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H.R. 3495

U.S. House•House Floor Calendar

Summary

H.R. 3495, the Direct Seller and Real Estate Agent Harmonization Act, was introduced in the House on May 19, 2025 by Rep. Kevin Kiley (I) with 31 co-sponsors. It last saw action on Feb 11, 2026: Placed on the Union Calendar, Calendar No. 420.

Record

Text

H.R. 3495 has 31 co-sponsors.

hb3495/introduced-in-house.txt
119 HR 3495 IH: Direct Seller and Real Estate Agent Harmonization Act
 U.S. House of Representatives
 2025-05-19
 text/xml
 EN
 Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.
 I  119th CONGRESS  1st Session  H. R. 3495  IN THE HOUSE OF REPRESENTATIVES   May 19, 2025   Mr. Kiley of California  (for himself and  Mr. Cuellar ) introduced the following bill; which was referred to the  Committee on Education and Workforce    A BILL
To amend the Fair Labor Standards Act of 1938 to clarify the definition of employee as it relates to direct sellers and real estate agents, and for other purposes.
1.
Short title
This Act may be cited as the   Direct Seller and Real Estate Agent Harmonization Act  .
2.
Definitions
Section 3(e) of the Fair Labor Standards Act of 1938 ( 29 U.S.C. 203(e) ) is amended by inserting after paragraph (5) the following:
(6)
The term  employee  does not include any direct seller or qualified real estate agent (as such terms are defined in  section 3508(b)  of the Internal Revenue Code of 1986).
 .

Tracker

The tracker indicates the progress of this legislation as it moves through the legislative process.

  1. Introduced2025-05-19
  2. Passed House
  3. Passed Senate
  4. Conference
  5. To President
  6. Became Law

CRS Summary

The summaries are the Congressional Research Service’s, one per stage. Read them in full.

Reported to House Feb 11, 2026

hb3495/reported-to-house.md

Shown Here:
Reported to House (02/11/2026)

Direct Seller and Real Estate Agent Harmonization Act

This bill excludes a real estate agent or a direct seller of consumer products from the definition of an employee for the purpose of applying the Fair Labor Standards Act of 1938 (FLSA). Workers who are considered employees under the FLSA must be paid the minimum wage and are generally eligible to receive overtime compensation for hours worked in excess of a 40-hour workweek.

Sponsors

Rep. Kevin Kiley (I) sponsors H.R. 3495, and 31 members have co-sponsored it, 1 of them from the day it was introduced.

Committees

H.R. 3495 went before 1 committee: Education and Workforce.

Education and Workforce
Education and Workforce
Reported By · Feb 11, 2026 · 824 Bills

Reports

1 committee report has been filed on H.R. 3495, the latest H. Rept. 119-494.

Actions

H.R. 3495 has taken 6 actions since May 19, 2025, the latest on Feb 11, 2026.

ChamberAction
Feb 11, 2026
House
Reported (Amended) by the Committee on Education and Workforce. H. Rept. 119-494.Education and Workforce Committee
Feb 11, 2026
House
Placed on the Union Calendar, Calendar No. 420.
Sep 17, 2025
House
Committee Consideration and Mark-up Session HeldEducation and Workforce Committee
Sep 17, 2025
House
Ordered to be Reported (Amended) by the Yeas and Nays: 19 - 16.Education and Workforce Committee
May 19, 2025
House
Introduced in House

Votes

H.R. 3495 has not gone to a roll call.

Titles

H.R. 3495 goes by 4 titles, 2 of them short titles.

  • Direct Seller and Real Estate Agent Harmonization Act — Short Title(s) as Reported to House
  • Direct Seller and Real Estate Agent Harmonization Act — Display Title
  • Direct Seller and Real Estate Agent Harmonization Act — Short Title(s) as Introduced
  • To amend the Fair Labor Standards Act of 1938 to clarify the definition of employee as it relates to direct sellers and real estate agents, and for other purposes. — Official Title as Introduced

Cost estimate

The Congressional Budget Office has filed 1 estimate for H.R. 3495, the latest on Feb 3, 2026.

Lobbying

7 clients hired 7 firms and 36 registered lobbyists who named H.R. 3495 in 24 quarterly filings, 2025 to 2026. Reported under the Lobbying Disclosure Act; a filing’s income covers everything its registrant worked that quarter, so the amounts below are the filings’, not this bill’s.

Filed under Labor Issues/Antitrust/Workplace, Taxation/Internal Revenue Code, Consumer Issues/Safety/Products, Housing, Insurance, Trade (domestic/foreign), Banking, Budget/Appropriations.

Clients

Who paid to be heard, by how many filings named the bill.

ClientBusinessStateFirmsFilingsReported
ALTICOR INC—District of Columbia15—
CALIFORNIA ASSOCIATION OF REALTORS—California15—
DIRECT SELLING ASSOCIATION—District of Columbia14—
NATIONAL ASSOCIATION OF REALTORS—District of Columbia14—
USANA HEALTH SCIENCES INC.health science and nutritional supplement companyUtah13$60K
DOTERRA INTERNATIONAL LLCProducer and Developer of essential oils, wellness related productsUtah12$30K
DOTERRAdōTERRA sources, tests, manufactures, and distributes essential oils and other products.Utah11$10K

Firms

Registrants who filed on the bill, by filings.

RegistrantClientsFilingsReported
ALTICOR INC.15—
CALIFORNIA ASSOCIATION OF REALTORS15—
DIRECT SELLING ASSOCIATION14—
NATIONAL ASSOCIATION OF REALTORS14—
MICHAEL BEST STRATEGIES LLC13$60K
VAN SCOYOC ASSOCIATES12$30K
ALBA CONSULTING11$10K

Lobbyists

Named on the filings that cite the bill. The 20 named most often, of 36.

LobbyistFirmsClientsFilings
HEATHER ALFANO115
MATTHEW ROBERTS115
MICHAEL TELLIGA115
ALEXIA SMOKLER114
AUSTIN PEREZ114
BRYAN GREENE114
CAITLIN VANNOY114
COLETTE MASSENGALE114
ELAYNE WEISS114
ERIN STACKLEY114
EVAN LIDDIARD114
HELEN DEVLIN114
JOHN WEBB114
JOSEPH HARRIS114
KATHRYN CRENSHAW114
KEISHA WILKINSON114
KEN FEARS114
MATTHEW EMERY114
MATTHEW STROSS114
MYA WALKER114

Filings

The documents themselves, on the Senate’s Lobbying Disclosure site, largest reported first.

ClientRegistrantPeriodReportedDocument
NATIONAL ASSOCIATION OF REALTORSNATIONAL ASSOCIATION OF REALTORS2025 fourth_quarter$15.9M4th Quarter - Report
NATIONAL ASSOCIATION OF REALTORSNATIONAL ASSOCIATION OF REALTORS2026 first_quarter$15.5M1st Quarter - Report
NATIONAL ASSOCIATION OF REALTORSNATIONAL ASSOCIATION OF REALTORS2026 second_quarter$14.6M2nd Quarter - Report
NATIONAL ASSOCIATION OF REALTORSNATIONAL ASSOCIATION OF REALTORS2025 third_quarter$11M3rd Quarter - Report
ALTICOR INCALTICOR INC.2026 second_quarter$155K2nd Quarter - Report
ALTICOR INCALTICOR INC.2026 first_quarter$155K1st Quarter - Report
ALTICOR INCALTICOR INC.2025 fourth_quarter$155K4th Quarter - Report
ALTICOR INCALTICOR INC.2025 third_quarter$155K3rd Quarter - Report
ALTICOR INCALTICOR INC.2025 second_quarter$155K2nd Quarter - Report
CALIFORNIA ASSOCIATION OF REALTORSCALIFORNIA ASSOCIATION OF REALTORS2025 second_quarter$81.7K2nd Quarter - Report
CALIFORNIA ASSOCIATION OF REALTORSCALIFORNIA ASSOCIATION OF REALTORS2025 fourth_quarter$80K4th Quarter - Report
CALIFORNIA ASSOCIATION OF REALTORSCALIFORNIA ASSOCIATION OF REALTORS2026 first_quarter$72.9K1st Quarter - Report
CALIFORNIA ASSOCIATION OF REALTORSCALIFORNIA ASSOCIATION OF REALTORS2026 second_quarter$70.8K2nd Quarter - Report
USANA HEALTH SCIENCES INC.MICHAEL BEST STRATEGIES LLC2026 second_quarter$20K2nd Quarter - Report
DOTERRA INTERNATIONAL LLCVAN SCOYOC ASSOCIATES2026 second_quarter$20K2nd Quarter - Report
USANA HEALTH SCIENCES INC.MICHAEL BEST STRATEGIES LLC2026 first_quarter$20K1st Quarter - Report
USANA HEALTH SCIENCES INC.MICHAEL BEST STRATEGIES LLC2025 fourth_quarter$20K4th Quarter - Report
DOTERRAALBA CONSULTING2026 second_quarter$10K2nd Quarter - Report
DOTERRA INTERNATIONAL LLCVAN SCOYOC ASSOCIATES2026 first_quarter$10K1st Quarter - Report
CALIFORNIA ASSOCIATION OF REALTORSCALIFORNIA ASSOCIATION OF REALTORS2025 third_quarter$7.6K3rd Quarter - Report

Classification

The Congressional Research Service files H.R. 3495 under Labor and Employment, one of its 31 policy areas, and gives it 2 legislative subjects.

CRS Subjects

CRS assigns every bill one policy area from its 31; H.R. 3495’s is Labor and Employment.

hr3495/policy-areas.txt
Labor and EmploymentAgriculture and FoodAnimalsArmed Forces and National SecurityArts, Culture, ReligionCivil Rights and Liberties, Minority IssuesCommerceCongressCrime and Law EnforcementEconomics and Public FinanceEducationEmergency ManagementEnergyEnvironmental ProtectionFamiliesFinance and Financial SectorForeign Trade and International FinanceGovernment Operations and PoliticsHealthHousing and Community DevelopmentImmigrationInternational AffairsLawNative AmericansPublic Lands and Natural ResourcesScience, Technology, CommunicationsSocial WelfareSports and RecreationTaxationTransportation and Public WorksWater Resources Development

Legislative Subjects

H.R. 3495 carries 2 of CRS’s legislative subjects, from Labor standards to Self-employed.

hr3495/subjects.txt
Labor standardsSelf-employed

Constitutional authority

The clause the sponsor cites as Congress’s power to enact H.R. 3495, as entered in the Congressional Record.

[Congressional Record Volume 171, Number 84 (Monday, May 19, 2025)][House]From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]By Mr. KILEY of California:H.R. 3495.Congress has the power to enact this legislation pursuantto the following:Article I Section 8[Page H2147]

Source: congress.gov · legiscan.com