Ethical Investigations and Integrity Act
- Sponsor
- Rep. Messmer, Mark B. [R-IN-8]
- Committees
- Education and Workforce Committee (primary)
- Last action
- Jul 22, 2026
Bottom line
This bill aims to increase transparency and fairness in Department of Labor investigations by requiring formal agreements and disclosure to affected parties when the Secretary provides assistance to individuals pursuing civil actions against employers.
What it actually does
This bill mandates that the Secretary of Labor enter into a written "adverse interest agreement" with an individual before providing any "adverse assistance" (advice or information for a potential civil action under covered labor laws). A copy of this agreement must be provided to any employer or contractor directly and adversely impacted. Additionally, the Secretary is required to submit annual reports to Congress detailing these agreements, including information shared and communication logs, while redacting identifying information for non-parties.
Proponents argue
Proponents would argue that this bill ensures due process and transparency for employers and contractors who may be subject to civil actions initiated with the Department of Labor's assistance. It prevents the Department from covertly aiding plaintiffs without the knowledge of the potentially impacted parties, fostering a more balanced investigative and legal environment.
Opponents contend
Opponents might contend that this bill could hinder the Department of Labor's ability to effectively assist workers in pursuing legitimate claims, potentially chilling whistleblowers or individuals seeking redress for labor violations. The requirement to disclose agreements to employers could create a chilling effect, making individuals hesitant to seek assistance from the Department for fear of immediate employer retaliation or legal maneuvering.
The bill text is very short and straightforward, allowing for quick comprehension by any interested party.
Section 2(a)(1)
Requirement for Written Adverse Interest Agreements
Before the Secretary of Labor provides "adverse assistance" (defined as advice or information for a potential civil action under covered labor laws) to an individual, the Secretary must first enter into a written agreement with that individual. This agreement must detail the nature and scope of the assistance to be provided.
Supporters argue
Supporters argue this formalizes the DOL's role, ensuring clarity for both the individual receiving assistance and the Department regarding the scope of support. It promotes accountability within the agency.
Critics contend
Critics might argue this adds unnecessary bureaucracy and potential delays for individuals seeking urgent assistance, potentially discouraging them from coming forward.
Tradeoffs
This provision balances the desire for formal accountability within the DOL with the potential for increased administrative burden and delays for individuals seeking assistance.
Section 2(a)(2)
Disclosure of Agreements to Adversely Impacted Parties
After entering into an adverse interest agreement with an individual, the Secretary of Labor must provide a copy of that agreement to any employer or contractor who may be directly and adversely impacted by the assistance being provided. This ensures that potential defendants are aware of the DOL's involvement.
Section 2(b)
Annual Report to Congress on Adverse Assistance Agreements
The Secretary of Labor is required to submit an annual report to Congress, starting 60 days after enactment, detailing all adverse assistance agreements in effect for the preceding fiscal year. This report must include a copy of each agreement (with certain redactions), the date it was entered, and a detailed description of the assistance provided, including information shared, verbal communications logs, and meeting logs.
Section 2(b)(2)
Protection of Non-Party Identifying Information in Reports
While the annual report to Congress must identify the parties to each adverse assistance agreement, it explicitly prohibits the inclusion of any information that could identify any other person, including an employer, contractor, or any other potential defendant, beyond the parties to the agreement itself.
Section 2(c)
Treatment of Existing Adverse Assistance Arrangements
For any existing arrangements to provide adverse assistance that are in place before the bill's enactment, the Secretary of Labor is deemed to have met the "prior to providing assistance" requirement if they take the actions (entering into a written agreement and providing a copy to the impacted employer/contractor) within 60 days of the bill's enactment.
Defines "adverse assistance" as "assistance or advice, including the disclosure of information, that is directed specifically toward an attorney for potential use in a civil action under any covered law."
Section 2(d)(1)
Why it matters:This is standard legislative practice to define terms at the end of a section or bill, but its precise wording is crucial to the bill's scope.
Case for: Proponents would argue this precise definition limits the scope of the bill to specific legal contexts, preventing overreach into general DOL advisory functions.
Case against: Opponents might argue that by focusing only on assistance "directed specifically toward an attorney," it might create a loophole where DOL could provide similar assistance to individuals not yet represented by an attorney, or through less formal channels, thus circumventing the bill's intent.
Estimated impact: This definition dictates the entire scope of the bill's requirements, affecting all interactions between the DOL and individuals seeking assistance for civil actions.