Us Congress 2023-2024 Regular Session

Us Congress House Bill HB4767

Introduced
7/20/23  
Refer
7/20/23  

Caption

Protecting Americans’ Retirement Savings from Politics Act

Impact

The proposed legislation is expected to impact how shares are voted in corporations, particularly by allowing companies more freedom to exclude certain shareholder proposals deemed to be duplicative or substantially similar to previously submitted proposals. This could diminish the role of shareholder advocacy groups, especially those pushing for environmental, social, or governance (ESG) criteria, by restricting their ability to influence corporate decisions. Overall, the bill could lead to a tighter control over shareholder interactions with corporate boards and advisory firms, changing the landscape of shareholder rights and corporate accountability.

Summary

House Bill 4767, known as the Protecting Americans' Retirement Savings from Politics Act, seeks to amend federal securities laws specifically targeting shareholder proposals, proxy voting practices, and the regulation of proxy advisory firms. The bill aims to create a framework that limits the influence of non-financial factors in investment decisions, focusing instead on promoting the best economic interest of shareholders. It proposes that institutional investors and firms should prioritize pecuniary factors in their decision-making processes, potentially leading to a significant reshaping of corporate governance practices.

Sentiment

Discussions around HB4767 have been polarized. Proponents argue that the bill is necessary to shield retirement savings from politicization and ensure that investment decisions are based strictly on financial performance. They claim the bill will benefit long-term investors and reduce unnecessary governance costs. Conversely, opponents criticize the bill for potentially silencing shareholder voices on critical social issues and undermining the influence of retail investors who might rely on proxy advisory firms for guidance in exercising their voting rights. The sentiment is thus sharply divided, reflecting broader debates over the role of politics in corporate governance.

Contention

Notably contentious aspects of the bill include its provisions for the exclusion of shareholder proposals related to ESG topics, which some view as a critical means for investors to push for responsible corporate behavior. Critics argue that this could lead to a regression in corporate accountability and transparency, particularly regarding how companies address pressing social and environmental concerns. The balance between enhancing shareholder autonomy while preserving avenues for advocacy is a central theme in the debate surrounding this legislation.

Companion Bills

US HB4589

Related To amend the Securities Exchange Act of 1934 to provide for the registration of proxy advisory firms, and for other purposes.

US HB4590

Related To amend the Securities Exchange Act of 1934 to provide for liability for certain failures to disclose material information in connection with proxy voting advice, and for other purposes.

US HB4600

Related Protecting Retail Investors’ Savings Act

US HB4641

Related Performance over Politics Act

US HB4662

Related Corporate Governance Examination Act

US HB4657

Related To clarify that an issuer may exclude a shareholder proposal pursuant to section 240.14a-8(i) of title 17, Code of Federal Regulations, without regard to whether such proposal relates to a significant social policy issue.

US HB4640

Related To authorize the exclusion of shareholder proposals from proxy or consent solicitation material if the subject matter of the shareholder proposal is environmental, social, or political.

US HB4648

Related To amend the Securities Exchange Act of 1934 to provide for duties of certain investment advisors, asset managers, and pension funds with respect to voting on shareholder proposals, and for other purposes.

US HB4645

Related Empowering Shareholders Act of 2023

US HB4656

Related Protecting American’s Savings Act

Similar Bills

US HB4790

Protecting Americans’ Retirement Savings from Politics Act Businesses Over Activists Act Guiding Uniform and Responsible Disclosure Requirements and Information Limits Act of 2023 American FIRST Act of 2023 American Financial Institution Regulatory Sovereignty and Transparency Act of 2023

US HB4589

To amend the Securities Exchange Act of 1934 to provide for the registration of proxy advisory firms, and for other purposes.

IA HF721

A bill for an act relating to the consideration of nonfinancial factors in providing financial services, including actions regarding the economic interest of enterprise shareholders and participants in and beneficiaries of public pension benefit plans, and providing penalties.

IA SSB1056

A bill for an act relating to actions regarding the economic interest of enterprise shareholders and participants in and beneficiaries of public pension benefit plans, and providing penalties.

US HB448

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.

US SB1799

Putting Investors First Act of 2023

IA HSB667

A bill for an act relating to actions regarding the economic interest of enterprise shareholders and participants in and beneficiaries of public pension benefit plans, and providing penalties.

WV HB2862

Relating generally to requirements for shareholder voting by the West Virginia Investment Management Board and the Board of Treasury Investments