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 Com-
mittees 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. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Buy Green Act of 
2021’’. 
SEC. 2. DEFINITIONS. 
In this Act: 
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(1) 
APPROPRIATE
COMMITTEES
OF
CON-
GRESS.—The term ‘‘appropriate committees of Con-
gress’’ means— 
(A) the Committee on Commerce, Science, 
and Transportation of the Senate; 
(B) the Committee on Environment and 
Public Works of the Senate; 
(C) the Committee on Transportation and 
Infrastructure of the House of Representatives; 
and 
(D) the Committee on Energy and Com-
merce of the House of Representatives. 
(2) CLEAN POWER.—The term ‘‘clean power’’ 
means power derived from a renewable energy 
source. 
(3) COVERED PRODUCT.— 
(A) IN
GENERAL.—The term ‘‘covered 
product’’ means— 
(i) energy— 
(I) used to power a facility; and 
(II) the production of which 
comes 
from 
a 
renewable 
energy 
source; and 
(ii) a product that— 
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(I) is produced or manufac-
tured— 
(aa) in the United States 
(including the territories of the 
United States); 
(bb) in accordance with all 
relevant energy efficiency, envi-
ronmental preference, and safety 
designations; and 
(cc) by an entity that com-
plies with the labor requirements 
under section 6; and 
(II) reduces energy usage during 
the lifecycle of the product by— 
(aa) 
minimizing 
energy, 
water, or material resources asso-
ciated with the product; 
(bb) increasing opportunities 
for reuse and recycling due to the 
durability or repairability of the 
product; and 
(cc) 
improving 
environ-
mental and human health im-
pacts. 
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(B) 
INCLUSIONS.—The 
term 
‘‘covered 
product’’ includes a product described in sub-
paragraph (A)(ii) that— 
(i) is a zero-emission vehicle or a non-
motorized alternative mode of transpor-
tation; 
(ii) is a zero-emission form of public 
transportation, including high-speed rail; 
(iii) is a product or low-carbon mate-
rial used to design, construct, or retrofit 
buildings, including a product bearing the 
Green Seal certification; 
(iv) improves the energy efficiency 
measures of facilities to make facilities en-
vironmentally responsible; 
(v) is a product used to maintain or 
clean buildings; 
(vi) is an appliance certified under the 
Energy Star program established under 
section 324A of the Energy Policy and 
Conservation Act (42 U.S.C. 6294a); 
(vii) is an electronics product bearing 
the EPEAT certification; or 
(viii) is an energy-storage technology. 
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(4) COVERED
SMALL
BUSINESS.—The term 
‘‘covered small business’’ means— 
(A) a small business concern owned and 
controlled by socially and economically dis-
advantaged individuals (as defined in section 
8(d)(3)(C) of the Small Business Act (15 
U.S.C. 637(d)(3)(C))); 
(B) a small business concern owned and 
controlled by women (as defined in section 3 of 
that Act (15 U.S.C. 632)); and 
(C) a small business concern owned and 
controlled by veterans (as defined in section 3 
of that Act (15 U.S.C. 632)). 
(5) ELIGIBLE MATERIAL.—The term ‘‘eligible 
material’’ means a material for which the Secretary 
establishes a maximum global warming potential 
under section 4(b). 
(6) ENVIRONMENTALLY
RESPONSIBLE.—The 
term ‘‘environmentally responsible’’, with respect to 
a facility or manufacturing capability, means that— 
(A) the facility or manufacturing capability 
is in compliance with, or carried out in accord-
ance with, as applicable, all relevant energy effi-
ciency, environmental preference, and safety 
designations; and 
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(B) in the case of a facility, the facility is 
built or retrofitted with materials that minimize 
the use of— 
(i) energy; 
(ii) water; and 
(iii) material resources that produce 
pollutants or toxins, as determined by the 
Secretary. 
(7) FEDERAL BUILDING.—The term ‘‘Federal 
building’’ has the meaning given the term in section 
551 of the National Energy Conservation Policy Act 
(42 U.S.C. 8259). 
(8) FRONTLINE, VULNERABLE, AND DISADVAN-
TAGED COMMUNITY.—The term ‘‘frontline, vulner-
able, and disadvantaged community’’ means a com-
munity— 
(A) in an area described in section 301(a) 
of the Public Works and Economic Develop-
ment Act of 1965 (42 U.S.C. 3161(a)); and 
(B) in which climate change, pollution, or 
environmental destruction have exacerbated sys-
temic racial, regional, social, environmental, 
gender, and economic injustices by dispropor-
tionately affecting Black, Brown, and Indige-
nous peoples, other communities of color, mi-
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grant communities, deindustrialized commu-
nities, depopulated rural communities, the poor, 
low-income workers, women, the elderly, the 
unhoused, people with disabilities, or youth. 
(9) FUND.—The term ‘‘Fund’’ means the Clean 
Energy Fund established under section 3(a). 
(10) GLOBAL WARMING POTENTIAL.—The term 
‘‘global warming potential’’, with respect to an eligi-
ble material, means a measure that indicates how 
much energy the emissions of 1 ton of gases associ-
ated with the lifecycle of that eligible material, in-
cluding the manufacture, use, and disposal of that 
eligible material, will absorb, on average, over a 
given period of time, relative to the emissions of 1 
ton of carbon dioxide. 
(11) OVERSIGHT ADVISORY BOARD.—The term 
‘‘Oversight Advisory Board’’ means the Green Pro-
curement Oversight Advisory Board established 
under section 7. 
(12) RENEWABLE ENERGY SOURCE.—The term 
‘‘renewable energy source’’ means energy generated 
from a renewable source, including the following re-
newable energy sources: 
(A) Solar, including electricity. 
(B) Wind. 
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(C) Ocean, including tidal, wave, current, 
and thermal. 
(D) Geothermal, including electricity and 
heat pumps. 
(E) 
Hydroelectric 
generation 
capacity 
achieved from increased efficiency or additions 
of new capacity at an existing hydroelectric 
project that was placed in service on or after 
January 1, 1999. 
(F) Hydrogen derived from a renewable 
source of energy. 
(G) Thermal energy generated by any of 
the sources described in subparagraphs (A) 
through (F). 
(13) 
SECRETARY.—The 
term 
‘‘Secretary’’ 
means the Secretary of Energy. 
(14) SMALL BUSINESS.—The term ‘‘small busi-
ness’’ has the meaning given the term ‘‘small busi-
ness concern’’ in section 3 of the Small Business Act 
(15 U.S.C. 632). 
SEC. 3. CLEAN ENERGY FUND. 
(a) IN GENERAL.—Not later than January 1, 2023, 
the Secretary shall establish a fund in the Department of 
Energy, to be known as the ‘‘Clean Energy Fund’’. 
(b) USE OF FUND.— 
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(1) IN GENERAL.—The Secretary shall— 
(A) use amounts in the Fund— 
(i) to purchase covered products for 
use by the Secretary, including covered 
products relating to information technology 
and general supplies and services, in ac-
cordance with subsection (g) and section 5; 
(ii) to establish and carry out the 
grant programs under subsections (c) and 
(d); and 
(iii) to carry out the Federal building 
activities described in subsection (e); and 
(B) transfer amounts from the Fund— 
(i) to 1 or more Federal agencies (ex-
cluding the Department of Defense)— 
(I) to purchase covered products 
for use by the Federal agency, in ac-
cordance with subsection (g) and sec-
tion 5; and 
(II) to carry out the Federal 
building activities described in sub-
section (e); and 
(ii) to the Administrator of General 
Services to carry out subsection (f). 
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(2) PURCHASES FROM SMALL BUSINESSES.—Of 
the amounts from the Fund made available to a 
Federal agency in a fiscal year, the head of the Fed-
eral agency shall ensure that not less than 20 per-
cent is used to purchase covered products from small 
businesses and covered small businesses. 
(c) STATE, TRIBAL, AND
LOCAL
GOVERNMENT 
GRANT PROGRAM.— 
(1) IN GENERAL.—Not later than January 1, 
2023, the Secretary, in coordination with the Sec-
retary of the Treasury, shall establish a green pro-
curement grant program under which the Secretary 
shall provide grants on a competitive basis to States, 
Indian Tribes, and units of local government to pur-
chase covered products for use by the State, Indian 
Tribe, or unit of local government, as applicable, in 
accordance with subsection (g), section 5, and the 
labor requirements under section 6. 
(2) SELECTION OF GRANT RECIPIENTS.—The 
Secretary shall— 
(A) share with the Oversight Advisory 
Board applications received under the grant 
program established under paragraph (1); and 
(B) in coordination with the Secretary of 
the Treasury, select grant recipients under that 
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program after receiving the recommendations of 
the Oversight Advisory Board relating to grant 
recipients. 
(3) 
DISTRIBUTION
OF
GRANTS.—Of 
the 
amounts available in the Fund in a fiscal year to 
carry out the program under paragraph (1), the Sec-
retary shall ensure that— 
(A) not less than 60 percent but not more 
than 65 percent of the amount of a grant 
awarded to a State, Indian Tribe, or unit of 
local government shall be used to purchase cov-
ered products for use in urban areas located in 
or under the jurisdiction of the State, Indian 
Tribe, or unit of local government, as applica-
ble; 
(B) not less than 40 percent of the amount 
of a grant awarded to a State, Indian Tribe, or 
unit of local government shall be used to pur-
chase covered products for use in frontline, vul-
nerable, and disadvantaged communities located 
in or under the jurisdiction of the State, Indian 
Tribe, or unit of local government, as applica-
ble; and 
(C) not less than 20 percent of the amount 
of a grant awarded to a State, Indian Tribe, or 
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unit of local government shall be used to pur-
chase covered products from small businesses 
and covered small businesses. 
(4) PRIORITY FOR SCHOOL BUS ELECTRIFICA-
TION.—In providing grants under paragraph (1), the 
Secretary shall give priority to States, Indian Tribes, 
and units of local government that will use the grant 
for the electrification of school buses in frontline, 
vulnerable, and disadvantaged communities and sub-
sequently in all other communities located in or 
under the jurisdiction of the State, Indian Tribe, or 
unit of local government, as applicable. 
(5) DURATION
OF
GRANT.—Funds provided 
under a grant under paragraph (1) shall be available 
to the State, Indian Tribe, or unit of local govern-
ment receiving the grant for not less than 3 years 
after the date on which the funds are provided. 
(d) INDUSTRY GRANTS.— 
(1) DEFINITIONS.—In this subsection: 
(A) ELIGIBLE ENTITY.— 
(i) IN GENERAL.—The term ‘‘eligible 
entity’’ means a company that— 
(I) is organized under the laws of 
the United States or any jurisdiction 
within the United States; or 
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(II) is otherwise subject to the 
jurisdiction of the United States. 
(ii) EXCLUSION.—The term ‘‘eligible 
entity’’ does not include a foreign branch 
of a company described in clause (i). 
(B) GREENHOUSE
GAS
EMISSIONS.—The 
term ‘‘greenhouse gas emissions’’ means emis-
sions of any of the following gases: 
(i) Carbon dioxide. 
(ii) Methane. 
(iii) Nitrous oxide. 
(iv) Hydrofluorocarbons. 
(v) Perfluorocarbons. 
(vi) Sulfur hexafluoride. 
(vii) Nitrogen trifluoride. 
(2) ESTABLISHMENT.—Not later than January 
1, 2022, the Secretary shall establish a program 
under which the Secretary shall provide grants, on 
a competitive basis, to eligible entities— 
(A) to retrofit or otherwise upgrade facili-
ties that produce covered products, including to 
make those facilities environmentally respon-
sible; and 
(B) for the development of environmentally 
responsible manufacturing capabilities to bol-
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ster the production of covered products, includ-
ing by— 
(i) constructing new environmentally 
responsible facilities in the United States 
for the production of covered products; and 
(ii) retrofitting or otherwise upgrading 
existing facilities in the United States— 
(I) to produce covered products; 
and 
(II) to make those facilities envi-
ronmentally responsible. 
(3) SELECTION
OF
GRANT
RECIPIENTS.—In 
providing grants under paragraph (2), the Secretary 
shall— 
(A) share grant applications with the Over-
sight Advisory Board; 
(B) select grant recipients after receiving 
the recommendations of the Oversight Advisory 
Board relating to grant recipients; 
(C) consider— 
(i) any labor, health or safety, or dis-
crimination charges filed against the eligi-
ble entity in the preceding 2 years; 
(ii) any violations of the National 
Labor Relations Act (29 U.S.C. 151 et 
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seq.) reported to the National Labor Rela-
tions Board in the preceding 2 years; 
(iii) as applicable, whether wages and 
benefits for auto workers are not less than 
the industry standards for wages and bene-
fits for auto workers who are represented 
by a labor organization; 
(iv) whether jobs created for purposes 
of activities supported through the grant 
will be permanent positions, rather than 
temporary or contingent positions; 
(v) whether training required under 
the Occupational Safety and Health Act of 
1970 (29 U.S.C. 651 et seq.) will be pro-
vided for employees, including any safety 
supervisors; 
(vi) the policy of the eligible entity 
with respect to coverage of workers’ com-
pensation; and 
(vii) whether the work sites that will 
be used for activities supported through 
the grant have independent health and 
safety monitoring policies; and 
(D) prioritize applications that specify that 
the eligible entity— 
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(i) participates or will participate in a 
registered apprenticeship program; or 
(ii) prioritizes the employment of indi-
viduals trained and certified by labor orga-
nizations, or joint labor-management orga-
nizations, that promote a skilled workforce 
with high standards for quality and safety. 
(4) REQUIREMENT.—An eligible entity receiving 
a grant under paragraph (2) shall comply with the 
labor requirements under section 6 with respect to 
the activities carried out using, or otherwise sup-
ported by, the grant. 
(5) SUBMISSION OF ENVIRONMENTAL PRODUCT 
DECLARATION.—The Secretary shall require each el-
igible entity to which the Secretary awards a grant 
under paragraph (2) to submit to the Secretary, for 
each eligible material proposed to be used in the ap-
plicable project— 
(A) a current facility-specific Environ-
mental Product Declaration, Type III (as de-
fined by the International Organization for 
Standardization standard 14025); or 
(B) a declaration made under a similarly 
robust lifecycle assessment method that has— 
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(i) uniform standards in data collec-
tion consistent with that standard; 
(ii) industry acceptance; and 
(iii) integrity. 
(6) CERTIFICATIONS.—The Secretary shall re-
quire that any application for a grant under para-
graph (2) shall include a certification that the facil-
ity-specific global warming potential for any eligible 
material proposed to be used in that project does not 
exceed the maximum acceptable global warming po-
tential established under paragraph (1) of section 
4(b) (as adjusted under paragraph (2)(A)(ii) of that 
section, if applicable) for that eligible material. 
(7) GOAL.—In carrying out this subsection, the 
Secretary shall strive to achieve a continuous reduc-
tion of greenhouse gas emissions over time. 
(8) PURCHASES FROM SMALL BUSINESSES.—Of 
the amounts made available under subsection (j) in 
a fiscal year to carry out the grant program estab-
lished under paragraph (2), the Secretary shall en-
sure that not less than 20 percent is used to provide 
grants under that program to eligible entities that 
are small businesses or covered small businesses. 
(9) REPORT ON IMPLEMENTATION AND EFFEC-
TIVENESS.—Not later than January 1, 2023, the 
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Secretary shall submit to the appropriate committees 
of Congress and the Oversight Advisory Board a re-
port describing— 
(A) any obstacles to the implementation of 
the grant program established under this sub-
section; 
(B) the effectiveness of the grant program 
in reducing— 
(i) greenhouse gas emissions; and 
(ii) the global warming potential for 
eligible materials; and 
(C) the effectiveness of the grant program 
in— 
(i) creating and maintaining jobs in 
the United States that comply with the 
labor requirements under section 6; and 
(ii) protecting the rights of workers in 
the United States, including the right of 
certain workers to organize and bargain 
collectively. 
(e) FEDERAL BUILDING ACTIVITIES.—The Federal 
building activities referred to in subsection (b) are, with 
respect to a Federal agency, activities— 
(1) to construct new, modern Federal buildings 
of that Federal agency, including new hospitals, 
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medical centers, and clinics in the case of the De-
partment of Veterans Affairs, that are sustainable 
and resilient, including through the purchase of low- 
carbon materials for that construction; and 
(2) to modernize, and improve the sustainability 
and resilience of, Federal buildings of that Federal 
agency, including hospitals, medical centers, and 
clinics in the case of the Department of Veterans Af-
fairs, including through— 
(A) the purchase of low-carbon materials 
for retrofitting, remodeling, or otherwise im-
proving Federal buildings; and 
(B) the purchase of clean power for Fed-
eral buildings. 
(f) REPLACEMENT
OF FEDERAL FLEET.—Using 
amounts from the Fund, the Administrator of General 
Services shall purchase zero-emission vehicles to replace 
the existing Federal fleet (as defined by the term ‘‘fleet’’ 
in section 301 of the Energy Policy Act of 1992 (42 
U.S.C. 13211)) so that by the end of fiscal year 2030 the 
entire Federal fleet consists of zero-emission vehicles. 
(g) PRIORITY
FOR PURCHASING COVERED PROD-
UCTS.—A Federal agency, State, Indian Tribe, or unit of 
local government purchasing covered products pursuant to 
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this section shall give priority to purchasing covered prod-
ucts that— 
(1) are made from renewable and recycled re-
sources (including biobased products); 
(2) have lower lifecycle emissions than com-
parable products; and 
(3) are designed for— 
(A) reducing environmental impacts; and 
(B) recycling. 
(h) BUY AMERICAN.— 
(1) IN
GENERAL.—Chapter 83 of title 41, 
United States Code, shall apply with respect to pur-
chases of covered products made pursuant to this 
section— 
(A) by a Federal agency; and 
(B) in the case of purchases by a non-Fed-
eral entity, in the same manner in which that 
chapter applies to the Federal Government. 
(2) EXCEPTIONS AND WAIVERS.—The Secretary 
shall, to the maximum extent practicable, minimize 
the number of exceptions and waivers granted under 
chapter 83 of title 41, United States Code, with re-
spect to purchases of covered products made pursu-
ant to this section. 
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(i) REPORT.—Not less frequently than once each fis-
cal year, the Secretary shall submit to the appropriate 
committees of Congress and the Oversight Advisory Board 
a report that— 
(1) describes the activities carried out using 
amounts in the Fund, including data on the clean 
power purchased under subsection (e)(2)(B); 
(2) includes data on the covered products pur-
chased pursuant to those activities; and 
(3) includes data on compliance with subsection 
(h). 
(j) AUTHORIZATION OF APPROPRIATIONS.—There is 
authorized 
to 
be 
appropriated 
to 
the 
Fund 
$1,500,000,000,000 for the period of fiscal years 2022 
through 2031, to remain available until January 1, 2042, 
of which not less than— 
(1) $750,000,000,000 shall be used to carry out 
the grant program established under subsection (c); 
and 
(2) $250,000,000,000 shall be used to carry out 
the grant program established under subsection (d). 
SEC. 4. DEPARTMENT OF ENERGY. 
(a) SENIOR PROCUREMENT OFFICER.—The Sec-
retary shall— 
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(1) be designated as the senior procurement of-
ficer for the Department of Energy; and 
(2) coordinate with the Director of the Office of 
Management and Budget in carrying out procure-
ment for the Department of Energy. 
(b) MAXIMUM ACCEPTABLE GLOBAL WARMING PO-
TENTIAL OF ELIGIBLE MATERIALS.— 
(1) ESTABLISHMENT.— 
(A) IN GENERAL.—Not later than January 
1, 2022, the Secretary shall establish, and pub-
lish in the Federal Register— 
(i) an initial list of materials for 
which the Secretary shall establish a max-
imum acceptable global warming potential 
under this subsection; and 
(ii) the maximum acceptable global 
warming potential for each material identi-
fied on that list, as determined in accord-
ance with subparagraph (B). 
(B) REQUIREMENTS.— 
(i) INDUSTRY AVERAGE.— 
(I) IN GENERAL.—The maximum 
acceptable global warming potential 
for an eligible material under sub-
paragraph (A) shall be expressed as a 
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number that is equal to the industry 
average 
of 
facility-specific 
global 
warming potential emissions for that 
eligible material, as determined under 
subclause (II). 
(II) DETERMINATION.—The Sec-
retary shall determine the industry 
average described in subclause (I) for 
an eligible material by consulting na-
tionally or internationally recognized 
databases of environmental product 
declarations. 
(ii) CONSISTENCY
WITH
ENVIRON-
MENTAL
PRODUCT
DECLARATION.—Each 
maximum acceptable global warming po-
tential established under subparagraph (A) 
shall be established in a manner that is 
consistent with the requirements of an en-
vironmental product declaration. 
(C) REPORT.—Not later than January 1, 
2023, the Secretary shall submit to the appro-
priate committees of Congress and the Over-
sight Advisory Board a report that describes 
the method that the Secretary used to develop 
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for an eligible material under paragraph (1), 
the Secretary may not adjust that maximum ac-
ceptable global warming potential upward. 
SEC. 5. REQUIREMENTS FOR PROCUREMENT OF COVERED 
PRODUCTS. 
An entity procuring a covered product pursuant to 
this Act shall ensure that the procurement— 
(1) is conducted in compliance with all applica-
ble laws regarding fair and open competition in con-
tracting; 
(2) is subject to appropriate cost controls; 
(3) provides for whistleblower protections for 
employees of contractors and subcontractors; 
(4) requires contractors and subcontractors to 
retain records pertinent to contract performance; 
(5) requires contractors to submit to the entity 
audited financial statements covering the contract 
performance period; and 
(6) is conducted in compliance with section 552 
of title 5, United States Code (commonly known as 
the ‘‘Freedom of Information Act’’) and other appli-
cable open records laws. 
SEC. 6. LABOR REQUIREMENTS. 
(a) DEFINITIONS.—In this section: 
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(1) COVERED ACTIVITIES.—The term ‘‘covered 
activities’’ means— 
(A) with respect to a covered entity de-
scribed in subparagraph (A) of paragraph (2), 
activities involving producing or manufacturing 
a covered product; or 
(B) with respect to a covered entity de-
scribed in subparagraph (B) of such paragraph, 
activities supported by the grant. 
(2) COVERED ENTITY.—The term ‘‘covered en-
tity’’ means— 
(A) an entity producing or manufacturing 
a 
product 
as 
described 
in 
section 
2(3)(A)(ii)(I)(cc); or 
(B) an entity receiving a grant under this 
Act. 
(b) REQUIREMENTS.—The labor requirements under 
this section with respect to a covered entity are each of 
the following: 
(1) MINIMUM WAGE.— 
(A) IN
GENERAL.—The covered entity 
shall ensure that all employees of the covered 
entity, and of any contractor or subcontractor 
of the covered entity with respect to the covered 
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activities, who are engaged in the covered ac-
tivities shall be paid at a rate of not less than— 
(i) $15.00 an hour, beginning on the 
date of enactment of this Act; and 
(ii) beginning on the date that is 1 
year after such date of enactment, and an-
nually thereafter, the greater of— 
(I) the amount in effect under 
this subparagraph for the preceding 
year, increased by the annual percent-
age increase, if any, in the median 
hourly wage of all employees as deter-
mined by the Bureau of Labor Statis-
tics and rounded up to the nearest 
multiple of $0.05; or 
(II) 10 percent more than the 
minimum wage applicable under sec-
tion 6 of the Fair Labor Standards 
Act of 1938 (29 U.S.C. 206). 
(B) CALCULATION.—In calculating the an-
nual percentage increase in the median hourly 
wage of all employees for purposes of subpara-
graph (A)(ii)(I), the Secretary of Labor, 
through the Bureau of Labor Statistics, shall— 
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(i) compile data on the hourly wages 
of all employees to determine such a me-
dian hourly wage; and 
(ii) compare such median hourly wage 
for the most recent year for which data are 
available with the median hourly wage de-
termined for the preceding year. 
(C) REQUIREMENTS APPLICABLE TO CON-
STRUCTION.—Notwithstanding any other re-
quirement in this section, all laborers and me-
chanics employed by contractors or subcontrac-
tors in the performance of construction, alter-
ation, or repair work assisted, in whole or in 
part, with a grant under this Act shall be paid 
wages at rates not less than those prevailing on 
similar construction, alteration, or repair work 
in the locality as determined by the Secretary 
of Labor in accordance with subchapter IV of 
chapter 31 of title 40, United States Code. The 
Secretary of Labor shall have, with respect to 
such labor standards, the authority and func-
tions set forth in Reorganization Plan Num-
bered 14 of 1950 (64 Stat. 1267; 5 U.S.C. 
App.) and section 3145 of title 40, United 
States Code. 
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(D) REQUIREMENTS APPLICABLE TO VEHI-
CLE PRODUCTION.— 
(i) DEFINITIONS.—In this subpara-
graph: 
(I) 
COVERED
PRODUCTION 
WORKER.—The term ‘‘covered produc-
tion worker’’ means a worker who— 
(aa) is employed by an es-
tablishment in the Motor Vehicle 
Manufacturing industry (Code 
3361 of the North American In-
dustry Classification System); 
(bb) is directly involved in 
the production of a vehicle; and 
(cc) is not a manager, engi-
neer, or involved in research and 
development, or does not have a 
skilled trade. 
(II) INDUSTRY STANDARD WAGE 
RATE.—The term ‘‘industry standard 
wage rate’’, with respect to covered 
production workers, means the median 
wage rate for all covered production 
workers, as determined by the Sec-
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retary of Labor in accordance with 
clause (iv). 
(III) 
TOP
EARNING
WAGE 
RATE.—The term ‘‘top earning wage 
rate’’ means the value of the wage 
rate for which 75 percent of covered 
production workers earn less, as de-
termined by the Secretary of Labor in 
accordance with clause (iv). 
(ii) MINIMUM WAGE RATE.—Notwith-
standing any other requirement in this sec-
tion, the covered entity shall ensure that— 
(I) the average rate of pay for all 
covered production workers employed, 
directly by a manufacturer or through 
a subcontractor or employment serv-
ices agency, in the performance of 
covered activities is not less than the 
industry standard wage rate for cov-
ered production workers; and 
(II) all covered production work-
ers described in subclause (I) are paid 
not less than the rate in effect under 
subparagraph (A). 
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