Title: Federal Workforce Health and Safety During the Pandemic Act
Policy area: Government Operations and Politics

Summary:
Federal Workforce Health and Safety During the Pandemic Act
This bill provides additional benefits and flexibilities for federal employees during the COVID-19 (i.e., coronavirus disease 2019) pandemic.
Among other things, the bill

[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 7341 Introduced in House (IH)]

<DOC>






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 referred 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 
           within 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 Representatives 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''.

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 dependent child of the employee or a relative 
of the employee who has COVID-19 as a result of the employee being 
required to report to their duty station (either permanent or 
temporary) or to telework shall be entitled to reimbursement for the 
costs of such care.
    (b) Application.--
            (1) In general.--Any payment provided by operation of 
        subsection (a) shall be paid on a monthly 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 employee 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--
                    (A) an employee of the Library of Congress;
                    (B) an employee of the Government Accountability 
                Office;
                    (C) a covered employee as defined in section 101 of 
                the Congressional Accountability Act of 1995 (2 U.S.C. 
                1301), other than an applicant for employment;
                    (D) a covered employee as defined in section 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 position 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 Ethics 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 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 period 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 
        performing 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.
            (2) Rule of construction.--Notwithstanding subparagraph (B) 
        of subsection (a)(2)(B) of such section 6329c, intermittent 
        employees described in such subparagraph shall be eligible for 
        the leave provided by paragraph (1) of this subsection.
            (3) Definition of employee.--In this subsection, 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 paragraph (2) and 
        inserting ``; and''; and
            (3) by adding at the end the following:
            ``(3) the term `approved location' means any location at 
        which an employee has been approved to perform work, including 
        any Federal office, a teleworking site, or other location as 
        determined by the head of the agency at which the employee is 
        employed.''.

SEC. 5. EFFECT OF DEPENDENT CARE ON TELEWORK ELIGIBILITY.

    (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 dependent 
                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 employee to telework if--
                            ``(i) such unavailability is due to unusual 
                        or extraordinary circumstances; and
                            ``(ii) an alternative caregiver is not 
                        reasonably available.
                    ``(C) Dependent individual defined.--In this 
                paragraph, the term `dependent individual' means a 
                dependent child or relative (as such terms are defined 
                in paragraphs (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 section 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 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 employment 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 defined in 
                section 8101(1) of title 5, United States Code, 
                (including an employee of the United States Postal 
                Service, the Transportation Security Administration, or 
                the Department of Veterans Affairs, including any 
                individual appointed under chapter 73 or 74 of title 
                38, United States Code) employed in the Federal service 
                at anytime during the period beginning on January 27, 
                2020, and ending on January 30, 2022--
                            (i) who carried out duties requiring 
                        contact with patients, members of the public, 
                        or co-workers; or
                            (ii) whose duties include a risk of 
                        exposure to the coronavirus; and
                    (B) does not include any employee otherwise covered 
                by subparagraph (A) who is teleworking 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 
                        establishment in the executive, legislative, or 
                        judicial 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 
                                Administration;
                                    (IV) the Transportation Security 
                                Administration;
                                    (V) the Department of Veterans 
                                Affairs;
                                    (VI) the United States Postal 
                                Service and the Postal Regulatory 
                                Commission; and
                                    (VII) the Government Accountability 
                                Office;
                            (ii) the District of Columbia courts and 
                        the District of Columbia Public Defender 
                        Service; and
                            (iii)(I) an Indian tribe or tribal 
                        organization carrying out a contract or compact 
                        under the Indian Self-Determination and 
                        Education Assistance Act (25 U.S.C. 5301 et 
                        seq.);
                            (II) an Indian tribe or tribal organization 
                        that receives a grant under the Tribally 
                        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 contract 
                        under title V of the Indian Health Care 
                        Improvement Act (25 U.S.C. 1651 et seq.); and
                    (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 
                                possible, consistent with the regularly 
                                assigned 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 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 occupies 
                        a position within the General Schedule 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 Indian 
                        tribe, tribal organization, or urban Indian 
                        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, section 7425(b) of that 
                        title, or any other provision of chapter 74 of 
                        that title is inconsistent 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 services, as 
                        that term is defined in section 2101 of title 
                        5, United States Code;
                            (ii) an employee of an agency who occupies 
                        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 Executive 
                        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 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 Representatives, 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 government on 
                an employer with respect to amounts paid by such 
                employer for work by employees.
    (b) Pandemic Duty Differential.--
            (1) In general.--There is established a schedule 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 includes any 
                differential or other premium pay paid for regularly 
                scheduled work of the employee other than the 
                differential established under this section, of the 
                employee plus premium 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 paid the 
                applicable differential established under paragraph (1) 
                for any period, including any period during the covered 
                period that precedes 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 respect to a payment 
                earned by an employee under this subsection for a 
                period during the covered period that precedes the date 
                of enactment 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 Personnel 
                        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 subsection, which 
                        shall--
                                    (I) be based on--
                                            (aa) the duties performed 
                                        by the employee;
                                            (bb) the setting in which 
                                        the employee performs the 
                                        duties described 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 regulations 
                        implementing the pay differential under this 
                        subsection with respect to employees in the 
                        executive branch of the Federal Government.
                    (B) Other branches, certain dc employees, and 
                certain tribal officials.--
                            (i) In general.--The employing authority 
                        for each agency that is not in the executive 
                        branch of the Federal Government--
                                    (I) shall develop criteria 
                                regarding the means by which to 
                                determine the eligibility of an 
                                employee in such an agency for the pay 
                                differential established 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 guidance and 
                        regulations.--Any criteria developed, and 
                        regulations prescribed, by an agency under 
                        clause (i) shall, to the extent practicable, be 
                        comparable to any criteria 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 aggregate 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 authority provided 
        under this subsection shall be considered 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 appropriated, out of 
        any money in the Treasury not otherwise appropriated, 
        $10,000,000,000, to remain available until expended, for the 
        offices and agencies described in paragraph (2) to carry out 
        subsections (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 Capitol;
                    (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 Defender 
                Service.
            (3) Transfer authority.--
                    (A) OPM.--The Office of Personnel Management 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 recipient (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.
            (2) Amounts not taken into account for purposes of premium 
        tax credit.--
                    (A) In general.--For purposes of determining 
                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 taxpayer that is less than 100 percent 
                of the poverty 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 calendar year shall 
                        include as a separately stated item on any 
                        written statement required under section 6051 
                        of the Internal Revenue Code of 1986 or any 
                        return or statement required by the Secretary 
                        of the Treasury (or the Secretary's delegate) 
                        with respect to nonemployee compensation the 
                        aggregate amount of each type of applicable 
                        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 imposed 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 section) 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 rendered to such 
                        employer.
                    (C) Self-employed individuals.--
                            (i) In general.--In the case of the tax 
                        imposed by section 1401(a) of the Internal 
                        Revenue Code of 1986, the self-employment 
                        income for any taxable year in which the 
                        individual received a payment required 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 Secretary's delegate) 
                        shall prescribe regulations or other guidance 
                        for the application of sections 164(f) and 
                        1402(a)(12) of the Internal Revenue Code of 
                        1986 with respect to amounts to which clause 
                        (i) applies.
                    (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 established 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 
                transfers 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 benefits.--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, the rights or benefits that an essential worker is 
        entitled 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 involving unusual physical hardship or 
        hazard, or environmental 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 Tribal 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 employer.
            (2) Definitions.--In this subsection--
                    (A) the term ``Tribal employer'' means--
                            (i) any Tribal government, a subdivision of 
                        a Tribal government (determined in accordance 
                        with section 7871(d) of the Internal Revenue 
                        Code), or an agency or instrumentality 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-Determination 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 entity 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, village, community, 
                component band, or component reservation individually 
                identified (including parenthetically) in the list 
                published most recently as of the date of enactment of 
                this Act pursuant to section 104 of the Federally 
                Recognized Indian Tribe List Act of 1994 (25 U.S.C. 
                5131).
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