; (bb) 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 (cc) 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.). (C) Covered employer (i) In general In subparagraph (A)(i)(I), the term covered employer — (I) means any person engaged in commerce (including government), or in any industry or activity affecting commerce (including government), who employs 1 or more employees; (II) includes— (aa) any person who acts directly or indirectly in the interest of (within the meaning of section 3(d) of the Fair Labor Standards Act of 1938 ( 29 U.S.C. 203(d) )) an employer in relation to any of the employees of such employer; and (bb) any successor in interest of an employer; (III) except as provided in subparagraph (B), includes any public agency, as defined in section 3(x) of the Fair Labor Standards Act of 1938 ( 29 U.S.C. 203(x) ); (IV) includes any person described in subclause (I) who conducts business as a not-for-profit organization; (V) includes— (aa) an entity or person that contracts directly with a State, locality, Tribal government, or the Federal Government, to provide care (which may include items and services) through employees of such entity or person to individuals under the Medicare program under title XVIII of the Social Security Act ( 42 U.S.C. 1395 et seq.), under a State Medicaid plan under title XIX of such Act ( 42 U.S.C. 1396 et seq.) or under a waiver of such plan, or under any other program established or administered by a State, locality, Tribal government, or the Federal Government; (bb) a subcontractor of an entity or person described in item (aa)