,,ii #aaith ,,congress #b;d ,session ,s4 #djaj ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,march #e1 #bjbf,mr4 ,lee introduced the following bill2 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 law4 #a4 ,short title ,this ,act may be cited as the #bast ,century ,worker ,act4 #b4 ,table of contents ,the table of contents for this ,act is as follows3 ,sec4 #a4 ,short title4,sec4 #b4 ,table of contents4,,title ,i--,classification of service provider payees,sec4 #aja4 ,definitions4,sec4 #ajb4 ,classification4,sec4 #ajc4 ,mandatory independent contractor classification4,sec4 #ajd4 ,mandatory employee classification4,sec4 #aje4 ,elective classification service provider payees4,sec4 #ajf4 ,change in classification2 periodic classification review4,,title ,,ii--,application to other laws,sec4 #bja4 ,fair ,labor ,standards ,act of #aich4,sec4 #bjb4 ,national ,labor ,relations ,act4,sec4 #bjc4 ,tax classification4,sec4 #bjd4 ,,gao study on changes needed to other ,federal laws4 ,i ,classification of service provider payees #aja4 ,definitions ,in this title3 7#a7 ,bona fide sole proprietor ,the term bona fide sole proprietor means a service provider payee who-- 7,a7 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 agreement2 7,b7 is not required to provide the goods or services exclusively for the service recipient payor2 and 7,c7 has not had a substantial economic relationship or employment by agreement with the service recipient payor as described in section #ajd during the previous calendar year4 7#b7 ,business entity ,the term business entity-- 7,a7 means a corporation1 limited liability company1 limited partnership1 limited liability partnership1 limited liability limited partnership1 statutory business trust1 or a similar entity formed under the laws of the ,united ,states1 under the law of a ,state or ,united ,states territory 7including the ,district of ,columbia71 or under the laws of a foreign country2 and 7,b7 includes a general partnership not described in subparagraph 7,a7 that has registered to do business under ,state or local law4 7#c7 ,compensation 7,a7 ,in general ,the term compensation-- 7i7 means consideration paid by a service recipient payor to a service provider payee for goods or services provided2 and 7ii7 includes payments in money1 payments in property1 wages1 salaries1 benefits1 and other types of payment4 7,b7 ,fair market value ,for purposes of determining the amount of compensation1 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 payment4 7#d7 ,direct sales service provider payee ,the term direct sales service provider payee means a service provider payee who is a direct seller1 as defined in section #cejh7;b7 of the ,internal ,revenue ,code of #aihf4 7#e7 ,elective classification service provider payee ,the term elective classification service provider payee means a service provider payee who is not classified as either-- 7,a7 a mandatory independent contractor under section #ajc2 or 7,b7 a mandatory employee under section #ajd4 7#f7 ,employee ,the term employee means an individual who-- 7,a7 is a service provider payee2 and 7,b7 is-- 7i7 classified as a mandatory employee under section #ajd2 or 7ii7 classified as an employee under section #aje4 7#g7 ,employer ,the term employer means a service recipient payor-- 7,a7 that is in a substantial economic relationship with a service provider payee who is classified as an employee under section #ajd with respect to the service recipient payor2 7,b7 that has entered into employment by agreement under section #ajd with a service provider payee2 or 7,c7 for whom a service recipient payee has elected to be classified as an employee under section #aje4 7#h7 ,employment by agreement ,the term employment by agreement means an agreement1 whether written or otherwise1 between a service recipient payor and a service provider payee that demonstrably expresses their mutual intent to form an employer-employee relationship4 7#i7 ,formal bona fide contractor ,the term formal bona fide contractor1 when used with respect to a service provider payee providing goods or services to a service recipient payor1 means a service provider payee who-- 7,a7 is recognized as a contractor under applicable ,state law2 or 7,b7 is not required to provide the goods or services exclusively for the service recipient payor and has-- 7i7 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 agreement2 7ii7 incurred unreimbursed expenses related to providing the goods or services to the service recipient payor annually that exceed #e percent of the total compensation made to the service provider payee by the service recipient payor2 and 7iii7 not had a substantial economic relationship or employment by agreement with the service recipient payor as described in section #ajd during the previous calendar year4 7#aj7 ,independent contractor ,the term independent contractor means a service provider payee who-- 7,a7 is classified as a mandatory independent contractor under section #ajc2 or 7,b7 is classified as an independent contractor under section #aje4 7#aa7 ,licensed profession1 trade1 or occupation ,the term licensed profession1 trade1 or occupation means a profession1 trade1 or occupation that may not be lawfully engaged in unless a license from a ,federal1 ,state1 or local government is obtained4 7#ab7 ,limited economic relationship ,the term limited economic relationship means an economic relationship between a service recipient payor and a service provider payee under which-- 7,a7 the compensation to the service provider payee by the service recipient payor is based on a period of time worked2 7,b7 the period of time worked for which the service provider payee is compensated by the service recipient payor is less than #cj days per calendar quarter2 and 7,c7 the service provider payee is not required to provide the goods or services exclusively for the service recipient payor4 7#ac7 ,money ,the term money means any legal tender as defined in section #eajc of title #ca1 ,united ,states ,code4 7#ad7 ,period of time worked ,the term period of time worked includes any specified period of time worked1 including hourly1 daily1 weekly1 bi-weekly1 bi-monthly1 monthly1 quarterly1 or annually periods of time4 7#ae7 ,sales commission ,the term sales commission means compensation based on sales made by the service provider payee or by individuals managed1 supervised1 advised1 or recruited by the service provider payee4 7#af7 ,secretary ,the term ,secretary means the ,secretary of ,labor4 7#ag7 ,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 payor4 7#ah7 ,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 payee4 7#ai7 ,substantial economic relationship ,the term substantial economic relationship means an economic relationship between a service recipient payor and a service provider payee where-- 7,a7 the service provider payee is a natural person2 7,b7 more than #ge percent of the compensation to the service provider payee by the service recipient payor is based on a period of time worked2 7,c7 the service recipient payor determines the hours of work2 and 7,d7 the service recipient payor requires the service provider payee to work substantially full-time for the service recipient payor for a period of #d consecutive weeks or more4 7#bj7 ,substantially full-time ,the term substantially full-time means an average of #cj or more hours per week during the relevant period of time worked4 7#ba7 ,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 performed4 #ajb4 ,classification 7a7 ,bifurcated classification ,for purposes of this title1 a service provider payee shall be classified as either an employee or an independent contractor in accordance with the following3 7#a7 ,mandatory independent contractors ,a service provider payee meeting the requirements of section #ajc shall be classified as an independent contractor4 7#b7 ,mandatory employee classification ,a service provider payee meeting the requirements of section #ajd shall be classified as an employee4 7#c7 ,elective classification service provider payees ,a service provider payee that meets neither the requirements of section #ajc nor the requirements of section #ajd shall be classified as the service provider payee elects in accordance with section #aje4 7b7 ,responsibility for initial determination 7#a7 ,general rule ,subject to paragraph 7#b71 the service recipient payor is responsible for determining whether a service provider payee is properly classified as a mandatory independent contractor1 a mandatory employee1 or an elective classification service provider payee1 for purposes of subsection 7a74 7#b7 ,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-- 7,a7 section #ajc7b77;,a7 7relating to licensed professions1 trades1 or occupations72 7,b7 section #ajc7b77;,b7 7relating to business entities72 7,c7 section #ajc7b77;,e7 7relating to bona fide sole proprietors72 or 7,d7 section #ajc7b77;,f7 7relating to formal bona fide contractors74 7#c7 ,timing ,the classification determination of a service provider payee shall be made by the service recipient payor or service provider payee 7as required under this subsection7 immediately upon entering into an economic relationship between the service recipient payor and the service provider payee4 7c7 ,reclassifications and periodic review ,a service provider payee or a service recipient payor1 as applicable1 shall reclassify or review the classification determination under this section in accordance with section #ajf4 #ajc4 ,mandatory independent contractor classification ,a service provider payee shall be classified as an independent contractor if the service provider payee-- 7#a7 is not classified as an employee pursuant to section #ajd2 and 7#b7 meets one or more of the following requirements3 7,a7 ,licensed profession1 trade1 or occupation ,the service provider payee-- 7i7 is engaged in a licensed profession1 trade1 or occupation2 and 7ii7 holds himself or herself out as providing services to the public4 7,b7 ,business entity ,the service provider payee is a business entity4 7,c7 ,limited economic relationship ,the economic relationship between a service recipient payor and a service provider payee is a limited economic relationship4 7,d7 ,direct sales ,the service provider payee is a direct sales service provider payee4 7,e7 ,bona fide sole proprietor ,the service provider payee is a bona fide sole proprietor4 7,f7 ,formal bona fide contractor ,the service provider payee is a formal bona fide contractor4 #ajd4 ,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 requirements3 7#a7 ,substantial economic relationship ,the economic relationship between a service recipient payor and a service provider payee is a substantial economic relationship4 7#b7 ,employment by agreement ,there is employment by agreement4 #aje4 ,elective classification service provider payees 7a7 ,elective classification service provider payees2 election required ,a service provider payee that does not meet either of the requirements of section #ajc or section #ajd is an elective classification service provider payee4 ,each elective classification service provider payee shall elect whether to be classified as an employee or an independent contractor in accordance with this section4 7b7 ,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 payor4 ,subject to subsection 7c71 the election need not be in any particular form as long as the election-- 7#a7 clearly indicates the service provider payee's intent regarding whether to be classified as an independent contractor or an employee2 7#b7 is dated2 7#c7 is signed by the elective classification service provider payee2 and 7#d7 is countersigned by the service recipient payor4 7c7 ,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 payee4 ,the election required under subsection 7a7 is not effective until the counter-signature of the service recipient payor is secured1 subject to subsection 7f74 7d7 ,timing of election ,the election required under subsection 7a7 shall be made by the elective classification service provider payee upon entering into an economic relationship with a service recipient payor4 ,failure by the elective classification service provider payee to make the election required by subsection 7a7 within #ad days of entering into an economic relationship with a service recipient payor shall be subject to a penalty under subsection 7g77#a71 subject to subsection 7f74 7e7 ,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 7b7 for a period of #c years following its countersignature4 ,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 7g77#b74 7f7 ,absence of countersignature2 default rule ,in the event that an elective classification service provider payee makes the election required under subsection 7a7 except that the elective classification service provider payee requests1 but does not receive1 the countersignature required by subsection 7c7 within #ad days of entering into an economic relationship with a service recipient payor1 the elective classification service provider payee shall be classified as an independent contractor and shall not be in violation of subsection 7g77#a74 7g7 ,penalties 7#a7 ,penalty for failure to make election ,the ,secretary shall impose a penalty not to exceed #ajj on an elective classification service provider payee who fails to make the election required by subsection 7a7 within #ad days of entering into an economic relationship with a service recipient payor4 7#b7 ,penalty for failure to keep records relating to election ,the ,secretary shall impose a penalty not to exceed #ajj on elective classification service provider payees or service recipient payors who fail to maintain the records required by subsection 7e74 7#c7 ,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 #ae percent of the compensation paid to the independent contractor4 7h7 ,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 relationship4 #ajf4 ,change in classification2 periodic classification review 7a7 ,major change in the nature of the economic relationship 7#a7 ,in general ,if there is a major change in the nature of the economic relationship between a service provider payee and a service recipient payor1 then a new classification determination shall be made by the service recipient payor or service provider payee responsible for classification determination pursuant to section #ajb7;b7 upon the major change in the nature of the economic relationship4 7#b7 ,major change described ,for purposes of this section1 a major change in the nature of the economic relationship means an increase or decrease of #be percent or more in the hours worked by1 or the compensation paid to1 the service provider payee by the service recipient payor in the most recent calendar quarter compared to the previous calendar quarter4 7#c7 ,effective date ,if a reclassification determination is made1 it shall be effective beginning on the first day of the first month that immediately follows the determination4 7b7 ,change in classification for other reasons 7#a7 ,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 7a7 that a reasonable person should anticipate could change the classification of a service provider payee1 then the service recipient payor or service provider payee responsible for classification determination pursuant to section #ajb7;b7 shall make a classification determination upon the change in the nature of the economic relationship4 7#b7 ,examples ,changes in the nature of the economic relationship included under paragraph 7#a7 include1 without limitation-- 7,a7 the loss of a license by a service recipient payee2 7,b7 the forfeiture of a business entity charter by a service recipient payee2 7,c7 a change in the relative importance of sales commissions in compensating a direct sales service provider payee2 or 7,d7 a change in the requirement1 or lack thereof1 to perform services exclusively for the service recipient payor4 7#c7 ,reclassification timing ,if a reclassification determination is made1 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 occurred4 7c7 ,periodic review requirement2 frequency 7#a7 ,in general ,the service recipient payor or service provider payee responsible for a classification determination under subsection 7a7 or 7b7 shall make annual determinations for any continuing economic relationships with service recipient payors or service provider payees1 as the case may be4 ,these periodic reviews shall be completed by ,january #ca with respect to continuing economic relationships as of ,december #ca of the previous calendar year4 7#b7 ,effective date of determination changes ,if a reclassification determination is made as a result of this review1 it shall be made effective beginning on the first day of the first month that immediately follows the determination4 7d7 ,exemption ,for purposes of this section1 if a service provider payee does not have more than #ajj hours worked or been compensated more than a total of #aj1jjj during a calendar quarter in which the reclassification determination is made1 then the service provider payor or service provider payee1 as the case may be1 is exempt from the requirements of this section4 ,,ii ,application to other laws #bja4 ,fair ,labor ,standards ,act of #aich ,section #c of the ,fair ,labor ,standards ,act of #aich 7#bi ,u4,s4,c4 #bjc7 is amended-- 7#a7 by striking subsection 7d7 and inserting the following3 7d7 ,employer-- 7#a7 except as otherwise provided in this subsection1 has the meaning given the term in section #aja of the #bast ,century ,worker ,act2 7#b7 includes any person 7including a public agency7 acting directly or indirectly in the interest of an employer in relation to an employee2 and 7#c7 does not include any labor organization 7other than when acting as an employer7 or anyone acting in the capacity of officer or agent of such labor organization4 2 7#b7 by striking paragraph 7#a7 of subsection 7e7 and inserting the following3 7#a7 ,except as provided in paragraphs 7#b71 7#c71 7#d71 and 7#e71 the term employee has the meaning given the term employee in section #aja of the #bast ,century ,worker ,act4 2 and 7#c7 by striking subsection 7g7 and inserting the following3 7g7 7#a7 ,employ includes to suffer or permit to work under a substantial economic relationship 7as defined in section #aja of the #bast ,century ,worker ,act7 between an employer and employee4 7#b7 ,employment means the provision of goods or services by an employee for an employer4 4 #bjb4 ,national ,labor ,relations ,act ,section #b of the ,national ,labor ,relations ,act 7#bi ,u4,s4,c4 #aeb7 is amended-- 7#a7 by striking paragraph 7#b7 and inserting the following3 7#b7 ,the term employer-- 7,a7 except as otherwise provided in this paragraph1 has the meaning given the term in section #aja of the #bast ,century ,worker ,act2 7,b7 includes any person acting as an agent of an employer1 directly or indirectly2 and 7,c7 does not include the ,united ,states or any wholly owned ,government corporation1 or any ,federal ,reserve ,bank1 or any ,state or political subdivision thereof1 or any person subject to the ,railway ,labor ,act1 as amended from time to time1 or any labor organization 7other than when acting as an employer71 or anyone acting in the capacity of officer or agent of such labor organization4 2 7#b7 in paragraph 7#c71 by striking shall include any employee1 and shall not be limited to the employees of a particular employer1 unless the ,act explicitly states otherwise1 and shall and inserting 1 except as otherwise provided in this paragraph1 has the meaning given the term employee in section #aja of the #bast ,century ,worker ,act4 ,the term shall include any employee1 and shall not be limited to the employees of a particular employer4 ,the term shall2 and 7#c7 by adding at the end the following3 7#ae7 ,the term employment means the provision of goods or services by an employee for an employer4 4 #bjc4 ,tax classification 7a7 ,employee and employer ,section #ggja7;a77#bj7 of the ,internal ,revenue ,code of #aihf is amended to read as follows3 7#bj7 ,employee and employer ,the terms employee and employer have the same meaning given such terms in section #aja of the #bast ,century ,worker ,act4 4 7b7 ,employment ,section #caba7;b7 of the ,internal ,revenue ,code of #aihf is amended to read as follows3 7b7 ,the term employment means any services performed by an employee for an employer4 4 7c7 ,conforming amendments 7#a7 ,section #caba of the ,internal ,revenue ,code of #aihf is amended by striking subsection 7d74 7#b7 ,section #ccjf7;a7 of such ,code is amended by striking paragraph 7#c74 7d7 ,effective date ,the amendments made by this section shall apply to taxable years beginning after the date of the enactment of this ,act4 #bjd4 ,,gao study on changes needed to other ,federal laws 7a7 ,in general ,not later than #b years after the date of enactment of this ,act1 the ,comptroller ,general of the ,united ,states shall prepare and submit to ,congress a report that identifies-- 7#a7 all covered ,federal laws that utilize the terms employee1 employer1 employ1 and employment in ways that do not correspond with the definitions of the terms employee and employer under section #aja of this ,act2 and 7#b7 how harmonizing the definitions of employee1 employer1 employ1 and employment across all covered ,federal laws would alter each covered ,federal law4 7b7 ,definition of covered ,federal law ,in this section1 the term covered ,federal law means each of the following3 7#a7 ,the ,age ,discrimination in ,employment ,act of #aifg 7#bi ,u4,s4,c4 #fba et seq471 including subsections 7b7 and 7f7 of section #aa1 and section #ae7;a71 of such ,act 7#bi ,u4,s4,c4 #fcj7;b7 and 7f72 #bi ,u4,s4,c4 #fcc;a7a774 7#b7 ,the ,americans with ,disabilities ,act of #aiij 7#db ,u4,s4,c4 #abaja et seq471 including paragraphs 7#d7 and 7#e7 of section #aja1 and section #eaj1 of such ,act 7#db ,u4,s4,c4 #abaaa7d7 and 7#e72 #db ,u4,s4,c4 #abbji74 7#c7 ,title ,,vii of the ,civil ,rights ,act of #aifd 7#db ,u4,s4,c4 #bjjj;e et seq471 including subsections 7b7 and 7f7 of section #gja1 and section #gag7;a71 of such title 7#db ,u4,s4,c4 #bjjj;e7b7 and 7f72 #db ,u4,s4,c4 #bjjj;e-#af7;a774 7#d7 ,section #cjd7;a7 of the ,civil ,rights ,act of #aiia 7#db ,u4,s4,c4 #bjjj;e-#af;c7a774 7#e7 ,the ,congressional ,accountability ,act of #aiie 7#b ,u4,s4,c4 #acja et seq471 including section #bja of such ,act 7#b ,u4,s4,c4 #acaa74 7#f7 ,the ,employee ,polygraph ,protection ,act of #aihh 7#bi ,u4,s4,c4 #bjja et seq471 including section #b7b7 of such ,act 7#bi ,u4,s4,c4 #bjja7b774 7#g7 ,the ,employee ,retirement ,income ,security ,act of #aigd 7#bi ,u4,s4,c4 #ajja et seq471 including paragraphs 7#e7 and 7#f7 of section #c of such ,act 7#bi ,u4,s4,c4 #ajjb7e71 7#f77 and part #f of subtitle ,b of title ,i of such ,act 7relating to health insurance continuation by employees7 7#bi ,u4,s4,c4 #aafa et seq474 7#h7 ,the ,family and ,medical ,leave ,act of #aiic 7#bi ,u4,s4,c4 #bfja et seq471 including paragraphs 7#c7 and 7#d7 of section #aja of such ,act 7#bi ,u4,s4,c4 #bfaa7c7 and 7#d774 7#i7 ,the ,fair ,credit ,reporting ,act 7#ae ,u4,s4,c4 #afha et seq471 including section #fjc7;h7 of such ,act 7#ae ,u4,s4,c4 #afha;a7h774 7#aj7 ,title ,,ii of the ,genetic ,information ,nondiscrimination ,act of #bjjh 7#db ,u4,s4,c4 #bjjj;ff et seq471 including section #bja7b7 of such ,act 7#db ,u4,s4,c4 #bjjj;ff7#b774 7#aa7 ,the ,government ,employee ,rights ,act of #aiia 7#db ,u4,s4,c4 #bjjj;e-#af;a et seq474 7#ab7 ,the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaja et seq474 7#ac7 ,the ,labor-,management ,reporting and ,disclosure ,act of #aiei 7#bi ,u4,s4,c4 #dja et seq471 including subsections 7e7 and 7f7 of section #c of such ,act 7#bi ,u4,s4,c4 #djb7;e7 and 7f774 7#ad7 ,the ,occupational ,safety and ,health ,act of #aigj 7#bi ,u4,s4,c4 #fea et seq471 including paragraphs 7#e7 and 7#f7 of section #c of such ,act 7#bi ,u4,s4,c4 #feb7e7 and 7#f774 7#ae7 ,subtitle ,b of title ,i of the ,patient ,protection and ,affordable ,care ,act 7#db ,u4,s4,c4 #ahjja et seq474 7#af7 ,the ,rehabilitation ,act of #aigc 7#bi ,u4,s4,c4 #gja et seq471 including section #eja of such ,act 7#bi ,u4,s4,c4 #gia74 7#ag7 ,the ,worker ,adjustment and ,retraining ,notification ,act 7#bi ,u4,s4,c4 #baja et seq471 including section #b7;a7 of such ,act 7#bi ,u4,s4,c4 #baja7;a774 7#ah7 ,section #aigg;,a of the ,revised ,statutes 7#db ,u4,s4,c4 #aiha;a74 7#ai7 ,section #daa of title #c1 ,united ,states ,code4 7#bj7 ,chapter #ha of title #e1 ,united ,states ,code 7commonly known as the ,federal ,employees' ,compensation ,act71 including paragraphs 7#a7 and 7#ab7 of section #haja of such title4 7#ba7 ,subchapter ,,iv of chapter #ca of title #dj1 ,united ,states ,code 7commonly known as the ,davis-,bacon ,act74 7#bb7 ,chapter #dc of title #ch1 ,united ,states ,code 7commonly known as the ,uniformed ,services ,employment and ,reemployment ,rights ,act71 including paragraphs 7#c7 and 7#d7 of section #dcjc of such title4 7#bc7 ,chapter #cg of title #dj1 ,united ,states ,code 7commonly known as the ,contract ,work ,hours and ,safety ,standards ,act71 including section #cgja7;b77#b7 of such title4 7#bd7 ,chapter #fg of title #da1 ,united ,states ,code 7commonly known as the ,mc,namara-,o',hara ,service ,contract ,act71 including section #fgja7c7 of such title4 7#be7 ,chapter #ha of title #da1 ,united ,states ,code 7commonly referred to as the ,drug-,free ,workplace ,act71 including section #haja7;a77#f7 of such title4