[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 9358 Introduced in House (IH)]
<DOC>
119th CONGRESS
2d Session
H. R. 9358
To improve the lives of the American people, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
June 18, 2026
Mr. Magaziner introduced the following bill; which was referred to the
Committee on Ways and Means, and in addition to the Committees on
Oversight and Government Reform, House Administration, Education and
Workforce, Agriculture, Foreign Affairs, Homeland Security, Armed
Services, Veterans' Affairs, Science, Space, and Technology, Natural
Resources, Financial Services, Appropriations, the Budget, Energy and
Commerce, Intelligence (Permanent Select), Rules, Ethics, the
Judiciary, Small Business, and Transportation and Infrastructure, for a
period to be subsequently determined by the Speaker, in each case for
consideration of such provisions as fall within the jurisdiction of the
committee concerned
_______________________________________________________________________
A BILL
To improve the lives of the American people, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Improving the
Lives of the American People Act''.
SEC. 2. RESTRICTIONS ON TRADE AND OWNERSHIP OF COVERED INVESTMENTS.
(a) Short Title.--This section may be cited as the ``Restore Trust
in Government Act''.
(b) Table of Contents.--The table of contents for chapter 131 of
title 5, United States Code, is amended by adding at the end the
following:
subchapter iv. restrictions on trade and ownership of covered
investments
13151. Definitions.
13152. Trade and ownership of covered investments.
13153. Penalties.
(c) Restrictions.--Chapter 131 of title 5, United States Code, is
amended by adding at the end a new subchapter:
``SUBCHAPTER IV--RESTRICTIONS ON TRADE AND OWNERSHIP OF COVERED
INVESTMENTS
``Sec. 13151. Definitions
``In this subchapter:
``(1) Commodity.--The term `commodity'--
``(A) has the meaning given the term in section 1a
of the Commodity Exchange Act (7 U.S.C. 1a); and
``(B) does not include a precious metal (as defined
in section 1027.100 of title 31, Code of Federal
Regulations).
``(2) Covered individual.--The term `covered individual'
means any of the following:
``(A) A Member of Congress, as defined in section
13101.
``(B) A dependent child (as defined in section
13101) or a spouse of a Member of Congress.
``(C) A trustee of a trust in which an individual
described in subparagraph (A) or (B) has a beneficial
interest in the principal or income of the trust as
described in section 1403(b)(5) of the Internal Revenue
Code of 1986.
``(D) The President, or the spouse or a dependent
child (as defined in section 13101) of the President.
``(E) The Vice President, or the spouse or a
dependent child (as defined in section 13101) of the
Vice President.
``(3) Covered investment.--The term `covered investment'--
``(A) means an investment in a security, a
commodity, a future, or any comparable economic
interest acquired through synthetic means, such as the
use of a derivative, including an option, warrant, or
other similar means; and
``(B) does not include--
``(i) a widely held investment fund
described in section 13104(f)(8) that is
diversified and publicly traded on a national
or regional stock exchange;
``(ii) a United States Treasury bill, note,
or bond;
``(iii) a State or municipal government
bill, note, or bond;
``(iv) any compensation received by a
spouse or a dependent child described in
paragraph (2) from an employer of the spouse or
dependent child;
``(v) an interest in a small business
concern and, in the case of an investment in a
family farm or ranch that qualifies as an
interest in a small business concern, a future
or commodity directly related to the farming
activities and products of the farm or ranch;
``(vi) an interest in a limited liability
company created for the sole purpose of
purchasing or holding real estate that serves
as the personal residences of the Member of
Congress;
``(vii) any share of Settlement Common
Stock issued under section 7(g)(1)(A) of the
Alaska Native Claims Settlement Act (43 U.S.C.
1606(g)(1)(A)); or
``(viii) any share of Settlement Common
Stock, as defined in section 3 of the Alaska
Native Claims Settlement Act (43 U.S.C. 1602).
``(4) Diversified.--The term `diversified', with respect to
an investment fund, means such fund does not have a stated
policy of concentrating its investments in any industry,
business, single country other than the United States, or bonds
of a single State within the United States except for the State
in which the Member of Congress resides.
``(5) Future.--The term `future' means a financial contract
obligating the buyer to purchase an asset or the seller to sell
an asset, such as a physical commodity or a financial
investment, at a predetermined future date and price.
``(6) Security.--The term `security' has the meaning given
the term in section 3(a) of the Securities Exchange Act of 1934
(15 U.S.C. 78c(a)).
``(7) Small business concern.--The term `small business
concern' has the meaning given that term under section 3 of the
Small Business Act (15 U.S.C. 632).
``(8) Supervising ethics office.--The term `supervising
ethics office' has the meaning given the term in section 13101.
``Sec. 13152. Trade and ownership of covered investments
``(a) Conduct During Federal Service.--Except as described in
subsection (b)(1)(B) and subsections (e) through (g), no covered
individual may, directly or indirectly, own or trade a covered
investment.
``(b) Compliance.--
``(1) Requirement.--To comply with subsection (a)--
``(A) a covered individual may not purchase a
covered investment; and
``(B) a covered individual shall divest of any
covered investment by the effective date established in
paragraph (2) at fair market value.
``(2) Effective date.--The effective date is established as
follows:
``(A) 180 days for an individual who is a covered
individual on the date of enactment of the Restore
Trust in Government Act.
``(B) 90 days within the date on which an
individual becomes a covered individual if such date
occurs after the date of enactment of the Restore Trust
in Government Act.
``(c) Certificates of Divestiture.--
``(1) Application of certificate of divestiture program.--
For purposes of section 1043 of the Internal Revenue Code of
1986--
``(A) this section shall be treated as a Federal
conflict of interest statute;
``(B) any covered individual described in section
13151(2)(A) shall be treated as an eligible person
described in section 1043(b)(1)(A) of such Code; and
``(C) any spouse or dependent child described in
section 13151(2)(B) shall be treated as an eligible
person described in section 1043(b)(1)(B) of such Code.
``(2) Issuance of certificate of divestiture.--
``(A) In general.--Each supervising ethics office
shall issue a certificate of divestiture to each
covered individual required to divest under this
subchapter upon submission of proof of compliance by
such individual with the requirements to divest or any
extensions granted by the supervising ethics office.
``(B) Eligibility.--Such certificate shall include
an identification of each specific property eligible
for the application of the certificate of divestiture
program as determined by the supervising ethics office.
``(d) Income Tax.--A loss from a transaction or holding involving a
covered financial instrument that is conducted in violation of this
section may not be deducted from the amount of income tax owed by the
covered individual.
``(e) Occupational Exception.--A spouse or dependent child of a
covered individual as described in section 13151(2)(B) may trade any
covered investment if such covered investment is not owned by a covered
individual and if such trade is performed as a function of the primary
occupation of the spouse or dependent child.
``(f) Trusts.--
``(1) Qualified blind trust.--Any covered investment held
in a qualified blind trust as defined in section 13104(f)(3)
shall be divested in accordance with subsection (b)(1)(B) by
the effective date established in subsection (b)(2).
``(2) Family trust.--A supervising ethics office may grant
an exemption for covered investments held in a family trust
only if--
``(A) no covered individual--
``(i) is a grantor of the family trust;
``(ii) contributed any covered investment
to the family trust; or
``(iii) has any authority over a trustee of
the family trust, including the authority to
appoint, replace, or direct the actions of such
a trustee; and
``(B) the grantor of the family trust is or was a
family member of the covered individual.
``(3) Requests.--A covered individual seeking an exemption
under paragraph (2) shall submit to the applicable supervising
ethics office a request for the exemption, in writing,
certifying that the conditions described in that paragraph are
met.
``(g) Assets Acquired in Special Circumstances.--In the event that
a covered individual acquires a covered investment after the date of
enactment of the Restore Trust in Government Act other than by purchase
(such as by marriage, inheritance, divorce settlement, or other
circumstance), the covered individual shall have 90 days from the date
on which such investment was acquired to divest such covered investment
at fair market value.
``(h) Extension.--A supervising ethics office may grant a covered
individual an extension of time to comply with a divestment deadline
under this subchapter if a covered investment cannot be divested by
such deadline due to low liquidity, vesting schedules, or contractual
restrictions.
``(i) Interpretative Guidance.--The supervising ethics office shall
issue interpretive guidance on any relevant term not defined in this
subchapter.
``Sec. 13153. Penalties
``(a) In General.--
``(1) Penalties.--Any covered individual who violates the
restrictions on trading or ownership of covered investments in
section 13152 shall, at the direction of the supervising ethics
office--
``(A) pay a fee equal to ten percent of the value
of the covered investment; and
``(B) disgorge the profits of any transaction that
violates the provisions of this subchapter.
``(2) Payment of penalty to treasury.--A penalty imposed
under paragraph (1)(B) shall be payable into the Treasury of
the United States.
``(b) Payment Restrictions.--A Member of Congress may not pay any
of the penalties under this section by using amounts from the following
sources:
``(1) The Members' Representational Allowance.
``(2) The Senators' Official Personnel and Office Expense
Account.
``(3) Any contribution (as defined in section 301(8) of the
Federal Election Campaign Act of 1971 (52 U.S.C. 30101(8)))
accepted as a candidate, and any other donation received as
support for activities of the individual as a holder of Federal
office.
``(c) Publication.--Each supervising ethics office shall publish on
a publicly available website a description of--
``(1) each fine assessed by the supervising ethics office
pursuant to this section;
``(2) the reason why each such fine was assessed; and
``(3) the result of each assessment.''.
SEC. 3. PROHIBITING MEMBERS OF THE HOUSE OF REPRESENTATIVES FROM OWNING
INDIVIDUAL STOCKS.
Rule XXIII of the Rules of the House of Representatives (known as
the ``Code of Official Conduct'') is amended by redesignating clause 22
as clause 23 and inserting after clause 21 the following:
``(22) Prohibiting members of the house of
representatives from owning individual
stocks.--A Member, Delegate, or Resident
Commissioner may not own the common stock of
any individual public corporation. The Restore
Trust in Congress Act shall apply as if enacted
into law.''.
SEC. 4. PROTECTED TIME OFF.
(a) Definitions.--In this section:
(1) Commerce.--The terms ``commerce'' and ``industry or
activity affecting commerce'' mean any activity, business, or
industry in commerce or in which a labor dispute would hinder
or obstruct commerce or the free flow of commerce, and include
``commerce'' and any ``industry affecting commerce'', as
defined in paragraphs (1) and (3) of section 501 of the Labor
Management Relations Act, 1947 (29 U.S.C. 142(1) and (3)).
(2) Covered employee.--The term ``covered employee'' means
an individual who is--
(A)(i) an employee who is not covered under any
other provision of this paragraph, except that a
reference in such section to an employer shall be
considered a reference to an employer described in
paragraph (3)(A)(i)(I);
(ii) an employee of the Government
Accountability Office; or
(iii) an employee of a covered employer
described in paragraph (3)(B)(i)(IV);
(B) a State employee described in section 304(a) of
the Government Employee Rights Act of 1991 (42 U.S.C.
2000e-16c(a)), other than an applicant for employment;
(C) a covered employee (as defined in section
411(c) of title 3, United States Code);
(D) a covered employee (as defined in section 101
of the Congressional Accountability Act of 1995 (2
U.S.C. 1301)), other than an applicant for employment;
or
(E) a Federal officer or employee covered under
subchapter V of chapter 63 of title 5, United States
Code (without regard to the limitation in section
6381(1)(B) of that title).
(3) Employer.--
(A) In general.--The term ``employer'' means any
person who is--
(i)(I) a covered employer who is not
described in any other subclause of this
clause;
(II) an entity employing a State employee
described in section 304(a) of the Government
Employee Rights Act of 1991;
(III) an employing office, as defined in
section 101 of the Congressional Accountability
Act of 1995;
(IV) an employing office, as defined in
section 411(c) of title 3, United States Code;
or
(V) an employing agency covered under
subchapter V of chapter 63 of title 5, United
States Code; and
(ii) engaged in commerce (including
government), or any industry or activity
affecting commerce (including government).
(B) Covered employer.--
(i) In general.--In subparagraph (A)(i)(I),
the term ``covered employer''--
(I) means any person engaged in
commerce or in any industry or activity
affecting commerce who employs 1 or
more employees for each working day
during each of 20 or more calendar
workweeks in the current or preceding
year;
(II) includes the Government
Accountability Office and the Library
of Congress;
(III) includes--
(aa) any person who acts,
directly or indirectly, in the
interest of an employer covered
by this clause to any of the
employees of such employer; and
(bb) any successor in
interest of such an employer;
and
(IV) includes any carrier (as such
term is defined in section 1 of the
Railway Labor Act (45 U.S.C. 151)) and
any carrier by air (as described in
section 201 of such Act (45 U.S.C.
181)).
(ii) Public agency.--For purposes of clause
(i), a public agency, as defined in section
3(x) of the Fair Labor Standards Act of 1938
(29 U.S.C. 203(x)), shall be considered to be a
person engaged in commerce or in an industry or
activity affecting commerce.
(C) Predecessors.--Any reference in this paragraph
to an employer shall include a reference to any
predecessor of such employer.
(4) FLSA definitions.--The terms ``employ'', ``employee'',
``person'', and ``State'' have the meanings given the terms in
section 3 of the Fair Labor Standards Act of 1938 (29 U.S.C.
203).
(5) Paid annual leave.--The term ``paid annual leave''--
(A) means paid vacation leave and paid personal
leave provided to an employee by the employer of such
employee to be used during period in which the employee
would otherwise work; and
(B) does not include--
(i) paid or unpaid family and medical leave
provided by the employer or required by
Federal, State, or local law;
(ii) leave provided under the Family and
Medical Leave Act of 1993 (29 U.S.C. 2601, et
seq.);
(iii) sick leave provided by the employer
or required by Federal, State, or local law;
(iv) bereavement leave provided by the
employer or required by Federal, State or local
law;
(v) leave provided by the employer or
required by Federal State, or local law for
purposes related to adoption or fostering of a
child;
(vi) leave related to domestic violence,
sexual assault, or stalking provided by the
employer or required by Federal, State, or
local law;
(vii) leave provided by the employer or
required by Federal, State, or local law with
respect to a public health emergency;
(viii) absence or paid leave under workers'
compensation or a disability plan;
(ix) leave provided by the employer or
leave required to be provided by Federal,
State, or local law for holidays established by
Federal, State, or local law; or
(x) leave provided by the employer or
required by Federal, State, or local law for
jury duty, civic duty, or to vote.
(6) Rail carrier.--The term ``rail carrier'' has the
meaning given such term in section 10102 of title 49, United
States Code.
(7) Secretary.--Unless otherwise specified, the term
``Secretary'' means the Secretary of Labor.
(b) Earned Annual Leave.--
(1) Earning of paid annual leave.--
(A) Earning of annual leave.--An employer shall
provide each employee employed by the employer not less
than 1 hour of paid annual leave for every 25 hours
worked.
(B) Limitation.--
(i) In general.--For purposes of complying
with subparagraph (A), an employer may not be
required to provide more than 80 hours of paid
annual leave to an employee during any 12-month
period.
(ii) Rule of construction.--Nothing in this
subsection may be construed to preclude an
employer from providing more than 80 hours of
paid annual leave.
(C) Commencement of earning paid annual leave.--An
employee shall begin to earn paid annual leave at the
commencement of employment of such employee.
(D) Overtime exempt employee.--For purposes of this
subsection, where an employer is not required by the
Fair Labor Standards Act of 1938 to maintain and
preserve records of hours worked because an employee is
exempt from minimum wage or overtime requirements under
such Act (29 U.S.C. 213(a)), the employee shall be
deemed to work 40 hours in each workweek.
(2) Use of paid annual leave.--
(A) In general.--Paid annual leave may be used by
an employee for any reason.
(B) Timing.--Subject to subparagraphs (B) and (C)
of paragraph (3), an employee may use paid annual leave
earned by the employee as it is accrued.
(C) Rate of compensation.--
(i) In general.--An employee using paid
annual leave shall be compensated, for the
period that the employee is using such leave,
at the regular rate at which the employee would
have been paid for such period if the employee
were not using paid annual leave.
(ii) Tipped employee.--For the purposes of
clause (i), with respect to a tipped employee
(as defined in section 3(t) of the Fair Labor
Standards Act of 1938 (29 U.S.C. 203(t))), such
an employee shall be compensated, for the
period that such employee is using paid annual
leave, at a rate equivalent to the higher of--
(I) the Federal minimum wage;
(II) the applicable State minimum
wage;
(III) the applicable local or
municipal minimum wage;
(IV) any other wage required by
law; or
(V) the regular rate at which the
employee is employed.
(D) Loaning of annual leave.--
(i) Loaned leave.--An employer may loan
paid annual leave to an employee for use by
such employee in advance of the employee
earning such annual leave.
(ii) Reimbursement for loaned leave.--An
employer may require an employee of such
employer to reimburse the employer for any
annual leave loaned under clause (i) that such
employee has not earned at the time of
separation. Such reimbursement shall be at the
rate described in subparagraph (C).
(E) Increments of use of paid annual leave.--An
employer shall allow employees to use paid annual leave
in increments of the smaller of--
(i) hourly increments; or
(ii) the smallest increment of time that
the employer's payroll system uses to account
for absences or use of other time.
(F) Benefits retained during leave.--An employer
shall maintain any employment benefits (as defined in
section 101(5) of the Family and Medical Leave Act of
1993) provided to an employee during any period in
which the employee takes paid annual leave, and such
benefits shall be provided in the same manner as if the
employee had continued in employment continuously for
the duration of such leave.
(3) Procedures for use of paid annual leave.--
(A) In general.--Subject to subparagraphs (B) and
(C), an employee may use paid annual leave upon the
verbal or written request of the employee.
(B) Employee notification.--
(i) Employee notification.--An employee
shall provide notice to the employer to use
paid annual leave.
(ii) Notice described.--The Secretary shall
create sample notices for the purpose described
in clause (i).
(iii) Timing of notice.--An employer may
not require an employee to provide notice in
excess of 2 weeks in advance of the use of such
leave.
(iv) Unforeseeable use of leave.--In the
case of an unforeseeable use of leave, an
employee shall not be required to provide the
notice required under clause (i).
(C) Reasonable restrictions.--
(i) In general.--An employer may place
limited, reasonable restrictions for the
scheduling of paid annual leave for a bona fide
business reason and may reject a scheduling
request for such leave for a bona fide business
reason, so long as the employer--
(I) provides other reasonable
alternative times, as described in
clause (ii), for the employee to
schedule such leave; and
(II) and complies with the notice
requirement described in clause (iii).
(ii) Reasonable alternatives.--A reasonable
alternative time described in this subparagraph
is a date other than the date the employee
requested to use paid annual leave that is
within 30 days of such date.
(iii) Denial notice.--In the case that an
employer denies a request of an employee to use
paid annual leave, the employer shall, not
later than 5 business days after the day the
employee made such request, provide to the
employee a written notice--
(I) detailing the bona fide
business reason for such denial; and
(II) that provides the reasonable
alternative time described in clause
(ii).
(iv) Can not prevent use of expiring
leave.--Such reasonable alternative time may
not be offered to prevent the use of paid
annual leave that is set to expire.
(D) Purpose of use of paid annual leave.--An
employer may not require an employee to disclose the
purpose or reason for which the employee is using paid
annual leave.
(E) Carryover.--An employer shall permit an
employee of such employer to carry over up to 40 hours
of any accrued and unused paid annual leave to the
following 12-month period.
(F) Prohibition on finding cover.--An employer may
not require, as a condition of taking paid annual
leave, that an employee search for or find a
replacement employee to cover the hours during which
the employee is using such annual leave.
(G) Guidance.--Not later than 180 after the date of
enactment of this Act, the Secretary shall provide
guidance to employers on compliance with subparagraph
(C), including defining the terms limited reasonable
restriction, a bona fide business reason, and a
reasonable alternative time.
(4) Procedures regarding leave for employee separation.--
(A) Compensation.--In the case that an employee
separates from an employer and such employee has unused
paid annual leave, the employer shall provide financial
compensation at a rate that is the higher of--
(i) the average regular rate received by
such employee during the last 3 years of the
employee's employment; or
(ii) the final regular rate received by the
employee.
(B) Reinstatement.--If an employee separates from
employment with an employer and is rehired within 12
months after that separation by the same employer--
(i) in the case that the employee had paid
annual leave in excess of 80 hours that was not
compensated under subparagraph (A), the
employer shall reinstate such leave for the
employee; and
(ii) the employee shall be entitled to use
such leave and earn additional paid annual
leave at the recommencement of employment with
the employer.
(c) Employer Notice and System Requirements.--
(1) Notice requirement.--An employer shall notify each
employee about the paid annual leave policy of such employer,
which shall include the information described in paragraph (2),
by--
(A) providing such information, in writing, to each
employee on or before the first day of employment of
such employee;
(B) including such information in any employee
handbook; and
(C) posting a notice containing such information in
a physical conspicuous place on the premises of the
employer or a virtual conspicuous place, where notices
to employees are customarily posted.
(2) Contents.--The information provided pursuant to
paragraph (1) shall include--
(A) any paid annual leave policy of such employer,
including any paid annual leave policy that provides
paid annual leave in excess of the requirements of this
section;
(B) information pertaining to the filing of an
action under subsection (e);
(C) details of any notice requirement the employer
may require, as described in subsection (b)(3)(B); and
(D) information regarding--
(i) the protections that an employee has in
exercising rights under this section; and
(ii) how the employee can contact the
Secretary (or other appropriate authority as
described in subsection (e)) if any such rights
are violated.
(3) System requirement.--An employer shall establish a
system, such as through an online portal, written request, or
through pay stubs, to inform each employee of the employer how
much paid annual leave each employee has earned.
(d) Prohibited Acts.--
(1) Interference with rights.--It shall be unlawful for any
employer to--
(A) violate any provision of subsection (b) or (c);
(B) discharge or discriminate against (including to
retaliate against) any individual, including a job
applicant, for exercising, or attempting to exercise,
any right provided under this section;
(C) use the taking of paid annual leave provided
under this section as a negative factor in an
employment action, such as hiring, promotion, reducing
hours or numbers of shifts, or a disciplinary action;
or
(D) count the use of such leave under a no-fault
attendance policy or any other absence-control policy.
(2) Interference with proceedings or inquiries.--It shall
be unlawful for any person to discharge or in any other manner
discriminate against (including retaliating against) any
individual, including a job applicant, because such
individual--
(A) has filed an action under subsection (e), or
has instituted or caused to be instituted any
proceeding, under this section;
(B) has given, or intends to give, any information
in connection with any inquiry or proceeding relating
to any right provided under this section; or
(C) has testified, or intends to testify, in any
inquiry or proceeding relating to any right provided
under this section.
(3) Impermissible consideration.--A violation of paragraph
(1) or (2) shall be established when a complaining party
demonstrates that any action described in subparagraphs (A),
(B), or (C) of paragraphs (1) or (2) was a motivating factor in
any such action taken against the complaining party, even
though other factors also motivated the action.
(e) Enforcement and Investigative Authority.--
(1) In general.--
(A) Definition.--In this subsection--
(i) the term ``employee'' means a covered
employee described in clause (i), (ii), or
(iii) of paragraph (2)(B); and
(ii) the term ``employer'' means an
employer described in item (aa) or (bb) of
paragraph (1)(C)(ii)(I).
(B) Investigative authority.--
(i) In general.--To ensure compliance with
this section, or any regulation or order issued
under this section, the Secretary shall have,
subject to clause (iii), the investigative
authority provided under section 11(a) of the
Fair Labor Standards Act of 1938 (29 U.S.C.
211(a)), with respect to employers, employees,
and other individuals affected by an employer.
(ii) Obligation to keep and preserve
records.--An employer shall make, keep, and
preserve records pertaining to compliance with
this section in accordance with section 11(c)
of the Fair Labor Standards Act of 1938 (29
U.S.C. 211(c)) and in accordance with
regulations prescribed by the Secretary.
(iii) Required submissions generally
limited to an annual basis.--The Secretary may
not require an employer to submit to the
Secretary any books or records more than once
during any 12-month period, unless the
Secretary has reasonable cause to believe there
may exist a violation of this act or any
regulation or order issued pursuant to this
section, or is investigating a charge pursuant
to subparagraph (D).
(iv) Subpoena authority.--For the purposes
of any investigation provided for in this
paragraph, the Secretary shall have the
subpoena authority provided for under section 9
of the Fair Labor Standards Act of 1938 (29
U.S.C. 209).
(C) Private right of action.--
(i) In general.--An action to recover
damages or equitable relief prescribed in
subparagraph (B) may be maintained against any
employer in any Federal or State court of
competent jurisdiction by an employee or
individual or a representative for and on
behalf of--
(I) the employee or individual; or
(II) the employee or individual and
others similarly situated.
(ii) Liability.--Any employer who violates
subsection (d) shall be liable to any employee
or individual affected--
(I) for damages equal to--
(aa) the amount of--
(AA) any wages,
salary, employment
benefits, or other
compensation denied or
lost by reason of the
violation; or
(BB) in a case in
which wages, salary,
employment benefits, or
other compensation have
not been denied or
lost, any actual
monetary losses
sustained as a direct
result of the violation
up to a sum equal to 80
hours of wages or
salary for the employee
or individual;
(bb) the interest on the
amount described in item (aa)
calculated at the prevailing
rate; and
(cc) an additional amount
as liquidated damages; and
(II) for such equitable relief as
may be appropriate, including
employment, reinstatement, and
promotion.
(iii) Fees and costs.--The court in an
action under this subsection shall, in addition
to any judgment awarded to the plaintiff, allow
a reasonable attorney's fee, reasonable expert
witness fees, and other costs to be paid by the
defendant.
(iv) Limitations.--
(I) In general.--Except as provided
in clause (ii), an action may be
brought under subparagraph (B) or (C)
not more than 2 years after the date of
the last event constituting the alleged
violation for which the action is
brought.
(II) Willful violation.--In the
case of an action brought for a willful
violation of subsection (d) (including
a willful violation relating to rights
provided under subsection (b)), such
action may be brought not more than 3
years after the last event constituting
the alleged violation for which such
action is brought.
(III) Commencement.--In determining
when an action is commenced under
subparagraph (B) or (C) for the
purposes of this subsection, the action
shall be considered to be commenced on
the date when the complaint is filed.
(D) Actions by the secretary.--
(i) Administrative actions.--The Secretary
shall receive, investigate, and attempt to
resolve complaints of violations of subsection
(e) in the same manner that the Secretary
receives, investigates, and attempts to resolve
complaints of violations of sections 6 and 7 of
the Fair Labor Standards Act of 1938 (29 U.S.C.
206 and 207).
(ii) Civil action.--The Secretary may bring
an action in any court of competent
jurisdiction to recover the damages described
in paragraph (1)(C)(ii).
(iii) Sums recovered.--Any sums recovered
by the Secretary pursuant to clause (ii) shall
be held in a special deposit account and shall
be paid, on order of the Secretary, directly to
each employee or individual affected. Any sums
not paid to an employee or individual affected
because of the inability to do so within a
period of 3 years shall be deposited into the
Treasury of the United States as miscellaneous
receipts.
(iv) Action for injunction by secretary.--
The district courts of the United States shall
have jurisdiction, for cause shown, in an
action brought by the Secretary--
(I) to restrain violations of
subsection (d) (including a violation
relating to rights provided under
subsection (b)), including the
restraint of any withholding of wages,
salary, employment benefits, or other
compensation, plus interest, found by
the court to be due to employees or
individuals eligible under this
section; or
(II) to award such other equitable
relief as may be appropriate, including
employment, reinstatements, and
promotion.
(v) Solicitor of labor.--The Solicitor of
Labor may appear for and represent the
Secretary on any litigation brought under this
subsection.
(2) Government accountability office and library of
congress.--Notwithstanding any other provision of this section,
in the case of the Government Accountability Office and the
Library of Congress, the authority of the Secretary under this
subsection shall be exercised respectively by the Comptroller
General of the United States and the Librarian of Congress.
(3) Employees covered by congressional accountability act
of 1995.--The powers, remedies, and procedures provided in the
Congressional Accountability Act of 1995 (2 U.S.C. 1301 et
seq.) to the Board (as defined in section 101 of that Act (2
U.S.C. 1301)), or any person, alleging a violation of section
202(a)(1) of that Act (2 U.S.C. 1312(a)(1)) shall be the
powers, remedies, and procedures this section provides to that
Board, or any person, alleging an unlawful employment practice
in violation of this section against an employee described in
subsection (a)(2)(D).
(4) Employees covered by chapter 63 of title 5, united
states code.--The powers, remedies, and procedures provided in
title 5, United States Code, to an employing agency, provided
in chapter 12 of that title to the Merit Systems Protection
Board, or provided in that title to any person, alleging a
violation of chapter 63 of that title, shall be the powers,
remedies, and procedures this section provides to that agency,
that Board, or any person, respectively, alleging an unlawful
employment practice in violation of this section against an
employee described in subsection (a)(2)(E).
(5) Remedies for state employees.--
(A) Waiver of sovereign immunity.--A State's
receipt or use of Federal financial assistance for any
program or activity of a State shall constitute a
waiver of sovereign immunity, under the 11th Amendment
of the Constitution or otherwise, to a suit brought by
an employee of that program or activity under this
section for equitable, legal, or other relief
authorized under this section.
(B) Official capacity.--An official of a State may
be sued in the official capacity of the official by any
employee who has complied with the procedures of
paragraph (1)(C), for injunctive relief that is
authorized under this section. In such a suit, the
court may award to the prevailing party those costs
authorized by section 722 of the Revised Statutes (42
U.S.C. 1988).
(C) Applicability.--With respect to a particular
program or activity, subparagraph (A) applies to
conduct occurring on or after the day, after the date
of enactment of this Act, on which a State first
receives or uses Federal financial assistance for that
program or activity.
(D) Program or activity defined.--In this
paragraph, the term ``program or activity'' has the
meaning given the term in section 606 of the Civil
Rights Act of 1964 (42 U.S.C. 2000d-4a).
(6) Collective bargaining agreement resolution.--In
addition to the enforcement mechanisms set forth in this
section, an employee or labor organization may also use a
grievance and arbitration procedure of a collective bargaining
agreement to enforce collectively bargained provisions relating
to paid annual leave.
(f) Effect on Other Laws and Existing Agreements.--
(1) State or municipal laws.--
(A) Greater leave rights.--Nothing in this section
shall be construed to supersede any provision of any
State or local law that provides greater paid annual
leave or other leave rights to employees or individuals
than the rights established under this section.
(B) Distinguish between types of leave.--For the
purposes of this paragraph, a State or municipal law
that does not distinguish between time earned for paid
annual leave and time earned for sick leave shall be
deemed a law that provides lesser paid annual leave or
other rights to employees or individuals than the
rights established under this section.
(2) More protective agreements.--Nothing in this section
shall be construed to diminish the obligation of an employer to
comply with any contract, collective bargaining agreement, or
any employment benefit program or plan that provides greater
paid annual leave or other leave rights to employees or
individuals than the rights established under this section.
(3) Less protective agreements.--The rights established for
employees under this section shall not be diminished by any
contract, collective bargaining agreement, or any employment
program or plan.
(g) Awareness Campaign.--
(1) In general.--Not later than 1 year after the date of
enactment of this Act, the Secretary shall carry out a public
awareness campaign to inform the public about the paid annual
leave established under this section, which shall include
information about--
(A) the rights provided to an employee under this
section; and
(B) resources available to an employee if the
employee believes the rights provided under this Act
have been violated.
(2) Authorization of appropriations.--There are authorized
to be appropriated such sums as are necessary to carry out this
section.
(h) Effective Dates.--
(1) Effective date.--This section shall take effect 180
days after the date of enactment of this Act.
(2) Collective bargaining agreements.--In the case of a
collective bargaining agreement in effect on the effective date
prescribed under paragraph (1), the Act shall take effect on
the earlier of--
(A) the date of the termination of such agreement;
(B) the date of any amendment, made on or after
such effective date, to such agreement; or
(C) the date that occurs 18 months after such
effective date.
SEC. 5. CLEAN ENERGY PRODUCTION CREDIT.
(a) Restoration of Phase Out.--Section 45Y(d)(3) of the Internal
Revenue Code of 1986 is amended by striking ``calendar year 2032.'' and
inserting ``means the later of--
``(A) the calendar year in which the Secretary
determines that the annual greenhouse gas emissions
from the production of electricity in the United States
are equal to or less than 25 percent of the annual
greenhouse gas emissions from the production of
electricity in the United States for calendar year
2022, or
``(B) 2032.''.
(b) Restoration of Credit for Wind and Solar Facilities.--Section
45Y(d) of such code is amended--
(1) in paragraph (1), by striking ``Subject to paragraph
(4), the amount'' and inserting ``The amount'', and
(2) by striking paragraph (4).
(c) Restoration of Credit for Wind and Solar Leasing
Arrangements.--Section 45Y of such code is amended by striking
subsection (h).
(d) Repeal of Provision for Existing Studies.--Section 45Y(b)(2)(C)
of such code is amended by striking clause (iii).
(e) Effective Dates.--The amendments made by this section shall
take effect as if included in section 70512 of Public Law 119-21.
SEC. 6. CLEAN ELECTRICITY INVESTMENT CREDIT.
(a) Repeal of Termination for Wind and Solar Facilities.--Section
48(e) of the Internal Revenue Code of 1986 is amended--
(1) in paragraph (1), by striking ``Subject to paragraph
(4), the amount'' and inserting ``The amount'', and
(2) by striking paragraph (4).
(b) Restoration of Credit for Expenditures for Wind and Solar
Leasing Arrangements.--
(1) In general.--Section 48E of such code is amended by
striking subsection (i) and by redesignating subsections (j)
and (k) as subsections (i) and (j), respectively.
(2) Conforming rule repeal.--Section 50 of such code is
amended by striking subsection (e).
(c) Restoration of Credit for Certain Energy Property.--Section
48(a)(2)(A)(ii) of such code is amended by striking ``0 percent'' and
inserting ``2 percent''.
(d) Effective Dates.--The amendments made by this section shall
take effect as if included in section 70513 of Public Law 119-21.
SEC. 7. PROVIDING COVERAGE FOR CERTAIN FALL PREVENTION ITEMS UNDER THE
MEDICARE PROGRAM.
(a) In General.--
(1) Coverage.--Section 1861 of the Social Security Act (42
U.S.C. 1395x) is amended--
(A) in subsection (n)--
(i) by striking ``and wheelchairs'' and
inserting ``wheelchairs''; and
(ii) by inserting ``, and fall prevention
items (as defined in subsection (ooo))'' after
``may prescribe)''; and
(B) by adding at the end the following new
subsection:
``(ooo) Fall Prevention Items.--The term `fall prevention items'
includes grab bars, non-slip mats, shower chairs, bed rails, and such
other items or categories of items as the Secretary may specify.''.
(2) Exclusion modification.--Section 1862(a)(1) of the
Social Security Act (42 U.S.C. 1395y(a)(1)) is amended--
(A) in subparagraph (O), by striking ``and'' at the
end;
(B) in subparagraph (P), by striking the semicolon
and inserting ``, and''; and
(C) by adding at the end the following new
subparagraph:
``(Q) in the case of fall prevention items (as
defined in section 1861(ooo)), which are not furnished
pursuant to an order of a physician or practitioner (as
described in section 1842(b)(18)(C));''.
(b) Exemption From Sequestration.--Notwithstanding any other
provision of law, payments for fall prevention items (as defined in
section 1861(ooo) of the Social Security Act, as added by subsection
(a)) under the Medicare program shall not be subject to any reduction
under a sequestration issued under the Balanced Budget and Emergency
Deficit Control Act of 1985, the Statutory Pay-As-You-Go Act of 2010,
or any other provision of law.
(c) Effective Date.--The amendments made by subsection (a) shall
apply beginning 60 days after the date of the enactment of this Act.
SEC. 8. REPEAL.
Sections 10101 through 10108 of the Act entitled ``An Act to
provide for reconciliation pursuant to title II of H. Con. Res. 14''
(Public Law 119-21; 139 Stat. 80) are repealed, and the provisions of
law amended by such sections are restored or revived as if those
provisions had not been amended by such sections.
SEC. 9. TO ENSURE GLOBAL PEACE AND SECURITY.
(a) Inspectors General and Annual Study.--Section 101 of the United
States Leadership Against HIV/AIDS, Tuberculosis, and Malaria Act of
2003 (22 U.S.C. 7611) is amended--
(1) in subsection (f)(1)--
(A) in subparagraph (A), by striking ``March 25 of
fiscal year 2025'' and inserting ``2030''; and
(B) in subparagraph (C)(iv)--
(i) by striking ``eleven'' and inserting
``sixteen''; and
(ii) by striking ``2025'' and inserting
``2030''; and
(2) in subsection (g)--
(A) in paragraph (1), by striking ``March 25,
2025'' and inserting ``September 30, 2030''; and
(B) in paragraph (2)--
(i) in the heading, by striking ``2025''
and inserting ``2030''; and
(ii) by striking ``March 25, 2025'' and
inserting ``September 30, 2030''.
(b) Participation in the Global Fund To Fight AIDS, Tuberculosis,
and Malaria.--Section 202(d) of the United States Leadership Against
HIV/AIDS, Tuberculosis, and Malaria Act of 2003 (22 U.S.C. 7622(d)) is
amended--
(1) in paragraph (4)--
(A) in subparagraph (A)--
(i) in clause (i), by striking ``March 25
of fiscal year 2025'' and inserting ``2030'';
and
(ii) in clause (ii), by striking ``March 25
of fiscal year 2025'' and inserting ``2030'';
and
(B) in subparagraph (B)(iii), by striking ``2024
and March 25 of fiscal year 2025'' and inserting
``2030''; and
(2) in paragraph (5), by striking ``2024 and for fiscal
year 2025 through March 25 of such fiscal year'' and inserting
``2030''.
(c) Allocation of Funds.--Section 403 of the United States
Leadership Against HIV/AIDS, Tuberculosis, and Malaria Act of 2003 (22
U.S.C. 7673) is amended--
(1) in subsection (b), by striking ``2024 and fiscal year
2025 through March 25 of such fiscal year'' and inserting
``2030''; and
(2) in subsection (c), in the matter preceding paragraph
(1), by striking ``2024 and for fiscal year 2025 through March
25 of such fiscal year'' and inserting ``2030''.
SEC. 10. TO SECURE THE HOMELAND AND PROTECT AMERICANS.
(a) In General.--Title VII of the Homeland Security Act of 2002 (6
U.S.C. 341 et seq.) is amended by adding at the end the following new
section:
``SEC. 714. INTELLIGENCE TRANSPARENCY AND OVERSIGHT PROGRAM OFFICE;
OMBUDS.
``(a) Establishment.--
``(1) In general.--The Secretary shall establish within the
Department an Intelligence Transparency and Oversight Program
Office (in this section referred to as the `Office') to carry
out the following:
``(A) Review and assess information concerning
intelligence activities of the Department, including
relating to the timeliness, objectivity, and
independence from political considerations of such
activities.
``(B) Facilitate departmental decisions regarding
making information publicly available in a manner that
enhances public understanding of such activities.
``(2) Ombuds.--The Office shall be headed by an Ombuds, who
shall--
``(A) be a senior, career employee;
``(B) not hold any other position within the
Department;
``(C) have a background in--
``(i) intelligence;
``(ii) civil rights enforcement; and
``(iii) addressing matters of intelligence
timeliness, objectivity, and politicization;
``(D) report directly to the Under Secretary for
Intelligence and Analysis; and
``(E) report directly to Congress with respect to
any urgent concerns.
``(b) Duties of the Ombuds.--The Ombuds shall have the following
duties:
``(1) Serve, in consultation with the Privacy Officer
appointed under section 222 and the Officer for Civil Rights
and Civil Liberties, as the Department's principal advisor
regarding the following:
``(A) Safeguarding objectivity in intelligence
activities of the Department.
``(B) Ensuring such activities are independent from
political considerations.
``(2) Remain current and well-informed of issues affecting
intelligence activities.
``(3) Promote awareness among intelligence components of
the Department of the requirement that all intelligence
activities of the Department shall be--
``(A) conducted in a manner consistent with the
protection of privacy rights, civil rights, and civil
liberties; and
``(B) objective and independent from political
considerations.
``(4) Provide, without fear of retaliation, confidential
forums to hear and help resolve individual and organizational
concerns regarding intelligence activities of the Department,
including relating to real or perceived occurrences of civil
rights or civil liberties abuses, or politicization of
analysis, biased reporting, or lack of objectivity in
intelligence collection or analysis.
``(5) Initiate reviews and make recommendations to the
heads of the intelligence components of the Department, as
appropriate, related to the matters described in paragraph (4).
``(6) Facilitate departmental decisions regarding making
information publicly available in a manner that enhances public
understanding of the intelligence activities of the Department,
while continuing to protect information when disclosure of such
information would harm homeland security.
``(7) Ensure that the functions performed by the Ombuds are
complementary to existing functions within the Department.
``(c) Coordination With Intelligence Components of the
Department.--
``(1) In general.--The heads of the intelligence components
of the Department shall each establish procedures to provide
formal responses to recommendations submitted to such officials
by the Ombuds pursuant to subsection (b)(5) within 60 days of
receiving such recommendations.
``(2) Access to information.--The Secretary shall establish
procedures to provide the Ombuds access to all departmental
information necessary to execute the responsibilities of the
Ombuds under this section. The Ombuds may submit to the
Secretary a request for such information, and not later than 60
days after receiving such a request, the Secretary shall
provide the Ombuds with such information.
``(d) Annual Reports.--Not later than one year after the enactment
of this Act and annually thereafter, the Ombuds shall submit to the
Committee on Homeland Security and the Permanent Select Committee on
Intelligence of the House of Representatives and the Committee on
Homeland Security and Governmental Affairs and the Select Committee on
Intelligence of the Senate a report on its activities, findings, and
recommendations of the Ombuds over the immediately preceding 12-month
period.
``(e) Definition.--In this section the term `intelligence activity'
means the collection, gathering, processing, analysis, production, or
dissemination of information, including homeland security information,
terrorism information, and weapons of mass destruction information.''.
(b) Clerical Amendment.--The table of contents in section 1(b) of
the Homeland Security Act of 2002 is amended by inserting after the
item relating to section 713 the following new item:
``Sec. 714. Intelligence transparency and oversight program office;
Ombuds.''.
(c) Assessment of the Major Threats to the National Security.--The
Director of the Central Intelligence Agency, in consultation with the
heads of such other elements of the intelligence community (as defined
in section 3 of the National Security Act of 1947 (50 U.S.C. 3003)) as
the Director considers appropriate, shall submit to the Permanent
Select Committee on Intelligence of the House of Representatives and
the Select Committee on Intelligence of the Senate an assessment of the
major threats to the national security of the United States.
SEC. 11. FISCAL YEAR 2027 INCREASE IN BASIC MILITARY PAY.
(a) Waiver of Section 1009 Adjustment.--The adjustment in the rates
of monthly basic pay authorized for members of the uniformed services,
to become effective during fiscal year 2027 and required by section
1009 of title 37, United States Code, shall not be made.
(b) Increase in Basic Pay.--Effective on October 1, 2026, the rates
of monthly basic pay for members of the uniformed services are
increased by four percent.
SEC. 12. INCREASE IN RATES OF WARTIME DISABILITY COMPENSATION.
Effective on October 1, 2026, the Secretary of Veterans Affairs
shall increase, by three percent, the dollar amounts in effect on
September 30, 2026, for the payment of wartime disability compensation
under section 1114 of title 38, United States Code.
SEC. 13. TO PROTECT THE GOVERNMENT'S CRITICAL INFRASTRUCTURE AND TRAIN
A CYBERSECURITY WORKFORCE.
Section 302 of the Cybersecurity Enhancement Act of 2014 (15 U.S.C.
7442) is amended--
(1) in subsection (c), by striking ``3 years'' and
inserting ``5 years''; and
(2) in subsection (j), in the matter preceding paragraph
(1)--
(A) by striking ``A loan described subsection (i)''
and inserting ``The full amount of a loan described in
subsection (i), regardless of any other limitations
placed on such loans under part D of title IV of the
Higher Education Act of 1965 (20 U.S.C. 1087a et seq.)
or any implementing regulation, order, or policy,'';
and
(B) in paragraph (1), by striking ``part D of title
IV of the Higher Education Act of 1965 (20 U.S.C. 1087a
et seq.)'' and inserting ``such part''.
SEC. 14. PROHIBITION OF OIL AND GAS LEASING IN CERTAIN AREAS OF OUTER
CONTINENTAL SHELF.
Section 8 of the Outer Continental Shelf Lands Act (43 U.S.C. 1337)
is amended by adding at the end the following:
``(q) Prohibition of Oil and Gas Leasing in Certain Areas of Outer
Continental Shelf.--Notwithstanding any other provision of this section
or any other law, the Secretary may not issue a lease for the
exploration, development, or production of oil or natural gas in any
area of the outer Continental Shelf off the coast of the State of
Maine, New Hampshire, Massachusetts, Rhode Island, or Connecticut.''.
SEC. 15. PROHIBITION ON CREDITORS AND CONSUMER REPORTING AGENCIES
CONCERNING MEDICAL INFORMATION.
The final rule issued by the Bureau of Consumer Financial
Protection titled ``Prohibition on Creditors and Consumer Reporting
Agencies Concerning Medical Information (Regulation V)'' (90 Fed. Reg.
3276; published January 14, 2025) shall have the force and effect of
law.
SEC. 16. INVEST IN SMALL BUSINESSES.
Not later than 180 days after the date of the enactment of this
Act, the Administrator of the Small Business Administration may provide
to small business concerns (as defined in section 3 of the Small
Business Act (15 U.S.C. 632))--
(1) assistance on how to hire graduates from dual or
concurrent enrollment programs; and
(2) information on dual or concurrent enrollment programs
about how students and graduates of such programs can access
resources and services of small business development centers
(as defined in section 3 of the Small Business Act (15 U.S.C.
632)) to start and expand a small business concern.
SEC. 17. APPROPRIATIONS TO PRESERVE COMPREHENSIVE EARLY EDUCATION FOR
CHILDREN.
(a) Appropriation.--There is hereby appropriated, out of any money
in the Treasury not otherwise appropriated, such amounts as may be
necessary for the Administration for Children and Families to carry out
activities under the Head Start Act at the levels specified for such
account and under the authority and conditions provided in applicable
appropriations Acts for the Department of Health and Human Services for
fiscal year 2026, to remain available through September 30, 2028.
(b) Limitation.--None of the funds made available by this section
shall be used to initiate or resume any project or activity for which
appropriations, funds, or other authority were specifically prohibited
during fiscal year 2026.
SEC. 18. REQUIREMENT IN PRESIDENT'S BUDGET SUBMISSION AND CONCURRENT
BUDGET RESOLUTION WITH RESPECT TO COST OF LIVING.
(a) President's Budget Submission.--Section 1105(a) of title 31,
United States Code, is amended by adding at the end the following:
``(39) an analysis of proposals for the fiscal year for
which the budget is submitted to lower the cost of living with
respect to healthcare, utilities, groceries, housing,
transportation, and postsecondary educational opportunities
during such fiscal year.''.
(b) Budget Resolution.--Section 301(a) of the Congressional Budget
and Impoundment Control Act of 1974 (2 U.S.C. 632(a)) is amended--
(1) in paragraph (6), by striking ``and'' at the end;
(2) in paragraph (7), by striking the period at the end and
inserting ``; and''; and
(3) by adding at the end the following:
``(8) the decrease in the cost of living for the public
with respect to healthcare, utilities, groceries, housing,
transportation, and postsecondary educational opportunities for
the fiscal year of the resolution and for each of the 4
succeeding fiscal years.''.
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