Wednesday, July 5, 2023

The leader of the House GOP's anti-ESG efforts

Jul 05, 2023 View in browser
 
The Long Game header

By Eleanor Mueller

VERBATIM

Bill Huizenga speaks.

Rep. Bill Huizenga and his GOP colleagues have big plans for what they're calling ESG month. | Kevin Dietsch/Getty Images

Four months ago, House Financial Services Chair Patrick McHenry (R-N.C.) drafted Rep. Bill Huizenga (R-Mich.) to lead the GOP’s attack on ESG.

Now, Huizenga’s working group and the committee are ready to spring into action.

With Rep. Andy Barr (R-Ky.) declaring July “ESG month,” House Republicans are laying their plans for cracking down on Wall Street practices that further environmental, social and governance goals. ESG-centric investing, banking and other practices prioritize ideology over profits, they say, to the detriment of consumers and markets.

We spoke with Huizenga to get a download on the pivotal weeks ahead — and how they fit into the party’s longer-term push.

This interview has been edited for length and clarity.

You said earlier this month that your ESG working group was getting ready to release a report containing recommendations. How's that shaping up?

This is a preliminary report. This was our first crack at it.

We feel good that we've been able to summarize … all of these disparate branches of activity and thoughts and actions that were going on — both from the regulators, from the industry, some of the legislative proposals — and to kind of corral those and put them all together, get them organized. That was really the purpose.

Some of this, too, is we've got a group of people in the working group and on our committee that haven't been here for a long time working on these kinds of issues. [So] there's also some education that we need to do.

We don't have any specific bill numbers laid out, for example, but we do have concepts and there are some bills that support those concepts. But we didn't want to get that prescriptive.

[The report] has probably more of an emphasis on the E part of ESG, but there certainly are other elements that are talked about.

What specific recommendations will the report include?

[There’s] an acknowledgment that the proxy voting system is broken and needs to be modernized, right? So we highlight, for example, that ESG shareholder proposals [account] for 61 percent of all proposals, included on proxy ballots — that's twice what it had been the year prior. Proxy advisory firms are part of the problem. … They seem to prioritize social and political objectives versus economic impact to other shareholders. They've been part of the activist ecosystem.

Investment advisers, asset managers, pension funds — I would argue some not all, but certainly some — have been ignoring their fiduciary duty to shareholders or maybe de-emphasizing that. There's currently no requirement for asset managers to justify why they are voting for some of these things and especially if they're voting against an independent board. There's very little transparency with that.

The SEC has not done its job, in my humble opinion, on encouraging capital formation. This is one of [the] three pillars of what they are supposed to be working on. They've done all kinds of work on investor protection. … But they are also there to help encourage and build out these capital markets and encourage capital formation, and they've done the exact opposite.

And then you've got the EU and some of the other international concerns about what's going on.

It sounds like every House Financial Services Committee subcommittee will have a hearing on this. What is the Oversight and Investigations subcommittee hearing going to focus on?

It’s climate disclosure — that's a huge part of the SEC’s rulemaking and what they've been going at.

McHenry very deliberately wanted to put that issue into the O&I [subcommittee. But] we're not quite ready to release what bills we're going to be putting in for that hearing.

A pull quote from Bill Huizenga.

As far as interactions with industry, what have you been hearing from them?

I will put it in a couple of different categories.

Those that have been receiving the regulation and the pushback and the industry groups that are dealing with their boards, for example, they all acknowledge [the issues].

We've had some asset managers coming in and saying, "Look, we're trying to work on this on our own and we're trying to make sure that our shareholders have more input." I think they're a little less thrilled and are a little more unsure of what the prescriptive actions might be.

Some of the proxy advisers, they love what they've got right now, right? Because they’ve got free rein, and they can kind of do and decide what is appropriate or not appropriate, and that I would anticipate is not going to be the case if I have my way.

So I think there's varying degrees of enthusiasm depending on which ox is getting gored.

Which proxy advisers, asset managers and banks, specifically, have you been in contact with?

I'm not sure I want to reveal that quite yet. But we have been having a broad cross-section of the industries and people affected by it. And also some think tank types and that kind of thing. … We've had former regulators, current regulators, folks like that coming in.

Who will the committee ask to testify next month?

Not ready to reveal that. But we've had our conversations.

If these bills make it to Biden's desk, it's unlikely he will sign them. What's the end goal here? Is this setting the stage for when Republicans have control of the Senate and the White House?

Not all of this is just partisan hackery.

You're seeing a less activist, more traditional reading out of courts these days. And so if their choice is losing in court or actually coming up with a bipartisan solution to things … then guess what Joe Biden needs to go explain to the American investor and the American taxpayer: Why he is convinced that people like [SEC Chair] Gary Gensler know best and they shouldn't worry their pretty little heads about how they're investing their own money.

When I was a staffer out here, and even when I first got here, you could modify behavior within an administration if you got a bunch of members of Congress together to write a letter. … That no longer is the case. Or certainly not to the extent that it used to be. We almost now have to do legislation to show our seriousness about this, because if we can pass it in the House, it now becomes a debatable issue when we are dealing with the Senate.

I don't view it just as an exercise in futility, even if we pass it in the House and it doesn't necessarily get a passage in the Senate. [Because] if you've got senators talking about it in their own committee hearings, for example, and getting co-sponsorships and getting companion legislation introduced, that maybe hopefully starts getting the attention.

 

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