; (ii) the service is performed outside the usual course of the business of the contractor or subcontractor, respectively; and (iii) the individual is customarily engaged in an independently established trade, occupation, profession, or business of the same nature as that involved in such service. (J) Ensure that all laborers, mechanics, and other workers employed by the contractor or subcontractor shall not displace or supplant an employee or position of the eligible entity, including partial displacement such as a reduction in hours, wages, or employment benefits, as a result of receiving a grant under this section. (2) Action to enforce independent contractor requirement A third party, including a State or local government, may bring an action in any court of competent jurisdiction to enforce the requirement under paragraph (1)(I). (h) Consultation with agencies The Secretary shall— (1) consult with the Secretary of Energy— (A) in developing criteria and assessing applications for grants under subsection (a); and (B) to identify and verify state-of-the-art building materials and appliances, made in the United States, that can be procured at scale for purposes of this Act; (2) consult with the Secretary of the Treasury to track alternative energy revenues that are returned to the Department of the Treasury under subsection (f)(4); (3) consult with the Administrator of the Environmental Protection Agency— (A) in developing criteria and assessing applications for grants under of subsection (a)(2); (B) regarding testing air quality and water quality for purposes of grant activities described in subsection (a)(2)(B)(ii); and (C) regarding testing soil quality for radon and other contaminants for purposes of grant activities described in subsection (a)(2)(B); (4) consult with the Secretary of Education in developing criteria and assessing applications for grants under subsection (a)(1); (5) consult with the Secretary of Labor in developing criteria and assessing applications for grants under subsection (a)(1)