HouseH.R. 10402119th Congress
Good Energy Jobs Act of 2026
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[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 10402 Introduced in House (IH)]
<DOC>
119th CONGRESS
2d Session
H. R. 10402
To amend the Department of Energy Organization Act to require financial
assistance provided by the Department of Energy to promote high labor
standards, community benefits, domestic manufacturing, and investments
in small and disadvantaged communities, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
September 15, 2026
Mr. Tonko (for himself and Ms. Budzinski) introduced the following
bill; which was referred to the Committee on Energy and Commerce, and
in addition to the Committee on Science, Space, and Technology, 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 amend the Department of Energy Organization Act to require financial
assistance provided by the Department of Energy to promote high labor
standards, community benefits, domestic manufacturing, and investments
in small and disadvantaged communities, 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 ``Good Energy Jobs Act of 2026''.
SEC. 2. GOOD ENERGY JOBS.
(a) Department of Energy Organization Act.--Part C of title VI of
the Department of Energy Organization Act (42 U.S.C. 7251 et seq.) is
amended by adding at the end the following:
``SEC. 664. PREVAILING WAGES AND APPRENTICESHIPS.
``(a) Prevailing Wages.--
``(1) In general.--The Secretary shall require that all
laborers and mechanics employed by contractors or
subcontractors in the performance of construction, alteration,
maintenance, or repair work assisted, in whole or in part, by
financial assistance, including a grant, loan, loan guarantee,
cooperative agreement, or prize competitions, for covered
projects provided by the Department shall be paid wages at
rates not less than those prevailing on similar construction in
the locality as determined by the Secretary of Labor in
accordance with subchapter IV of chapter 31 of title 40, United
States Code. With respect to the labor standards in this
section, 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.
``(2) Flexibility.--The Secretary of Labor and the
Secretary may modify the payroll certification requirements of
part 3 of title 29, Code of Federal Regulations (or successor
regulations), for an entity that receives financial assistance
described in paragraph (1) if such entity is a party to a
collective bargaining agreement that requires a payroll
schedule different than a schedule otherwise required under
part 3 of title 29, Code of Federal Regulations, to better
align the timing of payroll certification reporting and payroll
schedules.
``(b) Apprenticeship Utilization.--The Secretary shall require, as
a term or condition of receiving financial assistance, including a
grant, loan, loan guarantee, cooperative agreement, or prize
competitions, for a covered project provided by the Department, that--
``(1) not less than 15 percent of the total labor hours of
such project are performed by individuals participating in a
registered apprenticeship program, as defined in section
3131(e)(3)(b) of the Internal Revenue Code of 1986; and
``(2) the entity receiving the financial assistance adheres
to apprentice-to-journey worker ratio requirements as
determined by the Secretary and in compliance with Federal and
State laws.
``(c) Noncompliance.--The Secretary shall regularly review whether
entities that receive financial assistance for covered projects
provided by the Department comply with the requirements established
pursuant to subsections (a) and (b). In the case of an entity
determined by the Secretary to have failed to comply with any of such
requirements, the Secretary shall implement a corrective action, which
may include withholding, recapturing, or terminating the financial
assistance provided by the Department to such entity for the covered
project. The Secretary shall consider an entity's failure to comply
with such requirements when evaluating future applications by such
entity for financial assistance, including by flagging such entity for
heightened compliance review.
``(d) Public Reporting.--The Secretary shall annually publish
aggregate data on wage compliance, apprenticeship utilization, and
enforcement actions, including the names of noncompliant entities, on a
publicly accessible website.
``(e) Definition of Covered Project.--In this section, the term
`covered project' means any construction, alteration, maintenance, or
repair project.
``SEC. 665. LABOR NEUTRALITY.
``(a) In General.--The Secretary shall require any entity receiving
financial assistance, including a grant, loan, loan guarantee,
cooperative agreement, or prize competitions, provided by the
Department to make a good-faith certification to the Secretary that
such entity shall remain neutral, by taking no position for or against,
with respect to the exercise of employees and labor organizations of
the right to organize and bargain in accordance with section 7 the
National Labor Relations Act (29 U.S.C. 157) for the term of such
assistance, including any construction, operations, or maintenance
assisted, in whole or in part, by such assistance.
``(b) Coverage of Contractors and Subcontractors.--The labor
neutrality requirements established under subsection (a) shall apply to
all contractors and subcontractors engaged in activities assisted, in
whole or in part, by financial assistance provided by the Department.
Each such contractor and subcontractor shall make a good-faith
certification of neutrality to the Secretary, and each entity receiving
such financial assistance shall be responsible for ensuring compliance
throughout the contracting chain.
``(c) Noncompliance.--The Secretary shall regularly review whether
entities that receive financial assistance provided by the Department
comply with the requirement established pursuant to subsection (a). In
the case of an entity determined by the Secretary to have failed to
comply with such requirements, the Secretary shall implement a
corrective action, which may include withholding, recapturing, or
terminating the financial assistance provided by the Department to such
entity. The Secretary shall consider an entity's failure to comply with
such requirements when evaluating future applications by such entity
for financial assistance, including by flagging such entity for
heightened compliance review.
``(d) Public Reporting.--The Secretary shall publish each
certification made to the Secretary by an entity under subsection (a)
on a publicly accessible website.
``SEC. 666. PROJECT LABOR AGREEMENTS.
``(a) In General.--The Secretary shall require each contractor and
subcontractor engaged in the construction, alteration, maintenance, or
repair of a Department facility costing more than $1,000,000, including
contractor-operated National Laboratory and National Nuclear Security
Administration facilities, commencing such construction, alteration,
maintenance, or repair after the date of enactment of this section, to
negotiate or become a party to a project labor agreement.
``(b) Local Hire and Targeted Hire Goals.--The Secretary shall seek
to ensure that project labor agreements entered into pursuant to this
section include goals, to the extent permitted by law, for local hire
and the participation of women, people of color, veterans, justice-
involved individuals, and other underrepresented workers.
``(c) Apprenticeship Utilization.--The Secretary shall seek to
ensure that project labor agreements entered into pursuant to this
section include provisions to employ individuals participating in
registered apprenticeship programs, as defined in section 3131(e)(3)(b)
of the Internal Revenue Code of 1986, and maintain compliance with
Federal- or State-approved apprentice-to-journey worker ratios.
``(d) Noncompliance.--The Secretary shall regularly review whether
contractors and subcontractors engaged in the construction, alteration,
maintenance, or repair of a Department facility costing more than
$1,000,000 comply with the requirement established pursuant to
subsection (a). In the case of a contractor or subcontractor determined
by the Secretary to have failed to comply with such requirement, the
Secretary shall implement a corrective action, which may include
withholding, recapturing, or terminating the financial assistance
provided by the Department to the contractor or subcontractor. The
Secretary shall consider a contractor's or subcontractor's failure to
comply with such requirement when evaluating future applications by
such contractor or subcontractor for financial assistance, including by
flagging such contractor or subcontractor for heightened compliance
review.
``(e) Definition of Project Labor Agreement.--In this section, the
term `project labor agreement' means a pre-hire collective bargaining
agreement with one or more labor organizations, as defined in section 2
of the National Labor Relations Act (29 U.S.C. 152), of which building
and construction employees are members, that establishes the terms and
conditions of employment for a specific project and is an agreement
described in section 8(f) of the National Labor Relations Act (29
U.S.C. 158(f)).
``SEC. 667. COMMUNITY BENEFITS PLANS AND ASSOCIATED AGREEMENTS.
``(a) In General.--The Secretary shall require any entity applying
for financial assistance, including a grant, loan, loan guarantee,
cooperative agreement, or prize competitions, for a covered project
provided by the Department to include a community benefits plan in the
application for such financial assistance to ensure broadly shared
prosperity resulting from such assistance. The Secretary shall consider
the quality of, and specific and measurable commitments contained in,
such plan in the evaluation and selection of applications to receive
such financial assistance. Such plan shall be informed by a community
needs assessment, as described in subsection (b).
``(b) Community Needs Assessment.--A community needs assessment
required under subsection (a) shall--
``(1) identify the communities and populations likely to be
affected by the proposed use of the financial assistance for
which the entity is applying, including disadvantaged, low-
income, and underrepresented workers and residents;
``(2) assess existing workforce, environmental, public
health, and other infrastructure conditions in the affected
area, using publicly available data (to the extent possible),
including job quality conditions, wage levels, worker
demographics, barriers to employment, and the availability of
support services, which may include child care and
transportation services;
``(3) identify community priorities, which may include job
quality, local hiring, worker training and advancement
opportunities, environmental health, pollution reduction, and
energy burden reduction;
``(4) describe the community engagement process used to
develop the assessment; and
``(5) identify the measurable benefits sought by community
stakeholders and the potential impacts of the proposed use of
the financial assistance for which the entity is applying,
including impacts on job quality, worker training, and worker
retention.
``(c) Community Benefits Plan Contents.--A community benefits plan
required under subsection (a) shall--
``(1) demonstrate how the entity applying for the financial
assistance will conduct meaningful documented engagement with
and ensure the participation of, including by negotiating to
enter into a workforce or community benefits agreement
described in subsection (d), an inclusive and representative
coalition of local stakeholders that would be affected by the
proposed use of the financial assistance, such as labor
organizations, community-based organizations, public interest
groups, academic institutions, local governments, and, as
applicable, Tribal governments;
``(2) demonstrate how the entity applying for the financial
assistance has developed and will implement such plan in an
accessible and transparent manner;
``(3) demonstrate how the entity applying for the financial
assistance will address, as applicable, how the entity's
proposed use of the financial assistance will address concerns
identified by the community, mitigate harms, and ensure
meaningful benefits accrue to disadvantaged communities to
advance the goals of the small and disadvantaged communities
initiative carried out under section 670, including
identification of the specific populations within the affected
community that qualify as disadvantaged and a description of
the measurable benefits the project will provide to such
populations;
``(4) demonstrate how the entity applying for the financial
assistance will address other community concerns, such as
infrastructure access and adequacy, pollution mitigation, and
other concerns that may be related to the proposed use of the
financial assistance; and
``(5) contain a plan to promote job quality and access,
which shall--
``(A) demonstrate how the entity applying for
financial assistance will use such financial assistance
to support, create, or retain high-quality jobs,
including jobs that provide wages above prevailing wage
rates where feasible, are sufficient to meet regionally
adjusted living standards, and provide employer-
provided healthcare, retirement benefits, and paid
leave, while supporting workforce development, reduced
barriers to employment, and safe and healthy
workplaces;
``(B) demonstrate how the entity applying for
financial assistance will ensure disadvantaged and
underrepresented workers have access to high-quality
jobs and economic opportunities generated by the
entity's proposed use of such financial assistance;
``(C) describe how the proposed use of the
financial assistance will avoid worker displacement and
ensure retention of existing workers through retraining
and upskilling where feasible and consistent with the
proposed use of the financial assistance; and
``(D) describe how the entity applying for
financial assistance will promote positive labor-
management relations, which may include adoption, as
appropriate, of project labor agreements, community
benefits agreements, collective bargaining agreements,
agreements intended to ensure the uninterrupted
delivery of services, agreements designed to facilitate
first collective bargaining agreements, and voluntary
union recognition.
``(d) Workforce and Community Benefits Agreements.--A community
benefits plan required under subsection (a) should seek to result in
one or more legally enforceable workforce or community agreements
consistent with the needs of the relevant workforce and community
(which may include a community benefits agreement, a community
workforce agreement, a project labor agreement, a collective bargaining
agreement, or any other similar contractual agreement) negotiated
between the entity and an inclusive and representative coalition of
relevant labor organizations, community-based organizations, public
interest groups, local governments, and, as applicable, Tribal
governments to cover any construction, operations, and maintenance
activities associated with a covered project that is subject to an
application for financial assistance.
``(e) Transparency.--
``(1) In general.--The Secretary shall require the public
disclosure of detailed summaries of community benefits plans
and associated agreements, excluding project labor agreements,
developed pursuant to this section. Such disclosure shall
include a summary of the details of any such plan and
associated agreement, a list of the parties to any such
associated agreement, and a description of organizations
consulted in the development of such plan and associated
agreement, while allowing for the protection of confidential
business information, as determined appropriate by the
Secretary. The Secretary shall maintain and regularly update a
public dashboard summarizing--
``(A) the commitments made by entities in community
benefits plans and associated agreements developed
pursuant to this section; and
``(B) the progress of achieving such commitments.
``(2) Periodic reporting on progress.--The Secretary shall
require entities that receive financial assistance described in
subsection (a) to periodically report on progress made towards
fulfilling the commitments included in any community benefits
plans and associated agreements developed pursuant to this
section.
``(f) Noncompliance.--The Secretary shall regularly review whether
entities that receive financial assistance for covered projects
provided by the Department comply with the requirements of this section
and fulfill the commitments included in community benefits plans and
associated agreements developed pursuant to this section. In the case
of an entity determined by the Secretary to have failed to comply with
any such requirements or to fulfill any such commitments, the Secretary
shall implement a corrective action, which may include withholding,
recapturing, or terminating the financial assistance provided by the
Department to such entity. The Secretary shall consider an entity's
failure to comply with any such requirements or to fulfill any such
commitments when evaluating future applications by such entity for
financial assistance, including by flagging such entity for heightened
compliance review.
``(g) Definition of Covered Project.--In this section, the term
`covered project' means any construction, alteration, maintenance, or
repair project.
``SEC. 668. COMMUNITY BENEFITS AND JOB QUALITY ADVISORY GROUP.
``Not later than one year after the enactment of this section, the
Secretary shall establish an advisory group consisting of
representatives of labor organizations, community-based organizations
(including at least one representative from a union working in
construction and at least one representative from a union working in
manufacturing), public interest groups, local governments, Tribal
governments, academia, and other experts as determined appropriate by
the Secretary, to develop recommendations and best practices on the
development, implementation, and evaluation of community benefit plans
and associated agreements (excluding project labor agreements), and
community needs assessments. Such recommendations and best practices
shall support the development of metrics to assess the successfulness
of such plans, assessments, and agreements, and methods to support
transparency and reporting on key metrics.
``SEC. 669. DOMESTIC MANUFACTURING.
``(a) In General.--The Secretary shall promote the
commercialization and public availability of inventions made in the
United States by United States industry and labor.
``(b) Enhancing United States Competitiveness.--The Secretary shall
require that an entity applying for financial assistance, including a
grant, loan, loan guarantee, cooperative agreement, or prize
competitions, provided by the Department to carry out research,
development, or demonstration shall--
``(1) commit that any products embodying the subject of, or
produced through, such research, development, or demonstration
will, to the best ability of such entity, be manufactured
substantially in the United States; and
``(2) if the entity intends to manufacture any such
products, submit to the Secretary a domestic manufacturing plan
regarding such products.
``(c) Labor Standards.--The Secretary shall give preference to
applications for financial assistance described in subsection (b) that
include domestic manufacturing plans that include a commitment to
manufacture covered products only using workers covered by collective
bargaining agreements, commitments to utilize registered apprenticeship
programs (as defined in section 3131(e)(3)(b) of the Internal Revenue
Code of 1986) or joint labor-management training programs with a
demonstrated capacity to successfully train workers in manufacturing,
and other commitments to meet or exceed industry-leading labor
standards. The Secretary shall require evidence that any joint labor-
management training program has--
``(1) successfully trained workers in one or more of these
industries for at least two years prior to receiving the
financial assistance;
``(2) provided workers with a recognized and transferrable
credential at the completion of training; and
``(3) meet or exceeded the standards set by the
corresponding State Apprenticeship Agency or, in the case that
there is no corresponding State Apprenticeship Agency, the
Department of Labor.
``(d) Noncompliance.--The Secretary shall regularly review whether
entities that receive financial assistance described in subsection (b),
and submitted a domestic manufacturing plan under paragraph (2) of such
subsection, comply with the requirement of that subsection. If the
Secretary determines that such an entity has failed to make reasonable
progress toward adhering to the domestic manufacturing plan submitted
under subsection (b)(2), the Secretary may implement a corrective
action, including withholding, recapturing, or terminating the
financial assistance. The Secretary shall consider an entity's failure
to make reasonable progress toward adhering to its domestic
manufacturing plan when evaluating future applications by such entity
for financial assistance, including by flagging such entity for
heightened compliance review.
``(e) Prohibition on Offshoring.--No entity receiving financial
assistance provided by the Department shall relocate, transfer, or
outsource the manufacture of products developed or commercialized using
such assistance to a foreign country during the term of the assistance
or within a period of five years after the completion of the term of
such assistance without prior approval by the Secretary. The Secretary
may only grant such approval if the entity demonstrates that no
feasible domestic manufacturing option exists. The Secretary shall
consider an entity's failure to comply with the requirements of this
subsection when evaluating future applications by such entity for
financial assistance, including by flagging such entity for heightened
compliance review.
``SEC. 670. SMALL AND DISADVANTAGED COMMUNITIES INITIATIVE.
``(a) In General.--The Secretary shall seek to ensure that not less
than 40 percent of the financial assistance, including a grant, loan,
loan guarantee, cooperative agreement, or prize competitions, provided
by the Department through programs listed pursuant to subsection (b) is
provided to entities that have committed, through community benefits
plans, and enforceable associated agreements, to provide specific,
measurable, and meaningful benefits to small or disadvantaged
communities, as determined by the Secretary.
``(b) Covered Programs.--Not later than one year after the date of
enactment of this section, the Secretary shall, in consultation with
stakeholders representing geographically diverse labor and community-
based organizations, by rule, issue and regularly update a list of
programs that address--
``(1) climate change;
``(2) energy production, transmission, distribution,
storage, and efficiency;
``(3) energy technology manufacturing and related supply
chains;
``(4) transportation;
``(5) housing;
``(6) training and workforce development;
``(7) remediation and reduction of legacy pollution; and
``(8) drinking water and wastewater infrastructure.
``(c) Enhanced Consideration for Disadvantaged Communities.--The
Secretary shall ensure that financial assistance, including a grant,
loan, loan guarantee, cooperative agreement, or prize competitions,
provided by the Department, regardless of whether such assistance is
provided through a program listed pursuant to subsection (b), to
entities that will use such assistance to carry out a project in a
small or disadvantaged community--
``(1) provides meaningful benefits to such community; and
``(2) does not result in significant or permanent increased
negative impacts to such community.
``(d) Small or Disadvantaged Communities Initiative Evaluation.--
Not later than one year after the date of enactment of this section,
and each year thereafter, the Secretary shall submit to Congress a
report on the Department's efforts on carrying out this section.
``(e) Definition of Small or Disadvantaged Community.--In this
section, the term `small or disadvantaged community' means a community
that--
``(1) bears burdens of negative public health effects,
environmental pollution, or impacts of climate change;
``(2) possesses certain socioeconomic criteria, including
historical or structural disinvestment that has resulted in
disproportionate environmental or health burdens, or comprises
high-concentrations of low- and moderate- income households; or
``(3) has a population of less than 10,000 individuals that
the Secretary determines meets sufficient of the criteria
described in paragraph (2).
``SEC. 671. DATA COLLECTION AND REPORTING.
``(a) In General.--The Secretary shall require any entity that
receives financial assistance, including a grant, loan, loan guarantee,
cooperative agreement, or prize competitions, provided by the
Department to submit to the Secretary a report, in a manner prescribed
by the Secretary, to--
``(1) determine such entity's compliance with the
requirements of sections 664 through 670 of this part;
``(2) enable the assessment by the Secretary of the
Department's efforts to support job creation, job quality,
apprenticeship utilization, and community benefits; and
``(3) enable the collection and reporting of metrics
developed by the Department to track outcomes associated with
the requirements of sections 664 through 671 of this part over
time.
``(b) Job Quality Evaluation.--Not later than one year after the
date of enactment of this section, and each year thereafter, the
Secretary shall submit to Congress a report on the Department's efforts
on carrying out sections 664 through 670 of this part and other efforts
by the Department to promote job quality, job access, and broadly
shared prosperity among workers and communities resulting from
financial assistance provided by the Department. The Secretary shall
make aggregate data related to apprenticeship utilization, wage
compliance, and community benefit commitments resulting from financial
assistance provided by the Department publicly accessible through a
website.''.
(b) Table of Contents Amendment.--The table of contents for the
Department of Energy Organization Act is amended by adding after the
item relating to section 663 the following:
``Sec. 664. Prevailing wages and apprenticeships.
``Sec. 665. Labor neutrality.
``Sec. 666. Project labor agreements.
``Sec. 667. Community benefits plans and associated agreements.
``Sec. 668. Community benefits and job quality advisory group.
``Sec. 669. Domestic manufacturing.
``Sec. 670. Small and disadvantaged communities initiative.
``Sec. 671. Data collection and reporting.''.
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