Legislative Efforts to Restrict ESG Factors in Investing
Recent Action in Congress on Retirement Savings
Since the 118th Congress (2023 and 2024), various legislation has been introduced in Congress both in support of and against the consideration of environmental, social and governance (ESG) factors in retirement investing. Much of the legislation has centered on either the requirement or prohibition of the Securities and Exchange Committee (SEC) to enforce disclosure requirements related to ESG and whether ESG risks are material and pecuniary or not. In the current (119th) Congress, several bills have been introduced on a range of ESG issues, including the SEC Act of 2025 (H.R. 257) and the Restoring Integrity in Fiduciary Duty Act…
