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Copyright 2000 Star Tribune  
Star Tribune (Minneapolis, MN)

September 28, 2000, Thursday, Metro Edition

SECTION: NEWS; Pg. 6A

LENGTH: 1386 words

HEADLINE: Dozens in Congress own millions in drug stocks;
Holdings are legal, but they trouble some policy experts

BYLINE: Greg Gordon; Andrew Donohue; Staff Writers

DATELINE: Washington, D.C.

BODY:
While Minnesota Democrat Mark Dayton is taking political heat for owning drug stocks and at the same time attacking drug companies during his Senate campaign, a host of pharmaceutical investors already occupy seats in Congress.

     Dozens of senators, House members and their families own tens of millions of dollars in stock in pharmaceutical firms whose profits could rise or fall, depending on what Congress does about soaring prices of medicine and the push for Medicare drug benefits.

     Their stock holdings are legal, but create appearances that trouble some congressional watchdogs and public policy experts.

     A review of the latest financial disclosure statements from 180 members of Congress _ including congressional leaders, lawmakers who sit on committees dealing with prescription-drug legislation and members of Minnesota's delegation _ showed that 36 members or their families owned drug stocks.     

     Wisconsin Rep. James Sensenbrenner, ranking Republican on a Judiciary subcommittee that reviews patent legislation involving drug companies, listed shares worth $2.2 million to $7.1 million in five drugmakers.

     Teresa Kerry _ the wife of Sen. John Kerry, D-Mass., and a Heinz family heiress _ listed shares in eight drug companies worth $2.1 million to $4.2 million. Her husband sits on the Senate Commerce Committee that will probably have a role in shaping any Medicare drug package.

     Democratic Rep. Jim Oberstar was the only Minnesota delegation member to report drug stock ownership in his family on his financial disclosure statement.

     The year-end pharmaceutical shareholder lists also include Republican presidential nominee George W. Bush and his family with $62,000 to $234,000 in drug stocks; his running mate, Dick Cheney, $150,000 to $350,000; and Hadassah Lieberman, wife of Sen. Joseph Lieberman, the Democratic vice presidential nominee, $15,000 to $50,000.

     Bush, who is pushing a prescription-drug plan that the industry finds more palatable than Gore's, has since put all of his stock into a blind trust. Cheney, who is on leave as a director of Procter & Gamble, says he will do the same if elected and also will relinquish rights to 11,000 options for P&G stock. Lieberman's spokeswoman says the 1,000 shares that Hadassah Lieberman owns in Pfizer Inc. are hers alone and came from her days as a company employee. Joseph Lieberman is strongly advocating Gore's government-run Medicare drug plan.

     Although it violates neither laws nor congressional ethics rules for a member of Congress to own stock in any industry, some public policy experts and congressional watchdogs say owning stocks in the most profitable industry _ pharmaceuticals _ can be problematic.

     "Holding shares of such companies ipso facto raises the appearance of a conflict of interest by members of Congress," said Peter Eisner, managing director of the Center for Public Integrity. "A member of Congress should be above suspicion of conflicts of interest, and drug companies are a prime example of an industry in which members of Congress are courted and lobbied and make decisions that affect the value of the stock."

     David King, an associate professor of public policy at Harvard University's Kennedy School of Government, said he is not so bothered that congressional members own stocks in drug companies if they have little influence over legislation affecting the industry.

     But, he said, "a member on the House Commerce Committee or the Senate Finance Committee would be skating on thin ice to hold a lot of drug stocks right now because they are the ones who will be debating and deciding prescription-drug benefits."

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Who owns what

     Sensenbrenner was ranked recently by the Capitol Hill newspaper Roll Call as the 25th-wealthiest member of Congress with an estimated net worth of about $10.2 million. His 1999 year-end financial report listed $1 million to $5 million in Merck & Co. shares; $750,000 to $1.5 million in Monsanto (now Pharmacia); blocks of $250,000 to $500,000 in both Abbott Laboratories and Warner Lambert, and $50,000 to $100,000 in Twin Cities-based 3M.

     In his senior position on the intellectual properties subcommittee of the House Judiciary Committee, he considers patent extension bills that could result in billions of dollars in revenues for drugmakers by delaying the marketing of cheaper generic alternatives.

     Sensenbrenner has "looked very carefully at issues of conflict of interest," his spokeswoman Gina Carty said. When legislative issues arise on the committee that would "affect his holdings in either Merck or Abbott Labs, he would recuse himself from dealing with those issues," she said. She did not mention the other firms in which he holds stock.

     Several members of the Senate Commerce Committee own drug stocks, topped by Sen. Sam Brownback, R-Kan., whose wife, Mary, and children own $211,000 to $515,000 in drug stocks. Brownback spokesman Erik Hotmire said that, while Brownback is aware of their holdings, the stocks are effectively in a blind trust because "Senator Brownback does not have any authority as to the purchase or sale of the stocks."

     Other Commerce Committee members who own or have family interests in drug stocks include Sens. Kay Bailey Hutchison, R-Texas, $130,000 to $350,000; Bill Frist, R-Tenn., $45,000 to $150,000; Jay Rockefeller, D-W.Va., $65,000 to $150,000, and the House committee's ranking Democrat, Rep. John Dingell, D-Mich., $18,000 to $95,000.

     Sen. Max Baucus, D-Mont., a member of the Senate Finance Committee, had $80,000 to $201,000 in pharmaceutical stocks, and Sen. John Kyl, R-Ariz., a member of the Senate Judiciary Committee, listed $36,436 in stockholdings in eight drug companies.

     Some congressional members, such as Kerry and Oberstar, say the shares belong solely to their spouses. Oberstar said he did not know that his wife, Jean, who inherited a consulting business and stock portfolio when her first husband died, owned shares in Johnson & Johnson until a reporter inquired. "They're hers; they're not mine," he said.

          Still, during an election year when prescription-drug benefits have become a major campaign issue, politicians are sensitive to appearances. When Dayton's ownership of $500,000 to $1 million in Abbott Laboratories stock became public in August, he ordered his financial adviser to sell those shares, saying he thought he already had done so. On Saturday, Dayton said that earlier this month, he also sold $51,686 worth of stock in another drug company, Elan Corp. PLC.

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     Greg Gordon can be contacted at ggordon@mcclatchydc.com

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     Andrew Donohue can be contacted at intern@mcclatchydc.com

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     Prominent investors

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     At a time when prescription drug benefits have become a major political issue, dozens of members of Congress held tens of millions of dollars in stock in pharmaceutical companies as of Dec. 31, 1999. And so did three of the four members of the major parties' presidential tickets. Democratic presidential candidate Al Gore did not list any drug stocks on his financial disclosure statement.

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     Republican presidential nominee George W. Bush

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(Total holdings: $62,000-$234,000)

Owned blocks each worth up to $1,000 in Baxter International, Procter & Gamble, Schering Plough and Warner Lambert. Trusts for daughters Barbara and Jenna each had shares worth $1,001-$15,000 in Procter & Gamble, and $15,001-$50,000 in both Warner Lambert and Pfizer.

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     GOP vice presidential candidate Dick Cheney

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(Total holdings: $150,000-$350,000)

Owned shares worth $100,000-$250,000 in Procter & Gamble. As a P&G director, received stock options worth $50,000-$100,000.

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     Democratic vice presidential candidate

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     Joseph Lieberman

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(Total holdings: $15,000-$50,000)

Wife Hadassah, a former Pfizer employee, owned 1,000 shares of stock in the Connecticut-based drug maker valued at $15,000-$50,000.

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    - Source: Star Tribune research



GRAPHIC: PHOTO

LOAD-DATE: September 28, 2000




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