[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 4973 Introduced in Senate (IS)]
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117th CONGRESS
2d Session
S. 4973
To amend the Employee Retirement Income Security Act of 1974 to clarify
the fiduciary duties regarding asset classes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
September 28, 2022
Mr. Toomey (for himself, Mr. Scott of South Carolina, and Ms. Lummis)
introduced the following bill; which was read twice and referred to the
Committee on Health, Education, Labor, and Pensions
_______________________________________________________________________
A BILL
To amend the Employee Retirement Income Security Act of 1974 to clarify
the fiduciary duties regarding asset classes.
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 ``Retirement Savings Modernization
Act''.
SEC. 2. FIDUCIARY DUTIES REGARDING ASSET CLASSES UNDER ERISA.
Section 404(a) of the Employee Retirement Income Security Act of
1974 (29 U.S.C. 1104(a)) is amended by adding at the end the following:
``(3)(A) A fiduciary shall not be liable for a breach of fiduciary
duties under this section solely for--
``(i) recommending, selecting, or monitoring any covered
investment as an investment option for a plan; or
``(ii) causing the plan to make any payment or incur any
expense, associated with such covered investment.
``(B) For purposes of subparagraph (A):
``(i) The term `covered investment'--
``(I) means any direct or indirect investment; and
``(II) includes, but is not limited to, any of the
following:
``(aa) Commodities.
``(bb) Debt, including public and private
credit.
``(cc) Digital assets.
``(dd) Hedge funds.
``(ee) Infrastructure.
``(ff) Insured products and annuities.
``(gg) Private equity.
``(hh) Real assets.
``(ii) Real estate or real estate-related
securities.
``(jj) Securities that are listed on a
national securities exchange.
``(kk) Venture capital.
``(ll) An investment in any fund,
commingled account, or pooled investment
vehicle that invests in any investment,
including but not limited to an investment
described in items (aa) through (kk).
``(ii) The terms `exchange' and `security' have the
meanings given the terms in section 3(a) of the Securities
Exchange Act of 1934 (15 U.S.C. 78c(a)).
``(iii) The term `national securities exchange' means an
exchange registered as a national securities exchange pursuant
to section 6 of the Securities Exchange Act of 1934 (15 U.S.C.
78f).
``(C) Nothing in this paragraph shall be construed as providing an
exemption or safe harbor from the requirements of paragraph (1).''.
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