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B-332722 1 (2020-11-24)

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GAOU.S. GOVERNMENT ACCOUNTABILITY OFFICE
441 G St. N.W.
Washington,  DC  20548


B-332722

November  24, 2020

The Honorable Lamar Alexander
Chairman
The Honorable Patty Murray
Ranking Member
Committee on Health, Education, Labor, and Pensions
United States Senate

The Honorable Robert C. Bobby Scott
Chairman
The Honorable Virginia Foxx
Ranking Member
Committee on Education and Labor
House of Representatives

Subject: Department of Labor, Employee Benefits Security Administration: Financial Factors in Selecting
        Plan Investments

Pursuant to section 801(a)(2)(A) of title 5, United States Code, this is our report on a major rule
promulgated by the Department of Labor, Employee Benefits Security Administration (EBSA) entitled
Financial Factors in Selecting Plan Investments (RIN: 1210-AB95). We received the rule on
November  13, 2020. It was published in the Federal Register as a final rule on November 13, 2020.
85 Fed. Reg. 72846. The final rule has an effective date of January 12, 2021.

By this final rule, EBSA states it is adopting amendments to the investment duties regulation under
title I of the Employee Retirement Income Security Act of 1974, as amended. 29 U.S.C. ch. 18.
According to EBSA, the amendments require plan fiduciaries to select investments and investment
courses of action based solely on financial considerations relevant to the risk-adjusted economic value of
a particular investment or investment course of action.

Enclosed is our assessment of EBSA's compliance with the procedural steps required by
section 801(a)(1)(B)(i) through (iv) of title 5 with respect to the rule. If you have any questions about this
report or wish to contact GAO officials responsible for the evaluation work relating to the subject matter of
the rule, please contact Shari Brewster, Assistant General Counsel, at (202) 512-6398.






Shirley A. Jones
Managing Associate General Counsel

Enclosure

cc:    Jeanne  Klinefelter Wilson
       Acting Secretary, Employee Benefits
       Security Administration
       Department of Labor

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