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H. Rept. 118-226 1 (2023-09-26)

handle is hein.congrecreports/crptxafrn0001 and id is 1 raw text is: AUTHENTICATED
U.GOVERNMENT
INFORMATION .














                     118TH CONGRESS                                          REPORT
                        1st Session    HOUSE   OF  REPRESENTATIVES           118-226







                             NO   DISCRIMINATION IN MY BENEFITS ACT



                       SEPTEMBER 26, 2023.-Committed to the Committee of the Whole House on the
                                     State of the Union and ordered to be printed



                      Ms.  Foxx, from  the Committee  on Education  and  the Workforce,
                                           submitted  the following


                                              R  E   P  O  R  T

                                                together with

                                             MINORITY VIEWS

                                             [To accompany H.R. 5338]

                               [Including cost estimate of the Congressional Budget Office]

                       The  Committee   on Education  and  the  Workforce, to whom was
                     referred the bill (H.R. 5338) to amend the Employee  Retirement   In-
                     come  Security Act  of 1974  to establish that fiduciaries must  act
                     with prudence  and loyalty when  selecting service providers for pen-
                     sion plans, having  considered the same,  reports favorably  thereon
                     with an  amendment   and  recommends that the bill   as amended   do
                     pass.
                       The amendment is   as follows:
                       Strike all after the enacting clause and insert the following:

                     SECTION 1. SHORT TITLE.
                     This Act may be cited as the No Discrimination in My Benefits Act.
                     SEC. 2. SERVICE PROVIDER SELECTION.
                     Section 404(a)(1) of the Employee Retirement Income Security Act of 1974 (29
                     U.S.C. 1104(a)(1)) is amended-
                          (1) in subparagraph (C), by striking and;
                          (2) in subparagraph (D), by striking the period at the end and inserting
                        and; and
                          (3) by adding at the end the following new subparagraph:
                          (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..


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