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H. R. 1320 To ensure that the provision of portable benefits to an individual is not considered in determining whether such individual is an employee of a person.
Summary
The bill prohibits the provision of portable benefits from being considered when determining whether an individual is an employee under any federal law. A "benefit" is broadly defined to include protections that workers can maintain without continuing employment, as well as benefits commonly provided to full-time employees such as health insurance, workers' compensation, paid leave, retirement savings, and skills training. The bill specifies that employer, employee, or combined contributions toward such benefits are included in this definition. This provision applies to all federal law employment status determinations and takes effect upon enactment.
AI-generated plain-language summary of the bill text — neutral, and may be imperfect. See the full text below for the exact wording.
Sponsor (1)
- Rep. Kiley, Kevin [R-CA-3] (R-CA)
9 cosponsors
- Rep. Baumgartner, Michael [R-WA-5] (R-WA)
- Rep. Carter, Earl L. "Buddy" [R-GA-1] (R-GA)
- Rep. Grothman, Glenn [R-WI-6] (R-WI)
- Rep. Kean, Thomas H. [R-NJ-7] (R-NJ)
- Rep. Messmer, Mark [R-IN-8] (R-IN)
- Rep. Miller, Mary E. [R-IL-15] (R-IL)
- Rep. Onder, Robert F. [R-MO-3] (R-MO)
- Rep. Owens, Burgess [R-UT-4] (R-UT)
- Rep. Stefanik, Elise M. [R-NY-21] (R-NY)
Money behind the sponsor
Top reported contributors to Kevin Kiley’s campaign committee (2024 cycle) — who funds the bill’s sponsor, not a claim about this bill. Data from FEC.
- SOVEREIGN NATION $17,700
- NULL $14,855
- LECAVALIER CELLARS $13,200
- STARKEY HEARING TECHNOLOGIES $13,200
- BRODIE GENERATIONAL CAPITAL PARTNERS $13,200
Organizations whose employees gave the most — itemized individual contributions grouped by the donor’s reported employer (FEC Schedule A). Full finance for Kevin Kiley → · Outside spending →
Actions (6)
- Feb 20, 2026 Placed on the Union Calendar, Calendar No. 432. · house
- Feb 20, 2026 Reported (Amended) by the Committee on Education and Workforce. H. Rept. 119-506. · house
- Jul 23, 2025 Ordered to be Reported in the Nature of a Substitute by the Yeas and Nays: 19 - 16. · house
- Jul 23, 2025 Committee Consideration and Mark-up Session Held · house
- Feb 13, 2025 Referred to the House Committee on Education and Workforce. · house
- Feb 13, 2025 Introduced in House
More bills on these subjects (8)
Other bills that carry the most legislative subjects in common with this one (topical discovery — distinct from the procedural related bills above).
Similar bills (6)
Bills with similar text or summary — includes reintroductions across Congresses. Ranked by semantic similarity of the bill text (computed locally); a neutral discovery aid, not a claim the bills are duplicates.
Text versions (2)
Bills are re-published as they move (Introduced → Reported → Engrossed → Enrolled …). Each stage below is a separate text; pick two to see what changed. Data from Congress.gov.
Full text
IN THE HOUSE OF REPRESENTATIVES
February 13, 2025
Mr. Kiley of California (for himself and Mr. Messmer) introduced the following bill; which was referred to the Committee on Education and Workforce
February 20, 2026
Additional sponsors: Mr. Kean, Mr. Carter of Georgia, Mr. Owens, Mr. Onder, Mr. Grothman, Mr. Baumgartner, Ms. Stefanik, and Mrs. Miller of Illinois
February 20, 2026
Reported with amendments, committed to the Committee of the Whole House on the State of the Union, and ordered to be printed [Strike out all after the enacting clause and insert the part printed in italic] [For text of introduced bill, see copy of bill as introduced on February 13, 2025]
A BILL
To ensure that the provision of portable benefits to an individual is not considered in determining whether such individual is an employee of a person.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the “Modern Worker Security Act”.
SEC. 2. PROHIBITION ON CONSIDERATION OF BENEFITS.
(a) Prohibition.—Beginning on the date of enactment of this Act, for the purposes of any Federal law, a determination of whether an individual is an employee of a person shall be made without considering whether such person provides a benefit to the individual.
(b) Benefit Defined.—In this Act, the term “benefit” includes—
(1) a benefit, including a protection, that is provided to an individual for work performed for another person that the individual may maintain without regard to whether the individual continues to perform work for such person;
(2) a benefit, including a protection, that is commonly provided to a full-time employee (such as workers’ compensation, skills training, professional development, paid leave, disability coverage, health insurance coverage, retirement savings, and short-term savings); and
(3) a contribution, financial or otherwise, with respect to a benefit described in paragraph (1) or (2) that is—
(A) made on behalf of an individual by a person in connection with work performed by the individual for the person;
(B) made by the individual; or
(C) made through a combination of subparagraphs (A) and (B). Amend the title so as to read: “A bill to prohibit the consideration of benefits when determining whether an individual is an employee of a person.”. Union Calendar No. 432
119th CONGRESS
2d Session
H. R. 1320
[Report No. 119-506]
A BILL
To ensure that the provision of portable benefits to an individual is not considered in determining whether such individual is an employee of a person.
February 20, 2026
Reported with amendments, committed to the Committee of the Whole House on the State of the Union, and ordered to be printed
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