[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2869 Introduced in House (IH)]
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119th CONGRESS
1st Session
H. R. 2869
To amend the Employee Retirement Income Security Act of 1974 to require
that the Employee Benefit Security Administration make an annual report
to Congress on investigations.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
April 10, 2025
Mrs. McClain (for herself, Mr. Walberg, and Mr. Owens) introduced the
following bill; which was referred to the Committee on Education and
Workforce
_______________________________________________________________________
A BILL
To amend the Employee Retirement Income Security Act of 1974 to require
that the Employee Benefit Security Administration make an annual report
to Congress on investigations.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Employee Benefit Security
Administration Investigations Transparency Act'' or the ``EBSA
Investigations Transparency Act''.
SEC. 2. ANNUAL REPORT ON INVESTIGATIONS.
Section 504 of the Employee Retirement Income Security Act of 1974
(29 U.S.C. 1134) is amended by adding at the end the following:
``(f) Report on Investigations.--
``(1) In general.--Not later than December 31 of each year
following the date of enactment of this Act, the Secretary
shall submit to Congress a report on the status of cases in
enforcement status, including investigations that are active,
or in relation to which the Secretary asserted investigative
authority or engaged in targeted compliance monitoring, under
section 504(a), during the preceding fiscal year.
``(2) Contents.--
``(A) In general.--The report required under
subsection (a) shall include the following information
in relation to each investigation conducted under
section 504(a):
``(i) The regional or district office, or
any other office, of the Employee Benefit
Security Administration that opened the
investigation.
``(ii) The date the investigation was
opened.
``(iii) The date on which the Secretary
first requested documents from the target of
the investigation.
``(iv) In relation to the date on which the
Secretary first requested documents from the
target of the investigation in relation to such
investigation--
``(I) whether the investigation was
concluded within the 36-month period
beginning on the date of such request;
and
``(II) if such investigation has
not been concluded by the end of such
36-month period--
``(aa) information on why
such investigation has not been
concluded; and
``(bb) the estimated date
of conclusion.
``(B) Excluded information.--The report shall not
include information identifying any private party to
the investigation, including any plan sponsor,
fiduciary, service provider, employee, or participant.
``(C) Conclusion of investigations.--For the
purposes of paragraph (A)(iv), an investigation shall
not be considered concluded until the later of--
``(i) the date on which the Secretary
ceases to assert investigative authority in
relation to such investigation; or
``(ii) if applicable, terminates any
targeted compliance monitoring,
in each case as memorialized in a closing letter
delivered to the target of the investigation or the
party subject to compliance monitoring. In the event
that the issues or topics under investigation change
during the course of an investigation, the Secretary's
continuing assertion of authority under section 504
shall be treated as a continuing investigation and not
as a separate investigation.''.
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