[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 2159 Introduced in Senate (IS)]

<DOC>






118th CONGRESS
  1st Session
                                S. 2159

 To clarify the classification of service provider payees as employees 
               or independent contractors in Federal law.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             June 22, 2023

  Mr. Lee (for himself and Mr. Braun) introduced the following bill; 
     which was read twice and referred to the Committee on Finance

_______________________________________________________________________

                                 A BILL


 
 To clarify the classification of service provider payees as employees 
               or independent contractors in Federal law.

    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 ``21st Century Worker Act''.

SEC. 2. TABLE OF CONTENTS.

    The table of contents for this Act is as follows:

Sec. 1. Short title.
Sec. 2. Table of contents.
           TITLE I--CLASSIFICATION OF SERVICE PROVIDER PAYEES

Sec. 101. Definitions.
Sec. 102. Classification.
Sec. 103. Mandatory independent contractor classification.
Sec. 104. Mandatory employee classification.
Sec. 105. Elective classification service provider payees.
Sec. 106. Change in classification; periodic classification review.
                  TITLE II--APPLICATION TO OTHER LAWS

Sec. 201. Fair Labor Standards Act of 1938.
Sec. 202. National Labor Relations Act.
Sec. 203. Tax classification.
Sec. 204. GAO study on changes needed to other Federal laws.

           TITLE I--CLASSIFICATION OF SERVICE PROVIDER PAYEES

SEC. 101. DEFINITIONS.

    In this title:
            (1) Bona fide sole proprietor.--The term ``bona fide sole 
        proprietor'' means a service provider payee who--
                    (A) has entered into a written contract governing 
                the terms of the goods or services provided to a 
                service recipient payor and the contract is not an 
                employment by agreement;
                    (B) is not required to provide the goods or 
                services exclusively for the service recipient payor; 
                and
                    (C) has not had a substantial economic relationship 
                or employment by agreement with the service recipient 
                payor as described in section 104 during the previous 
                calendar year.
            (2) Business entity.--The term ``business entity''--
                    (A) means a corporation, limited liability company, 
                limited partnership, limited liability partnership, 
                limited liability limited partnership, statutory 
                business trust, or a similar entity formed under the 
                laws of the United States, under the law of a State or 
                United States territory (including the District of 
                Columbia), or under the laws of a foreign country; and
                    (B) includes a general partnership not described in 
                subparagraph (A) that has registered to do business 
                under State or local law.
            (3) Compensation.--
                    (A) In general.--The term ``compensation''--
                            (i) means consideration paid by a service 
                        recipient payor to a service provider payee for 
                        goods or services provided; and
                            (ii) includes payments in money, payments 
                        in property, wages, salaries, benefits, and 
                        other types of payment.
                    (B) Fair market value.--For purposes of determining 
                the amount of compensation, the value of payments in a 
                form other than legal tender shall be determined by the 
                fair market value of the payment on the date of 
                payment.
            (4) Direct sales service provider payee.--The term ``direct 
        sales service provider payee'' means a service provider payee 
        who is a direct seller, as defined in section 3508(b) of the 
        Internal Revenue Code of 1986.
            (5) Elective classification service provider payee.--The 
        term ``elective classification service provider payee'' means a 
        service provider payee who is not classified as either--
                    (A) a mandatory independent contractor under 
                section 103; or
                    (B) a mandatory employee under section 104.
            (6) Employee.--The term ``employee'' means an individual 
        who--
                    (A) is a service provider payee; and
                    (B) is--
                            (i) classified as a mandatory employee 
                        under section 104; or
                            (ii) classified as an employee under 
                        section 105.
            (7) Employer.-- The term ``employer'' means a service 
        recipient payor--
                    (A) that is in a substantial economic relationship 
                with a service provider payee who is classified as an 
                employee under section 104 with respect to the service 
                recipient payor;
                    (B) that has entered into employment by agreement 
                under section 104 with a service provider payee; or
                    (C) for whom a service recipient payee has elected 
                to be classified as an employee under section 105.
            (8) Employment by agreement.--The term ``employment by 
        agreement'' means an agreement, whether written or otherwise, 
        between a service recipient payor and a service provider payee 
        that demonstrably expresses their mutual intent to form an 
        employer-employee relationship.
            (9) Formal bona fide contractor.--The term ``formal bona 
        fide contractor'', when used with respect to a service provider 
        payee providing goods or services to a service recipient payor, 
        means a service provider payee who--
                    (A) is recognized as a contractor under applicable 
                State law; or
                    (B) is not required to provide the goods or 
                services exclusively for the service recipient payor 
                and has--
                            (i) entered into a written contract 
                        governing the terms of the goods or services 
                        provided to the service recipient payor that is 
                        not designated as an employment by agreement;
                            (ii) incurred unreimbursed expenses related 
                        to providing the goods or services to the 
                        service recipient payor annually that exceed 5 
                        percent of the total compensation made to the 
                        service provider payee by the service recipient 
                        payor; and
                            (iii) not had a substantial economic 
                        relationship or employment by agreement with 
                        the service recipient payor as described in 
                        section 104 during the previous calendar year.
            (10) Independent contractor.--The term ``independent 
        contractor'' means a service provider payee who--
                    (A) is classified as a mandatory independent 
                contractor under section 103; or
                    (B) is classified as an independent contractor 
                under section 105.
            (11) Licensed profession, trade, or occupation.--The term 
        ``licensed profession, trade, or occupation'' means a 
        profession, trade, or occupation that may not be lawfully 
        engaged in unless a license from a Federal, State, or local 
        government is obtained.
            (12) Limited economic relationship.--The term ``limited 
        economic relationship'' means an economic relationship between 
        a service recipient payor and a service provider payee under 
        which--
                    (A) the compensation to the service provider payee 
                by the service recipient payor is based on a period of 
                time worked;
                    (B) the period of time worked for which the service 
                provider payee is compensated by the service recipient 
                payor is less than 30 days per calendar quarter; and
                    (C) the service provider payee is not required to 
                provide the goods or services exclusively for the 
                service recipient payor.
            (13) Period of time worked.--The term ``period of time 
        worked'' includes any specified period of time worked, 
        including hourly, daily, weekly, bi-weekly, bi-monthly, 
        monthly, quarterly, or annually periods of time.
            (14) Money.--The term ``money'' means any legal tender as 
        defined in section 5103 of title 31, United States Code.
            (15) Sales commission.--The term ``sales commission'' means 
        compensation based on sales made by the service provider payee 
        or by individuals managed, supervised, advised, or recruited by 
        the service provider payee.
            (16) Secretary.--The term ``Secretary'' means the Secretary 
        of Labor.
            (17) Service provider payee.--The term ``service provider 
        payee'' means an individual providing goods or services to a 
        service recipient payor in return for compensation paid to the 
        individual by the service recipient payor.
            (18) Service recipient payor.--The term ``service recipient 
        payor'' means a person receiving goods or services from a 
        service provider payee in return for compensation paid by the 
        person to the service provider payee.
            (19) Substantial economic relationship.--The term 
        ``substantial economic relationship'' means an economic 
        relationship between a service recipient payor and a service 
        provider payee where--
                    (A) the service provider payee is a natural person;
                    (B) more than 75 percent of the compensation to the 
                service provider payee by the service recipient payor 
                is based on a period of time worked;
                    (C) the service recipient payor determines the 
                hours of work; and
                    (D) the service recipient payor requires the 
                service provider payee to work substantially full-time 
                for the service recipient payor for a period of 4 
                consecutive weeks or more.
            (20) Substantially full-time.--The term ``substantially 
        full-time'' means an average of 30 or more hours per week 
        during the relevant period of time worked.
            (21) Written contract.--The term ``written contract'' means 
        writing sufficient to indicate that a contract has been made 
        between the parties that is legally enforceable in the 
        jurisdiction or jurisdictions where the services by the service 
        provider payee are performed or to be performed.

SEC. 102. CLASSIFICATION.

    (a) Bifurcated Classification.--For purposes of this title, a 
service provider payee shall be classified as either an employee or an 
independent contractor in accordance with the following:
            (1) Mandatory independent contractors.--A service provider 
        payee meeting the requirements of section 103 shall be 
        classified as an independent contractor.
            (2) Mandatory employee classification.-- A service provider 
        payee meeting the requirements of section 104 shall be 
        classified as an employee.
            (3) Elective classification service provider payees.--A 
        service provider payee that meets neither the requirements of 
        section 103 nor the requirements of section 104 shall be 
        classified as the service provider payee elects in accordance 
        with section 105.
    (b) Responsibility for Initial Determination.--
            (1) General rule.--Subject to paragraph (2), the service 
        recipient payor is responsible for determining whether a 
        service provider payee is properly classified as a mandatory 
        independent contractor, a mandatory employee, or an elective 
        classification service provider payee, for purposes of 
        subsection (a).
            (2) Exceptions.--The service provider payee is responsible 
        for determining whether the service provider payee is properly 
        classified as a mandatory independent contractor if the 
        classification of the service provider payee as an independent 
        contractor is based on meeting the requirements of--
                    (A) section 103(2)(A) (relating to licensed 
                professions, trades, or occupations);
                    (B) section 103(2)(B) (relating to business 
                entities);
                    (C) section 103(2)(E) (relating to bona fide sole 
                proprietors); or
                    (D) section 103(2)(F) (relating to formal bona fide 
                contractors).
            (3) Timing.--The classification determination of a service 
        provider payee shall be made by the service recipient payor or 
        service provider payee (as required under this subsection) 
        immediately upon entering into an economic relationship between 
        the service recipient payor and the service provider payee.
    (c) Reclassifications and Periodic Review.--A service provider 
payee or a service recipient payor, as applicable, shall reclassify or 
review the classification determination under this section in 
accordance with section 106.

SEC. 103. MANDATORY INDEPENDENT CONTRACTOR CLASSIFICATION.

    A service provider payee shall be classified as an independent 
contractor if the service provider payee--
            (1) is not classified as an employee pursuant to section 
        104; and
            (2) meets one or more of the following requirements:
                    (A) Licensed profession, trade, or occupation.--The 
                service provider payee--
                            (i) is engaged in a licensed profession, 
                        trade, or occupation; and
                            (ii) holds himself or herself out as 
                        providing services to the public.
                    (B) Business entity.--The service provider payee is 
                a business entity.
                    (C) Limited economic relationship.--The economic 
                relationship between a service recipient payor and a 
                service provider payee is a limited economic 
                relationship.
                    (D) Direct sales.--The service provider payee is a 
                direct sales service provider payee.
                    (E) Bona fide sole proprietor.--The service 
                provider payee is a bona fide sole proprietor.
                    (F) Formal bona fide contractor.--The service 
                provider payee is a formal bona fide contractor.

SEC. 104. MANDATORY EMPLOYEE CLASSIFICATION.

    A service provider payee shall be classified as an employee if the 
service provider payee meets one or more of the following requirements:
            (1) Substantial economic relationship.--The economic 
        relationship between a service recipient payor and a service 
        provider payee is a substantial economic relationship.
            (2) Employment by agreement.--There is employment by 
        agreement.

SEC. 105. ELECTIVE CLASSIFICATION SERVICE PROVIDER PAYEES.

    (a) Elective Classification Service Provider Payees; Election 
Required.--A service provider payee that does not meet either of the 
requirements of section 103 or section 104 is an elective 
classification service provider payee. Each elective classification 
service provider payee shall elect whether to be classified as an 
employee or an independent contractor in accordance with this section.
    (b) Method of Election.--The elective classification service 
provider payee shall make the election required by this section in 
writing upon entering into an economic relationship with a service 
recipient payor. Subject to subsection (c), the election need not be in 
any particular form as long as the election--
            (1) clearly indicates the service provider payee's intent 
        regarding whether to be classified as an independent contractor 
        or an employee;
            (2) is dated;
            (3) is signed by the elective classification service 
        provider payee; and
            (4) is countersigned by the service recipient payor.
    (c) Service Recipient Payor Counter Signature Required.--The 
elective classification service provider payee shall secure the 
counter-signature of the service recipient payor acknowledging that the 
service recipient payor knows the classification election made by the 
service provider payee. The election required under subsection (a) is 
not effective until the counter-signature of the service recipient 
payor is secured, subject to subsection (f).
    (d) Timing of Election.--The election required under subsection (a) 
shall be made by the elective classification service provider payee 
upon entering into an economic relationship with a service recipient 
payor. Failure by the elective classification service provider payee to 
make the election required by subsection (a) within 14 days of entering 
into an economic relationship with a service recipient payor shall be 
subject to a penalty under subsection (g)(1), subject to subsection 
(f).
    (e) Record-Keeping Retention Requirement.--Both the elective 
classification service provider payee and the service recipient payor 
are required to maintain a copy of the countersigned election required 
under subsection (b) for a period of 3 years following its 
countersignature. Failure by the elective classification service 
provider payee or the service recipient payor to maintain a copy of the 
countersigned election required by this section shall be subject to a 
penalty under subsection (g)(2).
    (f) Absence of Countersignature; Default Rule.--In the event that 
an elective classification service provider payee makes the election 
required under subsection (a) except that the elective classification 
service provider payee requests, but does not receive, the 
countersignature required by subsection (c) within 14 days of entering 
into an economic relationship with a service recipient payor, the 
elective classification service provider payee shall be classified as 
an independent contractor and shall not be in violation of subsection 
(g)(1).
    (g) Penalties.--
            (1) Penalty for failure to make election.--The Secretary 
        shall impose a penalty not to exceed $100 on an elective 
        classification service provider payee who fails to make the 
        election required by subsection (a) within 14 days of entering 
        into an economic relationship with a service recipient payor.
            (2) Penalty for failure to keep records relating to 
        election.--The Secretary shall impose a penalty not to exceed 
        $100 on elective classification service provider payees or 
        service recipient payors who fail to maintain the records 
        required by subsection (e).
            (3) Willful or reckless misclassification.--The Secretary 
        shall impose a penalty on a service recipient payor or service 
        provider payee responsible for a classification determination 
        under this section who willfully or recklessly misclassifies a 
        service provider payee as an independent contractor in an 
        amount equal to 15 percent of the compensation paid to the 
        independent contractor.
    (h) No Requirement To Enter Into Economic Relationship.--Nothing in 
this title shall be read as a requirement by a service provider payee 
or a service recipient payor to enter into an economic relationship.

SEC. 106. CHANGE IN CLASSIFICATION; PERIODIC CLASSIFICATION REVIEW.

    (a) Major Change in the Nature of the Economic Relationship.--
            (1) In general.--If there is a major change in the nature 
        of the economic relationship between a service provider payee 
        and a service recipient payor, then a new classification 
        determination shall be made by the service recipient payor or 
        service provider payee responsible for classification 
        determination pursuant to section 102(b) upon the major change 
        in the nature of the economic relationship.
            (2) Major change described.--For purposes of this section, 
        a major change in the nature of the economic relationship means 
        an increase or decrease of 25 percent or more in the hours 
        worked by, or the compensation paid to, the service provider 
        payee by the service recipient payor in the most recent 
        calendar quarter compared to the previous calendar quarter.
            (3) Effective date.--If a reclassification determination is 
        made, it shall be effective beginning on the first day of the 
        first month that immediately follows the determination.
    (b) Change in Classification for Other Reasons.--
            (1) In general.--If there is a change in the nature of the 
        economic relationship between a service provider payee and a 
        service recipient payor other than a major change in the nature 
        of the economic relationship described in subsection (a) that a 
        reasonable person should anticipate could change the 
        classification of a service provider payee, then the service 
        recipient payor or service provider payee responsible for 
        classification determination pursuant to section 102(b) shall 
        make a classification determination upon the change in the 
        nature of the economic relationship.
            (2) Examples.--Changes in the nature of the economic 
        relationship included under paragraph (1) include, without 
        limitation--
                    (A) the loss of a license by a service recipient 
                payee;
                    (B) the forfeiture of a business entity charter by 
                a service recipient payee;
                    (C) a change in the relative importance of sales 
                commissions in compensating a direct sales service 
                provider payee; or
                    (D) a change in the requirement, or lack thereof, 
                to perform services exclusively for the service 
                recipient payor.
            (3) Reclassification timing.--If a reclassification 
        determination is made, then it shall be made effective with 
        respect to the calendar quarter that begins immediately after 
        the date on which the event giving rise to the change in the 
        nature of the economic relationship occurred.
    (c) Periodic Review Requirement; Frequency.--
            (1) In general.--The service recipient payor or service 
        provider payee responsible for a classification determination 
        under subsection (a) or (b) shall make annual determinations 
        for any continuing economic relationships with service 
        recipient payors or service provider payees, as the case may 
        be. These periodic reviews shall be completed by January 31 
        with respect to continuing economic relationships as of 
        December 31 of the previous calendar year.
            (2) Effective date of determination changes.--If a 
        reclassification determination is made as a result of this 
        review, it shall be made effective beginning on the first day 
        of the first month that immediately follows the determination.
    (d) Exemption.--For purposes of this section, if a service provider 
payee does not have more than 100 hours worked or been compensated more 
than a total of $10,000 during a calendar quarter in which the 
reclassification determination is made, then the service provider payor 
or service provider payee, as the case may be, is exempt from the 
requirements of this section.

                  TITLE II--APPLICATION TO OTHER LAWS

SEC. 201. FAIR LABOR STANDARDS ACT OF 1938.

    Section 3 of the Fair Labor Standards Act of 1938 (29 U.S.C. 203) 
is amended--
            (1) by striking subsection (d) and inserting the following:
    ``(d) `Employer'--
            ``(1) has the meaning given the term in section 101 of the 
        21st Century Worker Act;
            ``(2) includes any person (including a public agency) 
        acting directly or indirectly in the interest of an employer in 
        relation to an employee; and
            ``(3) does not include any labor organization (other than 
        when acting as an employer) or anyone acting in the capacity of 
        officer or agent of such labor organization.'';
            (2) by striking paragraph (1) of subsection (e) and 
        inserting the following:
            ``(1) Except as provided in paragraphs (2), (3), and (4), 
        the term `employee' has the meaning given the term `employee' 
        in section 101 of the 21st Century Worker Act.''; and
            (3) by striking subsection (g) and inserting the following:
    ``(g)(1) `Employ' includes to suffer or permit to work under a 
substantial economic relationship (as defined in section 101 of the 
21st Century Worker Act) between an employer and employee.
    ``(2) `Employment' means the provision of goods or services by an 
employee for an employer.''.

SEC. 202. NATIONAL LABOR RELATIONS ACT.

    Section 2 of the National Labor Relations Act (29 U.S.C. 152) is 
amended--
            (1) by striking paragraph (2) and inserting the following:
            ``(2) The term `employer'--
                    ``(A) has the meaning given the term in section 101 
                of the 21st Century Worker Act;
                    ``(B) includes any person acting as an agent of an 
                employer, directly or indirectly; and
                    ``(C) does not include the United States or any 
                wholly owned Government corporation, or any Federal 
                Reserve Bank, or any State or political subdivision 
                thereof, or any person subject to the Railway Labor 
                Act, as amended from time to time, or any labor 
                organization (other than when acting as an employer), 
                or anyone acting in the capacity of officer or agent of 
                such labor organization.'';
            (2) in paragraph (3), by striking ``shall include any 
        employee, and shall not be limited to the employees of a 
        particular employer, unless the Act explicitly states 
        otherwise, and shall'' and inserting ``has the meaning given 
        the term `employee' in section 101 of the 21st Century Worker 
        Act. The term shall include any employee, and shall not be 
        limited to the employees of a particular employer. The term 
        shall'';
            (3) by redesignating paragraphs (4) through (14) as 
        paragraphs (5) through (15), respectively; and
            (4) by inserting after paragraph (3) the following:
            ``(4) The term `employment' means the provision of goods or 
        services by an employee for an employer.''.

SEC. 203. TAX CLASSIFICATION.

    (a) Employee.--Section 7701(a)(20) of the Internal Revenue Code of 
1986 is amended to read as follows:
            ``(20) The term `employee' has the meaning given the term 
        in section 101 of the 21st Century Worker Act.''.
    (b) Employer.--Section 7701(a) of the Internal Revenue Code of 1986 
is amended by adding at the end the following new paragraph:
            ``(51) The term `employer' has the meaning given the term 
        in section 101 of the 21st Century Worker Act.''.
    (c) Employment.--Section 3121(b) of the Internal Revenue Code of 
1986 is amended to read as follows:
    ``(b) The term `employment' means any services performed by an 
employee for an employer.''.
    (d) Conforming Amendments.--
            (1) Section 3121 of the Internal Revenue Code of 1986 is 
        amended by striking subsection (d).
            (2) Section 3306(a) of such Code is amended by striking 
        paragraph (3).
    (e) Effective Date.--The amendments made by this section shall 
apply to taxable years beginning after the date of the enactment of 
this Act.

SEC. 204. GAO STUDY ON CHANGES NEEDED TO OTHER FEDERAL LAWS.

    (a) In General.--Not later than 2 years after the date of enactment 
of this Act, the Comptroller General of the United States shall prepare 
and submit to Congress a report that identifies--
            (1) all covered Federal laws that utilize the terms 
        ``employee'', ``employer'', ``employ'', and ``employment'' in 
        ways that do not correspond with the definitions of the terms 
        ``employee'' and ``employer'' under section 101 of this Act; 
        and
            (2) how harmonizing the definitions of ``employee'', 
        ``employer'', ``employ'', and ``employment'' across all covered 
        Federal laws would alter each covered Federal law.
    (b) Definition of Covered Federal Law.--In this section, the term 
``covered Federal law'' means each of the following:
            (1) The Age Discrimination in Employment Act of 1967 (29 
        U.S.C. 621 et seq.), including subsections (b) and (f) of 
        section 11, and section 15(a), of such Act (29 U.S.C. 630(b) 
        and (f); 29 U.S.C. 633a(a)).
            (2) The Americans with Disabilities Act of 1990 (42 U.S.C. 
        12101 et seq.), including paragraphs (4) and (5) of section 
        101, and section 510, of such Act (42 U.S.C. 12111(4) and (5); 
        42 U.S.C. 12209).
            (3) Title VII of the Civil Rights Act of 1964 (42 U.S.C. 
        2000e et seq.), including subsections (b) and (f) of section 
        701, and section 717(a), of such title (42 U.S.C. 2000e(b) and 
        (f); 42 U.S.C. 2000e-16(a)).
            (4) Section 304(a) of the Civil Rights Act of 1991 (42 
        U.S.C. 2000e-16c(a)).
            (5) The Congressional Accountability Act of 1995 (2 U.S.C. 
        1301 et seq.), including section 201 of such Act (2 U.S.C. 
        1311).
            (6) The Employee Polygraph Protection Act of 1988 (29 
        U.S.C. 2001 et seq.), including section 2(2) of such Act (29 
        U.S.C. 2001(2)).
            (7) The Employee Retirement Income Security Act of 1974 (29 
        U.S.C. 1001 et seq.), including paragraphs (5) and (6) of 
        section 3 of such Act (29 U.S.C. 1002(5), (6)) and part 6 of 
        subtitle B of title I of such Act (relating to health insurance 
        continuation by employees) (29 U.S.C. 1161 et seq.).
            (8) The Family and Medical Leave Act of 1993 (29 U.S.C. 
        2601 et seq.), including paragraphs (3) and (4) of section 101 
        of such Act (29 U.S.C. 2611(3) and (4)).
            (9) The Fair Credit Reporting Act (15 U.S.C. 1681 et seq.), 
        including section 603(h) of such Act (15 U.S.C. 1681a(h)).
            (10) Title II of the Genetic Information Nondiscrimination 
        Act of 2008 (42 U.S.C. 2000ff et seq.), including section 
        201(2) of such Act (42 U.S.C. 2000ff(2)).
            (11) The Government Employee Rights Act of 1991 (42 U.S.C. 
        2000e16-a et seq.).
            (12) The Immigration and Nationality Act (8 U.S.C. 1101 et 
        seq.).
            (13) The Labor-Management Reporting and Disclosure Act of 
        1959 (29 U.S.C. 401 et seq.), including subsections (e) and (f) 
        of section 3 of such Act (29 U.S.C. 402(e) and (f)).
            (14) The Occupational Safety and Health Act of 1970 (29 
        U.S.C. 651 et seq.), including paragraphs (5) and (6) of 
        section 3 of such Act (29 U.S.C. 652(5) and (6)).
            (15) Subtitle B of title I of the Patient Protection and 
        Affordable Care Act (42 U.S.C. 18001 et seq.).
            (16) The Rehabilitation Act of 1973 (29 U.S.C. 701 et 
        seq.), including section 501 of such Act (29 U.S.C. 791).
            (17) The Worker Adjustment and Retraining Notification Act 
        (29 U.S.C. 2101 et seq.), including section 2(a) of such Act 
        (29 U.S.C. 2101(a)).
            (18) Section 1977A of the Revised Statutes.
            (19) Section 411 of title 3, United States Code.
            (20) Chapter 81 of title 5, United States Code (commonly 
        known as the ``Federal Employees' Compensation Act''), 
        including paragraphs (1) and (12) of section 8101 of such 
        title.
            (21) Subchapter IV of chapter 31 of title 40, United States 
        Code (commonly known as the ``Davis-Bacon Act'').
            (22) Chapter 43 of title 38, United States Code (commonly 
        known as the ``Uniformed Services Employment and Reemployment 
        Rights Act''), including paragraphs (3) and (4) of section 4303 
        of such title.
            (23) Chapter 37 of title 40, United States Code (commonly 
        known as the ``Contract Work Hours and Safety Standards Act''), 
        including section 3701(b)(2) of such title.
            (24) Chapter 67 of title 41, United States Code (commonly 
        known as the ``McNamara-O'Hara Service Contract Act''), 
        including section 6701(3) of such title.
            (25) Chapter 81 of title 41, United States Code (commonly 
        referred to as the ``Drug-Free Workplace Act''), including 
        section 8101(a)(6) of such title.
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