Us Congress 2025-2026 Regular Session

Us Congress Senate Bill SB1368 Compare Versions

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11 II
22 119THCONGRESS
33 1
44 STSESSION S. 1368
55 To amend title 5, United States Code, to address the responsibilities of
66 fiduciaries with respect to the Thrift Savings Fund, and for other purposes.
77 IN THE SENATE OF THE UNITED STATES
88 APRIL9, 2025
99 Mr. S
1010 COTTof Florida introduced the following bill; which was read twice and
1111 referred to the Committee on Homeland Security and Governmental Affairs
1212 A BILL
1313 To amend title 5, United States Code, to address the respon-
1414 sibilities of fiduciaries with respect to the Thrift Savings
1515 Fund, and for other purposes.
1616 Be it enacted by the Senate and House of Representa-1
1717 tives of the United States of America in Congress assembled, 2
1818 SECTION 1. SHORT TITLE. 3
1919 This Act may be cited as the ‘‘TSP Fiduciary Secu-4
2020 rity Act of 2025’’. 5
2121 SEC. 2. FINDINGS. 6
2222 Congress finds the following: 7
2323 (1) The Federal Retirement Thrift Investment 8
2424 Board has a fiduciary duty to manage the Thrift 9
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2828 Savings Fund in the best interest of the beneficiaries 1
2929 of the Fund. 2
3030 (2) The principal beneficiaries of the Thrift 3
3131 Savings Fund are the civil servants of the United 4
3232 States, and members of the uniformed services, who 5
3333 are tasked with defending the national security of 6
3434 the United States. 7
3535 (3) The duty of the Federal Retirement Thrift 8
3636 Investment Board to manage the Thrift Savings 9
3737 Fund in the best interests of the beneficiaries of the 10
3838 Fund includes a duty not to harm the national secu-11
3939 rity of the United States. 12
4040 SEC. 3. FIDUCIARY RESPONSIBILITIES WITH RESPECT TO 13
4141 THRIFT SAVINGS FUND. 14
4242 Section 8477 of title 5, United States Code, is 15
4343 amended— 16
4444 (1) in subsection (b)(1)— 17
4545 (A) in subparagraph (B), by striking ‘‘; 18
4646 and’’ and inserting a semicolon; 19
4747 (B) in subparagraph (C), by striking the 20
4848 period at the end and inserting ‘‘; and’’; and 21
4949 (C) by adding at the end the following: 22
5050 ‘‘(D) to the maximum extent practicable, by 23
5151 preventing the investments of the Thrift Savings 24
5252 Fund (or portions thereof), and the exercise of vot-25
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5656 ing rights associated with any such investments, 1
5757 from harming the national security of the United 2
5858 States.’’; and 3
5959 (2) in subsection (e), by adding at the end the 4
6060 following: 5
6161 ‘‘(9)(A) Notwithstanding any other provision of this 6
6262 subsection, no fiduciary shall be personally liable for any 7
6363 monetary damages, or be assessed any civil penalty, under 8
6464 this subsection with respect to a breach of the requirement 9
6565 under subsection (b)(1)(D). 10
6666 ‘‘(B) Subparagraph (A) shall cease to have effect be-11
6767 ginning on January 1, 2027.’’. 12
6868 SEC. 4. REVIEW OF THRIFT SAVINGS FUND FOR COMPLI-13
6969 ANCE WITH FIDUCIARY DUTIES. 14
7070 (a) I
7171 NGENERAL.—Section 8477(f) of title 5, United 15
7272 States Code, is amended— 16
7373 (1) by inserting ‘‘(1)’’ after ‘‘(f)’’; and 17
7474 (2) by adding at the end the following: 18
7575 ‘‘(2)(A) Not later than 1 year after the date of enact-19
7676 ment of this paragraph, the Secretary of Labor, in con-20
7777 sultation with the Secretary of Defense, the Attorney Gen-21
7878 eral, the Secretary of Homeland Security, and the Sec-22
7979 retary of the Treasury, shall prescribe regulations to carry 23
8080 out subsection (b)(1)(D) with respect to each of the fol-24
8181 lowing: 25
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8585 ‘‘(i) The investments of the Thrift Savings 1
8686 Fund, which shall include the establishment of 2
8787 standards by which compliance with subsection 3
8888 (b)(1)(D) with respect to the investments of the 4
8989 Thrift Savings Fund (or portions thereof) shall be 5
9090 determined. 6
9191 ‘‘(ii) The exercise of voting rights associated 7
9292 with the investments of the Thrift Savings Fund (or 8
9393 portions thereof). 9
9494 ‘‘(B) The regulations prescribed under subparagraph 10
9595 (A)(ii) shall include— 11
9696 ‘‘(i) the establishment of a process by which the 12
9797 exercise of voting rights described in subparagraph 13
9898 (A)(ii) shall be reviewed by the Secretary of Labor, 14
9999 in consultation with the Secretary of Defense, the 15
100100 Attorney General, the Secretary of Homeland Secu-16
101101 rity, and the Secretary of the Treasury, for compli-17
102102 ance with subsection (b)(1)(D) with respect to the 18
103103 exercise of those rights; and 19
104104 ‘‘(ii) the establishment of standards by which 20
105105 compliance with subsection (b)(1)(D) with respect to 21
106106 the exercise of voting rights described in subpara-22
107107 graph (A)(ii) shall be determined, including the fac-23
108108 tors contributing to a determination that a covered 24
109109 vote would not comply with subsection (b)(1)(D). 25
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113113 ‘‘(C) For the purposes of any regulation prescribed 1
114114 under subparagraph (A), the Secretary of Labor shall pre-2
115115 sume that— 3
116116 ‘‘(i) an investment of the Thrift Savings Fund 4
117117 (or portions thereof) does not comply with sub-5
118118 section (b)(1)(D) if the investment invests in— 6
119119 ‘‘(I) an entity included on— 7
120120 ‘‘(aa) the list of Communist Chinese 8
121121 military companies maintained under sec-9
122122 tion 1237(b) of the Strom Thurmond Na-10
123123 tional Defense Authorization Act for Fiscal 11
124124 Year 1999 (50 U.S.C. 1701 note); or 12
125125 ‘‘(bb) the entity list maintained by the 13
126126 Bureau of Industry and Security of the 14
127127 Department of Commerce and set forth in 15
128128 Supplement No. 4 to part 744 of title 15, 16
129129 Code of Federal Regulations; or 17
130130 ‘‘(II) a parent, subsidiary, or affiliate of, 18
131131 or an entity controlled by, an entity described 19
132132 in subclause (I); and 20
133133 ‘‘(ii) an exercise of voting rights associated with 21
134134 any investments of the Thrift Savings Fund (or por-22
135135 tions thereof) does not comply with subsection 23
136136 (b)(1)(D) if that exercise of voting rights is a cov-24
137137 ered vote with respect to a proposal that would— 25
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141141 ‘‘(I) approve or ratify a transaction, in-1
142142 cluding a transaction described in subparagraph 2
143143 (D)(ii)(I), that would cause, or would reason-3
144144 ably be expected to cause, an entity to which 4
145145 the covered vote applies to— 5
146146 ‘‘(aa) breach any contract with the 6
147147 Federal Government to which the entity is 7
148148 a party, and under which the consideration 8
149149 provided to the entity over the course of 9
150150 the entire contract is more than 10
151151 $10,000,000, if the entity has otherwise 11
152152 complied with all applicable laws and regu-12
153153 lations in fulfilling the responsibilities of 13
154154 the entity with respect to the contract; 14
155155 ‘‘(bb) significantly reduce the produc-15
156156 tion of, or the capital expenditure or re-16
157157 search and development expenditure with 17
158158 respect to, any— 18
159159 ‘‘(AA) industrial resources, crit-19
160160 ical technology items, or materials 20
161161 that are essential to the national de-21
162162 fense (as those terms are defined in 22
163163 section 702 of the Defense Production 23
164164 Act of 1950 (50 U.S.C. 4552)); or 24
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168168 ‘‘(BB) emerging and 1
169169 foundational technology identified by 2
170170 the President under section 1758 of 3
171171 the Export Controls Act of 2018 (50 4
172172 U.S.C. 4817); or 5
173173 ‘‘(cc) outsource or substantially sell, 6
174174 whether to any affiliated entity or joint 7
175175 venture, or by contract, to any entity lo-8
176176 cated in a covered country, any— 9
177177 ‘‘(AA) industrial resources, crit-10
178178 ical technology items, or materials 11
179179 that are essential to the national de-12
180180 fense (as those terms are defined in 13
181181 section 702 of the Defense Production 14
182182 Act of 1950 (50 U.S.C. 4552)); or 15
183183 ‘‘(BB) emerging and 16
184184 foundational technology identified by 17
185185 the President under section 1758 of 18
186186 the Export Controls Act of 2018 (50 19
187187 U.S.C. 4817); or 20
188188 ‘‘(II) elect to the board of directors of any 21
189189 entity an individual who— 22
190190 ‘‘(aa) is a director, officer, employee, 23
191191 or affiliate of any entity described in clause 24
192192 (i)(I); 25
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196196 ‘‘(bb) at any time during the 5-year 1
197197 period preceding the date on which that 2
198198 election occurs, was as described in item 3
199199 (aa); or 4
200200 ‘‘(cc) a reasonable investor would be-5
201201 lieve supports any proposal described in 6
202202 subclause (I). 7
203203 ‘‘(D) In this paragraph— 8
204204 ‘‘(i) the term ‘covered country’ means— 9
205205 ‘‘(I) the People’s Republic of China, the 10
206206 Russian Federation, North Korea, Iran, Syria, 11
207207 Sudan, Venezuela, or Cuba; 12
208208 ‘‘(II) any country, the government of which 13
209209 the Secretary of State determines has repeat-14
210210 edly provided support for acts of international 15
211211 terrorism pursuant to— 16
212212 ‘‘(aa) section 1754(c)(1)(A) of the Ex-17
213213 port Control Reform Act of 2018 (50 18
214214 U.S.C. 4813(c)(1)(A)); 19
215215 ‘‘(bb) section 620A of the Foreign As-20
216216 sistance Act of 1961 (22 U.S.C. 2371); 21
217217 ‘‘(cc) section 40 of the Arms Export 22
218218 Control Act (22 U.S.C. 2780); or 23
219219 ‘‘(dd) any other provision of law; or 24
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223223 ‘‘(III) any other country that the Secretary 1
224224 of Labor, in consultation with the Secretary of 2
225225 Defense, the Attorney General, the Secretary of 3
226226 Homeland Security, and the Secretary of the 4
227227 Treasury, designates as posing an undue or un-5
228228 necessary risk to the national security of the 6
229229 United States; and 7
230230 ‘‘(ii) the term ‘covered vote’ means a vote in 8
231231 favor of (or an abstention with respect to) a pro-9
232232 posal to— 10
233233 ‘‘(I) approve or ratify a transaction involv-11
234234 ing an entity, including— 12
235235 ‘‘(aa) any sale of, or other disposition 13
236236 of (whether in a single or a series of trans-14
237237 actions) assets or capital stock; and 15
238238 ‘‘(bb) any merger, consolidation, joint 16
239239 venture, partnership, spin-off, reverse spin- 17
240240 off, dissolution, restructuring, recapitaliza-18
241241 tion, liquidation, or any other business 19
242242 combination or strategic transaction; or 20
243243 ‘‘(II) elect an individual to the board of di-21
244244 rectors of the entity that is the subject of the 22
245245 proposal.’’. 23
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249249 (b) REVIEW OFEXERCISE OFVOTINGRIGHTS; RE-1
250250 PORT TOCONGRESS.—Section 8438 of title 5, United 2
251251 States Code, is amended— 3
252252 (1) in subsection (f)— 4
253253 (A) by inserting ‘‘(1)’’ after ‘‘(f)’’; and 5
254254 (B) by adding at the end the following: 6
255255 ‘‘(2) For the purposes of paragraph (1), a review of 7
256256 the exercise of voting rights for compliance with section 8
257257 8477(b)(1)(D), including under the regulations prescribed 9
258258 under section 8477(f)(2), shall not be considered to be the 10
259259 exercise of voting rights associated with the ownership of 11
260260 securities by the Thrift Savings Fund.’’; and 12
261261 (2) by adding at the end the following: 13
262262 ‘‘(i) Not later than 2 years after the date of enact-14
263263 ment of this subsection, and annually thereafter, the Sec-15
264264 retary of Labor shall submit to the Committee on Home-16
265265 land Security and Governmental Affairs of the Senate and 17
266266 the Committee on Oversight and Government Reform of 18
267267 the House of Representatives a report regarding— 19
268268 ‘‘(1) for the year covered by the report, the in-20
269269 vestments of the Thrift Savings Fund (or portions 21
270270 thereof), and the exercise of voting rights associated 22
271271 with any such investments, that have been reviewed 23
272272 for compliance with section 8477(b)(1)(D); and 24
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276276 ‘‘(2) the outcome with respect to enforcement of 1
277277 each review conducted under paragraph (1) and a 2
278278 justification for that outcome.’’. 3
279279 SEC. 5. PROHIBITION ON INVESTMENT OF THRIFT SAVINGS 4
280280 FUND SUMS IN ENTITIES BASED IN THE PEO-5
281281 PLE’S REPUBLIC OF CHINA THROUGH THE 6
282282 TSP MUTUAL FUND WINDOW. 7
283283 Section 8438(b)(5) of title 5, United States Code, is 8
284284 amended by adding at the end the following: 9
285285 ‘‘(E) A mutual fund accessible through a mutual fund 10
286286 window authorized under this paragraph may not include 11
287287 an investment in any security of— 12
288288 ‘‘(i) an entity based in the People’s Republic of 13
289289 China; or 14
290290 ‘‘(ii) any subsidiary that is owned or operated 15
291291 by an entity described in clause (i).’’. 16
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