressional employees are
not currently required by law or by House or Senate rules to divest themselves of assets or

16 5 U.S.C. §13107. For Representatives and Senators, periodic transaction reports and financial disclosure reports are

available for public inspection on the Clerk of the House’s and Secretary of the Senate’s websites, respectively.
Periodic transaction reports and financial disclosure reports for officers and other covered congressional employees are
not available for public inspection (P.L. 113-7, §1(a)(1), 127 Stat. 438 (2013)).
17 To contact the House Ethics Committee, see https://ethics.house.gov. To contact the Senate Select Committee on
Ethics, see https://www.ethics.senate.gov.
18 In addition to measures that would limit Representatives, Senators, and other congressional officials and employees,
some bills also proposed to limit or prohibit specific executive branch officials or federal judges from holding,
purchasing, and selling certain assets. Those proposals would have extended ownership prohibitions to all financial
disclosure filers under the EIGA (H.R. 6461, 116th Congress); prohibited the President, the Vice President, the Chief
Justice of the United States, Associate Justices of the Supreme Court, members of the Board of Governors of the
Federal Reserve System, and presidents and vice presidents of Federal Reserve Banks from engaging in certain
transactions (H.R. 6694 and S. 3612, 117th Congress); or prohibited stock ownership by executive branch officials
(President, Vice President, political appointees, and certain senior career employees) and federal judges (H.R. 6684,
117th Congress).

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holdings upon taking office,19 although doing so may be an option for remediating real or
perceived conflicts of interest.20 The House Ethics Manual directly addresses the issue of
potential divestiture by a Representative. It states
Members of Congress enter public service owning assets and having private investment
interest like other citizens. Members should not “be expected to fully strip themselves of
worldly good.” Even a selective divestiture of potentially conflicting assets could raise
problems for a legislator. Unlike many officials in the executive branch, who are concerned
with administration and regulation in a narrow area, a Member of Congress must exercise
judgment concerning legislation across the entire spectrum of business and economic
endeavors. Requiring divestiture may also insulate legislators from the personal and
economic interests held by their constituencies, or society in general, in governmental
decisions and policy.21

Similarly, the Senate Ethics Manual states
The drafters of the original Senate Code of Official Conduct, in the 95th Congress,
considered “full and complete public financial disclosure” to be “the heart of the code of
conduct.” Financial interests and investments of Members and employees, as well as those
of candidates for the Senate, may present conflicts of interest with official duties. Members
and employees (with the exception of certain committee staffers) need not, however, divest
themselves of assets upon assuming their positions, nor must Members disqualify
themselves from voting on issues that generally affect their personal financial interests.
Instead, public financial disclosure provides the mechanism for monitoring and deterring
conflicts.22

Nearly all introduced House and Senate measures have proposed to prohibit or limit covered
officials from holding, purchasing, and selling certain assets. To accomplish these goals, the
19 U.S. Congress, House, Committee on Ethics, House Ethics Manual, 117th Cong., 2nd sess., 2022 print, pp. 234, 247-

248, 250, 369; and U.S. Congress, Senate, Select Committee on Ethics, Senate Ethics Manual, p. 124. Senate Rule
37(7) generally requires certain committee staff to divest themselves of “any substantial holdings which may be
directly affected by the actions of the employing committee, unless the Ethics Committee after consultation with the
employee’s supervisor approves other arrangements.” See Senate Ethics Manual, pp. 70-71, 218-220; and U.S. Senate,
Committee on Rules and Administration, “Rule XXXVII: Conflict of Interest,” Rules of the Senate,
https://www.rules.senate.gov/rules-of-the-senate. In the Senate, covered Senate staff are required to “divest themselves
of any substantial holdings which may be directly affected by the actions of the employing committee, unless the Ethics
Committee after consultation with the employee’s supervisor approves other arrangements.” Covered staff include
“committee staff paid at a rate of pay in excess of $25,000 a year and employed for more than 90 days.” U.S. Congress,
Senate, Select Committee on Ethics, Senate Ethics Manual, 108th Cong., 1st sess., S.Pub. 108-1, 2003, pp. 70-71, 124,
https://www.ethics.senate.gov/public/_cache/files/f2eb14e3-1123-48eb-9334-8c4717102a6e/2003-senate-ethicsmanual.pdf.
20 5 U.S.C. §13108(b)(3). That section states “If ... a person designated by a congressional ethics committee ... reaches
an opinion under paragraph (2)(B) that an individual is not in compliance with applicable law and regulations, the
official or committee staff shall notify the individual of that opinion and, after an opportunity for personal consultation
(if practicable), determine and notify the individual of which steps, if any, would in the opinion of such official or
committee be appropriate for or[typo/something missing?] assuring compliance with such laws and regulations and the
date by which such steps should be taken. Such steps may include, as appropriate—(A) divestiture; (B) restitution; (C)
the establishment of a blind trust; (D) request for an exemption under section 208(b) of title 18; or (E) voluntary request
for transfer, reassignment, limitation of duties, or resignation.”
21 U.S. Congress, House Committee on Ethics, House Ethics Manual, 117th Cong., 2nd sess. (2022 print), p. 260,
https://ethics.house.gov/wp-content/uploads/2023/12/Dec-2022-House-Ethics-Manual-website-version.pdf#page-274.
22 U.S. Congress, Senate Select Committee on Ethics, Senate Ethics Manual, 108th Cong., 1st sess., S.Pub. 108-1
(2003), pp. 70-71, 124, https://www.ethics.senate.gov/public/_cache/files/f2eb14e3-1123-48eb-9334-8c4717102a6e/
2003-senate-ethics-manual.pdf. Covered Senate staff include “committee staff paid at a rate of pay in excess of $25,000
a year and employed for more than 90 days.” They are required to “divest themselves of any substantial holdings which
may be directly affected by the actions of the employing committee, unless the Ethics Committee after consultation
with the employee’s supervisor approves other arrangements.”

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legislative proposals have sought to amend the EIGA and/or the STOCK Act, create new law, or
amend House Rules.

Amend Current Law or Create New Law
Several legislative proposals would have amended the EIGA, the STOCK Act, or both.23 Others
would have created new laws to address Members’ and covered legislative branch officials’
financial holdings and transactions. Each proposal to amend current law or create new law has
generally focused on prohibiting covered individuals from holding, purchasing, or selling covered
assets. Each of the proposals would have applied restrictions to Members of Congress, while
some would also have applied proposed restrictions to Members’ spouses and dependents.24
Fewer would also have covered congressional officers or specified staff members.25 In at least
two cases, proposals included provisions that would have applied to Members for a period after
they departed the House.26 Additionally, one proposal would create a new law to prohibit covered
officials from financial trading on federal government property or using federal government
resources, including computers, internet access, telephones, or other electronic devices.27
Although each measure would have taken the same general approach, some differences exist. For
example, some bills have proposed to require that Members of Congress file a “certification of
compliance” with their supervising ethics committee, which the committee would then publish on
a publicly available website.28 Other measures would have authorized the House Ethics
Committee and the Senate Select Committee on Ethics to issue civil fines, as they deemed
appropriate, for noncompliance.29 Still other bills have proposed to authorize the use of qualified
blind trusts, as a remediation tool, on a case-by-case basis.30

Amend House Rules
Some proposals would have amended the House standing rules (rather than amending the EIGA
and/or the STOCK Act, or creating a new law) to place additional restrictions on Members of the
House of Representatives. Such changes to House rules could be interpreted as having a
somewhat more limited scope than amending existing laws or creating new ones, as any changes
23 For measures in the 115th Congress, see Table A-1. For measures in the 116th Congress, see Table A-2. For

measures in the 117th Congress, see Table A-3. For measures from the 118th Congress, see Table A-4.
24 115th Congress: S. 3718. 116th Congress: H.R. 6461 and S. 7200. 117th Congress: H.R. 336, H.R. 6490, S. 3504, H.R.
6694, S. 3612, H.R. 6678, S. 3631, H.R. 6844, and S. 3494; 118th Congress: H.R. 345, H.R. 1463, H.R. 2678, H.R.
1138, H.R. 1679, H.R. 3003, H.R. 7264, H.R. 8177, S. 58, S. 439, S. 1171, S. 2463, and S. 2773. H.R. 8177 (118th
Congress) would have also included the spouse of a covered official’s child.
25 116th Congress: H.R. 6401 and S. 1393. 117th Congress: H.R. 1579, S. 564, H.R. 6694, and S. 3612. 118th Congress:
H.R. 389.
26 117th Congress: H.R. 336 and S. 3494. The creation of a limitation on ownership or sale of certain financial assets
after a Representative or Senator leaves the House of Representatives or Senate might be parallel to existing “revolving
door” provisions that restrict covered former government officials from engaging in certain activities for a specified
period after they leave government service. For more information on the revolving door, see 18 U.S.C. §208 and CRS
Report R45946, Executive Branch Service and the “Revolving Door” in Cabinet Departments: Background and Issues
for Congress, by Jacob R. Straus.
27 118th Congress: H.R. 2383.
28 116th Congress: H.R. 7200. 117th Congress: H.R. 6490 and S. 3504. 118th Congress: H.R. 345, H.R. 1138, H.R. 2678,
H.R. 3003, H.R. 6141, S. 58, S. 439, S. 1171, and S. 2773.
29 115th Congress: S. 3718. 116th Congress: H.R. 6401, H.R. 6461, and S. 1393. 117th Congress: H.R. 6490 and S. 3504.
118th Congress: H.R. 389, H.R. 1679, H.R. 2678, H.R. 3003, H.R. 6141, S. 1171, and S. 2773.
30 117th Congress: H.R. 6694 and S. 3612. 118th Congress: H.R. 345, H.R. 389, H.R. 2678, H.R. 3003, S. 1171, and S.
2773.

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would only apply to Members of the House while they remained in office, since House rules do
not apply to former House Members or to current or former Senators.31 The proposed limitations
might also be seen as less durable than a statutory amendment, since House rules are considered
and adopted at the beginning of each Congress, and only apply to the Congress in which they are
adopted.32 Conversely, using a simple resolution to amend House rules would not require Senate
concurrence, which might be considered easier to adopt than a statutory change.
Each proposal to amend House rules has focused on Rule XXIII, the House Code of Conduct.33
These bills and resolutions each proposed to add a new section to Rule XXIII that would state
A Member, Delegate, or Resident Commissioner may not own the common stock of any
individual corporation.34

An amendment to House rules to prohibit ownership of individual stocks might require House
Members to divest themselves of certain assets. House Rules provide that the Code of Conduct is
under the jurisdiction of the House Ethics Committee.35 Since the proposed rule change would
alter the code of conduct, implementation and enforcement would likely reside with the House
Ethics Committee.
A similar proposal to amend Senate rules has not been introduced.36

Included and Excluded Assets
Regardless of whether the proposal sought to amend current law, create new law, or amend House
rules, each legislative proposal would generally have prohibited covered legislative branch
officials from holding, purchasing, selling, and/or actively managing certain types of assets.
Aspects of these measures would have prohibited the purchase or sale of specified financial
instruments, required additional disclosure and potential divestment of prohibited assets, and/or
increased penalties for noncompliance. For specific proposals, see the Appendix tables.
Most of the proposals would have prohibited Members of Congress from holding, purchasing, or
selling certain assets, including commodities, securities, and security futures.37 Currently,
Congress does not prohibit the ownership of specified financial assets, but some executive branch

31 See also INS v. Chadha (462 U.S. 919 (1983)), holding that the actions of one chamber cannot alter the legal rights of

those outside the legislative branch. Traditionally, when a Representative or Senator departs the House or Senate, the
House Ethics Committee or the Senate Select Committee on Ethics loses jurisdiction over the former Member. For
example, the House Committee on Ethics notes “As a general matter, the Committee’s investigative jurisdiction
extends to current House Members, officers and employees. When a Member, officer, or employee, who is the subject
of a Committee investigation, resigns, the Committee loses jurisdiction over the individual.” House Ethics Committee,
Summary of Activities, 116th Congress, p. 14; and House Rule XI, clause 3(a)(2).
32 For more information on adopting the rules of the House, see CRS Report RL30725, The First Day of a New
Congress: A Guide to Proceedings on the House Floor, by Christopher M. Davis.
33 116th Congress: H.R. 3419. 117th Congress: H.R. 459 and H.Res. 873. 118th Congress: H.R. 507 and H.Res. 156.
34 For example, see H.R. 459, §5 (117th Congress). Similarly, H.Res. 156 (118th Congress) would prohibit the
ownership of “the common stock of any individual public corporation.” (emphasis added)
35 House Rule X(1)(g).
36 Senate rules divide its code of conduct among several rules. These include Senate Rule XXXIV (public financial
disclosure), Rule XXXV (gifts), Rule XXXVI (outside earned income), and XXXVII (conflict of interest). For more
information, see U.S. Congress, Senate, Committee on Rules and Administration, “Rules of the Senate,”
https://www.rules.senate.gov/rules-of-the-senate.
37 Commodities are generally defined in Section 1a of the Commodity Exchange Act; 7 U.S.C. §1a. Securities and
security futures are generally defined in Section 3(a) of the Securities Exchange Act of 1934; 15 U.S.C. §78c(a).

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agencies do.38 For example, the Nuclear Regulatory Commission has a supplement to Standards
of Ethical Conduct that includes a list of prohibited securities.39
Nearly all proposals would have exempted some types of assets. Most commonly, exemptions
would have included U.S. Treasury bills, notes, or bonds and certain “widely held investments.”40
Widely held investments are also generally not reported by covered officials in financial
disclosure reports or in periodic transaction reports if the investments meet three criteria: they are
publicly traded, their assets are widely diversified, and “the reporting individual neither exercises
control over nor has the ability to exercise control over the financial interests held by the fund.”41

Use of Qualified Blind Trusts
Several proposals would have allowed or required Members of Congress (and their spouses
and/or dependent children) to place covered assets in a qualified blind trust.42 Qualified blind
trusts are specific instruments established under the EIGA that may be used to remediate real or
perceived financial conflicts of interest.43 Qualified blind trusts used within the EIGA
confer on an independent trustee and any other designated fiduciary the sole responsibility
to administer the trust and to manage trust assets without participation by, or the knowledge
of, any interested party or any representative of an interested party. This responsibility
includes the duty to decide when and to what extent the original assets of the trust are to
be sold or disposed of, and in what investments the proceeds of sale are to be reinvested.44

Under current law, the establishment of a qualified blind trust requires permission from a covered
official’s supervising ethics office (e.g., the House Committee on Ethics or the Senate Select
Committee on Ethics). Should a qualified blind trust be established to remediate a financial
conflict of interest, “the grantor transfers all management of the transferred assets to an
independent trustee. The trustee is responsible for all investment decisions on behalf of the
grantor and manages the assets without the grantor’s knowledge or direction.”45

38 For a full list of executive branch agency supplemental ethics regulations, which for some agencies include

limitations on the ownership of certain assets, see 5 C.F.R. §§13100-10400.
39 5 C.F.R. §5801.102(b).
40 The Office of Government Ethics (OGE) notes, “an investment fund is widely held if the fund has at least 100 natural
persons as direct or indirect investors. For example, if a pension plan invests in the ABC Fund, one would count each
plan participant toward the 100-person threshold when determining whether the ABC Fund is widely held.” See U.S.
Office of Government Ethics, Confidential Financial Disclosure Guide: OGE Form 450, October 2023, p. 32,
https://oge.gov/web/OGE.nsf/0/11AF3BE8C3A7F42A85258A6200572AC9/$FILE/
Confidential%20Fin%20Disc%20Guide%202023%20Accessible.pdf#page=32. Similar guidance exists in OGE’s
Public Financial Disclosure Guide: OGE Form 278e, January 2024, p. 267, https://www.oge.gov/web/OGE.nsf/0/
CA85FBF583663FEE85258ABA00668E69/$FILE/Public%20Fin%20Disc%20Guide%20Jan%202024.pdf#page=267.
41 5 U.S.C. §13104(f)(8). For more information, see U.S. Congress, House Committee on Ethics, Financial Disclosure
Reports for Calendar Year 2023 and Periodic Transaction Reports, p. 30, https://ethics.house.gov/wp-content/uploads/
2024/11/FDInstructionGuide_current_2023.pdf#page=30; and U.S. Congress, Senate Select Committee on Ethics,
Financial Disclosure Instructions and Report for Calendar Year 2023, pp. 15, 24, https://www.ethics.senate.gov/
public/_cache/files/270d3e6d-8430-477a-a942-bfb7be7ac219/2023-financial-disclosure-instructions.pdf.
42 116th Congress: H.R. 7200. 117th Congress: H.R. 336, H.R. 1579, H.R. 6694, H.R. 6844, S. 564, S. 3494, and S.
3612. 118th Congress: H.R. 345, H.R. 389, H.R. 3003, and S. 2773.
43 5 C.F.R. §2634.401.
44 5 C.F.R. §2634.401(a).
45 U.S. Congress, Senate Select Committee on Ethics, Qualified Blind Trusts, 119th Cong., 1st sess., February 2025, p.
4, https://www.ethics.senate.gov/public/_cache/files/286a4cf9-5aab-40ef-9a6c-bf2278e79e38/qualified-blind-trustsguide--october-2020.pdf. (Hereinafter Senate Select Committee on Ethics, Qualified Blind Trusts.)

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Further, the trustee must “be an independent financial institution, lawyer, certified public
accountant, broker, or investment advisor; there may be no restrictions on the disposal of the trust
assets; [and] the trust instrument must limit communications between the trustee and interested
parties.46
One study indicated that qualified blind trusts are designed to “reduce any real and apparent
conflicts of interest that might arise between financial interests held by … employees and their
official responsibilities.”47 Conversely, qualified blind trusts may be considered expensive to
establish and maintain.48 Accordingly, some supervising ethics offices have determined that they
are not always an appropriate remedy when other solutions might be available.49
Some legislative proposals would have required Members of Congress (and their spouses and/or
dependent children) to either divest or place certain assets in a qualified blind trust.50 Those
measures proposed that current Members of Congress would be required to divest and/or place
covered assets in a qualified blind trust within a specified number of days of enactment. New
Members of Congress would have to do the same within a specified number of days after being
sworn in.51 Other proposals would have provided the option of using a qualified blind trust, rather
than requiring its use.52
Qualified blind trusts can serve as a way to “immunize” a public official “from potential conflicts
of interest stemming from assets held in the trust because the legislator-beneficiary would have
no knowledge of the impact of official actions on [their] personal financial interests.”53 Covered
officials who place their assets in qualified blind trusts would be separated from the day-to-day
decisionmaking about their holdings, which may remedy potential conflicts that might arise from
official decisionmaking that could impact their individual holdings.
Conversely, those who argue against the use of blind trusts say that the “early use of blind trusts
may have originated from a desire to give the public appearance that a policymaker was avoiding
conflicts of interest without actually blinding the policymaker to an asset that stood to influence
the execution of official duties. Legislation establishing qualified blind trust rules has not solved
this problem.”54
The creation of a significant number of new qualified blind trusts could present administrative
challenges to the House and Senate.55 In a scenario where all Representatives, Senators,
46 U.S. Congress, House Committee on Ethics, “Trusts,” Specific Disclosure Requirements, https://ethics.house.gov/

financial-dislosure/specific-disclosure-requirements.
47 Perry A. Pirsch, “Blind Trusts as a Model for Campaign Finance Reform,” William & Mary Policy Review, vol. 4,
no. 1 (Fall 2012), p. 224.
48 Senate Select Committee on Ethics, Qualified Blind Trusts, p. 2. See also National Conference of State Legislatures,
“Blind Trusts,” https://www.ncsl.org/ethics/blind-trusts.
49 Senate Select Committee on Ethics, Qualified Blind Trusts, p. 2.
50 117th Congress: H.R. 336 and S. 3494. 118th Congress: H.R. 345, H.R. 3003, and S. 2773. House and Senate staff are
not included in these proposed blind trust requirements.
51 For example, H.R. 336 (117th Congress) would require action with 90 days of enactment for current Members, or 90
days of being sworn in for new Members.
52 117th Congress: H.R. 1579, H.R. 6490, H.R. 6694, S. 564, S. 3504, and S. 3612. 118th Congress: H.R. 2678 and S.
1171.
53 National Conference of State Legislators, “Blind Trusts,” at https://www.ncsl.org/research/ethics/blind-trusts.aspx.
54 Megan J. Ballard, “The Shortsightedness of Blind Trusts,” University of Kansas Law Review, vol. 56 (October 2007),
p. 53.
55 Whether or not the supervising ethics offices currently have the resources necessary for the review of additional
filings, including approving new QBTs, could not be fully analyzed by CRS using the limited public information it was
(continued...)

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Delegates, and the Resident Commissioner were required to create qualified blind trusts within a
certain number of days of enactment, the review and certification process currently used by the
House Ethics Committee and the Senate Select Committee on Ethics could be strained. A similar
scenario, albeit with a smaller number of individuals, could occur at the beginning of each
subsequent Congress, as newly elected Members would have a deadline by which their trust
documents would need to be approved. Should Congress enact a proposal to require the use of
qualified blind trusts, the House Committee on Ethics and the Senate Select Committee on Ethics
might require additional resources to conduct necessary reviews and certifications.56

Public Access to Disclosure Filings
Current law requires Members of Congress to file public financial disclosure and periodic
transaction reports.57 For Representatives and Senators, periodic transaction reports and financial
disclosure reports are available for public inspection on the Clerk of the House’s and Secretary of
the Senate’s websites, respectively.58 Periodic transaction reports and financial disclosure reports
for officers and other covered congressional employees are not available on the Clerk of the
House’s or Secretary of the Senate’s websites.59
Several proposals would have required additional public access to certain financial disclosure and
periodic transaction report-related information. Generally, the measures proposed two methods to
potentially increase access to financial disclosure documents and periodic transaction forms:
requiring public access changes and requiring placement of proposed forms for certification of
compliance for proposed divestiture of assets on public web pages.60

able to identify. CRS has not located any public comments or statements from either the House Ethics Committee or
Senate Select Ethics Committee on the need for additional staff or resources. Without a public record comment from
the committees, CRS cannot determine whether the House Ethics Committee or the Senate Select Committee on Ethics
currently has adequate resources to carry out potential additional administrative ethics functions pursuant to EIGA and
the STOCK Act.
56 The House and Senate do not currently appear to publish data on the number of qualified blind trusts reviewed or
certified. The House Ethics Committee and the Senate Select Committee on Ethics, however, do report the total number
of financial disclosure and periodic transaction reports that they receive annually. Using data from the 116th Congress
(2019-2020), the House reported that it received 6,331 financial disclosure reports and 3,722 periodic transaction
reports filed by Members, officers, and employees of the House. The Senate Select Committee on Ethics reported that
it received 3,712 public financial disclosure and periodic disclosure of financial transactions reports in 2020 and 3,876
public financial disclosure and periodic disclosure of financial transaction reports in 2021. House Ethics Committee,
Summary of Activities, 116th Congress, p. 7; U.S. Congress, Senate, Select Committee on Ethics, “Annual Report of the
Select Committee on Ethics 117th Congress, First Session,” January 29, 2021, https://www.ethics.senate.gov/public/
_cache/files/691e5e65-5b73-4e95-8cdb-de056570cb34/annual-report-for-2020.pdf; and U.S. Congress, Senate, Select
Committee on Ethics, “Annual Report of the Select Committee on Ethics 117th Congress, Second Session,” January 31,
2022, https://www.ethics.senate.gov/public/_cache/files/9a2ce840-718c-409b-891f-42f5ebf6f365/annual-report-for2021.pdf.
57 5 U.S.C. §13103; P.L. 112-105, §8, 126 Stat. 295 (2012).
58 5 U.S.C. §13107. Forms can be accessed at U.S. Congress, House, Office of the Clerk of the House of
Representatives, “Financial Disclosure Reports,” at https://disclosures-clerk.house.gov/PublicDisclosure/
FinancialDisclosure; and U.S. Congress, Senate, Secretary of the Senate, “Senate Public Financial Disclosure (Senate
Rule 34),” Public Disclosure, https://www.senate.gov/pagelayout/legislative/g_three_sections_with_teasers/
lobbyingdisc.htm.
59 P.L. 113-7, §1(a)(1), 127 Stat. 438 (2013). This law modified the STOCK Act to exempt officers and employees
from public, online disclosure of their financial disclosure and periodic transaction reports.
60 In the 117th Congress, H.R. 6694 and S. 3612 would have required public access changes. The following proposals
would have required placement of proposed certification of compliance forms on public web pages: 116th Congress:
H.R. 7200; 117th Congress: H.R. 336, H.R. 6490, S. 3494, and S. 3504; and 118th Congress: H.R. 345, H.R. 1138, H.R.
2678, H.R. 3033, S. 58, S. 439, S. 1171, and S. 2773.

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Penalties for Noncompliance
Most legislative proposals would have changed available penalties for noncompliance. These
proposals suggested two basic penalty strategies: fining individuals for noncompliance and/or
publishing the names of individuals who are found in violation of the law on a public web page.
As noted in the Appendix tables, proposed penalties have included
•
•
•
•
•
•
•

specific monetary fines;61
civil penalties of not less than 10% of the value of the covered investment;62
civil penalties of twice the value of covered assets;63
the value of the covered financial instrument sold or purchased;64
“disgorgement” to the U.S. Treasury of any profit from transactions or
holdings;65
penalties equal to the Member’s entire salary for as long as the violation occurs;66
and/or
civil penalty equal to the monthly equivalent of the monthly or annual rate of pay
for the Member, after a written notice from the supervising ethics committee to
the Member.67

Additionally, at least one proposal would have required the respective ethics committees to
publish the names of individuals found in violation of the proposed amendments.68
Under current law, a covered individual who willfully fails to file financial disclosure and/or
periodic transaction reports or who files a false report may be subject to certain civil or criminal
actions, generally after the supervising ethics office investigates the circumstances. Should the
supervising ethics office find “reasonable cause to believe [the filer] has willfully failed to file or
report or willfully falsified or willfully failed to file information required to be reported,” it may
refer the case to the Attorney General.69

61 Proposed monetary fines have ranged from $500 (H.R. 6694 and S. 3612, 117th Congress) to not more than $1

million (S. 3451, 115th Congress). Other proposed fines have included $1,000 (H.R. 389, 118th Congress), $10,000
(H.R. 2678 and S. 1171, 118th Congress), $25,000 (H.R. 6141, 118th Congress), and $50,000 (H.R. 6678 and S. 3631,
117th Congress; and H.R. 1679, H.R. 3003, and H.R. 7264, 118th Congress).
62 115th Congress: S. 3718. 116th Congress: H.R. 6401, H.R. 6461, and S. 1393. 117th Congress: H.R. 1579, S. 564,
H.R. 6694, and S. 3612. 118th Congress: H.R. 389, H.R. 2678, S. 1171, and S. 2463.
63 118th Congress: H.R. 8177.
64 118th Congress: H.R. 6141.
65 117th Congress: H.R. 6490 and S. 3504. 118th Congress: H.R. 1138, S. 58, S. 439, and S. 2463.
66 117th Congress: H.R. 6844.
67 117th Congress: S. 3949. 118th Congress: S. 2773. In the 118th Congress, H.R. 1463 would have levied a penalty of
the Member of Congress’s salary for any month that the Member or their family was in violation of the law.
68 117th Congress: H.R. 6844.
69 5 U.S.C. §13106(b). The EIGA specifies that “the Attorney General may bring a civil action in any appropriate
United States district court against any individual who knowingly and willfully falsifies or who knowingly and
willfully fails to file or report any information that such individual is required to report pursuant to section [13104] of
this title. The court in which such action is brought may assess against such individual a civil penalty in any amount,
not to exceed $50,000.” 5 U.S.C. §13106(a)(1).

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Alternatively, the law also provides that the supervising ethics office “may take any appropriate
personnel or other action in accordance with applicable law or regulation against any individual
failing to file a report or falsifying or failing to report information required to be reported.”70
For Congress, the House Committee on Ethics and the Senate Select Committee on Ethics
provide additional interpretation of penalties for financial disclosure. The House incorporates the
financial disclosure requirements into Rule XXVI.71 The Senate incorporates financial disclosure
requirements into Rule XXXIV.72 Both committees, using identical language, also note that “in
addition to Committee action, the EIGA authorize[s] the Attorney General of the United States to
seek a civil penalty ... against an individual who knowingly and willfully falsifies or fails to file
or report any required information.”73

Considerations for Congress
Since at least the 115th Congress, some Members of Congress have introduced legislation that
seeks to limit or prohibit Representatives and Senators and other legislative branch staff from
engaging in certain financial activities. These bills have included several proposals. Specifically,
the bills have proposed amendments to the EIGA and/or STOCK Act, the creation of new law, or
amendments to House rules. Taken together, the legislative proposals include a range of options
to limit or prohibit certain financial activities. These include prohibiting the holding, purchasing,
selling, and active management of covered assets; requiring the use of qualified blind trusts to
remediate real or perceived financial conflicts of interest; increasing public access for financial
disclosure documents; and amending penalties for noncompliance. Each of these options likely
has advantages and disadvantages should Congress choose to implement a particular measure as
introduced or incorporate various concepts into another measure.
Policymakers may wish to consider the scope of the proposals, the proposed benefits of a
particular action, any potential administrative adjustments that might be necessary to implement a
modification of ethics laws, and the potential costs to covered officials to comply with the
proposed laws. Subsequently, Congress might consider several questions. These might include the
following:
•
•
•
•

Should new requirements apply only to Members of Congress, or also to their
spouses and dependent children?
Should congressional officers and staff be subject to the same disclosure and
public access considerations as Members of Congress?
What penalties are appropriate for violations of new or existing requirements and
are proposed penalties sufficient to achieve congressional aims?
What is the financial cost for establishing qualified blind trusts and how might
covered officials pay for the establishment of such trusts?

70 5 U.S.C. §13106(c).
71 U.S. Congress, House, “Rule XXVI-Financial Disclosure,” Constitution, Jefferson’s Manual, and Rules of the House

of Representatives of the United States One Hundred Seventeenth Congress, 117th Cong., 2nd sess., 2023, H.Doc. 117161, §1103, p. 1034, https://www.govinfo.gov/content/pkg/HMAN-118/pdf/HMAN-118.pdf#page=1047.
72 U.S. Congress, Senate, Committee on Rules and Administration, “Rules of the Senate,” at
https://www.rules.senate.gov/rules-of-the-senate.
73 U.S. Congress, House Committee on Standards of Official Conduct, House Ethics Manual, “Failure to File or Filing
False Disclosure Information,” 110th Cong., 2nd sess., 2008, p. 265; and U.S. Congress, Senate Select Committee on
Ethics, Senate Ethics Manual, committee print, 108th Cong., 1st sess., S.Prt. 108-1, 2003, p. 127.

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Appendix. Current and Past Legislative Efforts to
Limit Member of Congress Financial Activities
In recent Congresses, several Members have introduced legislation that would have restricted or
prohibited Representatives and Senators—and in some cases other covered officials, employees,
and individuals—from engaging in certain financial activities. The following tables summarize
legislation introduced in the 115th Congress (2017-2018) through the 118th Congress (2023-2024).
For each identified measure, the tables include the bill or resolution number, the affected
congressional officials/employees, the proposed action, the timeline for implementation, proposed
penalties, and covered and exempted assets. For organizational ease, each table lists companion
measures together.
To identify bills or resolutions for each Congress, CRS searched Congress.gov using subject
headers “Government Ethics” + “Members of Congress” + “Securities,” as well as relevant
keywords. CRS supplemented this search by examining House dear colleague letters and Member
press releases for similar legislation.74 It is possible that other measures that might address similar
policy matters but use different wording were not captured by this search.

74 Jennifer Manning, Senior Research Librarian, conducted the searches.

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Legislation Introduced in the 115th Congress (2017-2018)
In the 115th Congress, three bills or resolutions were introduced to limit or prohibit Members of Congress and covered congressional employees
from engaging in certain financial activities (Table A-1). None of these measures were passed by the House or Senate.
Table A-1. 115th Congress: Proposals to Limit or Prohibit Certain Financial Activities

Bill or Resolution

Affected
Congressional
Officials/Employees

Proposed Action

Timeline

Proposed Penalty

Covered Assets

Exempted Assets

H.R. 5458
Member Financial
Transparency Act

Members of Congress

Amend EIGA to
require periodic
transaction reports
within 7 days

Applies to
transactions after
enactment

—

—

—

S. 3451
Congressional AntiCorruption Act

Members of Congress

Prohibit purchase
or sale of individual
securities

—

Fine of not more than
$1 million or not
more than 5 years
imprisonment

—

Widely held
investment funds

S. 3718
Ban Conflicted Trading
Act

Members of Congress
and congressional
employees who file under
EIGA

Prohibit purchase
or sale of specified
investments or
transactions that
create a net short
position

May divest
covered assets for
6 months after
enactment for
Members, or after
taking office for
newly elected
Members

Civil penalty of not
less than 10% of the
value of the covered
asset

Securities,
commodities, or
futures, and any
comparable
economic interests
acquired through
synthetic means
such as the use of
derivatives

Widely held
investment funds;
U.S. Treasury bills,
notes, or bonds

Source: CRS summary and analysis of proposed legislation.

CRS-14

Legislation Introduced in the 116th Congress (2019-2020)
In the 116th Congress, five bills or resolutions were introduced to limit or prohibit Members of Congress and covered congressional employees
from engaging in certain financial activities (Table A-2). None of these measures were passed by the House or Senate.
Table A-2. 116th Congress: Proposals to Limit or Prohibit Certain Financial Activities

Bill or Resolution

Affected
Congressional
Officials/Employees

H.R. 3419
HUMBLE Act

H.R. 6401
Ban Conflicted
Trading Act

Proposed Action

Timeline

Member, Delegate, or
Resident Commissioner

Amends House Rule
XXIII to prohibit
ownership of common
stock

Members of Congress
and congressional
employees who file
under EIGA

Members of Congress
and spouses

S. 1393
Ban Conflicted
Trading Act
H.R. 6461
IPO Act

CRS-15

Proposed Penalty

Covered Assets

Exempted Assets

Effective
immediately before
noon on January 3,
2021

—

Common stock of
any individual
public
corporation

—

Prohibit purchase or
sale of specified
investments or
transactions that
create a net short
position

May divest covered
investment for 6
months after
enactment for
current Members,
or after taking
office for new
Members

Civil penalty of not
less than 10% of the
value of the covered
asset

Securities,
commodities, or
futures

Widely held investment
funds; U.S. Treasury
bills, notes, or bonds

Prohibit purchase or
sale of covered
investments or
transactions that
create a net short
position

May divest covered
investment for 6
months after
enactment for
current Members,
or after taking
office for new
Members

Civil penalty of not
less than 10% of the
value of the covered
asset

Securities,
commodities, or
futures, and any
comparable
economic
interests acquired
through synthetic
means such as the
use of derivatives

Widely held investment
funds; U.S. Treasury
bills, notes, or bonds
May maintain control of
covered investments
held as of the day before
the date on which the
covered person took
office

Bill or Resolution

Affected
Congressional
Officials/Employees

Proposed Action

Timeline

H.R. 7200
TRUST in Congress
Act

Members of Congress,
spouses, and dependent
children

Require placement of
covered investments in
a qualified blind trust

Within 90 days of
enactment for
current Members
or within 90 days
of taking office for
new Members

House and Senate
publication of
certifications on a
public website
Source: CRS summary and analysis of proposed legislation.

CRS-16

Proposed Penalty

Covered Assets

Exempted Assets

—

Securities,
commodities, or
futures, and any
comparable
economic
interests acquired
through synthetic
means such as the
use of derivatives

Widely held investment
funds; U.S. Treasury
bills, notes, or bonds

Legislation Introduced in the 117th Congress (2021-2022)
In the 117th Congress, 14 bills or resolutions were introduced to limit or prohibit Members of Congress and covered congressional employees
from engaging in certain financial activities (Table A-3). None of these measures were passed by the House or Senate.
Table A-3. 117th Congress: Proposals to Limit or Prohibit Certain Financial Activities

Bill or Resolution

Affected
Congressional
Officials/Employees

Proposed Action

Timeline

Proposed Penalty

Covered Assets

Exempted Assets

H.Res. 873
No Option for Stock
Trading and
Ownership as a
Check to Keep
Congress Clean
Resolution

Members of Congress,
Delegates, and Resident
Commissioner

Amend House Rule
XXIII to prohibit
ownership of
common stock

—

—

Common stock of any
individual public
corporation

—

H.R. 459
HUMBLE Act

Members of Congress,
Delegates, and Resident
Commissioner

Amend House Rule
XXIII to prohibit
ownership of
common stock

Effective
immediately
before noon on
January 3, 2023

—

Common stock of any
individual public
corporation

—

H.R. 336
TRUST in Congress
Act

Members of Congress,
spouses, and dependent
children

Require placement
of covered
investments in a
qualified blind trust

Within 90 days of
enactment for
current Members
or within 90 days
of taking office for
new Members

—

Securities,
commodities, or
futures and any
comparable economic
interests acquired
through synthetic
means such as the use
of derivatives

Widely held
investment funds;
U.S. Treasury bills,
notes, or bonds

House and Senate
publication of
certifications on a
public website

CRS-17

Bill or Resolution
H.R. 1579
Ban Conflicted
Trading Act
S. 564
Ban Conflicted
Trading Act
H.R. 6490
Banning Insider
Trading in Congress
Act
S. 3504
Banning Insider
Trading in Congress
Act

Affected
Congressional
Officials/Employees

Proposed Action

Proposed Penalty

Covered Assets

Exempted Assets

Members of Congress and
congressional employees
who file financial
disclosure reports under
the EIGA

Prohibit purchase or
sale of covered
investments;
covered officials may
place securities
holdings in qualified
blind trust

—

Civil penalty of not
less than 10% of the
value of the covered
asset

Securities,
commodities, or
futures and any
comparable economic
interests acquired
through synthetic
means such as the use
of derivatives

Widely held
investments; U.S.
Treasury bills,
notes, or bonds

Members of Congress and
spouses

Amend EIGA to
prohibit holding,
purchase, or sale of
covered financial
instruments;
covered officials may
place holdings in
qualified blind trust

Within 180 days of
enactment for
current Members
or within 180 days
of taking office for
new Members

Disgorge to the
Treasury any profit
from the transaction
or holding;
prohibition on
deduction of a loss
from a covered
transaction or
holding; and civil fine
assessed by
supervising ethics
committee

Securities,
commodities, or
futures, and any
comparable economic
interests acquired
through synthetic
means such as the use
of derivatives

Diversified mutual
funds, diversified
exchange-traded
funds, U.S. Treasury
bills, notes, or
bonds; or
compensation from
the primary
occupation of a
Member’s spouse
or dependent

House and Senate
publication of
certifications on a
public website

CRS-18

Timeline

Bill or Resolution
H.R. 6694
STOCK Act 2.0
S. 3612
STOCK Act 2.0

Affected
Congressional
Officials/Employees
Members of Congress,
senior congressional staff,
spouses, and dependents

Proposed Action
Amend EIGA to
prohibit purchase or
sale of covered
financial instruments
Covered officials
may place securities
holdings in qualified
blind trusts
Amend the STOCK
Act to require public
access to covered
officials’ financial
disclosure and
periodic transaction
reports

CRS-19

Timeline
—

Proposed Penalty

Covered Assets

Exempted Assets

Fine pursuant to
regulations issued by
the supervising
ethics office of $500
in each case the
covered person fails
to file a report

Commodities,
securities, futures,
cryptocurrencies, and
any comparable
economic interests
acquired through
synthetic means such
as the use of
derivatives

Widely held
investments; U.S.
Treasury bills,
notes, or bonds

Amend STOCK Act
to create fines for
failure to report
($500 for each
case), and require
deposit of fines in
the Treasury
Civil penalty of not
less than 10% of the
value of the covered
investment that was
purchased or sold,
or the security in
which a net short
position was created

Bill or Resolution
H.R. 6678
Bipartisan Ban on
Congressional Stock
Ownership Act of
2022
S. 3631
Bipartisan Ban on
Congressional Stock
Ownership Act of
2022

CRS-20

Affected
Congressional
Officials/Employees
Members of Congress and
spouses

Proposed Action

Timeline

Proposed Penalty

Covered Assets

Exempted Assets

Prohibit ownership
of specified assets
and require
divestment of assets
except for widely
held investment
funds

Divest within 180
days or 5 years of
enactment for
current Members
or within 180 days
or 5 years of
taking office for
new Members,
depending on type
of asset

Civil fines of not
more than $50,000
if determined by a
U.S. district court
after the Attorney
General or Special
Counsel brings a
civil action

Stocks, bonds,
commodities, futures,
or “other form of
security, including an
interest in a hedge
fund, a derivative,
option, or other
complex investment
vehicle”

Widely held
investments, shares
of Settlement
Common Stock
issued under the
Alaska Native
Claims Settlement
Act (43 U.S.C.
§1606(g)(1)(A));
U.S. Treasury bills,
notes, or bonds;
investment funds
held by federal,
state, or local
government
employee
retirement plans;
small business
concern interests;
and compensation
from the primary
occupation of a
spouse

Bill or Resolution

Affected
Congressional
Officials/Employees

Proposed Action

Timeline

Proposed Penalty

Covered Assets

Exempted Assets

H.R. 6844
Restoring Trust in
Public Service Act

Members of Congress,
spouses, and dependents

Prohibit ownership
of specified assets
and require
divestment of
covered instruments

Divestment within
90 days of
enactment for
current Members
or within 90 days
of taking office for
new Members

Penalty equal to the
Member’s entire
federal salary, for as
long as the violation
continues
Publication by the
Ethics Committee of
individuals found to
be in violation

Securities,
commodities, or
futures, or any
comparable economic
interests acquired
through synthetic
means such as the use
of derivatives, including
investment funds,
trusts, employee
benefit plans, or
deferred compensation
plans

Diversified mutual
funds; diversified
exchange-traded
funds; U.S. Treasury
bills, notes, or
bonds;
compensation from
primary occupation
of Member’s spouse
or dependent; and
investment funds
held in a federal,
state, or local
government
employee
retirement plan

S. 3494
Ban Congressional
Stock Trading Act

Members of Congress,
spouses, and dependents

Amend the EIGA to
require the
divestment or
placement of
covered investments
in qualified blind
trusts

Certification
within 30 days of
enactment for
current Members
or within 30 days
of taking office for
new Members

House and Senate
publication of
certifications on a
public website

Divest or place
covered
instruments in a
qualified blind
trust within 120
days of enactment
or within 120 days
of taking office for
new Members

Written notice by
supervising ethics
office to Member
with warning of
potential violation
to correct actions
Civil penalty equal
to the monthly
equivalent of the
annual rate of pay
payable to the
Member of
Congress, if filings
are not corrected
after the supervising
ethics office gives 30
days’ notice of
noncompliance

Securities,
commodities, or
futures, or any
comparable economic
interests acquired
through synthetic
means such as the use
of derivatives, including
investment funds,
trusts, employee
benefit plans, or
deferred compensation
plans

Diversified mutual
funds; diversified
exchange-traded
funds; U.S. Treasury
bills, notes, or
bonds;
compensation from
primary occupation
of Member’s spouse
or dependent; and
investment funds
held in a federal,
state, or local
government
employee
retirement plan

CRS-21

Bill or Resolution
S. 3550
Ethics Reform Act

Affected
Congressional
Officials/Employees
Members of Congress

Proposed Action
Prohibit purchase or
sale of individual
securities

Source: CRS summary and analysis of proposed legislation.

CRS-22

Timeline
—

Proposed Penalty
—

Covered Assets
Individual securities

Exempted Assets
Widely held
investment funds

Legislation Introduced in the 118th Congress (2023-2024)
In the 118th Congress, 20 bills or resolutions were introduced to limit or prohibit Members of Congress and covered congressional employees
from engaging in certain financial activities (Table A-4). None of these measures were passed by the House or Senate.
Table A-4. 118th Congress: Proposals to Limit or Prohibit Certain Financial Activities
Bill or Resolution

Affected
Congressional Party

Proposed Action

Timeline

Proposed Penalty

Covered Assets

Exempted Assets

H.Res. 156
No Option for Stock
Trading and
Ownership as a
Check to Keep
Congress Clean (NO
STOCK) Resolution

Members of Congress,
Delegates, and Resident
Commissioner

Amend House Rule
XXIII to prohibit
ownership of
common stock

—

—

Common stock of
any individual
corporation

—

H.R. 345
TRUST in Congress
Act

Members of Congress,
spouses, and dependent
children

Require placement
of covered
investments in
qualified blind
trusts; Clerk of the
House and
Secretary of the
Senate post
certifications on a
public website

Within 90 days of
enactment for
current Members
or within 90 days
of taking office for
new Members

—

Securities,
commodities, or
futures, or any
comparable
economic interests
acquired through
synthetic means such
as the use of
derivatives

Widely held
investments; U.S.
Treasury bills, notes,
or bonds; or
compensation
through a covered
investment from the
primary occupation
of a Member’s
spouse or dependent

CRS-23

Bill or Resolution
H.R. 389
PORTFOLIO
(Preventing
Opportunistic
Returns on Trades
and Futures by
Officials, Leadership,
and Individuals in
Office) Act

Affected
Congressional Party
Members of Congress,
Delegates, and Resident
Commissioner;
congressional employees

Proposed Action

Timeline

Proposed Penalty

Covered Assets

Exempted Assets

Amend EIGA to
prohibit purchase
or ownership of
covered
investments

Purchase
prohibition
beginning 60 days
after enactment
or the date on
which an
individual
becomes a
covered person

Fine of $1,000 after
being notified by
supervising ethics
office

Securities,
commodities, futures,
cryptocurrency or
digital assets, or any
comparable
economic interests
acquired through
synthetic means
(such as the use of
derivatives, options,
or warrants)

Widely held
investment funds,
assets held in
qualified blind trust
or qualified
diversified trust;
diversified mutual
funds, diversified
exchange-traded
funds; U.S. Treasury
bills, notes, or bonds;
state or municipal
government bills;
Thrift Savings Plan
(TSP); compensation
received by spouse
or dependent child
from their primary
employer; investment
fund in a federal,
state, or local
government
retirement plan; or
interest in a small
business concern or
family-owned
business (that does
not present a conflict
of interest)

Common stock of
any individual
corporation

—

Covered persons
may comply with
requirements by
placing assets in a
qualified blind trust
Supervising ethics
office shall make
notices public not
later than 30 days
after receipt

Divestment
requirement
beginning within
180 days of
enactment or the
date on which an
individual
becomes a
covered person

Violations that
continue over 30
days incur additional
fees equal to $1,000
plus 10% of the value
of the covered
instruments

Supervising ethics
office may grant
temporary waivers
under certain
circumstances;
waivers shall be
published within 30
days
H.R. 507
HUMBLE Act

CRS-24

Members of Congress,
Delegates, and Resident
Commissioner

Amend House Rule
XXIII to prohibit
ownership of
common stock

Immediately
before noon on
January 3, 2025

—

Bill or Resolution

Affected
Congressional Party

Proposed Action

Timeline

Proposed Penalty

Covered Assets

Exempted Assets

H.R. 1138
Prohibit Insider
Trading Act

Members of Congress and
spouses

Prohibit ownership
or trading of
covered
investments

Applies first day
of second session
of the 118th
Congress (January
3, 2024) for
current Members;
within 7 days of
taking office for
new Members;
annual
certification of
compliance to
supervisory ethics
office, which
publishes
certification on
website

Disgorge to the
Treasury any profit
from the transaction
or holding;
prohibition on
deduction of a loss
from a covered
transaction or
holding; and civil fine
assessed by
supervising ethics
committee

Securities,
commodities, or
futures, or any
comparable
economic interests
acquired through
synthetic means
(such as the use of
derivatives, options,
or warrants)

Diversified mutual
funds; diversified
exchange-traded
funds; Thrift Savings
Plan (TSP); U.S.
Treasury bills, notes,
or bonds

H.R. 1463
Restoring Trust in
Public Servants Act

Members of Congress or
family members

Prohibit ownership
or trading of any
covered investment

Divest within 90
days after
enactment or
within 90 days of
becoming a
covered official

Penalty equal to the
fee under 5 U.S.C.
§13106(d)(1) for each
violation
During any month a
covered official is in
violation, would be
assessed a penalty
equal to that month’s
congressional salary
Violations published
by the supervising
ethics office

Securities,
commodities, or
futures, or any
comparable
economic interest
acquired through
synthetic means
(such as the use of
derivatives, options
or warrants),
including investment
funds, trusts,
employee benefit
plans, or a deferred
compensation plan

Diversified mutual
funds; diversified
exchange-traded
funds; U.S. Treasury
bills, notes, or bonds;
compensation from
primary occupation
of spouse or
dependent;
investment funds
held in federal, state,
or local government
retirement plans

Divestment
requirement
beginning within
90 days of taking
ownership of an
investment

CRS-25

Bill or Resolution

Affected
Congressional Party

Proposed Action

Timeline

Proposed Penalty

Covered Assets

Exempted Assets

H.R. 1679
Bipartisan Ban on
Congressional Stock
Ownership Act of
2023

Members of Congress and
spouses

Prohibit ownership
or sale of covered
investments

Depending on
type of asset,
divest within 180
days or 5 years of
enactment for
current Members
or within 180
days or 5 years of
taking office for
new Members

Civil fines of not
more than $50,000
per violation if
determined by a U.S.
district court after
the Attorney General
brings a civil action

Stocks, bonds,
commodities, futures,
or other forms of
securities, including
interests in hedge
funds, derivatives,
options, or other
complex investment
vehicles

Widely held
investments; U.S.
Treasury bills, notes,
or bonds; federal,
state, or local
government
employee retirement
plans; interest in a
small business
concern;
compensation from
spouse’s primary
occupation; Alaska
Native Claims
Settlement Act
Settlement Common
Stock

H.R. 2383
Prohibition of
Financial Trading on
Government
Property Act

Members of Congress;
congressional employees

Prohibit financial
trading activities on
federal government
property or with
federal government
resources

90 days after
enactment

Fines of not more
than $1,000 or the
value of the financial
activity, whichever is
greater; knowing
violations fined not
more than $5,000,
imprisoned not more
than 3 years, or both
Individuals found in
violation shall be
subject to disciplinary
action, including
potential removal, as
determined by
employing agency

Stocks, bonds,
commodities, futures,
cryptocurrency or
other digital assets,
or other securities
(interest in a hedge
fund, derivative,
option or other
complex investment
vehicle)

Thrift Savings Plan
(TSP)

Supervising ethics
office shall issue
regulations

CRS-26

Bill or Resolution
H.R. 2678
Ending Trading and
Holdings in
Congressional Stocks
(ETHICS) Act
S. 1171
Ending Trading and
Holdings in
Congressional Stocks
(ETHICS) Act

CRS-27

Affected
Congressional Party
Members of Congress,
spouses, and dependent
children

Proposed Action

Timeline

Proposed Penalty

Covered Assets

Exempted Assets

Amend the EIGA to
prohibit holding,
purchase, or sale of
covered financial
instruments;
covered officials
may divest or place
covered
investments in
qualified blind
trusts; supervising
ethics committee
publishes
certification on a
public website

At enactment:
Immediate ban on
purchase of
covered
investments for
Members; 90 days
for spouse and
dependent
children
90 days after
enactment: ban on
sale of covered
investments
Within 90 days of
enactment for a
Member or within
90 days of taking
office for a future
Member:
permitted to sell
covered
investments
Certify
compliance with
supervising ethics
office within 60
days of new
Congress
beginning

Civil penalty of equal
to the greater of the
monthly equivalent of
the annual rate of pay
for the Member or
amount equal to 10%
of the value of each
covered investment
not divested or
placed in a qualified
blind trust;
Attorney General
authorized to file civil
action against
individual who
discloses the
contents of a
qualified blind trust
($10,000 per
communication or
1% of the value of the
qualified blind trust)

Securities,
commodities, or
futures, or any
comparable
economic interests
acquired through
synthetic means
(such as the use of a
derivative, option, or
warrant); directly or
indirectly held
investment funds or
holding companies,
trusts, employee
benefit plans, or
deferred
compensation plans

Diversified mutual
funds; diversified
exchange-traded
funds; U.S. Treasury
bills, notes, or bonds;
compensation or
security paid from
the primary
occupation of a
Member’s spouse;
federal, state, or local
government
employee retirement
plans; tax-free state
or municipal bonds;
Alaska Native Claims
Settlement Act
Settlement Common
Stock

Bill or Resolution
H.R. 3003
Bipartisan Restoring
Faith in Government
Act

H.R. 6141
Insider Trading
Prevention Act

CRS-28

Affected
Congressional Party
Members of Congress,
spouses, and dependent
children

Members of Congress and
spouses

Proposed Action

Timeline

Proposed Penalty

Covered Assets

Exempted Assets

Amend EIGA to
prohibit ownership
of covered financial
instruments;
covered officials
shall divest of
covered financial
instruments or
place them in
qualified blind
trusts; submit a
“pledge of
compliance” to the
supervising ethics
office
House and Senate
publication of
certifications on a
public website

Divestment must
occur within 90
days of enactment
for current
Members or
within 90 days of
taking office for
new Members

Civil fines of not
more than $50,000 if
determined by a U.S.
district court after
the Attorney General
brings a civil action

Commodities,
securities, futures,
and any comparable
economic interests
acquired through
synthetic means such
as the use of
derivatives

Widely held
investments; U.S.
Treasury bills, notes,
or bonds; state or
local government
bonds; Thrift Savings
Plan (TSP)
investments

Amend EIGA to
prohibit purchase
or sale of covered
investments

On the day of
enactment

$25,000 per violation
or the value of the
covered financial
instruments sold or
purchased, whichever
is higher as
determined by the
supervising ethics
office

Securities as defined
in Section 3(a) of the
Securities and
Exchange Act of
1934 (15 U.S.C.
§78c(a))

United States
Treasury bills, notes,
or bonds; exchange
traded funds; mutual
funds; or any
investment held in a
federal, state, or local
government
employee retirement
plan

Prohibit a Member of
Congress from
paying a civil penalty
for noncompliance
with the amended
law from a Members’
Representational
Allowance (MRA) in
the House or the
Senators’ Official
Personnel and Office
Expense Accounta

Bill or Resolution

Affected
Congressional Party

H.R. 6842
STOCK Act 2.0

Members of Congress,
spouses, and dependents

S. 3555
STOCK Act 2.0

Proposed Action

Timeline

Proposed Penalty

Covered Assets

Exempted Assets

Amend EIGA to
prohibit ownership,
purchase, or sale of
covered financial
interests

120 days after
enactment for
current Members
or within 120
days of taking
office for new
Members

Supervising Ethics
Office fine of not less
than 10% of the value
of the covered
financial interest

Commodities,
securities, futures,
cryptocurrencies, and
any comparable
economic interests
acquired through
synthetic means such
as the use of
derivatives

Investment fund
registered as an
investment company
under 15 U.S.C.
§80a-3 (Investment
Company Act of
1940) and that is
diversified under 5
C.F.R. §2640.102;
compensation from
the primary
occupation of the
spouse of a covered
individual, or any
security that issued
or paid by the
employer of the
spouse of a covered
individual; U.S.
Treasury bills, notes,
or bonds

Amend the STOCK
Act to require
public access to
covered officials’
financial disclosure
and periodic
transaction reports

CRS-29

Bill or Resolution
H.R. 7264
Stop Politicians
Profiting from War
Act of 2024

CRS-30

Affected
Congressional Party
Members of Congress,
spouses, and dependents

Proposed Action

Timeline

Proposed Penalty

Covered Assets

Exempted Assets

Prohibit ownership
of financial interests
in covered defense
contractors (person
that has entered
into a contract,
transaction, or
other agreement
with the
Department of
Defense, but
excludes colleges
and universities and
nonprofit medical
facilities)

Divestment must
occur within 120
days of enactment
for current
Members or
within 120 days of
taking office for
new Members

Civil fines of not
more than $50,000
for each violation

Stocks, bonds,
commodities, futures,
or other form of
security the value of
which is significantly
based on a covered
defense contractor
or an entity in the
defense industrial
base, including hedge
funds, derivatives,
options, or other
complex investment
vehicles.

Widely held
investment funds that
do not present a
conflict of interest,
are diversified, and
do not indicate the
objective or practice
of concentrating
funds in covered
defense contractors
or entities in the
defense industrial
base; shares of
settlement common
stock under the
Alaska Native Claims
Settlement Act; U.S.
Treasury bills, notes,
or bonds; investment
funds held in federal,
state, or local
government
employee retirement
plans, or interest in
an investment fund
registered under the
Investment Company
Act of 1940

Divestment of
hedge fund,
venture capital
fund, or other
privately held
complex
investment vehicle
must occur within
180 days of
enactment for
current Members
or within 180
days of taking
office for new
Members
Any assets
received while a
Member must be
divested within
120 days

Bill or Resolution

Affected
Congressional Party

H.R. 8177
Stop Foreign Payoffs
Act

S. 58/S. 439
Preventing Elected
Leaders from Owning
Securities and
Investments (PELOSI)
Act

Proposed Action

Timeline

Proposed Penalty

Covered Assets

Exempted Assets

Members of Congress,
spouse, child, or spouse
of a child

Amend EIGA to
prohibit ownership
of any foreign
financial interest
Prohibit the receipt
of wages, salaries,
dividends, or other
payments from any
foreign business

Divestment must
occur not later
than 30 days after
the promulgation
of regulations to
carry out the act
Divestment for
future
officeholders must
occur within 30
days of taking
office

Civil penalty not to
exceed twice the
value of any foreign
interest held or
foreign payment
received

Financial interest in a
foreign business,
including stocks,
ownership interests,
bonds, or debt

Financial interests in
a foreign private
issuer of securities
that are publicly
traded on U.S. stock
exchanges

Members of Congress and
spouses

Amend EIGA to
prohibit ownership
or trading of
covered
investments

180 days of
enactment for
current Members
or within 180
days of taking
office for new
Members

Disgorge to the
Treasury any profit
from the transaction
or holding;
prohibition on
deduction of a loss
from a covered
transaction or
holding; and civil fine
assessed by
supervising ethics
committee

Commodities,
securities, futures,
and any comparable
economic interests
acquired through
synthetic means such
as the use of
derivatives

Diversified mutual
funds; diversified
exchange-traded
funds; U.S. Treasury
bills, notes, or bonds;
and compensation
from primary
occupation of a
Member’s spouse or
dependent

Later of 180 days
of enactment or
the date which
the covered
individual assumes
office or
employment

Disgorge to the
Treasury any profit
from the transaction
or holding; fine of not
less than 10% of the
value of the covered
financial investment

Commodities,
securities, futures,
and any comparable
economic interests
acquired through
synthetic means such
as the use of
derivatives

Diversified mutual
funds diversified
exchange-traded
funds; U.S. Treasury
bills, notes, or bonds;
compensation from
primary occupation
of covered individual

House and Senate
publication of
certifications on a
public website
S. 2463
Ban Stock Trading for
Government Officials
Act

CRS-31

Members of Congress,
spouses, and dependent
children

Amend EIGA to
prohibit ownership
or trading covered
investments and to
require divestiture
of covered financial
interest

Bill or Resolution

Affected
Congressional Party

S. 2773
Ban Congressional
Stock Trading Act

Members of Congress,
spouses, and dependent
children

Proposed Action

Timeline

Proposed Penalty

Covered Assets

Exempted Assets

Amend EIGA to
require divestiture
or placement of
assets in a blind
trust

Certification
required within
30 days of
enactment for
Members of
Congress, or
within 30 days of
becoming a
Member of
Congress;
divestiture or
blind trust
required with 120
days of enactment
for Members of
Congress, or
within 120 days of
becoming a
Member of
Congress

Civil penalties equal
to the monthly
equivalent of the
annual rate of pay for
Members of
Congress

Commodities,
securities, futures,
and any comparable
economic interests
acquired through
synthetic means such
as the use of
derivatives, options,
and warrants,
including investment
funds, trusts,
employee benefit
plans, or deferred
compensation plans

Diversified mutual
funds; diversified
exchange-traded
funds; U.S. Treasury
bills, notes, or bonds;
compensation from
primary occupation
of Member’s spouse
or dependent child;
investments in
federal, state, or local
government
employee retirement
plans

Source: CRS summary and analysis of proposed legislation.
Notes: Also introduced in the 118th Congress was a resolution (H.Res. 938) that would have expressed the House of Representatives’ support for a comprehensive
political reform plan, which would include a ban on Members of Congress holding and trading individual stocks during their tenures.
a. For more information on Members’ Representational Allowance (MRA) in the House or the Senators’ Official Personnel and Office Expense Account, see CRS
Report R40962, Members’ Representational Allowance: History and Usage, by Ida A. Brudnick; and CRS Report R44399, Senators’ Official Personnel and Office Expense
Account (SOPOEA): History and Usage, by Ida A. Brudnick.

CRS-32

Proposals to Limit Member of Congress Financial Activities

Author Information
Jacob R. Straus
Specialist on the Congress

Disclaimer
This document was prepared by the Congressional Research Service (CRS). CRS serves as nonpartisan
shared staff to congressional committees and Members of Congress. It operates solely at the behest of and
under the direction of Congress. Information in a CRS Report should not be relied upon for purposes other
than public understanding of information that has been provided by CRS to Members of Congress in
connection with CRS’s institutional role. CRS Reports, as a work of the United States Government, are not
subject to copyright protection in the United States. Any CRS Report may be reproduced and distributed in
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copy or otherwise use copyrighted material.

Congressional Research Service

R47818 · VERSION 5 · UPDATED

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Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/crs%3AR47818. Public record. Not legal advice.
