S 523 United States Senate · 118th Congress

Freedom to Invest in a Sustainable Future Act

This bill amends the Employee Retirement Income Security Act (ERISA) to allow retirement plan fiduciaries to consider environmental, social, and governance (ESG) factors when making investment decisions. Specifically, it permits fiduciaries to factor in ESG considerations - such as climate impact or diversity practices - as part of standard investment analysis or as tie-breakers when competing investments have comparable financial returns and risk. The bill clarifies that fiduciaries need not provide extra documentation for these ESG considerations and ensures ESG-aligned investments can still serve as default options in retirement plans. It directly affects retirement plan managers (e.g., for 401(k)s) and the investment choices they make for employee savings.
Bill status in committee 1 of 4 stages cleared
Introduction
Feb 2023
Committee Review
Floor Vote
President
Introduced Feb 16, 2023 Last action Feb 16, 2023
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Total actions
2
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0
Committee
1
Feb 16, 2023
Committee
Read twice and referred to the Committee on Health, Education, Labor, and Pensions.
upper
Feb 16, 2023
Introduced
Introduced in Senate
upper
1 primary · 8 co-sponsors

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