[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3607 Introduced in House (IH)]

<DOC>






117th CONGRESS
  1st Session
                                H. R. 3607

 To support and fund the Federal procurement of clean energy products, 
                        and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              May 28, 2021

  Mr. Levin of Michigan (for himself, Mr. Huffman, and Mr. Brendan F. 
    Boyle of Pennsylvania) introduced the following bill; which was 
 referred to the Committee on Energy and Commerce, and in addition to 
    the Committees on Oversight and Reform, and Transportation and 
   Infrastructure, for a period to be subsequently determined by the 
  Speaker, in each case for consideration of such provisions as fall 
           within the jurisdiction of the committee concerned

_______________________________________________________________________

                                 A BILL


 
 To support and fund the Federal procurement of clean energy products, 
                        and for other purposes.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Buy Green Act of 2021''.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Appropriate committees of congress.--The term 
        ``appropriate committees of Congress'' means--
                    (A) the Committee on Commerce, Science, and 
                Transportation of the Senate;
                    (B) the Committee on Environment and Public Works 
                of the Senate;
                    (C) the Committee on Transportation and 
                Infrastructure of the House of Representatives; and
                    (D) the Committee on Energy and Commerce of the 
                House of Representatives.
            (2) Clean power.--The term ``clean power'' means power 
        derived from a renewable energy source.
            (3) Covered product.--
                    (A) In general.--The term ``covered product'' 
                means--
                            (i) energy--
                                    (I) used to power a facility; and
                                    (II) the production of which comes 
                                from a renewable energy source; and
                            (ii) a product that--
                                    (I) is produced or manufactured--
                                            (aa) in the United States 
                                        (including the territories of 
                                        the United States);
                                            (bb) in accordance with all 
                                        relevant energy efficiency, 
                                        environmental preference, and 
                                        safety designations; and
                                            (cc) by an entity that 
                                        complies with the labor 
                                        requirements under section 6; 
                                        and
                                    (II) reduces energy usage during 
                                the lifecycle of the product by--
                                            (aa) minimizing energy, 
                                        water, or material resources 
                                        associated with the product;
                                            (bb) increasing 
                                        opportunities for reuse and 
                                        recycling due to the durability 
                                        or repairability of the 
                                        product; and
                                            (cc) improving 
                                        environmental and human health 
                                        impacts.
                    (B) Inclusions.--The term ``covered product'' 
                includes a product described in subparagraph (A)(ii) 
                that--
                            (i) is a zero-emission vehicle or a 
                        nonmotorized alternative mode of 
                        transportation;
                            (ii) is a zero-emission form of public 
                        transportation, including high-speed rail;
                            (iii) is a product or low-carbon material 
                        used to design, construct, or retrofit 
                        buildings, including a product bearing the 
                        Green Seal certification;
                            (iv) improves the energy efficiency 
                        measures of facilities to make facilities 
                        environmentally responsible;
                            (v) is a product used to maintain or clean 
                        buildings;
                            (vi) is an appliance certified under the 
                        Energy Star program established under section 
                        324A of the Energy Policy and Conservation Act 
                        (42 U.S.C. 6294a);
                            (vii) is an electronics product bearing the 
                        EPEAT certification; or
                            (viii) is an energy-storage technology.
            (4) Covered small business.--The term ``covered small 
        business'' means--
                    (A) a small business concern owned and controlled 
                by socially and economically disadvantaged individuals 
                (as defined in section 8(d)(3)(C) of the Small Business 
                Act (15 U.S.C. 637(d)(3)(C)));
                    (B) a small business concern owned and controlled 
                by women (as defined in section 3 of that Act (15 
                U.S.C. 632)); and
                    (C) a small business concern owned and controlled 
                by veterans (as defined in section 3 of that Act (15 
                U.S.C. 632)).
            (5) Eligible material.--The term ``eligible material'' 
        means a material for which the Secretary establishes a maximum 
        global warming potential under section 4(b).
            (6) Environmentally responsible.--The term 
        ``environmentally responsible'', with respect to a facility or 
        manufacturing capability, means that--
                    (A) the facility or manufacturing capability is in 
                compliance with, or carried out in accordance with, as 
                applicable, all relevant energy efficiency, 
                environmental preference, and safety designations; and
                    (B) in the case of a facility, the facility is 
                built or retrofitted with materials that minimize the 
                use of--
                            (i) energy;
                            (ii) water; and
                            (iii) material resources that produce 
                        pollutants or toxins, as determined by the 
                        Secretary.
            (7) Federal building.--The term ``Federal building'' has 
        the meaning given the term in section 551 of the National 
        Energy Conservation Policy Act (42 U.S.C. 8259).
            (8) Frontline, vulnerable, and disadvantaged community.--
        The term ``frontline, vulnerable, and disadvantaged community'' 
        means a community--
                    (A) in an area described in section 301(a) of the 
                Public Works and Economic Development Act of 1965 (42 
                U.S.C. 3161(a)); and
                    (B) in which climate change, pollution, or 
                environmental destruction have exacerbated systemic 
                racial, regional, social, environmental, gender, and 
                economic injustices by disproportionately affecting 
                Black, Brown, and Indigenous peoples, other communities 
                of color, migrant communities, deindustrialized 
                communities, depopulated rural communities, the poor, 
                low-income workers, women, the elderly, the unhoused, 
                people with disabilities, or youth.
            (9) Fund.--The term ``Fund'' means the Clean Energy Fund 
        established under section 3(a).
            (10) Global warming potential.--The term ``global warming 
        potential'', with respect to an eligible material, means a 
        measure that indicates how much energy the emissions of 1 ton 
        of gases associated with the lifecycle of that eligible 
        material, including the manufacture, use, and disposal of that 
        eligible material, will absorb, on average, over a given period 
        of time, relative to the emissions of 1 ton of carbon dioxide.
            (11) Oversight advisory board.--The term ``Oversight 
        Advisory Board'' means the Green Procurement Oversight Advisory 
        Board established under section 7.
            (12) Renewable energy source.--The term ``renewable energy 
        source'' means energy generated from a renewable source, 
        including the following renewable energy sources:
                    (A) Solar, including electricity.
                    (B) Wind.
                    (C) Ocean, including tidal, wave, current, and 
                thermal.
                    (D) Geothermal, including electricity and heat 
                pumps.
                    (E) Hydroelectric generation capacity achieved from 
                increased efficiency or additions of new capacity at an 
                existing hydroelectric project that was placed in 
                service on or after January 1, 1999.
                    (F) Hydrogen derived from a renewable source of 
                energy.
                    (G) Thermal energy generated by any of the sources 
                described in subparagraphs (A) through (F).
            (13) Secretary.--The term ``Secretary'' means the Secretary 
        of Energy.
            (14) Small business.--The term ``small business'' has the 
        meaning given the term ``small business concern'' in section 3 
        of the Small Business Act (15 U.S.C. 632).

SEC. 3. CLEAN ENERGY FUND.

    (a) In General.--Not later than January 1, 2023, the Secretary 
shall establish a fund in the Department of Energy, to be known as the 
``Clean Energy Fund''.
    (b) Use of Fund.--
            (1) In general.--The Secretary shall--
                    (A) use amounts in the Fund--
                            (i) to purchase covered products for use by 
                        the Secretary, including covered products 
                        relating to information technology and general 
                        supplies and services, in accordance with 
                        subsection (g) and section 5;
                            (ii) to establish and carry out the grant 
                        programs under subsections (c) and (d); and
                            (iii) to carry out the Federal building 
                        activities described in subsection (e); and
                    (B) transfer amounts from the Fund--
                            (i) to 1 or more Federal agencies 
                        (excluding the Department of Defense)--
                                    (I) to purchase covered products 
                                for use by the Federal agency, in 
                                accordance with subsection (g) and 
                                section 5; and
                                    (II) to carry out the Federal 
                                building activities described in 
                                subsection (e); and
                            (ii) to the Administrator of General 
                        Services to carry out subsection (f).
            (2) Purchases from small businesses.--Of the amounts from 
        the Fund made available to a Federal agency in a fiscal year, 
        the head of the Federal agency shall ensure that not less than 
        20 percent is used to purchase covered products from small 
        businesses and covered small businesses.
    (c) State, Tribal, and Local Government Grant Program.--
            (1) In general.--Not later than January 1, 2023, the 
        Secretary, in coordination with the Secretary of the Treasury, 
        shall establish a green procurement grant program under which 
        the Secretary shall provide grants on a competitive basis to 
        States, Indian Tribes, and units of local government to 
        purchase covered products for use by the State, Indian Tribe, 
        or unit of local government, as applicable, in accordance with 
        subsection (g), section 5, and the labor requirements under 
        section 6.
            (2) Selection of grant recipients.--The Secretary shall--
                    (A) share with the Oversight Advisory Board 
                applications received under the grant program 
                established under paragraph (1); and
                    (B) in coordination with the Secretary of the 
                Treasury, select grant recipients under that program 
                after receiving the recommendations of the Oversight 
                Advisory Board relating to grant recipients.
            (3) Distribution of grants.--Of the amounts available in 
        the Fund in a fiscal year to carry out the program under 
        paragraph (1), the Secretary shall ensure that--
                    (A) not less than 60 percent but not more than 65 
                percent of the amount of a grant awarded to a State, 
                Indian Tribe, or unit of local government shall be used 
                to purchase covered products for use in urban areas 
                located in or under the jurisdiction of the State, 
                Indian Tribe, or unit of local government, as 
                applicable;
                    (B) not less than 40 percent of the amount of a 
                grant awarded to a State, Indian Tribe, or unit of 
                local government shall be used to purchase covered 
                products for use in frontline, vulnerable, and 
                disadvantaged communities located in or under the 
                jurisdiction of the State, Indian Tribe, or unit of 
                local government, as applicable; and
                    (C) not less than 20 percent of the amount of a 
                grant awarded to a State, Indian Tribe, or unit of 
                local government shall be used to purchase covered 
                products from small businesses and covered small 
                businesses.
            (4) Priority for school bus electrification.--In providing 
        grants under paragraph (1), the Secretary shall give priority 
        to States, Indian Tribes, and units of local government that 
        will use the grant for the electrification of school buses in 
        frontline, vulnerable, and disadvantaged communities and 
        subsequently in all other communities located in or under the 
        jurisdiction of the State, Indian Tribe, or unit of local 
        government, as applicable.
            (5) Duration of grant.--Funds provided under a grant under 
        paragraph (1) shall be available to the State, Indian Tribe, or 
        unit of local government receiving the grant for not less than 
        3 years after the date on which the funds are provided.
    (d) Industry Grants.--
            (1) Definitions.--In this subsection:
                    (A) Eligible entity.--
                            (i) In general.--The term ``eligible 
                        entity'' means a company that--
                                    (I) is organized under the laws of 
                                the United States or any jurisdiction 
                                within the United States; or
                                    (II) is otherwise subject to the 
                                jurisdiction of the United States.
                            (ii) Exclusion.--The term ``eligible 
                        entity'' does not include a foreign branch of a 
                        company described in clause (i).
                    (B) Greenhouse gas emissions.--The term 
                ``greenhouse gas emissions'' means emissions of any of 
                the following gases:
                            (i) Carbon dioxide.
                            (ii) Methane.
                            (iii) Nitrous oxide.
                            (iv) Hydrofluorocarbons.
                            (v) Perfluorocarbons.
                            (vi) Sulfur hexafluoride.
                            (vii) Nitrogen trifluoride.
            (2) Establishment.--Not later than January 1, 2022, the 
        Secretary shall establish a program under which the Secretary 
        shall provide grants, on a competitive basis, to eligible 
        entities--
                    (A) to retrofit or otherwise upgrade facilities 
                that produce covered products, including to make those 
                facilities environmentally responsible; and
                    (B) for the development of environmentally 
                responsible manufacturing capabilities to bolster the 
                production of covered products, including by--
                            (i) constructing new environmentally 
                        responsible facilities in the United States for 
                        the production of covered products; and
                            (ii) retrofitting or otherwise upgrading 
                        existing facilities in the United States--
                                    (I) to produce covered products; 
                                and
                                    (II) to make those facilities 
                                environmentally responsible.
            (3) Selection of grant recipients.--In providing grants 
        under paragraph (2), the Secretary shall--
                    (A) share grant applications with the Oversight 
                Advisory Board;
                    (B) select grant recipients after receiving the 
                recommendations of the Oversight Advisory Board 
                relating to grant recipients;
                    (C) consider--
                            (i) any labor, health or safety, or 
                        discrimination charges filed against the 
                        eligible entity in the preceding 2 years;
                            (ii) any violations of the National Labor 
                        Relations Act (29 U.S.C. 151 et seq.) reported 
                        to the National Labor Relations Board in the 
                        preceding 2 years;
                            (iii) as applicable, whether wages and 
                        benefits for auto workers are not less than the 
                        industry standards for wages and benefits for 
                        auto workers who are represented by a labor 
                        organization;
                            (iv) whether jobs created for purposes of 
                        activities supported through the grant will be 
                        permanent positions, rather than temporary or 
                        contingent positions;
                            (v) whether training required under the 
                        Occupational Safety and Health Act of 1970 (29 
                        U.S.C. 651 et seq.) will be provided for 
                        employees, including any safety supervisors;
                            (vi) the policy of the eligible entity with 
                        respect to coverage of workers' compensation; 
                        and
                            (vii) whether the work sites that will be 
                        used for activities supported through the grant 
                        have independent health and safety monitoring 
                        policies; and
                    (D) prioritize applications that specify that the 
                eligible entity--
                            (i) participates or will participate in a 
                        registered apprenticeship program; or
                            (ii) prioritizes the employment of 
                        individuals trained and certified by labor 
                        organizations, or joint labor-management 
                        organizations, that promote a skilled workforce 
                        with high standards for quality and safety.
            (4) Requirement.--An eligible entity receiving a grant 
        under paragraph (2) shall comply with the labor requirements 
        under section 6 with respect to the activities carried out 
        using, or otherwise supported by, the grant.
            (5) Submission of environmental product declaration.--The 
        Secretary shall require each eligible entity to which the 
        Secretary awards a grant under paragraph (2) to submit to the 
        Secretary, for each eligible material proposed to be used in 
        the applicable project--
                    (A) a current facility-specific Environmental 
                Product Declaration, Type III (as defined by the 
                International Organization for Standardization standard 
                14025); or
                    (B) a declaration made under a similarly robust 
                lifecycle assessment method that has--
                            (i) uniform standards in data collection 
                        consistent with that standard;
                            (ii) industry acceptance; and
                            (iii) integrity.
            (6) Certifications.--The Secretary shall require that any 
        application for a grant under paragraph (2) shall include a 
        certification that the facility-specific global warming 
        potential for any eligible material proposed to be used in that 
        project does not exceed the maximum acceptable global warming 
        potential established under paragraph (1) of section 4(b) (as 
        adjusted under paragraph (2)(A)(ii) of that section, if 
        applicable) for that eligible material.
            (7) Goal.--In carrying out this subsection, the Secretary 
        shall strive to achieve a continuous reduction of greenhouse 
        gas emissions over time.
            (8) Purchases from small businesses.--Of the amounts made 
        available under subsection (j) in a fiscal year to carry out 
        the grant program established under paragraph (2), the 
        Secretary shall ensure that not less than 20 percent is used to 
        provide grants under that program to eligible entities that are 
        small businesses or covered small businesses.
            (9) Report on implementation and effectiveness.--Not later 
        than January 1, 2023, the Secretary shall submit to the 
        appropriate committees of Congress and the Oversight Advisory 
        Board a report describing--
                    (A) any obstacles to the implementation of the 
                grant program established under this subsection;
                    (B) the effectiveness of the grant program in 
                reducing--
                            (i) greenhouse gas emissions; and
                            (ii) the global warming potential for 
                        eligible materials; and
                    (C) the effectiveness of the grant program in--
                            (i) creating and maintaining jobs in the 
                        United States that comply with the labor 
                        requirements under section 6; and
                            (ii) protecting the rights of workers in 
                        the United States, including the right of 
                        certain workers to organize and bargain 
                        collectively.
    (e) Federal Building Activities.--The Federal building activities 
referred to in subsection (b) are, with respect to a Federal agency, 
activities--
            (1) to construct new, modern Federal buildings of that 
        Federal agency, including new hospitals, medical centers, and 
        clinics in the case of the Department of Veterans Affairs, that 
        are sustainable and resilient, including through the purchase 
        of low-carbon materials for that construction; and
            (2) to modernize, and improve the sustainability and 
        resilience of, Federal buildings of that Federal agency, 
        including hospitals, medical centers, and clinics in the case 
        of the Department of Veterans Affairs, including through--
                    (A) the purchase of low-carbon materials for 
                retrofitting, remodeling, or otherwise improving 
                Federal buildings; and
                    (B) the purchase of clean power for Federal 
                buildings.
    (f) Replacement of Federal Fleet.--Using amounts from the Fund, the 
Administrator of General Services shall purchase zero-emission vehicles 
to replace the existing Federal fleet (as defined by the term ``fleet'' 
in section 301 of the Energy Policy Act of 1992 (42 U.S.C. 13211)) so 
that by the end of fiscal year 2030 the entire Federal fleet consists 
of zero-emission vehicles.
    (g) Priority for Purchasing Covered Products.--A Federal agency, 
State, Indian Tribe, or unit of local government purchasing covered 
products pursuant to this section shall give priority to purchasing 
covered products that--
            (1) are made from renewable and recycled resources 
        (including biobased products);
            (2) have lower lifecycle emissions than comparable 
        products; and
            (3) are designed for--
                    (A) reducing environmental impacts; and
                    (B) recycling.
    (h) Buy American.--
            (1) In general.--Chapter 83 of title 41, United States 
        Code, shall apply with respect to purchases of covered products 
        made pursuant to this section--
                    (A) by a Federal agency; and
                    (B) in the case of purchases by a non-Federal 
                entity, in the same manner in which that chapter 
                applies to the Federal Government.
            (2) Exceptions and waivers.--The Secretary shall, to the 
        maximum extent practicable, minimize the number of exceptions 
        and waivers granted under chapter 83 of title 41, United States 
        Code, with respect to purchases of covered products made 
        pursuant to this section.
    (i) Report.--Not less frequently than once each fiscal year, the 
Secretary shall submit to the appropriate committees of Congress and 
the Oversight Advisory Board a report that--
            (1) describes the activities carried out using amounts in 
        the Fund, including data on the clean power purchased under 
        subsection (e)(2)(B);
            (2) includes data on the covered products purchased 
        pursuant to those activities; and
            (3) includes data on compliance with subsection (h).
    (j) Authorization of Appropriations.--There is authorized to be 
appropriated to the Fund $1,500,000,000,000 for the period of fiscal 
years 2022 through 2031, to remain available until January 1, 2042, of 
which not less than--
            (1) $750,000,000,000 shall be used to carry out the grant 
        program established under subsection (c); and
            (2) $250,000,000,000 shall be used to carry out the grant 
        program established under subsection (d).

SEC. 4. DEPARTMENT OF ENERGY.

    (a) Senior Procurement Officer.--The Secretary shall--
            (1) be designated as the senior procurement officer for the 
        Department of Energy; and
            (2) coordinate with the Director of the Office of 
        Management and Budget in carrying out procurement for the 
        Department of Energy.
    (b) Maximum Acceptable Global Warming Potential of Eligible 
Materials.--
            (1) Establishment.--
                    (A) In general.--Not later than January 1, 2022, 
                the Secretary shall establish, and publish in the 
                Federal Register--
                            (i) an initial list of materials for which 
                        the Secretary shall establish a maximum 
                        acceptable global warming potential under this 
                        subsection; and
                            (ii) the maximum acceptable global warming 
                        potential for each material identified on that 
                        list, as determined in accordance with 
                        subparagraph (B).
                    (B) Requirements.--
                            (i) Industry average.--
                                    (I) In general.--The maximum 
                                acceptable global warming potential for 
                                an eligible material under subparagraph 
                                (A) shall be expressed as a number that 
                                is equal to the industry average of 
                                facility-specific global warming 
                                potential emissions for that eligible 
                                material, as determined under subclause 
                                (II).
                                    (II) Determination.--The Secretary 
                                shall determine the industry average 
                                described in subclause (I) for an 
                                eligible material by consulting 
                                nationally or internationally 
                                recognized databases of environmental 
                                product declarations.
                            (ii) Consistency with environmental product 
                        declaration.--Each maximum acceptable global 
                        warming potential established under 
                        subparagraph (A) shall be established in a 
                        manner that is consistent with the requirements 
                        of an environmental product declaration.
                    (C) Report.--Not later than January 1, 2023, the 
                Secretary shall submit to the appropriate committees of 
                Congress and the Oversight Advisory Board a report that 
                describes the method that the Secretary used to develop 
                the maximum global warming potential for each eligible 
                material under subparagraph (A).
            (2) Review and adjustment.--
                    (A) In general.--Not later than January 1, 2026, 
                and every 3 years thereafter through 2042, the 
                Secretary--
                            (i) shall review the maximum acceptable 
                        global warming potential established under 
                        paragraph (1) for each eligible material; and
                            (ii) may adjust that maximum acceptable 
                        global warming potential for an eligible 
                        material downward to reflect industry 
                        improvements if the Secretary, based on the 
                        process described in paragraph (1)(B)(i)(II), 
                        determines that the industry average has 
                        changed.
                    (B) Publication.--If the Secretary adjusts the 
                maximum acceptable global warming potential of an 
                eligible material downward under subparagraph (A)(ii), 
                the Secretary shall publish the updated maximum global 
                warming potential in the Federal Register.
                    (C) Prohibition.--After establishing the maximum 
                acceptable global warming potential for an eligible 
                material under paragraph (1), the Secretary may not 
                adjust that maximum acceptable global warming potential 
                upward.

SEC. 5. REQUIREMENTS FOR PROCUREMENT OF COVERED PRODUCTS.

    An entity procuring a covered product pursuant to this Act shall 
ensure that the procurement--
            (1) is conducted in compliance with all applicable laws 
        regarding fair and open competition in contracting;
            (2) is subject to appropriate cost controls;
            (3) provides for whistleblower protections for employees of 
        contractors and subcontractors;
            (4) requires contractors and subcontractors to retain 
        records pertinent to contract performance;
            (5) requires contractors to submit to the entity audited 
        financial statements covering the contract performance period; 
        and
            (6) is conducted in compliance with section 552 of title 5, 
        United States Code (commonly known as the ``Freedom of 
        Information Act'') and other applicable open records laws.

SEC. 6. LABOR REQUIREMENTS.

    (a) Definitions.--In this section:
            (1) Covered activities.--The term ``covered activities'' 
        means--
                    (A) with respect to a covered entity described in 
                subparagraph (A) of paragraph (2), activities involving 
                producing or manufacturing a covered product; or
                    (B) with respect to a covered entity described in 
                subparagraph (B) of such paragraph, activities 
                supported by the grant.
            (2) Covered entity.--The term ``covered entity'' means--
                    (A) an entity producing or manufacturing a product 
                as described in section 2(3)(A)(ii)(I)(cc); or
                    (B) an entity receiving a grant under this Act.
    (b) Requirements.--The labor requirements under this section with 
respect to a covered entity are each of the following:
            (1) Minimum wage.--
                    (A) In general.--The covered entity shall ensure 
                that all employees of the covered entity, and of any 
                contractor or subcontractor of the covered entity with 
                respect to the covered activities, who are engaged in 
                the covered activities shall be paid at a rate of not 
                less than--
                            (i) $15.00 an hour, beginning on the date 
                        of enactment of this Act; and
                            (ii) beginning on the date that is 1 year 
                        after such date of enactment, and annually 
                        thereafter, the greater of--
                                    (I) the amount in effect under this 
                                subparagraph for the preceding year, 
                                increased by the annual percentage 
                                increase, if any, in the median hourly 
                                wage of all employees as determined by 
                                the Bureau of Labor Statistics and 
                                rounded up to the nearest multiple of 
                                $0.05; or
                                    (II) 10 percent more than the 
                                minimum wage applicable under section 6 
                                of the Fair Labor Standards Act of 1938 
                                (29 U.S.C. 206).
                    (B) Calculation.--In calculating the annual 
                percentage increase in the median hourly wage of all 
                employees for purposes of subparagraph (A)(ii)(I), the 
                Secretary of Labor, through the Bureau of Labor 
                Statistics, shall--
                            (i) compile data on the hourly wages of all 
                        employees to determine such a median hourly 
                        wage; and
                            (ii) compare such median hourly wage for 
                        the most recent year for which data are 
                        available with the median hourly wage 
                        determined for the preceding year.
                    (C) Requirements applicable to construction.--
                Notwithstanding any other requirement in this section, 
                all laborers and mechanics employed by contractors or 
                subcontractors in the performance of construction, 
                alteration, or repair work assisted, in whole or in 
                part, with a grant under this Act shall be paid wages 
                at rates not less than those prevailing on similar 
                construction, alteration, or repair work in the 
                locality as determined by the Secretary of Labor in 
                accordance with subchapter IV of chapter 31 of title 
                40, United States Code. The Secretary of Labor shall 
                have, with respect to such labor standards, 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.
                    (D) Requirements applicable to vehicle 
                production.--
                            (i) Definitions.--In this subparagraph:
                                    (I) Covered production worker.--The 
                                term ``covered production worker'' 
                                means a worker who--
                                            (aa) is employed by an 
                                        establishment in the Motor 
                                        Vehicle Manufacturing industry 
                                        (Code 3361 of the North 
                                        American Industry 
                                        Classification System);
                                            (bb) is directly involved 
                                        in the production of a vehicle; 
                                        and
                                            (cc) is not a manager, 
                                        engineer, or involved in 
                                        research and development, or 
                                        does not have a skilled trade.
                                    (II) Industry standard wage rate.--
                                The term ``industry standard wage 
                                rate'', with respect to covered 
                                production workers, means the median 
                                wage rate for all covered production 
                                workers, as determined by the Secretary 
                                of Labor in accordance with clause 
                                (iv).
                                    (III) Top earning wage rate.--The 
                                term ``top earning wage rate'' means 
                                the value of the wage rate for which 75 
                                percent of covered production workers 
                                earn less, as determined by the 
                                Secretary of Labor in accordance with 
                                clause (iv).
                            (ii) Minimum wage rate.--Notwithstanding 
                        any other requirement in this section, the 
                        covered entity shall ensure that--
                                    (I) the average rate of pay for all 
                                covered production workers employed, 
                                directly by a manufacturer or through a 
                                subcontractor or employment services 
                                agency, in the performance of covered 
                                activities is not less than the 
                                industry standard wage rate for covered 
                                production workers; and
                                    (II) all covered production workers 
                                described in subclause (I) are paid not 
                                less than the rate in effect under 
                                subparagraph (A).
                            (iii) Pathway to top earning wage rate.--
                        The covered entity shall ensure that all 
                        covered production workers employed, directly 
                        by a manufacturer or through a subcontractor or 
                        employment services agency, in the performance 
                        of covered activities, are covered by a policy 
                        determined in a labor organization contract or 
                        a written company policy that provides, to the 
                        extent practicable, a pathway for such workers 
                        to earn the top earning wage rate not later 
                        than 7 years after beginning such employment.
                            (iv) Determining wages of workers in the 
                        industry.--For purposes of this subparagraph, 
                        in determining for a year the industry standard 
                        wage rate and the top earning wage rate, the 
                        Secretary of Labor shall use the National 
                        Industry-Specific Occupational Employment and 
                        Wage Estimates, for the preceding year, for the 
                        Motor Vehicle Manufacturing industry (Code 3361 
                        of the North American Industry Classification 
                        System) for the occupation of Assemblers and 
                        Fabricators (Occupational Code 51-2000 of the 
                        Occupational Employment Statistics of the 
                        Bureau of Labor Statistics).
            (2) Neutrality toward organized labor.--The covered entity 
        shall have, and ensure that all contractors and subcontractors 
        of the covered entity with respect to the covered activities, 
        have--
                    (A) an explicit policy of neutrality with regard 
                to--
                            (i) labor organizing for the employees 
                        engaged in the covered activities; and
                            (ii) such employees' choice to form and 
                        join labor organizations; and
                    (B) policies that require--
                            (i) the posting and maintenance of notices 
                        in the workplace to such employees of their 
                        rights under the National Labor Relations Act 
                        (29 U.S.C. 151 et seq.); and
                            (ii) that such employees are, at the 
                        beginning of their employment, provided notice 
                        and information regarding the employees' rights 
                        under such Act.
            (3) Paid family and medical leave.--The covered entity 
        shall have, and ensure that all contractors and subcontractors 
        of the covered entity with respect to the covered activities 
        have, an explicit policy providing all employees engaged in the 
        covered activities not less than 12 workweeks of paid leave in 
        a 12-month period for any purpose described in section 
        102(a)(1) of the Family and Medical Leave Act of 1993 (29 
        U.S.C. 2612(a)(1)), in accordance with regulations promulgated 
        by the Secretary of Labor.
            (4) Fair scheduling.--
                    (A) In general.--The covered entity shall have, and 
                ensure that all contractors and subcontractors of the 
                covered entity with respect to the covered activities 
                have, an explicit policy for fair scheduling for 
                employees engaged in the covered activities, which 
                shall include--
                            (i) an opportunity for the employee to 
                        request--
                                    (I) an adjustment in the number of 
                                hours, work location, or times of the 
                                employee's work schedule;
                                    (II) a change in the amount of 
                                notification provided to the employee 
                                regarding the work schedule; or
                                    (III) the minimizing of 
                                fluctuations in the number of hours the 
                                employee is scheduled to work on a 
                                daily, weekly, or monthly basis; and
                            (ii) a timely, good faith interactive 
                        process through which the covered entity, or 
                        contractor or subcontractor, and employee 
                        discuss the employee's request under clause (i) 
                        and the covered entity, or contractor or 
                        subcontractor, grants the request or suggests 
                        any alternatives that might meet the employee's 
                        needs.
                    (B) Exception.--Subparagraph (A) shall not apply to 
                any employee covered by a valid collective bargaining 
                agreement if--
                            (i) the terms of the collective bargaining 
                        agreement include terms that govern work 
                        scheduling practices; and
                            (ii) the provisions of this paragraph are 
                        expressly waived in such collective bargaining 
                        agreement.
            (5) Preference for local hiring.--The covered entity shall 
        have, and ensure that all contractors and subcontractors with 
        respect to the covered activities have, explicit policies that 
        provide a preference for local hiring for individuals engaged 
        in the covered activities, consistent with applicable Federal 
        law and subject to rules issued by the Secretary of Labor.
            (6) Employee classification.--The covered entity shall 
        consider, and ensure that all contractors and subcontractors of 
        the covered entity with respect to the covered activities 
        consider, an individual performing any service for remuneration 
        for the covered entity, or contractor or subcontractor, in the 
        performance of the covered activities as an employee (and not 
        an independent contractor) of the covered entity, or contractor 
        or subcontractor, unless--
                    (A) 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;
                    (B) the service is performed outside the usual 
                course of the business of the covered entity or the 
                contractor or subcontractor; and
                    (C) the individual is customarily engaged in an 
                independently established trade, occupation, 
                profession, or business of the same nature as that 
                involved in such service.

SEC. 7. GREEN PROCUREMENT OVERSIGHT ADVISORY BOARD.

    (a) In General.--There is established a Green Procurement Oversight 
Advisory Board within the Department of Energy.
    (b) Coordination.--The Oversight Advisory Board shall carry out its 
activities in coordination with the Office of Federal Sustainability 
and the Office of Management and Budget.
    (c) Membership.--The members of the Oversight Advisory Board 
shall--
            (1) be appointed by the Secretary of Energy; and
            (2) consist of--
                    (A) experts on procurement and clean energy, 
                including scientists, from Federal and State agencies;
                    (B) 1 or more representatives from--
                            (i) each of--
                                    (I) the Office of Science and 
                                Technology Policy;
                                    (II) the General Services 
                                Administration; and
                                    (III) the Council on Environmental 
                                Quality;
                            (ii) environmental justice organizations; 
                        and
                            (iii) unionized labor groups; and
                    (C) chief financial officers of private companies.
    (d) Functions.--The Oversight Advisory Board shall--
            (1) oversee the procurement of covered products by Federal 
        agencies pursuant to this Act, including to ensure that 
        procurement of those products is carried out--
                    (A) efficiently and in accordance with relevant 
                contracting and labor laws, including open competition 
                requirements;
                    (B) in compliance with relevant conflict of 
                interest requirements;
                    (C) in a manner that--
                            (i) promotes open competition; and
                            (ii) prevents frauds; and
                    (D) by Federal agency personnel sufficiently 
                trained to ensure responsible procurement practices 
                pursuant to this Act and the goals of this Act;
            (2) offer recommendations relating to the selection of 
        recipients of grants under the grant programs established under 
        this Act, with the goal of ensuring that grant recipients will 
        use the grant funds--
                    (A) efficiently and in accordance with relevant 
                contracting and labor laws, including open competition 
                requirements;
                    (B) in compliance with relevant conflict of 
                interest requirements;
                    (C) in a manner that--
                            (i) promotes open competition; and
                            (ii) prevents frauds; and
                    (D) by personnel sufficiently trained to ensure 
                responsible procurement practices pursuant to this Act 
                and the goals of this Act; and
            (3) submit an annual report to the Comptroller General of 
        the United States, Congress, and the President describing--
                    (A) the procurement of covered products by Federal 
                agencies pursuant to this Act; and
                    (B) the recommendations made by the Oversight 
                Advisory Board under paragraph (2).
    (e) Authorities.--The Oversight Advisory Board--
            (1) shall have the authority to issue subpoenas; and
            (2) may refer parties that engage in fraud in connection 
        with a procurement contract entered into by a Federal agency 
        pursuant to this Act to the appropriate Federal law enforcement 
        authority.
    (f) Treatment as Advisory Committee.--The Oversight Advisory Board 
is an advisory committee (as defined in section 3 of the Federal 
Advisory Committee Act (5 U.S.C. App.)).

SEC. 8. OVERSIGHT BY COMPTROLLER GENERAL.

    The Comptroller General of the United States shall--
            (1) conduct oversight of the funds appropriated under this 
        Act to ensure transparency and compliance with all applicable 
        requirements; and
            (2) shall make publicly available an annual report that--
                    (A) evaluates the efficacy of the programs 
                established under this Act; and
                    (B) makes recommendations for any improvements to 
                those programs.
                                 <all>