This joint resolution nullifies a Department of Labor rule concerning the fiduciary duties with respect to employee benefit plans.
Under the rule issued on December 1, 2022, plan fiduciaries may consider climate change and other environmental, social, and governance factors when they make investment decisions and when they exercise shareholder rights, including voting on shareholder resolutions and board nominations.
[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.J. Res. 30 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. J. RES. 30
Providing for congressional disapproval under chapter 8 of title 5,
United States Code, of the rule submitted by the Department of Labor
relating to ``Prudence and Loyalty in Selecting Plan Investments and
Exercising Shareholder Rights''.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
February 7, 2023
Mr. Barr (for himself, Mr. Newhouse, Mr. Finstad, Mr. Biggs, Mr. Steil,
Mr. Posey, Mr. Duncan, Mr. Reschenthaler, Mr. Allen, Mr. Hill, Mr.
Murphy, Mr. Huizenga, Mr. Meuser, Mrs. Rodgers of Washington, Mr.
Luetkemeyer, Mr. Rose, Mr. Wenstrup, Ms. Foxx, Mr. LaTurner, Mr.
Mooney, Mr. Bishop of North Carolina, Mr. Roy, Mr. Emmer, Mr. Ogles,
Mr. Sessions, Mr. Davidson, Mr. Owens, Mr. Fitzgerald, Mr. Loudermilk,
Ms. Van Duyne, Mr. Crawford, Mr. Weber of Texas, Mr. Tiffany, Mr.
Stewart, Mr. Williams of Texas, Mr. Rutherford, Mr. Baird, Mr. Guest,
Mr. Gooden of Texas, Mr. Arrington, Mr. Donalds, Mr. Nunn of Iowa, Mrs.
Houchin, Mr. Zinke, Mr. Norman, Mrs. Wagner, Mr. Flood, Mrs. Cammack,
Mr. Perry, Mr. Mann, Mr. Austin Scott of Georgia, Mr. Burchett, Mrs.
Miller of West Virginia, Mr. Pfluger, Mr. Crenshaw, Mr. Lawler, Mr.
McClintock, Mr. Ezell, Mr. Balderson, Mrs. Miller of Illinois, Mr.
Moolenaar, Mr. DesJarlais, Mr. Scalise, Mr. Kustoff, Mr. Johnson of
Louisiana, Mrs. Miller-Meeks, Mr. Good of Virginia, Mr. Joyce of Ohio,
Mr. Armstrong, Mr. Moore of Utah, Mr. Aderholt, Mr. Carter of Georgia,
Mr. Johnson of South Dakota, Ms. Stefanik, and Mr. Palmer) submitted
the following joint resolution; which was referred to the Committee on
Education and the Workforce
_______________________________________________________________________
JOINT RESOLUTION
Providing for congressional disapproval under chapter 8 of title 5,
United States Code, of the rule submitted by the Department of Labor
relating to ``Prudence and Loyalty in Selecting Plan Investments and
Exercising Shareholder Rights''.
Resolved by the Senate and House of Representatives of the United
States of America in Congress assembled, That Congress disapproves the
rule submitted by the Department of Labor relating to ``Prudence and
Loyalty in Selecting Plan Investments and Exercising Shareholder
Rights'' (87 Fed. Reg. 73822 (December 1, 2022)), and such rule shall
have no force or effect.
<all>
Received in the Senate, read twice.
Measure laid before Senate by unanimous consent. (consideration: CR S550-556)
Passed/agreed to in Senate: Passed Senate without amendment by Yea-Nay Vote. 50 - 46. Record Vote Number: 35.
Roll Call #35 (Senate)Passed Senate without amendment by Yea-Nay Vote. 50 - 46. Record Vote Number: 35.
Roll Call #35 (Senate)Message on Senate action sent to the House.
Presented to President.
Presented to President.
Vetoed by President.
Vetoed by President.
The Chair laid before the House the veto message from the President. (text: CR H1299-1300)
The Chair announced that the objections of the President to H.J. Res. 30 would be spread at large upon the Journal and the veto message would be printed as a House Document (118-18).
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POSTPONED CONSIDERATION OF VETO MESSAGE - The Chair announced that pursuant to section 4 of H. Res. 199, further consideration of the veto message and the joint resolution will be postponed until Thursday, March 23, 2023.
The Chair laid before the House the veto message from the President.
DEBATE - Pursuant to section 4 of H. Res. 199, the unfinished business is the further consideration of the veto message of the President on H.J. Res. 30. The House proceeded with one hour of debate on the objections of the President to the contrary notwithstanding. (consideration: CR H1383-1386)
The previous question was ordered without objection.
Failed of passage in House over veto On passage, the objections of the President to the contrary notwithstanding Failed by the Yeas and Nays: (2/3 required): 219 - 200 (Roll no. 149).
Roll Call #149 (House)On passage, the objections of the President to the contrary notwithstanding Failed by the Yeas and Nays: (2/3 required): 219 - 200 (Roll no. 149).
Roll Call #149 (House)Motion to refer the bill and accompanying veto message to the Committee on Education and the Workforce.
On motion to refer the bill and the accompanying veto message to the Committee on Education and the Workforce. Agreed to without objection.
The Chair directed the Clerk to notify the Senate of the action of the House.