Today, the Education and Workforce Committee passed six bills to strengthen retirement, improve worker safety conditions, and empower American workers.
Following the markup, Education and Workforce Committee Chairman Tim Walberg (R-MI) said: "Over the past several years, thanks to Biden-Harris failed policies, Americans were thrown into financial jeopardy—retirement savers were hit hard. Today, we passed three bills that strengthen retirement security, including a bill to improve congressional oversight of the Employee Benefits Security Administration, or 'EBSA,' so investigations are resolved in a timely manner while also fulfilling EBSA’s mission: securing the retirement benefits of American workers and their families.
"We also marked up legislation that expands on our commitment to protect the independent contractor model, allowing more Americans to choose their own paths to the American Dream. Additionally, we passed bills that provide greater autonomy on tribal land and improve workplace safety, thereby reducing duplicative, and costly, federal oversight.
"Altogether, these bills represent the Committee’s commitment to stop the job-crushing regulatory blitz and implement pro-growth economic policies that unleash the ingenuity and entrepreneurial spirit of the American workforce."
Respects Tribal Authority: Makes clear that businesses owned and operated by tribes on tribal land follow tribal labor rules, not federal National Labor Relations Act rules.
Puts Tribes on Equal Footing: Gives tribal governments the same say over labor matters on their land that state and local governments already have.
Increases Transparency: Requires EBSA to give Congress an annual report on any agreements to provide “adverse assistance” in potential employee benefit-plan lawsuits.
Notifies Affected Parties: Mandates that employers or plan sponsors directly impacted by such assistance receive a copy of any agreement before it takes effect.
Protects Retirement Plans: Reinforces the goal of encouraging and maintaining voluntary private employee benefit plans by making sure EBSA’s actions are documented and consistent with public policy.
Adds Transparency: Requires EBSA to send Congress an annual report detailing the status and timeline of its investigations.
Improves Oversight: Gives lawmakers a clear picture of how long EBSA investigations take and why some extend beyond three years—without revealing any private party’s identity.
Committee Republicans Support Safe Workplaces: The Occupational Safety and Health Administration’s (OSHA) compliance assistance programs, such as the Voluntary Protection Programs (VPP), provide incentives to employers to reduce workplace injuries and illnesses without punishing job creators or viewing employers as the enemy. The VPP and other cooperative programs help employers, including small businesses, understand and meet federal safety standards by working with OSHA to learn and implement best practices to reach these goals. This win-win approach improves worker safety by protecting workers before an injury or illness can occur.
The VPP Saves Tax Dollars and Strengthens Safety: In the case of the VPP and other compliance assistance programs, private sector investment plays a significant role in the operation of the programs, saving OSHA resources and taxpayer dollars. Legislative solutions that invest in public-private safety partnerships, such as H.R. 2844, the Michael Enzi Voluntary Protection Program Act, strengthen the necessary bridge between OSHA regulators and the job creators they regulate.
Aligns Labor and Tax Rules: Makes the Fair Labor Standards Act match the tax code by clearly stating that direct sellers and real estate agents are independent contractors, not employees.
Reduces Confusion: Gives these workers and the businesses they partner with one clear federal standard for the purposes of both worker classification and tax treatment.
Protects Flexibility: Ensures direct sellers and real estate agents can keep the independence and flexible schedules they prefer.
Clarifies Valuation Rules: Gives a clear legal definition of “adequate consideration” when employee stock ownership plans (ESOPs) purchase stock in closely held companies.
Adds Certainty for Fiduciaries: Allows ESOP fiduciaries to rely on expert independent appraisals that follow established Internal Revenue Service valuation guidelines, reducing legal gray areas.
Encourages Employee Ownership: Makes it easier for businesses to create and maintain ESOPs, helping more workers build retirement wealth through company ownership.
