(iii) PATHWAY TO TOP EARNING WAGE 
RATE.—The covered entity shall ensure 
that all covered production workers em-
ployed, directly by a manufacturer or 
through a subcontractor or employment 
services agency, in the performance of cov-
ered activities, are covered by a policy de-
termined 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 WORK-
ERS 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-Spe-
cific Occupational Employment and Wage 
Estimates, for the preceding year, for the 
Motor Vehicle Manufacturing industry 
(Code 3361 of the North American Indus-
try Classification System) for the occupa-
tion of Assemblers and Fabricators (Occu-
VerDate Sep 11 2014 
05:35 Jun 24, 2021
Jkt 019200
PO 00000
Frm 00031
Fmt 6652
Sfmt 6201
E:\BILLS\H3607.IH
H3607
kjohnson on DSK79L0C42PROD with BILLS
pational 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 cov-
ered entity with respect to the covered activities, 
have— 
(A) an explicit policy of neutrality with re-
gard 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 no-
tices in the workplace to such employees of 
their rights under the National Labor Re-
lations 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 em-
ployees’ rights under such Act. 
(3) PAID FAMILY AND MEDICAL LEAVE.—The 
covered entity shall have, and ensure that all con-
VerDate Sep 11 2014 
05:35 Jun 24, 2021
Jkt 019200
PO 00000
Frm 00032
Fmt 6652
Sfmt 6201
E:\BILLS\H3607.IH
H3607
kjohnson on DSK79L0C42PROD with BILLS
tractors and subcontractors of the covered entity 
with respect to the covered activities have, an ex-
plicit 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 de-
scribed in section 102(a)(1) of the Family and Med-
ical Leave Act of 1993 (29 U.S.C. 2612(a)(1)), in 
accordance with regulations promulgated by the Sec-
retary 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 re-
spect 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 
VerDate Sep 11 2014 
05:35 Jun 24, 2021
Jkt 019200
PO 00000
Frm 00033
Fmt 6652
Sfmt 6201
E:\BILLS\H3607.IH
H3607
kjohnson on DSK79L0C42PROD with BILLS
(III) the minimizing of fluctua-
tions in the number of hours the em-
ployee 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 em-
ployee discuss the employee’s request 
under clause (i) and the covered entity, or 
contractor or subcontractor, grants the re-
quest 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 bar-
gaining agreement include terms that gov-
ern work scheduling practices; and 
(ii) the provisions of this paragraph 
are expressly waived in such collective bar-
gaining agreement. 
(5) PREFERENCE
FOR
LOCAL
HIRING.—The 
covered entity shall have, and ensure that all con-
tractors and subcontractors with respect to the cov-
ered activities have, explicit policies that provide a 
VerDate Sep 11 2014 
05:35 Jun 24, 2021
Jkt 019200
PO 00000
Frm 00034
Fmt 6652
Sfmt 6201
E:\BILLS\H3607.IH
H3607
kjohnson on DSK79L0C42PROD with BILLS
preference for local hiring for individuals engaged in 
the covered activities, consistent with applicable Fed-
eral 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 per-
forming any service for remuneration for the covered 
entity, or contractor or subcontractor, in the per-
formance 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 per-
formance of the service and in fact; 
(B) the service is performed outside the 
usual course of the business of the covered enti-
ty or the contractor or subcontractor; and 
(C) the individual is customarily engaged 
in an independently established trade, occupa-
tion, profession, or business of the same nature 
as that involved in such service. 
VerDate Sep 11 2014 
05:35 Jun 24, 2021
Jkt 019200
PO 00000
Frm 00035
Fmt 6652
Sfmt 6201
E:\BILLS\H3607.IH
H3607
kjohnson on DSK79L0C42PROD with BILLS
SEC. 7. GREEN PROCUREMENT OVERSIGHT ADVISORY 
BOARD. 
(a) IN GENERAL.—There is established a Green Pro-
curement Oversight Advisory Board within the Depart-
ment 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 en-
ergy, 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 Admin-
istration; and 
(III) the Council on Environ-
mental Quality; 
VerDate Sep 11 2014 
05:35 Jun 24, 2021
Jkt 019200
PO 00000
Frm 00036
Fmt 6652
Sfmt 6201
E:\BILLS\H3607.IH
H3607
kjohnson on DSK79L0C42PROD with BILLS
(ii) environmental justice organiza-
tions; and 
(iii) unionized labor groups; and 
(C) chief financial officers of private com-
panies. 
(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 car-
ried out— 
(A) efficiently and in accordance with rel-
evant 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 suffi-
ciently trained to ensure responsible procure-
ment practices pursuant to this Act and the 
goals of this Act; 
(2) offer recommendations relating to the selec-
tion of recipients of grants under the grant pro-
VerDate Sep 11 2014 
05:35 Jun 24, 2021
Jkt 019200
PO 00000
Frm 00037
Fmt 6652
Sfmt 6201
E:\BILLS\H3607.IH
H3607
kjohnson on DSK79L0C42PROD with BILLS
grams established under this Act, with the goal of 
ensuring that grant recipients will use the grant 
funds— 
(A) efficiently and in accordance with rel-
evant 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 en-
sure responsible procurement practices pursu-
ant 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 
VerDate Sep 11 2014 
05:35 Jun 24, 2021
Jkt 019200
PO 00000
Frm 00038
Fmt 6652
Sfmt 6201
E:\BILLS\H3607.IH
H3607
kjohnson on DSK79L0C42PROD with BILLS
(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 ap-
propriate Federal law enforcement authority. 
(f) TREATMENT
AS ADVISORY COMMITTEE.—The 
Oversight Advisory Board is an advisory committee (as de-
fined 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 compli-
ance with all applicable requirements; and 
(2) shall make publicly available an annual re-
port that— 
(A) evaluates the efficacy of the programs 
established under this Act; and 
(B) makes recommendations for any im-
provements to those programs. 
Æ 
VerDate Sep 11 2014 
05:35 Jun 24, 2021
Jkt 019200
PO 00000
Frm 00039
Fmt 6652
Sfmt 6301
E:\BILLS\H3607.IH
H3607
kjohnson on DSK79L0C42PROD with BILLS