I 

117TH CONGRESS 

1ST SESSION H. R. 3607 

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

and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

MAY 28, 2021 

Mr. LEVIN of Michigan (for himself, Mr. HUFFMAN, and Mr. BRENDAN F. 

BOYLE of Pennsylvania) introduced the following bill; which was referred 

to the Committee on Energy and Commerce, and in addition to the Committees on Oversight and Reform, 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 2021’’. 

6 SEC. 2. DEFINITIONS. 

7 In this Act: 


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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— 


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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. 


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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 zero-emission vehicle or a non5 motorized alternative mode of transpor6 tation; 

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

8 transportation, including high-speed rail; 

9 (iii) 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 (iv) improves the energy efficiency 

14 measures of facilities to make facilities en15 vironmentally responsible; 

16 (v) is a product used to maintain or 

17 clean buildings; 

18 (vi) is an appliance certified under the 

19 Energy Star program established under 

20 section 324A of the Energy Policy and 

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

22 (vii) is an electronics product bearing 

23 the EPEAT certification; or 

24 (viii) 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; and 

6 (iii) material resources that produce 

7 pollutants or toxins, as determined by the 

8 Secretary. 

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

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

11 551 of the National Energy Conservation Policy Act 

12 (42 U.S.C. 8259). 

13 (8) FRONTLINE, VULNERABLE, AND DISADVAN14 TAGED COMMUNITY.—The term ‘‘frontline, vulner15 able, and disadvantaged community’’ means a com16 munity— 

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

18 of the Public Works and Economic Develop19 ment Act of 1965 (42 U.S.C. 3161(a)); and 

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

21 environmental destruction have exacerbated sys22 temic racial, regional, social, environmental, 

23 gender, and economic injustices by dispropor24 tionately affecting Black, Brown, and Indige25 nous peoples, other communities of color, miVerDate Sep 11 2014 05:35 Jun 24, 2021 Jkt 019200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H3607.IH H3607

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1 grant communities, deindustrialized commu2 nities, depopulated rural communities, the poor, 

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

4 unhoused, people with disabilities, or youth. 

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

6 Energy Fund established under section 3(a). 

7 (10) GLOBAL WARMING POTENTIAL.—The term 

8 ‘‘global warming potential’’, with respect to an eligi9 ble material, means a measure that indicates how 

10 much energy the emissions of 1 ton of gases associ11 ated with the lifecycle of that eligible material, in12 cluding the manufacture, use, and disposal of that 

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

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

15 ton of carbon dioxide. 

16 (11) OVERSIGHT ADVISORY BOARD.—The term 

17 ‘‘Oversight Advisory Board’’ means the Green Pro18 curement Oversight Advisory Board established 

19 under section 7. 

20 (12) RENEWABLE ENERGY SOURCE.—The term 

21 ‘‘renewable energy source’’ means energy generated 

22 from a renewable source, including the following re23 newable energy sources: 

24 (A) Solar, including electricity. 

25 (B) Wind. 


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

2 and thermal. 

3 (D) Geothermal, including electricity and 

4 heat pumps. 

5 (E) Hydroelectric generation capacity 

6 achieved from increased efficiency or additions 

7 of new capacity at an existing hydroelectric 

8 project that was placed in service on or after 

9 January 1, 1999. 

10 (F) Hydrogen derived from a renewable 

11 source of energy. 

12 (G) Thermal energy generated by any of 

13 the sources described in subparagraphs (A) 

14 through (F). 

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

16 means the Secretary of Energy. 

17 (14) SMALL BUSINESS.—The term ‘‘small busi18 ness’’ has the meaning given the term ‘‘small busi19 ness concern’’ in section 3 of the Small Business Act 

20 (15 U.S.C. 632). 

21 SEC. 3. CLEAN ENERGY FUND. 

22 (a) IN GENERAL.—Not later than January 1, 2023, 

23 the Secretary shall establish a fund in the Department of 

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

25 (b) USE OF FUND.— 


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

2 (A) use amounts in the Fund— 

3 (i) to purchase covered products for 

4 use by the Secretary, including covered 

5 products relating to information technology 

6 and general supplies and services, in ac7 cordance with subsection (g) and section 5; 

8 (ii) to establish and carry out the 

9 grant programs under subsections (c) and 

10 (d); and 

11 (iii) to carry out the Federal building 

12 activities described in subsection (e); and 

13 (B) transfer amounts from the Fund— 

14 (i) to 1 or more Federal agencies (ex15 cluding the Department of Defense)— 

16 (I) to purchase covered products 

17 for use by the Federal agency, in ac18 cordance with subsection (g) and sec19 tion 5; and 

20 (II) to carry out the Federal 

21 building activities described in sub22 section (e); and 

23 (ii) to the Administrator of General 

24 Services to carry out subsection (f). 


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1 (2) PURCHASES FROM SMALL BUSINESSES.—Of 

2 the amounts from the Fund made available to a 

3 Federal agency in a fiscal year, the head of the Fed4 eral agency shall ensure that not less than 20 per5 cent is used to purchase covered products from small 

6 businesses and covered small businesses. 

7 (c) STATE, TRIBAL, AND LOCAL GOVERNMENT

8 GRANT PROGRAM.— 

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

10 2023, the Secretary, in coordination with the Sec11 retary of the Treasury, shall establish a green pro12 curement grant program under which the Secretary 

13 shall provide grants on a competitive basis to States, 

14 Indian Tribes, and units of local government to pur15 chase covered products for use by the State, Indian 

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

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

18 labor requirements under section 6. 

19 (2) SELECTION OF GRANT RECIPIENTS.—The 

20 Secretary shall— 

21 (A) share with the Oversight Advisory 

22 Board applications received under the grant 

23 program established under paragraph (1); and 

24 (B) in coordination with the Secretary of 

25 the Treasury, select grant recipients under that 


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1 program after receiving the recommendations of 

2 the Oversight Advisory Board relating to grant 

3 recipients. 

4 (3) DISTRIBUTION OF GRANTS.—Of the 

5 amounts available in the Fund in a fiscal year to 

6 carry out the program under paragraph (1), the Sec7 retary shall ensure that— 

8 (A) not less than 60 percent but not more 

9 than 65 percent of the amount of a grant 

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

11 local government shall be used to purchase cov12 ered products for use in urban areas located in 

13 or under the jurisdiction of the State, Indian 

14 Tribe, or unit of local government, as applica15 ble; 

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

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

18 unit of local government shall be used to pur19 chase covered products for use in frontline, vul20 nerable, and disadvantaged communities located 

21 in or under the jurisdiction of the State, Indian 

22 Tribe, or unit of local government, as applica23 ble; and 

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

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


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1 unit of local government shall be used to pur2 chase covered products from small businesses 

3 and covered small businesses. 

4 (4) PRIORITY FOR SCHOOL BUS ELECTRIFICA5 TION.—In providing grants under paragraph (1), the 

6 Secretary shall give priority to States, Indian Tribes, 

7 and units of local government that will use the grant 

8 for the electrification of school buses in frontline, 

9 vulnerable, and disadvantaged communities and sub10 sequently in all other communities located in or 

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

12 unit of local government, as applicable. 

13 (5) DURATION OF GRANT.—Funds provided 

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

15 to the State, Indian Tribe, or unit of local govern16 ment receiving the grant for not less than 3 years 

17 after the date on which the funds are provided. 

18 (d) INDUSTRY GRANTS.— 

19 (1) DEFINITIONS.—In this subsection: 

20 (A) ELIGIBLE ENTITY.— 

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

22 entity’’ means a company that— 

23 (I) is organized under the laws of 

24 the United States or any jurisdiction 

25 within the United States; or 


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1 (II) is otherwise subject to the 

2 jurisdiction of the United States. 

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

4 entity’’ does not include a foreign branch 

5 of a company described in clause (i). 

6 (B) GREENHOUSE GAS EMISSIONS.—The 

7 term ‘‘greenhouse gas emissions’’ means emis8 sions of any of the following gases: 

9 (i) Carbon dioxide. 

10 (ii) Methane. 

11 (iii) Nitrous oxide. 

12 (iv) Hydrofluorocarbons. 

13 (v) Perfluorocarbons. 

14 (vi) Sulfur hexafluoride. 

15 (vii) Nitrogen trifluoride. 

16 (2) ESTABLISHMENT.—Not later than January 

17 1, 2022, the Secretary shall establish a program 

18 under which the Secretary shall provide grants, on 

19 a competitive basis, to eligible entities— 

20 (A) to retrofit or otherwise upgrade facili21 ties that produce covered products, including to 

22 make those facilities environmentally respon23 sible; and 

24 (B) for the development of environmentally 

25 responsible manufacturing capabilities to bolVerDate Sep 11 2014 05:35 Jun 24, 2021 Jkt 019200 PO 00000 Frm 00013 Fmt 6652 Sfmt 6201 E:\BILLS\H3607.IH H3607

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1 ster the production of covered products, includ2 ing by— 

3 (i) constructing new environmentally 

4 responsible facilities in the United States 

5 for the production of covered products; and 

6 (ii) retrofitting or otherwise upgrading 

7 existing facilities in the United States— 

8 (I) to produce covered products; 

9 and 

10 (II) to make those facilities envi11 ronmentally responsible. 

12 (3) SELECTION OF GRANT RECIPIENTS.—In 

13 providing grants under paragraph (2), the Secretary 

14 shall— 

15 (A) share grant applications with the Over16 sight Advisory Board; 

17 (B) select grant recipients after receiving 

18 the recommendations of the Oversight Advisory 

19 Board relating to grant recipients; 

20 (C) consider— 

21 (i) any labor, health or safety, or dis22 crimination charges filed against the eligi23 ble entity in the preceding 2 years; 

24 (ii) any violations of the National 

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


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1 seq.) reported to the National Labor Rela2 tions Board in the preceding 2 years; 

3 (iii) as applicable, whether wages and 

4 benefits for auto workers are not less than 

5 the industry standards for wages and bene6 fits for auto workers who are represented 

7 by a labor organization; 

8 (iv) whether jobs created for purposes 

9 of activities supported through the grant 

10 will be permanent positions, rather than 

11 temporary or contingent positions; 

12 (v) whether training required under 

13 the Occupational Safety and Health Act of 

14 1970 (29 U.S.C. 651 et seq.) will be pro15 vided for employees, including any safety 

16 supervisors; 

17 (vi) the policy of the eligible entity 

18 with respect to coverage of workers’ com19 pensation; and 

20 (vii) whether the work sites that will 

21 be used for activities supported through 

22 the grant have independent health and 

23 safety monitoring policies; and 

24 (D) prioritize applications that specify that 

25 the eligible entity— 


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1 (i) participates or will participate in a 

2 registered apprenticeship program; or 

3 (ii) prioritizes the employment of indi4 viduals trained and certified by labor orga5 nizations, or joint labor-management orga6 nizations, that promote a skilled workforce 

7 with high standards for quality and safety. 

8 (4) REQUIREMENT.—An eligible entity receiving 

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

10 labor requirements under section 6 with respect to 

11 the activities carried out using, or otherwise sup12 ported by, the grant. 

13 (5) SUBMISSION OF ENVIRONMENTAL PRODUCT

14 DECLARATION.—The Secretary shall require each el15 igible entity to which the Secretary awards a grant 

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

17 each eligible material proposed to be used in the ap18 plicable project— 

19 (A) a current facility-specific Environ20 mental Product Declaration, Type III (as de21 fined by the International Organization for 

22 Standardization standard 14025); or 

23 (B) a declaration made under a similarly 

24 robust lifecycle assessment method that has— 


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1 (i) uniform standards in data collec2 tion consistent with that standard; 

3 (ii) industry acceptance; and 

4 (iii) integrity. 

5 (6) CERTIFICATIONS.—The Secretary shall re6 quire that any application for a grant under para7 graph (2) shall include a certification that the facil8 ity-specific global warming potential for any eligible 

9 material proposed to be used in that project does not 

10 exceed the maximum acceptable global warming po11 tential established under paragraph (1) of section 

12 4(b) (as adjusted under paragraph (2)(A)(ii) of that 

13 section, if applicable) for that eligible material. 

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

15 Secretary shall strive to achieve a continuous reduc16 tion of greenhouse gas emissions over time. 

17 (8) PURCHASES FROM SMALL BUSINESSES.—Of 

18 the amounts made available under subsection (j) in 

19 a fiscal year to carry out the grant program estab20 lished under paragraph (2), the Secretary shall en21 sure that not less than 20 percent is used to provide 

22 grants under that program to eligible entities that 

23 are small businesses or covered small businesses. 

24 (9) REPORT ON IMPLEMENTATION AND EFFEC25 TIVENESS.—Not later than January 1, 2023, the 


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1 Secretary shall submit to the appropriate committees 

2 of Congress and the Oversight Advisory Board a re3 port describing— 

4 (A) any obstacles to the implementation of 

5 the grant program established under this sub6 section; 

7 (B) the effectiveness of the grant program 

8 in reducing— 

9 (i) greenhouse gas emissions; and 

10 (ii) the global warming potential for 

11 eligible materials; and 

12 (C) the effectiveness of the grant program 

13 in— 

14 (i) creating and maintaining jobs in 

15 the United States that comply with the 

16 labor requirements under section 6; and 

17 (ii) protecting the rights of workers in 

18 the United States, including the right of 

19 certain workers to organize and bargain 

20 collectively. 

21 (e) FEDERAL BUILDING ACTIVITIES.—The Federal 

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

23 respect to a Federal agency, activities— 

24 (1) to construct new, modern Federal buildings 

25 of that Federal agency, including new hospitals, 


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1 medical centers, and clinics in the case of the De2 partment of Veterans Affairs, that are sustainable 

3 and resilient, including through the purchase of low4 carbon materials for that construction; and 

5 (2) to modernize, and improve the sustainability 

6 and resilience of, Federal buildings of that Federal 

7 agency, including hospitals, medical centers, and 

8 clinics in the case of the Department of Veterans Af9 fairs, including through— 

10 (A) the purchase of low-carbon materials 

11 for retrofitting, remodeling, or otherwise im12 proving Federal buildings; and 

13 (B) the purchase of clean power for Fed14 eral buildings. 

15 (f) REPLACEMENT OF FEDERAL FLEET.—Using 

16 amounts from the Fund, the Administrator of General 

17 Services shall purchase zero-emission vehicles to replace 

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

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

20 U.S.C. 13211)) so that by the end of fiscal year 2030 the 

21 entire Federal fleet consists of zero-emission vehicles. 

22 (g) PRIORITY FOR PURCHASING COVERED PROD23 UCTS.—A Federal agency, State, Indian Tribe, or unit of 

24 local government purchasing covered products pursuant to 


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1 this section shall give priority to purchasing covered prod2 ucts that— 

3 (1) are made from renewable and recycled re4 sources (including biobased products); 

5 (2) have lower lifecycle emissions than com6 parable products; and 

7 (3) are designed for— 

8 (A) reducing environmental impacts; and 

9 (B) recycling. 

10 (h) BUY AMERICAN.— 

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

12 United States Code, shall apply with respect to pur13 chases of covered products made pursuant to this 

14 section— 

15 (A) by a Federal agency; and 

16 (B) in the case of purchases by a non-Fed17 eral entity, in the same manner in which that 

18 chapter applies to the Federal Government. 

19 (2) EXCEPTIONS AND WAIVERS.—The Secretary 

20 shall, to the maximum extent practicable, minimize 

21 the number of exceptions and waivers granted under 

22 chapter 83 of title 41, United States Code, with re23 spect to purchases of covered products made pursu24 ant to this section. 


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1 (i) REPORT.—Not less frequently than once each fis2 cal year, the Secretary shall submit to the appropriate 

3 committees of Congress and the Oversight Advisory Board 

4 a report that— 

5 (1) describes the activities carried out using 

6 amounts in the Fund, including data on the clean 

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

8 (2) includes data on the covered products pur9 chased pursuant to those activities; and 

10 (3) includes data on compliance with subsection 

11 (h). 

12 (j) AUTHORIZATION OF APPROPRIATIONS.—There is 

13 authorized to be appropriated to the Fund 

14 $1,500,000,000,000 for the period of fiscal years 2022 

15 through 2031, to remain available until January 1, 2042, 

16 of which not less than— 

17 (1) $750,000,000,000 shall be used to carry out 

18 the grant program established under subsection (c); 

19 and 

20 (2) $250,000,000,000 shall be used to carry out 

21 the grant program established under subsection (d). 

22 SEC. 4. DEPARTMENT OF ENERGY. 

23 (a) SENIOR PROCUREMENT OFFICER.—The Sec24 retary shall— 


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1 (1) be designated as the senior procurement of2 ficer for the Department of Energy; and 

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

4 Management and Budget in carrying out procure5 ment for the Department of Energy. 

6 (b) MAXIMUM ACCEPTABLE GLOBAL WARMING PO7 TENTIAL OF ELIGIBLE MATERIALS.— 

8 (1) ESTABLISHMENT.— 

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

10 1, 2022, the Secretary shall establish, and pub11 lish in the Federal Register— 

12 (i) an initial list of materials for 

13 which the Secretary shall establish a max14 imum acceptable global warming potential 

15 under this subsection; and 

16 (ii) the maximum acceptable global 

17 warming potential for each material identi18 fied on that list, as determined in accord19 ance with subparagraph (B). 

20 (B) REQUIREMENTS.— 

21 (i) INDUSTRY AVERAGE.— 

22 (I) IN GENERAL.—The maximum 

23 acceptable global warming potential 

24 for an eligible material under sub25 paragraph (A) shall be expressed as a 


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1 number that is equal to the industry 

2 average of facility-specific global 

3 warming potential emissions for that 

4 eligible material, as determined under 

5 subclause (II). 

6 (II) DETERMINATION.—The Sec7 retary shall determine the industry 

8 average described in subclause (I) for 

9 an eligible material by consulting na10 tionally or internationally recognized 

11 databases of environmental product 

12 declarations. 

13 (ii) CONSISTENCY WITH ENVIRON14 MENTAL PRODUCT DECLARATION.—Each 

15 maximum acceptable global warming po16 tential established under subparagraph (A) 

17 shall be established in a manner that is 

18 consistent with the requirements of an en19 vironmental product declaration. 

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

21 2023, the Secretary shall submit to the appro22 priate committees of Congress and the Over23 sight Advisory Board a report that describes 

24 the method that the Secretary used to develop 


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1 the maximum global warming potential for each 

2 eligible material under subparagraph (A). 

3 (2) REVIEW AND ADJUSTMENT.— 

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

5 1, 2026, and every 3 years thereafter through 

6 2042, the Secretary— 

7 (i) shall review the maximum accept8 able global warming potential established 

9 under paragraph (1) for each eligible mate10 rial; and 

11 (ii) may adjust that maximum accept12 able global warming potential for an eligi13 ble material downward to reflect industry 

14 improvements if the Secretary, based on 

15 the process described in paragraph 

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

17 average has changed. 

18 (B) PUBLICATION.—If the Secretary ad19 justs the maximum acceptable global warming 

20 potential of an eligible material downward 

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

22 publish the updated maximum global warming 

23 potential in the Federal Register. 

24 (C) PROHIBITION.—After establishing the 

25 maximum acceptable global warming potential 


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1 for an eligible material under paragraph (1), 

2 the Secretary may not adjust that maximum ac3 ceptable global warming potential upward. 

4 SEC. 5. REQUIREMENTS FOR PROCUREMENT OF COVERED 

5 PRODUCTS. 

6 An entity procuring a covered product pursuant to 

7 this Act shall ensure that the procurement— 

8 (1) is conducted in compliance with all applica9 ble laws regarding fair and open competition in con10 tracting; 

11 (2) is subject to appropriate cost controls; 

12 (3) provides for whistleblower protections for 

13 employees of contractors and subcontractors; 

14 (4) requires contractors and subcontractors to 

15 retain records pertinent to contract performance; 

16 (5) requires contractors to submit to the entity 

17 audited financial statements covering the contract 

18 performance period; and 

19 (6) is conducted in compliance with section 552 

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

21 the ‘‘Freedom of Information Act’’) and other appli22 cable open records laws. 

23 SEC. 6. LABOR REQUIREMENTS. 

24 (a) DEFINITIONS.—In this section: 


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

2 activities’’ means— 

3 (A) with respect to a covered entity de4 scribed in subparagraph (A) of paragraph (2), 

5 activities involving producing or manufacturing 

6 a covered product; or 

7 (B) with respect to a covered entity de8 scribed in subparagraph (B) of such paragraph, 

9 activities supported by the grant. 

10 (2) COVERED ENTITY.—The term ‘‘covered en11 tity’’ means— 

12 (A) an entity producing or manufacturing 

13 a product as described in section 

14 2(3)(A)(ii)(I)(cc); or 

15 (B) an entity receiving a grant under this 

16 Act. 

17 (b) REQUIREMENTS.—The labor requirements under 

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

19 the following: 

20 (1) MINIMUM WAGE.— 

21 (A) IN GENERAL.—The covered entity 

22 shall ensure that all employees of the covered 

23 entity, and of any contractor or subcontractor 

24 of the covered entity with respect to the covered 


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1 activities, who are engaged in the covered ac2 tivities shall be paid at a rate of not less than— 

3 (i) $15.00 an hour, beginning on the 

4 date of enactment of this Act; and 

5 (ii) beginning on the date that is 1 

6 year after such date of enactment, and an7 nually thereafter, the greater of— 

8 (I) the amount in effect under 

9 this subparagraph for the preceding 

10 year, increased by the annual percent11 age increase, if any, in the median 

12 hourly wage of all employees as deter13 mined by the Bureau of Labor Statis14 tics and rounded up to the nearest 

15 multiple of $0.05; or 

16 (II) 10 percent more than the 

17 minimum wage applicable under sec18 tion 6 of the Fair Labor Standards 

19 Act of 1938 (29 U.S.C. 206). 

20 (B) CALCULATION.—In calculating the an21 nual percentage increase in the median hourly 

22 wage of all employees for purposes of subpara23 graph (A)(ii)(I), the Secretary of Labor, 

24 through the Bureau of Labor Statistics, shall— 


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1 (i) compile data on the hourly wages 

2 of all employees to determine such a me3 dian hourly wage; and 

4 (ii) compare such median hourly wage 

5 for the most recent year for which data are 

6 available with the median hourly wage de7 termined for the preceding year. 

8 (C) REQUIREMENTS APPLICABLE TO CON9 STRUCTION.—Notwithstanding any other re10 quirement in this section, all laborers and me11 chanics employed by contractors or subcontrac12 tors in the performance of construction, alter13 ation, or repair work assisted, in whole or in 

14 part, with a grant under this Act shall be paid 

15 wages at rates not less than those prevailing on 

16 similar construction, alteration, or repair work 

17 in the locality as determined by the Secretary 

18 of Labor in accordance with subchapter IV of 

19 chapter 31 of title 40, United States Code. The 

20 Secretary of Labor shall have, with respect to 

21 such labor standards, the authority and func22 tions set forth in Reorganization Plan Num23 bered 14 of 1950 (64 Stat. 1267; 5 U.S.C. 

24 App.) and section 3145 of title 40, United 

25 States Code. 


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1 (D) REQUIREMENTS APPLICABLE TO VEHI2 CLE PRODUCTION.— 

3 (i) DEFINITIONS.—In this subpara4 graph: 

5 (I) COVERED PRODUCTION

6 WORKER.—The term ‘‘covered produc7 tion worker’’ means a worker who— 

8 (aa) is employed by an es9 tablishment in the Motor Vehicle 

10 Manufacturing industry (Code 

11 3361 of the North American In12 dustry Classification System); 

13 (bb) is directly involved in 

14 the production of a vehicle; and 

15 (cc) is not a manager, engi16 neer, or involved in research and 

17 development, or does not have a 

18 skilled trade. 

19 (II) INDUSTRY STANDARD WAGE

20 RATE.—The term ‘‘industry standard 

21 wage rate’’, with respect to covered 

22 production workers, means the median 

23 wage rate for all covered production 

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1 retary of Labor in accordance with 

2 clause (iv). 

3 (III) TOP EARNING WAGE

4 RATE.—The term ‘‘top earning wage 

5 rate’’ means the value of the wage 

6 rate for which 75 percent of covered 

7 production workers earn less, as de8 termined by the Secretary of Labor in 

9 accordance with clause (iv). 

10 (ii) MINIMUM WAGE RATE.—Notwith11 standing any other requirement in this sec12 tion, the covered entity shall ensure that— 

13 (I) the average rate of pay for all 

14 covered production workers employed, 

15 directly by a manufacturer or through 

16 a subcontractor or employment serv17 ices agency, in the performance of 

18 covered activities is not less than the 

19 industry standard wage rate for cov20 ered production workers; and 

21 (II) all covered production work22 ers described in subclause (I) are paid 

23 not less than the rate in effect under 

24 subparagraph (A). 


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1 (iii) PATHWAY TO TOP EARNING WAGE

2 RATE.—The covered entity shall ensure 

3 that all covered production workers em4 ployed, directly by a manufacturer or 

5 through a subcontractor or employment 

6 services agency, in the performance of cov7 ered activities, are covered by a policy de8 termined in a labor organization contract 

9 or a written company policy that provides, 

10 to the extent practicable, a pathway for 

11 such workers to earn the top earning wage 

12 rate not later than 7 years after beginning 

13 such employment. 

14 (iv) DETERMINING WAGES OF WORK15 ERS IN THE INDUSTRY.—For purposes of 

16 this subparagraph, in determining for a 

17 year the industry standard wage rate and 

18 the top earning wage rate, the Secretary of 

19 Labor shall use the National Industry-Spe20 cific Occupational Employment and Wage 

21 Estimates, for the preceding year, for the 

22 Motor Vehicle Manufacturing industry 

23 (Code 3361 of the North American Indus24 try Classification System) for the occupa25 tion of Assemblers and Fabricators (OccuVerDate Sep 11 2014 05:35 Jun 24, 2021 Jkt 019200 PO 00000 Frm 00031 Fmt 6652 Sfmt 6201 E:\BILLS\H3607.IH H3607

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1 pational Code 51–2000 of the Occupational 

2 Employment Statistics of the Bureau of 

3 Labor Statistics). 

4 (2) NEUTRALITY TOWARD ORGANIZED

5 LABOR.—The covered entity shall have, and ensure 

6 that all contractors and subcontractors of the cov7 ered entity with respect to the covered activities, 

8 have— 

9 (A) an explicit policy of neutrality with re10 gard to— 

11 (i) labor organizing for the employees 

12 engaged in the covered activities; and 

13 (ii) such employees’ choice to form 

14 and join labor organizations; and 

15 (B) policies that require— 

16 (i) the posting and maintenance of no17 tices in the workplace to such employees of 

18 their rights under the National Labor Re19 lations Act (29 U.S.C. 151 et seq.); and 

20 (ii) that such employees are, at the 

21 beginning of their employment, provided 

22 notice and information regarding the em23 ployees’ rights under such Act. 

24 (3) PAID FAMILY AND MEDICAL LEAVE.—The 

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1 tractors and subcontractors of the covered entity 

2 with respect to the covered activities have, an ex3 plicit policy providing all employees engaged in the 

4 covered activities not less than 12 workweeks of paid 

5 leave in a 12-month period for any purpose de6 scribed in section 102(a)(1) of the Family and Med7 ical Leave Act of 1993 (29 U.S.C. 2612(a)(1)), in 

8 accordance with regulations promulgated by the Sec9 retary of Labor. 

10 (4) FAIR SCHEDULING.— 

11 (A) IN GENERAL.—The covered entity 

12 shall have, and ensure that all contractors and 

13 subcontractors of the covered entity with re14 spect to the covered activities have, an explicit 

15 policy for fair scheduling for employees engaged 

16 in the covered activities, which shall include— 

17 (i) an opportunity for the employee to 

18 request— 

19 (I) an adjustment in the number 

20 of hours, work location, or times of 

21 the employee’s work schedule; 

22 (II) a change in the amount of 

23 notification provided to the employee 

24 regarding the work schedule; or 


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1 (III) the minimizing of fluctua2 tions in the number of hours the em3 ployee is scheduled to work on a daily, 

4 weekly, or monthly basis; and 

5 (ii) a timely, good faith interactive 

6 process through which the covered entity, 

7 or contractor or subcontractor, and em8 ployee discuss the employee’s request 

9 under clause (i) and the covered entity, or 

10 contractor or subcontractor, grants the re11 quest or suggests any alternatives that 

12 might meet the employee’s needs. 

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

14 not apply to any employee covered by a valid 

15 collective bargaining agreement if— 

16 (i) the terms of the collective bar17 gaining agreement include terms that gov18 ern work scheduling practices; and 

19 (ii) the provisions of this paragraph 

20 are expressly waived in such collective bar21 gaining agreement. 

22 (5) PREFERENCE FOR LOCAL HIRING.—The 

23 covered entity shall have, and ensure that all con24 tractors and subcontractors with respect to the cov25 ered activities have, explicit policies that provide a 


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1 preference for local hiring for individuals engaged in 

2 the covered activities, consistent with applicable Fed3 eral law and subject to rules issued by the Secretary 

4 of Labor. 

5 (6) EMPLOYEE CLASSIFICATION.—The covered 

6 entity shall consider, and ensure that all contractors 

7 and subcontractors of the covered entity with respect 

8 to the covered activities consider, an individual per9 forming any service for remuneration for the covered 

10 entity, or contractor or subcontractor, in the per11 formance of the covered activities as an employee 

12 (and not an independent contractor) of the covered 

13 entity, or contractor or subcontractor, unless— 

14 (A) the individual is free from control and 

15 direction in connection with the performance of 

16 the service, both under the contract for the per17 formance of the service and in fact; 

18 (B) the service is performed outside the 

19 usual course of the business of the covered enti20 ty or the contractor or subcontractor; and 

21 (C) the individual is customarily engaged 

22 in an independently established trade, occupa23 tion, profession, or business of the same nature 

24 as that involved in such service. 


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1 SEC. 7. GREEN PROCUREMENT OVERSIGHT ADVISORY 

2 BOARD. 

3 (a) IN GENERAL.—There is established a Green Pro4 curement Oversight Advisory Board within the Depart5 ment of Energy. 

6 (b) COORDINATION.—The Oversight Advisory Board 

7 shall carry out its activities in coordination with the Office 

8 of Federal Sustainability and the Office of Management 

9 and Budget. 

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

11 Advisory Board shall— 

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

13 and 

14 (2) consist of— 

15 (A) experts on procurement and clean en16 ergy, including scientists, from Federal and 

17 State agencies; 

18 (B) 1 or more representatives from— 

19 (i) each of— 

20 (I) the Office of Science and 

21 Technology Policy; 

22 (II) the General Services Admin23 istration; and 

24 (III) the Council on Environ25 mental Quality; 


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1 (ii) environmental justice organiza2 tions; and 

3 (iii) unionized labor groups; and 

4 (C) chief financial officers of private com5 panies. 

6 (d) FUNCTIONS.—The Oversight Advisory Board 

7 shall— 

8 (1) oversee the procurement of covered products 

9 by Federal agencies pursuant to this Act, including 

10 to ensure that procurement of those products is car11 ried out— 

12 (A) efficiently and in accordance with rel13 evant contracting and labor laws, including 

14 open competition requirements; 

15 (B) in compliance with relevant conflict of 

16 interest requirements; 

17 (C) in a manner that— 

18 (i) promotes open competition; and 

19 (ii) prevents frauds; and 

20 (D) by Federal agency personnel suffi21 ciently trained to ensure responsible procure22 ment practices pursuant to this Act and the 

23 goals of this Act; 

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1 grams established under this Act, with the goal of 

2 ensuring that grant recipients will use the grant 

3 funds— 

4 (A) efficiently and in accordance with rel5 evant contracting and labor laws, including 

6 open competition requirements; 

7 (B) in compliance with relevant conflict of 

8 interest requirements; 

9 (C) in a manner that— 

10 (i) promotes open competition; and 

11 (ii) prevents frauds; and 

12 (D) by personnel sufficiently trained to en13 sure responsible procurement practices pursu14 ant to this Act and the goals of this Act; and 

15 (3) submit an annual report to the Comptroller 

16 General of the United States, Congress, and the 

17 President describing— 

18 (A) the procurement of covered products 

19 by Federal agencies pursuant to this Act; and 

20 (B) the recommendations made by the 

21 Oversight Advisory Board under paragraph (2). 

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

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

24 and 


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

2 connection with a procurement contract entered into 

3 by a Federal agency pursuant to this Act to the ap4 propriate Federal law enforcement authority. 

5 (f) TREATMENT AS ADVISORY COMMITTEE.—The 

6 Oversight Advisory Board is an advisory committee (as de7 fined in section 3 of the Federal Advisory Committee Act 

8 (5 U.S.C. App.)). 

9 SEC. 8. OVERSIGHT BY COMPTROLLER GENERAL. 

10 The Comptroller General of the United States shall— 

11 (1) conduct oversight of the funds appropriated 

12 under this Act to ensure transparency and compli13 ance with all applicable requirements; and 

14 (2) shall make publicly available an annual re15 port that— 

16 (A) evaluates the efficacy of the programs 

17 established under this Act; and 

18 (B) makes recommendations for any im19 provements to those programs. 

Æ 


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