I 
118TH CONGRESS 
2D SESSION H. R. 10428 
To support and fund the Federal procurement of clean energy products, 
and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
DECEMBER 16, 2024 
Mr. HUFFMAN introduced the following bill; which was referred to the Com-
mittee on Energy and Commerce, and in addition to the Committees on 
Oversight and Accountability, and Transportation and Infrastructure, for 
a period to be subsequently determined by the Speaker, in each case for 
consideration of such provisions as fall within the jurisdiction of the com-
mittee 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 
2024’’. 
SEC. 2. DEFINITIONS. 
In this Act: 
VerDate Sep 11 2014 
00:45 Jan 22, 2025
Jkt 059200
PO 00000
Frm 00001
Fmt 6652
Sfmt 6201
E:\BILLS\H10428.IH
H10428
ssavage on LAPJG3WLY3PROD with BILLS
(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— 
VerDate Sep 11 2014 
00:45 Jan 22, 2025
Jkt 059200
PO 00000
Frm 00002
Fmt 6652
Sfmt 6201
E:\BILLS\H10428.IH
H10428
ssavage on LAPJG3WLY3PROD with BILLS
(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, including by encouraging a 
shift away from more energy-in-
VerDate Sep 11 2014 
00:45 Jan 22, 2025
Jkt 059200
PO 00000
Frm 00003
Fmt 6652
Sfmt 6201
E:\BILLS\H10428.IH
H10428
ssavage on LAPJG3WLY3PROD with BILLS
tensive or resource-extraction-in-
tensive products. 
(B) 
INCLUSIONS.—The 
term 
‘‘covered 
product’’ includes a product described in sub-
paragraph (A)(ii) that— 
(i) is a nonmotorized alternative mode 
of transportation; 
(ii) is a zero-emission vehicle; 
(iii) is a zero-emission form of public 
transportation, including high-speed rail; 
(iv) is a product or low-carbon mate-
rial used to design, construct, or retrofit 
buildings, including a product bearing the 
Green Seal certification; 
(v) improves the energy efficiency 
measures of facilities to make facilities en-
vironmentally responsible; 
(vi) is a product used to maintain or 
clean buildings; 
(vii) 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); 
VerDate Sep 11 2014 
00:45 Jan 22, 2025
Jkt 059200
PO 00000
Frm 00004
Fmt 6652
Sfmt 6201
E:\BILLS\H10428.IH
H10428
ssavage on LAPJG3WLY3PROD with BILLS
(viii) is an electronics product bearing 
the Electronic Product Environmental As-
sessment Tool certification; or 
(ix) is an energy storage technology. 
(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— 
VerDate Sep 11 2014 
00:45 Jan 22, 2025
Jkt 059200
PO 00000
Frm 00005
Fmt 6652
Sfmt 6201
E:\BILLS\H10428.IH
H10428
ssavage on LAPJG3WLY3PROD with BILLS
(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 
(B) in the case of a facility, the facility is 
built or retrofitted with materials that minimize 
the use of— 
(i) energy; 
(ii) water; 
(iii) waste; and 
(iv) 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)); 
VerDate Sep 11 2014 
00:45 Jan 22, 2025
Jkt 059200
PO 00000
Frm 00006
Fmt 6652
Sfmt 6201
E:\BILLS\H10428.IH
H10428
ssavage on LAPJG3WLY3PROD with BILLS
(B) in which climate change, pollution, or 
environmental destruction has 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-
grant communities, deindustrialized commu-
nities, depopulated rural communities, the poor, 
low-income workers, women, the elderly, the 
unhoused, people with disabilities, or youth; 
(C) eligible for assistance under the 
Justice40 Initiative described in section 223 of 
Executive Order 14008 (42 U.S.C. 4321 note; 
relating to tackling the climate crisis at home 
and abroad); or 
(D) located in a census tract that has a 
high energy burden. 
(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 life cycle of that eligible material, in-
cluding the manufacture, use, and disposal of that 
VerDate Sep 11 2014 
00:45 Jan 22, 2025
Jkt 059200
PO 00000
Frm 00007
Fmt 6652
Sfmt 6201
E:\BILLS\H10428.IH
H10428
ssavage on LAPJG3WLY3PROD with BILLS
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. 
(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. 
VerDate Sep 11 2014 
00:45 Jan 22, 2025
Jkt 059200
PO 00000
Frm 00008
Fmt 6652
Sfmt 6201
E:\BILLS\H10428.IH
H10428
ssavage on LAPJG3WLY3PROD with BILLS
(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. ESTABLISHMENT OF CLEAN ENERGY FUND. 
(a) IN GENERAL.—Not later than January 1, 2026, 
the Secretary shall establish a fund in the Department of 
Energy, to be known as the ‘‘Clean Energy Fund’’. 
(b) USE OF FUND.— 
(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 
VerDate Sep 11 2014 
00:45 Jan 22, 2025
Jkt 059200
PO 00000
Frm 00009
Fmt 6652
Sfmt 6201
E:\BILLS\H10428.IH
H10428
ssavage on LAPJG3WLY3PROD with BILLS
(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). 
(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, 
2026, the Secretary, in coordination with the Sec-
retary of the Treasury, shall establish a green pro-
VerDate Sep 11 2014 
00:45 Jan 22, 2025
Jkt 059200
PO 00000
Frm 00010
Fmt 6652
Sfmt 6201
E:\BILLS\H10428.IH
H10428
ssavage on LAPJG3WLY3PROD with BILLS
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 
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-
VerDate Sep 11 2014 
00:45 Jan 22, 2025
Jkt 059200
PO 00000
Frm 00011
Fmt 6652
Sfmt 6201
E:\BILLS\H10428.IH
H10428
ssavage on LAPJG3WLY3PROD with BILLS
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 
(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. 
VerDate Sep 11 2014 
00:45 Jan 22, 2025
Jkt 059200
PO 00000
Frm 00013
Fmt 6652
Sfmt 6201
E:\BILLS\H10428.IH
H10428
ssavage on LAPJG3WLY3PROD with BILLS
(iii) Nitrous oxide. 
(iv) Hydrofluorocarbons. 
(v) Perfluorocarbons. 
(vi) Sulfur hexafluoride. 
(vii) Nitrogen trifluoride. 
(2) ESTABLISHMENT.—Not later than January 
1, 2026, 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-
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 
VerDate Sep 11 2014 
00:45 Jan 22, 2025
Jkt 059200
PO 00000
Frm 00014
Fmt 6652
Sfmt 6201
E:\BILLS\H10428.IH
H10428
ssavage on LAPJG3WLY3PROD with BILLS
(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 
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 
VerDate Sep 11 2014 
00:45 Jan 22, 2025
Jkt 059200
PO 00000
Frm 00015
Fmt 6652
Sfmt 6201
E:\BILLS\H10428.IH
H10428
ssavage on LAPJG3WLY3PROD with BILLS
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— 
(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 
VerDate Sep 11 2014 
00:45 Jan 22, 2025
Jkt 059200
PO 00000
Frm 00016
Fmt 6652
Sfmt 6201
E:\BILLS\H10428.IH
H10428
ssavage on LAPJG3WLY3PROD with BILLS
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, Type III en-
vironmental product declaration (as defined by 
the International Organization for Standardiza-
tion standard 14025); or 
(B) a declaration made under a similarly 
robust life cycle assessment method that has— 
(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-
VerDate Sep 11 2014 
00:45 Jan 22, 2025
Jkt 059200
PO 00000
Frm 00017
Fmt 6652
Sfmt 6201
E:\BILLS\H10428.IH
H10428
ssavage on LAPJG3WLY3PROD with BILLS
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, 2026, the 
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 
VerDate Sep 11 2014 
00:45 Jan 22, 2025
Jkt 059200
PO 00000
Frm 00018
Fmt 6652
Sfmt 6201
E:\BILLS\H10428.IH
H10428
ssavage on LAPJG3WLY3PROD with BILLS
(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, 
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— 
VerDate Sep 11 2014 
00:45 Jan 22, 2025
Jkt 059200
PO 00000
Frm 00019
Fmt 6652
Sfmt 6201
E:\BILLS\H10428.IH
H10428
ssavage on LAPJG3WLY3PROD with BILLS
(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 2033 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 
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.— 
VerDate Sep 11 2014 
00:45 Jan 22, 2025
Jkt 059200
PO 00000
Frm 00020
Fmt 6652
Sfmt 6201
E:\BILLS\H10428.IH
H10428
ssavage on LAPJG3WLY3PROD with BILLS
(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. 
(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). 
VerDate Sep 11 2014 
00:45 Jan 22, 2025
Jkt 059200
PO 00000
Frm 00021
Fmt 6652
Sfmt 6201
E:\BILLS\H10428.IH
H10428
ssavage on LAPJG3WLY3PROD with BILLS
(j) AUTHORIZATION OF APPROPRIATIONS.—There is 
authorized 
to 
be 
appropriated 
to 
the 
Fund 
$1,500,000,000,000 for the period of fiscal years 2026 
through 2035, to remain available until January 1, 2045, 
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. PROCUREMENT PRACTICES FOR THE DEPARTMENT 
OF ENERGY. 
(a) SENIOR PROCUREMENT OFFICER.—The Sec-
retary shall— 
(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, 2025, the Secretary shall establish, and pub-
lish in the Federal Register— 
VerDate Sep 11 2014 
00:45 Jan 22, 2025
Jkt 059200
PO 00000
Frm 00022
Fmt 6652
Sfmt 6201
E:\BILLS\H10428.IH
H10428
ssavage on LAPJG3WLY3PROD with BILLS
(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 
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 
VerDate Sep 11 2014 
00:45 Jan 22, 2025
Jkt 059200
PO 00000
Frm 00023
Fmt 6652
Sfmt 6201
E:\BILLS\H10428.IH
H10428
ssavage on LAPJG3WLY3PROD with BILLS
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, 
2026, 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 
the maximum global warming potential for each 
eligible material under subparagraph (A). 
(2) REVIEW AND ADJUSTMENT.— 
(A) IN GENERAL.—Not later than January 
1, 2029, and every 3 years thereafter through 
2045, the Secretary— 
(i) shall review the maximum accept-
able global warming potential established 
under paragraph (1) for each eligible mate-
rial; and 
VerDate Sep 11 2014 
00:45 Jan 22, 2025
Jkt 059200
PO 00000
Frm 00024
Fmt 6652
Sfmt 6201
E:\BILLS\H10428.IH
H10428
ssavage on LAPJG3WLY3PROD with BILLS
(ii) may adjust that maximum accept-
able global warming potential for an eligi-
ble material downward to reflect industry 
improvements if the Secretary, based on 
the 
process 
described 
in 
paragraph 
(1)(B)(i)(II), determines that the industry 
average has changed. 
(B) PUBLICATION.—If the Secretary ad-
justs the maximum acceptable global warming 
potential of an eligible material downward 
under subparagraph (A)(ii), the Secretary shall 
publish the updated maximum global warming 
potential in the Federal Register. 
(C) PROHIBITION.—After establishing the 
maximum acceptable global warming potential 
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; 
VerDate Sep 11 2014 
00:45 Jan 22, 2025
Jkt 059200
PO 00000
Frm 00025
Fmt 6652
Sfmt 6201
E:\BILLS\H10428.IH
H10428
ssavage on LAPJG3WLY3PROD with BILLS
(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: 
(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 described in 
such subparagraph. 
VerDate Sep 11 2014 
00:45 Jan 22, 2025
Jkt 059200
PO 00000
Frm 00026
Fmt 6652
Sfmt 6201
E:\BILLS\H10428.IH
H10428
ssavage on LAPJG3WLY3PROD with BILLS
(2) COVERED ENTITY.—The term ‘‘covered en-
tity’’ means— 
(A) an entity producing or manufacturing 
a covered product; 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.—All employees employed 
in the performance of covered activities shall be 
paid at a rate of not less than— 
(i) $17.00 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 amount in effect 
under this subparagraph for the preceding 
year, increased by the annual percentage 
increase, if any, in the median hourly wage 
of all employees as determined by the Bu-
reau of Labor Statistics and rounded up to 
the nearest multiple of $0.05 (if not other-
wise a multiple of $0.05). 
VerDate Sep 11 2014 
00:45 Jan 22, 2025
Jkt 059200
PO 00000
Frm 00027
Fmt 6652
Sfmt 6201
E:\BILLS\H10428.IH
H10428
ssavage on LAPJG3WLY3PROD with BILLS
(B) CALCULATION.—In calculating the an-
nual percentage increase in the median hourly 
wage of all employees for purposes of subpara-
graph (A)(ii), the Secretary of Labor, through 
the Bureau of Labor Statistics, shall— 
(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) PREVAILING
WAGES
FOR
LABORERS 
AND MECHANICS.— 
(i) IN
GENERAL.—All laborers and 
mechanics employed by a covered entity in 
the performance of construction, alteration, 
or repair work carried out with respect to 
covered activities shall be paid wages at 
rates not less than the greater of— 
(I) the rates prevailing on similar 
construction in the locality as deter-
mined by the Secretary of Labor in 
accordance with subchapter IV of 
VerDate Sep 11 2014 
00:45 Jan 22, 2025
Jkt 059200
PO 00000
Frm 00028
Fmt 6652
Sfmt 6201
E:\BILLS\H10428.IH
H10428
ssavage on LAPJG3WLY3PROD with BILLS
chapter 31 of title 40, United States 
Code; or 
(II) the rate required under sub-
paragraph (A). 
(ii) AUTHORITIES.—With respect to 
the labor standards specified in clause 
(i)(I), the Secretary of Labor shall have 
the authority and functions set forth in 
Reorganization Plan Numbered 14 of 1950 
(64 Stat. 1267; 5 U.S.C. App.) and section 
3145 of title 40, United States Code. 
(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 
VerDate Sep 11 2014 
00:45 Jan 22, 2025
Jkt 059200
PO 00000
Frm 00029
Fmt 6652
Sfmt 6201
E:\BILLS\H10428.IH
H10428
ssavage on LAPJG3WLY3PROD with BILLS
(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-
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 
VerDate Sep 11 2014 
00:45 Jan 22, 2025
Jkt 059200
PO 00000
Frm 00030
Fmt 6652
Sfmt 6201
E:\BILLS\H10428.IH
H10428
ssavage on LAPJG3WLY3PROD with BILLS
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). 
(iii) PATHWAY TO TOP EARNING WAGE 
RATE.—The covered entity shall ensure 
that all covered production workers em-
ployed, directly by a manufacturer or 
through a subcontractor or employment 
services agency, in the performance of cov-
ered activities, are covered by a policy de-
termined in a labor organization contract 
or a written company policy that provides, 
to the extent practicable, a pathway for 
such workers to earn the top earning wage 
rate not later than 7 years after beginning 
such employment. 
(iv) DETERMINING WAGES OF WORK-
ERS IN THE INDUSTRY.—For purposes of 
this subparagraph, in determining for a 
VerDate Sep 11 2014 
00:45 Jan 22, 2025
Jkt 059200
PO 00000
Frm 00031
Fmt 6652
Sfmt 6201
E:\BILLS\H10428.IH
H10428
ssavage on LAPJG3WLY3PROD with BILLS
year the industry standard wage rate and 
the top earning wage rate, the Secretary of 
Labor shall use the National Industry-Spe-
cific Occupational Employment and Wage 
Estimates, for the preceding year, for the 
Motor Vehicle Manufacturing industry 
(Code 3361 of the North American Indus-
try Classification System) for the occupa-
tion of Assemblers and Fabricators (Occu-
pational Code 51–2000 of the Occupational 
Employment Statistics of the Bureau of 
Labor Statistics). 
(2) EMPLOYEE PROTECTIVE ARRANGEMENTS.— 
The covered entity shall ensure the interests of em-
ployees employed in the performance of covered ac-
tivities shall be protected under arrangements the 
Secretary of Labor concludes are fair and equitable 
in accordance with section 5333(b) of title 49, 
United States Code, and meet the requirements of 
such section. Any solicitation for a grant under this 
Act shall specify the arrangements. 
(3) 
NEUTRALITY
TOWARD
ORGANIZED 
LABOR.—The covered entity shall have— 
(A) an explicit policy of neutrality with re-
gard to— 
VerDate Sep 11 2014 
00:45 Jan 22, 2025
Jkt 059200
PO 00000
Frm 00032
Fmt 6652
Sfmt 6201
E:\BILLS\H10428.IH
H10428
ssavage on LAPJG3WLY3PROD with BILLS
(i) labor organizing for the employees 
of the covered entity employed in the per-
formance of covered activities; and 
(ii) such employees’ choice to form 
and join labor organizations; and 
(B) policies that require— 
(i) the posting and maintenance of no-
tices in the workplace to such employees of 
their rights under the National Labor Re-
lations Act (29 U.S.C. 151 et seq.); and 
(ii) that such employees are, at the 
beginning of their employment in the per-
formance of covered activities, provided no-
tice and information regarding the employ-
ees’ rights under such Act. 
(4) PAID FAMILY AND MEDICAL LEAVE.—The 
covered entity shall have an explicit policy providing 
all employees employed in the performance of any 
covered activity not less than 12 workweeks of paid 
leave in a 12-month period for any purpose de-
scribed in section 102(a)(1) of the Family and Med-
ical Leave Act of 1993 (29 U.S.C. 2612(a)(1)), in 
accordance with regulations promulgated by the Sec-
retary of Labor. 
(5) FAIR SCHEDULING.— 
VerDate Sep 11 2014 
00:45 Jan 22, 2025
Jkt 059200
PO 00000
Frm 00033
Fmt 6652
Sfmt 6201
E:\BILLS\H10428.IH
H10428
ssavage on LAPJG3WLY3PROD with BILLS
(A) IN
GENERAL.—The covered entity 
shall have an explicit policy for fair scheduling 
for employees employed in the performance of 
any covered activity, which shall include— 
(i) an opportunity for the employee to 
request— 
(I) an adjustment in the number 
of hours, work location, or times of 
the employee’s work schedule; 
(II) a change in the amount of 
notification provided to the employee 
regarding the work schedule; or 
(III) the minimizing of fluctua-
tions in the number of hours the em-
ployee is scheduled to work on a daily, 
weekly, or monthly basis; and 
(ii) a timely, good faith interactive 
process through which the covered entity 
and employee discuss the employee’s re-
quest under clause (i) and the covered en-
tity grants the request or suggests any al-
ternatives that might meet the employee’s 
needs. 
VerDate Sep 11 2014 
00:45 Jan 22, 2025
Jkt 059200
PO 00000
Frm 00034
Fmt 6652
Sfmt 6201
E:\BILLS\H10428.IH
H10428
ssavage on LAPJG3WLY3PROD with BILLS
(B) EXCEPTION.—Subparagraph (A) shall 
not apply to any employee covered by a valid 
collective bargaining agreement if— 
(i) the terms of the collective bar-
gaining agreement include terms that gov-
ern work scheduling practices; and 
(ii) the provisions of such subpara-
graph are expressly waived in such collec-
tive bargaining agreement. 
(6) PREFERENCES IN HIRING.—The covered en-
tity shall have explicit policies that provide— 
(A) a preference for local hiring for all cov-
ered activities, consistent with applicable Fed-
eral law and subject to rules issued by the Sec-
retary of Labor; and 
(B) a preference for the hiring of individ-
uals from frontline, vulnerable, or disadvan-
taged communities for covered activities. 
(7) REQUIREMENT
REGARDING
SUBCONTRAC-
TORS.—The covered entity shall require that each 
subcontractor of the covered entity for covered ac-
tivities comply with the requirements of this sub-
section with respect to all employees of the subcon-
tractor employed in the performance of the covered 
activities. 
VerDate Sep 11 2014 
00:45 Jan 22, 2025
Jkt 059200
PO 00000
Frm 00035
Fmt 6652
Sfmt 6201
E:\BILLS\H10428.IH
H10428
ssavage on LAPJG3WLY3PROD with BILLS
(c) DETERMINING EMPLOYMENT RELATIONSHIP.— 
For purposes of this section, an individual performing any 
service in the performance of covered activities for a cov-
ered entity shall be considered an employee, and not an 
independent contractor, of that covered entity, unless— 
(1) the individual is free from control and direc-
tion in connection with the performance of the serv-
ice, both under the contract for the performance of 
service and in fact; 
(2) the service is performed outside the usual 
course of the business of the covered entity; and 
(3) the individual is customarily engaged in an 
independently established trade, occupation, profes-
sion, or business of the same nature as that involved 
in the service performed. 
SEC. 7. GREEN PROCUREMENT OVERSIGHT ADVISORY 
BOARD. 
(a) IN GENERAL.—There is established a Green Pro-
curement Oversight Advisory Board within the Depart-
ment of Energy. 
(b) COORDINATION.—The Oversight Advisory Board 
shall carry out its activities in coordination with the Office 
of Federal Sustainability and the Office of Management 
and Budget. 
VerDate Sep 11 2014 
00:45 Jan 22, 2025
Jkt 059200
PO 00000
Frm 00036
Fmt 6652
Sfmt 6201
E:\BILLS\H10428.IH
H10428
ssavage on LAPJG3WLY3PROD with BILLS
(c) MEMBERSHIP.—The members of the Oversight 
Advisory Board shall— 
(1) be appointed by the Secretary of Energy; 
and 
(2) consist of— 
(A) experts on procurement and clean en-
ergy, including scientists, from Federal and 
State agencies; 
(B) 1 or more representatives from— 
(i) each of— 
(I) the Office of Science and 
Technology Policy; 
(II) the General Services Admin-
istration; and 
(III) the Council on Environ-
mental Quality; 
(ii) environmental justice organiza-
tions; and 
(iii) unionized labor groups; and 
(C) chief financial officers of private com-
panies. 
(d) FUNCTIONS.—The Oversight Advisory Board 
shall— 
(1) oversee the procurement of covered products 
by Federal agencies pursuant to this Act, including 
VerDate Sep 11 2014 
00:45 Jan 22, 2025
Jkt 059200
PO 00000
Frm 00037
Fmt 6652
Sfmt 6201
E:\BILLS\H10428.IH
H10428
ssavage on LAPJG3WLY3PROD with BILLS
to ensure that procurement of those products is car-
ried out— 
(A) efficiently and in accordance with rel-
evant contracting and labor laws, including 
open competition requirements; 
(B) in compliance with relevant conflict of 
interest requirements; 
(C) in a manner that— 
(i) promotes open competition; and 
(ii) prevents frauds; and 
(D) by Federal agency personnel suffi-
ciently trained to ensure responsible procure-
ment practices pursuant to this Act and the 
goals of this Act; 
(2) offer recommendations relating to the selec-
tion of recipients of grants under the grant pro-
grams established under this Act, with the goal of 
ensuring that grant recipients will use the grant 
funds— 
(A) efficiently and in accordance with rel-
evant contracting and labor laws, including 
open competition requirements; 
(B) in compliance with relevant conflict of 
interest requirements; 
(C) in a manner that— 
VerDate Sep 11 2014 
00:45 Jan 22, 2025
Jkt 059200
PO 00000
Frm 00038
Fmt 6652
Sfmt 6201
E:\BILLS\H10428.IH
H10428
ssavage on LAPJG3WLY3PROD with BILLS
(i) promotes open competition; and 
(ii) prevents frauds; and 
(D) by personnel sufficiently trained to en-
sure responsible procurement practices pursu-
ant to this Act and the goals of this Act; and 
(3) submit an annual report to the Comptroller 
General of the United States, Congress, and the 
President describing— 
(A) the procurement of covered products 
by Federal agencies pursuant to this Act; and 
(B) the recommendations made by the 
Oversight Advisory Board under paragraph (2). 
(e) AUTHORITIES.—The Oversight Advisory Board— 
(1) shall have the authority to issue subpoenas; 
and 
(2) may refer parties that engage in fraud in 
connection with a procurement contract entered into 
by a Federal agency pursuant to this Act to the ap-
propriate Federal law enforcement authority. 
(f) TREATMENT
AS ADVISORY COMMITTEE.—The 
Oversight Advisory Board is an advisory committee (as de-
fined in section 1001 of title 5, United States Code). 
SEC. 8. OVERSIGHT BY COMPTROLLER GENERAL. 
The Comptroller General of the United States shall— 
VerDate Sep 11 2014 
00:45 Jan 22, 2025
Jkt 059200
PO 00000
Frm 00039
Fmt 6652
Sfmt 6201
E:\BILLS\H10428.IH
H10428
ssavage on LAPJG3WLY3PROD with BILLS
(1) conduct oversight of the funds appropriated 
under this Act to ensure transparency and compli-
ance with all applicable requirements; and 
(2) shall make publicly available an annual re-
port that— 
(A) evaluates the efficacy of the programs 
established under this Act; and 
(B) makes recommendations for any im-
provements to those programs. 
Æ 
VerDate Sep 11 2014 
00:45 Jan 22, 2025
Jkt 059200
PO 00000
Frm 00040
Fmt 6652
Sfmt 6301
E:\BILLS\H10428.IH
H10428
ssavage on LAPJG3WLY3PROD with BILLS