Buy Green Act of 2021
This bill provides for federal procurement of clean energy products.
Specifically, the bill establishes a Clean Energy Fund at the Department of Energy (DOE) and authorizes DOE to transfer amounts from the fund to federal agencies for clean energy-related purchases. The bill creates a grant program for state, local, and tribal governments to make such purchases.
The bill (1) provides grants to electrify the federal vehicle fleet, to states and municipalities to electrify public transit and school buses, and to design, build, and retrofit buildings to be more energy efficient; and (2) establishes a grant program for U.S. companies to invest in clean energy manufacturing by retrofitting or building facilities that produce clean energy products.
The bill (1) establishes specified labor protections applicable to projects funded by grants in this bill and for manufacturers of specified products; and (2) directs 40% of state, local, and tribal grant funding for grants provided by this bill to purchases that benefit frontline, disadvantaged, and vulnerable communities that have been environmentally neglected.
The bill establishes within DOE a Green Procurement Oversight Advisory Board.
The Government Accountability Office shall conduct oversight of the use of funds and publicly report on program efficacy each year.
[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3607 Introduced in House (IH)]
<DOC>
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.
Be it enacted by the Senate and House of Representatives 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:
(1) Appropriate committees of congress.--The term
``appropriate committees of Congress'' 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 Commerce 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--
(I) is produced or manufactured--
(aa) in the United States
(including the territories of
the United States);
(bb) in accordance with all
relevant energy efficiency,
environmental preference, and
safety designations; and
(cc) by an entity that
complies 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
associated with the product;
(bb) increasing
opportunities for reuse and
recycling due to the durability
or repairability of the
product; and
(cc) improving
environmental and human health
impacts.
(B) Inclusions.--The term ``covered product''
includes a product described in subparagraph (A)(ii)
that--
(i) is a zero-emission vehicle or a
nonmotorized alternative mode of
transportation;
(ii) is a zero-emission form of public
transportation, including high-speed rail;
(iii) is a product or low-carbon material
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
environmentally 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.
(4) Covered small business.--The term ``covered small
business'' means--
(A) a small business concern owned and controlled
by socially and economically disadvantaged 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 accordance with, as
applicable, all relevant energy efficiency,
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; 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 disadvantaged community.--
The term ``frontline, vulnerable, and disadvantaged community''
means a community--
(A) in an area described in section 301(a) of the
Public Works and Economic Development Act of 1965 (42
U.S.C. 3161(a)); and
(B) in which climate change, pollution, or
environmental destruction have exacerbated systemic
racial, regional, social, environmental, gender, and
economic injustices by disproportionately affecting
Black, Brown, and Indigenous peoples, other communities
of color, migrant communities, deindustrialized
communities, 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 eligible material, means a
measure that indicates how much energy the emissions of 1 ton
of gases associated with the lifecycle of that eligible
material, including 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 Procurement 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 renewable 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.
(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 business'' has the
meaning given the term ``small business 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.--
(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 accordance 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
(excluding the Department of Defense)--
(I) to purchase covered products
for use by the Federal agency, in
accordance with subsection (g) and
section 5; and
(II) to carry out the Federal
building activities described in
subsection (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 Federal agency shall ensure that not less than
20 percent 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 Secretary of the Treasury,
shall establish a green procurement grant program under which
the Secretary shall provide grants on a competitive basis to
States, Indian Tribes, and units of local government to
purchase 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 Secretary 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 covered products for use in urban areas
located in or under the jurisdiction of the State,
Indian Tribe, or unit of local government, as
applicable;
(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 purchase covered
products for use in frontline, vulnerable, and
disadvantaged communities located in or under the
jurisdiction of the State, Indian Tribe, or unit of
local government, as applicable; and
(C) not less than 20 percent of the amount of a
grant awarded to a State, Indian Tribe, or unit of
local government shall be used to purchase covered
products from small businesses and covered small
businesses.
(4) Priority for school bus electrification.--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
subsequently 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 government 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 emissions 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 facilities
that produce covered products, including to make those
facilities environmentally responsible; and
(B) for the development of environmentally
responsible manufacturing capabilities to bolster the
production of covered products, including 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
environmentally responsible.
(3) Selection of grant recipients.--In providing grants
under paragraph (2), the Secretary shall--
(A) share grant applications with the Oversight
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
discrimination charges filed against the
eligible 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 Relations 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 benefits 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 provided for
employees, including any safety supervisors;
(vi) the policy of the eligible entity with
respect to coverage of workers' compensation;
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
individuals trained and certified by labor
organizations, or joint labor-management
organizations, 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 supported by, the grant.
(5) Submission of environmental product declaration.--The
Secretary shall require each eligible 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 applicable project--
(A) a current facility-specific Environmental
Product Declaration, Type III (as defined by the
International Organization for Standardization standard
14025); or
(B) a declaration made under a similarly robust
lifecycle assessment method that has--
(i) uniform standards in data collection
consistent with that standard;
(ii) industry acceptance; and
(iii) integrity.
(6) Certifications.--The Secretary shall require that any
application for a grant under paragraph (2) shall include a
certification that the facility-specific global warming
potential for any eligible material proposed to be used in that
project does not exceed the maximum acceptable global warming
potential 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 reduction 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 established under paragraph (2), the
Secretary shall ensure 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 effectiveness.--Not later
than January 1, 2023, the Secretary shall submit to the
appropriate committees of Congress and the Oversight Advisory
Board a report describing--
(A) any obstacles to the implementation of the
grant program established under this subsection;
(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, medical centers, and
clinics in the case of the Department 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 Affairs, including through--
(A) the purchase of low-carbon materials for
retrofitting, remodeling, or otherwise improving
Federal buildings; and
(B) the purchase of clean power for Federal
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 Products.--A Federal agency,
State, Indian Tribe, or unit of local government purchasing covered
products pursuant to this section shall give priority to purchasing
covered products that--
(1) are made from renewable and recycled resources
(including biobased products);
(2) have lower lifecycle emissions than comparable
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 purchases of covered products
made pursuant to this section--
(A) by a Federal agency; and
(B) in the case of purchases by a non-Federal
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 respect to purchases of covered products made
pursuant to this section.
(i) Report.--Not less frequently than once each fiscal 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 purchased
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 Secretary shall--
(1) be designated as the senior procurement officer for the
Department of Energy; and
(2) coordinate with the Director of the Office of
Management and Budget in carrying out procurement for the
Department of Energy.
(b) Maximum Acceptable Global Warming Potential of Eligible
Materials.--
(1) Establishment.--
(A) In general.--Not later than January 1, 2022,
the Secretary shall establish, and publish in the
Federal Register--
(i) an initial list of materials for which
the Secretary shall establish a maximum
acceptable global warming potential under this
subsection; and
(ii) the maximum acceptable global warming
potential for each material identified on that
list, as determined in accordance with
subparagraph (B).
(B) Requirements.--
(i) Industry average.--
(I) In general.--The maximum
acceptable global warming potential for
an eligible material under subparagraph
(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 Secretary
shall determine the industry average
described in subclause (I) for an
eligible material by consulting
nationally or internationally
recognized databases of environmental
product declarations.
(ii) Consistency with environmental product
declaration.--Each maximum acceptable global
warming potential established under
subparagraph (A) shall be established in a
manner that is consistent with the requirements
of an environmental product declaration.
(C) Report.--Not later than January 1, 2023, the
Secretary shall submit to the appropriate committees of
Congress and the Oversight 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, 2026,
and every 3 years thereafter through 2042, the
Secretary--
(i) shall review the maximum acceptable
global warming potential established under
paragraph (1) for each eligible material; and
(ii) may adjust that maximum acceptable
global warming potential for an eligible
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 adjusts 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 acceptable 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 applicable laws
regarding fair and open competition in contracting;
(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 applicable 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 described in
subparagraph (A) of paragraph (2), activities involving
producing or manufacturing a covered product; or
(B) with respect to a covered entity described in
subparagraph (B) of such paragraph, activities
supported by the grant.
(2) Covered entity.--The term ``covered entity'' 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 activities, who are engaged in
the covered activities 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 annually
thereafter, the greater of--
(I) 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 Bureau of Labor Statistics and
rounded up to the nearest multiple of
$0.05; or
(II) 10 percent more than the
minimum wage applicable under section 6
of the Fair Labor Standards Act of 1938
(29 U.S.C. 206).
(B) Calculation.--In calculating the annual
percentage increase in the median hourly wage of all
employees for purposes of subparagraph (A)(ii)(I), 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 median hourly
wage; and
(ii) compare such median hourly wage for
the most recent year for which data are
available with the median hourly wage
determined for the preceding year.
(C) Requirements applicable to construction.--
Notwithstanding any other requirement in this section,
all laborers and mechanics employed by contractors or
subcontractors in the performance of construction,
alteration, 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 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 vehicle
production.--
(i) Definitions.--In this subparagraph:
(I) Covered production worker.--The
term ``covered production worker''
means a worker who--
(aa) is employed by an
establishment in the Motor
Vehicle Manufacturing industry
(Code 3361 of the North
American Industry
Classification System);
(bb) is directly involved
in the production of a vehicle;
and
(cc) is not a manager,
engineer, 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 Secretary
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 determined by the
Secretary of Labor in accordance with
clause (iv).
(ii) Minimum wage rate.--Notwithstanding
any other requirement in this section, 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 services
agency, in the performance of covered
activities is not less than the
industry standard wage rate for covered
production workers; and
(II) all covered production workers
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 employed, directly
by a manufacturer or through a subcontractor or
employment services agency, in the performance
of covered activities, are covered by a policy
determined 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 workers in the
industry.--For purposes of this subparagraph,
in determining for a year the industry standard
wage rate and the top earning wage rate, the
Secretary of Labor shall use the National
Industry-Specific Occupational Employment and
Wage Estimates, for the preceding year, for the
Motor Vehicle Manufacturing industry (Code 3361
of the North American Industry Classification
System) for the occupation of Assemblers and
Fabricators (Occupational Code 51-2000 of the
Occupational Employment Statistics of the
Bureau of Labor Statistics).
(2) Neutrality toward organized labor.--The covered entity
shall have, and ensure that all contractors and subcontractors
of the covered entity with respect to the covered activities,
have--
(A) an explicit policy of neutrality with regard
to--
(i) labor organizing for the employees
engaged in the covered activities; and
(ii) such employees' choice to form and
join labor organizations; and
(B) policies that require--
(i) the posting and maintenance of notices
in the workplace to such employees of their
rights under the National Labor Relations Act
(29 U.S.C. 151 et seq.); and
(ii) that such employees are, at the
beginning of their employment, provided notice
and information regarding the employees' rights
under such Act.
(3) Paid family and medical leave.--The covered entity
shall have, and ensure that all contractors and subcontractors
of the covered entity with respect to the covered activities
have, an explicit policy providing all employees engaged in the
covered activities not less than 12 workweeks of paid leave in
a 12-month period for any purpose described in section
102(a)(1) of the Family and Medical Leave Act of 1993 (29
U.S.C. 2612(a)(1)), in accordance with regulations promulgated
by the Secretary of Labor.
(4) Fair scheduling.--
(A) In general.--The covered entity shall have, and
ensure that all contractors and subcontractors of the
covered entity with respect to the covered activities
have, an explicit policy for fair scheduling for
employees engaged in the covered activities, 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
fluctuations in the number of hours the
employee is scheduled to work on a
daily, weekly, or monthly basis; and
(ii) a timely, good faith interactive
process through which the covered entity, or
contractor or subcontractor, and employee
discuss the employee's request under clause (i)
and the covered entity, or contractor or
subcontractor, grants the request or suggests
any alternatives that might meet the employee's
needs.
(B) Exception.--Subparagraph (A) shall not apply to
any employee covered by a valid collective bargaining
agreement if--
(i) the terms of the collective bargaining
agreement include terms that govern work
scheduling practices; and
(ii) the provisions of this paragraph are
expressly waived in such collective bargaining
agreement.
(5) Preference for local hiring.--The covered entity shall
have, and ensure that all contractors and subcontractors with
respect to the covered activities have, explicit policies that
provide a preference for local hiring for individuals engaged
in the covered activities, consistent with applicable Federal
law and subject to rules issued by the Secretary of Labor.
(6) Employee classification.--The covered entity shall
consider, and ensure that all contractors and subcontractors of
the covered entity with respect to the covered activities
consider, an individual performing any service for remuneration
for the covered entity, or contractor or subcontractor, in the
performance of the covered activities as an employee (and not
an independent contractor) of the covered entity, or contractor
or subcontractor, unless--
(A) the individual is free from control and
direction in connection with the performance of the
service, both under the contract for the performance of
the service and in fact;
(B) the service is performed outside the usual
course of the business of the covered entity or the
contractor or subcontractor; and
(C) the individual is customarily engaged in an
independently established trade, occupation,
profession, or business of the same nature as that
involved in such service.
SEC. 7. GREEN PROCUREMENT OVERSIGHT ADVISORY BOARD.
(a) In General.--There is established a Green Procurement Oversight
Advisory Board within the Department 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.
(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 energy,
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
Administration; and
(III) the Council on Environmental
Quality;
(ii) environmental justice organizations;
and
(iii) unionized labor groups; and
(C) chief financial officers of private companies.
(d) Functions.--The Oversight Advisory Board shall--
(1) oversee the procurement of covered products by Federal
agencies pursuant to this Act, including to ensure that
procurement of those products is carried out--
(A) efficiently and in accordance with relevant
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 sufficiently
trained to ensure responsible procurement practices
pursuant to this Act and the goals of this Act;
(2) offer recommendations relating to the selection of
recipients of grants under the grant programs established under
this Act, with the goal of ensuring that grant recipients will
use the grant funds--
(A) efficiently and in accordance with relevant
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 personnel sufficiently trained to ensure
responsible procurement practices pursuant 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 appropriate Federal law enforcement
authority.
(f) Treatment as Advisory Committee.--The Oversight Advisory Board
is an advisory committee (as defined in section 3 of the Federal
Advisory Committee Act (5 U.S.C. App.)).
SEC. 8. OVERSIGHT BY COMPTROLLER GENERAL.
The Comptroller General of the United States shall--
(1) conduct oversight of the funds appropriated under this
Act to ensure transparency and compliance with all applicable
requirements; and
(2) shall make publicly available an annual report that--
(A) evaluates the efficacy of the programs
established under this Act; and
(B) makes recommendations for any improvements to
those programs.
<all>
Introduced in House
Introduced in House
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.
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.
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.
Referred to the Subcommittee on Energy.
Referred to the Subcommittee on Highways and Transit.
Referred to the Subcommittee on Railroads, Pipelines, and Hazardous Materials.
Referred to the Subcommittee on Economic Development, Public Buildings, and Emergency Management.
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