Us Congress 2023-2024 Regular Session

Us Congress House Bill HB448

Introduced
1/24/23  

Caption

Putting Investors First Act of 2023 This bill requires a proxy advisory firm to register with the Securities and Exchange Commission and prohibits an unregistered proxy advisory firm from using interstate commerce to provide proxy-voting advice, research, analysis, or recommendations to any client. With respect to these firms, the bill (1) establishes procedures for both registration and termination of registration; (2) requires each firm to employ an ombudsman, designate a compliance officer, and publicly disclose conflicts of interest; (3) allows issuers to assess and comment on proxy voting recommendations; and (4) prohibits unfair, coercive, or abusive practices. The bill establishes a private right of action against a proxy advisory firm that endorses an approved proposal that is not supported by the issuer and is found to be illegal.

Impact

If enacted, HB 448 will significantly impact how proxy advisory firms operate and interact with publicly traded companies. By requiring these firms to register, the bill aims to enhance the credibility and reliability of proxy voting advice, potentially reducing instances of misleading or inaccurate recommendations. This could lead to a more transparent environment where shareholders are better informed about the proxy advisory firms they rely on for guidance on shareholder proposals and voting decisions.

Summary

House Bill 448, known as the 'Putting Investors First Act of 2023,' aims to reform the regulations surrounding proxy advisory firms under the Securities Exchange Act of 1934. The bill mandates that all proxy advisory firms must register with the Securities and Exchange Commission (SEC) to ensure they are qualified to provide proxy voting advice. It outlines specific requirements for registration, including disclosures related to conflicts of interest, methodologies used for recommendations, and the professional qualifications of staff. Additionally, it introduces penalties for firms that operate without registration or fail to adhere to the mandated guidelines.

Contention

The bill has faced criticism and support from various stakeholders. Proponents argue that it will protect investors by ensuring that proxy advisory firms operate under strict regulations, thus enhancing the integrity of the proxy voting process. Conversely, opponents raise concerns about the potential for stifling diversity of opinions in proxy voting recommendations and argue that increased regulation could result in reduced accessibility to valuable advisory services. Another point of contention is the inclusion of additional responsibilities for investment advisors, where they would need to disclose how they utilize proxy advisory recommendations in voting decisions, adding layers of complexity to the voting process.

Companion Bills

US SB1799

Identical bill Putting Investors First Act of 2023

Similar Bills

US HB490

Federal Infrastructure Bank Act of 2023 This bill establishes the Federal Infrastructure Bank and the Federal Infrastructure Bank Holding Company (FIBHC). The bank shall be a wholly owned subsidiary of the FIBHC. The bank must provide equity investments, direct loans, and loan guarantees for the planning, predevelopment, design, construction, operation or maintenance of infrastructure projects in the United States with sufficient revenue sources and guarantees to support the interest and principal payments to the bank. At least 10% of the loans, equity investments, and loan guarantees must be for infrastructure projects in rural areas. The Board of Governors of the Federal Reserve System shall have oversight and supervisory authority over the FIBHC and the bank. The bank must establish an Infrastructure Guarantee Fund to cover loans and loan guarantees in the event of nonpayment by loan recipients. The bill provides for a taxpayer credit in an amount equal to 10% of the amount such taxpayer paid to the FIBHC for an equity investment at its original issue.

US HB220

Advanced Aviation Act This bill directs the Department of Transportation (DOT) to redesignate the Office of NextGen as the Office of Advanced Aviation within the Federal Aviation Administration (FAA). The new office duties include the coordination of rulemaking and approval processes on matters relating to advanced aviation systems (e.g., drones, supersonic aircraft technologies, counter-unmanned aircraft systems). The bill also establishes an Office of Advanced Integration within the Office of Advanced Aviation. Additionally, DOT must establish an Advanced Aviation Coordination Unit within the FAA whose responsibilities shall include the promotion of the safe and responsible integration of advanced aviation systems into the national airspace system. Further, DOT must redesignate the William J. Hughes Technical Center as the William J. Hughes Technical Center for Advanced Aviation. The center must establish and manage a program to evaluate new aviation-related technologies proposed to be used in the national airspace system and facilitate the integration of such technologies into the national airspace system.

US SB66

NOTAM Improvement Act of 2023 This bill directs the Federal Aviation Administration (FAA) to establish the FAA Task Force on NOTAM (notice to air missions required by international or domestic law) Improvement. A NOTAM is a notice containing information essential to personnel concerned with flight operations but not known far enough in advance to be publicized by other means. It states the abnormal status of a component of the National Airspace System. Specifically, the task force must (1) review existing methods for presenting NOTAMs and flight operations information for pilots; (2) review regulations and policies relating to NOTAMs, including their content and presentation to pilots; (3) evaluate and determine best practices to organize, prioritize, and present flight operations information in a manner that optimizes pilot review and retention of relevant information; (4) provide recommendations to improve the presentation of NOTAM information; and (5) report to Congress on its reviews and evaluations.

US HB189

Action Versus No Action Act This bill limits the scope of certain environmental assessments or impact statements related to forest management activities on National Forest System lands or public lands suitable for timber production to a consideration only of the effects of the forest management activity and the alternative of no action. Specifically, the bill applies to assessments or impact statements prepared by the Department of Agriculture (USDA), with respect to National Forest System lands, or the Department of the Interior, with respect to public lands, for forest management activities that meet at least one of the criteria specified. In the case of the alternative of no action, USDA or Interior shall consider whether to evaluate the effect of no action on, among other things, forest health, wildfire potential, insect and disease potential, and timber production; and the implications of a resulting decline in forest health, loss of habitat diversity, wildfire, or insect or disease infestation on potential losses of life and property, domestic water supply in the project area, and wildlife habitat loss.

US HB40

Commission to Study and Develop Reparation Proposals for African Americans Act This bill establishes the Commission to Study and Develop Reparation Proposals for African Americans. The commission must (1) compile documentary evidence of slavery in the United States; (2) study the role of the federal and state governments in supporting the institution of slavery; (3) analyze discriminatory laws and policies against freed African slaves and their descendants; and (4) recommend ways the United States may recognize and remedy the effects of slavery and discrimination on African Americans, including through a formal apology and compensation (i.e., reparations). The commission consists of individuals from civil society and reparations organizations and individuals appointed by the President and congressional leadership; Members of Congress and governmental employees may not serve on the commission. The commission may hold hearings, subpoena witnesses and records, and contract with other entities to conduct its work. The commission must submit its final report within 18 months of its first meeting.

US HB140

Protecting Speech from Government Interference Act This bill generally prohibits federal employees from censoring the speech of others while acting in an official capacity. Specifically, the bill prohibits employees of executive agencies or who are otherwise in the competitive service from (1) using their official authority to influence or advocate for a third party, including a private entity, to censor speech; (2) censoring the speech of any person who has a pending regulatory application with, or is the subject of or a participant in an active enforcement action by, the employee's office; or (3) engaging in censorship while on duty, wearing a uniform, or using official government property. Certain presidential appointees may not censor speech at any time, including outside normal duty hours. Employees are subject to disciplinary action, civil penalties, or both for violations. The bill defines censor or censorship to include ordering or advocating for the removal of lawful speech, the addition of disclaimers, or the restriction of access with respect to any platform (e.g., social media).

US SB46

American Innovation and Manufacturing Act This bill establishes within the Small Business Administration a credit facility to provide financial assistance to investment companies that finance small manufacturing businesses.

US HB324

Stop Subsidizing Multimillion Dollar Corporate Bonuses Act This bill extends the $1 million limit on the deductibility of executive compensation to all employees of publicly traded corporations.