Section 1 Short title; table of contents
Short title— This Act may be cited as the “Improving the Lives of the American People Act”.
Improving the Lives of the American People Act
A BILL
To improve the lives of the American people, and for other purposes.
Sec. 2 119h6731ihRestrictions on trade and ownership of covered investments
Short title— This section may be cited as the “Restore Trust in Government Act”.
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:
Restrictions— Chapter 131 of title 5, United States Code, is amended by adding at the end a new subchapter:
“IV Restrictions on trade and ownership of covered investments
“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.
“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.
“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 119H4763 Protected Time Off
Definitions— In this section:
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)).
Covered employee— The term covered employee means an individual who is—
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);
an employee of the Government Accountability Office; or
an employee of a covered employer described in paragraph (3)(B)(i)(IV);
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;
a covered employee (as defined in section 411(c) of title 3, United States Code);
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
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).
Employer—
In general— The term employer means any person who is—
a covered employer who is not described in any other subclause of this clause;
an entity employing a State employee described in section 304(a) of the Government Employee Rights Act of 1991;
an employing office, as defined in section 101 of the Congressional Accountability Act of 1995;
an employing office, as defined in section 411(c) of title 3, United States Code; or
an employing agency covered under subchapter V of chapter 63 of title 5, United States Code; and
engaged in commerce (including government), or any industry or activity affecting commerce (including government).
Covered employer—
In general— In subparagraph (A)(i)(I), the term covered employer—
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;
includes the Government Accountability Office and the Library of Congress;
includes—
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
any successor in interest of such an employer; and
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)).
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.
Predecessors— Any reference in this paragraph to an employer shall include a reference to any predecessor of such employer.
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).
Paid annual leave— The term paid annual leave—
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
does not include—
paid or unpaid family and medical leave provided by the employer or required by Federal, State, or local law;
leave provided under the Family and Medical Leave Act of 1993 (29 U.S.C. 2601, et seq.);
sick leave provided by the employer or required by Federal, State, or local law;
bereavement leave provided by the employer or required by Federal, State or local law;
leave provided by the employer or required by Federal State, or local law for purposes related to adoption or fostering of a child;
leave related to domestic violence, sexual assault, or stalking provided by the employer or required by Federal, State, or local law;
leave provided by the employer or required by Federal, State, or local law with respect to a public health emergency;
absence or paid leave under workers' compensation or a disability plan;
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
leave provided by the employer or required by Federal, State, or local law for jury duty, civic duty, or to vote.
Rail carrier— The term rail carrier has the meaning given such term in section 10102 of title 49, United States Code.
Secretary— Unless otherwise specified, the term Secretary means the Secretary of Labor.
Earned annual leave—
Earning of paid annual leave—
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.
Limitation—
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.
Rule of construction— Nothing in this subsection may be construed to preclude an employer from providing more than 80 hours of paid annual leave.
Commencement of earning paid annual leave— An employee shall begin to earn paid annual leave at the commencement of employment of such employee.
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.
Use of paid annual leave—
In general— Paid annual leave may be used by an employee for any reason.
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.
Rate of compensation—
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.
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—
the Federal minimum wage;
the applicable State minimum wage;
the applicable local or municipal minimum wage;
any other wage required by law; or
the regular rate at which the employee is employed.
Loaning of annual leave—
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.
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).
Increments of use of paid annual leave— An employer shall allow employees to use paid annual leave in increments of the smaller of—
hourly increments; or
the smallest increment of time that the employer’s payroll system uses to account for absences or use of other time.
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.
Procedures for use of paid annual leave—
In general— Subject to subparagraphs (B) and (C), an employee may use paid annual leave upon the verbal or written request of the employee.
Employee notification—
Employee notification— An employee shall provide notice to the employer to use paid annual leave.
Notice described— The Secretary shall create sample notices for the purpose described in clause (i).
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.
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).
Reasonable restrictions—
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—
provides other reasonable alternative times, as described in clause (ii), for the employee to schedule such leave; and
and complies with the notice requirement described in clause (iii).
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.
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—
detailing the bona fide business reason for such denial; and
that provides the reasonable alternative time described in clause (ii).
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.
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.
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.
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.
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.
Procedures regarding leave for employee separation—
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—
the average regular rate received by such employee during the last 3 years of the employee’s employment; or
the final regular rate received by the employee.
Reinstatement— If an employee separates from employment with an employer and is rehired within 12 months after that separation by the same employer—
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
the employee shall be entitled to use such leave and earn additional paid annual leave at the recommencement of employment with the employer.
Employer notice and system requirements—
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—
providing such information, in writing, to each employee on or before the first day of employment of such employee;
including such information in any employee handbook; and
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.
Contents— The information provided pursuant to paragraph (1) shall include—
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;
information pertaining to the filing of an action under subsection (e);
details of any notice requirement the employer may require, as described in subsection (b)(3)(B); and
information regarding—
the protections that an employee has in exercising rights under this section; and
how the employee can contact the Secretary (or other appropriate authority as described in subsection (e)) if any such rights are violated.
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.
Prohibited acts—
Interference with rights— It shall be unlawful for any employer to—
violate any provision of subsection (b) or (c);
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;
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
count the use of such leave under a no-fault attendance policy or any other absence-control policy.
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—
has filed an action under subsection (e), or has instituted or caused to be instituted any proceeding, under this section;
has given, or intends to give, any information in connection with any inquiry or proceeding relating to any right provided under this section; or
has testified, or intends to testify, in any inquiry or proceeding relating to any right provided under this section.
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.
Enforcement and investigative authority—
In general—
Definition— In this subsection—
the term employee means a covered employee described in clause (i), (ii), or (iii) of paragraph (2)(B); and
the term employer means an employer described in item (aa) or (bb) of paragraph (1)(C)(ii)(I).
Investigative authority—
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.
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.
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).
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).
Private right of action—
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—
the employee or individual; or
the employee or individual and others similarly situated.
Liability— Any employer who violates subsection (d) shall be liable to any employee or individual affected—
for damages equal to—
the amount of—
any wages, salary, employment benefits, or other compensation denied or lost by reason of the violation; or
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;
the interest on the amount described in item (aa) calculated at the prevailing rate; and
an additional amount as liquidated damages; and
for such equitable relief as may be appropriate, including employment, reinstatement, and promotion.
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.
Limitations—
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.
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.
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.
Actions by the Secretary—
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).
Civil action— The Secretary may bring an action in any court of competent jurisdiction to recover the damages described in paragraph (1)(C)(ii).
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.
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—
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
to award such other equitable relief as may be appropriate, including employment, reinstatements, and promotion.
Solicitor of Labor— The Solicitor of Labor may appear for and represent the Secretary on any litigation brought under this subsection.
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.
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).
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).
Remedies for State employees—
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.
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).
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.
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).
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.
Effect on other laws and existing agreements—
State or municipal laws—
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.
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.
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.
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.
Awareness campaign—
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—
the rights provided to an employee under this section; and
resources available to an employee if the employee believes the rights provided under this Act have been violated.
Authorization of appropriations— There are authorized to be appropriated such sums as are necessary to carry out this section.
Effective dates—
Effective date— This section shall take effect 180 days after the date of enactment of this Act.
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—
the date of the termination of such agreement;
the date of any amendment, made on or after such effective date, to such agreement; or
the date that occurs 18 months after such effective date.
Sec. 5 Clean energy production credit
Restoration of phase out— Section 45Y(d)(3) of the Internal Revenue Code of 1986 is amended by striking “calendar year 2032.” and inserting
“(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.”
Restoration of credit for wind and solar facilities— Section 45Y(d) of such code is amended—
in paragraph (1), by striking “Subject to paragraph (4), the amount” and inserting “The amount”, and
by striking paragraph (4).
Restoration of credit for wind and solar leasing arrangements— Section 45Y of such code is amended by striking subsection (h).
Repeal of provision for existing studies— Section 45Y(b)(2)(C) of such code is amended by striking clause (iii).
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
Repeal of termination for wind and solar facilities— Section 48(e) of the Internal Revenue Code of 1986 is amended—
in paragraph (1), by striking “Subject to paragraph (4), the amount” and inserting “The amount”, and
by striking paragraph (4).
Restoration of credit for expenditures for wind and solar leasing arrangements—
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.
Conforming rule repeal— Section 50 of such code is amended by striking subsection (e).
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”.
Effective dates— The amendments made by this section shall take effect as if included in section 70513 of Public Law 119–21.
Sec. 7 119H5554Providing coverage for certain fall prevention items under the Medicare program
In general—
in subsection (n)—
by striking “and wheelchairs” and inserting “wheelchairs”; and
by inserting “, and fall prevention items (as defined in subsection (ooo))” after “may prescribe)”; and
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.”
Exclusion modification— Section 1862(a)(1) of the Social Security Act (42 U.S.C. 1395y(a)(1)) is amended—
in subparagraph (O), by striking “and” at the end;
in subparagraph (P), by striking the semicolon and inserting “, and”; and
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));”
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.
Effective date— The amendments made by subsection (a) shall apply beginning 60 days after the date of the enactment of this Act.
Sec. 8 119H6088Repeal
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 119H6651ehTo ensure global peace and security
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—
in subsection (f)(1)—
in subparagraph (A), by striking “March 25 of fiscal year 2025” and inserting “2030”; and
in subparagraph (C)(iv)—
by striking “eleven” and inserting “sixteen”; and
by striking “2025” and inserting “2030”; and
in subsection (g)—
in paragraph (1), by striking “March 25, 2025” and inserting “September 30, 2030”; and
in paragraph (2)—
in the heading, by striking “2025” and inserting “2030”; and
by striking “March 25, 2025” and inserting “September 30, 2030”.
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—
in paragraph (4)—
in subparagraph (A)—
in clause (i), by striking “March 25 of fiscal year 2025” and inserting “2030”; and
in clause (ii), by striking “March 25 of fiscal year 2025” and inserting “2030”; and
in subparagraph (B)(iii), by striking “2024 and March 25 of fiscal year 2025” and inserting “2030”; and
in paragraph (5), by striking “2024 and for fiscal year 2025 through March 25 of such fiscal year” and inserting “2030”.
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—
in subsection (b), by striking “2024 and fiscal year 2025 through March 25 of such fiscal year” and inserting “2030”; and
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 119H7435To secure the homeland and protect Americans
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:
“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.”
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:
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
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.
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 119H494To 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—
in subsection (c), by striking “3 years” and inserting “5 years”; and
in subsection (j), in the matter preceding paragraph (1)—
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
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 119H2865 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))—
assistance on how to hire graduates from dual or concurrent enrollment programs; and
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
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.
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
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.”
Budget resolution— Section 301(a) of the Congressional Budget and Impoundment Control Act of 1974 (2 U.S.C. 632(a)) is amended—
in paragraph (6), by striking “and” at the end;
in paragraph (7), by striking the period at the end and inserting “; and”; and
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.”