Controversial Defense Funding Bill, Shoring Up ESOP Plans, and Leave Benefits for Public Health Personnel

National Defense Authorization Act for Fiscal Year 2026 (S 2296) – Introduced by Sen. Roger Wicker (R-MS) on July 15, the Senate passed this legislation on Oct. 9. The bill is a carve-out of the 2026 budget bill intended to fund military appropriations for the 2025-2026 fiscal year. The bill was largely supported by Republicans but less so by Democrats, who are in favor of keeping the government closed until all of their budget concerns are addressed. In addition to establishing funding and policies for military and defense-related activities, the bill includes a roadmap for bomber modernization, a real-time database for contractor compliance oversight, and authorizing programs for nuclear weapons facilities. The legislation would authorize $32.1 billion over the President’s budget request, and the White House opposes provisions in the bill that thwart the President’s ability to control immigration and conduct foreign affairs, including submitting plans to Congress ahead of actions, dictating the terms of intelligence support to Ukraine, and enabling the Defense Department to bypass the Administration’s tariffs. The bill currently rests with the House, which asserts it will not return to regular session until the Senate passes the current controversial CR budget bill.

Employee Ownership Representation Act of 2025 (S 1728) – This bipartisan bill seeks to expand the membership of the Advisory Council on Employee Welfare and Pension Benefit Plans to include two representatives of employee ownership organizations. While the council presently includes 15 members from business, labor, and the public, the council has no expertise specific to Employee Stock Ownership Plans (ESOPs). The legislation was introduced by Sen. Bill Cassidy (R-LA) on May 13 and passed in the Senate on Oct. 9. It currently awaits consideration by the House.

Retire Through Ownership Act (S 2403) – The main purpose of this bill is to provide a clear definition for certain closely held stock that aligns valuations with IRS standards in an effort to mitigate valuation risk for ESOPs. It would also provide “safe harbor” for trustees relying on these guidelines. The Act was introduced by Sen. Roger Marshall (R-KS) on July 23. It passed in the Senate on Oct. 9 and currently lies with the House.

Uniformed Services Leave Parity Act (S 1440) – Introduced by Sen. Tammy Duckworth (D-IL) on April 10, this legislation would authorize leave benefits (parental leave, emergency leave) to Public Health Service (PHS) officers. The bill sponsors assert that the current lack of these important benefits is a challenge to recruiting and retaining PHS personnel, who should be on par with the same benefits offered to uniformed service members. The bill passed in the Senate on Oct. 9 and is up for review in the House.

Internal Revenue Service Math and Taxpayer Help Act (HR 998) – This bill was introduced on Feb. 5 by Rep. Randy Feenstra (R-IA). Among other provisions, it instructs the IRS to provide taxpayers with details of notices that relate to a math or clerical error. The bill passed in the House on March 31 and in the Senate on Oct. 20. It currently awaits the President’s signature to become law.

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