Invest Like Congress: 2 ETFs to Add to Your Watchlist

July 31, 2024 at 07:24 AM EDT

The United States Capitol Building in Washington, DC. American landmark at sunset

Washington's elite's investment strategies have captivated the imagination of investors seeking a glimpse into the minds of the nation's power brokers. Two unconventional exchange-traded funds (ETFs) offer this enticing proposition by allowing investors to mimic US Congress members' publicly disclosed stock trades.

The Unusual Whales Subversive Democratic Trading ETF (BATS: NANC) and the Unusual Whales Subversive Republican Trading ETF (BATS: KRUZ) were launched simultaneously on February 7, 2023. These novel financial instruments allow investors to mimic the investment choices of Democratic and Republican lawmakers.

It is essential to clarify that these ETFs do not invest directly in political campaigns or politicians themselves. Instead, they leverage the transparency mandated by the Stock Act of 2012, which requires lawmakers to disclose their trading activities. This act, enacted to mitigate concerns about conflicts of interest and potential insider trading, provides the data these ETFs utilize to construct portfolios mirroring those of their Congressional counterparts.

Divergent Portfolios and Performance Histories

Despite their shared origin, NANC and KRUZ exhibit striking differences in performance and portfolio composition. NANC boasts an impressive all-time return of 44.43% compared to KRUZ's more moderate 21.74%. This trend persists in their year-to-date performance, with NANC returning 16.90% against KRUZ's 10.39%. At its inception, a hypothetical $10,000 investment in NANC would now be valued at $14,443, while the same investment in KRUZ would have grown to $12,174.

This performance gap reveals the distinct investment philosophies embedded within each ETF. NANC allocates a substantial 39.5% of its assets to the technology sector, mirroring the portfolios of certain Democratic lawmakers who have gravitated towards high-growth technology companies. The fund's top holdings, including giants like NVIDIA (NASDAQ: NVDA), Microsoft (NASDAQ: MSFT), and Salesforce (NYSE: CRM), underscore this strategic focus.

KRUZ, conversely, allocates a more conservative 17.8% to Technology, leaning instead on Financials (13.9%) and Energy (6.5%). This approach aligns with the investment patterns of some Republican lawmakers, who often favor more traditional, value-oriented sectors. KRUZ's top holdings include companies like JPMorgan Chase & Co. (NYSE: JPM), NVIDIA (NASDAQ: NVDA), and Comfort Systems USA (NYSE: FIX).

While NANC's heavy technology weighting has driven its impressive returns, investors must remember that past performance does not indicate future results. The relative performance of these ETFs could shift based on market fluctuations and future Congressional trading activity.

Adding another layer to the analysis, both ETFs share a 0.75% management fee, but KRUZ carries slightly higher other expenses (0.08% vs. NANC's 0.01%). This disparity results in KRUZ investors bearing a somewhat higher total net expense ratio of 0.83% compared to NANC's 0.76%. While seemingly insignificant, this difference can compound over time, impacting an investor's overall returns.

Ethical Crossroads: Transparency vs. Integrity

The capacity for members of Congress to engage in active trading of individual equities while concurrently involved in the development and passage of legislation has emerged as a significant point of ethical contention. Detractors posit that this practice creates a scenario susceptible to conflicts of interest, potentially affording lawmakers an unfair advantage in the market. This argument hinges on the premise that elected officials, by virtue of their positions, may have access to material non-public information that could influence their trading decisions, a practice legally defined as insider trading and prohibited for the general public.

This debate has spurred calls for heightened transparency and accountability measures within the legislative branch. Some advocate for a complete prohibition on individual stock trading by members of Congress and their immediate families, citing the need to eliminate any perception of impropriety and ensure public confidence in the integrity of the legislative process. Legislative proposals, such as the ETHICS Act, aim to codify such restrictions.

Despite studies investigating the past performance of Congressional stock portfolios, the findings have been inconclusive. Quantitative analyses have not yet shown a statistically significant pattern where Congressional trading outperforms the broader market. This suggests that access to potentially privileged information, in and of itself, does not necessarily translate into superior investment returns. Furthermore, some research findings indicate that simulated portfolios constructed through random stock selection have, on occasion, generated returns comparable to or exceeding those of Congressional portfolios.

The ethical implications for investors considering NANC and KRUZ ETFs remain complex and subject to individual interpretation. Investors must reconcile the potential financial benefits of these strategies with the ongoing ethical debate surrounding Congressional stock trading. Some may perceive profiting from the trades of lawmakers, who theoretically have access to non-public information, as morally problematic, regardless of legality. Others may contend that as long as Congressional trading activities remain within the bounds of existing legislation and transparency requirements, replicating such trades through an ETF does not constitute an ethical breach.

The Bottom Line: Proceed with Caution

NANC and KRUZ offer investors a novel avenue for portfolio diversification by tapping into the investment strategies employed by members of Congress. However, thorough research and due diligence are paramount before investing. Investors should prioritize their financial goals, risk tolerance, and investment strategy over any perceived political alignment.

Remember, past performance doesn't guarantee future success. The ethical implications of mirroring Congressional trading should also factor into your decision. Investing in NANC and KRUZ is not simply about aligning with a political ideology but understanding the potential benefits and risks of a unique, potentially controversial investment strategy. Before making any decisions, conduct further research, explore resources like financial websites, and consider consulting a financial advisor.

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Invest Like Congress: 2 ETFs to Add to Your Watchlist

Divergent Portfolios and Performance Histories

Ethical Crossroads: Transparency vs. Integrity

The Bottom Line: Proceed with Caution

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