S. 1042Active in CommitteeMarket NeutralGovernment Operations and Politics

Bans Members of Congress and Their Spouses from Trading Individual Stocks

Outlaws stock picking by Senators, Representatives, and their spouses—forcing them to use broad index funds or pay massive monthly fines.

Official Congressional Title (ETHICS Act (Ending Trading and Holdings in Congressional Stocks))

A bill to prohibit Members of Congress, their spouses, and dependent children from purchasing or selling individual publicly traded securities, and for other purposes.

Sponsor:Sen. Jeff Merkley (D-OR)
Cosponsors (34 total):
22 Dem•11 Rep•1 Ind
Bipartisan Consensus Score84/100
Legislative Status Tracker (Latest Action: 2026-10-22)
Introduced
In Committee
Passed 1 Chamber
Passed Both
Signed into Law

Latest: Committee on Homeland Security and Governmental Affairs ordered reported favorably with bipartisan backing.

The Plain-English Breakdown

Members of Congress get classified briefings and write laws that can make a company's stock soar or crash. Right now, they are still allowed to buy and sell individual company stocks as long as they file a disclosure form within 45 days. This bill completely bans Senators, House members, their husbands/wives, and their kids from owning or trading individual stocks, options, or crypto derivatives. They can only invest in broad index funds (like an S&P 500 fund) or U.S. savings bonds. If they break the rule, they lose their monthly paycheck or pay a 10% fine on the stock's value.

What Actually Changes in Real Life If Passed

  • Immediate ban on any Senator or House member buying individual stocks or options.
  • Gives lawmakers and their spouses 180 days to sell existing single-company stocks and move into broad index ETFs.
  • Eliminates the notorious 'blind trust' loophole unless approved under strict ethics enforcement.
  • Increases the fine for violating trading rules from $200 (under the old STOCK Act) to 10% of the stock's value or a full month's Congressional salary.

Clause-by-Clause: Official Verbiage vs. Plain English

Side-by-side translation of the bill's key statutory sections

Sec. 3(a) — Total Ban on Single-Stock & Option TradesEthics Ban
📜 Official Statutory Verbiage

“No covered individual may acquire or dispose of any security of a single issuer, commodity, future, or option.”

✨ Plain-English Translation

Lawmakers, their spouses, and kids cannot buy or sell individual stocks, stock options, or futures contracts.

Sec. 4 — Capital Gains Tax Deferral on Forced SaleTax Sweetener
📜 Official Statutory Verbiage

“A covered individual who divests a covered investment pursuant to this Act may elect to defer recognition of gain under section 1043 of the Internal Revenue Code.”

✨ Plain-English Translation

Sweetener for lawmakers: if they are forced to sell their stocks to follow this law, they don't have to pay capital gains taxes right away if they roll the money into an index fund.

Who Wins / Benefits

Public Trust & Everyday Retail Investors

Removes the conflict of interest where lawmakers trade stocks in the exact industries their committees regulate.

Passive Broad-Market Index ETFs (Vanguard, BlackRock, State Street)

Lawmakers must redirect hundreds of millions in personal wealth into broad index funds.

Who Pays / Loses

Active Stock-Trading Lawmakers & 'Copy-Trade' Trackers

Ends Congressional stock picking and renders 'Unusual Whales / Politician Copy-Trading' ETFs obsolete.

Market & Public Equity Impact

Sectors, ETFs, and public companies exposed to this legislation

Market Neutral

Minimal macro market impact, but directly impacts political trade-tracking funds (NANC, GOP) and eliminates Congressional insider-sentiment signals.

NANCUnusual Whales Subversive Democratic Trading ETF
NEGATIVE

ETFs built specifically to mirror Congressional single-stock disclosures lose their signal source if lawmakers can only hold index funds.

GOPUnusual Whales Subversive Republican Trading ETF
NEGATIVE

Loses single-issuer Congressional trade filings once divestiture takes effect.

Rider & Hidden Pork Detector

Checks for unrelated attachments, earmarks, or omnibus logrolling

Rider Complexity28/100

Mostly clean ethics bill, though it includes a valuable capital-gains tax deferral perk for wealthy lawmakers forced to sell appreciated stock.

Section 1043 Capital Gains Tax Rollover Perk$15M–$40M in deferred tax revenue

Allows members of Congress with millions in unrealized stock gains to sell their individual stocks and roll them into index funds without paying immediate capital gains taxes.