(4) ELIGIBILITY REQUIREMENTS.—To be eligi-
ble to receive a subgrant under paragraph (1), a 
small- or medium-sized manufacturer shall be a pri-
vate, nongovernmental entity. 
(5) 
ENERGY
MANAGEMENT
PLANS.—Each 
small- or medium-sized manufacturer receiving a 
subgrant under paragraph (1), in consultation with 
the program manager and, if appropriate, one or 
more licensed engineers, shall establish an energy 
management plan for the small- or medium-sized 
manufacturer to carry out the project. 
(6) EFFECT ON TITLE TO PROPERTY.—The re-
ceipt of Federal funds under this subsection shall 
not prohibit an entity that purchased equipment or 
other property using those funds from owning sole, 
permanent title to the equipment or other property. 
(d) CONTRACTORS.— 
(1) IN
GENERAL.—Program managers and 
small- or medium-sized manufacturers may hire, if 
necessary, contractors to perform work relating to 
the installation, repair, or maintenance of equipment 
used under a project. 
(2) LABOR REQUIREMENTS.—In an application 
for a grant or subgrant under this section, a pro-
gram manager or a small- or medium-sized manu-
VerDate Sep 11 2014 
23:06 Jun 04, 2021
Jkt 019200
PO 00000
Frm 00009
Fmt 6652
Sfmt 6201
E:\BILLS\H2763.IH
H2763
kjohnson on DSK79L0C42PROD with BILLS
facturer, respectively, may commit to hiring contrac-
tors that represent to the best of the knowledge and 
belief of the contractor, whether, during the 3-year 
period preceding the date of application, any admin-
istrative merits determination, arbitral award or de-
cision, or civil judgment (as defined in guidance 
issued by the Secretary of Labor) was rendered 
against the contractor for violations of— 
(A) the National Labor Relations Act (29 
U.S.C. 151 et seq.); 
(B) the Fair Labor Standards Act of 1938 
(29 U.S.C. 201 et seq.); 
(C) the Age Discrimination in Employment 
Act of 1967 (29 U.S.C. 621 et seq.); 
(D) the Occupational Safety and Health 
Act of 1970 (29 U.S.C. 651 et seq.); 
(E) the Migrant and Seasonal Agricultural 
Worker Protection Act (29 U.S.C. 1801 et 
seq.); 
(F) the Family and Medical Leave Act of 
1993 (29 U.S.C. 2611 et seq.); 
(G) subchapter IV of chapter 31 of part A 
of subtitle II of title 40, United States Code 
(commonly referred to as the ‘‘Davis-Bacon 
Act’’); 
VerDate Sep 11 2014 
23:06 Jun 04, 2021
Jkt 019200
PO 00000
Frm 00010
Fmt 6652
Sfmt 6201
E:\BILLS\H2763.IH
H2763
kjohnson on DSK79L0C42PROD with BILLS
(H) chapter 67 of title 41, United States 
Code; 
(I) title VII of the Civil Rights Act of 1964 
(42 U.S.C. 2000e et seq.); 
(J) the Americans with Disabilities Act of 
1990 (42 U.S.C. 12101 et seq.); 
(K) Executive Order 11246 (42 U.S.C. 
2000e note) (relating to equal employment op-
portunity); 
(L) Executive Order 13658 (79 Fed. Reg. 
9851 (February 20, 2014)) (relating to estab-
lishing a minimum wage for contractors); or 
(M) equivalent State laws. 
(3) ADDITIONAL
LABOR
REQUIREMENTS.—A 
program manager or small- or medium-sized manu-
facturer receiving a grant or subgrant, respectively, 
under this section that has committed to complying 
with the labor requirements described in paragraph 
(2)— 
(A) shall provide each contractor an oppor-
tunity to disclose any steps taken to correct a 
violation of, or improve compliance with, a law 
or Executive order described in any of subpara-
graphs (A) through (M) of paragraph (2), in-
VerDate Sep 11 2014 
23:06 Jun 04, 2021
Jkt 019200
PO 00000
Frm 00011
Fmt 6652
Sfmt 6201
E:\BILLS\H2763.IH
H2763
kjohnson on DSK79L0C42PROD with BILLS
cluding any agreements entered into with an 
enforcement agency; 
(B) shall give preference to contractors 
that have the fewest number of violations (par-
ticularly serious, repeated, willful, or pervasive 
violations) of the laws and Executive orders de-
scribed in subparagraphs (A) through (M) of 
paragraph (2); and 
(C) shall not hire contractors that fail to 
take steps to correct violations of, or improve 
compliance with, a law or Executive order de-
scribed in any of subparagraphs (A) through 
(M) of paragraph (2). 
(e) AMERICAN IRON, STEEL, AND MANUFACTURED 
PRODUCTS.— 
(1) DEFINITIONS.—In this subsection: 
(A) IRON
OR
STEEL
MANUFACTURED 
PRODUCT.—The term ‘‘iron or steel manufac-
tured product’’ includes any construction mate-
rial or end product (as those terms are defined 
in subpart 25.003 of the Federal Acquisition 
Regulation) that does not otherwise qualify as 
an iron or steel product, including— 
(i) an electrical component; 
VerDate Sep 11 2014 
23:06 Jun 04, 2021
Jkt 019200
PO 00000
Frm 00012
Fmt 6652
Sfmt 6201
E:\BILLS\H2763.IH
H2763
kjohnson on DSK79L0C42PROD with BILLS
(ii) a non-ferrous building material, 
including— 
(I) aluminum and polyvinyl chlo-
ride; 
(II) glass; 
(III) fiber optics; 
(IV) plastic; 
(V) wood; 
(VI) masonry; 
(VII) rubber; 
(VIII) manufactured stone; and 
(IX) any other non-ferrous build-
ing materials; and 
(iii) any unmanufactured construction 
material. 
(B) PRODUCED IN THE UNITED STATES.— 
(i) IN
GENERAL.—The term ‘‘pro-
duced in the United States’’— 
(I) with respect to an iron or 
steel product or an iron or steel man-
ufactured product, means that all 
manufacturing processes for, and ma-
terials and components of, the iron or 
steel product or iron or steel manufac-
tured product, from the initial melting 
VerDate Sep 11 2014 
23:06 Jun 04, 2021
Jkt 019200
PO 00000
Frm 00013
Fmt 6652
Sfmt 6201
E:\BILLS\H2763.IH
H2763
kjohnson on DSK79L0C42PROD with BILLS