II 

117TH CONGRESS 

2D SESSION S. 4013 

To promote United States energy security and independence by bolstering 

renewable energy supply chains in the United States, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

APRIL 6, 2022 

Mr. SANDERS (for himself, Mr. PADILLA, Mr. BOOKER, Ms. WARREN, Mr. 

MARKEY, Mr. MURPHY, and Mr. MERKLEY) introduced the following bill; 

which was read twice and referred to the Committee on Energy and Natural Resources 

A BILL 

To promote United States energy security and independence 

by bolstering renewable energy supply chains in the 

United States, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Energy Security and 

5 Independence Act of 2022’’. 

6 SEC. 2. DEFINITIONS. 

7 In this Act: 

8 (1) COVERED ENERGY-EFFICIENCY OR RENEW9 ABLE ENERGY SYSTEM OR TECHNOLOGY.—The term 


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1 ‘‘covered energy-efficiency or renewable energy sys2 tem or technology’’ means— 

3 (A) a renewable energy generation system; 

4 (B) a renewable energy storage system; 

5 (C) an energy-efficiency system (including 

6 a heat pump); 

7 (D) an energy-efficiency technology; 

8 (E) an electric transportation system; 

9 (F) a renewable energy technology; and 

10 (G) an energy storage technology utilizing 

11 energy generated from a renewable energy 

12 source. 

13 (2) DIRECT LOAN.— 

14 (A) IN GENERAL.—The term ‘‘direct loan’’ 

15 means a disbursement of funds by the Federal 

16 Government to a non-Federal borrower under a 

17 contract that requires the repayment of those 

18 funds with or without interest. 

19 (B) INCLUSION.—The term ‘‘direct loan’’ 

20 includes the purchase of, or participation in— 

21 (i) a loan made by another lender; or 

22 (ii) a financing arrangement that de23 fers payment for more than 90 days, in24 cluding the sale of a Government asset on 

25 credit terms. 


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1 (3) ELIGIBLE ENTITY.—The term ‘‘eligible enti2 ty’’ means a private entity, including a manufac3 turer, or a partnership of private entities. 

4 (4) ENVIRONMENTAL JUSTICE COMMUNITY.— 

5 The term ‘‘environmental justice community’’ means 

6 a community with significant representation of 1 or 

7 more communities of color, low-income communities, 

8 or Tribal or indigenous communities that experience, 

9 or are at risk of experiencing, higher or more ad10 verse human health or environmental effects as com11 pared to other communities. 

12 (5) HEAT PUMP.—The term ‘‘heat pump’’ 

13 means a device that— 

14 (A) transfers heat from a colder area to a 

15 hotter area by using mechanical energy; and 

16 (B) is used to maintain a safe, com17 fortable, and affordable temperature in a build18 ing. 

19 (6) PUBLIC HEAT PUMP.—The term ‘‘public 

20 heat pump’’ means a heat pump that is owned or 

21 operated by— 

22 (A) a unit of Federal, State, or local gov23 ernment; or 

24 (B) a cooperatively owned utility. 


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1 (7) RENEWABLE ENERGY.—The term ‘‘renew2 able energy’’ means energy generated from a renew3 able energy source. 

4 (8) RENEWABLE ENERGY SOURCE.—The term 

5 ‘‘renewable energy source’’ means wind, solar, tidal, 

6 wave, or geothermal energy. 

7 SEC. 3. FINDING. 

8 Congress finds that it is in the interests of the United 

9 States— 

10 (1) to have a viable domestic manufacturing 

11 supply chain for components of covered energy-effi12 ciency and renewable energy systems and tech13 nologies; and 

14 (2) to reduce the reliance of United States 

15 manufacturers on components of covered energy-effi16 ciency and renewable energy systems and tech17 nologies made in foreign countries. 

18 SEC. 4. USE OF DEFENSE PRODUCTION ACT OF 1950 AU19 THORITIES TO SUPPORT DOMESTIC INDUS20 TRIAL BASE AND MANUFACTURING CAPA21 BILITIES FOR RENEWABLE ENERGY TECH22 NOLOGIES. 

23 (a) RENEWABLE ENERGY TECHNOLOGIES AS STRA24 TEGIC AND CRITICAL MATERIALS.—Section 106 of the 


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1 Defense Production Act of 1950 (50 U.S.C. 4516) is 

2 amended— 

3 (1) by inserting ‘‘(a)’’ before ‘‘For purposes’’; 

4 and 

5 (2) by adding at the end the following: 

6 ‘‘(b) The designation of energy as a strategic and 

7 critical material under subsection (a) includes the designa8 tion of covered energy-efficiency and renewable energy sys9 tems and technologies (as defined in section 2 of the En10 ergy Security and Independence Act of 2022) as strategic 

11 and critical materials.’’. 

12 (b) APPROPRIATION.— 

13 (1) IN GENERAL.—In addition to amounts oth14 erwise available, there is appropriated for fiscal year 

15 2022, out of any money in the Treasury not other16 wise appropriated, $100,000,000,000 to the Presi17 dent to carry out subsection (c). 

18 (2) AVAILABILITY OF AMOUNTS.—Amounts ap19 propriated under paragraph (1) shall remain avail20 able until September 30, 2032. 

21 (c) SUPPORT FOR DOMESTIC INDUSTRIAL BASE AND

22 MANUFACTURING CAPABILITIES.— 

23 (1) IN GENERAL.—The President shall use the 

24 authorities under titles I and III and section 708(c) 

25 of the Defense Production Act of 1950 (50 U.S.C. 


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1 4501 et seq.) to establish, maintain, protect, or re2 store the domestic industrial base and manufac3 turing capabilities for covered energy-efficiency and 

4 renewable energy systems and technologies, includ5 ing by providing loan guarantees, loans, purchase 

6 agreements, and grants to manufacturing entities to 

7 expand the domestic productive capacity of those en8 tities and repurpose equipment to meet the manufac9 turing demands of such systems and technologies. 

10 (2) REQUIREMENTS.—In carrying out para11 graph (1), the President shall— 

12 (A) identify the domestic industrial base 

13 needs to transform the United States domestic 

14 energy system into a 100-percent renewable en15 ergy system; 

16 (B) use the authorities under title I of the 

17 Defense Production Act (50 U.S.C. 4501 et 

18 seq.)— 

19 (i) to prioritize contracts and allocate 

20 materials, services, and facilities to achieve 

21 the goal described in subparagraph (A); 

22 and 

23 (ii) to allocate the strategic and crit24 ical materials described in section 106(b) 


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1 of that Act, as added by subsection (a), in 

2 a manner that prioritizes— 

3 (I) environmental justice commu4 nities first; 

5 (II) publicly owned systems of re6 newable energy; 

7 (III) systems that reduce utility 

8 and energy costs in the United States; 

9 and 

10 (IV) Federal agencies whose 

11 buildings can be used as public 

12 sources of solar energy for environ13 mental justice communities; and 

14 (C) take the actions described in subpara15 graph (B) in tandem with existing financial and 

16 technical assistance programs of the Depart17 ment of Energy, the Department of Transpor18 tation, and such other agencies as the President 

19 considers appropriate; and 

20 (D) coordinate with the task force estab21 lished under section 5. 


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1 SEC. 5. DOMESTIC RENEWABLE ENERGY INDUSTRIAL BASE 

2 TASK FORCE. 

3 (a) IN GENERAL.—The President shall establish a 

4 domestic renewable energy industrial base task force that 

5 includes— 

6 (1) manufacturers, engineers, scientists, and 

7 planning experts in the fields of— 

8 (A) equitable energy; and 

9 (B) energy democracy and transportation 

10 design; 

11 (2) environmental justice community leaders; 

12 (3) labor unions; 

13 (4) the Secretary of Energy, the Secretary of 

14 Transportation, and the Secretary of Labor; 

15 (5) staff of the National Laboratories (as de16 fined in section 2 of the Energy Policy Act of 2005 

17 (42 U.S.C. 15801)); and 

18 (6) other relevant Federal, State, and local 

19 agencies. 

20 (b) DUTIES.—The task force established under sub21 section (a) shall develop a manufacturing and allocation 

22 plan— 

23 (1) to establish, maintain, protect, and restore 

24 a domestic industrial base and manufacturing capa25 bilities for covered energy-efficiency and renewable 

26 energy systems and technologies; 


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1 (2) to reach the goal of a 100 percent renew2 able energy system as soon as possible, using the 

3 best available science and technologies; 

4 (3) to prioritize distributed energy resources 

5 and storage to boost climate resilience and equity; 

6 (4) to make an equitable allocation of Federal 

7 renewable energy investments and assistance, in 

8 partnership with environmental justice communities 

9 and public entities; and 

10 (5) to ensure that the domestic industrial base 

11 of covered energy-efficiency and renewable energy 

12 systems and technologies creates and maintains 

13 high-quality jobs that are represented by labor orga14 nizations. 

15 (c) APPROPRIATIONS.—In addition to amounts other16 wise available, there is appropriated, out of any money in 

17 the Treasury not otherwise appropriated, $25,000,000 to 

18 the President to carry out this section for fiscal year 2022, 

19 to remain available until September 30, 2031. 

20 SEC. 6. RENEWABLE ENERGY GENERATION SYSTEM COM21 PONENT MANUFACTURING SUPPLY CHAIN 

22 ASSISTANCE. 

23 (a) IN GENERAL.—Not later than 180 days after the 

24 date of enactment of this Act, the Secretary of Energy 

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1 lish a program (referred to in this section as the ‘‘pro2 gram’’) to provide financial assistance, including grants, 

3 direct loans, and loan guarantees, to eligible entities to 

4 carry out projects— 

5 (1) to construct new facilities that manufacture 

6 components of covered energy-efficiency and renew7 able energy systems and technologies; and 

8 (2) to retool, retrofit, or expand existing facili9 ties that manufacture, or have the ability to manu10 facture, components of covered energy-efficiency and 

11 renewable energy systems and technologies. 

12 (b) APPLICATION.—To be eligible to receive financial 

13 assistance under the program, an eligible entity shall sub14 mit to the Secretary an application at such time, in such 

15 manner, and containing such information as the Secretary 

16 may require. 

17 (c) PRIORITY.—In providing financial assistance 

18 under the program, the Secretary shall give priority to 

19 projects that— 

20 (1) have the potential to benefit an environ21 mental justice community, including by reducing the 

22 pollution and emissions within, and the utility costs 

23 of, such a community; 

24 (2) are strategically located near manufacturers 

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1 newable energy systems and technologies to create a 

2 geographic concentration of those manufacturers in 

3 the manufacturing supply chain; 

4 (3) have potential to directly and indirectly cre5 ate domestic jobs, including jobs for low-income 

6 communities, dislocated workers, and workers from 

7 groups that are underrepresented in the manufac8 turing industry, including formerly incarcerated 

9 workers; 

10 (4) will result in economic development or eco11 nomic diversification in economically distressed re12 gions or localities; and 

13 (5) do not expedite or fast track any applicable 

14 environmental review processes. 

15 (d) DIRECT LOAN CONDITIONS.—A direct loan made 

16 under the program shall— 

17 (1) bear interest at a rate that does not exceed 

18 a level that the Secretary determines to be appro19 priate; and 

20 (2) be subject to such other terms and condi21 tions as the Secretary determines to be appropriate. 

22 (e) COST SHARING FOR GRANTS.—Section 988(c) of 

23 the Energy Policy Act of 2005 (42 U.S.C. 16352(c)) shall 

24 apply to a grant made under the program. 


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1 (f) CONDITIONS OF RECEIPT OF FINANCIAL ASSIST2 ANCE.— 

3 (1) REQUIRED AGREEMENT.—An eligible entity 

4 awarded financial assistance under the program 

5 shall enter into an agreement that specifies that, 

6 during the 5-year period immediately following the 

7 award of the financial assistance— 

8 (A) the eligible entity will not— 

9 (i) repurchase an equity security of 

10 the eligible entity or any parent company 

11 of the eligible entity that is listed on a na12 tional securities exchange, except to the ex13 tent required under a contractual obliga14 tion that is in effect as of the date of en15 actment of this Act; 

16 (ii) outsource or offshore jobs to a lo17 cation outside of the United States; or 

18 (iii) abrogate existing collective bar19 gaining agreements; and 

20 (B) the eligible entity will remain neutral 

21 in any union organizing effort. 

22 (2) FINANCIAL PROTECTION OF GOVERN23 MENT.— 


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1 (A) IN GENERAL.—Financial assistance 

2 may not be awarded under the program to an 

3 eligible entity unless— 

4 (i)(I) the eligible entity has issued se5 curities that are traded on a national secu6 rities exchange; and 

7 (II) the Secretary of the Treasury re8 ceives a warrant or equity interest in the 

9 eligible entity; or 

10 (ii) in the case of an eligible entity 

11 other than an eligible entity described in 

12 clause (i)(I), the Secretary of the Treasury 

13 receives, in the discretion of the Secretary 

14 of the Treasury— 

15 (I) a warrant or equity interest 

16 in the eligible entity; or 

17 (II) a senior debt instrument 

18 issued by the eligible entity. 

19 (B) TERMS AND CONDITIONS.—The terms 

20 and conditions of any warrant, equity interest, 

21 or senior debt instrument received under sub22 paragraph (A)(ii) shall be set by the Secretary 

23 and shall meet the following requirements: 

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1 sonable participation by the Secretary, for 

2 the benefit of taxpayers, in— 

3 (I) equity appreciation in the 

4 case of a warrant or other equity in5 terest; or 

6 (II) a reasonable interest rate 

7 premium, in the case of a debt instru8 ment. 

9 (ii) AUTHORITY TO SELL, EXERCISE, 

10 OR SURRENDER.— 

11 (I) IN GENERAL.—For the pri12 mary benefit of taxpayers, the Sec13 retary may sell, exercise, or surrender 

14 a warrant or any senior debt instru15 ment received under this paragraph. 

16 (II) NO VOTING.—The Secretary 

17 shall not exercise voting power with 

18 respect to any shares of common 

19 stock acquired under this paragraph. 

20 (iii) SUFFICIENCY.—If the Secretary 

21 determines that an eligible entity cannot 

22 feasibly issue warrants or other equity in23 terests as required by this paragraph, the 

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1 ment in an amount and on such terms as 

2 the Secretary determines appropriate. 

3 (g) FREE, PRIOR, AND INFORMED CONSENT FOR IN4 DIGENOUS COMMUNITIES IN THE SITING PROCESS.—The 

5 Secretary shall establish standards and procedural re6 quirements to secure free, prior, and informed consent of 

7 Indian Tribes to the siting of projects carried out with 

8 financial assistance under the program that affect Indian 

9 land, water, livelihoods, and culture, including off-reserva10 tion treaty-reserved rights to hunting, fishing, gathering, 

11 and protection of, and access to, sacred sites. 

12 (h) PROHIBITION.—In carrying out the program, the 

13 Secretary may not provide financial assistance for projects 

14 that will source components of covered energy-efficiency 

15 and renewable energy systems and technologies from, or 

16 supply components of covered energy-efficiency and renew17 able energy systems and technologies to, entities that use 

18 forced labor (as defined in section 307 of the Tariff Act 

19 of 1930 (19 U.S.C. 1307)). 

20 (i) STUDY AND REPORT.—Not later than 1 year after 

21 the date of enactment of this Act, the Secretary shall con22 duct, and submit to Congress a report describing the re23 sults of, a study on— 

24 (1) opportunities to convert fossil fuel infra25 structure into renewable energy infrastructure; 


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1 (2) gaps in the current United States manufac2 turing supply chains for covered energy-efficiency 

3 and renewable energy systems and technologies; and 

4 (3) benefits to the energy security of the United 

5 States of onshoring supply chains for covered en6 ergy-efficiency and renewable energy systems and 

7 technologies. 

8 (j) AUTHORIZATION OF APPROPRIATIONS.—There is 

9 authorized to be appropriated to carry out this section 

10 $10,000,000,000 for the period of fiscal years 2023 

11 through 2032. 

12 SEC. 7. WEATHERIZATION ASSISTANCE PROGRAM. 

13 Section 422 of the Energy Conservation and Produc14 tion Act (42 U.S.C. 6872) is amended— 

15 (1) by striking the section designation and 

16 heading and all that follows through ‘‘For the’’ and 

17 inserting the following: 

18 ‘‘SEC. 422. APPROPRIATIONS. 

19 ‘‘For the’’; and 

20 (2) in the matter preceding paragraph (1), by 

21 striking ‘‘are authorized to be appropriated—’’ and 

22 all that follows through the period at the end of 

23 paragraph (2) and inserting ‘‘is appropriated, out of 

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1 priated, $3,000,000,000 for each of fiscal years 

2 2023 through 2032.’’. 

3 SEC. 8. PUBLIC HEAT PUMPS. 

4 In addition to amounts otherwise available, there is 

5 appropriated for fiscal year 2022, out of any funds in the 

6 Treasury not otherwise appropriated, $10,000,000,000 to 

7 the Secretary of Energy, acting through the Office of En8 ergy Efficiency and Renewable Energy, to procure and in9 stall public heat pumps, to remain available until Sep10 tember 30, 2032. 

11 SEC. 9. MINIMUM LABOR STANDARDS. 

12 (a) DEFINITIONS.—In this section: 

13 (1) COVERED ENTITY.—The term ‘‘covered en14 tity’’ means an entity that directly or indirectly re15 ceives funds or assistance under a covered energy 

16 program, without regard to the form, amount, or 

17 type of Federal assistance provided. 

18 (2) COVERED ENERGY PROGRAM.—The term 

19 ‘‘covered energy program’’ means— 

20 (A) a program authorized under this Act; 

21 or 

22 (B) the Weatherization Assistance Pro23 gram for Low-Income Persons established 

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1 servation and Production Act (42 U.S.C. 6861 

2 et seq.). 

3 (3) PROJECT LABOR AGREEMENT.—The term 

4 ‘‘project labor agreement’’ means a pre-hire collec5 tive bargaining agreement with one or more labor 

6 organizations that— 

7 (A) establishes the terms and conditions of 

8 employment for a specific construction project; 

9 and 

10 (B) is an agreement described in section 

11 8(f) of the National Labor Relations Act (29 

12 U.S.C. 158(f)). 

13 (b) LABOR STANDARD REQUIREMENTS.—Notwith14 standing any other provision of law, a covered entity shall 

15 comply with the labor standards under this section. 

16 (c) PREVAILING WAGES.—A covered entity shall en17 sure the following: 

18 (1) LABORERS AND MECHANICS.—Any laborer 

19 or mechanic employed by the covered entity, or any 

20 contractor or subcontractor in the performance of 

21 work funded or assisted, in whole or in part, under 

22 a covered energy program, shall be paid wages at 

23 rates not less than those prevailing on work of a 

24 similar character in the locality, as determined by 

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1 ter 31 of title 40, United States Code (commonly 

2 known as the ‘‘Davis-Bacon Act’’). With respect to 

3 the labor standards in this subsection, the Secretary 

4 of Labor shall have the authority and functions set 

5 forth in Reorganization Plan Numbered 14 of 1950 

6 (64 Stat. 1267; 5 U.S.C. App.) and section 3145 of 

7 title 40, United States Code. 

8 (2) OTHER WORKERS.—All individuals em9 ployed by the covered entity, or any contractor or 

10 subcontractor using funds or other assistance pro11 vided under a covered energy program, in the manu12 facture or furnishing of materials, supplies, articles, 

13 or equipment shall be paid wages at rates not less 

14 than employees performing similar work or in the 

15 particular or similar industries or groups of indus16 tries currently operating in the locality in which the 

17 materials, supplies, articles, or equipment are to be 

18 manufactured or furnished, as determined by the 

19 Secretary of Labor in accordance with sections 6501 

20 through 6511 of title 41, United States Code (com21 monly known as the ‘‘Public Contracts Act’’). 

22 (d) LABOR-MANAGEMENT COOPERATION.— 

23 (1) DEFINITIONS.—In this subsection: 

24 (A) NLRA DEFINITIONS.—The terms 

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1 tion’’ have the meanings given the terms in sec2 tion 2 of the National Labor Relations Act (29 

3 U.S.C. 152). 

4 (B) BOARD.—The term ‘‘Board’’ means 

5 the National Labor Relations Board. 

6 (2) IN GENERAL.—Notwithstanding any con7 trary provision of law, including the National Labor 

8 Relations Act (29 U.S.C. 151 et seq.), paragraphs 

9 (3) through (8) shall apply with respect to any cov10 ered entity that is an employer and any labor orga11 nization who represents or seeks to represent em12 ployees of such covered entity. 

13 (3) LABOR PEACE.—Any employer that is a 

14 covered entity shall recognize for purposes of collec15 tive bargaining a labor organization that dem16 onstrates that a majority of the employees in a unit 

17 appropriate for bargaining who perform or will per18 form work funded or assisted, in whole or in part, 

19 by a covered energy program have signed valid au20 thorizations designating the labor organization as 

21 their bargaining representative and that no other 

22 labor organization is currently certified or recognized 

23 as the exclusive representative of any of the employ24 ees in the unit pursuant to the National Labor Rela25 tions Act (29 U.S.C. 151 et seq.). Upon such showVerDate Sep 11 2014 21:57 Apr 07, 2022 Jkt 029200 PO 00000 Frm 00020 Fmt 6652 Sfmt 6201 E:\BILLS\S4013.IS S4013

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1 ing of majority status, the employer shall notify the 

2 labor organization and the Board that the employer 

3 has determined that the labor organization rep4 resents a majority of the employees and that the em5 ployer is recognizing the labor organization as the 

6 exclusive representative of the employees for the pur7 poses of collective bargaining pursuant to section 9 

8 of such Act (29 U.S.C. 159). 

9 (4) CERTIFICATION.—Should a dispute over 

10 majority status or the appropriateness of the unit 

11 arise between the employer and the labor organiza12 tion, either party may request that the Board inves13 tigate and resolve the dispute. If the Board finds 

14 that a majority of the employees in a unit appro15 priate for bargaining has signed valid authorizations 

16 designating the labor organization as their bar17 gaining representative and that no other individual 

18 or labor organization is currently certified or recog19 nized as the exclusive representative of any of the 

20 employees in the unit, the Board shall not direct an 

21 election but shall certify the labor organization as 

22 the representative described in section 9(a) of the 

23 National Labor Relations Act (29 U.S.C. 159(a)). 

24 (5) COMMENCEMENT OF BARGAINING.—Not 

25 later than 10 days after receiving a written request 


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1 for collective bargaining from a recognized or cer2 tified labor organization, or within such period as 

3 the parties agree upon, the labor organization and 

4 employer shall meet and commence to bargain collec5 tively and shall make every reasonable effort to con6 clude and sign a collective bargaining agreement. 

7 (6) MEDIATION.—If after the expiration of the 

8 90-day period beginning on the date on which bar9 gaining is commenced, or such additional period as 

10 the parties may agree upon, the parties have failed 

11 to reach an agreement, either party may notify the 

12 Federal Mediation and Conciliation Service of the 

13 existence of a dispute and request mediation. When14 ever such a request is received, it shall be the duty 

15 of the Service promptly to put itself in communica16 tion with the parties and to use its best efforts, by 

17 mediation and conciliation, to bring them to agree18 ment. 

19 (7) ARBITRATION.—If after the expiration of 

20 the 30-day period beginning on the date on which 

21 the request for mediation is made under paragraph 

22 (6), or such additional period as the parties may 

23 agree upon, the Federal Mediation and Conciliation 

24 Service is not able to bring the parties to agreement 

25 by conciliation, the Service shall refer the dispute to 


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1 a tripartite arbitration panel established in accord2 ance with such regulations as may be prescribed by 

3 the Service, with one member selected by the labor 

4 organization, one member selected by the employer, 

5 and one neutral member mutually agreed to by the 

6 parties. The labor organization and employer must 

7 each select the members of the tripartite arbitration 

8 panel within 14 days of the Service’s referral; if the 

9 labor organization or employer fail to do so, the 

10 Service shall designate any members not selected by 

11 the labor organization or the employer. A majority 

12 of the tripartite arbitration panel shall render a deci13 sion settling the dispute as soon as practicable and 

14 not later than within 120 days of the selection of all 

15 members of the panel, absent extraordinary cir16 cumstances or by agreement or permission of the 

17 parties, and such decision shall be binding upon the 

18 parties for a period of 2 years, unless amended dur19 ing such period by written consent of the parties. 

20 Such decision shall be based on— 

21 (A) the employer’s financial status and 

22 prospects; 

23 (B) the size and type of the employer’s op24 erations and business; 

25 (C) the employees’ cost of living; 


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1 (D) the employees’ ability to sustain them2 selves, their families, and their dependents on 

3 the wages and benefits they earn from the em4 ployer; and 

5 (E) the wages and benefits other employers 

6 in the same business provide their employees. 

7 (8) CONTRACTORS AND SUBCONTRACTORS.— 

8 Any employer that is a covered entity shall require 

9 any contractor or subcontractor whose employees 

10 perform or will perform work funded or assisted, in 

11 whole or in part, by a covered energy program to 

12 comply with the requirements set forth in para13 graphs (2) through (7). 

14 (e) PROJECT LABOR AGREEMENT.—A covered entity 

15 performing any construction project funded or assisted, in 

16 whole or in part, by a covered energy program shall be 

17 a party to, or, as applicable, require contractors and sub18 contractors in the performance of such project to be a 

19 party to, a project labor agreement. 

20 (f) LIMITS ON BACKGROUND CHECKS.—A covered 

21 entity, and each contractor and subcontractor in the per22 formance of any work funded or assisted, in whole or in 

23 part, by a covered energy program, shall not request or 

24 otherwise consider the criminal history of an applicant for 


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1 employment before extending a conditional offer to the ap2 plicant, unless— 

3 (1) a background check is otherwise required by 

4 law; 

5 (2) the position is for a Federal law enforce6 ment officer (as defined in section 115(c) of title 18, 

7 United States Code) position; or 

8 (3) the Secretary of Labor, in consultation with 

9 the Secretary of Energy, certifies that precluding 

10 criminal history prior to the conditional offer would 

11 pose a threat to national security. 

12 (g) EMPLOYEE STATUS.—A covered entity, and each 

13 contractor and subcontractor of the covered entity in the 

14 performance of any project funded or assisted, in whole 

15 or in part, by a covered energy program, shall consider 

16 an individual performing any service in such performance 

17 as an employee (and not an independent contractor) of 

18 the covered entity, contractor, or subcontractor, respec19 tively, unless— 

20 (1) the individual is free from control and direc21 tion in connection with the performance of the serv22 ice, both under the contract for the performance of 

23 the service and in fact; 


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1 (2) the service is performed outside the usual 

2 course of the business of the covered entity, con3 tractor, or subcontractor, respectively; and 

4 (3) the individual is customarily engaged in an 

5 independently established trade, occupation, profes6 sion, or business of the same nature as that involved 

7 in such service. 

8 SEC. 10. EQUITABLE ALLOCATION OF FUNDS. 

9 The President and the Secretary of Energy shall each 

10 ensure that of the total amount of Federal support and 

11 assistance provided under this Act by the President and 

12 the Secretary of Energy, respectively, not less than 40 per13 cent shall be invested in environmental justice commu14 nities. 

Æ 


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