This legislation amends the Employee Retirement Income Security Act of 1974 (ERISA) to introduce new requirements for the Employee Benefit Security Administration (EBSA) regarding its interactions with plaintiff attorneys. Specifically, it mandates that before the Secretary of Labor provides "adverse assistance" to an individual for potential use in a civil action, a written agreement detailing the nature and scope of such assistance must be established. A copy of this agreement must also be provided to any employer, plan sponsor, or fiduciary that may be directly and adversely impacted by the assistance. The bill defines "adverse assistance" as any aid or advice, including information disclosure, directed specifically toward an attorney for potential use in an ERISA civil action. Furthermore, it requires the Secretary to submit an annual report to Congress detailing all such agreements from the preceding fiscal year. These reports must include copies of the agreements, descriptions of information shared, logs of communications and meetings, and an explanation of how the assistance aligns with the public policy of promoting voluntary employee benefit plans. Additionally, the bill amends ERISA's declaration of policy, adding a new subsection that emphasizes the importance of voluntary pension plan sponsorship for employee retirement security. This amendment explicitly states that it is a policy of ERISA to promote, encourage, and facilitate the establishment and maintenance of such plans, reinforcing the voluntary nature of these benefits.
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Timeline
Introduced in House
Referred to the House Committee on Education and Workforce.
Ordered to be Reported (Amended) by the Yeas and Nays: 19 - 16.
Committee Consideration and Mark-up Session Held
Placed on the Union Calendar, Calendar No. 430.
Reported (Amended) by the Committee on Education and Workforce. H. Rept. 119-504.
Introduced in House
Referred to the House Committee on Education and Workforce.
Ordered to be Reported (Amended) by the Yeas and Nays: 19 - 16.
Committee Consideration and Mark-up Session Held
Placed on the Union Calendar, Calendar No. 430.
Reported (Amended) by the Committee on Education and Workforce. H. Rept. 119-504.
Labor and Employment
Civil actions and liabilityCongressional oversightEmployee benefits and pensions
Balance the Scales Act
USA119th CongressHR-2958| House
| Updated: 2/20/2026
This legislation amends the Employee Retirement Income Security Act of 1974 (ERISA) to introduce new requirements for the Employee Benefit Security Administration (EBSA) regarding its interactions with plaintiff attorneys. Specifically, it mandates that before the Secretary of Labor provides "adverse assistance" to an individual for potential use in a civil action, a written agreement detailing the nature and scope of such assistance must be established. A copy of this agreement must also be provided to any employer, plan sponsor, or fiduciary that may be directly and adversely impacted by the assistance. The bill defines "adverse assistance" as any aid or advice, including information disclosure, directed specifically toward an attorney for potential use in an ERISA civil action. Furthermore, it requires the Secretary to submit an annual report to Congress detailing all such agreements from the preceding fiscal year. These reports must include copies of the agreements, descriptions of information shared, logs of communications and meetings, and an explanation of how the assistance aligns with the public policy of promoting voluntary employee benefit plans. Additionally, the bill amends ERISA's declaration of policy, adding a new subsection that emphasizes the importance of voluntary pension plan sponsorship for employee retirement security. This amendment explicitly states that it is a policy of ERISA to promote, encourage, and facilitate the establishment and maintenance of such plans, reinforcing the voluntary nature of these benefits.