HR 2869119th CongressIntroduced

EBSA Investigations Transparency Act

Introduced: Apr 10, 2025

Labor & Employment

Standard Summary

Comprehensive overview in 1-2 paragraphs

The EBSA Investigations Transparency Act would require the Employee Benefit Security Administration (EBSA) to annually report to Congress on the status of its investigations under ERISA Section 504(a). The report, due by December 31 each year for the preceding fiscal year, would cover active investigations or those where EBSA asserted investigative authority or engaged in targeted compliance monitoring. For each investigation, the report would list the office that opened it, when it opened, when documents were first requested, whether it was concluded within a 36-month window, and, if not concluded, the reasons and an estimated completion date. The bill also requires redacting identifying information about private parties involved and defines “concluded” to mean the closing letter or cessation of authority, with ongoing investigations treated as continuous if topics change. The act is titled the EBSA Investigations Transparency Act.

Key Points

1Scope of reporting: Requires an annual Congress-facing report on the status of EBSA investigations under Section 504(a), including active cases and those where EBSA asserted authority or engaged in targeted compliance monitoring, for the preceding fiscal year.
2Data elements for each investigation: Office of origin, investigation opening date, date documents were first requested, and, if applicable, whether the investigation was concluded within 36 months or, if not, the reasons and an estimated date of conclusion.
3Privacy protections: The report must exclude information identifying any private party (e.g., plan sponsor, fiduciary, service provider, employee, or participant).
4Definition of conclusion: An investigation is considered concluded when EBSA ceases to assert investigative authority or, if applicable, ends targeted compliance monitoring as reflected in a closing letter. If issues change during the investigation, it remains one ongoing investigation rather than multiple.
5Timing and coverage: The annual report is due no later than December 31 each year, covering the preceding fiscal year, following enactment.

Impact Areas

Primary group/area affected- EBSA and the Department of Labor: Administrative burden to collect, compile, and submit the annual investigations report; increased transparency to Congress about enforcement activity.Secondary group/area affected- Plan sponsors, fiduciaries, service providers, employees, and participants: Indirectly affected by greater visibility into EBSA enforcement activity, though identifying information about private parties is protected in the report.Additional impacts- Policy and accountability: Greater congressional oversight of EBSA investigations, potentially influencing enforcement strategies and prioritization.- Privacy and compliance considerations: By redacting private-party information, the bill balances transparency with privacy; but public or congressional access to investigation status could raise concerns among regulated entities about timing and nature of scrutiny.- Administrative burden: EBSA must maintain ongoing records on investigations to meet annual reporting requirements, which could affect workload and resource allocation.

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