[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 3367 Introduced in Senate (IS)]
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116th CONGRESS
2d Session
S. 3367
To require the Securities and Exchange Commission to establish a
Diversity Advisory Group to study and make recommendations on
strategies to increase gender, racial, and ethnic diversity among the
members of the board of directors of issuers, to amend the Securities
Exchange Act of 1934 to require issuers to make disclosures to
shareholders with respect to gender, racial, and ethnic diversity, and
for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
March 2, 2020
Ms. Cortez Masto (for herself, Ms. Smith, Mr. Van Hollen, Mrs.
Feinstein, Ms. Duckworth, Ms. Rosen, and Ms. Klobuchar) introduced the
following bill; which was read twice and referred to the Committee on
Banking, Housing, and Urban Affairs
_______________________________________________________________________
A BILL
To require the Securities and Exchange Commission to establish a
Diversity Advisory Group to study and make recommendations on
strategies to increase gender, racial, and ethnic diversity among the
members of the board of directors of issuers, to amend the Securities
Exchange Act of 1934 to require issuers to make disclosures to
shareholders with respect to gender, racial, and ethnic diversity, and
for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Diversity in Corporate Leadership
Act of 2020''.
SEC. 2. DIVERSITY STUDY AND DISCLOSURES.
(a) Definitions.--In this section--
(1) the term ``Advisory Group'' means the Diversity
Advisory Group established under subsection (b);
(2) the term ``Commission'' means the Securities and
Exchange Commission; and
(3) the term ``issuer'' has the meaning given the term in
section 3 of the Securities Exchange Act of 1934 (15 U.S.C.
78c).
(b) Diversity Advisory Group.--
(1) Establishment.--The Commission shall establish a
Diversity Advisory Group, which shall be composed of
representatives from the Federal Government, academia, and the
private sector.
(2) Study and recommendations.--The Advisory Group shall--
(A) carry out a study on strategies to increase
gender, racial, and ethnic diversity among the members
of the board of directors of issuers; and
(B) not later than 9 months after the establishment
of the Advisory Group, issue a report to the
Commission, the Committee on Banking, Housing, and
Urban Affairs of the Senate, and the Committee on
Financial Services of the House of Representatives
containing the findings and determinations made in
carrying out the study under subparagraph (A), along
with recommendations to increase gender, racial, and
ethnic diversity among the members of the board of
directors of issuers.
(3) Annual report.--Not later than 1 year after the date on
which the Advisory Group issues the report under paragraph
(2)(B), and annually thereafter, the Commission shall issue a
report to the Committee on Banking, Housing, and Urban Affairs
of the Senate and the Committee on Financial Services of the
House of Representatives on the status of gender, racial, and
ethnic diversity among the members of the board of directors of
issuers.
(4) Public availability of reports.--The Commission shall
make all reports of the Advisory Group available to issuers and
the public, including on the website of the Commission.
(c) Disclosures.--The Securities Exchange Act of 1934 (15 U.S.C.
78a et seq.) is amended by inserting after section 14B the following:
``SEC. 14C. DIVERSITY DISCLOSURES.
``The Commission shall, by rule, require each issuer to disclose,
in any proxy or consent solicitation material for an annual meeting of
the shareholders of the issuer, the gender, racial, and ethnic
composition of the board of directors of the issuer and nominees for
the board of directors.''.
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