HR 10702 — 119th Congress

Workers’ Retirement Savings Protection Act of 2026

Introduced Oct 1, 2026 Open for voting
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Regulatory or Legal Changes Top 2

Expanded Fiduciary Duty for Retirement Investment Advisors

Expands who must act as a fiduciary under retirement law to include anyone who gives personalized investment advice for pay to retirement plans or individual accounts, covering rollovers, distributions, and investment strategy recommendations.

  • Population Scope High Tens of millions of retirement savers hold IRAs or participate in employer plans advised by compensated professionals, placing the directly affected population well above 25% of U.S. adults.
  • Budgetary Magnitude Low The provision neither authorizes nor appropriates any federal funds.
  • Legal / Regulatory Depth High Creates a new statutory fiduciary mandate binding all compensated retirement investment advisors, a substantive legal duty enforceable under ERISA that did not previously exist in statute.
  • Degree of Discretion Granted Low The statutory text is self-executing with fixed definitions; no agency rulemaking authority or 'may' discretion is delegated to implement the fiduciary expansion.
  • Implementation & Enforcement Burden High Subjects a large, previously exempt class of advisors to affirmative ERISA fiduciary compliance obligations, generating recurring case-by-case enforcement exposure across a broad industry.
  • Temporal Commitment High Amends ERISA's permanent statutory text with no expiry or reauthorization trigger, binding future actors indefinitely unless Congress acts to repeal it.
No signal yet

Regulatory or Legal Changes Top 2

Invalidation of Prior Fiduciary Regulation

Immediately voids the existing federal regulation that defined who counts as a retirement investment fiduciary, removing the regulatory framework that had limited fiduciary duties for many advisors.

  • Population Scope Medium Directly eliminates the regulatory safe harbor relied on by broker-dealers, insurance agents, and other advisors who used the five-part test to avoid fiduciary status — a sizeable but bounded industry population, not the general public.
  • Budgetary Magnitude Low Same as above.
  • Legal / Regulatory Depth Medium Repeals an existing regulatory definition rather than creating new substantive law; its practical effect is largely realized through Component 0's statutory expansion, making this a constraint on existing regulatory discretion rather than an independent new mandate.
  • Degree of Discretion Granted Low The provision removes an existing rule with no new delegation of agency authority or rulemaking discretion.
  • Implementation & Enforcement Burden Medium Eliminates the regulatory escape route advisors used to avoid fiduciary classification, increasing compliance exposure for the affected industry class without itself establishing new enforcement infrastructure.
  • Temporal Commitment High Renders 29 C.F.R. § 2510.3-21(c) permanently void with no expiry, forcing the prior regulation to remain nullified unless Congress or the Department of Labor (DOL) acts affirmatively to restore it.
No signal yet

No possible riders have been surfaced for this bill.

Summary

This bill would require financial advisors who give retirement investment advice for pay to act as fiduciaries — meaning they must put their clients' interests first. It amends the Employee Retirement Income Security Act (ERISA) to broaden who counts as a fiduciary, covering advice on buying, selling, rolling over, or managing retirement investments. It also voids a federal regulation that previously narrowed this definition.

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Version Event Date User support Your vote Roll calls
Original
Initial publication
Oct 1, 2026
Oct 1, 2026 No votes yet — —

Regulatory or Legal Changes Top 2

Expanded Fiduciary Duty for Retirement Investment Advisors

Expands who must act as a fiduciary under retirement law to include anyone who gives personalized investment advice for pay to retirement plans or individual accounts, covering rollovers, distributions, and investment strategy recommendations.

  • Population Scope High Tens of millions of retirement savers hold IRAs or participate in employer plans advised by compensated professionals, placing the directly affected population well above 25% of U.S. adults.
  • Budgetary Magnitude Low The provision neither authorizes nor appropriates any federal funds.
  • Legal / Regulatory Depth High Creates a new statutory fiduciary mandate binding all compensated retirement investment advisors, a substantive legal duty enforceable under ERISA that did not previously exist in statute.
  • Degree of Discretion Granted Low The statutory text is self-executing with fixed definitions; no agency rulemaking authority or 'may' discretion is delegated to implement the fiduciary expansion.
  • Implementation & Enforcement Burden High Subjects a large, previously exempt class of advisors to affirmative ERISA fiduciary compliance obligations, generating recurring case-by-case enforcement exposure across a broad industry.
  • Temporal Commitment High Amends ERISA's permanent statutory text with no expiry or reauthorization trigger, binding future actors indefinitely unless Congress acts to repeal it.
No signal yet

Regulatory or Legal Changes

Expanded Fiduciary Duty for Retirement Investment Advisors

Regulatory or Legal Changes Top 2

Invalidation of Prior Fiduciary Regulation

Immediately voids the existing federal regulation that defined who counts as a retirement investment fiduciary, removing the regulatory framework that had limited fiduciary duties for many advisors.

  • Population Scope Medium Directly eliminates the regulatory safe harbor relied on by broker-dealers, insurance agents, and other advisors who used the five-part test to avoid fiduciary status — a sizeable but bounded industry population, not the general public.
  • Budgetary Magnitude Low Same as above.
  • Legal / Regulatory Depth Medium Repeals an existing regulatory definition rather than creating new substantive law; its practical effect is largely realized through Component 0's statutory expansion, making this a constraint on existing regulatory discretion rather than an independent new mandate.
  • Degree of Discretion Granted Low The provision removes an existing rule with no new delegation of agency authority or rulemaking discretion.
  • Implementation & Enforcement Burden Medium Eliminates the regulatory escape route advisors used to avoid fiduciary classification, increasing compliance exposure for the affected industry class without itself establishing new enforcement infrastructure.
  • Temporal Commitment High Renders 29 C.F.R. § 2510.3-21(c) permanently void with no expiry, forcing the prior regulation to remain nullified unless Congress or the Department of Labor (DOL) acts affirmatively to restore it.
No signal yet

Regulatory or Legal Changes

Invalidation of Prior Fiduciary Regulation