This bill amends title 5, United States Code, to enhance the fiduciary responsibilities of the Federal Retirement Thrift Investment Board regarding the Thrift Savings Fund (TSP). It establishes a new duty for fiduciaries to prevent TSP investments and the exercise of associated voting rights from harming the national security of the United States . This duty is underscored by the recognition that beneficiaries are primarily civil servants and uniformed service members. The legislation directs the Secretary of Labor, in consultation with other federal agencies, to prescribe regulations within one year to implement this new national security duty. These regulations will establish standards for both TSP investments and the exercise of voting rights, including a review process to ensure compliance. The bill outlines specific presumptions for non-compliance, such as investments in entities on certain U.S. government lists related to Communist Chinese military companies or the Department of Commerce's entity list, or their affiliates. Furthermore, the bill defines when the exercise of voting rights would be presumed non-compliant, particularly if a vote would lead to breaching significant federal contracts, reducing production of critical national defense resources, or outsourcing sensitive technologies to "covered countries" like China or Russia. It also prohibits the election of directors affiliated with certain foreign entities. Finally, the Act mandates an annual report to Congress on compliance reviews and explicitly bans investments in entities based in the People's Republic of China through the TSP mutual fund window.
This bill amends title 5, United States Code, to enhance the fiduciary responsibilities of the Federal Retirement Thrift Investment Board regarding the Thrift Savings Fund (TSP). It establishes a new duty for fiduciaries to prevent TSP investments and the exercise of associated voting rights from harming the national security of the United States . This duty is underscored by the recognition that beneficiaries are primarily civil servants and uniformed service members. The legislation directs the Secretary of Labor, in consultation with other federal agencies, to prescribe regulations within one year to implement this new national security duty. These regulations will establish standards for both TSP investments and the exercise of voting rights, including a review process to ensure compliance. The bill outlines specific presumptions for non-compliance, such as investments in entities on certain U.S. government lists related to Communist Chinese military companies or the Department of Commerce's entity list, or their affiliates. Furthermore, the bill defines when the exercise of voting rights would be presumed non-compliant, particularly if a vote would lead to breaching significant federal contracts, reducing production of critical national defense resources, or outsourcing sensitive technologies to "covered countries" like China or Russia. It also prohibits the election of directors affiliated with certain foreign entities. Finally, the Act mandates an annual report to Congress on compliance reviews and explicitly bans investments in entities based in the People's Republic of China through the TSP mutual fund window.