ing such period by written consent of the parties. 
Such decision shall be based on— 
(A) the employer’s financial status and 
prospects; 
(B) the size and type of the employer’s op-
erations and business; 
(C) the employees’ cost of living; 
(D) the employees’ ability to sustain them-
selves, their families, and their dependents on 
the wages and benefits they earn from the em-
ployer; and 
(E) the wages and benefits other employers 
in the same business provide their employees. 
(8) CONTRACTORS
AND
SUBCONTRACTORS.— 
Any employer that is a covered entity shall require 
any contractor or subcontractor whose employees 
perform or will perform work funded or assisted, in 
whole or in part, by a covered energy program to 
comply with the requirements set forth in para-
graphs (2) through (7). 
(e) PROJECT LABOR AGREEMENT.—A covered entity 
performing any construction project funded or assisted, in 
whole or in part, by a covered energy program shall be 
a party to, or, as applicable, require contractors and sub-
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contractors in the performance of such project to be a 
party to, a project labor agreement. 
(f) LIMITS ON BACKGROUND CHECKS.—A covered 
entity, and each contractor and subcontractor in the per-
formance of any work funded or assisted, in whole or in 
part, by a covered energy program, shall not request or 
otherwise consider the criminal history of an applicant for 
employment before extending a conditional offer to the ap-
plicant, unless— 
(1) a background check is otherwise required by 
law; 
(2) the position is for a Federal law enforce-
ment officer (as defined in section 115(c) of title 18, 
United States Code) position; or 
(3) the Secretary of Labor, in consultation with 
the Secretary of Energy, certifies that precluding 
criminal history prior to the conditional offer would 
pose a threat to national security. 
(g) EMPLOYEE STATUS.—A covered entity, and each 
contractor and subcontractor of the covered entity in the 
performance of any project funded or assisted, in whole 
or in part, by a covered energy program, shall consider 
an individual performing any service in such performance 
as an employee (and not an independent contractor) of 
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the covered entity, contractor, or subcontractor, respec-
tively, unless— 
(1) the individual is free from control and direc-
tion in connection with the performance of the serv-
ice, both under the contract for the performance of 
the service and in fact; 
(2) the service is performed outside the usual 
course of the business of the covered entity, con-
tractor, or subcontractor, respectively; and 
(3) the individual is customarily engaged in an 
independently established trade, occupation, profes-
sion, or business of the same nature as that involved 
in such service. 
SEC. 10. EQUITABLE ALLOCATION OF FUNDS. 
The President and the Secretary of Energy shall each 
ensure that of the total amount of Federal support and 
assistance provided under this Act by the President and 
the Secretary of Energy, respectively, not less than 40 per-
cent shall be invested in environmental justice commu-
nities. 
Æ 
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