This bill prohibits the Thrift Savings Fund from exercising voting rights associated with the securities it owns.
Ted Cruz
Senator
TX
This bill, the "Stop TSP ESG Act," prohibits the Thrift Savings Fund's asset managers from exercising voting rights associated with the securities it owns. This measure specifically targets the use of proxy voting power within the TSP portfolio.
The “Stop TSP ESG Act” is short, but it packs a punch for the millions of federal employees and military service members who rely on the Thrift Savings Plan (TSP) for their retirement savings. The bill amends Title 5 of the U.S. Code to explicitly prohibit the professional asset managers overseeing the TSP from exercising any voting rights associated with the securities held in the fund (Sec. 2).
Think of the TSP as the 401(k) for the federal workforce. When you own shares in a company, you also own the right to vote on things like electing board members, approving mergers, or weighing in on major corporate policies—this is called proxy voting. Large institutional investors, like pension funds, routinely use these votes as a tool to oversee the companies they invest in, often pushing for better governance or long-term strategies. This bill essentially says: the TSP must own the shares, but it can’t use the vote, turning the fund’s holdings into entirely passive investments.
This restriction removes a key fiduciary tool from the hands of the TSP's asset managers. While the bill’s name points toward a goal of stopping Environmental, Social, and Governance (ESG) considerations, the actual text is absolute: it prohibits exercising all voting rights. This means managers can’t vote on anything—whether it’s an ESG issue, a proposal to fight climate change, or simply a vote on executive compensation or financial risk management. For a federal worker or service member, this means your retirement fund loses its voice in the companies it owns.
Institutional investors often use proxy voting to hold management accountable, which can protect the long-term value of the investment. By removing this oversight mechanism, the TSP managers might be less able to influence companies on issues that could materially impact the fund’s value down the road, such as poor governance practices or excessive risk-taking. It’s like owning a house in an HOA but being barred from ever attending or voting at the board meetings.
The immediate beneficiaries are likely the companies whose management practices might otherwise be challenged by large shareholders. If a company is facing a shareholder proposal to improve its board diversity or disclose its climate risks, removing the TSP’s vote—which is often a massive block of shares—makes it easier for company management to defeat those proposals. This gives corporate leadership less pressure from one of the largest retirement funds in the country.
On the flip side, the potential cost is borne by the millions of federal employees and military personnel. While proponents might argue this ensures managers focus only on pecuniary (financial) returns, proxy voting is a standard part of modern financial management used to preserve those returns. Restricting the ability of professional managers to use all the tools at their disposal—including governance oversight—could be seen as handcuffing them, potentially impacting the long-term financial health of the TSP portfolio.