HR5339-118

Passed House

To amend the Employee Retirement Income Security Act of 1974 to specify requirements concerning the consideration of pecuniary and non-pecuniary factors, and for other purposes.

118th Congress Introduced Sep 5, 2023

Legislative Progress

Passed House
Introduced Committee Passed
Sep 5, 2023

Mr. Allen introduced the following bill; which was referred to …

Sep 5, 2023 (inferred)

Passed House (inferred from eh version)

Summary

What This Bill Does

Amends ERISA to require retirement plan fiduciaries to base investment decisions solely on pecuniary (financial) factors. Prohibits subordinating participant interests to non-financial ESG goals.

Who Benefits and How

Retirement savers benefit from fiduciary focus on financial returns. Proponents argue workers' savings are protected from political considerations.

Who Bears the Burden and How

Plan fiduciaries face explicit restrictions on considering ESG factors. ESG investment strategies become harder to implement in ERISA plans.

Key Provisions

  • Investment decisions based only on pecuniary factors
  • Cannot sacrifice returns for non-pecuniary benefits
  • Non-pecuniary factors only as tiebreaker when returns equal
  • Must document use of any non-pecuniary factors
Model: claude-opus-4
Generated: Jan 9, 2026 18:56

Evidence Chain:

This summary is derived from the structured analysis below. See "Detailed Analysis" for per-title beneficiaries/burden bearers with clause-level evidence links.

Primary Purpose

Restricts ESG factors in ERISA retirement plan investments

Policy Domains

Retirement Investment ESG

Legislative Strategy

"Prioritize financial returns over ESG considerations in retirement plans"

Bill Structure & Actor Mappings

Who is "The Secretary" in each section?

Domains
Retirement Investment ESG

We use a combination of our own taxonomy and classification in addition to large language models to assess meaning and potential beneficiaries. High confidence means strong textual evidence. Always verify with the original bill text.

Learn more about our methodology