I 

118TH CONGRESS 

2D SESSION H. R. 10428 

To support and fund the Federal procurement of clean energy products, 

and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

DECEMBER 16, 2024 

Mr. HUFFMAN introduced the following bill; which was referred to the Committee on Energy and Commerce, and in addition to the Committees on 

Oversight and Accountability, 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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Buy Green Act of 

5 2024’’. 

6 SEC. 2. DEFINITIONS. 

7 In this Act: 


ssavage on LAPJG3WLY3PROD with BILLS
2 

•HR 10428 IH

1 (1) APPROPRIATE COMMITTEES OF CON2 GRESS.—The term ‘‘appropriate committees of Con3 gress’’ means— 

4 (A) the Committee on Commerce, Science, 

5 and Transportation of the Senate; 

6 (B) the Committee on Environment and 

7 Public Works of the Senate; 

8 (C) the Committee on Transportation and 

9 Infrastructure of the House of Representatives; 

10 and 

11 (D) the Committee on Energy and Com12 merce of the House of Representatives. 

13 (2) CLEAN POWER.—The term ‘‘clean power’’ 

14 means power derived from a renewable energy 

15 source. 

16 (3) COVERED PRODUCT.— 

17 (A) IN GENERAL.—The term ‘‘covered 

18 product’’ means— 

19 (i) energy— 

20 (I) used to power a facility; and 

21 (II) the production of which 

22 comes from a renewable energy 

23 source; and 

24 (ii) a product that— 


ssavage on LAPJG3WLY3PROD with BILLS
3 

•HR 10428 IH

1 (I) is produced or manufac2 tured— 

3 (aa) in the United States 

4 (including the territories of the 

5 United States); 

6 (bb) in accordance with all 

7 relevant energy efficiency, envi8 ronmental preference, and safety 

9 designations; and 

10 (cc) by an entity that com11 plies with the labor requirements 

12 under section 6; and 

13 (II) reduces energy usage during 

14 the lifecycle of the product by— 

15 (aa) minimizing energy, 

16 water, or material resources asso17 ciated with the product; 

18 (bb) increasing opportunities 

19 for reuse and recycling due to the 

20 durability or repairability of the 

21 product; and 

22 (cc) improving environ23 mental and human health im24 pacts, including by encouraging a 

25 shift away from more energy-inVerDate Sep 11 2014 00:45 Jan 22, 2025 Jkt 059200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H10428.IH H10428

ssavage on LAPJG3WLY3PROD with BILLS
4 

•HR 10428 IH

1 tensive or resource-extraction-in2 tensive products. 

3 (B) INCLUSIONS.—The term ‘‘covered 

4 product’’ includes a product described in sub5 paragraph (A)(ii) that— 

6 (i) is a nonmotorized alternative mode 

7 of transportation; 

8 (ii) is a zero-emission vehicle; 

9 (iii) is a zero-emission form of public 

10 transportation, including high-speed rail; 

11 (iv) is a product or low-carbon mate12 rial used to design, construct, or retrofit 

13 buildings, including a product bearing the 

14 Green Seal certification; 

15 (v) improves the energy efficiency 

16 measures of facilities to make facilities en17 vironmentally responsible; 

18 (vi) is a product used to maintain or 

19 clean buildings; 

20 (vii) is an appliance certified under 

21 the Energy Star program established 

22 under section 324A of the Energy Policy 

23 and Conservation Act (42 U.S.C. 6294a); 


ssavage on LAPJG3WLY3PROD with BILLS
5 

•HR 10428 IH

1 (viii) is an electronics product bearing 

2 the Electronic Product Environmental As3 sessment Tool certification; or 

4 (ix) is an energy storage technology. 

5 (4) COVERED SMALL BUSINESS.—The term 

6 ‘‘covered small business’’ means— 

7 (A) a small business concern owned and 

8 controlled by socially and economically dis9 advantaged individuals (as defined in section 

10 8(d)(3)(C) of the Small Business Act (15 

11 U.S.C. 637(d)(3)(C))); 

12 (B) a small business concern owned and 

13 controlled by women (as defined in section 3 of 

14 that Act (15 U.S.C. 632)); and 

15 (C) a small business concern owned and 

16 controlled by veterans (as defined in section 3 

17 of that Act (15 U.S.C. 632)). 

18 (5) ELIGIBLE MATERIAL.—The term ‘‘eligible 

19 material’’ means a material for which the Secretary 

20 establishes a maximum global warming potential 

21 under section 4(b). 

22 (6) ENVIRONMENTALLY RESPONSIBLE.—The 

23 term ‘‘environmentally responsible’’, with respect to 

24 a facility or manufacturing capability, means that— 


ssavage on LAPJG3WLY3PROD with BILLS
6 

•HR 10428 IH

1 (A) the facility or manufacturing capability 

2 is in compliance with, or carried out in accord3 ance with, as applicable, all relevant energy effi4 ciency, environmental preference, and safety 

5 designations; and 

6 (B) in the case of a facility, the facility is 

7 built or retrofitted with materials that minimize 

8 the use of— 

9 (i) energy; 

10 (ii) water; 

11 (iii) waste; and 

12 (iv) material resources that produce 

13 pollutants or toxins, as determined by the 

14 Secretary. 

15 (7) FEDERAL BUILDING.—The term ‘‘Federal 

16 building’’ has the meaning given the term in section 

17 551 of the National Energy Conservation Policy Act 

18 (42 U.S.C. 8259). 

19 (8) FRONTLINE, VULNERABLE, AND DISADVAN20 TAGED COMMUNITY.—The term ‘‘frontline, vulner21 able, and disadvantaged community’’ means a com22 munity— 

23 (A) in an area described in section 301(a) 

24 of the Public Works and Economic Develop25 ment Act of 1965 (42 U.S.C. 3161(a)); 


ssavage on LAPJG3WLY3PROD with BILLS
7 

•HR 10428 IH

1 (B) in which climate change, pollution, or 

2 environmental destruction has exacerbated sys3 temic racial, regional, social, environmental, 

4 gender, and economic injustices by dispropor5 tionately affecting Black, Brown, and Indige6 nous peoples, other communities of color, mi7 grant communities, deindustrialized commu8 nities, depopulated rural communities, the poor, 

9 low-income workers, women, the elderly, the 

10 unhoused, people with disabilities, or youth; 

11 (C) eligible for assistance under the 

12 Justice40 Initiative described in section 223 of 

13 Executive Order 14008 (42 U.S.C. 4321 note; 

14 relating to tackling the climate crisis at home 

15 and abroad); or 

16 (D) located in a census tract that has a 

17 high energy burden. 

18 (9) FUND.—The term ‘‘Fund’’ means the Clean 

19 Energy Fund established under section 3(a). 

20 (10) GLOBAL WARMING POTENTIAL.—The term 

21 ‘‘global warming potential’’, with respect to an eligi22 ble material, means a measure that indicates how 

23 much energy the emissions of 1 ton of gases associ24 ated with the life cycle of that eligible material, in25 cluding the manufacture, use, and disposal of that 


ssavage on LAPJG3WLY3PROD with BILLS
8 

•HR 10428 IH

1 eligible material, will absorb, on average, over a 

2 given period of time, relative to the emissions of 1 

3 ton of carbon dioxide. 

4 (11) OVERSIGHT ADVISORY BOARD.—The term 

5 ‘‘Oversight Advisory Board’’ means the Green Pro6 curement Oversight Advisory Board established 

7 under section 7. 

8 (12) RENEWABLE ENERGY SOURCE.—The term 

9 ‘‘renewable energy source’’ means energy generated 

10 from a renewable source, including the following re11 newable energy sources: 

12 (A) Solar, including electricity. 

13 (B) Wind. 

14 (C) Ocean, including tidal, wave, current, 

15 and thermal. 

16 (D) Geothermal, including electricity and 

17 heat pumps. 

18 (E) Hydroelectric generation capacity 

19 achieved from increased efficiency or additions 

20 of new capacity at an existing hydroelectric 

21 project that was placed in service on or after 

22 January 1, 1999. 

23 (F) Hydrogen derived from a renewable 

24 source of energy. 


ssavage on LAPJG3WLY3PROD with BILLS
9 

•HR 10428 IH

1 (G) Thermal energy generated by any of 

2 the sources described in subparagraphs (A) 

3 through (F). 

4 (13) SECRETARY.—The term ‘‘Secretary’’ 

5 means the Secretary of Energy. 

6 (14) SMALL BUSINESS.—The term ‘‘small busi7 ness’’ has the meaning given the term ‘‘small busi8 ness concern’’ in section 3 of the Small Business Act 

9 (15 U.S.C. 632). 

10 SEC. 3. ESTABLISHMENT OF CLEAN ENERGY FUND. 

11 (a) IN GENERAL.—Not later than January 1, 2026, 

12 the Secretary shall establish a fund in the Department of 

13 Energy, to be known as the ‘‘Clean Energy Fund’’. 

14 (b) USE OF FUND.— 

15 (1) IN GENERAL.—The Secretary shall— 

16 (A) use amounts in the Fund— 

17 (i) to purchase covered products for 

18 use by the Secretary, including covered 

19 products relating to information technology 

20 and general supplies and services, in ac21 cordance with subsection (g) and section 5; 

22 (ii) to establish and carry out the 

23 grant programs under subsections (c) and 

24 (d); and 


ssavage on LAPJG3WLY3PROD with BILLS
10 

•HR 10428 IH

1 (iii) to carry out the Federal building 

2 activities described in subsection (e); and 

3 (B) transfer amounts from the Fund— 

4 (i) to 1 or more Federal agencies (ex5 cluding the Department of Defense)— 

6 (I) to purchase covered products 

7 for use by the Federal agency, in ac8 cordance with subsection (g) and sec9 tion 5; and 

10 (II) to carry out the Federal 

11 building activities described in sub12 section (e); and 

13 (ii) to the Administrator of General 

14 Services to carry out subsection (f). 

15 (2) PURCHASES FROM SMALL BUSINESSES.—Of 

16 the amounts from the Fund made available to a 

17 Federal agency in a fiscal year, the head of the Fed18 eral agency shall ensure that not less than 20 per19 cent is used to purchase covered products from small 

20 businesses and covered small businesses. 

21 (c) STATE, TRIBAL, AND LOCAL GOVERNMENT

22 GRANT PROGRAM.— 

23 (1) IN GENERAL.—Not later than January 1, 

24 2026, the Secretary, in coordination with the Sec25 retary of the Treasury, shall establish a green proVerDate Sep 11 2014 00:45 Jan 22, 2025 Jkt 059200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\H10428.IH H10428

ssavage on LAPJG3WLY3PROD with BILLS
11 

•HR 10428 IH

1 curement grant program under which the Secretary 

2 shall provide grants on a competitive basis to States, 

3 Indian Tribes, and units of local government to pur4 chase covered products for use by the State, Indian 

5 Tribe, or unit of local government, as applicable, in 

6 accordance with subsection (g), section 5, and the 

7 labor requirements under section 6. 

8 (2) SELECTION OF GRANT RECIPIENTS.—The 

9 Secretary shall— 

10 (A) share with the Oversight Advisory 

11 Board applications received under the grant 

12 program established under paragraph (1); and 

13 (B) in coordination with the Secretary of 

14 the Treasury, select grant recipients under that 

15 program after receiving the recommendations of 

16 the Oversight Advisory Board relating to grant 

17 recipients. 

18 (3) DISTRIBUTION OF GRANTS.—Of the 

19 amounts available in the Fund in a fiscal year to 

20 carry out the program under paragraph (1), the Sec21 retary shall ensure that— 

22 (A) not less than 60 percent, but not more 

23 than 65 percent, of the amount of a grant 

24 awarded to a State, Indian Tribe, or unit of 

25 local government shall be used to purchase covVerDate Sep 11 2014 00:45 Jan 22, 2025 Jkt 059200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\H10428.IH H10428

ssavage on LAPJG3WLY3PROD with BILLS
12 

•HR 10428 IH

1 ered products for use in urban areas located in 

2 or under the jurisdiction of the State, Indian 

3 Tribe, or unit of local government, as applica4 ble; 

5 (B) not less than 40 percent of the amount 

6 of a grant awarded to a State, Indian Tribe, or 

7 unit of local government shall be used to pur8 chase covered products for use in frontline, vul9 nerable, and disadvantaged communities located 

10 in or under the jurisdiction of the State, Indian 

11 Tribe, or unit of local government, as applica12 ble; and 

13 (C) not less than 20 percent of the amount 

14 of a grant awarded to a State, Indian Tribe, or 

15 unit of local government shall be used to pur16 chase covered products from small businesses 

17 and covered small businesses. 

18 (4) PRIORITY FOR SCHOOL BUS ELECTRIFICA19 TION.—In providing grants under paragraph (1), the 

20 Secretary shall give priority to States, Indian Tribes, 

21 and units of local government that will use the grant 

22 for the electrification of school buses in frontline, 

23 vulnerable, and disadvantaged communities and sub24 sequently in all other communities located in or 


ssavage on LAPJG3WLY3PROD with BILLS
13 

•HR 10428 IH

1 under the jurisdiction of the State, Indian Tribe, or 

2 unit of local government, as applicable. 

3 (5) DURATION OF GRANT.—Funds provided 

4 under a grant under paragraph (1) shall be available 

5 to the State, Indian Tribe, or unit of local govern6 ment receiving the grant for not less than 3 years 

7 after the date on which the funds are provided. 

8 (d) INDUSTRY GRANTS.— 

9 (1) DEFINITIONS.—In this subsection: 

10 (A) ELIGIBLE ENTITY.— 

11 (i) IN GENERAL.—The term ‘‘eligible 

12 entity’’ means a company that— 

13 (I) is organized under the laws of 

14 the United States or any jurisdiction 

15 within the United States; or 

16 (II) is otherwise subject to the 

17 jurisdiction of the United States. 

18 (ii) EXCLUSION.—The term ‘‘eligible 

19 entity’’ does not include a foreign branch 

20 of a company described in clause (i). 

21 (B) GREENHOUSE GAS EMISSIONS.—The 

22 term ‘‘greenhouse gas emissions’’ means emis23 sions of any of the following gases: 

24 (i) Carbon dioxide. 

25 (ii) Methane. 


ssavage on LAPJG3WLY3PROD with BILLS
14 

•HR 10428 IH

1 (iii) Nitrous oxide. 

2 (iv) Hydrofluorocarbons. 

3 (v) Perfluorocarbons. 

4 (vi) Sulfur hexafluoride. 

5 (vii) Nitrogen trifluoride. 

6 (2) ESTABLISHMENT.—Not later than January 

7 1, 2026, the Secretary shall establish a program 

8 under which the Secretary shall provide grants, on 

9 a competitive basis, to eligible entities— 

10 (A) to retrofit or otherwise upgrade facili11 ties that produce covered products, including to 

12 make those facilities environmentally respon13 sible; and 

14 (B) for the development of environmentally 

15 responsible manufacturing capabilities to bol16 ster the production of covered products, includ17 ing by— 

18 (i) constructing new environmentally 

19 responsible facilities in the United States 

20 for the production of covered products; and 

21 (ii) retrofitting or otherwise upgrading 

22 existing facilities in the United States— 

23 (I) to produce covered products; 

24 and 


ssavage on LAPJG3WLY3PROD with BILLS
15 

•HR 10428 IH

1 (II) to make those facilities envi2 ronmentally responsible. 

3 (3) SELECTION OF GRANT RECIPIENTS.—In 

4 providing grants under paragraph (2), the Secretary 

5 shall— 

6 (A) share grant applications with the Over7 sight Advisory Board; 

8 (B) select grant recipients after receiving 

9 the recommendations of the Oversight Advisory 

10 Board relating to grant recipients; 

11 (C) consider— 

12 (i) any labor, health or safety, or dis13 crimination charges filed against the eligi14 ble entity in the preceding 2 years; 

15 (ii) any violations of the National 

16 Labor Relations Act (29 U.S.C. 151 et 

17 seq.) reported to the National Labor Rela18 tions Board in the preceding 2 years; 

19 (iii) as applicable, whether wages and 

20 benefits for auto workers are not less than 

21 the industry standards for wages and bene22 fits for auto workers who are represented 

23 by a labor organization; 

24 (iv) whether jobs created for purposes 

25 of activities supported through the grant 


ssavage on LAPJG3WLY3PROD with BILLS
16 

•HR 10428 IH

1 will be permanent positions, rather than 

2 temporary or contingent positions; 

3 (v) whether training required under 

4 the Occupational Safety and Health Act of 

5 1970 (29 U.S.C. 651 et seq.) will be pro6 vided for employees, including any safety 

7 supervisors; 

8 (vi) the policy of the eligible entity 

9 with respect to coverage of workers’ com10 pensation; and 

11 (vii) whether the work sites that will 

12 be used for activities supported through 

13 the grant have independent health and 

14 safety monitoring policies; and 

15 (D) prioritize applications that specify that 

16 the eligible entity— 

17 (i) participates or will participate in a 

18 registered apprenticeship program; or 

19 (ii) prioritizes the employment of indi20 viduals trained and certified by labor orga21 nizations, or joint labor-management orga22 nizations, that promote a skilled workforce 

23 with high standards for quality and safety. 

24 (4) REQUIREMENT.—An eligible entity receiving 

25 a grant under paragraph (2) shall comply with the 


ssavage on LAPJG3WLY3PROD with BILLS
17 

•HR 10428 IH

1 labor requirements under section 6 with respect to 

2 the activities carried out using, or otherwise sup3 ported by, the grant. 

4 (5) SUBMISSION OF ENVIRONMENTAL PRODUCT

5 DECLARATION.—The Secretary shall require each el6 igible entity to which the Secretary awards a grant 

7 under paragraph (2) to submit to the Secretary, for 

8 each eligible material proposed to be used in the ap9 plicable project— 

10 (A) a current, facility-specific, Type III en11 vironmental product declaration (as defined by 

12 the International Organization for Standardiza13 tion standard 14025); or 

14 (B) a declaration made under a similarly 

15 robust life cycle assessment method that has— 

16 (i) uniform standards in data collec17 tion consistent with that standard; 

18 (ii) industry acceptance; and 

19 (iii) integrity. 

20 (6) CERTIFICATIONS.—The Secretary shall re21 quire that any application for a grant under para22 graph (2) shall include a certification that the facil23 ity-specific global warming potential for any eligible 

24 material proposed to be used in that project does not 

25 exceed the maximum acceptable global warming poVerDate Sep 11 2014 00:45 Jan 22, 2025 Jkt 059200 PO 00000 Frm 00017 Fmt 6652 Sfmt 6201 E:\BILLS\H10428.IH H10428

ssavage on LAPJG3WLY3PROD with BILLS
18 

•HR 10428 IH

1 tential established under paragraph (1) of section 

2 4(b) (as adjusted under paragraph (2)(A)(ii) of that 

3 section, if applicable) for that eligible material. 

4 (7) GOAL.—In carrying out this subsection, the 

5 Secretary shall strive to achieve a continuous reduc6 tion of greenhouse gas emissions over time. 

7 (8) PURCHASES FROM SMALL BUSINESSES.—Of 

8 the amounts made available under subsection (j) in 

9 a fiscal year to carry out the grant program estab10 lished under paragraph (2), the Secretary shall en11 sure that not less than 20 percent is used to provide 

12 grants under that program to eligible entities that 

13 are small businesses or covered small businesses. 

14 (9) REPORT ON IMPLEMENTATION AND EFFEC15 TIVENESS.—Not later than January 1, 2026, the 

16 Secretary shall submit to the appropriate committees 

17 of Congress and the Oversight Advisory Board a re18 port describing— 

19 (A) any obstacles to the implementation of 

20 the grant program established under this sub21 section; 

22 (B) the effectiveness of the grant program 

23 in reducing— 

24 (i) greenhouse gas emissions; and 


ssavage on LAPJG3WLY3PROD with BILLS
19 

•HR 10428 IH

1 (ii) the global warming potential for 

2 eligible materials; and 

3 (C) the effectiveness of the grant program 

4 in— 

5 (i) creating and maintaining jobs in 

6 the United States that comply with the 

7 labor requirements under section 6; and 

8 (ii) protecting the rights of workers in 

9 the United States, including the right of 

10 certain workers to organize and bargain 

11 collectively. 

12 (e) FEDERAL BUILDING ACTIVITIES.—The Federal 

13 building activities referred to in subsection (b) are, with 

14 respect to a Federal agency, activities— 

15 (1) to construct new, modern Federal buildings 

16 of that Federal agency, including new hospitals, 

17 medical centers, and clinics in the case of the De18 partment of Veterans Affairs, that are sustainable 

19 and resilient, including through the purchase of low20 carbon materials for that construction; and 

21 (2) to modernize, and improve the sustainability 

22 and resilience of, Federal buildings of that Federal 

23 agency, including hospitals, medical centers, and 

24 clinics in the case of the Department of Veterans Af25 fairs, including through— 


ssavage on LAPJG3WLY3PROD with BILLS
20 

•HR 10428 IH

1 (A) the purchase of low-carbon materials 

2 for retrofitting, remodeling, or otherwise im3 proving Federal buildings; and 

4 (B) the purchase of clean power for Fed5 eral buildings. 

6 (f) REPLACEMENT OF FEDERAL FLEET.—Using 

7 amounts from the Fund, the Administrator of General 

8 Services shall purchase zero-emission vehicles to replace 

9 the existing Federal fleet (as defined by the term ‘‘fleet’’ 

10 in section 301 of the Energy Policy Act of 1992 (42 

11 U.S.C. 13211)) so that by the end of fiscal year 2033 the 

12 entire Federal fleet consists of zero-emission vehicles. 

13 (g) PRIORITY FOR PURCHASING COVERED PROD14 UCTS.—A Federal agency, State, Indian Tribe, or unit of 

15 local government purchasing covered products pursuant to 

16 this section shall give priority to purchasing covered prod17 ucts that— 

18 (1) are made from renewable and recycled re19 sources (including biobased products); 

20 (2) have lower lifecycle emissions than com21 parable products; and 

22 (3) are designed for— 

23 (A) reducing environmental impacts; and 

24 (B) recycling. 

25 (h) BUY AMERICAN.— 


ssavage on LAPJG3WLY3PROD with BILLS
21 

•HR 10428 IH

1 (1) IN GENERAL.—Chapter 83 of title 41, 

2 United States Code, shall apply with respect to pur3 chases of covered products made pursuant to this 

4 section— 

5 (A) by a Federal agency; and 

6 (B) in the case of purchases by a non-Fed7 eral entity, in the same manner in which that 

8 chapter applies to the Federal Government. 

9 (2) EXCEPTIONS AND WAIVERS.—The Secretary 

10 shall, to the maximum extent practicable, minimize 

11 the number of exceptions and waivers granted under 

12 chapter 83 of title 41, United States Code, with re13 spect to purchases of covered products made pursu14 ant to this section. 

15 (i) REPORT.—Not less frequently than once each fis16 cal year, the Secretary shall submit to the appropriate 

17 committees of Congress and the Oversight Advisory Board 

18 a report that— 

19 (1) describes the activities carried out using 

20 amounts in the Fund, including data on the clean 

21 power purchased under subsection (e)(2)(B); 

22 (2) includes data on the covered products pur23 chased pursuant to those activities; and 

24 (3) includes data on compliance with subsection 

25 (h). 


ssavage on LAPJG3WLY3PROD with BILLS
22 

•HR 10428 IH

1 (j) AUTHORIZATION OF APPROPRIATIONS.—There is 

2 authorized to be appropriated to the Fund 

3 $1,500,000,000,000 for the period of fiscal years 2026 

4 through 2035, to remain available until January 1, 2045, 

5 of which not less than— 

6 (1) $750,000,000,000 shall be used to carry out 

7 the grant program established under subsection (c); 

8 and 

9 (2) $250,000,000,000 shall be used to carry out 

10 the grant program established under subsection (d). 

11 SEC. 4. PROCUREMENT PRACTICES FOR THE DEPARTMENT 

12 OF ENERGY. 

13 (a) SENIOR PROCUREMENT OFFICER.—The Sec14 retary shall— 

15 (1) be designated as the senior procurement of16 ficer for the Department of Energy; and 

17 (2) coordinate with the Director of the Office of 

18 Management and Budget in carrying out procure19 ment for the Department of Energy. 

20 (b) MAXIMUM ACCEPTABLE GLOBAL WARMING PO21 TENTIAL OF ELIGIBLE MATERIALS.— 

22 (1) ESTABLISHMENT.— 

23 (A) IN GENERAL.—Not later than January 

24 1, 2025, the Secretary shall establish, and pub25 lish in the Federal Register— 


ssavage on LAPJG3WLY3PROD with BILLS
23 

•HR 10428 IH

1 (i) an initial list of materials for 

2 which the Secretary shall establish a max3 imum acceptable global warming potential 

4 under this subsection; and 

5 (ii) the maximum acceptable global 

6 warming potential for each material identi7 fied on that list, as determined in accord8 ance with subparagraph (B). 

9 (B) REQUIREMENTS.— 

10 (i) INDUSTRY AVERAGE.— 

11 (I) IN GENERAL.—The maximum 

12 acceptable global warming potential 

13 for an eligible material under sub14 paragraph (A) shall be expressed as a 

15 number that is equal to the industry 

16 average of facility-specific global 

17 warming potential emissions for that 

18 eligible material, as determined under 

19 subclause (II). 

20 (II) DETERMINATION.—The Sec21 retary shall determine the industry 

22 average described in subclause (I) for 

23 an eligible material by consulting na24 tionally or internationally recognized 


ssavage on LAPJG3WLY3PROD with BILLS
24 

•HR 10428 IH

1 databases of environmental product 

2 declarations. 

3 (ii) CONSISTENCY WITH ENVIRON4 MENTAL PRODUCT DECLARATION.—Each 

5 maximum acceptable global warming po6 tential established under subparagraph (A) 

7 shall be established in a manner that is 

8 consistent with the requirements of an en9 vironmental product declaration. 

10 (C) REPORT.—Not later than January 1, 

11 2026, the Secretary shall submit to the appro12 priate committees of Congress and the Over13 sight Advisory Board a report that describes 

14 the method that the Secretary used to develop 

15 the maximum global warming potential for each 

16 eligible material under subparagraph (A). 

17 (2) REVIEW AND ADJUSTMENT.— 

18 (A) IN GENERAL.—Not later than January 

19 1, 2029, and every 3 years thereafter through 

20 2045, the Secretary— 

21 (i) shall review the maximum accept22 able global warming potential established 

23 under paragraph (1) for each eligible mate24 rial; and 


ssavage on LAPJG3WLY3PROD with BILLS
25 

•HR 10428 IH

1 (ii) may adjust that maximum accept2 able global warming potential for an eligi3 ble material downward to reflect industry 

4 improvements if the Secretary, based on 

5 the process described in paragraph 

6 (1)(B)(i)(II), determines that the industry 

7 average has changed. 

8 (B) PUBLICATION.—If the Secretary ad9 justs the maximum acceptable global warming 

10 potential of an eligible material downward 

11 under subparagraph (A)(ii), the Secretary shall 

12 publish the updated maximum global warming 

13 potential in the Federal Register. 

14 (C) PROHIBITION.—After establishing the 

15 maximum acceptable global warming potential 

16 for an eligible material under paragraph (1), 

17 the Secretary may not adjust that maximum ac18 ceptable global warming potential upward. 

19 SEC. 5. REQUIREMENTS FOR PROCUREMENT OF COVERED 

20 PRODUCTS. 

21 An entity procuring a covered product pursuant to 

22 this Act shall ensure that the procurement— 

23 (1) is conducted in compliance with all applica24 ble laws regarding fair and open competition in con25 tracting; 


ssavage on LAPJG3WLY3PROD with BILLS
26 

•HR 10428 IH

1 (2) is subject to appropriate cost controls; 

2 (3) provides for whistleblower protections for 

3 employees of contractors and subcontractors; 

4 (4) requires contractors and subcontractors to 

5 retain records pertinent to contract performance; 

6 (5) requires contractors to submit to the entity 

7 audited financial statements covering the contract 

8 performance period; and 

9 (6) is conducted in compliance with section 552 

10 of title 5, United States Code (commonly known as 

11 the ‘‘Freedom of Information Act’’) and other appli12 cable open records laws. 

13 SEC. 6. LABOR REQUIREMENTS. 

14 (a) DEFINITIONS.—In this section: 

15 (1) COVERED ACTIVITIES.—The term ‘‘covered 

16 activities’’ means— 

17 (A) with respect to a covered entity de18 scribed in subparagraph (A) of paragraph (2), 

19 activities involving producing or manufacturing 

20 a covered product; or 

21 (B) with respect to a covered entity de22 scribed in subparagraph (B) of such paragraph, 

23 activities supported by the grant described in 

24 such subparagraph. 


ssavage on LAPJG3WLY3PROD with BILLS
27 

•HR 10428 IH

1 (2) COVERED ENTITY.—The term ‘‘covered en2 tity’’ means— 

3 (A) an entity producing or manufacturing 

4 a covered product; or 

5 (B) an entity receiving a grant under this 

6 Act. 

7 (b) REQUIREMENTS.—The labor requirements under 

8 this section with respect to a covered entity are each of 

9 the following: 

10 (1) MINIMUM WAGE.— 

11 (A) IN GENERAL.—All employees employed 

12 in the performance of covered activities shall be 

13 paid at a rate of not less than— 

14 (i) $17.00 an hour, beginning on the 

15 date of enactment of this Act; and 

16 (ii) beginning on the date that is 1 

17 year after such date of enactment, and an18 nually thereafter, the amount in effect 

19 under this subparagraph for the preceding 

20 year, increased by the annual percentage 

21 increase, if any, in the median hourly wage 

22 of all employees as determined by the Bu23 reau of Labor Statistics and rounded up to 

24 the nearest multiple of $0.05 (if not other25 wise a multiple of $0.05). 


ssavage on LAPJG3WLY3PROD with BILLS
28 

•HR 10428 IH

1 (B) CALCULATION.—In calculating the an2 nual percentage increase in the median hourly 

3 wage of all employees for purposes of subpara4 graph (A)(ii), the Secretary of Labor, through 

5 the Bureau of Labor Statistics, shall— 

6 (i) compile data on the hourly wages 

7 of all employees to determine such a me8 dian hourly wage; and 

9 (ii) compare such median hourly wage 

10 for the most recent year for which data are 

11 available with the median hourly wage de12 termined for the preceding year. 

13 (C) PREVAILING WAGES FOR LABORERS

14 AND MECHANICS.— 

15 (i) IN GENERAL.—All laborers and 

16 mechanics employed by a covered entity in 

17 the performance of construction, alteration, 

18 or repair work carried out with respect to 

19 covered activities shall be paid wages at 

20 rates not less than the greater of— 

21 (I) the rates prevailing on similar 

22 construction in the locality as deter23 mined by the Secretary of Labor in 

24 accordance with subchapter IV of 


ssavage on LAPJG3WLY3PROD with BILLS
29 

•HR 10428 IH

1 chapter 31 of title 40, United States 

2 Code; or 

3 (II) the rate required under sub4 paragraph (A). 

5 (ii) AUTHORITIES.—With respect to 

6 the labor standards specified in clause 

7 (i)(I), the Secretary of Labor shall have 

8 the authority and functions set forth in 

9 Reorganization Plan Numbered 14 of 1950 

10 (64 Stat. 1267; 5 U.S.C. App.) and section 

11 3145 of title 40, United States Code. 

12 (D) REQUIREMENTS APPLICABLE TO VEHI13 CLE PRODUCTION.— 

14 (i) DEFINITIONS.—In this subpara15 graph: 

16 (I) COVERED PRODUCTION

17 WORKER.—The term ‘‘covered produc18 tion worker’’ means a worker who— 

19 (aa) is employed by an es20 tablishment in the Motor Vehicle 

21 Manufacturing industry (Code 

22 3361 of the North American In23 dustry Classification System); 

24 (bb) is directly involved in 

25 the production of a vehicle; and 


ssavage on LAPJG3WLY3PROD with BILLS
30 

•HR 10428 IH

1 (cc) is not a manager, engi2 neer, or involved in research and 

3 development, or does not have a 

4 skilled trade. 

5 (II) INDUSTRY STANDARD WAGE

6 RATE.—The term ‘‘industry standard 

7 wage rate’’, with respect to covered 

8 production workers, means the median 

9 wage rate for all covered production 

10 workers, as determined by the Sec11 retary of Labor in accordance with 

12 clause (iv). 

13 (III) TOP EARNING WAGE

14 RATE.—The term ‘‘top earning wage 

15 rate’’ means the value of the wage 

16 rate for which 75 percent of covered 

17 production workers earn less, as de18 termined by the Secretary of Labor in 

19 accordance with clause (iv). 

20 (ii) MINIMUM WAGE RATE.—Notwith21 standing any other requirement in this sec22 tion, the covered entity shall ensure that— 

23 (I) the average rate of pay for all 

24 covered production workers employed, 

25 directly by a manufacturer or through 


ssavage on LAPJG3WLY3PROD with BILLS
31 

•HR 10428 IH

1 a subcontractor or employment serv2 ices agency, in the performance of 

3 covered activities is not less than the 

4 industry standard wage rate for cov5 ered production workers; and 

6 (II) all covered production work7 ers described in subclause (I) are paid 

8 not less than the rate in effect under 

9 subparagraph (A). 

10 (iii) PATHWAY TO TOP EARNING WAGE

11 RATE.—The covered entity shall ensure 

12 that all covered production workers em13 ployed, directly by a manufacturer or 

14 through a subcontractor or employment 

15 services agency, in the performance of cov16 ered activities, are covered by a policy de17 termined in a labor organization contract 

18 or a written company policy that provides, 

19 to the extent practicable, a pathway for 

20 such workers to earn the top earning wage 

21 rate not later than 7 years after beginning 

22 such employment. 

23 (iv) DETERMINING WAGES OF WORK24 ERS IN THE INDUSTRY.—For purposes of 

25 this subparagraph, in determining for a 


ssavage on LAPJG3WLY3PROD with BILLS
32 

•HR 10428 IH

1 year the industry standard wage rate and 

2 the top earning wage rate, the Secretary of 

3 Labor shall use the National Industry-Spe4 cific Occupational Employment and Wage 

5 Estimates, for the preceding year, for the 

6 Motor Vehicle Manufacturing industry 

7 (Code 3361 of the North American Indus8 try Classification System) for the occupa9 tion of Assemblers and Fabricators (Occu10 pational Code 51–2000 of the Occupational 

11 Employment Statistics of the Bureau of 

12 Labor Statistics). 

13 (2) EMPLOYEE PROTECTIVE ARRANGEMENTS.— 

14 The covered entity shall ensure the interests of em15 ployees employed in the performance of covered ac16 tivities shall be protected under arrangements the 

17 Secretary of Labor concludes are fair and equitable 

18 in accordance with section 5333(b) of title 49, 

19 United States Code, and meet the requirements of 

20 such section. Any solicitation for a grant under this 

21 Act shall specify the arrangements. 

22 (3) NEUTRALITY TOWARD ORGANIZED

23 LABOR.—The covered entity shall have— 

24 (A) an explicit policy of neutrality with re25 gard to— 


ssavage on LAPJG3WLY3PROD with BILLS
33 

•HR 10428 IH

1 (i) labor organizing for the employees 

2 of the covered entity employed in the per3 formance of covered activities; and 

4 (ii) such employees’ choice to form 

5 and join labor organizations; and 

6 (B) policies that require— 

7 (i) the posting and maintenance of no8 tices in the workplace to such employees of 

9 their rights under the National Labor Re10 lations Act (29 U.S.C. 151 et seq.); and 

11 (ii) that such employees are, at the 

12 beginning of their employment in the per13 formance of covered activities, provided no14 tice and information regarding the employ15 ees’ rights under such Act. 

16 (4) PAID FAMILY AND MEDICAL LEAVE.—The 

17 covered entity shall have an explicit policy providing 

18 all employees employed in the performance of any 

19 covered activity not less than 12 workweeks of paid 

20 leave in a 12-month period for any purpose de21 scribed in section 102(a)(1) of the Family and Med22 ical Leave Act of 1993 (29 U.S.C. 2612(a)(1)), in 

23 accordance with regulations promulgated by the Sec24 retary of Labor. 

25 (5) FAIR SCHEDULING.— 


ssavage on LAPJG3WLY3PROD with BILLS
34 

•HR 10428 IH

1 (A) IN GENERAL.—The covered entity 

2 shall have an explicit policy for fair scheduling 

3 for employees employed in the performance of 

4 any covered activity, which shall include— 

5 (i) an opportunity for the employee to 

6 request— 

7 (I) an adjustment in the number 

8 of hours, work location, or times of 

9 the employee’s work schedule; 

10 (II) a change in the amount of 

11 notification provided to the employee 

12 regarding the work schedule; or 

13 (III) the minimizing of fluctua14 tions in the number of hours the em15 ployee is scheduled to work on a daily, 

16 weekly, or monthly basis; and 

17 (ii) a timely, good faith interactive 

18 process through which the covered entity 

19 and employee discuss the employee’s re20 quest under clause (i) and the covered en21 tity grants the request or suggests any al22 ternatives that might meet the employee’s 

23 needs. 


ssavage on LAPJG3WLY3PROD with BILLS
35 

•HR 10428 IH

1 (B) EXCEPTION.—Subparagraph (A) shall 

2 not apply to any employee covered by a valid 

3 collective bargaining agreement if— 

4 (i) the terms of the collective bar5 gaining agreement include terms that gov6 ern work scheduling practices; and 

7 (ii) the provisions of such subpara8 graph are expressly waived in such collec9 tive bargaining agreement. 

10 (6) PREFERENCES IN HIRING.—The covered en11 tity shall have explicit policies that provide— 

12 (A) a preference for local hiring for all cov13 ered activities, consistent with applicable Fed14 eral law and subject to rules issued by the Sec15 retary of Labor; and 

16 (B) a preference for the hiring of individ17 uals from frontline, vulnerable, or disadvan18 taged communities for covered activities. 

19 (7) REQUIREMENT REGARDING SUBCONTRAC20 TORS.—The covered entity shall require that each 

21 subcontractor of the covered entity for covered ac22 tivities comply with the requirements of this sub23 section with respect to all employees of the subcon24 tractor employed in the performance of the covered 

25 activities. 


ssavage on LAPJG3WLY3PROD with BILLS
36 

•HR 10428 IH

1 (c) DETERMINING EMPLOYMENT RELATIONSHIP.— 

2 For purposes of this section, an individual performing any 

3 service in the performance of covered activities for a cov4 ered entity shall be considered an employee, and not an 

5 independent contractor, of that covered entity, unless— 

6 (1) the individual is free from control and direc7 tion in connection with the performance of the serv8 ice, both under the contract for the performance of 

9 service and in fact; 

10 (2) the service is performed outside the usual 

11 course of the business of the covered entity; and 

12 (3) the individual is customarily engaged in an 

13 independently established trade, occupation, profes14 sion, or business of the same nature as that involved 

15 in the service performed. 

16 SEC. 7. GREEN PROCUREMENT OVERSIGHT ADVISORY 

17 BOARD. 

18 (a) IN GENERAL.—There is established a Green Pro19 curement Oversight Advisory Board within the Depart20 ment of Energy. 

21 (b) COORDINATION.—The Oversight Advisory Board 

22 shall carry out its activities in coordination with the Office 

23 of Federal Sustainability and the Office of Management 

24 and Budget. 


ssavage on LAPJG3WLY3PROD with BILLS
37 

•HR 10428 IH

1 (c) MEMBERSHIP.—The members of the Oversight 

2 Advisory Board shall— 

3 (1) be appointed by the Secretary of Energy; 

4 and 

5 (2) consist of— 

6 (A) experts on procurement and clean en7 ergy, including scientists, from Federal and 

8 State agencies; 

9 (B) 1 or more representatives from— 

10 (i) each of— 

11 (I) the Office of Science and 

12 Technology Policy; 

13 (II) the General Services Admin14 istration; and 

15 (III) the Council on Environ16 mental Quality; 

17 (ii) environmental justice organiza18 tions; and 

19 (iii) unionized labor groups; and 

20 (C) chief financial officers of private com21 panies. 

22 (d) FUNCTIONS.—The Oversight Advisory Board 

23 shall— 

24 (1) oversee the procurement of covered products 

25 by Federal agencies pursuant to this Act, including 


ssavage on LAPJG3WLY3PROD with BILLS
38 

•HR 10428 IH

1 to ensure that procurement of those products is car2 ried out— 

3 (A) efficiently and in accordance with rel4 evant contracting and labor laws, including 

5 open competition requirements; 

6 (B) in compliance with relevant conflict of 

7 interest requirements; 

8 (C) in a manner that— 

9 (i) promotes open competition; and 

10 (ii) prevents frauds; and 

11 (D) by Federal agency personnel suffi12 ciently trained to ensure responsible procure13 ment practices pursuant to this Act and the 

14 goals of this Act; 

15 (2) offer recommendations relating to the selec16 tion of recipients of grants under the grant pro17 grams established under this Act, with the goal of 

18 ensuring that grant recipients will use the grant 

19 funds— 

20 (A) efficiently and in accordance with rel21 evant contracting and labor laws, including 

22 open competition requirements; 

23 (B) in compliance with relevant conflict of 

24 interest requirements; 

25 (C) in a manner that— 


ssavage on LAPJG3WLY3PROD with BILLS
39 

•HR 10428 IH

1 (i) promotes open competition; and 

2 (ii) prevents frauds; and 

3 (D) by personnel sufficiently trained to en4 sure responsible procurement practices pursu5 ant to this Act and the goals of this Act; and 

6 (3) submit an annual report to the Comptroller 

7 General of the United States, Congress, and the 

8 President describing— 

9 (A) the procurement of covered products 

10 by Federal agencies pursuant to this Act; and 

11 (B) the recommendations made by the 

12 Oversight Advisory Board under paragraph (2). 

13 (e) AUTHORITIES.—The Oversight Advisory Board— 

14 (1) shall have the authority to issue subpoenas; 

15 and 

16 (2) may refer parties that engage in fraud in 

17 connection with a procurement contract entered into 

18 by a Federal agency pursuant to this Act to the ap19 propriate Federal law enforcement authority. 

20 (f) TREATMENT AS ADVISORY COMMITTEE.—The 

21 Oversight Advisory Board is an advisory committee (as de22 fined in section 1001 of title 5, United States Code). 

23 SEC. 8. OVERSIGHT BY COMPTROLLER GENERAL. 

24 The Comptroller General of the United States shall— 


ssavage on LAPJG3WLY3PROD with BILLS
40 

•HR 10428 IH

1 (1) conduct oversight of the funds appropriated 

2 under this Act to ensure transparency and compli3 ance with all applicable requirements; and 

4 (2) shall make publicly available an annual re5 port that— 

6 (A) evaluates the efficacy of the programs 

7 established under this Act; and 

8 (B) makes recommendations for any im9 provements to those programs. 

Æ 


ssavage on LAPJG3WLY3PROD with BILLS