H.R. 1723 the "Tribal Labor Sovereignty Act"; H.R. 2958 the "Balance the Scales Act"; H.R. 2869 the "EBSA Investigations Transparency Act"; H.R. 2844 the "Michael Enzi Voluntary Protection Program Act"; H.R. 3495 the "Direct Seller and Real Estate Agent Harmonization Act"; H.R. 5169 the "Retire through Ownership Act"

Committee on Economic and Educational Opportunities

2025-09-17

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Source: Congress.gov

Summary

This committee meeting focused on the markup of six bills related to Indian tribes, retirement, workplace safety, and independent contractors, with proposed amendments for each bill presented by their sponsors or representatives. The bills were discussed, and amendments were agreed upon, leading to a series of final votes to report the amended bills to the House of Representatives.[ 00:20:01-00:20:27 ]

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Themes

Tribal Labor Sovereignty Act (H.R. 1723)

The Tribal Labor Sovereignty Act aims to clarify that the National Labor Relations Act (NLRA) does not apply to Indian tribes or their enterprises on tribal land, thereby restoring a long-standing standard that was changed in 2004.[ 00:20:51-00:21:28 ]

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 Proponents argue this measure safeguards tribal sovereignty by treating tribal governments with the same autonomy as state and local governments, protecting tribal revenues and jobs. Opponents, however, contend that the bill would strip hundreds of thousands of workers, including many non-tribal members, of their rights to organize and collectively bargain, tilting scales in favor of corporate interests at the expense of workers.

ERISA Transparency for DOL Investigations (H.R. 2958 & H.R. 2869)

Two bills addressed the transparency of Department of Labor (DOL) and Employee Benefits Security Administration (EBSA) investigations. The "Balance the Scales Act" (H.R. 2958) mandates that DOL enter written agreements before providing assistance to private attorneys in ERISA civil actions, with copies provided to potentially impacted parties, and requires annual reports to Congress. The "EBSA Investigations Transparency Act" (H.R. 2869) requires EBSA to submit annual reports on open investigations and explain delays for cases exceeding three years, aiming to restore transparency and public confidence. Critics of these bills argue they impose "one-sided transparency" that disadvantages workers, noting that EBSA's investigations are often complex and prolonged due to insufficient funding and staffing.

Workplace Safety through Voluntary Protection Program (H.R. 2844)

The "Michael Enzi Voluntary Protection Program Act" (H.R. 2844) proposes to codify OSHA's Voluntary Protection Program (VPP) and mandate that at least 5% of OSHA's annual funds be used for the program. Supporters argue the VPP encourages a collaborative approach to safety, empowering employers and employees to create safer environments and reducing workplace injuries. Opponents express concerns that this bill would divert limited OSHA resources from enforcing standards and overseeing dangerous workplaces to recognizing already compliant employers, potentially compromising worker safety.

Independent Contractor Status for Direct Sellers and Real Estate Agents (H.R. 3495)

The "Direct Seller and Real Estate Agent Harmonization Act" (H.R. 3495) seeks to clarify that direct sellers and qualified real estate agents are independent contractors under the Fair Labor Standards Act (FLSA), aligning with existing tax code frameworks. Proponents highlight that this provides certainty and flexibility for these professionals, who are significant contributors to the economy.[ 01:16:26-01:16:58 ]

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 Critics argue that there is no demonstrated problem necessitating this legislation and that it risks weakening labor protections, potentially allowing brokers to impose employer-like requirements without corresponding legal obligations.

Employee Stock Ownership Plans (H.R. 5169)

The "Retire Through Ownership Act" (H.R. 5169) aims to provide valuation guidelines for employer stock purchased by Employee Stock Ownership Plans (ESOPs), allowing fiduciaries to rely on existing IRS guidelines. This bill received bipartisan support, with members noting it would end decades of uncertainty for ESOPs, encourage their establishment, and align with a similar Senate bill, while preserving ERISA's fiduciary obligations.

Tone of the Meeting

The tone of the meeting was largely contentious, marked by significant disagreements between the majority and minority parties on most of the bills discussed. Minority members repeatedly expressed strong opposition, citing concerns about process, specifically the lack of legislative hearings for several bills, and the potential negative impact on workers' rights. However, a moment of bipartisan consensus was evident with the discussion and passage of H.R. 5169, which received unanimous support. There was also a brief acknowledgment of shared sentiment regarding senseless gun violence.

Participants

Transcript

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The committee will please come to order.  A quorum is present.  The committee meets today pursuant to notice to consider six bills.   The Chair announces that requests for recorded votes may be postponed pursuant to Clause 2 of Rule 11 of the Rules of the House of Representatives and Committee Rule 14 .  Without objection, the Chair may recess the Committee at any point.  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.  H.R.  1723, the Tribal Labor Sovereignty Act, was introduced by Representative John Moulinar.  It makes clear that the National Labor Relations Act   does not apply to Indian tribes or any enterprise or institution owned and operated by an Indian tribe on tribal land, restoring a standard that was in place for decades.  HR 1723 safeguards the sovereignty of Indian tribes by clarifying that businesses on tribal lands are subject to Indian tribes and their 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.  H.R.  2958, the Balance the Scales Act, was introduced by Representative Michael Rooley.   It amends the Employee Retirement Income Security Act to provide critical transparency to abusive practices that came to light under the Biden-Harris administration.  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 must, under the bill, enter into a written agreement clearly defining the nature and extent of the adverse assistance.
DOL must provide a copy of the agreement to any employer, plan sponsor, or fiduciary that may be adversely impacted.  In addition, DOL must file an annual report with Congress detailing any adverse assistance agreements in effect for the prior fiscal year with private party details redacted.   H.R.  2869, the EBSA Investigations Transparency Act, was introduced by Representative Lisa McClain.  It will enable the Committee to exercise effective oversight on investigations by the Employee Benefits Security Administrator, restoring transparency and public confidence in the agency's actions.   Despite robust oversight efforts by the committee, the Biden-Harris administration refused to answer for its abuse of power when DOL conducted overreaching, endless, and aimless investigations.  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.  This report will not include information identifying any private party involved in the investigation.   H.R.  2844, the Michael Enzi Voluntary Protection Program Act, was introduced by Representative Diana Harshbarger.  The Voluntary Protection Program, VPP, recognize employers and workers who have effectively   of effective safety and health management systems.  VPP participants maintain exceptional safety standards.
As a result of their investments in the safety program, participants are exempt from occupational safety and health administration OSHA programmed inspections as long as they maintain their high safety levels.   This bipartisan bill codifies the VPP that thousands of workers and job creators enjoy and requires OSHA to use at least 5% of its funds in a fiscal year to carry out the program.   The next bill for consideration is HR 3495, the Direct Seller and Real Estate Agent Harmonization Act, which was introduced by Representative Kevin Kiley.  In 1982, the Tax Equity and Fiscal Responsibility Act updated the Internal Revenue Code to make clear that direct sellers and qualified real estate agents are independent contractors.  For 43 years,   Direct sellers and real estate agents have operated as independent contractors and received the tax treatment to match.  But the Fair Labor Standards Act has failed to reflect this reality.  H.R.  3495 fixes this gap by applying the well-established tax code framework to the FLSA, ensuring these workers finally receive the clarity and certainty they deserve.

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