H.R. 2869

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2869 Reported in House (RH)]

<DOC>

Union Calendar No. 418
119th CONGRESS
2d Session
H. R. 2869

[Report No. 119-491]

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

February 10, 2026

Additional sponsor: Mrs. Miller-Meeks

February 10, 2026

Reported with an amendment, committed to the Committee of the Whole 
House on the State of the Union, and ordered to be printed
[Strike out all after the enacting clause and insert the part printed 
in italic]
[For text of introduced bill, see copy of bill as introduced on April 
10, 2025]

_______________________________________________________________________

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 
subsection (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 
subsection (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 subparagraph (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 this section 
shall be treated as a continuing investigation and not 
as a separate investigation.''.
Union Calendar No. 418

119th CONGRESS

2d Session

H. R. 2869

[Report No. 119-491]

_______________________________________________________________________

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.

_______________________________________________________________________

February 10, 2026

Reported with an amendment, committed to the Committee of the Whole 
House on the State of the Union, and ordered to be printed