IB 
Union Calendar No. 432 
119TH CONGRESS 
2D SESSION 
H. R. 1320 
[Report No. 119–506] 
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. 
IN THE HOUSE OF REPRESENTATIVES 
FEBRUARY 13, 2025 
Mr. KILEY of California (for himself and Mr. MESSMER) introduced the fol-
lowing bill; which was referred to the Committee on Education and Work-
force 
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] 
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A BILL 
To ensure that the provision of portable benefits to an indi-
vidual is not considered in determining whether such 
individual is an employee of a person. 
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Be it enacted by the Senate and House of Representa-
tives 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 enact-
ment 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 ‘‘ben-
efit’’ includes— 
(1) a benefit, including a protection, that is pro-
vided to an individual for work performed for another 
person that the individual may maintain without re-
gard to whether the individual continues to perform 
work for such person; 
(2) a benefit, including a protection, that is com-
monly 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 
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(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 sub-
paragraphs (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.’’. 
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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 per-
son. 
FEBRUARY 20, 2026 
Reported with amendments, committed to the Committee 
of the Whole House on the State of the Union, and or-
dered to be printed 
VerDate Sep 11 2014 
18:59 Feb 20, 2026
Jkt 069200
PO 00000
Frm 00006
Fmt 6651
Sfmt 6651
E:\BILLS\H1320.RH
H1320
kjohnson on DSK7ZCZBW3PROD with $$_JOB