Overview

Title

To improve access for diverse-owned asset management firms, and for other purposes.

ELI5 AI

The Too Narrow to Succeed Act is a plan to help companies owned by different kinds of people, like women and minority groups, get better chances to manage big pots of money, and it asks government groups to share how they're doing and what's tricky about it.

Summary AI

H.R. 10336, known as the "Too Narrow to Succeed Act," aims to enhance opportunities for asset management firms that are owned by diverse individuals, including women and minorities. The bill requires federal institutional investors to submit annual reports about their use of such firms and identify potential challenges in working with them. It encourages transparency and inclusivity in the selection process for managing public and private retirement funds. Additionally, the legislation mandates a survey of best practices to improve access for these diverse-owned firms and requires regular reporting to Congress on strategies and challenges faced in implementing these practices.

Published

2024-12-10
Congress: 118
Session: 2
Chamber: HOUSE
Status: Introduced in House
Date: 2024-12-10
Package ID: BILLS-118hr10336ih

Bill Statistics

Size

Sections:
4
Words:
1,599
Pages:
9
Sentences:
31

Language

Nouns: 551
Verbs: 134
Adjectives: 88
Adverbs: 29
Numbers: 39
Entities: 79

Complexity

Average Token Length:
4.54
Average Sentence Length:
51.58
Token Entropy:
5.04
Readability (ARI):
29.16

AnalysisAI

General Summary of the Bill

The proposed legislation, known as the "Too Narrow to Succeed Act," was introduced to improve the inclusivity of asset management firms that manage investments for federal institutions. This bill seeks to enhance access for diverse-owned firms, focusing particularly on those owned by women and minorities. The proposed measures include increasing transparency in the selection processes of these firms, identifying and removing barriers that limit their opportunities, and aiding both public and private retirement funds in adopting more inclusive practices to reduce systemic risks and maximize returns.

Summary of Significant Issues

One of the primary issues with the bill lies in the ambiguity surrounding the definition of a "diverse-owned" asset management firm. The responsibility for setting the benchmarks for this definition falls upon the Secretary of Labor, without specific guidelines being provided within the bill itself. This lack of clarity could lead to inconsistency and a lack of transparency in implementation.

Additionally, the requirement for federal institutional investors to submit annual reports on their use of diverse-owned firms may lead to increased administrative burdens and associated costs. If clear reporting standards are not established, this could result in inefficient allocation of resources without delivering tangible benefits.

Moreover, the bill’s call for increasing transparency and identifying barriers lacks details on the mechanisms or metrics to be employed, which raises questions about how effectively these goals can be achieved. The broad language in defining "Federal institutional investors" also presents issues, as it grants significant discretion to the Secretary of Labor, potentially leading to subjective interpretation and application.

Impact on the Public

Broadly, the bill aims to democratize opportunities in asset management by providing diverse-owned firms with better access to federal contracts. This could contribute to greater economic equality and empowerment for women and minority business owners. However, the potential increase in administrative costs for federal institutions and the ambiguity in defining key terms could dilute these positive impacts.

Impact on Specific Stakeholders

For diverse-owned asset management firms, this bill could present a substantial opportunity to expand their market and increase their business with federal entities. However, the effectiveness of these opportunities is heavily contingent on how the definition of "diverse-owned" is eventually determined and applied.

Federal institutional investors might experience increased administrative burdens given the requirement for annual reporting and other compliance measures. These institutions would need to balance implementing the bill’s provisions with the practicalities and costs associated with new reporting standards.

For the general public, particularly those participating in retirement and pension plans managed by these asset management firms, the bill could potentially lead to better managed and more inclusive investment practices. However, this would depend on the successful removal of barriers for diverse-owned firms and the efficient operation of these entities under new, more inclusive frameworks.

Conclusion

The "Too Narrow to Succeed Act" holds the potential to facilitate significant positive change by fostering greater inclusivity and diversity within the asset management industry. Nevertheless, the effectiveness of the bill is closely tied to overcoming its definitional ambiguities and ensuring that the implementation is resource-efficient and outcome-oriented. To truly succeed, the bill will require clear guidelines and standards that minimize administrative burdens while maximizing opportunities for diverse-owned firms.

Financial Assessment

The bill, H.R. 10336, contains a few indirect financial references, primarily concerning the management and reporting of funds by federal institutional investors. These references have significant implications for how diverse-owned asset management firms are engaged and evaluated by the federal entities involved.

Financial Thresholds and Institutional Oversight

The bill identifies specific financial thresholds, notably "any other Federal entity that administers a fund with more than $1,000,000,000 in assets". This highlights the scale and potential impact of funds involved. The absence of explicit spending or allocation details suggests that the focus is on oversight and reporting rather than direct financial appropriations.

The issue arises, as noted in the list of concerns, regarding the ambiguity of what constitutes "diverse-owned" firms and how this will be determined. The lack of specificity could lead to inconsistencies in financial engagement with these firms, potentially disadvantaging them if unclear benchmarks are applied. The bill leaves it to the Secretary to determine these benchmarks, which could lead to varying interpretations and application across different federal institutions.

Impact of Annual Reporting Requirements

The requirement for annual reports from these federal institutional investors seeks to enhance transparency regarding their use of diverse-owned firms. However, the additional administrative costs associated with producing these reports are not clearly outlined. Without defined standards or a clear framework for what these reports must include, there's a risk that these financial resources could be allocated inefficiently, becoming more of a burden than a benefit, as mentioned among the issues.

Potential Broader Financial Implications

The broad definition of "Federal institutional investor" with the inclusion of entities that manage funds similar to the Thrift Savings Fund further complicates the potential financial implications. The discretion left to the Secretary could lead to a broader range of funds falling under this act’s requirements, increasing the complexity and oversight costs without necessarily guaranteeing enhanced opportunities for diverse-owned firms.

Summary

In essence, while the bill does not specify financial allocations, it implies significant oversight costs through reporting and compliance mechanisms. There is a noteworthy emphasis on understanding the challenges these firms face and ensuring they can compete fairly for large-scale asset management contracts. However, the lack of clear definitions and thresholds could dilute these efforts, leading to uncertainty and potentially high administrative expenditures that may not translate into meaningful engagement with diverse-owned asset management firms.

Issues

  • The definition of 'diverse-owned' asset management firms is ambiguous, as it is determined by benchmarks set by the Secretary without explicit guidelines, potentially leading to inconsistency and lack of transparency (Section 3, Section 4(a)(3)).

  • The language in Section 2 regarding increasing transparency and identifying barriers lacks specificity about the mechanisms or metrics, leading to potential implementation ambiguity.

  • The phrase 'any other Federal entity that administers a fund' in the definition of 'Federal institutional investor' is overly broad, possibly including a wide range of entities based on the Secretary's discretion, which could lead to subjective interpretation (Section 3(3)(C)).

  • The requirement for annual reports by Federal institutional investors could incur high administrative costs without concrete benefits if reporting standards are not clearly defined (Section 4(a)(1)).

  • The term 'subcontractor asset management firm' lacks clarity regarding their roles and responsibilities within contracts, which may lead to confusion in compliance and reporting (Section 3(6)).

  • The bill's intent to address barriers for diverse-owned firms is undermined by the undefined 'sense of Congress' statements, which do not mandate specific actions, leaving practical outcomes uncertain (Section 4(b)).

  • The complexity of definitions and terms in the bill, such as 'Federal investments', might make it difficult for stakeholders to understand compliance requirements and effectively engage with the proposed initiatives (Section 3(4)).

  • The frequency of reports to Congress might result in redundancy if not aligned with similar efforts, potentially adding unnecessary bureaucracy without enhancing outcomes (Section 4(c)).

Sections

Sections are presented as they are annotated in the original legislative text. Any missing headers, numbers, or non-consecutive order is due to the original text.

1. Short title Read Opens in new tab

Summary AI

The bill may be referred to by its short name, the "Too Narrow to Succeed Act".

2. Purpose Read Opens in new tab

Summary AI

The purpose of this Act is to make it easier for companies owned by women and minorities to work with federal investors by increasing transparency in how firms are chosen, finding and removing barriers to these businesses, and helping retirement funds choose firms more inclusively to manage risks and improve returns responsibly.

3. Definitions Read Opens in new tab

Summary AI

The section provides definitions for key terms, including "asset management firm," which refers to companies that manage investment portfolios for retirement plans; "diverse-owned" as determined by the Secretary; "Federal institutional investor," which includes various governmental agencies managing large funds; "Federal investments," meaning investments managed by these federal entities; "Secretary" as the Secretary of Labor; and "subcontractor asset management firm," describing firms that manage federal investments under contract with the primary firm managing those investments.

Money References

  • Any other Federal entity that administers a fund— (i) with more than $1,000,000,000 in assets invested for which the entity uses the services of, or contracts with, an asset management firm; and (ii) that the Secretary determines is similar to the Thrift Savings Fund or a fund described in subparagraph (B).

4. Improving access for diverse-owned asset management firms Read Opens in new tab

Summary AI

The section requires federal investors to report annually on their use of diverse-owned asset management firms, including details about the challenges they face and actions to increase opportunities for such firms. It also involves the Secretary conducting regular surveys on strategies to support diverse-owned firms, with findings reported to Congress and made public.