I 
116TH CONGRESS 
2D SESSION 
H. R. 7341 
To provide support and flexibility for the Federal workforce during the 
COVID–19 pandemic, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
JUNE 25, 2020 
Mr. CONNOLLY (for himself, Mrs. CAROLYN B. MALONEY of New York, Ms. 
NORTON, Mr. SARBANES, Mrs. LAWRENCE, Mr. LYNCH, Mr. RASKIN, Mr. 
GOMEZ, and Ms. SPEIER) introduced the following bill; which was re-
ferred to the Committee on Oversight and Reform, and in addition to the 
Committees on House Administration, the Judiciary, Ways and Means, 
and Education and Labor, for a period to be subsequently determined by 
the Speaker, in each case for consideration of such provisions as fall with-
in the jurisdiction of the committee concerned 
A BILL 
To provide support and flexibility for the Federal workforce 
during the COVID–19 pandemic, and for other purposes. 
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 ‘‘Federal Workforce 
Health and Safety During the Pandemic Act’’. 
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SEC. 2. REIMBURSEMENT FOR CHILD AND FAMILY CARE 
FOR FEDERAL EMPLOYEES DURING COVID–19 
PANDEMIC. 
(a) IN GENERAL.—During the period beginning on 
the date of enactment of this Act and ending on December 
31, 2020, any employee who is unable to care for a de-
pendent child of the employee or a relative of the employee 
who has COVID–19 as a result of the employee being re-
quired to report to their duty station (either permanent 
or temporary) or to telework shall be entitled to reim-
bursement for the costs of such care. 
(b) APPLICATION.— 
(1) IN GENERAL.—Any payment provided by 
operation of subsection (a) shall be paid on a month-
ly basis, with payments being made to the employee 
on the last day of each month. 
(2) SUBMISSION OF RECEIPTS.—For purposes 
of determining reimbursement amounts, each em-
ployee shall submit to their employing office receipts 
or other documents as the office may require. 
(3) LIMIT.—Reimbursement may not be paid to 
any employee under this section for any month in an 
amount greater than $2,000 per child or relative. 
(c) DEFINITIONS.—In this section— 
(1) the term ‘‘employee’’ means— 
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(A) an employee of the Library of Con-
gress; 
(B) an employee of the Government Ac-
countability Office; 
(C) a covered employee as defined in sec-
tion 101 of the Congressional Accountability 
Act of 1995 (2 U.S.C. 1301), other than an ap-
plicant for employment; 
(D) a covered employee as defined in sec-
tion 411(c) of title 3, United States Code; 
(E) a Federal officer or employee covered 
under subchapter V of chapter 63 of title 5, 
United States Code; or 
(F) any other individual occupying a posi-
tion in the civil service (as that term is defined 
in section 2101(1) of title 5, United States 
Code); and 
(2) the terms ‘‘dependent child’’ and ‘‘relative’’ 
have the meaning given those terms in paragraphs 
(2) and (16), respectively, of section 109 of the Eth-
ics in Government Act of 1978 (5 U.S.C. App.). 
SEC. 3. REQUIREMENT TO TELEWORK. 
(a) IN GENERAL.—Effective immediately upon the 
date of enactment of this Act, the head of any Federal 
agency shall require any employee of such agency who is 
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authorized to telework under chapter 65 of title 5, United 
States Code, or any other provision of law, to telework 
during the period beginning on the date of enactment of 
this Act and ending on December 31, 2020. 
(b) DEFINITIONS.—In this section— 
(1) the term ‘‘employee’’ has the meaning given 
that term in section 2(c)(1); and 
(2) the term ‘‘telework’’ has the meaning given 
that term in section 6501(3) of title 5, United 
States Code. 
SEC. 4. WEATHER AND SAFETY LEAVE FOR COVID–19. 
(a) WEATHER AND SAFETY LEAVE.— 
(1) IN GENERAL.—Notwithstanding any other 
provision of law, including subsection (b) of section 
6329c of title 5, United States Code, during the pe-
riod beginning on the date of enactment of this Act 
and ending on December 31, 2020, any employee 
who is prevented from safely traveling to or per-
forming work at an approved location as a result of 
the COVID–19 pandemic, or who is prevented from 
performing work in order to care for a child, relative 
of the employee, or other individual as a result of 
the COVID–19 pandemic, shall be provided weather 
and safety leave under such section. 
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(2) 
RULE
OF
CONSTRUCTION.—Notwith-
standing subparagraph (B) of subsection (a)(2)(B) 
of such section 6329c, intermittent employees de-
scribed in such subparagraph shall be eligible for the 
leave provided by paragraph (1) of this subsection. 
(3) DEFINITION OF EMPLOYEE.—In this sub-
section, the term ‘‘employee’’ has the meaning given 
that term in section 2(c)(1). 
(b) APPROVED LOCATION.—Section 6329c(a) of title 
5, United States Code, is amended— 
(1) by striking ‘‘and’’ at the end of paragraph 
(1); 
(2) by striking the period at the end of para-
graph (2) and inserting ‘‘; and’’; and 
(3) by adding at the end the following: 
‘‘(3) the term ‘approved location’ means any lo-
cation at which an employee has been approved to 
perform work, including any Federal office, a tele-
working site, or other location as determined by the 
head of the agency at which the employee is em-
ployed.’’. 
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SEC. 5. EFFECT OF DEPENDENT CARE ON TELEWORK ELI-
GIBILITY. 
(a) TITLE 5 EMPLOYEES.—Section 6502(a) of title 
5, United States Code, is amended by adding at the end 
the following new paragraph: 
‘‘(3) DEPENDENT CARE.— 
‘‘(A) IN GENERAL.—The presence of a de-
pendent individual at the location from which 
an employee teleworks shall have no effect on 
the eligibility of such employee to telework if 
such dependent individual is cared for by a 
caregiver other than such employee while such 
employee is teleworking. 
‘‘(B) TEMPORARY
UNAVAILABILITY
OF 
CAREGIVER.—The temporary unavailability of a 
caregiver described in subparagraph (A) does 
not affect the eligibility of the relevant em-
ployee to telework if— 
‘‘(i) such unavailability is due to un-
usual or extraordinary circumstances; and 
‘‘(ii) an alternative caregiver is not 
reasonably available. 
‘‘(C) 
DEPENDENT
INDIVIDUAL
DE-
FINED.—In this paragraph, the term ‘depend-
ent individual’ means a dependent child or rel-
ative (as such terms are defined in paragraphs 
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(2) and (16), respectively, of section 109 of the 
Ethics in Government Act of 1978 (5 U.S.C. 
App.)) who is dependent on the employee for 
care.’’. 
(b) OTHER APPLICABLE EMPLOYEES.—With respect 
to any employee not covered under chapter 65 of title 5, 
United States Code, the terms and conditions with respect 
to dependent care and teleworking under section 
6502(a)(3) of such title (as added by subsection (a)) shall 
apply. In this subsection, the term ‘‘employee’’ has the 
meaning given that term under section 2(c)(1), but does 
not include an employee as defined in section 6501(1) of 
such title. 
(c) RULE OF CONSTRUCTION.—Nothing in this sec-
tion shall alter or otherwise affect the rights, remedies, 
and procedures related to dependent care under the terms 
of any collective bargaining agreement. 
SEC. 6. PRESUMPTION OF ELIGIBILITY FOR WORKERS’ 
COMPENSATION 
BENEFITS 
FOR 
FEDERAL 
EMPLOYEES 
DIAGNOSED 
WITH 
CORONAVIRUS. 
(a) IN GENERAL.—An employee who is diagnosed 
with COVID–19 during the period described in subsection 
(b)(2)(A) shall, with respect to any claim made by or on 
behalf of the employee for benefits under subchapter I of 
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chapter 81 of title 5, United States Code, be deemed to 
have an injury proximately caused by exposure to 
coronavirus arising out of the nature of the employee’s em-
ployment and be presumptively entitled to such benefits, 
including disability compensation, medical services, and 
survivor benefits. 
(b) DEFINITIONS.—In this section— 
(1) the term ‘‘coronavirus’’ means SARS–CoV– 
2 or another coronavirus with pandemic potential; 
and 
(2) the term ‘‘employee’’— 
(A) means an employee as that term is de-
fined in section 8101(1) of title 5, United 
States Code, (including an employee of the 
United States Postal Service, the Transpor-
tation Security Administration, or the Depart-
ment of Veterans Affairs, including any indi-
vidual appointed under chapter 73 or 74 of title 
38, United States Code) employed in the Fed-
eral service at anytime during the period begin-
ning on January 27, 2020, and ending on Jan-
uary 30, 2022— 
(i) who carried out duties requiring 
contact with patients, members of the pub-
lic, or co-workers; or 
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(ii) whose duties include a risk of ex-
posure to the coronavirus; and 
(B) does not include any employee other-
wise covered by subparagraph (A) who is tele-
working on a full-time basis during all of such 
period. 
SEC. 7. PANDEMIC DUTY DIFFERENTIAL. 
(a) DEFINITIONS.—In this section— 
(1) the term ‘‘agency’’— 
(A) means— 
(i) each agency, office, or other estab-
lishment in the executive, legislative, or ju-
dicial branch of the Federal Government, 
including— 
(I) an Executive agency, as that 
term is defined in section 105 of title 
5, United States Code; 
(II) a military department, as 
that term is defined in section 102 of 
title 5, United States Code; 
(III) the Federal Aviation Ad-
ministration; 
(IV) the Transportation Security 
Administration; 
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(V) the Department of Veterans 
Affairs; 
(VI) the United States Postal 
Service and the Postal Regulatory 
Commission; and 
(VII) the Government Account-
ability Office; 
(ii) the District of Columbia courts 
and the District of Columbia Public De-
fender Service; and 
(iii)(I) an Indian tribe or tribal orga-
nization carrying out a contract or com-
pact under the Indian Self-Determination 
and Education Assistance Act (25 U.S.C. 
5301 et seq.); 
(II) an Indian tribe or tribal organiza-
tion that receives a grant under the Trib-
ally Controlled Schools Act of 1988 (25 
U.S.C. 2501 et seq.); and 
(III) an urban Indian organization 
that receives a grant or carries out a con-
tract under title V of the Indian Health 
Care Improvement Act (25 U.S.C. 1651 et 
seq.); and 
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(B) does not include a nonappropriated 
fund instrumentality under the jurisdiction of 
the Armed Forces; 
(2) the term ‘‘covered duty’’— 
(A) means duty that requires— 
(i) an employee to have regular or 
routine contact with the public; or 
(ii) the reporting of an employee to a 
worksite at which— 
(I) social distancing is not pos-
sible, consistent with the regularly as-
signed duties of the position of the 
employee; and 
(II) other preventative measures 
with respect to COVID–19 are not 
available; and 
(B) does not include duty that an employee 
performs while teleworking from a residence; 
(3) the term ‘‘covered period’’ means the period 
beginning on the date on which the Secretary of 
Health and Human Services declared a public health 
emergency under section 319 of the Public Health 
Service Act (42 U.S.C. 247d) with respect to 
COVID–19 and ending on the date that is 60 days 
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after the date on which that public health emergency 
terminates; 
(4) the term ‘‘employee’’— 
(A) means an employee of an agency; 
(B) includes— 
(i) any employee of an agency who oc-
cupies a position within the General Sched-
ule under subchapter III of chapter 53 of 
title 5, United States Code; 
(ii) any employee of an agency whose 
pay is fixed and adjusted from time to 
time in accordance with prevailing rates 
under subchapter IV of chapter 53 of title 
5, United States Code, or by a wage board 
or similar administrative authority serving 
the same purpose; 
(iii) an official or employee of an In-
dian tribe, tribal organization, or urban In-
dian organization described in paragraph 
(1)(A)(iii); 
(iv) each employee of the Department 
of Veterans Affairs, including an employee 
appointed under chapter 74 of title 38, 
United States Code, without regard to 
whether section 7421(a) of that title, sec-
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tion 7425(b) of that title, or any other pro-
vision of chapter 74 of that title is incon-
sistent with that inclusion; and 
(v) any other individual occupying a 
position in the civil service, as that term is 
defined in section 2101 of title 5, United 
States Code; and 
(C) does not include— 
(i) a member of the uniformed serv-
ices, as that term is defined in section 
2101 of title 5, United States Code; 
(ii) an employee of an agency who oc-
cupies a position within the Executive 
Schedule under any of sections 5312 
through 5316 of title 5, United States 
Code; 
(iii) an individual in a Senior Execu-
tive Service position, unless the individual 
is a career appointee, as those terms are 
defined in section 3132(a) of title 5, 
United States Code; 
(iv) an individual serving in a position 
of a confidential or policy-determining 
character under Schedule C of subpart C 
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of part 213 of title 5, Code of Federal 
Regulations, or any successor regulations; 
(v) a member of the Senate or House 
of Representatives, a Delegate to the 
House of Representatives, or the Resident 
Commissioner from Puerto Rico; or 
(vi) an employee of the personal office 
of an individual described in clause (v), of 
a leadership office of the Senate or the 
House of Representatives, of a committee 
of the Senate or the House of Representa-
tives, or of a joint committee of Congress; 
and 
(5) the term ‘‘employer payroll taxes’’ means— 
(A) taxes imposed under sections 3111(b), 
3221(a) (but only to the extent attributable to 
the portion of such tax attributable to the tax 
imposed by section 3111(b)), 3221(b), and 
3301 of the Internal Revenue Code of 1986; 
and 
(B) taxes imposed by a State or local gov-
ernment on an employer with respect to 
amounts paid by such employer for work by em-
ployees. 
(b) PANDEMIC DUTY DIFFERENTIAL.— 
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(1) IN GENERAL.—There is established a sched-
ule of pay differentials for covered duty as follows: 
(A) An employee is entitled to pay for that 
covered duty at the rate of basic pay, which in-
cludes any differential or other premium pay 
paid for regularly scheduled work of the em-
ployee other than the differential established 
under this section, of the employee plus pre-
mium pay of $13 per hour. 
(B) The total amount of premium pay paid 
to an employee under subparagraph (A) shall 
be— 
(i) with respect to an employee whose 
annual rate of basic pay is less than 
$200,000, not more than $10,000 reduced 
by employer payroll taxes with respect to 
such premium pay; and 
(ii) with respect to an employee whose 
annual rate of basic pay is not less than 
$200,000, not more than $5,000 reduced 
by employer payroll taxes with respect to 
such premium pay. 
(2) PAY.— 
(A) IN
GENERAL.—With respect to the 
covered period, an employee is entitled to be 
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paid the applicable differential established 
under paragraph (1) for any period, including 
any period during the covered period that pre-
cedes the date of enactment of this Act, in 
which the employee is carrying out covered 
duty, subject to the applicable limitations under 
that paragraph. 
(B) RETROACTIVE
PAYMENT.—With re-
spect to a payment earned by an employee 
under this subsection for a period during the 
covered period that precedes the date of enact-
ment of this Act, the employee shall be paid 
that payment in a lump sum payment as soon 
as is practicable after that date of enactment. 
(3) GUIDANCE AND REGULATIONS.— 
(A) EXECUTIVE BRANCH.— 
(i) IN GENERAL.—The Office of Per-
sonnel Management shall develop criteria 
for agencies in the executive branch of the 
Federal Government regarding the means 
by which to determine the eligibility of an 
employee in such an agency for the pay 
differential established under this sub-
section, which shall— 
(I) be based on— 
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(aa) the duties performed by 
the employee; 
(bb) the setting in which the 
employee performs the duties de-
scribed in item (aa); and 
(cc) the interactions with the 
public required in order for the 
employee to perform the duties 
described in item (aa); and 
(II) apply equally to all such 
agencies. 
(ii) REGULATIONS.—The Office of 
Personnel Management may prescribe reg-
ulations implementing the pay differential 
under this subsection with respect to em-
ployees in the executive branch of the Fed-
eral Government. 
(B) OTHER BRANCHES, CERTAIN DC EM-
PLOYEES, AND CERTAIN TRIBAL OFFICIALS.— 
(i) IN GENERAL.—The employing au-
thority for each agency that is not in the 
executive branch of the Federal Govern-
ment— 
(I) shall develop criteria regard-
ing the means by which to determine 
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the eligibility of an employee in such 
an agency for the pay differential es-
tablished under this subsection; and 
(II) may prescribe regulations 
implementing 
the 
pay 
differential 
under this subsection with respect to 
employees in the applicable agency. 
(ii) CONSISTENCY
WITH
OPM
GUID-
ANCE
AND
REGULATIONS.—Any criteria 
developed, and regulations prescribed, by 
an agency under clause (i) shall, to the ex-
tent practicable, be comparable to any cri-
teria developed and regulations prescribed 
by the Office of Personnel Management 
under subparagraph (A). 
(c) LIMITATION ON PREMIUM PAY.— 
(1) IN GENERAL.—Notwithstanding subsections 
(a) and (b) of section 5547 of title 5, United States 
Code, or a provision of any other Federal, State, or 
Tribal law that imposes a limitation on the amount 
of premium pay (including any premium pay paid 
under subsection (b) and any overtime pay paid for 
covered duty) that may be payable to an employee, 
an employee may be paid such premium pay to the 
extent that the payment does not cause the aggre-
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gate of basic pay and such premium pay for service 
performed in that calendar year by that employee to 
exceed the annual rate of basic pay payable for level 
II of the Executive Schedule, as of the end of the 
calendar year. 
(2) APPLICABILITY OF AGGREGATE LIMITATION 
ON PAY.—In determining whether a payment to an 
employee is subject to the limitation under section 
5307(a) of title 5, United States Code, a payment 
described in paragraph (1) shall not apply. 
(3) APPLICABILITY OF CARES ACT.—The au-
thority provided under this subsection shall be con-
sidered to be in addition to, and not a replacement 
for, the authority provided under section 18110 of 
title VIII of the CARES Act (Public Law 116–136). 
(4) RETROACTIVE
EFFECT.—This subsection 
shall take effect as if enacted on the date on which 
the covered period began. 
(d) APPROPRIATION.— 
(1) APPROPRIATION.—There is hereby appro-
priated, out of any money in the Treasury not other-
wise appropriated, $10,000,000,000, to remain 
available until expended, for the offices and agencies 
described in paragraph (2) to carry out subsections 
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(b) and (c) and to make transfers authorized under 
paragraph (3) of this subsection. 
(2) OFFICES AND AGENCIES.—The offices and 
agencies described in this paragraph are— 
(A) the Office of the Sergeant at Arms and 
Doorkeeper of the Senate; 
(B) the Office of the Clerk of the House 
of Representatives; 
(C) the Office of the Sergeant at Arms of 
the House of Representatives; 
(D) the Office of the Chief Administrative 
Officer of the House of Representatives; 
(E) the Office of the Attending Physician; 
(F) the Capitol Police; 
(G) the Office of the Architect of the Cap-
itol; 
(H) the Library of Congress; 
(I) the Government Publishing Office; 
(J) the Government Accountability Office; 
(K) the Office of Personnel Management; 
(L) the Administrative Office of the United 
States Courts; 
(M) the District of Columbia Courts; and 
(N) the District of Columbia Public De-
fender Service. 
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(3) TRANSFER AUTHORITY.— 
(A) OPM.—The Office of Personnel Man-
agement may transfer funds made available 
under this subsection to other Federal agencies 
within the executive branch to reimburse such 
agencies for costs incurred to implement this 
section. 
(B) AOUSC.—The Administrative Office 
of the United States Courts may transfer funds 
made available under this subsection to other 
entities within the judicial branch to reimburse 
the entities for costs incurred to implement this 
section. 
(e) COORDINATION WITH OTHER BENEFITS.— 
(1) DISREGARD FOR PURPOSES OF FEDERAL 
AND
STATE
PROGRAMS.—Any payment provided 
under this section shall not be regarded as income 
and shall not be regarded as a resource for the 
month of receipt and the following 12 months, for 
purposes of determining the eligibility of the recipi-
ent (or the recipient’s spouse or family) for benefits 
or assistance, or the amount or extent of benefits or 
assistance, under any Federal program or under any 
State or local program financed in whole or in part 
with Federal funds. 
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(2) AMOUNTS NOT TAKEN INTO ACCOUNT FOR 
PURPOSES OF PREMIUM TAX CREDIT.— 
(A) IN GENERAL.—For purposes of deter-
mining modified adjusted gross income under 
section 36B(d)(2)(B) of the Internal Revenue 
Code of 1986, adjusted gross income shall be 
reduced by any amounts received by reason of 
subsection (b). 
(B) EXCEPTION.—Subparagraph (A) shall 
not apply to the extent such reduction results 
in an amount of household income (as defined 
in section 36B(d)(2)(A) of such Code) of a tax-
payer that is less than 100 percent of the pov-
erty line (as defined in section 36B(d)(3) of 
such Code) for a family of the size involved (as 
determined under the rules of section 36B(d)(1) 
of such Code). 
(C) REPORTING.— 
(i) IN GENERAL.—Any employer that 
makes an applicable payment during a cal-
endar year shall include as a separately 
stated item on any written statement re-
quired under section 6051 of the Internal 
Revenue Code of 1986 or any return or 
statement required by the Secretary of the 
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Treasury (or the Secretary’s delegate) with 
respect to nonemployee compensation the 
aggregate amount of each type of applica-
ble payments so made. 
(ii) 
APPLICABLE
PAYMENTS.—For 
purposes of this subparagraph, the term 
‘‘applicable payments’’ means amounts 
paid by reason of subsection (b). 
(3) 
EMPLOYMENT
TAX
TREATMENT
FOR 
AMOUNTS PAID THROUGH GRANTS.— 
(A) IN GENERAL.—For purposes of section 
3111(a) of the Internal Revenue Code of 1986, 
any amounts required to be paid by reason of 
this section shall not be considered wages. 
(B) RAILROAD RETIREMENT TAXES.—For 
purposes of section 3221(a) of the Internal 
Revenue Code of 1986, the amount of tax im-
posed under such section for any calendar year 
in which an employer is required to pay 
amounts under this section shall be equal to the 
sum of— 
(i) the product of the rate in effect 
under section 3111(a) of such Code and 
the compensation (reduced by any amounts 
required to be paid by reason of this sec-
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pamtmann on DSKBC07HB2PROD with BILLS
tion) paid during any calendar year by 
such employer for services rendered to 
such employer; and 
(ii) the product of the rate in effect 
under section 3111(b) of such Code and 
the compensation paid during any calendar 
year by such employer for services ren-
dered to such employer. 
(C) SELF-EMPLOYED INDIVIDUALS.— 
(i) IN GENERAL.—In the case of the 
tax imposed by section 1401(a) of the In-
ternal Revenue Code of 1986, the self-em-
ployment income for any taxable year in 
which the individual received a payment re-
quired to be made under this section shall 
be reduced by 50 percent of the amount of 
payments so made. 
(ii) REGULATORY
AUTHORITY.—The 
Secretary of the Treasury (or the Sec-
retary’s delegate) shall prescribe regula-
tions or other guidance for the application 
of sections 164(f) and 1402(a)(12) of the 
Internal Revenue Code of 1986 with re-
spect to amounts to which clause (i) ap-
plies. 
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pamtmann on DSKBC07HB2PROD with BILLS
(D) TRANSFERS TO TRUST FUNDS.—There 
are hereby appropriated to the Federal Old Age 
and Survivors Insurance Trust Fund and the 
Federal Disability Insurance Trust Fund estab-
lished under section 201 of the Social Security 
Act (42 U.S.C. 401) and the Social Security 
Equivalent Benefit Account established under 
section 15A(a) of the Railroad Retirement Act 
of 1974 (45 U.S.C. 231n–1(a)) amounts equal 
to the reduction in revenues to the Treasury by 
reason of this paragraph (without regard to this 
subparagraph). Amounts appropriated by the 
preceding sentence shall be transferred from the 
general fund at such times and in such manner 
as to replicate to the extent possible the trans-
fers which would have occurred to such Trust 
Fund or Account had this subsection not been 
enacted. 
(f) CLARIFICATION OF COORDINATION WITH OTHER 
LAWS.— 
(1) ESSENTIAL WORKERS RIGHTS AND BENE-
FITS.—Nothing in this section shall be construed to 
allow noncompliance with or in any way to diminish, 
and shall instead be construed to be in addition to, 
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pamtmann on DSKBC07HB2PROD with BILLS
the rights or benefits that an essential worker is en-
titled to under any— 
(A) Federal, State, or local law, including 
regulation; 
(B) collective bargaining agreement; or 
(C) employer policy. 
(2) TITLE 5.—Nothing in this section shall be 
construed to affect the application of the provisions 
of sections 5343 or 5545 of title 5, United States 
Code, with respect to pay differentials for duty in-
volving unusual physical hardship or hazard, or envi-
ronmental differentials. 
(g) APPLICABILITY OF FAIR LABOR STANDARDS ACT 
OF 1938 TO SOVEREIGN TRIBAL EMPLOYERS.— 
(1) IN
GENERAL.—The receipt of any funds 
under subsection (b), (c), or (d) by a sovereign Trib-
al employer shall not expand, constrict, or alter the 
application of the Fair Labor Standards Act of 1938 
(29 U.S.C. 201 et seq.) to such sovereign Tribal em-
ployer. 
(2) DEFINITIONS.—In this subsection— 
(A) the term ‘‘Tribal employer’’ means— 
(i) any Tribal government, a subdivi-
sion of a Tribal government (determined in 
accordance with section 7871(d) of the In-
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pamtmann on DSKBC07HB2PROD with BILLS
ternal Revenue Code), or an agency or in-
strumentality of a Tribal government or 
subdivision thereof; 
(ii) any Tribal organization (as the 
term ‘‘tribal organization’’ is defined in 
section 4(l) of the Indian Self-Determina-
tion and Education Assistance Act (25 
U.S.C. 5304(l)); 
(iii) any corporation if more than 50 
percent (determined by vote and value) of 
the outstanding stock of such corporation 
is owned, directly or indirectly, by any en-
tity described in subparagraph (A) or (B); 
or 
(iv) any partnership if more than 50 
percent of the value of the capital and 
profits interests of such partnership is 
owned, directly or indirectly, by any entity 
described in subparagraph (A) or (B); and 
(B) the term ‘‘Trival government’’ means 
the recognized governing body of any Indian or 
Alaska Native tribe, band, nation, pueblo, vil-
lage, community, component band, or compo-
nent reservation individually identified (includ-
ing parenthetically) in the list published most 
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recently as of the date of enactment of this Act 
pursuant to section 104 of the Federally Recog-
nized Indian Tribe List Act of 1994 (25 U.S.C. 
5131). 
Æ 
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