‘‘(C) EXCLUSION OF SALE OF CERTAIN VE-
HICLES.— 
‘‘(i) IN
GENERAL.—For purposes of 
subparagraph (A), any new qualified plug- 
in electric drive motor vehicle manufac-
tured by the manufacturer of the vehicle 
referred to in paragraph (1) which was 
sold during the exclusion period shall not 
be included for purposes of determining 
the number of such vehicles sold. 
‘‘(ii) EXCLUSION PERIOD.—For pur-
poses of this subparagraph, the exclusion 
period is the period— 
‘‘(I) beginning on the first date 
on which the number of new qualified 
plug-in electric drive motor vehicles 
manufactured by the manufacturer of 
the vehicle referred to in paragraph 
(1) sold for use in the United States 
after December 31, 2009, is at least 
200,000, and 
‘‘(II) ending on the date of the 
enactment of the GREEN Act of 
2020. 
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‘‘(4) CONTROLLED GROUPS.—Rules similar to 
the rules of section 30B(f)(4) shall apply for pur-
poses of this subsection.’’. 
(b) EXTENSION FOR 2- AND 3-WHEELED PLUG-IN 
ELECTRIC VEHICLES.—Section 30D(g)(3)(E) is amended 
to read as follows: 
‘‘(E) is acquired after December 31, 2020, 
and before January 1, 2026.’’. 
(c) EFFECTIVE DATE.— 
(1) LIMITATION.—The amendment made by 
subsection (a) shall apply to vehicles sold after the 
date of the enactment of this Act. 
(2) EXTENSION.—The amendment made by 
subsection (b) shall apply to vehicles sold after De-
cember 31, 2020. 
SEC. 402. CREDIT FOR PREVIOUSLY-OWNED QUALIFIED 
PLUG-IN ELECTRIC DRIVE MOTOR VEHICLES. 
(a) IN GENERAL.—Subpart A of part IV of sub-
chapter A of chapter 1 is amended by inserting after sec-
tion 25D the following new section: 
‘‘SEC. 25E. PREVIOUSLY-OWNED QUALIFIED PLUG-IN ELEC-
TRIC DRIVE MOTOR VEHICLES. 
‘‘(a) ALLOWANCE
OF CREDIT.—In the case of a 
qualified buyer who during a taxable year places in service 
a previously-owned qualified plug-in electric drive motor 
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vehicle, there shall be allowed as a credit against the tax 
imposed by this chapter for the taxable year an amount 
equal to the sum of— 
‘‘(1) $1,250, plus 
‘‘(2) in the case of a vehicle which draws pro-
pulsion energy from a battery which exceeds 4 kilo-
watt hours of capacity (determined at the time of 
sale), the lesser of— 
‘‘(A) $1,250, and 
‘‘(B) the product of $208.50 and such ex-
cess kilowatt hours. 
‘‘(b) LIMITATIONS.— 
‘‘(1) SALE PRICE.—The credit allowed under 
subsection (a) with respect to sale of a vehicle shall 
not exceed 30 percent of the sale price. 
‘‘(2) ADJUSTED GROSS INCOME.—The amount 
which would (but for this paragraph) be allowed as 
a credit under subsection (a) shall be reduced (but 
not below zero) by $250 for each $1,000 (or fraction 
thereof) by which the taxpayer’s adjusted gross in-
come exceeds $30,000 (twice such amount in the 
case of a joint return). 
‘‘(c) DEFINITIONS.—For purposes of this section— 
‘‘(1) PREVIOUSLY-OWNED QUALIFIED PLUG-IN 
ELECTRIC DRIVE MOTOR VEHICLE.—The term ‘pre-
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viously-owned qualified plug-in electric drive motor 
vehicle’ means, with respect to a taxpayer, a motor 
vehicle— 
‘‘(A) the model year of which is at least 2 
earlier than the calendar year in which the tax-
payer acquires such vehicle, 
‘‘(B) the original use of which commences 
with a person other than the taxpayer, 
‘‘(C) which is acquired by the taxpayer in 
a qualified sale, 
‘‘(D) registered by the taxpayer for oper-
ation in a State or possession of the United 
States, and 
‘‘(E) which meets the requirements of sub-
paragraphs (C), (D), (E), and (F) of section 
30D(d)(1). 
‘‘(2) QUALIFIED
SALE.—The term ‘qualified 
sale’ means a sale of a motor vehicle— 
‘‘(A) by a person who holds such vehicle in 
inventory (within the meaning of section 471) 
for sale or lease, 
‘‘(B) for a sale price of less than $25,000, 
and 
‘‘(C) which is the first transfer since the 
date of the enactment of this section to a per-
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son other than the person with whom the origi-
nal use of such vehicle commenced. 
‘‘(3) QUALIFIED BUYER.—The term ‘qualified 
buyer’ means, with respect to a sale of a motor vehi-
cle, a taxpayer— 
‘‘(A) who is an individual, 
‘‘(B) who purchases such vehicle for use 
and not for resale, 
‘‘(C) with respect to whom no deduction is 
allowable with respect to another taxpayer 
under section 151, 
‘‘(D) who has not been allowed a credit 
under this section for any sale during the 3- 
year period ending on the date of the sale of 
such vehicle, and 
‘‘(E) who possesses a certificate issued by 
the seller that certifies— 
‘‘(i) that the vehicle is a previously- 
owned qualified plug-in electric drive motor 
vehicle, 
‘‘(ii) the capacity of the battery at 
time of sale, and 
‘‘(iii) such other information as the 
Secretary may require. 
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‘‘(4) MOTOR VEHICLE; CAPACITY.—The terms 
‘motor vehicle’ and ‘capacity’ have the meaning 
given such terms in paragraphs (2) and (4) of sec-
tion 30D(d), respectively. 
‘‘(d) APPLICATION OF CERTAIN RULES.—For pur-
poses of this section, rules similar to the rules of para-
graphs (1), (2), (4), (5), (6), and (7) of section 30D(f) 
shall apply for purposes of this section. 
‘‘(e) CERTIFICATE SUBMISSION REQUIREMENT.— 
The Secretary may require that the issuer of the certifi-
cate described in subsection (c)(3)(E) submit such certifi-
cate to the Secretary at the time and in the manner re-
quired by the Secretary. 
‘‘(f) TERMINATION.—No credit shall be allowed 
under this section with respect to sales after December 
31, 2025.’’. 
(b) CLERICAL AMENDMENT.—The table of sections 
for subpart A of part IV of subchapter A of chapter 1 
is amended by inserting after the item relating to section 
25D the following new item: 
‘‘Sec. 25E. Previously-owned qualified plug-in electric drive motor vehicles.’’. 
(c) EFFECTIVE DATE.—The amendments made by 
this section shall apply to sales after the date of the enact-
ment of this Act. 
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SEC. 403. CREDIT FOR ZERO-EMISSION HEAVY VEHICLES 
AND ZERO-EMISSION BUSES. 
(a) IN GENERAL.—Subpart D of part IV of sub-
chapter A of chapter 1 is amended by adding at the end 
the following new section: 
‘‘SEC. 45U. ZERO-EMISSION HEAVY VEHICLE CREDIT. 
‘‘(a) ALLOWANCE OF CREDIT.—For purposes of sec-
tion 38, in the case of a manufacturer of a zero-emission 
heavy vehicle, the zero-emission heavy vehicle credit deter-
mined under this section for a taxable year is an amount 
equal to 10 percent of the sum of the sale price of each 
zero-emission heavy vehicle sold by such taxpayer during 
such taxable year. 
‘‘(b) LIMITATION.—The sale price of a zero-emission 
heavy vehicle may not be taken into account under sub-
section (a) to the extent such price exceeds $1,000,000. 
‘‘(c) ZERO-EMISSION HEAVY VEHICLE.—For pur-
poses of this section— 
‘‘(1) IN
GENERAL.—The term ‘zero-emission 
heavy vehicle’ means a motor vehicle which— 
‘‘(A) has a gross vehicle weight rating of 
not less than 14,000 pounds, 
‘‘(B) is not powered or charged by an in-
ternal combustion engine, and 
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‘‘(C) is propelled solely by an electric 
motor which draws electricity from a battery or 
fuel cell. 
‘‘(2) MOTOR VEHICLE; MANUFACTURER.—The 
term ‘motor vehicle’ and ‘manufacturer’ have the 
meaning given such terms in paragraphs (2) and (3) 
of section 30D(d), respectively. 
‘‘(d) SPECIAL RULES.— 
‘‘(1) SALE PRICE.—For purposes of this sec-
tion, the sale price of a zero-emission heavy vehicle 
shall be reduced by any rebate or other incentive 
given before, on, or after the date of the sale. 
‘‘(2) DOMESTIC USE.—No credit shall be al-
lowed under subsection (a) with respect to a zero- 
emission heavy vehicle to a manufacturer who knows 
or has reason to know that such vehicle will not be 
used primarily in the United States or a possession 
of the United States. 
‘‘(3) REGULATIONS.—The Secretary shall pre-
scribe such regulations as may be necessary or ap-
propriate to carry out the purposes of this section. 
‘‘(e) TERMINATION.—This section shall not apply to 
sales after December 31, 2025.’’. 
(b) CREDIT MADE PART OF GENERAL BUSINESS 
CREDIT.—Subsection (b) of section 38 is amended by 
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striking ‘‘plus’’ at the end of paragraph (32), by striking 
the period at the end of paragraph (33) and inserting ‘‘, 
plus’’, and by adding at the end the following new para-
graph: 
‘‘(34) the zero-emission heavy vehicle credit de-
termined under section 45U.’’. 
(c) CLERICAL AMENDMENT.—The table of sections 
for subpart D of part IV of subchapter A of chapter 1 
is amended by adding at the end the following new item: 
‘‘Sec. 45U. Zero-emission heavy vehicle credit.’’. 
(d) EFFECTIVE DATE.—The amendments made by 
this section shall apply to sales after the date of the enact-
ment of this Act. 
SEC. 404. QUALIFIED FUEL CELL MOTOR VEHICLES. 
(a) IN GENERAL.—Section 30B(k)(1) is amended by 
striking ‘‘December 31, 2020’’ and inserting ‘‘December 
31, 2025’’. 
(b) EFFECTIVE DATE.—The amendment made by 
this section shall apply to property placed in service after 
December 31, 2020. 
SEC. 405. ALTERNATIVE FUEL REFUELING PROPERTY 
CREDIT. 
(a) IN GENERAL.—Section 30C(g) is amended by 
striking ‘‘December 31, 2020’’ and inserting ‘‘December 
31, 2025’’. 
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(b) ADDITIONAL CREDIT FOR CERTAIN ELECTRIC 
CHARGING PROPERTY.— 
(1) IN GENERAL.—Section 30C(a) is amend-
ed— 
(A) by striking ‘‘equal to 30 percent’’ and 
inserting the following: ‘‘equal to the sum of— 
‘‘(1) 30 percent’’, 
(B) by striking the period at the end and 
inserting ‘‘, plus’’, and 
(C) by adding at the end the following new 
paragraph: 
‘‘(2) 20 percent of so much of such cost as ex-
ceeds the limitation under subsection (b)(1) that 
does not exceed the amount of cost attributable to 
qualified alternative vehicle refueling property (de-
termined without regard to paragraphs (1), (2)(A), 
and (2)(B) of subsection (c)) which— 
‘‘(A) is intended for general public use and 
recharges motor vehicle batteries with no asso-
ciated fee or payment arrangement, 
‘‘(B) is intended for general public use and 
accepts payment via a credit card reader, or 
‘‘(C) is intended for use exclusively by 
fleets of commercial or governmental vehicles.’’. 
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(2) 
CONFORMING
AMENDMENT.—Section 
30C(b) is amended— 
(A) by striking ‘‘The credit allowed under 
subsection (a)’’ and inserting ‘‘The amount of 
cost taken into account under subsection 
(a)(1)’’, 
(B) by striking ‘‘$30,000’’ and inserting 
‘‘$100,000’’, and 
(C) by striking ‘‘$1,000’’ and inserting 
‘‘$3,333.33’’. 
(c) EFFECTIVE DATE.—The amendment made by 
this section shall apply to property placed in service after 
December 31, 2020. 
SEC. 406. MODIFICATION OF EMPLOYER-PROVIDED FRINGE 
BENEFITS FOR BICYCLE COMMUTING. 
(a) REPEAL OF SUSPENSION OF EXCLUSION FOR 
QUALIFIED BICYCLE COMMUTING REIMBURSEMENT.— 
Section 132(f) is amended by striking paragraph (8). 
(b) COMMUTING FRINGE INCLUDES BIKESHARE.— 
(1) 
IN
GENERAL.—Clause 
(i) 
of 
section 
132(f)(5)(F) is amended by striking ‘‘a bicycle’’ and 
all that follows and inserting ‘‘bikeshare, a bicycle, 
and bicycle improvements, repair, and storage, if the 
employee regularly uses such bikeshare or bicycle for 
travel between the employee’s residence and place of 
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employment or mass transit facility that connects an 
employee to their place of employment.’’. 
(2) 
BIKESHARE.—Section 
132(f)(5)(F) 
is 
amended by adding at the end the following: 
‘‘(iv) 
BIKESHARE.—The 
term 
‘bikeshare’ means a bicycle rental oper-
ation at which bicycles are made available 
to customers to pick up and drop off for 
point-to-point use within a defined geo-
graphic area.’’. 
(c) 
LOW-SPEED
ELECTRIC
BICYCLES.—Section 
132(f)(5)(F), as amended by subsection (b)(2), is amend-
ed by adding at the end the following: 
‘‘(v) LOW-SPEED
ELECTRIC
BICY-
CLES.—The term ‘bicycle’ includes a two- 
or three-wheeled vehicle with fully operable 
pedals and an electric motor of less than 
750 watts (1 h.p.), whose maximum speed 
on a paved level surface, when powered 
solely by such a motor while ridden by an 
operator who weighs 170 pounds, is less 
than 20 mph.’’. 
(d) MODIFICATION RELATING
TO BICYCLE COM-
MUTING MONTH.—Clause (iii) of section 132(f)(5)(F) is 
amended to read as follows: 
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‘‘(iii) 
QUALIFIED
BICYCLE
COM-
MUTING MONTH.—The term ‘qualified bi-
cycle commuting month’ means, with re-
spect to any employee, any month during 
which such employee regularly uses a bicy-
cle for a portion of the travel between the 
employee’s residence and place of employ-
ment.’’. 
(e) LIMITATION ON EXCLUSION.— 
(1) IN GENERAL.—Subparagraph (C) of section 
132(f)(2) is amended by striking ‘‘applicable annual 
limitation’’ and inserting ‘‘applicable monthly limita-
tion’’. 
(2) APPLICABLE
MONTHLY
LIMITATION
DE-
FINED.—Clause (ii) of section 132(f)(5)(F) is 
amended to read as follows: 
‘‘(ii) APPLICABLE MONTHLY LIMITA-
TION.—The term ‘applicable monthly limi-
tation’, with respect to any employee for 
any month, means an amount equal to 20 
percent of the dollar amount in effect for 
the month under paragraph (2)(B).’’. 
(3) AGGREGATE
LIMITATION.—Subparagraph 
(B) of section 132(f)(2) is amended by inserting 
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‘‘and the applicable monthly limitation in the case of 
any qualified bicycle commuting benefit’’. 
(f) NO CONSTRUCTIVE RECEIPT.—Paragraph (4) of 
section 132(f) is amended by striking ‘‘(other than a quali-
fied bicycle commuting reimbursement)’’. 
(g) 
CONFORMING
AMENDMENTS.—Paragraphs 
(1)(D), (2)(C), and (5)(F) of section 132(f) are each 
amended by striking ‘‘reimbursement’’ each place it ap-
pears and inserting ‘‘benefit’’. 
(h) EFFECTIVE DATE.—The amendments made by 
this section shall apply to taxable years beginning after 
December 31, 2020. 
TITLE V—INVESTMENT IN THE 
GREEN WORKFORCE 
SEC. 
501. 
EXTENSION 
OF 
THE 
ADVANCED 
ENERGY 
PROJECT CREDIT. 
(a) IN GENERAL.—Section 48C is amended by redes-
ignating subsection (e) as subsection (f) and by inserting 
after subsection (d) the following new subsection: 
‘‘(e) ADDITIONAL ALLOCATIONS.— 
‘‘(1) IN GENERAL.—Not later than 180 days 
after the date of enactment of this paragraph, the 
Secretary, after consultation with the Secretary of 
Energy, shall establish a program to designate 
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amounts of qualifying advanced project credit limita-
tion to qualifying advanced energy projects. 
‘‘(2) ANNUAL LIMITATION.— 
‘‘(A) IN GENERAL.—The amount of quali-
fying advanced project credit limitation that 
may be designated under this subsection during 
any calendar year shall not exceed the annual 
credit limitation with respect to such year. 
‘‘(B) ANNUAL
CREDIT
LIMITATION.—For 
purposes of this subsection, the term ‘annual 
credit limitation’ means $2,500,000,000 for 
each of calendar years 2021, 2022, 2023, 2024, 
and 2025, and zero thereafter. 
‘‘(C) CARRYOVER
OF
UNUSED
LIMITA-
TION.—If the annual credit limitation for any 
calendar year exceeds the aggregate amount 
designated for such year under this subsection, 
such limitation for the succeeding calendar year 
shall be increased by the amount of such excess. 
No amount may be carried under the preceding 
sentence to any calendar year after 2025. 
‘‘(3) PLACED IN SERVICE DEADLINE.—No cred-
it shall be determined under subsection (a) with re-
spect to any property which is placed in service after 
the date that is 4 years after the date of the des-
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ignation under this subsection relating to such prop-
erty. 
‘‘(4) SELECTION CRITERIA.—Selection criteria 
similar to those in subsection (d)(3) shall apply, ex-
cept that in determining designations under this 
subsection, the Secretary, after consultation with the 
Secretary of Energy, shall— 
‘‘(A) require that applicants provide writ-
ten assurances to the Secretary that all laborers 
and mechanics employed by contractors and 
subcontractors in the performance of construc-
tion, alteration or repair work on a qualifying 
advanced energy project shall be paid wages at 
rates not less than those prevailing on projects 
of a similar character in the locality as deter-
mined by the Secretary of Labor in accordance 
with subchapter IV of chapter 31 of title 40, 
United States Code, and 
‘‘(B) give the highest priority to projects 
which— 
‘‘(i) manufacture (other than pri-
marily assembly of components) property 
described in a subclause of subsection 
(c)(1)(A)(i) (or components thereof), and 
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‘‘(ii) have the greatest potential for 
commercial deployment of new applica-
tions. 
‘‘(5) DISCLOSURE
OF
DESIGNATIONS.—Rules 
similar to the rules of subsection (d)(5) shall apply 
for purposes of this subsection.’’. 
(b) 
CLARIFICATION
WITH
RESPECT
TO 
ELECTROCHROMATIC GLASS.—Section 48C(c)(1)(A)(i)(V) 
is amended— 
(1) by striking ‘‘and smart grid’’ and inserting 
‘‘, smart grid’’, and 
(2) by inserting ‘‘, and electrochromatic glass’’ 
before the comma at the end. 
(c) EFFECTIVE DATE.—The amendment made by 
this section shall take effect on the date of the enactment 
of this Act. 
(d) PROGRESS REPORT.—During the 30-day period 
ending on December 31, 2025, the Secretary of the Treas-
ury (or the Secretary’s delegate), after consultation with 
the Secretary of Labor, shall submit a report to Congress 
on the domestic job creation, wages associated with such 
jobs, and the amount of such wages paid as described in 
section 48C(e)(4)(B) of the Internal Revenue Code of 
1986, attributable to the amendment made by this section. 
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SEC. 502. LABOR COSTS OF INSTALLING MECHANICAL IN-
SULATION PROPERTY. 
(a) IN GENERAL.—Subpart D of part IV of sub-
chapter A of chapter 1, as amended by the preceding pro-
visions of this Act, is further amended by adding at the 
end the following new section: 
‘‘SEC. 45V. LABOR COSTS OF INSTALLING MECHANICAL IN-
SULATION PROPERTY. 
‘‘(a) IN GENERAL.—For purposes of section 38, the 
mechanical insulation labor costs credit determined under 
this section for any taxable year is an amount equal to 
10 percent of the mechanical insulation labor costs paid 
or incurred by the taxpayer during such taxable year. 
‘‘(b) MECHANICAL INSULATION LABOR COSTS.—For 
purposes of this section— 
‘‘(1) IN GENERAL.—The term ‘mechanical insu-
lation labor costs’ means the labor cost of installing 
mechanical insulation property with respect to a me-
chanical system referred to in paragraph (2)(A) 
which was originally placed in service not less than 
1 year before the date on which such mechanical in-
sulation property is installed. 
‘‘(2) MECHANICAL
INSULATION
PROPERTY.— 
The term ‘mechanical insulation property’ means in-
sulation materials, and facings and accessory prod-
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ucts installed in connection to such insulation mate-
rials— 
‘‘(A) placed in service in connection with a 
mechanical system which— 
‘‘(i) is located in the United States, 
and 
‘‘(ii) is of a character subject to an al-
lowance for depreciation, and 
‘‘(B) which result in a reduction in energy 
loss from the mechanical system which is great-
er than the expected reduction from the instal-
lation of insulation materials which meet the 
minimum requirements of Reference Standard 
90.1 (as defined in section 179D(c)(2)). 
‘‘(c) TERMINATION.—This section shall not apply to 
mechanical insulation labor costs paid or incurred after 
December 31, 2025.’’. 
(b) CREDIT ALLOWED AS PART OF GENERAL BUSI-
NESS CREDIT.—Section 38(b), as amended by the pre-
ceding provisions of this Act, is further amended by strik-
ing ‘‘plus’’ at the end of paragraph (33), by striking the 
period at the end of paragraph (34) and inserting ‘‘, plus’’, 
and by adding at the end the following new paragraph: 
‘‘(35) the mechanical insulation labor costs 
credit determined under section 45V(a).’’. 
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(c) CONFORMING AMENDMENTS.— 
(1) Section 280C is amended by adding at the 
end the following new subsection: 
‘‘(i) MECHANICAL INSULATION LABOR COSTS CRED-
IT.— 
‘‘(1) IN GENERAL.—No deduction shall be al-
lowed for that portion of the mechanical insulation 
labor costs (as defined in section 45V(b)) otherwise 
allowable as deduction for the taxable year which is 
equal to the amount of the credit determined for 
such taxable year under section 45V(a). 
‘‘(2) SIMILAR
RULE
WHERE
TAXPAYER
CAP-
ITALIZES RATHER THAN DEDUCTS EXPENSES.—If— 
‘‘(A) the amount of the credit determined 
for the taxable year under section 45V(a), ex-
ceeds 
‘‘(B) the amount allowable as a deduction 
for such taxable year for mechanical insulation 
labor costs (determined without regard to para-
graph (1)), 
the amount chargeable to a capital account for the 
taxable year for such costs shall be reduced by the 
amount of such excess.’’. 
(2) The table of sections for subpart D of part 
IV of subchapter A of chapter 1, as amended by the 
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preceding provisions of this Act, is further amended 
by adding at the end the following new item: 
‘‘Sec. 45V. Labor costs of installing mechanical insulation property.’’. 
(d) EFFECTIVE DATE.—The amendments made by 
this section shall apply to amounts paid or incurred after 
December 31, 2020, in taxable years ending after such 
date. 
SEC. 503. LABOR STANDARDS FOR CERTAIN ENERGY JOBS. 
(a) DEPARTMENT
OF LABOR CERTIFICATION
OF 
QUALIFIED ENTITIES.— 
(1) DEFINITIONS.—In this subsection— 
(A) 
APPLICABLE
CONSTRUCTION 
PROJECT.—The term ‘‘applicable construction 
project’’ means, with respect to any entity— 
(i) the construction of any dwelling 
unit referred to in section 45L(a)(3) of the 
Internal Revenue Code of 1986, 
(ii) the installation of any qualified 
energy 
property 
described 
in 
section 
48D(a)(1) of such Code, 
(iii) the installation of any qualified 
property referred to in paragraph (2) of 
section 48D(a) of such Code as part of the 
construction of any qualified investment 
credit facility described in such paragraph, 
and 
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(iv) the installation of any energy effi-
cient commercial building property (as de-
fined in section 179D(c)(1) of such Code). 
(B) COVERED
PROJECT
LABOR
AGREE-
MENT.—The term ‘‘covered project labor agree-
ment’’ means a project labor agreement that— 
(i) binds all contractors and sub-
contractors on the construction project 
through the inclusion of appropriate speci-
fications in all relevant solicitation provi-
sions and contract documents, 
(ii) allows all contractors and sub-
contractors to compete for contracts and 
subcontracts without regard to whether 
they are otherwise a party to a collective 
bargaining agreement, 
(iii) 
contains 
guarantees 
against 
strikes, lockouts, and other similar job dis-
ruptions, 
(iv) sets forth effective, prompt, and 
mutually binding procedures for resolving 
labor disputes arising during the covered 
project labor agreement, and 
(v) provides other mechanisms for 
labor-management cooperation on matters 
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of mutual interest and concern, including 
productivity, quality of work, safety, and 
health. 
(C) PROJECT
LABOR
AGREEMENT.—The 
term ‘‘project labor agreement’’ means a pre- 
hire collective bargaining agreement with one or 
more labor organizations that establishes the 
terms and conditions of employment for a spe-
cific construction project and is described in 
section 8(f) of the National Labor Relations 
Act (29 U.S.C. 158(f)). 
(D) 
QUALIFIED
ENTITY.—The 
term 
‘‘qualified entity’’ means an entity that the Sec-
retary of Labor certifies as a qualified entity in 
accordance with paragraph (2). 
(E) REGISTERED
APPRENTICESHIP
PRO-
GRAM.—The term ‘‘registered apprenticeship 
program’’ means an apprenticeship program 
registered and certified with the Secretary of 
Labor under section 1 of the National Appren-
ticeship Act (29 U.S.C. 50). 
(2) CERTIFICATION OF QUALIFIED ENTITIES.— 
(A) IN GENERAL.—The Secretary of Labor 
shall establish a process for certifying entities 
that submit an application under subparagraph 
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(B) as qualified entities with respect to applica-
ble construction projects for purposes of the 
amendments made by subsections (b), (c), and 
(d). 
(B) APPLICATION PROCESS.— 
(i) IN GENERAL.—An entity seeking 
certification as a qualified entity under this 
paragraph shall submit an application to 
the Secretary of Labor at such time, in 
such manner, and containing such infor-
mation as the Secretary may reasonably 
require, including information to dem-
onstrate compliance with the requirements 
under subparagraph (C). 
(ii) REQUESTS FOR ADDITIONAL IN-
FORMATION.—Not later than 1 year after 
receiving an application from an entity 
under clause (i)— 
(I) the Secretary of Labor may 
request additional information from 
the entity in order to determine 
whether the entity is in compliance 
with the requirements under subpara-
graph (C), and 
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(II) the entity shall provide such 
additional information. 
(iii) DETERMINATION
DEADLINE.— 
The Secretary of Labor shall make a de-
termination on whether to certify an entity 
under this subsection not later than— 
(I) in a case in which the Sec-
retary requests additional information 
described in paragraph (2)(B)(ii), 1 
year after the Secretary receives such 
additional information from the enti-
ty, or 
(II) in a case that is not de-
scribed in subclause (I), 1 year after 
the date on which the entity submits 
the application under clause (i). 
(iv) PRECERTIFICATION REMEDIES.— 
The Secretary shall consider any corrective 
actions taken by an entity seeking certifi-
cation under this paragraph to remedy an 
administrative merits determination, arbi-
tral award or decision, or civil judgment 
identified under subparagraph (C)(iii) and 
shall impose as a condition of certification 
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any additional remedies necessary to avoid 
further or repeated violations. 
(C) LABOR STANDARDS REQUIREMENTS.— 
The Secretary of Labor shall require an entity, 
as a condition of certification under this sub-
section, to satisfy each of the following require-
ments— 
(i) The entity shall ensure that all la-
borers and mechanics employed by contrac-
tors and subcontractors in the performance 
of any applicable construction project shall 
be paid wages at rates not less than those 
prevailing on projects of a similar char-
acter in the locality as determined by the 
Secretary of Labor in accordance with sub-
chapter IV of chapter 31 of title 40, 
United States Code (commonly known as 
the ‘‘Davis-Bacon Act’’). 
(ii) The entity shall be a party to, or 
require contractors and subcontractors in 
the performance of any applicable con-
struction project to consent to, a covered 
project labor agreement. 
(iii) The entity, and all contractors 
and subcontractors in performance of any 
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pamtmann on DSKBC07HB2PROD with BILLS
applicable construction project, shall rep-
resent in the application submitted under 
subparagraph (B) whether there has been 
any administrative merits determination, 
arbitral award or decision, or civil judg-
ment, as defined in guidance issued by the 
Secretary of Labor, rendered against the 
entity in the preceding 3 years for viola-
tions of— 
(I) the Fair Labor Standards Act 
of 1938 (29 U.S.C. 201 et seq.), 
(II) the Occupational Safety and 
Health Act of 1970 (29 U.S.C. 651 et 
seq.), 
(III) the Migrant and Seasonal 
Agricultural Worker Protection Act 
(29 U.S.C. 1801 et seq.), 
(IV) the National Labor Rela-
tions Act (29 U.S.C. 151 et seq.), 
(V) subchapter IV of chapter 31 
of title 40, United States Code (com-
monly known as the ‘‘Davis-Bacon 
Act’’), 
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(VI) chapter 67 of title 41, 
United States Code (commonly known 
as the ‘‘Service Contract Act’’), 
(VII) Executive Order 11246 (42 
U.S.C. 2000e note; relating to equal 
employment opportunity), 
(VIII) section 503 of the Reha-
bilitation Act of 1973 (29 U.S.C. 
793), 
(IX) section 4212 of title 38, 
United States Code, 
(X) the Family and Medical 
Leave Act of 1993 (29 U.S.C. 2601 et 
seq.), 
(XI) title VII of the Civil Rights 
Act of 1964 (42 U.S.C. 2000e et 
seq.), 
(XII) the Americans with Dis-
abilities Act of 1990 (42 U.S.C. 
12101 et seq.), 
(XIII) the Age Discrimination in 
Employment Act of 1967 (29 U.S.C. 
621 et seq.), 
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(XIV) 
Federal 
Government 
standards establishing a minimum 
wage for contractors, or 
(XV) equivalent State laws, as 
defined in guidance issued by the Sec-
retary of Labor. 
(iv) The entity, and all contractors 
and subcontractors in the performance of 
any applicable construction project, shall 
not require mandatory arbitration for any 
dispute involving a worker engaged in a 
service for the entity. 
(v) The entity, and all contractors and 
subcontractors in the performance of any 
applicable construction project, shall con-
sider an individual performing any service 
in such performance as an employee (and 
not an independent contractor) of the enti-
ty, contractor, or subcontractor, respec-
tively, unless— 
(I) the individual is free from 
control and direction in connection 
with the performance of the service, 
both under the contract for the per-
formance of the service and in fact, 
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(II) the service is performed out-
side the usual course of the business 
of the entity, contractor, or subcon-
tractor, respectively, and 
(III) the individual is customarily 
engaged in an independently estab-
lished trade, occupation, profession, or 
business of the same nature as that 
involved in such service. 
(vi) The entity shall prohibit all con-
tractors and subcontractors in the per-
formance of any applicable construction 
project from hiring employees through a 
temporary staffing agency unless the rel-
evant State workforce agency certifies that 
temporary employees are necessary to ad-
dress an acute, short-term labor demand. 
(vii) The entity shall require all con-
tractors, subcontractors, successors in in-
terest of the entity, and other entities that 
may acquire the entity, in the performance 
or acquisition of any applicable construc-
tion project, to have an explicit neutrality 
policy on any issue involving the organiza-
tion of employees of the entity, and all con-
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