Should Congress void the rule regulating risk-return analysis with ESG factors?

This bill has Passed the House of Representatives
Bill Summary

This bill calls for congressional disapproval of "The Prudence and Loyalty in Selecting Plan Investments and Exercising Shareholder Rights" rule. This rule would allow fiduciaries (entities that manage employee benefit plans) to account for Environmental, Social, and Corporate Governance (ESG) factors when making investment decisions. Retirement plan fiduciaries would no longer be required to perform a risk-return analysis with ESG factors. Sponsor: Rep Andy Barr (Republican, Kentucky, 6th District)
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Opponents say

•  "Nothing in the DOL rule that they seek to repeal imposes any requirement on anyone. In fact, it goes out of its way to make sure decision-making remains solely in the hands of the fiduciary. Republicans love to talk about small government and letting the private sector do its work. But their obsession with eliminating ESG would do just the opposite." Source: Chuck Schumer (Democrat, New York, Senator)


  "The Administration strongly opposes H.J. Res. 30, a resolution that would disapprove of the rule finalized by the Department of Labor (DOL) relating to Prudence and Loyalty in Selecting Plan Investments and Exercising Shareholder Rights. Since day one, the Biden-Harris Administration has been unapologetic in fighting for America’s workers and ensuring our economy works for America’s working people. America’s workers built this country – and this Administration owes it to them to ensure that fiduciaries have the fullest set of available tools to protect their life savings and pensions. As it has for nearly 50 years, federal law demands that investment decisions made by retirement plan investors are based solely on plan beneficiaries’ financial benefits in their retirement income. The Biden-Harris Administration rule reflects feedback from approximately 900 written comments and more than 20,000 petition signatures during the 60-day comment period from a variety of parties, including plan sponsors and other plan fiduciaries, individual plan participants and beneficiaries, labor organizations, financial services companies, academics, elected government officials, trade and industry associations, and others, both supporting and opposing the proposed rule." Source: OMB

Proponents say

•   "According to research from the University of Chicago, mutual funds scoring highly on ESG factors are constantly outperformed by funds rated lowest for ESG. Moreover, 85 percent of the country does not even know what ESG is, and therefore would not be aware of the financial risks their retirement account managers are subjecting them to when they actively pursue ESG investment decisions." Source: Paul Teller (AAF Executive Director)


  "It is irresponsible of the Biden Administration to jeopardize retirement savings for more than 150 million Americans for purely political purposes. I encourage my colleagues on both sides of the aisle to support this important resolution to ensure Congress is promoting economic security for West Virginians and Americans, not further exacerbating the serious economic challenges they are already facing" Source: Joe Manchin (Democrat, West Virginia, Senator)