Sec. 90443. Labor standards for certain energy jobs

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In this subsection— The term applicable construction project means, with respect to any entity— the installation of any qualified alternative fuel vehicle refueling property (as defined in section 30C(c) of the Internal Revenue Code of 1986), the installation of any qualified energy property described in section 48D(a)(1) of such Code, the installation of any qualified property referred to in paragraph

(2)of section 48D(a) of such Code as part of any qualified investment credit facility described in such paragraph, and the installation of any energy efficient commercial building property (as defined in section 179D(c)(1) of such Code). The term covered project labor agreement means a project labor agreement that— binds all contractors and subcontractors on the construction project through the inclusion of appropriate specifications in all relevant solicitation provisions and contract documents, allows all contractors and subcontractors to compete for contracts and subcontracts without regard to whether they are otherwise a party to a collective bargaining agreement, contains guarantees against strikes, lockouts, and other similar job disruptions, sets forth effective, prompt, and mutually binding procedures for resolving labor disputes arising during the covered project labor agreement, and provides other mechanisms for labor-management cooperation on matters of mutual interest and concern, including productivity, quality of work, safety, and health. 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 specific construction project and is described in section 8(f) of the National Labor Relations Act ( 29 U.S.C. 158(f) ). Any reference in this subsection to the installation of any property shall include the construction of such property if such construction is performed on the site where such property is installed. The term qualified entity means an entity that the Secretary of Labor certifies as a qualified entity in accordance with paragraph (2). The term registered apprenticeship program means an apprenticeship program registered under the Act of August 16, 1937 (commonly known as the National Apprenticeship Act ; 50 Stat. 664, chapter 663; 29 U.S.C. 50 et seq.), including any requirement, standard, or rule promulgated under such Act, as such requirement, standard, or rule was in effect on December 30, 2019. The Secretary of Labor shall establish a process for certifying entities that submit an application under subparagraph

(B)as qualified entities with respect to applicable construction projects for purposes of the amendments made by subsections (b), (c), and (d). 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 information as the Secretary may reasonably require, including information to demonstrate compliance with the requirements under subparagraph (C). Not later than 1 year after receiving an application from an entity under clause (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 subparagraph (C), and the entity shall provide such additional information. The Secretary of Labor shall make a determination on whether to certify an entity under this subsection not later than— in a case in which the Secretary requests additional information described in paragraph (2)(B)(ii), 1 year after the Secretary receives such additional information from the entity, or in a case that is not described in subclause (I), 1 year after the date on which the entity submits the application under clause (i). The Secretary shall consider any corrective actions taken by an entity seeking certification under this paragraph to remedy an administrative merits determination, arbitral award or decision, or civil judgment identified under subparagraph (C)(iii) and shall impose as a condition of certification any additional remedies necessary to avoid further or repeated violations. The Secretary of Labor shall require an entity, as a condition of certification under this subsection, to satisfy each of the following requirements: The entity shall ensure that all laborers and mechanics employed by contractors 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 character in the locality as determined by the Secretary of Labor in accordance with subchapter IV of chapter 31 of title 40, United States Code (commonly known as the Davis-Bacon Act ). In the case of any applicable construction project the cost of which exceeds $25,000,000, the entity shall be a party to, or require contractors and subcontractors in the performance of such applicable construction project to consent to, a covered project labor agreement. The entity, and all contractors and subcontractors in performance of any applicable construction project, shall represent in the application submitted under subparagraph

(B)(and periodically thereafter during the performance of the applicable construction project as the Secretary of Labor may require) whether there has been any administrative merits determination, arbitral award or decision, or civil judgment, as defined in guidance issued by the Secretary of Labor, rendered against the entity in the preceding 3 years (or, in the case of disclosures after the initial disclosure, during such period as the Secretary of Labor may provide) for violations of— the Fair Labor Standards Act of 1938 ( 29 U.S.C. 201 et seq.), the Occupational Safety and Health Act of 1970 ( 29 U.S.C. 651 et seq.), the Migrant and Seasonal Agricultural Worker Protection Act ( 29 U.S.C. 1801 et seq.), the National Labor Relations Act ( 29 U.S.C. 151 et seq.), subchapter IV of chapter 31 of title 40, United States Code (commonly known as the Davis-Bacon Act ), chapter 67 of title 41, United States Code (commonly known as the Service Contract Act ), Executive Order No. 11246 ( 42 U.S.C. 2000e note; relating to equal employment opportunity), section 503 of the Rehabilitation Act of 1973 ( 29 U.S.C. 793 ), section 4212 of title 38, United States Code, the Family and Medical Leave Act of 1993 ( 29 U.S.C. 2601 et seq.), title VII of the Civil Rights Act of 1964 ( 42 U.S.C. 2000e et seq.), the Americans with Disabilities Act of 1990 ( 42 U.S.C. 12101 et seq.), the Age Discrimination in Employment Act of 1967 ( 29 U.S.C. 621 et seq.), Federal Government standards establishing a minimum wage for contractors, or equivalent State laws, as defined in guidance issued by the Secretary of Labor. 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 unless such worker is covered by a collective bargaining agreement that provides otherwise. The entity, and all contractors and subcontractors in the performance of any applicable construction project, shall consider an individual performing any service in such performance as an employee (and not an independent contractor) of the entity, contractor, or subcontractor, respectively, unless— the individual is free from control and direction in connection with the performance of the service, both under the contract for the performance of the service and in fact, the service is performed outside the usual course of the business of the entity, contractor, or subcontractor, respectively, and the individual is customarily engaged in an independently established trade, occupation, profession, or business of the same nature as that involved in such service. The entity shall prohibit all contractors and subcontractors in the performance of any applicable construction project from hiring employees through a temporary staffing agency unless the relevant State workforce agency certifies that temporary employees are necessary to address an acute, short-term labor demand. The entity shall require all contractors, subcontractors, successors in interest of the entity, and other entities that may acquire the entity, in the performance or acquisition of any applicable construction project, to have an explicit neutrality policy on any issue involving the organization of employees of the entity, and all contractors and subcontractors in the performance of any applicable construction project, for purposes of collective bargaining. The entity shall require all contractors and subcontractors to participate in a registered apprenticeship program for each skilled craft employed on any applicable construction project. The entity, and all contractors and subcontractors in the performance of any applicable construction project, shall not request or otherwise consider the criminal history of an applicant for employment before extending a conditional offer to the applicant, unless— a background check is otherwise required by law, the position is for a Federal law enforcement officer (as defined in section 115(c)(1) of title 18, United States Code) position, or the Secretary of Labor, after consultation with the Secretary of Energy, certifies that precluding criminal history prior to the conditional offer would pose a threat to national security. The Secretary of Labor shall have, with respect to the labor standards described in subparagraph (C)(i), the authority and functions set forth in Reorganization Plan Numbered 14 of 1950 (64 Stat. 1267; 5 U.S.C. App.) and section 3145 of title 40, United States Code. A certification made under this subsection shall be in effect for a period of 5 years. An entity may reapply to the Secretary of Labor for an additional certification under this subsection in accordance with the application process under paragraph (2)(B). The Secretary of Labor may revoke the certification of an entity under this subsection as a qualified entity at any time in which the Secretary reasonably determines the entity is no longer in compliance with paragraph (2)(C). The Secretary of Labor may make certifications under this paragraph which apply with respect to more than one project if the projects to which such certification apply are substantially similar projects which meet the requirements of this subsection. Such projects shall be treated as a specific construction project for purposes of paragraph (1)(C). There is authorized to be appropriated to carry out this section $10,000,000 for fiscal year 2020 and each fiscal year thereafter. Subpart E of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by inserting after section 48C the following new section: For purposes of section 46, the jobs in energy credit for any taxable year is an amount equal to 10 percent of the basis of any qualified energy property placed in service by the taxpayer during such taxable year if the installation of such property is performed by a qualified entity with respect to such property. For purposes of this section, the term qualified energy property means— energy property (as defined in section 48(a)(3)), or qualified property which is part of a qualified investment credit facility (as defined in section 48(a)(5) without regard to clause (a)(5)(C)(iii)) which is originally placed in service after December 31, 2020. For purposes of this section— The term qualified entity means, with respect to the installation of any qualified energy property, an entity which is certified by the Secretary of Labor as being in compliance with all of the applicable requirements under section 90443(a) of the GREEN Act of 2020 with respect to such installation at all times during the period beginning on the date on which the installation of such property begins and ending on the date on which such property is placed in service. In the case of any qualified property referred to in subsection (b)(2), an entity shall be treated as a qualified entity with respect to the installation of such property only if the Secretary of Labor has certified that the construction of the qualified investment credit facility of which such qualified property is a part as being in compliance with all of the applicable requirements under section 90443(a) of the GREEN Act of 2020 for the period referred to in paragraph (1). Rules similar to the rules of subsections (c)(4) and

(d)of section 46 (as in effect on the day before the date of the enactment of the Revenue Reconciliation Act of 1990) shall apply for purposes of subsection (a). For purposes of subsection (a), rules similar to the rules of section 48(a)(4) shall apply for purposes of determining the basis of any qualified energy property. Any reference in this section to the installation of any property shall include the construction of such property if such construction is performed on the site where such property is installed. If the Secretary of Labor revokes the certification of a qualified entity with respect to the installation of any property, the tax imposed under this chapter on the taxpayer to whom the credit determined under this section is allowed shall be increased for the taxable year which includes the date of such revocation by an amount equal to the aggregate decrease in the credits allowed under section 38 for all prior taxable years which would have resulted solely from reducing to zero any credit determined under this section with respect to such property. This section shall not apply with respect to any taxpayer for any taxable year if such taxpayer elects (at such time and in such manner as the Secretary may prescribe) not to have this section apply. . Section 46 of such Code is amended by striking and at the end of paragraph (5), by striking the period at the end of paragraph

(6)and inserting , and , and by adding at the end the following new paragraph: the jobs in energy credit. . Section 49(a)(1)(C) of such Code is amended by striking and at the end of clause (iv), by striking the period at the end of clause

(v)and inserting a comma, and by adding at the end the following new clause: the basis of any qualified energy property under section 48D. . Section 50(a)(2)(E) of such Code is amended by striking or 48C(b)(2) and inserting 48C(b)(2), or 48D(d)(1) . The table of sections for subpart E of part IV of subchapter A of chapter 1 of such Code is amended by inserting after the item relating to section 48C the following new item: Sec. 48D. Jobs in energy credit. . The amendments made by this subsection shall apply to periods after December 31, 2020, under rules similar to the rules of section 48(m) of the Internal Revenue Code of 1986 (as in effect on the day before the date of the enactment of the Revenue Reconciliation Act of 1990). Section 179D(d) of the Internal Revenue Code of 1986 is amended by adding at the end the following: In the case of any energy efficient commercial building property which was installed (within the meaning of section 48D(d)(3)) by an entity which is certified by the Secretary of Labor as being in compliance with all of the applicable requirements under section 90443(a) of the GREEN Act of 2020 with respect to such installation, subsection (b)(1)(A) shall be applied by substituting $3.20 for $3 . . Section 179D(d)(1)(A) of such Code is amended by inserting (or, in the case of property to which paragraph

(7)applies, by substituting before the period at the end. $1.07 for $3.20 in such paragraph) The amendments made by this subsection shall apply to property placed in service after December 31, 2020. Section 30C(a), as amended by the preceding provisions of this Act, is amended by striking plus at the end of paragraph (1), by striking the period at the end of paragraph

(2)and inserting , plus , and by adding at the end the following new paragraph: in the case of any qualified alternative fuel vehicle refueling property which was installed (within the meaning of section 48D(d)(3)) by an entity which is certified by the Secretary of Labor as being in compliance with all of the applicable requirements under section 90443(a) of the GREEN Act of 2020 with respect to such installation, 10 percent of the amount of costs taken into account under paragraph

(1)with respect to such property. . The amendments made by this subsection shall apply to property placed in service after December 31, 2020.

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