At a markup session held today, Education and Workforce Committee Chairman Tim Walberg (R-MI) presented six bills aimed at enhancing retirement security, promoting workplace safety, and supporting the American workforce.
Chairman Walberg opened the session by outlining the focus of each bill under consideration. “Today the Committee will be marking up six important pieces of legislation that will provide certainty to Indian tribes, protect savers and retirees, encourage workplace safety, and clarify the status of direct sellers and real estate agents,” he said.
The first bill discussed was H.R. 1723, known as the Tribal Labor Sovereignty Act. Introduced by Representative John Moolenaar, this legislation seeks to exempt Indian tribes and their enterprises on tribal land from the National Labor Relations Act. According to Walberg, “H.R. 1723 safeguards the sovereignty of Indian tribes by clarifying that businesses on tribal lands are subject to tribal jurisdiction. The bill offers long-needed clarity for Native American governments and the enterprises they oversee. The bill will also help restore parity among tribes and state and local governments, providing the same autonomy to tribal governments as other recognized governments.”
Next was H.R. 2958, or the Balance the Scales Act, introduced by Representative Michael Rulli. This measure would require written agreements before Department of Labor officials can offer advice or assistance in ERISA civil actions involving private attorneys. It also mandates annual reporting to Congress on such agreements with redacted private party details. Walberg stated: “Before offering advice, sharing information, or providing any form of assistance to a private attorney for use in an ERISA civil action, the Department of Labor (DOL) must, under the bill, enter into a written agreement clearly defining the nature and extent of the adverse assistance… DOL must file an annual report with Congress detailing any adverse assistance agreements in effect for the prior fiscal year.”
H.R. 2869—the EBSA Investigations Transparency Act—was introduced by Representative Lisa McClain to increase oversight over Employee Benefit Security Administration investigations. Walberg explained: “This legislation will restore transparency by requiring DOL to submit an annual report to Congress on the status of open employee-benefit-plan investigations. In addition, if an investigation lags for more than three years, DOL must explain the delay and give an estimated date of conclusion.”
Also considered was H.R. 2844—the Michael Enzi Voluntary Protection Program Act—brought forward by Representative Diana Harshbarger. The act would codify OSHA’s Voluntary Protection Programs (VPP), which recognize employers with strong safety records and require OSHA to allocate at least five percent of its budget annually toward VPP activities.
The committee reviewed H.R. 3495—the Direct Seller and Real Estate Agent Harmonization Act—introduced by Representative Kevin Kiley—to align Fair Labor Standards Act definitions with those in tax law regarding independent contractors in these professions.
Finally, Chairman Rick Allen presented H.R. 5169—the Retire through Ownership Act—which aims to clarify valuation guidance for employer stock held in Employee Stock Ownership Plans (ESOPs). As described during opening remarks: “H.R. 5169 points to tried-and-true Internal Revenue Service (IRS) guidelines for valuing employer stock. It also provides that ESOP fiduciaries can rely in good faith on a valuation provided by an independent valuation expert or business appraiser who relies on the IRS’s guidelines for valuing the stock.”
These bills are intended to address various issues related to labor rights for tribal entities, transparency in retirement plan administration practices at federal agencies such as DOL’s EBSA division https://www.dol.gov/agencies/ebsa/about-ebsa/our-activities/enforcement#annual-reports , workplace safety programs overseen by OSHA https://www.osha.gov/vpp/all-about-vpp , contractor classification standards established since updates made via previous federal laws https://www.congress.gov/bill/97th-congress/house-bill/4961 , and processes governing ESOP asset valuations.
