The Ensuring Sound Guidance Act would require investment advisors and retirement fund sponsors to consider maximum financial returns when making investment decisions on behalf of their client.
Will require investment advisors and retirement fund sponsors to consider maximum financial returns when making investment decisions.
Occurrences
Evidence
Sponsor: Rep. Barr, Andy [R-KY-6] (Introduced 03/18/2022). Latest Action: House - 03/18/2022 Referred to committees. This bill has the status Introduced.
The bill would specify that only pecuniary factors are to be taken into account in determining best interest. It states that an investment adviser's customer's best interest shall be determined using only pecuniary factors, unless requested otherwise, and that ERISA fiduciary action must be based only on pecuniary factors.
Sponsor: Rep. Barr, Andy [R-KY-6] (Introduced 02/07/2023). The measure passed the House 216-204 and Senate 50-46, was vetoed by the President on 03/20/2023, and failed to pass over veto in the House 219-200 on 03/23/2023. Status: Failed to pass over veto.
The joint resolution nullifies a Department of Labor rule concerning fiduciary duties with respect to employee benefit plans. Under the rule, plan fiduciaries may consider climate change and other environmental, social, and governance factors when making investment decisions and exercising shareholder rights.
Roll Call 124, Bill Number H.J.Res.30. Vote Question: On Passage. Status: Passed. Yeas 216, nays 204. Barr, Republican, Kentucky, voted Yea.
Roll Call 149, Bill Number H.J.Res.30. Vote Question: Passage, Objections of the President To The Contrary Notwithstanding. Vote Type: 2/3 Yea-And-Nay. Status: Failed. Yeas 219, nays 200. Barr voted Yea.
The Department of Labor final rule says risk and return factors may include the economic effects of climate change and other ESG factors, and that the current regulation's reliance on pecuniary-only terminology is rescinded.
H.R.2988 passed the House on 01/15/2026 by 213-205 and was received in the Senate on 01/26/2026, read twice, and referred to the Committee on Health, Education, Labor, and Pensions. Status: Passed House.
The bill generally requires a plan fiduciary to make investment decisions based solely on pecuniary factors and allows nonpecuniary factors in limited situations. It also addresses shareholder rights and participant notices.
Assessments
Barr made serious federal legislative efforts matching the promise, including sponsoring H.R.7151 and H.J.Res.30 and voting for passage and veto override. However, the directly matching bill did not advance beyond introduction, H.J.Res.30 was vetoed and failed to become law, and the later related retirement-plan bill had only passed the House and did not cover the full investment-adviser plus retirement-sponsor promise. The promised requirement was therefore not delivered, though Barr merits an effort badge for substantial legislative attempts.