EBSA Investigations Transparency Act

Bill Number

H.R. 2869

Origin Chamber

House

Congress

119th Congress, Session 1

Policy Area

Labor and Employment

Status

Introduced

Latest Action

2026-02-10: Placed on the Union Calendar, Calendar No. 418.

Last Updated

2026-06-11T23:26:36Z

AI-Generated Summary

Purpose

The legislation, titled the "Employee Benefit Security Administration Investigations Transparency Act" (or "EBSA Investigations Transparency Act"), aims to increase transparency and accountability in how the Employee Benefit Security Administration (EBSA)—a part of the U.S. Department of Labor—handles investigations related to employee benefit plans. It requires EBSA to report annually to Congress on the status and timelines of its enforcement activities under the Employee Retirement Income Security Act of 1974 (ERISA), which protects workers' retirement and health benefits.

Key Provisions

• Annual Reporting Requirement: Starting December 31 of the year following enactment, the Secretary of Labor must submit a report to Congress each year. The report covers active investigations, cases where investigative authority was asserted, or targeted compliance monitoring (ongoing checks to ensure rule-following) conducted during the previous fiscal year under ERISA's enforcement section.
• Report Contents:
• For each investigation: The EBSA office (e.g., regional or district) that initiated it; the date it was opened; and the date the Secretary first requested documents from the target.
• Timeline details relative to the document request date: Whether the investigation ended within 36 months; if not, an explanation for the delay and an estimated completion date.
• Privacy Protections: The report excludes any identifying information about private parties involved, such as plan sponsors (entities managing benefit plans), fiduciaries (those responsible for managing plan assets), service providers, employees, or participants.
• Definition of Investigation Conclusion: An investigation is considered complete only after the later of: (1) the Secretary stops asserting investigative authority, or (2) any compliance monitoring ends, both confirmed by a formal closing letter to the target. If the focus of an investigation shifts during its course, it is treated as a continuation of the original case, not a new one.

Significant Changes to Existing Law

• This amends Section 504 of ERISA (29 U.S.C. 1134) by adding a new subsection (f), which introduces a mandatory annual reporting obligation. Previously, ERISA required civil enforcement actions and information gathering but did not mandate detailed, aggregated reporting on investigation statuses or timelines to Congress. The 36-month benchmark for tracking delays is a new accountability measure.

Potential Impacts

• On Government Agencies: EBSA and the Department of Labor will face increased administrative burdens to compile and anonymize data for annual reports, potentially encouraging more efficient investigation processes to meet the 36-month guideline and avoid highlighting delays.
• On Citizens: Indirect benefits for workers and retirees covered by ERISA plans, as greater transparency could lead to improved oversight of benefit plan enforcement, potentially reducing mismanagement or fraud in retirement and health benefits. No direct effects on individual rights or daily life.
• On International Relations: None apparent, as the bill focuses solely on domestic U.S. employee benefits regulation.

Main Stakeholders Affected

• Primary: The Department of Labor (specifically EBSA) as the entity required to produce reports; Congress, which gains detailed oversight tools for monitoring enforcement.
• Secondary: Employee benefit plan sponsors, fiduciaries, and service providers (e.g., companies managing 401(k) plans or health benefits), whose activities are investigated but protected from identification in reports. Participants in these plans (workers and retirees) may benefit indirectly from stronger accountability.

Notable Legal, Constitutional, or Political Implications

• Legal: Reinforces ERISA's enforcement framework by promoting timely investigations without altering core investigative powers. The anonymization clause balances transparency with privacy protections under laws like the Privacy Act, avoiding disclosure of sensitive business or personal data.
• Constitutional: No significant issues; it enhances congressional oversight of executive branch activities (a standard legislative function) without infringing on due process or separation of powers.
• Political: Could foster bipartisan support for worker protections by providing data-driven insights into enforcement efficiency, potentially pressuring agencies to address backlogs. It introduces a mechanism for public accountability without mandating policy changes, keeping the focus on procedural improvements.

This summary was generated by AI and may contain inaccuracies. Refer to the official source document for the authoritative text.

Sponsor

Rep. McClain, Lisa C. [R-MI-9]

Cosponsors (3)

Rep. Walberg, Tim [R-MI-5], Rep. Owens, Burgess [R-UT-4], Rep. Miller-Meeks, Mariannette [R-IA-1]

Recent Actions

• 2026-02-10: Placed on the Union Calendar, Calendar No. 418.
• 2026-02-10: Reported (Amended) by the Committee on Education and Workforce. H. Rept. 119-491.
• 2026-02-10: Reported (Amended) by the Committee on Education and Workforce. H. Rept. 119-491.
• 2025-09-17: Ordered to be Reported (Amended) by the Yeas and Nays: 19 - 16.
• 2025-09-17: Committee Consideration and Mark-up Session Held
• 2025-04-10: Referred to the House Committee on Education and Workforce.
• 2025-04-10: Introduced in House
• 2025-04-10: Introduced in House

Bill Versions

• Employee Benefit Security Administration Investigations Transparency Act — issued 2025-04-10 — PDF (4 pages)
• Employee Benefit Security Administration Investigations Transparency Act — issued 2026-02-10 — PDF (6 pages)