,,ii #aagth ,,congress #ast ,session ,s4 #aibe ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,may #bg1 #bjba,ms4 ,warren 7for herself and ,mr4 ,sanders7 introduced the following bill2 which was read twice and referred to the ,committee on ,homeland ,security and ,governmental ,affairs ,a ,,bill ,to support and fund the ,federal procurement of clean energy products1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,buy ,green ,act of #bjba4 #b4 ,definitions ,in this ,act3 7#a7 ,appropriate committees of ,congress ,the term appropriate committees of ,congress means-- 7,a7 the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate2 7,b7 the ,committee on ,environment and ,public ,works of the ,senate2 7,c7 the ,committee on ,transportation and ,infrastructure of the ,house of ,representatives2 and 7,d7 the ,committee on ,energy and ,commerce of the ,house of ,representatives4 7#b7 ,clean power ,the term clean power means power derived from a renewable energy source4 7#c7 ,covered product 7,a7 ,in general ,the term covered product means-- 7i7 energy-- 7,i7 used to power a facility2 and 7,,ii7 the production of which comes from a renewable energy source2 and 7ii7 a product that-- 7,i7 is produced or manufactured-- 7aa7 in the ,united ,states 7including the territories of the ,united ,states72 7bb7 in accordance with all relevant energy efficiency1 environmental preference1 and safety designations2 and 7cc7 by an entity that complies with the labor requirements under section #f2 and 7,,ii7 reduces energy usage during the lifecycle of the product by-- 7aa7 minimizing energy1 water1 or material resources associated with the product2 7bb7 increasing opportunities for reuse and recycling due to the durability or repairability of the product2 and 7cc7 improving environmental and human health impacts4 7,b7 ,inclusions ,the term covered product includes a product described in subparagraph 7,a77ii7 that-- 7i7 is a zero-emission vehicle or a nonmotorized alternative mode of transportation2 7ii7 is a zero-emission form of public transportation1 including high-speed rail2 7iii7 is a product or low-carbon material used to design1 construct1 or retrofit buildings1 including a product bearing the ,green ,seal certification2 7iv7 improves the energy efficiency measures of facilities to make facilities environmentally responsible2 7v7 is a product used to maintain or clean buildings2 7vi7 is an appliance certified under the ,energy ,star program established under section #cbd;,a of the ,energy ,policy and ,conservation ,act 7#db ,u4,s4,c4 #fbid;a72 7vii7 is an electronics product bearing the ,,epeat certification2 or 7viii7 is an energy-storage technology4 7#d7 ,covered small business ,the term covered small business means-- 7,a7 a small business concern owned and controlled by socially and economically disadvantaged individuals 7as defined in section #h7;d77#c77;,c7 of the ,small ,business ,act 7#ae ,u4,s4,c4 #fcg7;d77#c77;,c7772 7,b7 a small business concern owned and controlled by women 7as defined in section #c of that ,act 7#ae ,u4,s4,c4 #fcb772 and 7,c7 a small business concern owned and controlled by veterans 7as defined in section #c of that ,act 7#ae ,u4,s4,c4 #fcb774 7#e7 ,eligible material ,the term eligible material means a material for which the ,secretary establishes a maximum global warming potential under section #d7;b74 7#f7 ,environmentally responsible ,the term environmentally responsible1 with respect to a facility or manufacturing capability1 means that-- 7,a7 the facility or manufacturing capability is in compliance with1 or carried out in accordance with1 as applicable1 all relevant energy efficiency1 environmental preference1 and safety designations2 and 7,b7 in the case of a facility1 the facility is built or retrofitted with materials that minimize the use of-- 7i7 energy2 7ii7 water2 and 7iii7 material resources that produce pollutants or toxins1 as determined by the ,secretary4 7#g7 ,federal building ,the term ,federal building has the meaning given the term in section #eea of the ,national ,energy ,conservation ,policy ,act 7#db ,u4,s4,c4 #hbei74 7#h7 ,frontline1 vulnerable1 and disadvantaged community ,the term frontline1 vulnerable1 and disadvantaged community means a community-- 7,a7 in an area described in section #cja7;a7 of the ,public ,works and ,economic ,development ,act of #aife 7#db ,u4,s4,c4 #cafa7;a772 and 7,b7 in which climate change1 pollution1 or environmental destruction have exacerbated systemic racial1 regional1 social1 environmental1 gender1 and economic injustices by disproportionately affecting ,black1 ,brown1 and ,indigenous peoples1 other communities of color1 migrant communities1 deindustrialized communities1 depopulated rural communities1 the poor1 low-income workers1 women1 the elderly1 the unhoused1 people with disabilities1 or youth4 7#i7 ,fund ,the term ,fund means the ,clean ,energy ,fund established under section #c7;a74 7#aj7 ,global warming potential ,the term global warming potential1 with respect to an eligible material1 means a measure that indicates how much energy the emissions of #a ton of gases associated with the life cycle of that eligible material1 including the manufacture1 use1 and disposal of that eligible material1 will absorb1 on average1 over a given period of time1 relative to the emissions of #a ton of carbon dioxide4 7#aa7 ,oversight ,advisory ,board ,the term ,oversight ,advisory ,board means the ,green ,procurement ,oversight ,advisory ,board established under section #g4 7#ab7 ,renewable energy source ,the term renewable energy source means energy generated from a renewable source1 including the following renewable energy sources3 7,a7 ,solar1 including electricity4 7,b7 ,wind4 7,c7 ,ocean1 including tidal1 wave1 current1 and thermal4 7,d7 ,geothermal1 including electricity and heat pumps4 7,e7 ,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 #a1 #aiii4 7,f7 ,hydrogen derived from a renewable source of energy4 7,g7 ,thermal energy generated by any of the sources described in subparagraphs 7,a7 through 7,f74 7#ac7 ,secretary ,the term ,secretary means the ,secretary of ,energy4 7#ad7 ,small business ,the term small business has the meaning given the term small business concern in section #c of the ,small ,business ,act 7#ae ,u4,s4,c4 #fcb74 #c4 ,clean ,energy ,fund 7a7 ,in general ,not later than ,january #a1 #bjbc1 the ,secretary shall establish a fund in the ,department of ,energy1 to be known as the ,clean ,energy ,fund4 7b7 ,use of ,fund 7#a7 ,in general ,the ,secretary shall-- 7,a7 use amounts in the ,fund-- 7i7 to purchase covered products for use by the ,secretary1 including covered products relating to information technology and general supplies and services1 in accordance with subsection 7g7 and section #e2 7ii7 to establish and carry out the grant programs under subsections 7c7 and 7d72 and 7iii7 to carry out the ,federal building activities described in subsection 7e72 and 7,b7 transfer amounts from the ,fund-- 7i7 to #a or more ,federal agencies 7excluding the ,department of ,defense7-- 7,i7 to purchase covered products for use by the ,federal agency1 in accordance with subsection 7g7 and section #e2 and 7,,ii7 to carry out the ,federal building activities described in subsection 7e72 and 7ii7 to the ,administrator of ,general ,services to carry out subsection 7f74 7#b7 ,purchases from small businesses ,of the amounts from the ,fund made available to a ,federal agency in a fiscal year1 the head of the ,federal agency shall ensure that not less than #bj percent is used to purchase covered products from small businesses and covered small businesses4 7c7 ,state1 ,tribal1 and local government grant program 7#a7 ,in general ,not later than ,january #a1 #bjbc1 the ,secretary1 in coordination with the ,secretary of the ,treasury1 shall establish a green procurement grant program under which the ,secretary shall provide grants on a competitive basis to ,states1 ,indian ,tribes1 and units of local government to purchase covered products for use by the ,state1 ,indian ,tribe1 or unit of local government1 as applicable1 in accordance with subsection 7g71 section #e1 and the labor requirements under section #f4 7#b7 ,selection of grant recipients ,the ,secretary shall-- 7,a7 share with the ,oversight ,advisory ,board applications received under the grant program established under paragraph 7#a72 and 7,b7 in coordination with the ,secretary of the ,treasury1 select grant recipients under that program after receiving the recommendations of the ,oversight ,advisory ,board relating to grant recipients4 7#c7 ,distribution of grants ,of the amounts available in the ,fund in a fiscal year to carry out the program under paragraph 7#a71 the ,secretary shall ensure that-- 7,a7 not less than #fj percent but not more than #fe percent of the amount of a grant awarded to a ,state1 ,indian ,tribe1 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 ,state1 ,indian ,tribe1 or unit of local government1 as applicable2 7,b7 not less than #dj percent of the amount of a grant awarded to a ,state1 ,indian ,tribe1 or unit of local government shall be used to purchase covered products for use in frontline1 vulnerable1 and disadvantaged communities located in or under the jurisdiction of the ,state1 ,indian ,tribe1 or unit of local government1 as applicable2 and 7,c7 not less than #bj percent of the amount of a grant awarded to a ,state1 ,indian ,tribe1 or unit of local government shall be used to purchase covered products from small businesses and covered small businesses4 7#d7 ,priority for school bus electrification ,in providing grants under paragraph 7#a71 the ,secretary shall give priority to ,states1 ,indian ,tribes1 and units of local government that will use the grant for the electrification of school buses in frontline1 vulnerable1 and disadvantaged communities and subsequently in all other communities located in or under the jurisdiction of the ,state1 ,indian ,tribe1 or unit of local government1 as applicable4 7#e7 ,duration of grant ,funds provided under a grant under paragraph 7#a7 shall be available to the ,state1 ,indian ,tribe1 or unit of local government receiving the grant for not less than #c years after the date on which the funds are provided4 7d7 ,industry grants 7#a7 ,definitions ,in this subsection3 7,a7 ,eligible entity 7i7 ,in general ,the term eligible entity means a company that-- 7,i7 is organized under the laws of the ,united ,states or any jurisdiction within the ,united ,states2 or 7,,ii7 is otherwise subject to the jurisdiction of the ,united ,states4 7ii7 ,exclusion ,the term eligible entity does not include a foreign branch of a company described in clause 7i74 7,b7 ,greenhouse gas emissions ,the term greenhouse gas emissions means emissions of any of the following gases3 7i7 ,carbon dioxide4 7ii7 ,methane4 7iii7 ,nitrous oxide4 7iv7 ,hydrofluorocarbons4 7v7 ,perfluorocarbons4 7vi7 ,sulfur hexafluoride4 7vii7 ,nitrogen trifluoride4 7#b7 ,establishment ,not later than ,january #a1 #bjbb1 the ,secretary shall establish a program under which the ,secretary shall provide grants1 on a competitive basis1 to eligible entities-- 7,a7 to retrofit or otherwise upgrade facilities that produce covered products1 including to make those facilities environmentally responsible2 and 7,b7 for the development of environmentally responsible manufacturing capabilities to bolster the production of covered products1 including by-- 7i7 constructing new environmentally responsible facilities in the ,united ,states for the production of covered products2 and 7ii7 retrofitting or otherwise upgrading existing facilities in the ,united ,states-- 7,i7 to produce covered products2 and 7,,ii7 to make those facilities environmentally responsible4 7#c7 ,selection of grant recipients ,in providing grants under paragraph 7#b71 the ,secretary shall-- 7,a7 share grant applications with the ,oversight ,advisory ,board2 7,b7 select grant recipients after receiving the recommendations of the ,oversight ,advisory ,board relating to grant recipients2 7,c7 consider-- 7i7 any labor1 health or safety1 or discrimination charges filed against the eligible entity in the preceding #b years2 7ii7 any violations of the ,national ,labor ,relations ,act 7#bi ,u4,s4,c4 #aea et seq47 reported to the ,national ,labor ,relations ,board in the preceding #b years2 7iii7 as applicable1 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 organization2 7iv7 whether jobs created for purposes of activities supported through the grant will be permanent positions1 rather than temporary or contingent positions2 7v7 whether training required under the ,occupational ,safety and ,health ,act of #aigj 7#bi ,u4,s4,c4 #fea et seq47 will be provided for employees1 including any safety supervisors2 7vi7 the policy of the eligible entity with respect to coverage of workers' compensation2 and 7vii7 whether the work sites that will be used for activities supported through the grant have independent health and safety monitoring policies2 and 7,d7 prioritize applications that specify that the eligible entity-- 7i7 participates or will participate in a registered apprenticeship program2 or 7ii7 prioritizes the employment of individuals trained and certified by labor organizations1 or joint labor-management organizations1 that promote a skilled workforce with high standards for quality and safety4 7#d7 ,requirement ,an eligible entity receiving a grant under paragraph 7#b7 shall comply with the labor requirements under section #f with respect to the activities carried out using1 or otherwise supported by1 the grant4 7#e7 ,submission of environmental product declaration ,the ,secretary shall require each eligible entity to which the ,secretary awards a grant under paragraph 7#b7 to submit to the ,secretary1 for each eligible material proposed to be used in the applicable project-- 7,a7 a current facility-specific ,environmental ,product ,declaration1 ,type ,,iii 7as defined by the ,international ,organization for ,standardization standard #adjbe72 or 7,b7 a declaration made under a similarly robust life cycle assessment method that has-- 7i7 uniform standards in data collection consistent with that standard2 7ii7 industry acceptance2 and 7iii7 integrity4 7#f7 ,certifications ,the ,secretary shall require that any application for a grant under paragraph 7#b7 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 7#a7 of section #d7;b7 7as adjusted under paragraph 7#b77;,a77ii7 of that section1 if applicable7 for that eligible material4 7#g7 ,goal ,in carrying out this subsection1 the ,secretary shall strive to achieve a continuous reduction of greenhouse gas emissions over time4 7#h7 ,purchases from small businesses ,of the amounts made available under subsection 7j7 in a fiscal year to carry out the grant program established under paragraph 7#b71 the ,secretary shall ensure that not less than #bj percent is used to provide grants under that program to eligible entities that are small businesses or covered small businesses4 7#i7 ,report on implementation and effectiveness ,not later than ,january #a1 #bjbc1 the ,secretary shall submit to the appropriate committees of ,congress and the ,oversight ,advisory ,board a report describing-- 7,a7 any obstacles to the implementation of the grant program established under this subsection2 7,b7 the effectiveness of the grant program in reducing-- 7i7 greenhouse gas emissions2 and 7ii7 the global warming potential for eligible materials2 and 7,c7 the effectiveness of the grant program in-- 7i7 creating and maintaining jobs in the ,united ,states that comply with the labor requirements under section #f2 and 7ii7 protecting the rights of workers in the ,united ,states1 including the right of certain workers to organize and bargain collectively4 7e7 ,federal building activities ,the ,federal building activities referred to in subsection 7b7 are1 with respect to a ,federal agency1 activities-- 7#a7 to construct new1 modern ,federal buildings of that ,federal agency1 including new hospitals1 medical centers1 and clinics in the case of the ,department of ,veterans ,affairs1 that are sustainable and resilient1 including through the purchase of low-carbon materials for that construction2 and 7#b7 to modernize1 and improve the sustainability and resilience of1 ,federal buildings of that ,federal agency1 including hospitals1 medical centers1 and clinics in the case of the ,department of ,veterans ,affairs1 including through-- 7,a7 the purchase of low-carbon materials for retrofitting1 remodeling1 or otherwise improving ,federal buildings2 and 7,b7 the purchase of clean power for ,federal buildings4 7f7 ,replacement of ,federal fleet ,using amounts from the ,fund1 the ,administrator of ,general ,services shall purchase zero-emission vehicles to replace the existing ,federal fleet 7as defined by the term fleet in section #cja of the ,energy ,policy ,act of #aiib 7#db ,u4,s4,c4 #acbaa77 so that by the end of fiscal year #bjcj the entire ,federal fleet consists of zero-emission vehicles4 7g7 ,priority for purchasing covered products ,a ,federal agency1 ,state1 ,indian ,tribe1 or unit of local government purchasing covered products pursuant to this section shall give priority to purchasing covered products that-- 7#a7 are made from renewable and recycled resources 7including biobased products72 7#b7 have lower lifecycle emissions than comparable products2 and 7#c7 are designed for-- 7,a7 reducing environmental impacts2 and 7,b7 recycling4 7h7 ,buy ,american 7#a7 ,in general ,chapter #hc of title #da1 ,united ,states ,code1 shall apply with respect to purchases of covered products made pursuant to this section-- 7,a7 by a ,federal agency2 and 7,b7 in the case of purchases by a non-,federal entity1 in the same manner in which that chapter applies to the ,federal ,government4 7#b7 ,exceptions and waivers ,the ,secretary shall1 to the maximum extent practicable1 minimize the number of exceptions and waivers granted under chapter #hc of title #da1 ,united ,states ,code1 with respect to purchases of covered products made pursuant to this section4 7i7 ,report ,not less frequently than once each fiscal year1 the ,secretary shall submit to the appropriate committees of ,congress and the ,oversight ,advisory ,board a report that-- 7#a7 describes the activities carried out using amounts in the ,fund1 including data on the clean power purchased under subsection 7e77#b77;,b72 7#b7 includes data on the covered products purchased pursuant to those activities2 and 7#c7 includes data on compliance with subsection 7h74 7j7 ,authorization of appropriations ,there is authorized to be appropriated to the ,fund #a1ejj1jjj1jjj1jjj for the period of fiscal years #bjbb through #bjca1 to remain available until ,january #a1 #bjdb1 of which not less than-- 7#a7 #gej1jjj1jjj1jjj shall be used to carry out the grant program established under subsection 7c72 and 7#b7 #bej1jjj1jjj1jjj shall be used to carry out the grant program established under subsection 7d74 #d4 ,department of ,energy 7a7 ,senior procurement officer ,the ,secretary shall-- 7#a7 be designated as the senior procurement officer for the ,department of ,energy2 and 7#b7 coordinate with the ,director of the ,office of ,management and ,budget in carrying out procurement for the ,department of ,energy4 7b7 ,maximum acceptable global warming potential of eligible materials 7#a7 ,establishment 7,a7 ,in general ,not later than ,january #a1 #bjbb1 the ,secretary shall establish1 and publish in the ,federal ,register-- 7i7 an initial list of materials for which the ,secretary shall establish a maximum acceptable global warming potential under this subsection2 and 7ii7 the maximum acceptable global warming potential for each material identified on that list1 as determined in accordance with subparagraph 7,b74 7,b7 ,requirements 7i7 ,industry average 7,i7 ,in general ,the maximum acceptable global warming potential for an eligible material under subparagraph 7,a7 shall be expressed as a number that is equal to the industry average of facility-specific global warming potential emissions for that eligible material1 as determined under subclause 7,,ii74 7,,ii7 ,determination ,the ,secretary shall determine the industry average described in subclause 7,i7 for an eligible material by consulting nationally or internationally recognized databases of environmental product declarations4 7ii7 ,consistency with environmental product declaration ,each maximum acceptable global warming potential established under subparagraph 7,a7 shall be established in a manner that is consistent with the requirements of an environmental product declaration4 7,c7 ,report ,not later than ,january #a1 #bjbc1 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 7,a74 7#b7 ,review and adjustment 7,a7 ,in general ,not later than ,january #a1 #bjbf1 and every #c years thereafter through #bjdb1 the ,secretary-- 7i7 shall review the maximum acceptable global warming potential established under paragraph 7#a7 for each eligible material2 and 7ii7 may adjust that maximum acceptable global warming potential for an eligible material downward to reflect industry improvements if the ,secretary1 based on the process described in paragraph 7#a77;,b77i77,,ii71 determines that the industry average has changed4 7,b7 ,publication ,if the ,secretary adjusts the maximum acceptable global warming potential of an eligible material downward under subparagraph 7,a77ii71 the ,secretary shall publish the updated maximum global warming potential in the ,federal ,register4 7,c7 ,prohibition ,after establishing the maximum acceptable global warming potential for an eligible material under paragraph 7#a71 the ,secretary may not adjust that maximum acceptable global warming potential upward4 #e4 ,requirements for procurement of covered products ,an entity procuring a covered product pursuant to this ,act shall ensure that the procurement-- 7#a7 is conducted in compliance with all applicable laws regarding fair and open competition in contracting2 7#b7 is subject to appropriate cost controls2 7#c7 provides for whistleblower protections for employees of contractors and subcontractors2 7#d7 requires contractors and subcontractors to retain records pertinent to contract performance2 7#e7 requires contractors to submit to the entity audited financial statements covering the contract performance period2 and 7#f7 is conducted in compliance with section #eeb of title #e1 ,united ,states ,code 7commonly known as the ,freedom of ,information ,act7 and other applicable open records laws4 #f4 ,labor requirements 7a7 ,definitions ,in this section3 7#a7 ,covered activities ,the term covered activities means-- 7,a7 with respect to a covered entity described in subparagraph 7,a7 of paragraph 7#b71 activities involving producing or manufacturing a covered product2 or 7,b7 with respect to a covered entity described in subparagraph 7,b7 of such paragraph1 activities supported by the grant4 7#b7 ,covered entity ,the term covered entity means-- 7,a7 an entity producing or manufacturing a product as described in section #b7c77;,a77ii77,i77cc72 or 7,b7 an entity receiving a grant under this ,act4 7b7 ,requirements ,the labor requirements under this section with respect to a covered entity are each of the following3 7#a7 ,minimum wage 7,a7 ,in general ,the covered entity shall ensure that all employees of the covered entity1 and of any contractor or subcontractor of the covered entity with respect to the covered activities1 who are engaged in the covered activities shall be paid at a rate of not less than-- 7i7 #ae4jj an hour1 beginning on the date of enactment of this ,act2 and 7ii7 beginning on the date that is #a year after such date of enactment1 and annually thereafter1 the greater of-- 7,i7 the amount in effect under this subparagraph for the preceding year1 increased by the annual percentage increase1 if any1 in the median hourly wage of all employees as determined by the ,bureau of ,labor ,statistics and rounded up to the nearest multiple of #j4je2 or 7,,ii7 #aj percent more than the minimum wage applicable under section #f of the ,fair ,labor ,standards ,act of #aich 7#bi ,u4,s4,c4 #bjf74 7,b7 ,calculation ,in calculating the annual percentage increase in the median hourly wage of all employees for purposes of subparagraph 7,a77ii77,i71 the ,secretary of ,labor1 through the ,bureau of ,labor ,statistics1 shall-- 7i7 compile data on the hourly wages of all employees to determine such a median hourly wage2 and 7ii7 compare such median hourly wage for the most recent year for which data are available with the median hourly wage determined for the preceding year4 7,c7 ,requirements applicable to construction ,notwithstanding any other requirement in this section1 all laborers and mechanics employed by contractors or subcontractors in the performance of construction1 alteration1 or repair work assisted1 in whole or in part1 with a grant under this ,act shall be paid wages at rates not less than those prevailing on similar construction1 alteration1 or repair work in the locality as determined by the ,secretary of ,labor in accordance with subchapter ,,iv of chapter #ca of title #dj1 ,united ,states ,code4 ,the ,secretary of ,labor shall have1 with respect to such labor standards1 the authority and functions set forth in ,reorganization ,plan ,numbered #ad of #aiej 7#fd ,stat4 #abfg2 #e ,u4,s4,c4 ,app47 and section #cade of title #dj1 ,united ,states ,code4 7,d7 ,requirements applicable to vehicle production 7i7 ,definitions ,in this subparagraph3 7,i7 ,covered production worker ,the term covered production worker means a worker who-- 7aa7 is employed by an establishment in the ,motor ,vehicle ,manufacturing industry 7,code #ccfa of the ,north ,american ,industry ,classification ,system72 7bb7 is directly involved in the production of a vehicle2 and 7cc7 is not a manager1 engineer1 or involved in research and development1 or does not have a skilled trade4 7,,ii7 ,industry standard wage rate ,the term industry standard wage rate1 with respect to covered production workers1 means the median wage rate for all covered production workers1 as determined by the ,secretary of ,labor in accordance with clause 7iv74 7,,iii7 ,top earning wage rate ,the term top earning wage rate means the value of the wage rate for which #ge percent of covered production workers earn less1 as determined by the ,secretary of ,labor in accordance with clause 7iv74 7ii7 ,minimum wage rate ,notwithstanding any other requirement in this section1 the covered entity shall ensure that-- 7,i7 the average rate of pay for all covered production workers employed1 directly by a manufacturer or through a subcontractor or employment services agency1 in the performance of covered activities is not less than the industry standard wage rate for covered production workers2 and 7,,ii7 all covered production workers described in subclause 7,i7 are paid not less than the rate in effect under subparagraph 7,a74 7iii7 ,pathway to top earning wage rate ,the covered entity shall ensure that all covered production workers employed1 directly by a manufacturer or through a subcontractor or employment services agency1 in the performance of covered activities1 are covered by a policy determined in a labor organization contract or a written company policy that provides1 to the extent practicable1 a pathway for such workers to earn the top earning wage rate not later than #g years after beginning such employment4 7iv7 ,determining wages of workers in the industry ,for purposes of this subparagraph1 in determining for a year the industry standard wage rate and the top earning wage rate1 the ,secretary of ,labor shall use the ,national ,industry-,specific ,occupational ,employment and ,wage ,estimates1 for the preceding year1 for the ,motor ,vehicle ,manufacturing industry 7,code #ccfa of the ,north ,american ,industry ,classification ,system7 for the occupation of ,assemblers and ,fabricators 7,occupational ,code #ea-bjjj of the ,occupational ,employment ,statistics of the ,bureau of ,labor ,statistics74 7#b7 ,neutrality toward organized labor ,the covered entity shall have1 and ensure that all contractors and subcontractors of the covered entity with respect to the covered activities1 have-- 7,a7 an explicit policy of neutrality with regard to-- 7i7 labor organizing for the employees engaged in the covered activities2 and 7ii7 such employees' choice to form and join labor organizations2 and 7,b7 policies that require-- 7i7 the posting and maintenance of notices in the workplace to such employees of their rights under the ,national ,labor ,relations ,act 7#bi ,u4,s4,c4 #aea et seq472 and 7ii7 that such employees are1 at the beginning of their employment1 provided notice and information regarding the employees' rights under such ,act4 7#c7 ,paid family and medical leave ,the covered entity shall have1 and ensure that all contractors and subcontractors of the covered entity with respect to the covered activities have1 an explicit policy providing all employees engaged in the covered activities not less than #ab workweeks of paid leave in a #ab-month period for any purpose described in section #ajb7;a77#a7 of the ,family and ,medical ,leave ,act of #aiic 7#bi ,u4,s4,c4 #bfab7;a77#a771 in accordance with regulations promulgated by the ,secretary of ,labor4 7#d7 ,fair scheduling 7,a7 ,in general ,the covered entity shall have1 and ensure that all contractors and subcontractors of the covered entity with respect to the covered activities have1 an explicit policy for fair scheduling for employees engaged in the covered activities1 which shall include-- 7i7 an opportunity for the employee to request-- 7,i7 an adjustment in the number of hours1 work location1 or times of the employee's work schedule2 7,,ii7 a change in the amount of notification provided to the employee regarding the work schedule2 or 7,,iii7 the minimizing of fluctuations in the number of hours the employee is scheduled to work on a daily1 weekly1 or monthly basis2 and 7ii7 a timely1 good faith interactive process through which the covered entity1 or contractor or subcontractor1 and employee discuss the employee's request under clause 7i7 and the covered entity1 or contractor or subcontractor1 grants the request or suggests any alternatives that might meet the employee's needs4 7,b7 ,exception ,subparagraph 7,a7 shall not apply to any employee covered by a valid collective bargaining agreement if-- 7i7 the terms of the collective bargaining agreement include terms that govern work scheduling practices2 and 7ii7 the provisions of this paragraph are expressly waived in such collective bargaining agreement4 7#e7 ,preference for local hiring ,the covered entity shall have1 and ensure that all contractors and subcontractors with respect to the covered activities have1 explicit policies that provide a preference for local hiring for individuals engaged in the covered activities1 consistent with applicable ,federal law and subject to rules issued by the ,secretary of ,labor4 7#f7 ,employee classification ,the covered entity shall consider1 and ensure that all contractors and subcontractors of the covered entity with respect to the covered activities consider1 an individual performing any service for remuneration for the covered entity1 or contractor or subcontractor1 in the performance of the covered activities as an employee 7and not an independent contractor7 of the covered entity1 or contractor or subcontractor1 unless-- 7,a7 the individual is free from control and direction in connection with the performance of the service1 both under the contract for the performance of the service and in fact2 7,b7 the service is performed outside the usual course of the business of the covered entity or the contractor or subcontractor2 and 7,c7 the individual is customarily engaged in an independently established trade1 occupation1 profession1 or business of the same nature as that involved in such service4 #g4 ,green ,procurement ,oversight ,advisory ,board 7a7 ,in general ,there is established a ,green ,procurement ,oversight ,advisory ,board within the ,department of ,energy4 7b7 ,coordination ,the ,oversight ,advisory ,board shall carry out its activities in coordination with the ,office of ,federal ,sustainability and the ,office of ,management and ,budget4 7c7 ,membership ,the members of the ,oversight ,advisory ,board shall-- 7#a7 be appointed by the ,secretary of ,energy2 and 7#b7 consist of-- 7,a7 experts on procurement and clean energy1 including scientists1 from ,federal and ,state agencies2 7,b7 #a or more representatives from-- 7i7 each of-- 7,i7 the ,office of ,science and ,technology ,policy2 7,,ii7 the ,general ,services ,administration2 and 7,,iii7 the ,council on ,environmental ,quality2 7ii7 environmental justice organizations2 and 7iii7 unionized labor groups2 and 7,c7 chief financial officers of private companies4 7d7 ,functions ,the ,oversight ,advisory ,board shall-- 7#a7 oversee the procurement of covered products by ,federal agencies pursuant to this ,act1 including to ensure that procurement of those products is carried out-- 7,a7 efficiently and in accordance with relevant contracting and labor laws1 including open competition requirements2 7,b7 in compliance with relevant conflict of interest requirements2 7,c7 in a manner that-- 7i7 promotes open competition2 and 7ii7 prevents frauds2 and 7,d7 by ,federal agency personnel sufficiently trained to ensure responsible procurement practices pursuant to this ,act and the goals of this ,act2 7#b7 offer recommendations relating to the selection of recipients of grants under the grant programs established under this ,act1 with the goal of ensuring that grant recipients will use the grant funds-- 7,a7 efficiently and in accordance with relevant contracting and labor laws1 including open competition requirements2 7,b7 in compliance with relevant conflict of interest requirements2 7,c7 in a manner that-- 7i7 promotes open competition2 and 7ii7 prevents frauds2 and 7,d7 by personnel sufficiently trained to ensure responsible procurement practices pursuant to this ,act and the goals of this ,act2 and 7#c7 submit an annual report to the ,comptroller ,general of the ,united ,states1 ,congress1 and the ,president describing-- 7,a7 the procurement of covered products by ,federal agencies pursuant to this ,act2 and 7,b7 the recommendations made by the ,oversight ,advisory ,board under paragraph 7#b74 7e7 ,authorities ,the ,oversight ,advisory ,board-- 7#a7 shall have the authority to issue subpoenas2 and 7#b7 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 authority4 7f7 ,treatment as advisory committee ,the ,oversight ,advisory ,board is an advisory committee 7as defined in section #c of the ,federal ,advisory ,committee ,act 7#e ,u4,s4,c4 ,app4774 #h4 ,oversight by ,comptroller ,general ,the ,comptroller ,general of the ,united ,states shall-- 7#a7 conduct oversight of the funds appropriated under this ,act to ensure transparency and compliance with all applicable requirements2 and 7#b7 shall make publicly available an annual report that-- 7,a7 evaluates the efficacy of the programs established under this ,act2 and 7,b7 makes recommendations for any improvements to those programs4