Restoring Trust: Enhancing Transparency and Oversight at EBSA

Labor Department and Labor LawHouse Education and Workforce Subcommittee on Health, Employment, Labor, and Pensions · July 22, 2025 · 119th Congress
The House Education and Workforce Subcommittee on Health, Employment, Labor, and Pensions held this hearing to examine two Republican bills — the EBSA Investigations Transparency Act and the Balance the Scales Act — addressing how the Employee Benefits Security Administration (EBSA) conducts investigations, its practice of entering "common interest agreements" sharing information with plaintiffs' attorneys, and the agency's budget and staffing levels. Begins at ▶ 0:16:14
Transcript
Highlights

Title

Oversight of EBSA investigations, common interest agreements, and funding

Purpose

The House Education and Workforce Subcommittee on Health, Employment, Labor, and Pensions held this hearing to examine two Republican bills — the EBSA Investigations Transparency Act and the Balance the Scales Act — addressing how the Employee Benefits Security Administration (EBSA) conducts investigations, its practice of entering "common interest agreements" sharing information with plaintiffs' attorneys, and the agency's budget and staffing levels. Witnesses included an attorney who uncovered a secret DOL information-sharing arrangement in litigation, a former EBSA official, and representatives of employer and ESOP trade groups, while Democrats focused on EBSA's funding cuts and its role protecting workers' retirement and health benefits. Begins at▶ 0:16:14

Who spoke

• Chairman Rick Allen (R-GA)▶ 0:16:14: Opened by arguing EBSA ran burdensome, repetitive investigations under the Biden administration▶ 0:17:38 and highlighted DOL's Inspector General probe into EBSA's information-sharing with plaintiffs' firms▶ 0:18:03; later questioned Golumbic about common interest agreements▶ 0:42:22 and closed by calling the practice a "black eye" for the agency▶ 2:01:55.

• Ranking Member Mark DeSaulnier (D-CA)▶ 0:19:32: Countered that EBSA oversees roughly 800,000 retirement plans and 153 million people despite flat funding▶ 0:20:02, noted the Trump FY26 budget cuts $10 million plus $20 million in lapsed no-surprises funding▶ 0:20:30, and said only 12 common interest agreements existed over 15 years out of 31,000 investigations▶ 0:22:26; closed urging bipartisan work rather than "defunding" the agency▶ 1:56:14.

• Lars Golumbic, Groom Law Group▶ 0:26:39: Testified his firm uncovered a secret common interest agreement between DOL and plaintiffs' firm Cohen Milstein, which a federal court said let DOL "litigate in the shadows"▶ 0:27:33; described how his client's confidential FOIA-exempt documents were shared without notice▶ 0:43:07, and said the disclosure has chilled clients' willingness to cooperate with DOL investigations▶ 1:06:11.

• Andy Banducci, ERISA Industry Committee (ERIC)▶ 0:29:43: Said member companies report investigations lasting five to eight years with long DOL silences and "fishing expedition" scope▶ 0:30:45; backed both the Investigations Transparency Act and Balance the Scales Act as "good government 101"▶ 0:32:05.

• Ali Khawar, former EBSA official▶ 0:32:58: Said EBSA covers 153 million people and $14 trillion in retirement assets, plus $17 trillion in IRAs▶ 0:33:21; said the agency lost about a third of its investigative staff to DOGE cuts and the FY26 budget would fund only ~640 employees versus a peak near 1,000▶ 0:34:19▶ 1:53:49; said EBSA recovered $1.4 billion in FY24, with investigators recovering roughly $17,000 per investigator per day▶ 0:35:12▶ 0:37:00; said only 12 of over 31,000 investigations (0.04%) involved common interest agreements▶ 0:36:39.

• Jim Bonham, ESOP Association▶ 0:37:43: Called EBSA enforcement "broken," "misaligned," and "abusive," citing multi-year investigations forcing tolling agreements▶ 0:39:30 and "dragnet" letters to fiduciary firms covering multiple plans at once▶ 1:41:34; detailed the Bowers and Cubota case where DOL lost on every claim after nine years and millions in legal fees▶ 1:16:45▶ 1:17:23.

• Rep. Mark Takano (D-CA)▶ 0:48:26: Highlighted testimony about EBSA helping a patient obtain a life-saving heart transplant denial reversal▶ 0:48:54 and pressed Khawar on reduced benefit-adviser staffing since January▶ 0:51:36.

• Rep. Mike Rulli (R-OH)▶ 0:54:16: Asked Bonham how DOL actions hurt workers and employers, drawing out that EBSA scrutiny caused ESOP interest among business owners to "plummet" in a survey▶ 0:55:37 and that one client faced $3 million in legal fees over three years with no findings, followed by a $2 million class action▶ 0:56:31.

• Rep. Lucy McBath (D-GA)▶ 0:59:06: Noted EBSA oversees benefits for over 150 million Americans▶ 0:59:06 and pressed Khawar on how proposed cuts would affect its ability to protect health coverage▶ 1:01:54.

• Rep. Rob Mackenzie (R-PA)▶ 1:04:51: Asked Golumbic whether secret information-sharing chills employer cooperation with DOL, drawing confirmation that clients are now "quite reluctant" to turn over information▶ 1:06:11.

• Rep. Joe Courtney (D-CT)▶ 1:10:16: Said it would be premature to change statutes before the Inspector General's report is complete▶ 1:10:39 and asked Khawar and Bonham about funding for the WORK Act's employee-ownership office▶ 1:12:19.

• Rep. Randy Fine (R-FL)▶ 1:15:52: Had Bonham detail the Bowers and Cubota case, including a DOL investigator's deposition testimony that a supervisor told him to "find some ESOP cases in Hawaii"▶ 1:16:56, and noted the company's value rose over 1,700% since the ESOP sale▶ 1:17:23.

• Rep. Summer Lee (D-PA)▶ 1:21:06: Argued the bills would tip protections toward employers and away from workers▶ 1:21:36; had Khawar confirm investigators recovered as much as $150,000 per investigator per day in one impact category▶ 1:24:29, and cited a Pittsburgh-area case where EBSA action led to a $50 million settlement after a plan administrator embezzled $5.5 million▶ 1:25:20.

• Chairman Tim Walberg (R-MI)▶ 1:26:15: Asked all three trade-group witnesses how public knowledge of secret information-sharing changes employer willingness to cooperate with EBSA, and asked about typical investigation defense costs, drawing estimates ranging from six figures to multiple millions▶ 1:29:04.

• Rep. Jahana Hayes (D-CT)▶ 1:31:25: Cited EBSA recovering $540 million in FY24 through benefit advisers after nearly 200,000 inquiries▶ 1:31:53 and a Connecticut case recovering $2 million for a retiree▶ 1:32:18; asked Khawar about budget cuts' effect on benefit-adviser service and on demand if ACA enhanced subsidies expire▶ 1:33:17▶ 1:34:39.

• Chair Virginia Foxx (R-NC)▶ 1:36:05: Pressed Khawar on why EBSA withheld underlying investigation data requested by the committee in 2023▶ 1:37:22 and noted 54 cases remained open nearly eight years later, with only three actively being investigated▶ 1:39:31.

• Ranking Member Bobby Scott (D-VA)▶ 1:40:26: Asked Khawar what EBSA actually investigates, citing the Madoff Ponzi scheme as an example▶ 1:40:47, how targets are selected via the benefit-adviser referral pipeline▶ 1:42:23, and what legal authority governs EBSA information-sharing▶ 1:43:14.

• Rep. Lisa McClain (R-MI)▶ 1:45:45: Discussed her EBSA Investigations Transparency Act, asking the panel how annual reporting on open investigations would help employers assess fair treatment▶ 1:46:19, with Golumbic noting DOL often closes files without ever notifying the target▶ 1:47:06.

Key moments

• Golumbic testified his firm found concrete proof DOL secretly shared unredacted investigation findings with plaintiffs' firm Cohen Milstein under a common interest agreement, discovered only when the firm produced an unredacted copy on the eve of depositions▶ 0:44:55▶ 0:45:21.

• A magistrate judge in the underlying case said the arrangement let plaintiffs "circumvent discovery protocols" and amounted to DOL "litigate in the shadows"▶ 0:46:09▶ 0:46:30.

• Khawar and DeSaulnier both stated only 12 common interest agreements existed over 15 years out of more than 31,000 investigations — a 0.04% rate▶ 0:36:39▶ 0:22:26.

• Bonham detailed the Bowers and Cubota ESOP case: an investigator testified under deposition that a supervisor told him to "find some ESOP cases in Hawaii," the case ran nine years, DOL lost on every count, and the company's value later rose over 1,700%▶ 1:17:00▶ 1:17:48▶ 1:18:18.

• Khawar said EBSA's FY26 budget would support only about 640 total staff, down from a peak near 1,000, with an investigator-to-plan ratio of about 1-to-17,000 compared to roughly 1-to-a-dozen at the SEC▶ 0:34:42▶ 1:53:49.

• Foxx said the committee learned 54 EBSA investigations remained open almost eight years after opening, with only three still being actively worked▶ 1:39:56.

• Khawar cited EBSA recovering $1.4 billion in FY24, including about $742 million from civil enforcement, roughly $17,000 per investigator per day, and in one targeted category about $150,000 per investigator per day▶ 0:35:12▶ 0:37:00▶ 1:24:29.

• Rep. Lee cited a Pittsburgh-area case where an administrator embezzled $5.5 million from 240 retirement plans and EBSA's intervention led to a $50 million settlement▶ 1:25:20.

• Bonham said an internal survey found roughly 80% of business owners considering succession plans were interested in forming an ESOP, but interest "plummeted" once EBSA's enforcement powers were factored in▶ 0:55:37▶ 0:56:02.

• DeSaulnier and Golumbic disagreed with the majority's framing: DeSaulnier argued the committee should wait for the Inspector General's report before changing statutes▶ 1:10:39, while Chairman Allen and Rep. McClain argued transparency requirements were reasonable "good government 101"▶ 1:46:43▶ 1:49:04.

Metadata

CommitteeHouse Education and Workforce Subcommittee on Health, Employment, Labor, and Pensions
Chamber / CongressHouse · 119th Congress
DateJuly 22, 2025
TypeHearing
Witnesses
Mr. Andy Banducci — Senior Vice President, Retirement and Compensation Policy, ERISA Industry Committee
Mr. Jim Bonham — President and CEO, Employee Stock Ownership Association
Mr. Ali Khawar — Founder and President, FCP, LLC.
Mr. Lars Golumbic — Principal, Groom Law Group
Mr. Ali Khawar — Founder and President, FCP, LLC.
Mr. Lars Golumbic — Principal, Groom Law Group
Mr. Andy Banducci — Senior Vice President, Retirement and Compensation Policy, ERISA Industry Committee
Mr. Jim Bonham — President and CEO, Employee Stock Ownership Association
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