II 

118TH CONGRESS 

2D SESSION S. 5530 

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

and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

DECEMBER 12, 2024 

Ms. WARREN (for herself and Mr. SANDERS) introduced the following bill; 

which was read twice and referred to the Committee on Energy and Natural Resources 

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: 

8 (1) APPROPRIATE COMMITTEES OF CON9 GRESS.—The term ‘‘appropriate committees of Con10 gress’’ means— 


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1 (A) the Committee on Commerce, Science, 

2 and Transportation of the Senate; 

3 (B) the Committee on Environment and 

4 Public Works of the Senate; 

5 (C) the Committee on Transportation and 

6 Infrastructure of the House of Representatives; 

7 and 

8 (D) the Committee on Energy and Com9 merce of the House of Representatives. 

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

11 means power derived from a renewable energy 

12 source. 

13 (3) COVERED PRODUCT.— 

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

15 product’’ means— 

16 (i) energy— 

17 (I) used to power a facility; and 

18 (II) the production of which 

19 comes from a renewable energy 

20 source; and 

21 (ii) a product that— 

22 (I) is produced or manufac23 tured— 


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1 (aa) in the United States 

2 (including the territories of the 

3 United States); 

4 (bb) in accordance with all 

5 relevant energy efficiency, envi6 ronmental preference, and safety 

7 designations; and 

8 (cc) by an entity that com9 plies with the labor requirements 

10 under section 6; and 

11 (II) reduces energy usage during 

12 the lifecycle of the product by— 

13 (aa) minimizing energy, 

14 water, or material resources asso15 ciated with the product; 

16 (bb) increasing opportunities 

17 for reuse and recycling due to the 

18 durability or repairability of the 

19 product; and 

20 (cc) improving environ21 mental and human health im22 pacts, including by encouraging a 

23 shift away from more energy-in24 tensive or resource-extraction-in25 tensive products. 


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1 (B) INCLUSIONS.—The term ‘‘covered 

2 product’’ includes a product described in sub3 paragraph (A)(ii) that— 

4 (i) is a nonmotorized alternative mode 

5 of transportation; 

6 (ii) is a zero-emission vehicle; 

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

8 transportation, including high-speed rail; 

9 (iv) is a product or low-carbon mate10 rial used to design, construct, or retrofit 

11 buildings, including a product bearing the 

12 Green Seal certification; 

13 (v) improves the energy efficiency 

14 measures of facilities to make facilities en15 vironmentally responsible; 

16 (vi) is a product used to maintain or 

17 clean buildings; 

18 (vii) is an appliance certified under 

19 the Energy Star program established 

20 under section 324A of the Energy Policy 

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

22 (viii) is an electronics product bearing 

23 the Electronic Product Environmental As24 sessment Tool certification; or 

25 (ix) is an energy storage technology. 


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1 (4) COVERED SMALL BUSINESS.—The term 

2 ‘‘covered small business’’ means— 

3 (A) a small business concern owned and 

4 controlled by socially and economically dis5 advantaged individuals (as defined in section 

6 8(d)(3)(C) of the Small Business Act (15 

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

8 (B) a small business concern owned and 

9 controlled by women (as defined in section 3 of 

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

11 (C) a small business concern owned and 

12 controlled by veterans (as defined in section 3 

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

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

15 material’’ means a material for which the Secretary 

16 establishes a maximum global warming potential 

17 under section 4(b). 

18 (6) ENVIRONMENTALLY RESPONSIBLE.—The 

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

20 a facility or manufacturing capability, means that— 

21 (A) the facility or manufacturing capability 

22 is in compliance with, or carried out in accord23 ance with, as applicable, all relevant energy effi24 ciency, environmental preference, and safety 

25 designations; and 


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

2 built or retrofitted with materials that minimize 

3 the use of— 

4 (i) energy; 

5 (ii) water; 

6 (iii) waste; and 

7 (iv) material resources that produce 

8 pollutants or toxins, as determined by the 

9 Secretary. 

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

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

12 551 of the National Energy Conservation Policy Act 

13 (42 U.S.C. 8259). 

14 (8) FRONTLINE, VULNERABLE, AND DISADVAN15 TAGED COMMUNITY.—The term ‘‘frontline, vulner16 able, and disadvantaged community’’ means a com17 munity— 

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

19 of the Public Works and Economic Develop20 ment Act of 1965 (42 U.S.C. 3161(a)); 

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

22 environmental destruction has exacerbated sys23 temic racial, regional, social, environmental, 

24 gender, and economic injustices by dispropor25 tionately affecting Black, Brown, and IndigeVerDate Sep 11 2014 20:30 Jan 20, 2025 Jkt 059200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\S5530.IS S5530

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1 nous peoples, other communities of color, mi2 grant communities, deindustrialized commu3 nities, depopulated rural communities, the poor, 

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

5 unhoused, people with disabilities, or youth; 

6 (C) eligible for assistance under the 

7 Justice40 Initiative described in section 223 of 

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

9 relating to tackling the climate crisis at home 

10 and abroad); or 

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

12 high energy burden. 

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

14 Energy Fund established under section 3(a). 

15 (10) GLOBAL WARMING POTENTIAL.—The term 

16 ‘‘global warming potential’’, with respect to an eligi17 ble material, means a measure that indicates how 

18 much energy the emissions of 1 ton of gases associ19 ated with the life cycle of that eligible material, in20 cluding the manufacture, use, and disposal of that 

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

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

23 ton of carbon dioxide. 

24 (11) OVERSIGHT ADVISORY BOARD.—The term 

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1 curement Oversight Advisory Board established 

2 under section 7. 

3 (12) RENEWABLE ENERGY SOURCE.—The term 

4 ‘‘renewable energy source’’ means energy generated 

5 from a renewable source, including the following re6 newable energy sources: 

7 (A) Solar, including electricity. 

8 (B) Wind. 

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

10 and thermal. 

11 (D) Geothermal, including electricity and 

12 heat pumps. 

13 (E) Hydroelectric generation capacity 

14 achieved from increased efficiency or additions 

15 of new capacity at an existing hydroelectric 

16 project that was placed in service on or after 

17 January 1, 1999. 

18 (F) Hydrogen derived from a renewable 

19 source of energy. 

20 (G) Thermal energy generated by any of 

21 the sources described in subparagraphs (A) 

22 through (F). 

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

24 means the Secretary of Energy. 


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1 (14) SMALL BUSINESS.—The term ‘‘small busi2 ness’’ has the meaning given the term ‘‘small busi3 ness concern’’ in section 3 of the Small Business Act 

4 (15 U.S.C. 632). 

5 SEC. 3. ESTABLISHMENT OF CLEAN ENERGY FUND. 

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

7 the Secretary shall establish a fund in the Department of 

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

9 (b) USE OF FUND.— 

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

11 (A) use amounts in the Fund— 

12 (i) to purchase covered products for 

13 use by the Secretary, including covered 

14 products relating to information technology 

15 and general supplies and services, in ac16 cordance with subsection (g) and section 5; 

17 (ii) to establish and carry out the 

18 grant programs under subsections (c) and 

19 (d); and 

20 (iii) to carry out the Federal building 

21 activities described in subsection (e); and 

22 (B) transfer amounts from the Fund— 

23 (i) to 1 or more Federal agencies (ex24 cluding the Department of Defense)— 


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1 (I) to purchase covered products 

2 for use by the Federal agency, in ac3 cordance with subsection (g) and sec4 tion 5; and 

5 (II) to carry out the Federal 

6 building activities described in sub7 section (e); and 

8 (ii) to the Administrator of General 

9 Services to carry out subsection (f). 

10 (2) PURCHASES FROM SMALL BUSINESSES.—Of 

11 the amounts from the Fund made available to a 

12 Federal agency in a fiscal year, the head of the Fed13 eral agency shall ensure that not less than 20 per14 cent is used to purchase covered products from small 

15 businesses and covered small businesses. 

16 (c) STATE, TRIBAL, AND LOCAL GOVERNMENT

17 GRANT PROGRAM.— 

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

19 2026, the Secretary, in coordination with the Sec20 retary of the Treasury, shall establish a green pro21 curement grant program under which the Secretary 

22 shall provide grants on a competitive basis to States, 

23 Indian Tribes, and units of local government to pur24 chase covered products for use by the State, Indian 

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


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

2 labor requirements under section 6. 

3 (2) SELECTION OF GRANT RECIPIENTS.—The 

4 Secretary shall— 

5 (A) share with the Oversight Advisory 

6 Board applications received under the grant 

7 program established under paragraph (1); and 

8 (B) in coordination with the Secretary of 

9 the Treasury, select grant recipients under that 

10 program after receiving the recommendations of 

11 the Oversight Advisory Board relating to grant 

12 recipients. 

13 (3) DISTRIBUTION OF GRANTS.—Of the 

14 amounts available in the Fund in a fiscal year to 

15 carry out the program under paragraph (1), the Sec16 retary shall ensure that— 

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

18 than 65 percent, of the amount of a grant 

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

20 local government shall be used to purchase cov21 ered products for use in urban areas located in 

22 or under the jurisdiction of the State, Indian 

23 Tribe, or unit of local government, as applica24 ble; 


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

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

3 unit of local government shall be used to pur4 chase covered products for use in frontline, vul5 nerable, and disadvantaged communities located 

6 in or under the jurisdiction of the State, Indian 

7 Tribe, or unit of local government, as applica8 ble; and 

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

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

11 unit of local government shall be used to pur12 chase covered products from small businesses 

13 and covered small businesses. 

14 (4) PRIORITY FOR SCHOOL BUS ELECTRIFICA15 TION.—In providing grants under paragraph (1), the 

16 Secretary shall give priority to States, Indian Tribes, 

17 and units of local government that will use the grant 

18 for the electrification of school buses in frontline, 

19 vulnerable, and disadvantaged communities and sub20 sequently in all other communities located in or 

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

22 unit of local government, as applicable. 

23 (5) DURATION OF GRANT.—Funds provided 

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

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1 ment receiving the grant for not less than 3 years 

2 after the date on which the funds are provided. 

3 (d) INDUSTRY GRANTS.— 

4 (1) DEFINITIONS.—In this subsection: 

5 (A) ELIGIBLE ENTITY.— 

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

7 entity’’ means a company that— 

8 (I) is organized under the laws of 

9 the United States or any jurisdiction 

10 within the United States; or 

11 (II) is otherwise subject to the 

12 jurisdiction of the United States. 

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

14 entity’’ does not include a foreign branch 

15 of a company described in clause (i). 

16 (B) GREENHOUSE GAS EMISSIONS.—The 

17 term ‘‘greenhouse gas emissions’’ means emis18 sions of any of the following gases: 

19 (i) Carbon dioxide. 

20 (ii) Methane. 

21 (iii) Nitrous oxide. 

22 (iv) Hydrofluorocarbons. 

23 (v) Perfluorocarbons. 

24 (vi) Sulfur hexafluoride. 

25 (vii) Nitrogen trifluoride. 


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1 (2) ESTABLISHMENT.—Not later than January 

2 1, 2026, the Secretary shall establish a program 

3 under which the Secretary shall provide grants, on 

4 a competitive basis, to eligible entities— 

5 (A) to retrofit or otherwise upgrade facili6 ties that produce covered products, including to 

7 make those facilities environmentally respon8 sible; and 

9 (B) for the development of environmentally 

10 responsible manufacturing capabilities to bol11 ster the production of covered products, includ12 ing by— 

13 (i) constructing new environmentally 

14 responsible facilities in the United States 

15 for the production of covered products; and 

16 (ii) retrofitting or otherwise upgrading 

17 existing facilities in the United States— 

18 (I) to produce covered products; 

19 and 

20 (II) to make those facilities envi21 ronmentally responsible. 

22 (3) SELECTION OF GRANT RECIPIENTS.—In 

23 providing grants under paragraph (2), the Secretary 

24 shall— 


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1 (A) share grant applications with the Over2 sight Advisory Board; 

3 (B) select grant recipients after receiving 

4 the recommendations of the Oversight Advisory 

5 Board relating to grant recipients; 

6 (C) consider— 

7 (i) any labor, health or safety, or dis8 crimination charges filed against the eligi9 ble entity in the preceding 2 years; 

10 (ii) any violations of the National 

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

12 seq.) reported to the National Labor Rela13 tions Board in the preceding 2 years; 

14 (iii) as applicable, whether wages and 

15 benefits for auto workers are not less than 

16 the industry standards for wages and bene17 fits for auto workers who are represented 

18 by a labor organization; 

19 (iv) whether jobs created for purposes 

20 of activities supported through the grant 

21 will be permanent positions, rather than 

22 temporary or contingent positions; 

23 (v) whether training required under 

24 the Occupational Safety and Health Act of 

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1 vided for employees, including any safety 

2 supervisors; 

3 (vi) the policy of the eligible entity 

4 with respect to coverage of workers’ com5 pensation; and 

6 (vii) whether the work sites that will 

7 be used for activities supported through 

8 the grant have independent health and 

9 safety monitoring policies; and 

10 (D) prioritize applications that specify that 

11 the eligible entity— 

12 (i) participates or will participate in a 

13 registered apprenticeship program; or 

14 (ii) prioritizes the employment of indi15 viduals trained and certified by labor orga16 nizations, or joint labor-management orga17 nizations, that promote a skilled workforce 

18 with high standards for quality and safety. 

19 (4) REQUIREMENT.—An eligible entity receiving 

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

21 labor requirements under section 6 with respect to 

22 the activities carried out using, or otherwise sup23 ported by, the grant. 

24 (5) SUBMISSION OF ENVIRONMENTAL PRODUCT

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1 igible entity to which the Secretary awards a grant 

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

3 each eligible material proposed to be used in the ap4 plicable project— 

5 (A) a current, facility-specific, Type III en6 vironmental product declaration (as defined by 

7 the International Organization for Standardiza8 tion standard 14025); or 

9 (B) a declaration made under a similarly 

10 robust life cycle assessment method that has— 

11 (i) uniform standards in data collec12 tion consistent with that standard; 

13 (ii) industry acceptance; and 

14 (iii) integrity. 

15 (6) CERTIFICATIONS.—The Secretary shall re16 quire that any application for a grant under para17 graph (2) shall include a certification that the facil18 ity-specific global warming potential for any eligible 

19 material proposed to be used in that project does not 

20 exceed the maximum acceptable global warming po21 tential established under paragraph (1) of section 

22 4(b) (as adjusted under paragraph (2)(A)(ii) of that 

23 section, if applicable) for that eligible material. 


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

2 Secretary shall strive to achieve a continuous reduc3 tion of greenhouse gas emissions over time. 

4 (8) PURCHASES FROM SMALL BUSINESSES.—Of 

5 the amounts made available under subsection (j) in 

6 a fiscal year to carry out the grant program estab7 lished under paragraph (2), the Secretary shall en8 sure that not less than 20 percent is used to provide 

9 grants under that program to eligible entities that 

10 are small businesses or covered small businesses. 

11 (9) REPORT ON IMPLEMENTATION AND EFFEC12 TIVENESS.—Not later than January 1, 2026, the 

13 Secretary shall submit to the appropriate committees 

14 of Congress and the Oversight Advisory Board a re15 port describing— 

16 (A) any obstacles to the implementation of 

17 the grant program established under this sub18 section; 

19 (B) the effectiveness of the grant program 

20 in reducing— 

21 (i) greenhouse gas emissions; and 

22 (ii) the global warming potential for 

23 eligible materials; and 

24 (C) the effectiveness of the grant program 

25 in— 


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1 (i) creating and maintaining jobs in 

2 the United States that comply with the 

3 labor requirements under section 6; and 

4 (ii) protecting the rights of workers in 

5 the United States, including the right of 

6 certain workers to organize and bargain 

7 collectively. 

8 (e) FEDERAL BUILDING ACTIVITIES.—The Federal 

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

10 respect to a Federal agency, activities— 

11 (1) to construct new, modern Federal buildings 

12 of that Federal agency, including new hospitals, 

13 medical centers, and clinics in the case of the De14 partment of Veterans Affairs, that are sustainable 

15 and resilient, including through the purchase of low16 carbon materials for that construction; and 

17 (2) to modernize, and improve the sustainability 

18 and resilience of, Federal buildings of that Federal 

19 agency, including hospitals, medical centers, and 

20 clinics in the case of the Department of Veterans Af21 fairs, including through— 

22 (A) the purchase of low-carbon materials 

23 for retrofitting, remodeling, or otherwise im24 proving Federal buildings; and 


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1 (B) the purchase of clean power for Fed2 eral buildings. 

3 (f) REPLACEMENT OF FEDERAL FLEET.—Using 

4 amounts from the Fund, the Administrator of General 

5 Services shall purchase zero-emission vehicles to replace 

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

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

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

9 entire Federal fleet consists of zero-emission vehicles. 

10 (g) PRIORITY FOR PURCHASING COVERED PROD11 UCTS.—A Federal agency, State, Indian Tribe, or unit of 

12 local government purchasing covered products pursuant to 

13 this section shall give priority to purchasing covered prod14 ucts that— 

15 (1) are made from renewable and recycled re16 sources (including biobased products); 

17 (2) have lower lifecycle emissions than com18 parable products; and 

19 (3) are designed for— 

20 (A) reducing environmental impacts; and 

21 (B) recycling. 

22 (h) BUY AMERICAN.— 

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

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1 chases of covered products made pursuant to this 

2 section— 

3 (A) by a Federal agency; and 

4 (B) in the case of purchases by a non-Fed5 eral entity, in the same manner in which that 

6 chapter applies to the Federal Government. 

7 (2) EXCEPTIONS AND WAIVERS.—The Secretary 

8 shall, to the maximum extent practicable, minimize 

9 the number of exceptions and waivers granted under 

10 chapter 83 of title 41, United States Code, with re11 spect to purchases of covered products made pursu12 ant to this section. 

13 (i) REPORT.—Not less frequently than once each fis14 cal year, the Secretary shall submit to the appropriate 

15 committees of Congress and the Oversight Advisory Board 

16 a report that— 

17 (1) describes the activities carried out using 

18 amounts in the Fund, including data on the clean 

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

20 (2) includes data on the covered products pur21 chased pursuant to those activities; and 

22 (3) includes data on compliance with subsection 

23 (h). 

24 (j) AUTHORIZATION OF APPROPRIATIONS.—There is 

25 authorized to be appropriated to the Fund 


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

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

3 of which not less than— 

4 (1) $750,000,000,000 shall be used to carry out 

5 the grant program established under subsection (c); 

6 and 

7 (2) $250,000,000,000 shall be used to carry out 

8 the grant program established under subsection (d). 

9 SEC. 4. PROCUREMENT PRACTICES FOR THE DEPARTMENT 

10 OF ENERGY. 

11 (a) SENIOR PROCUREMENT OFFICER.—The Sec12 retary shall— 

13 (1) be designated as the senior procurement of14 ficer for the Department of Energy; and 

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

16 Management and Budget in carrying out procure17 ment for the Department of Energy. 

18 (b) MAXIMUM ACCEPTABLE GLOBAL WARMING PO19 TENTIAL OF ELIGIBLE MATERIALS.— 

20 (1) ESTABLISHMENT.— 

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

22 1, 2025, the Secretary shall establish, and pub23 lish in the Federal Register— 

24 (i) an initial list of materials for 

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1 imum acceptable global warming potential 

2 under this subsection; and 

3 (ii) the maximum acceptable global 

4 warming potential for each material identi5 fied on that list, as determined in accord6 ance with subparagraph (B). 

7 (B) REQUIREMENTS.— 

8 (i) INDUSTRY AVERAGE.— 

9 (I) IN GENERAL.—The maximum 

10 acceptable global warming potential 

11 for an eligible material under sub12 paragraph (A) shall be expressed as a 

13 number that is equal to the industry 

14 average of facility-specific global 

15 warming potential emissions for that 

16 eligible material, as determined under 

17 subclause (II). 

18 (II) DETERMINATION.—The Sec19 retary shall determine the industry 

20 average described in subclause (I) for 

21 an eligible material by consulting na22 tionally or internationally recognized 

23 databases of environmental product 

24 declarations. 


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1 (ii) CONSISTENCY WITH ENVIRON2 MENTAL PRODUCT DECLARATION.—Each 

3 maximum acceptable global warming po4 tential established under subparagraph (A) 

5 shall be established in a manner that is 

6 consistent with the requirements of an en7 vironmental product declaration. 

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

9 2026, the Secretary shall submit to the appro10 priate committees of Congress and the Over11 sight Advisory Board a report that describes 

12 the method that the Secretary used to develop 

13 the maximum global warming potential for each 

14 eligible material under subparagraph (A). 

15 (2) REVIEW AND ADJUSTMENT.— 

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

17 1, 2029, and every 3 years thereafter through 

18 2045, the Secretary— 

19 (i) shall review the maximum accept20 able global warming potential established 

21 under paragraph (1) for each eligible mate22 rial; and 

23 (ii) may adjust that maximum accept24 able global warming potential for an eligi25 ble material downward to reflect industry 


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1 improvements if the Secretary, based on 

2 the process described in paragraph 

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

4 average has changed. 

5 (B) PUBLICATION.—If the Secretary ad6 justs the maximum acceptable global warming 

7 potential of an eligible material downward 

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

9 publish the updated maximum global warming 

10 potential in the Federal Register. 

11 (C) PROHIBITION.—After establishing the 

12 maximum acceptable global warming potential 

13 for an eligible material under paragraph (1), 

14 the Secretary may not adjust that maximum ac15 ceptable global warming potential upward. 

16 SEC. 5. REQUIREMENTS FOR PROCUREMENT OF COVERED 

17 PRODUCTS. 

18 An entity procuring a covered product pursuant to 

19 this Act shall ensure that the procurement— 

20 (1) is conducted in compliance with all applica21 ble laws regarding fair and open competition in con22 tracting; 

23 (2) is subject to appropriate cost controls; 

24 (3) provides for whistleblower protections for 

25 employees of contractors and subcontractors; 


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1 (4) requires contractors and subcontractors to 

2 retain records pertinent to contract performance; 

3 (5) requires contractors to submit to the entity 

4 audited financial statements covering the contract 

5 performance period; and 

6 (6) is conducted in compliance with section 552 

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

8 the ‘‘Freedom of Information Act’’) and other appli9 cable open records laws. 

10 SEC. 6. LABOR REQUIREMENTS. 

11 (a) DEFINITIONS.—In this section: 

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

13 activities’’ means— 

14 (A) with respect to a covered entity de15 scribed in subparagraph (A) of paragraph (2), 

16 activities involving producing or manufacturing 

17 a covered product; or 

18 (B) with respect to a covered entity de19 scribed in subparagraph (B) of such paragraph, 

20 activities supported by the grant described in 

21 such subparagraph. 

22 (2) COVERED ENTITY.—The term ‘‘covered en23 tity’’ means— 

24 (A) an entity producing or manufacturing 

25 a covered product; or 


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1 (B) an entity receiving a grant under this 

2 Act. 

3 (b) REQUIREMENTS.—The labor requirements under 

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

5 the following: 

6 (1) MINIMUM WAGE.— 

7 (A) IN GENERAL.—All employees employed 

8 in the performance of covered activities shall be 

9 paid at a rate of not less than— 

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

11 date of enactment of this Act; and 

12 (ii) beginning on the date that is 1 

13 year after such date of enactment, and an14 nually thereafter, the amount in effect 

15 under this subparagraph for the preceding 

16 year, increased by the annual percentage 

17 increase, if any, in the median hourly wage 

18 of all employees as determined by the Bu19 reau of Labor Statistics and rounded up to 

20 the nearest multiple of $0.05 (if not other21 wise a multiple of $0.05). 

22 (B) CALCULATION.—In calculating the an23 nual percentage increase in the median hourly 

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1 graph (A)(ii), the Secretary of Labor, through 

2 the Bureau of Labor Statistics, shall— 

3 (i) compile data on the hourly wages 

4 of all employees to determine such a me5 dian hourly wage; and 

6 (ii) compare such median hourly wage 

7 for the most recent year for which data are 

8 available with the median hourly wage de9 termined for the preceding year. 

10 (C) PREVAILING WAGES FOR LABORERS

11 AND MECHANICS.— 

12 (i) IN GENERAL.—All laborers and 

13 mechanics employed by a covered entity in 

14 the performance of construction, alteration, 

15 or repair work carried out with respect to 

16 covered activities shall be paid wages at 

17 rates not less than the greater of— 

18 (I) the rates prevailing on similar 

19 construction in the locality as deter20 mined by the Secretary of Labor in 

21 accordance with subchapter IV of 

22 chapter 31 of title 40, United States 

23 Code; or 

24 (II) the rate required under sub25 paragraph (A). 


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1 (ii) AUTHORITIES.—With respect to 

2 the labor standards specified in clause 

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

4 the authority and functions set forth in 

5 Reorganization Plan Numbered 14 of 1950 

6 (64 Stat. 1267; 5 U.S.C. App.) and section 

7 3145 of title 40, United States Code. 

8 (D) REQUIREMENTS APPLICABLE TO VEHI9 CLE PRODUCTION.— 

10 (i) DEFINITIONS.—In this subpara11 graph: 

12 (I) COVERED PRODUCTION

13 WORKER.—The term ‘‘covered produc14 tion worker’’ means a worker who— 

15 (aa) is employed by an es16 tablishment in the Motor Vehicle 

17 Manufacturing industry (Code 

18 3361 of the North American In19 dustry Classification System); 

20 (bb) is directly involved in 

21 the production of a vehicle; and 

22 (cc) is not a manager, engi23 neer, or involved in research and 

24 development, or does not have a 

25 skilled trade. 


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1 (II) INDUSTRY STANDARD WAGE

2 RATE.—The term ‘‘industry standard 

3 wage rate’’, with respect to covered 

4 production workers, means the median 

5 wage rate for all covered production 

6 workers, as determined by the Sec7 retary of Labor in accordance with 

8 clause (iv). 

9 (III) TOP EARNING WAGE

10 RATE.—The term ‘‘top earning wage 

11 rate’’ means the value of the wage 

12 rate for which 75 percent of covered 

13 production workers earn less, as de14 termined by the Secretary of Labor in 

15 accordance with clause (iv). 

16 (ii) MINIMUM WAGE RATE.—Notwith17 standing any other requirement in this sec18 tion, the covered entity shall ensure that— 

19 (I) the average rate of pay for all 

20 covered production workers employed, 

21 directly by a manufacturer or through 

22 a subcontractor or employment serv23 ices agency, in the performance of 

24 covered activities is not less than the 


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1 industry standard wage rate for cov2 ered production workers; and 

3 (II) all covered production work4 ers described in subclause (I) are paid 

5 not less than the rate in effect under 

6 subparagraph (A). 

7 (iii) PATHWAY TO TOP EARNING WAGE

8 RATE.—The covered entity shall ensure 

9 that all covered production workers em10 ployed, directly by a manufacturer or 

11 through a subcontractor or employment 

12 services agency, in the performance of cov13 ered activities, are covered by a policy de14 termined in a labor organization contract 

15 or a written company policy that provides, 

16 to the extent practicable, a pathway for 

17 such workers to earn the top earning wage 

18 rate not later than 7 years after beginning 

19 such employment. 

20 (iv) DETERMINING WAGES OF WORK21 ERS IN THE INDUSTRY.—For purposes of 

22 this subparagraph, in determining for a 

23 year the industry standard wage rate and 

24 the top earning wage rate, the Secretary of 

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1 cific Occupational Employment and Wage 

2 Estimates, for the preceding year, for the 

3 Motor Vehicle Manufacturing industry 

4 (Code 3361 of the North American Indus5 try Classification System) for the occupa6 tion of Assemblers and Fabricators (Occu7 pational Code 51–2000 of the Occupational 

8 Employment Statistics of the Bureau of 

9 Labor Statistics). 

10 (2) EMPLOYEE PROTECTIVE ARRANGEMENTS.— 

11 The covered entity shall ensure the interests of em12 ployees employed in the performance of covered ac13 tivities shall be protected under arrangements the 

14 Secretary of Labor concludes are fair and equitable 

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

16 United States Code, and meet the requirements of 

17 such section. Any solicitation for a grant under this 

18 Act shall specify the arrangements. 

19 (3) NEUTRALITY TOWARD ORGANIZED

20 LABOR.—The covered entity shall have— 

21 (A) an explicit policy of neutrality with re22 gard to— 

23 (i) labor organizing for the employees 

24 of the covered entity employed in the per25 formance of covered activities; and 


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1 (ii) such employees’ choice to form 

2 and join labor organizations; and 

3 (B) policies that require— 

4 (i) the posting and maintenance of no5 tices in the workplace to such employees of 

6 their rights under the National Labor Re7 lations Act (29 U.S.C. 151 et seq.); and 

8 (ii) that such employees are, at the 

9 beginning of their employment in the per10 formance of covered activities, provided no11 tice and information regarding the employ12 ees’ rights under such Act. 

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

14 covered entity shall have an explicit policy providing 

15 all employees employed in the performance of any 

16 covered activity not less than 12 workweeks of paid 

17 leave in a 12-month period for any purpose de18 scribed in section 102(a)(1) of the Family and Med19 ical Leave Act of 1993 (29 U.S.C. 2612(a)(1)), in 

20 accordance with regulations promulgated by the Sec21 retary of Labor. 

22 (5) FAIR SCHEDULING.— 

23 (A) IN GENERAL.—The covered entity 

24 shall have an explicit policy for fair scheduling 


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1 for employees employed in the performance of 

2 any covered activity, which shall include— 

3 (i) an opportunity for the employee to 

4 request— 

5 (I) an adjustment in the number 

6 of hours, work location, or times of 

7 the employee’s work schedule; 

8 (II) a change in the amount of 

9 notification provided to the employee 

10 regarding the work schedule; or 

11 (III) the minimizing of fluctua12 tions in the number of hours the em13 ployee is scheduled to work on a daily, 

14 weekly, or monthly basis; and 

15 (ii) a timely, good faith interactive 

16 process through which the covered entity 

17 and employee discuss the employee’s re18 quest under clause (i) and the covered en19 tity grants the request or suggests any al20 ternatives that might meet the employee’s 

21 needs. 

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

23 not apply to any employee covered by a valid 

24 collective bargaining agreement if— 


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1 (i) the terms of the collective bar2 gaining agreement include terms that gov3 ern work scheduling practices; and 

4 (ii) the provisions of such subpara5 graph are expressly waived in such collec6 tive bargaining agreement. 

7 (6) PREFERENCES IN HIRING.—The covered en8 tity shall have explicit policies that provide— 

9 (A) a preference for local hiring for all cov10 ered activities, consistent with applicable Fed11 eral law and subject to rules issued by the Sec12 retary of Labor; and 

13 (B) a preference for the hiring of individ14 uals from frontline, vulnerable, or disadvan15 taged communities for covered activities. 

16 (7) REQUIREMENT REGARDING SUBCONTRAC17 TORS.—The covered entity shall require that each 

18 subcontractor of the covered entity for covered ac19 tivities comply with the requirements of this sub20 section with respect to all employees of the subcon21 tractor employed in the performance of the covered 

22 activities. 

23 (c) DETERMINING EMPLOYMENT RELATIONSHIP.— 

24 For purposes of this section, an individual performing any 

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1 ered entity shall be considered an employee, and not an 

2 independent contractor, of that covered entity, unless— 

3 (1) the individual is free from control and direc4 tion in connection with the performance of the serv5 ice, both under the contract for the performance of 

6 service and in fact; 

7 (2) the service is performed outside the usual 

8 course of the business of the covered entity; and 

9 (3) the individual is customarily engaged in an 

10 independently established trade, occupation, profes11 sion, or business of the same nature as that involved 

12 in the service performed. 

13 SEC. 7. GREEN PROCUREMENT OVERSIGHT ADVISORY 

14 BOARD. 

15 (a) IN GENERAL.—There is established a Green Pro16 curement Oversight Advisory Board within the Depart17 ment of Energy. 

18 (b) COORDINATION.—The Oversight Advisory Board 

19 shall carry out its activities in coordination with the Office 

20 of Federal Sustainability and the Office of Management 

21 and Budget. 

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

23 Advisory Board shall— 

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

25 and 


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1 (2) consist of— 

2 (A) experts on procurement and clean en3 ergy, including scientists, from Federal and 

4 State agencies; 

5 (B) 1 or more representatives from— 

6 (i) each of— 

7 (I) the Office of Science and 

8 Technology Policy; 

9 (II) the General Services Admin10 istration; and 

11 (III) the Council on Environ12 mental Quality; 

13 (ii) environmental justice organiza14 tions; and 

15 (iii) unionized labor groups; and 

16 (C) chief financial officers of private com17 panies. 

18 (d) FUNCTIONS.—The Oversight Advisory Board 

19 shall— 

20 (1) oversee the procurement of covered products 

21 by Federal agencies pursuant to this Act, including 

22 to ensure that procurement of those products is car23 ried out— 


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1 (A) efficiently and in accordance with rel2 evant contracting and labor laws, including 

3 open competition requirements; 

4 (B) in compliance with relevant conflict of 

5 interest requirements; 

6 (C) in a manner that— 

7 (i) promotes open competition; and 

8 (ii) prevents frauds; and 

9 (D) by Federal agency personnel suffi10 ciently trained to ensure responsible procure11 ment practices pursuant to this Act and the 

12 goals of this Act; 

13 (2) offer recommendations relating to the selec14 tion of recipients of grants under the grant pro15 grams established under this Act, with the goal of 

16 ensuring that grant recipients will use the grant 

17 funds— 

18 (A) efficiently and in accordance with rel19 evant contracting and labor laws, including 

20 open competition requirements; 

21 (B) in compliance with relevant conflict of 

22 interest requirements; 

23 (C) in a manner that— 

24 (i) promotes open competition; and 

25 (ii) prevents frauds; and 


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1 (D) by personnel sufficiently trained to en2 sure responsible procurement practices pursu3 ant to this Act and the goals of this Act; and 

4 (3) submit an annual report to the Comptroller 

5 General of the United States, Congress, and the 

6 President describing— 

7 (A) the procurement of covered products 

8 by Federal agencies pursuant to this Act; and 

9 (B) the recommendations made by the 

10 Oversight Advisory Board under paragraph (2). 

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

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

13 and 

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

15 connection with a procurement contract entered into 

16 by a Federal agency pursuant to this Act to the ap17 propriate Federal law enforcement authority. 

18 (f) TREATMENT AS ADVISORY COMMITTEE.—The 

19 Oversight Advisory Board is an advisory committee (as de20 fined in section 1001 of title 5, United States Code). 

21 SEC. 8. OVERSIGHT BY COMPTROLLER GENERAL. 

22 The Comptroller General of the United States shall— 

23 (1) conduct oversight of the funds appropriated 

24 under this Act to ensure transparency and compli25 ance with all applicable requirements; and 


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1 (2) shall make publicly available an annual re2 port that— 

3 (A) evaluates the efficacy of the programs 

4 established under this Act; and 

5 (B) makes recommendations for any im6 provements to those programs. 

Æ 


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