Examining the Policies and Priorities of the Employee Benefits Security Administration

Labor Department and Labor LawHouse Education and Workforce Subcommittee on Health, Employment, Labor, and Pensions · 2026-04-16 · 119th Congress
The House Education and Workforce Subcommittee on Health, Employment, Labor, and Pensions held this hearing to examine the policies and priorities of the Employee Benefits Security Administration (EBSA) under Assistant Secretary Daniel Aronowitz. Begins at 0:04:28
Transcript
Highlights

Title

EBSA priorities on health claims, ESG investing, and ORISA litigation reform

Purpose

The House Education and Workforce Subcommittee on Health, Employment, Labor, and Pensions held this hearing to examine the policies and priorities of the Employee Benefits Security Administration (EBSA) under Assistant Secretary Daniel Aronowitz. Members questioned Aronowitz on retirement plan investment rules, health claim denials, PBM transparency, mental health parity enforcement, ESOP guidance, and proposed EBSA budget cuts, while Democrats also raised allegations of misconduct against Labor Secretary Chavez-DeRemer. Begins at0:04:28

Who spoke

Chairman Rick Allen (R-GA)0:04:28: Opened by outlining EBSA's oversight of 156 million Americans' benefit plans and $14 trillion in assets0:05:29; promoted his Protecting Prudent Investment of Retirement Savings Act0:05:54 and pushed for reducing "frivolous" EBSA investigations0:07:09; later questioned Aronowitz on ESG reversal, ESOP valuation guidance, and PBM kickbacks0:29:33.

Ranking Member Bobby Scott (D-VA)0:07:52: Criticized the administration's proposed $10 million EBSA budget cut that would shrink staffing from over 1,000 to 640 employees0:08:35; cited rising retirement-savings withdrawals and Americans selling plasma to cover costs0:09:26; argued EBSA under Aronowitz favors corporations over workers0:11:15; later pressed hard on what monetary penalties EBSA can actually impose for claim-denial and parity violations, eliciting admissions of limited authority1:27:15.

Assistant Secretary Daniel Aronowitz, EBSA0:13:38: Testified EBSA is pursuing regulatory clarity, fair enforcement, and anti-litigation-abuse goals0:14:37; touted a proposed PBM transparency rule0:15:25 and new investment-selection rule with 20 safe-harbor examples0:16:31; described shifting enforcement resources from missing-participant searches (previously 50% of investigations) toward health care claim denials1:24:35; disclosed personal experience with his children's mental health treatment denials0:37:16.

Rep. Rick Larsen / (unclear, likely Rep. Wahlberg, Chairman of full committee)0:18:45: Asked about encouraging lifetime income solutions in 401(k) plans0:19:14 and how litigation risk has stifled retirement plan innovation0:22:56.

Rep. Joe Courtney (D-CT)0:23:51: Discussed his Hidden Fees Disclosure Act on covered service provider definitions under ERISA fee disclosure0:24:19, noting EBSA received 584 public comments on the transparency rule0:25:00; pressed on claims-denial disclosure requirements tied to Form 55000:27:50.

Rep. Donald Norcross (D-NJ)0:34:30: Raised concern that EBSA will no longer enforce the 2024 mental health parity final rule and lacks penalties for violations0:36:20; pressed for a firm commitment to enforcement0:39:05.

Rep. Burgess Owens (R-UT)0:39:56: Asked about improving plan participants' financial literacy via Trump accounts0:40:24 and about multi-year "aimless" EBSA investigations under the prior administration0:43:49.

Rep. Lucy McBath (D-GA)0:45:44: Detailed harms from alternative funding programs, including a cystic fibrosis patient who suffered a six-month coverage gap and irreversible lung damage0:48:29; asked whether six-month waits for life-saving treatment are acceptable0:48:59.

Rep. Rob McKenzie (R-PA) [1:22:03 / 1:51:27]: Praised EBSA's alternative-investments proposal for 401(k)s1:51:31 and asked about safeguards in investment selection1:52:29 and curbing excessive ERISA litigation1:53:20.

Rep. Jahana Hayes (D-CT)0:56:29: Noted EBSA investigators recovered over $530 million for workers last year despite proposed budget cuts0:57:25; got Aronowitz to confirm 40 new benefit advisors were hired0:58:21.

Rep. Anders (R-MO)1:01:39: A physician, raised concerns about insurers violating the No Surprises Act by balance-billing patients and asked about EBSA's enforcement authority and complaint volume1:02:051:03:48.

Rep. Susan Lee (D-PA)1:06:49: Challenged Aronowitz on a 2024 blog post describing himself as an "advocate for America's benefit plan sponsors," and on amicus briefs filed favoring JPMorgan Chase, Siemens, and Honeywell1:07:12; questioned rescission of cautionary crypto guidance for 401(k)s1:09:28.

Rep. Jared Fine (R-FL)1:12:04: Discussed healthcare data transparency for employers1:12:30 and his ERISA Litigation Reform Act (HR 6084), asking about the significance of motions to dismiss in ERISA suits1:13:23; Aronowitz noted plan sponsors won 7 of 8 recent trials1:14:08.

Rep. Mark Takano (D-CA)1:17:21: Questioned Aronowitz's background representing "benefit plan sponsors" versus workers1:17:53; raised Inspector General allegations against Secretary Chavez-DeRemer regarding on-the-job drinking, misuse of travel funds, and civil rights complaints, entering an investigative report into the record1:18:551:20:25.

Rep. Josh Manion (D-NY)1:22:10: Asked about EBSA's removal of terminated-vested/missing-participant searches from enforcement priorities and the status of the Secure 2.0 retirement savings lost-and-found database1:23:291:24:22.

Rep. Sara Jacobs / "Mr. Sier" (D-CA)2:37:44: Shared a personal connection to mental health/substance abuse advocacy2:37:52; pressed on claim-denial enforcement efficiency given roughly one federal inspector per 14,000 covered plans2:40:23.

Rep. Glenn Grothman (R-WI)2:43:23: Promoted his Form 5500 Filing Simplification Act (HR 7362)2:43:52; questioned whether employers should be forced to cover mental health benefits given concerns about "overmedicating"2:46:05.

Key moments

Scott revealed the Trump administration's budget proposes cutting EBSA's funding by $10 million and reducing staffing from over 1,000 employees historically to just 6400:08:35.

Aronowitz disclosed that two of his children were in eight different residential treatment facilities, with insurance covering only one and later reversing that coverage as "no longer medically necessary"0:37:16.

McBath described a cystic fibrosis patient whose alternative funding program denial caused a six-month care gap resulting in irreversible lung damage and hospitalization0:48:29; Aronowitz called it "outrageous"0:49:14.

Scott's pointed exchange: repeatedly asked what monetary penalties EBSA can impose on plans violating internal/external appeal rules, mental health parity, or pre-existing condition coverage; Aronowitz repeatedly cited "the power of ORISA" without naming a specific penalty, eventually conceding "very limited ability"1:27:151:28:501:30:19.

Lee confronted Aronowitz with his own 2024 blog statement calling himself an advocate for "America's benefit plan sponsors," and noted EBSA amicus briefs favored JPMorgan Chase, Siemens, and Honeywell; Aronowitz responded "we are guilty as charged" regarding bias but said he now follows ORISA "wherever it goes"1:07:121:09:18.

Takano entered into the record an investigative report on three civil rights complaints against Secretary Chavez-DeRemer and asked whether Aronowitz had taken steps to protect staff after her husband was reportedly banned from headquarters over sexual advance allegations; Aronowitz did not answer directly, prompting Takano to state "I take the answer to be no"1:20:041:21:02.

Aronowitz said EBSA shifted roughly 50% of its investigative resources away from missing-participant searches toward health care claim denial enforcement1:24:351:26:14.

Hayes cited EBSA investigators recovering over $530 million in benefits last year despite the proposed $10 million cut and staffing decline from 960 (2015) to under 690 employees0:57:50; Aronowitz confirmed 40 newly hired benefit advisors0:58:50.

Aronowitz said plan sponsors won seven of the last eight ERISA fiduciary trials, citing this as evidence that most litigated cases involve sound fiduciary processes despite surviving costly discovery1:14:08.

Grothman questioned whether employers should be compelled to cover mental health benefits, calling the profession "excessively liberal" and citing concerns about overmedicating children2:46:36; Aronowitz declined to take a position but affirmed support for "quality mental health benefits"2:46:43.

Metadata

CommitteeHouse Education and Workforce Subcommittee on Health, Employment, Labor, and Pensions
Chamber / CongressHouse · 119th Congress
Date2026-04-16
TypeHearing
Witnesses
The Honorable Daniel Aronowitz — Assistant Secretary, Employee Benefits Security Administration, U.S. Department of Labor
Videoyoutube
Transcript329 caption blocks · 16,403 words · 2:53:03 runtime
EventCongress.gov 119161