summary
Introduced
07/12/2023
07/12/2023
In Committee
07/12/2023
07/12/2023
Crossed Over
Passed
Dead
01/03/2025
01/03/2025
Introduced Session
118th Congress
Bill Summary
A BILL To amend the Investment Advisers Act of 1940 and the Employee Retirement Income Security Act of 1974 to specify requirements concerning the consideration of pecuniary and non-pecuniary factors, and for other purposes.
AI Summary
This bill, the Ensuring Sound Guidance Act, amends the Investment Advisers Act of 1940 and the Employee Retirement Income Security Act of 1974 to specify requirements around the consideration of pecuniary (financial) and non-pecuniary (non-financial) factors by investment advisers and fiduciaries of employee benefit plans. The key provisions are:
1. Investment advisers must determine the best interest of customers using pecuniary factors unless the customer provides informed written consent to consider non-pecuniary factors, in which case the adviser must disclose the expected and actual pecuniary effects.
2. Employee benefit plan fiduciaries must act solely in the interest of plan participants and beneficiaries, and can only consider non-pecuniary factors if they are unable to distinguish between investment alternatives based on pecuniary factors alone.
3. The bill requires the Securities and Exchange Commission (SEC) to study the extent of climate change and environmental disclosures by municipal securities issuers, as well as the effectiveness of rules governing the solicitation of municipal securities business.
Committee Categories
Housing and Urban Affairs
Sponsors (8)
Tom Cotton (R)*,
Marsha Blackburn (R),
Mike Braun (R),
Ted Budd (R),
Kevin Cramer (R),
Bill Hagerty (R),
Jim Risch (R),
Rick Scott (R),
Last Action
Read twice and referred to the Committee on Banking, Housing, and Urban Affairs. (on 07/12/2023)
Official Document
bill text
bill summary
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bill summary
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bill summary
| Document Type | Source Location |
|---|---|
| State Bill Page | https://www.congress.gov/bill/118th-congress/senate-bill/2282/all-info |
| BillText | https://www.congress.gov/118/bills/s2282/BILLS-118s2282is.pdf |
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