WHAT THE LAW DOINCongress, in plain words

H.R. 2988 · 119th Congress

Protecting Prudent Investment of Retirement Savings Act

Passed HouseLabor and Employment
IntroducedApr 24, 2025
Passed HouseJan 15, 2026
Passed SenateNot yet
To PresidentNot yet
Became lawNot yet

Where it stands

Passed House. Latest step, Jan 26, 2026: Received in the Senate and Read twice and referred to the Committee on Health, Education, Labor, and Pensions. The House passed it 213–205. All 4 of Iowa's representatives voted yes in the House. It would change 2 sections of existing law and would add 1 new provisions of its own.

How this bill changes the law

Sourced

H.R. 2988 would change 2 sections of existing law, and would create 1 new provision of its own. Read from the bill text as sent to the Senate (Jan 26, 2026).

29 U.S.C. 1104 Fiduciary duties

  • (a) Prudent man standard of care added to · Sec. 1002(a), Sec. 2002(1), Sec. 2002(2), Sec. 2002(3) · see the words
  • (c) Control over assets by participant or beneficiary added to · Sec. 4002(a) · see the words
  • (f) new · Sec. 3002(a) · see the words

29 U.S.C. 1002 Definitions

New provisions of the bill's own

  • Sec. 4003 GAO study of brokerage accounts
What the words would change: every change, in place (7)

Today's wording of each part of the law, with what would be struck out and added. Each change also gives the bill's own instruction, word for word.

  1. 29 U.S.C. 1104(a)added (3)by H.R. 2988 Sec. 1002(a)

    (3) Interest based on pecuniary factors.—(A) In general.— For purposes of paragraph (1), a fiduciary shall be considered to act solely in the interest of the participants and beneficiaries of the plan with respect to an investment or investment course of action only if the fiduciary’s action with respect to such investment or investment course of action is based solely on pecuniary factors (except as provided in subparagraph (B)). The fiduciary may not subordinate the interests of the participants and beneficiaries in their retirement income or financial benefits under the plan to other objectives and may not sacrifice investment return or take on additional investment risk to promote non-pecuniary benefits or goals. The weight given to any pecuniary factor by a fiduciary shall reflect a prudent assessment of the impact of such factor on risk and return.(B) Use of non-pecuniary factors for investment alternatives.— Notwithstanding paragraph (A), if a fiduciary is unable to distinguish between or among investment alternatives or investment courses of action on the basis of pecuniary factors alone, the fiduciary may use non-pecuniary factors as the deciding factor if the fiduciary documents—(i) why pecuniary factors were not sufficient to select a plan investment or investment course of action;(ii) how the selected investment compares to the alternative investments with regard to the composition of the portfolio with regard to diversification, the liquidity and current return of the portfolio relative to the anticipated cash flow requirements of the plan, and the projected return of the portfolio relative to the funding objectives of the plan; and(iii) how the selected non-pecuniary factor or factors are consistent with the interests of the participants and beneficiaries in their retirement income or financial benefits under the plan.(C) Investment alternatives for participant-directed individual account plans.— In selecting or retaining investment options for a pension plan described in subsection (c)(1)(A), a fiduciary is not prohibited from considering, selecting, or retaining an investment option on the basis that such investment option promotes, seeks, or supports one or more non-pecuniary benefits or goals, if—(i) the fiduciary satisfies the requirements of paragraph (1) and subparagraphs (A) and (B) of this paragraph in selecting or retaining any such investment option; and(ii) such investment option is not added or retained as, or included as a component of, a default investment under subsection (c)(5) (or any other default investment alternative) if its investment objectives or goals or its principal investment strategies include, consider, or indicate the use of one or more non-pecuniary factors.(D) Definitions.— For the purposes of this paragraph:(i) The term "pecuniary factor" means a factor that a fiduciary prudently determines is expected to have a material effect on the risk or return of an investment based on appropriate investment horizons consistent with the plan’s investment objectives and the funding policy established pursuant to section 402(b)(1).(ii) The term "investment course of action" means any series or program of investments or actions related to a fiduciary's performance of the fiduciary's investment duties, and includes the selection of an investment fund as a plan investment, or in the case of an individual account plan, a designated investment alternative under the plan.

    The bill says: Section 404(a) of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1104(a)) is amended by adding at the end the following:

  2. 29 U.S.C. 1104(a)(1)(C)changedby H.R. 2988 Sec. 2002(1)

    (C) by diversifying the investments of the plan so as to minimize the risk of large losses, unless under the circumstances it is clearly prudent not to do so; and

    The bill says: in subparagraph (C), by striking "and";

  3. 29 U.S.C. 1104(a)(1)(D)changedby H.R. 2988 Sec. 2002(2)

    (D) in accordance with the documents and instruments governing the plan insofar as such documents and instruments are consistent with the provisions of this subchapter and subchapter III.; and

    The bill says: in subparagraph (D), by striking the period at the end and inserting "; and"; and

  4. 29 U.S.C. 1104(a)(1)added (E)by H.R. 2988 Sec. 2002(3)

    (E) by selecting, monitoring, and retaining any fiduciary, counsel, employee, or service provider of the plan—(i) in accordance with subparagraphs (A) and (B); and(ii) without regard to race, color, religion, sex, or national origin.

    The bill says: by adding at the end the following new subparagraph:

  5. 29 U.S.C. 1104added (f)by H.R. 2988 Sec. 3002(a)

    (f) Exercise of shareholder rights.—(1) Authority to exercise shareholder rights.—(A) In general.— The fiduciary duty to manage plan assets that are shares of stock includes the management of shareholder rights appurtenant to those shares, including the right to vote proxies. When deciding whether to exercise a shareholder right and in exercising such right, including the voting of proxies, a fiduciary must act prudently and solely in the interests of participants and beneficiaries and for the exclusive purpose of providing benefits to participants and beneficiaries and defraying the reasonable expenses of administering the plan. The fiduciary duty to manage shareholder rights appurtenant to shares of stock does not require the voting of every proxy or the exercise of every shareholder right.(B) Exception.— This subsection shall not apply to voting, tender, and similar rights with respect to qualifying employer securities or securities held in an investment arrangement that is not a designated investment alternative in the event such rights are passed through pursuant to the terms of an individual account plan to participants and beneficiaries with accounts holding such securities.(2) Requirements for exercise of shareholder rights.— A fiduciary, when deciding whether to exercise a shareholder right and when exercising a shareholder right—(A) shall—(i) act solely in accordance with the economic interest of the plan and its participants and beneficiaries;(ii) consider any costs involved;(iii) evaluate material facts that form the basis for any particular proxy vote or exercise of shareholder rights; and(iv) maintain a record of any proxy vote, proxy voting activity, or other exercise of a shareholder right, including any attempt to influence management; and(B) shall not subordinate the interests of participants and beneficiaries in their retirement income or financial benefits under the plan to any non-pecuniary objective, or promote non-pecuniary benefits or goals unrelated to those financial interests of the plan’s participants and beneficiaries.(3) Monitoring.— A fiduciary shall exercise prudence and diligence in the selection and monitoring of a person, if any, selected to advise or otherwise assist with the exercise of shareholder rights, including by providing research and analysis, recommendations on exercise of proxy voting or other shareholder rights, administrative services with respect to voting proxies, and recordkeeping and reporting services.(4) Investment managers and proxy advisory firms.— Where the authority to vote proxies or exercise other shareholder rights has been delegated to an investment manager pursuant to section 403(a), or a proxy voting advisory firm or other person who performs advisory services as to the voting of proxies or the exercise of other shareholder rights, a responsible plan fiduciary shall prudently monitor the proxy voting activities of such investment manager or advisory firm and determine whether such activities are in compliance with paragraphs (1) and (2).(5) Voting policies.—(A) In general.— In deciding whether to vote a proxy pursuant to this subsection, the plan fiduciary may adopt a proxy voting policy, including a safe harbor proxy voting policy described in subparagraph (B), providing that the authority to vote a proxy shall be exercised pursuant to specific parameters designed to serve the economic interest of the plan.(B) Safe harbor voting policy.— With respect to a decision not to vote a proxy, a fiduciary shall satisfy the fiduciary responsibilities under this subsection if such fiduciary adopts and follows a safe harbor proxy voting policy that—(i) limits voting resources to particular types of proposals that the fiduciary has prudently determined are substantially related to the business activities of the issuer or are expected to have a material effect on the value of the plan investment; or(ii) establishes that the fiduciary will refrain from voting on proposals or particular types of proposals when the assets of a plan invested in the issuer relative to the total assets of such plan are below 5 percent (or, in the event such assets are under management, when the assets under management invested in the issuer are below 5 percent of the total assets under management).(C) Exception.— No proxy voting policy adopted pursuant to this paragraph shall preclude a fiduciary from submitting a proxy vote when the fiduciary determines that the matter being voted on is expected to have a material economic effect on the investment performance of a plan’s portfolio (or the investment performance of assets under management in the case of an investment manager); provided, however, that in all cases compliance with a safe harbor voting policy shall be presumed to satisfy fiduciary responsibilities with respect to decisions not to vote.(6) Review.— A fiduciary shall periodically review any policy adopted under this subsection.

    The bill says: Section 404 of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1104) is amended by adding at the end the following new subsection:

  6. 29 U.S.C. 1104(c)added (7)by H.R. 2988 Sec. 4002(a)

    (7) Notice requirements for brokerage windows.—(A) In general.— In the case of a pension plan which provides for individual accounts and which provides a participant or beneficiary the opportunity to choose from designated investment alternatives, a participant or beneficiary shall not be treated as exercising control over assets in the account of the participant or beneficiary unless, with respect to any investment arrangement that is not a designated investment alternative, each time before such a participant or beneficiary directs an investment into, out of, or within such investment arrangement, such participant is notified of, and acknowledges, each element of the notice described under paragraph (B).(B) Notice.— The notice described under this paragraph is a four part information that is substantially similar to the following information:1. Your retirement plan offers designated investment alternatives prudently selected and monitored by fiduciaries for the purpose of enabling you to construct an appropriate retirement savings portfolio. In selecting and monitoring designated investment alternatives, your plan’s fiduciary considers the risk of loss and the opportunity for gain (or other return) compared with reasonably available investment alternatives.2. The investments available through this investment arrangement are not designated investment alternatives, and have not been prudently selected and are not monitored by a plan fiduciary.3. Depending on the investments you select through this investment arrangement, you may experience diminished returns, higher fees, and higher risk than if you select from the plan’s designated investment alternatives.4. The following is a hypothetical illustration of the impact of return at 4 percent, 6 percent, and 8 percent on your account balance projected to age 67.(C) Illustration.— The notice described under paragraph (B) shall also include a graph displaying the projected retirement balances of such participant or beneficiary at age 67 if the account of such individual were to achieve an annual return equal to each of the following:(i) 4 percent.(ii) 6 percent.(iii) 8 percent.

    The bill says: Section 404(c) of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1104(c)) is amended by adding at the end the following new paragraph:

  7. 29 U.S.C. 1002added (46)by H.R. 2988 Sec. 4002(b)

    (46) Designated investment alternative.—(A) In general.— The term designated investment alternative means any investment alternative designated by a responsible fiduciary of an individual account plan described in subsection 404(c) into which participants and beneficiaries may direct the investment of assets held in, or contributed to, their individual accounts.(B) Exception.— The term designated investment alternative does not include brokerage windows, self-directed brokerage accounts, or similar plan arrangements that enable participants and beneficiaries to select investments beyond those designated by a responsible plan fiduciary.

    The bill says: Section 3 of such Act (29 U.S.C. 1002) is amended by adding at the end the following new paragraph:

From the bill's official text on GovInfo and the U.S. Code, 2024 edition, which may not yet show changes made since.

What it does

Sourced

Protecting Prudent Investment of Retirement Savings Act

This bill modifies the requirements for fiduciaries of employer-sponsored retirement plans.

First, the bill generally requires a plan fiduciary to make investment decisions based solely on pecuniary factors (i.e., factors that a fiduciary prudently determines are expected to have a material effect on the risk or return of an investment based on appropriate investment horizons consistent with the plan's policies and objectives).

The bill allows nonpecuniary factors to be considered in certain situations, such as when selecting investment options for certain participant-directed retirement plans or if the fiduciary is unable to distinguish between investment alternatives on the basis of pecuniary factors alone.

The bill also prohibits a plan fiduciary from discriminating when selecting, monitoring, and retaining any fiduciary, counsel, employee, or service provider of the plan.

The bill requires a plan fiduciary to act solely and prudently in accordance with the interests of the plan's participants and beneficiaries when exercising a shareholder right (e.g., voting of proxies). However, the fiduciary duty to manage shareholder rights does not require the voting of every proxy or the exercise of every shareholder right.

Finally, the bill requires a plan fiduciary to provide specified notices with respect to a pension plan that provides a participant or beneficiary the opportunity to select from designated investment alternatives.

Official summary by the Congressional Research Service (Reported to House, Dec 30, 2025).

Our plain-language breakdown, with what it means for you and the case for and against, is written once a bill starts to move.

What has happened

Sourced
  1. Jan 26, 2026Received in the Senate and Read twice and referred to the Committee on Health, Education, Labor, and Pensions.Senate
  2. Jan 15, 2026Motion to reconsider laid on the table Agreed to without objection.House floor actions
  3. Jan 15, 2026On passage Passed by the Yeas and Nays: 213 - 205 (Roll no. 31). Roll call recordHouse floor actions
  4. Jan 15, 2026Passed/agreed to in House: On passage Passed by the Yeas and Nays: 213 - 205 (Roll no. 31). Roll call recordLibrary of Congress
  5. Jan 15, 2026On motion to recommit Failed by the Yeas and Nays: 206 - 210 (Roll no. 30). Roll call recordHouse floor actions
  6. Jan 15, 2026The previous question on the motion to recommit was ordered pursuant to clause 2(b) of rule XIX.House floor actions
  7. Jan 15, 2026Ms. Kaptur moved to recommit to the Committee on Education and Workforce. (text: CR H905)House floor actions
  8. Jan 15, 2026The previous question was ordered on the amendment and the bill pursuant to the rule.House floor actions
  9. Jan 15, 2026DEBATE - Pursuant to the provisions of H. Res. 988, the House proceeded with 10 minutes of debate on the Huizenga amendment No. 1.House floor actions
  10. Jan 15, 2026DEBATE - The House proceeded with one hour of debate on H.R. 2988.House floor actions
  11. Jan 15, 2026Rule provides for consideration of H.R. 2988, H.R. 2262, H.R. 2270, H.R. 2312 and H.R. 4366. The resolution provides for consideration of H.R. 2988 under a structured rule, and H.R. 2262, H.R. 2270, H.R. 2312, and H.R. 4366 under a closed rule. The rule provides for one hour of general debate and one motion to recommit on each bill.House floor actions
  12. Jan 15, 2026Considered under the provisions of rule H. Res. 988. (consideration: CR H897-907; text of amendment in the nature of a substitute: CR H897-899)House floor actions
  13. Jan 12, 2026Rules Committee Resolution H. Res. 988 Reported to House. Rule provides for consideration of H.R. 2988, H.R. 2262, H.R. 2270, H.R. 2312 and H.R. 4366. The resolution provides for consideration of H.R. 2988 under a structured rule, and H.R. 2262, H.R. 2270, H.R. 2312, and H.R. 4366 under a closed rule. The rule provides for one hour of general debate and one motion to recommit on each bill.House floor actions
  14. Dec 30, 2025Placed on the Union Calendar, Calendar No. 367.House floor actions
  15. Dec 30, 2025Reported (Amended) by the Committee on Education and Workforce. H. Rept. 119-421.House floor actions
  16. Dec 30, 2025Reported (Amended) by the Committee on Education and Workforce. H. Rept. 119-421.Library of Congress
  17. Jun 25, 2025Ordered to be Reported (Amended) by the Yeas and Nays: 21 - 15.House committee actions
  18. Jun 25, 2025Committee Consideration and Mark-up Session HeldHouse committee actions
  19. Apr 24, 2025Referred to the House Committee on Education and Workforce.House floor actions
  20. Apr 24, 2025Introduced in HouseLibrary of Congress
  21. Apr 24, 2025Introduced in HouseLibrary of Congress

Show key steps only

Recorded votes

Sourced
  1. Jan 15, 2026 · HousePassed 213–205
    On Passage · needed a majority
    R 210 yes, 0 noD 3 yes, 205 noEach member · Record
1 other recorded vote (procedure and amendments)
  1. Jan 15, 2026 · HouseFailed 206–210
    On Motion to Recommit · needed a majority
    R 0 yes, 209 noD 206 yes, 1 noEach member · Record