[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5698 Introduced in House (IH)]

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117th CONGRESS
  1st Session
                                H. R. 5698

To direct the Administrator of the Environmental Agency to establish a 
program to enhance the transparency, quality, and availability of life-
 cycle assessment data, and harmonize life-cycle assessment approaches 
    to calculating greenhouse gas emissions and other environmental 
   factors, in the production of products made primarily of eligible 
   materials through environmental product declarations or a similar 
mechanism as determined appropriate by the Administrator, and for other 
                               purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            October 22, 2021

   Mr. Lamb 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 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 direct the Administrator of the Environmental Agency to establish a 
program to enhance the transparency, quality, and availability of life-
 cycle assessment data, and harmonize life-cycle assessment approaches 
    to calculating greenhouse gas emissions and other environmental 
   factors, in the production of products made primarily of eligible 
   materials through environmental product declarations or a similar 
mechanism as determined appropriate by the Administrator, 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 ``Manufacturing Assistance to 
Determine Emissions Act'' or the ``MADE Act''.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Administrator.--The term ``Administrator'' means the 
        Administrator of the Environmental Protection Agency.
            (2) Eligible material.--The term ``eligible material'' 
        means any material (or groups of materials) on the list in 
        effect under section 3(b).
            (3) Embodied emissions.--The term ``embodied emissions'' 
        means the quantity of greenhouse gas emissions, measured in 
        kilograms of carbon dioxide-equivalent, accounting for all 
        stages of production including upstream processing and 
        extraction of fuels and feedstocks, emitted to the atmosphere 
        due to the production of a product per unit of such product.
            (4) Environmental product declaration.--The term 
        ``environmental product declaration'' means a document that 
        includes--
                    (A) product-specific measurement of the embodied 
                emissions of a product on a mass basis and per 
                functional unit that--
                            (i) is in accordance with international 
                        standards, such as a Type III environmental 
                        product declaration, as defined by the 
                        International Organization for Standardization 
                        standard 14025;
                            (ii) is calculated for a specific facility;
                            (iii) communicates transparent and 
                        comparable information;
                            (iv) includes all stages of manufacturing 
                        required by the product;
                            (v) is verified by an independent third 
                        party; and
                            (vi) is developed in accordance with the 
                        criteria specified in the appropriate product 
                        category rule designated by the Administration 
                        under section 3(c); and
                    (B) is valid for no more than 5 years.
            (5) Federal contracting agency.--The term ``Federal 
        contracting agency'' means--
                    (A) the Department of Defense, including the Army 
                Corps of Engineers;
                    (B) the Department of Energy;
                    (C) the Department of Transportation;
                    (D) the Department of Commerce;
                    (E) the Environmental Protection Agency;
                    (F) the General Services Administration; and
                    (G) the Department of Veterans Affairs.
            (6) Functional unit.--The term ``functional unit'' means 
        the measurement of the function of a product that--
                    (A) is in accordance with international standards, 
                such as a Type III environmental product declaration, 
                as defined by the International Organization for 
                Standardization standard 14025; and
                    (B) is a quantified description of the function a 
                product performs, including for how long it is 
                performed.
            (7) Product category rule.--The term ``product category 
        rule'' means a document that defines necessary rules, 
        requirements, and guidelines for developing an environmental 
        product declaration, or similar mechanism as determined 
        appropriate by the Administrator, of a product covered by such 
        product category rule.

SEC. 3. EMBODIED EMISSIONS TRANSPARENCY.

    (a) In General.--Not later than 180 days after the enactment of 
this Act, the Administrator, in consultation with the Secretary of 
Energy, the Director of the National Institute of Standards and 
Technology, and relevant National Laboratories, shall establish a 
program to enhance the transparency, quality, and availability of life-
cycle assessment data, and harmonize life-cycle assessment approaches 
to calculating greenhouse gas emissions and other environmental 
factors, in the production of products made primarily of eligible 
materials through environmental product declarations or a similar 
mechanism as determined appropriate by the Administrator.
    (b) List of Eligible Materials.--
            (1) In general.--The Administrator shall maintain a list of 
        materials to be treated as eligible materials for purposes of 
        this Act.
            (2) Initial list.--The initial list of eligible materials 
        shall include--
                    (A) aluminum;
                    (B) steel;
                    (C) concrete;
                    (D) cement; and
                    (E) any eligible material described in paragraph 
                (3) the Administrator determines is appropriate.
            (3) Secondary list.--The secondary list of eligible 
        materials shall include--
                    (A) flat glass;
                    (B) insulation;
                    (C) unit masonry; and
                    (D) wood products.
            (4) Modification of list.--
                    (A) Petition.--Beginning 2 years after the date of 
                enactment of this Act, any person may submit to the 
                Administrator a petition to modify the list of eligible 
                materials maintained under this subsection.
                    (B) Deadline.--Not later than 1 year after receipt 
                of a petition under subparagraph (A), the Administrator 
                shall--
                            (i) approve the petition and modify the 
                        list maintained under this subsection in 
                        accordance with such petition; or
                            (ii) deny the petition and publish a 
                        written explanation of the Administrator's 
                        decision to approve or deny the petition.
    (c) Product Category Rule Designations.--
            (1) In general.--The Administrator shall, in consultation 
        with the Secretary of Energy, the Director of the National 
        Institute of Standards and Technology, and relevant National 
        Laboratories, designate product category rules for products 
        made primarily of eligible materials to be used in the creation 
        of environmental product declarations, or a similar mechanism 
        as determined appropriate by the Administrator, for each 
        product type covered by such product category rules. In 
        designating such product category rules, the Administrator may 
        designate separate product category rules as appropriate based 
        on class, type, and size of products.
            (2) Timing.--
                    (A) Initial designations.--Not later than 6 months 
                after the date of enactment of this Act, the 
                Administrator shall designate product category rules 
                for products made primarily of eligible materials 
                listed in subsection (b)(2) and used in construction.
                    (B) Secondary designations.--Not later than 1 year 
                after the date of enactment of this Act, the 
                Administrator shall designate product category rules 
                for products made primarily of eligible materials 
                listed in subsection (b)(3) and used in construction.
            (3) Requirements.--In designating a product category rule 
        for products made primarily of an eligible material, the 
        Administrator shall consider--
                    (A) the uses, durability, lifetime, performance, 
                and appropriate functional unit of a product covered by 
                such product category rule;
                    (B) the stages of manufacturing required by a 
                product covered by such product category rule;
                    (C) the inclusion of imported products covered by 
                such product category rule; and
                    (D) the quality and harmonization of life-cycle 
                assessments of embodied emissions and other 
                environmental factors, in the production of products 
                covered by such product category rule.
            (4) Product category rules developed by third parties.--In 
        designating a product category rule under this subsection, the 
        Administrator--
                    (A) may designate a product category rule developed 
                by a third party; or
                    (B) may develop and designate a product category 
                rule if the Administrator determines that for the 
                products made primarily of an eligible material--
                            (i) no such third party rule exists; or
                            (ii) no such rule third party rule exists 
                        that is adequate.
            (5) Updates.--
                    (A) In general.--At least once every 5 years after 
                a product category rule is designated under this 
                subsection, the Administrator shall review such product 
                category rule, and after opportunity for notice and 
                comment, update such product category rule as 
                necessary.
                    (B) Petitions.--Beginning 1 year after the 
                designation of a product category rule under this 
                subsection, any person may submit to the Administrator 
                a petition to reconsider such designation based on--
                            (i) advances in technology that create 
                        substantial changes to the production of 
                        products within a product category; or
                            (ii) a misrepresentation or change of a 
                        product's characteristics, methods of 
                        production, or use.
    (d) National Environmental Product Declaration Database.--
            (1) Establishment.--Beginning not later than 9 months after 
        the date of enactment of this Act, the Administrator shall 
        establish and maintain a publicly accessible database of 
        environmental product declarations to be known as the National 
        Environmental Product Declaration Database.
            (2) Inclusion by appropriate product category rule.--The 
        Administrator shall include an environmental product 
        declaration, including an environmental product declaration for 
        an imported product, in the National Environmental Product 
        Declaration Database only if the declaration is created using 
        the appropriate product category rule designated under 
        subsection (c).
            (3) Removal.--The Administrator shall immediately remove an 
        environmental product declaration, including an environmental 
        product declaration for an imported product, from the National 
        Environmental Product Declaration Database if the declaration 
        does not use the appropriate product category rule designated 
        under subsection (c), is unverified by a third party, or is 
        otherwise found to be inadequate, as determined by the 
        Administrator.
    (e) Environmental Product Declaration Assistance.--
            (1) Technical assistance program.--The Administrator shall 
        establish a program to provide technical assistance to 
        manufacturers of eligible materials to develop and verify 
        environmental product declarations.
            (2) Grants to businesses.--
                    (A) In general.--Not later than 9 months after the 
                date of enactment of this Act, the Administrator shall 
                establish a grant program to provide financial 
                assistance for the development and verification of 
                environmental product declarations subject to the 
                appropriate product category rules designated in 
                subsection (c) for businesses that manufacture eligible 
                materials or products primarily made of eligible 
                materials in the United States.
                    (B) Limitations.--No business shall receive more 
                than $100,000 under such program during any 5-year 
                period.
                    (C) Commitment to submit environmental product 
                declarations.--Any business receiving financial 
                assistance under this paragraph shall submit any 
                environmental product declaration developed and 
                verified with such financial assistance to the National 
                Environmental Product Declaration Database established 
                under subsection (d).
            (3) Outreach to manufacturers.--The Administrator shall 
        conduct public outreach and education to manufacturers about 
        the National Environmental Product Declaration Database 
        established under subsection (d) and encourage submission of 
        environmental product declarations created using the 
        appropriate product category rule designated in subsection (c), 
        to such database.
            (4) Authorization of appropriations.--There is authorized 
        to be appropriated to carry out this subsection $25,000,000 for 
        each of fiscal years 2022 through 2031.
    (f) Environmental Product Declarations Audits.--The Administrator 
shall conduct random audits of environmental product declarations 
submitted to the National Environmental Product Declaration Database 
established under subsection (d), and the practices of independent 
third-party verifiers of such environmental product declarations. At a 
minimum, the Administrator shall conduct audits each year for a 
representative sample of product categories and geographical areas, 
including environmental product declarations of imported products.
    (g) Interagency Consultation.--In carrying out the program 
established in this section, the Administrator shall consult and 
coordinate with relevant programs within the Department of Energy, 
Department of Commerce, and other relevant agencies as determined by 
the Administrator.
    (h) Program Review and Assessment of Environmental Product 
Declarations.--Not later than 5 years after the date of enactment of 
this Act, the Administrator, in consultation with other relevant 
agencies as determined by the Administrator, shall conduct a review of 
the program established under this section. Such review--
            (1) shall--
                    (A) include an assessment of the quality and 
                efficacy of environmental product declarations to 
                account for the embodied emissions of a product, and 
                consider alternative mechanisms or accounting methods 
                that would enhance the transparency, quality, and 
                availability of life-cycle assessment data, and improve 
                harmonization of life-cycle assessment approaches to 
                calculating greenhouse gas and other environmental 
                factors, in the production of products containing 
                eligible materials; and
                    (B) provide an opportunity for public comment on 
                the review's findings; and
            (2) may--
                    (A) include recommendations to enhance or harmonize 
                accounting and reporting methods related to 
                international life-cycle assessment standards of 
                products containing eligible materials, including data 
                verification and identification of products' country of 
                origin for products produced outside of the United 
                States; and
                    (B) include recommendations to improve the 
                evaluation of environmental factors, including air, 
                water, and land pollution, and other factors related to 
                raw material extraction, transportation, manufacturing, 
                use, and end of life, associated with products 
                containing eligible materials.

SEC. 4. REPORTS TO CONGRESS.

    (a) Report on Federal Procurement.--Not later than 1 year after the 
date of enactment of this Act, the Administrator, in consultation with 
other Federal contracting agencies, shall submit to Congress a report 
that quantifies and evaluates, by agency, sector of expenditure, and 
product sector, the volume of eligible materials procured by the 
Federal Government, and the level of spending on such eligible 
materials.
    (b) Report on Material Efficiency.--Not later than 2 years after 
the date of enactment of this Act, the Administrator, in consultation 
with the Department of Energy and other relevant agencies determined by 
the Administrator, shall submit to Congress and make publicly available 
a report that includes a review of existing research on, and policy 
recommendations for, improving material efficiency of eligible 
materials.
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