[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 8978 Introduced in House (IH)]

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118th CONGRESS
  2d Session
                                H. R. 8978

 To direct the Administrator of the Environmental Protection Agency to 
  establish a voluntary sustainable apparel labeling program, and for 
                            other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             July 10, 2024

Mr. Casten (for himself and Ms. Salazar) introduced the following bill; 
       which was referred to the Committee on Energy and Commerce

_______________________________________________________________________

                                 A BILL


 
 To direct the Administrator of the Environmental Protection Agency to 
  establish a voluntary sustainable apparel labeling program, 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 ``Voluntary Sustainable Apparel 
Labeling Act''.

SEC. 2. VOLUNTARY SUSTAINABLE APPAREL LABELING PROGRAM.

    (a) In General.--
            (1) Establishment.--The Administrator of the Environmental 
        Protection Agency (in this section referred to as the 
        ``Administrator'') shall carry out a voluntary sustainable 
        apparel labeling program (in this section referred to as the 
        ``labeling program'').
            (2) Consultation.--The Administrator shall establish and 
        operate the labeling program in consultation with the Secretary 
        of Agriculture and the Federal Trade Commission.
            (3) Regulations.--Not later than 2 years after the date of 
        enactment of this section, the Administrator shall finalize 
        regulations to carry out the labeling program.
    (b) Requirements.--Under the labeling program--
            (1) any person that sells an article of apparel may submit 
        an application to the Administrator to enter the article of 
        apparel into the labeling program;
            (2) the Administrator shall specify the information to be 
        included in an application under paragraph (1);
            (3) the Administrator shall review any application 
        submitted under paragraph (1) and make a determination 
        regarding whether to include the article of apparel in the 
        labeling program--
                    (A) on the basis of whether the Administrator 
                believes the person submitting the application will 
                adhere to the requirements of the labeling program; and
                    (B) not on the basis of an assessment of the 
                benefits to the environment associated with the article 
                of apparel;
            (4) a person (referred to in this section as a 
        ``participant'') that sells an article of apparel that the 
        Administrator has determined to include in the labeling program 
        (referred to in this section as the ``participating article of 
        apparel'') may attach a label (referred to in this section as 
        the ``apparel sustainability label'') to--
                    (A) the participating article of apparel; or
                    (B) packaging used for the sole purpose of 
                containing the participating article of apparel;
            (5) the Administrator shall establish requirements for the 
        visual form of the apparel sustainability label that shall--
                    (A) convey the information described in paragraph 
                (6) to the consumer in a manner that is determined by 
                the Administrator to be most useful to the consumer at 
                the point of sale in making apparel purchasing 
                decisions;
                    (B) not convey that any given article of apparel is 
                acceptable or unacceptable, but instead provide the 
                consumer a numerical quantification of the information 
                described in paragraph (6);
                    (C) employ words, numbers, and imagery, as 
                specified by the Administrator;
                    (D) convey the fact that the information on the 
                apparel sustainability label has been verified under 
                requirements established by the Environmental 
                Protection Agency; and
                    (E) include a logo to help the consumer identify 
                the label as being associated with the labeling 
                program;
            (6) the information included on the apparel sustainability 
        label shall--
                    (A) convey a numerical summary of the best 
                available information regarding the total greenhouse 
                gas emissions released throughout the full life cycle 
                of the participating article of apparel and its input 
                materials, including in association with--
                            (i) growing of plant fibers and other 
                        agricultural inputs;
                            (ii) manufacture of the nonagricultural 
                        input materials;
                            (iii) manufacture of the participating 
                        article of apparel;
                            (iv) packaging;
                            (v) transportation of the input materials 
                        and the participating article of apparel;
                            (vi) storage;
                            (vii) presentation in a retail apparel 
                        establishment;
                            (viii) consumer use, including the energy 
                        used to--
                                    (I) wash the participating article 
                                of apparel; and
                                    (II) prepare the participating 
                                article of apparel for use, including 
                                by ironing or pressing;
                            (ix) end-of-life reuse, recycling, 
                        treatment, and disposal of the participating 
                        article of apparel and its packaging; and
                            (x) any other aspect of the full life cycle 
                        of the participating article of apparel 
                        associated with greenhouse gas emissions;
                    (B) convey a summary of the voluntary commitment 
                made regarding the participating article of apparel, as 
                reported under subsection (c)(1); and
                    (C) provide electronic access immediately available 
                to the consumer at the point of sale through a quick 
                response (QR) code or similar mechanism to additional 
                information relevant to the consumer, which shall 
                include--
                            (i) the complete information described in 
                        subparagraph (A) regarding the participating 
                        article of apparel;
                            (ii) the complete information provided 
                        under subsection (c)(1) regarding the 
                        participating article of apparel;
                            (iii) the database established under 
                        subsection (d); and
                            (iv) such other information as the 
                        Administrator determines to be relevant to the 
                        consumer;
            (7) if the participant is the manufacturer of the 
        participating article of apparel, and not the retail 
        establishment selling the participating article of apparel to 
        the end consumer, this fact shall be made clear on the apparel 
        sustainability label;
            (8) if requested by a participant, the information 
        pertaining to the participating article of apparel that is 
        conveyed under paragraph (6)(A) shall be divided into--
                    (A) information identified under clauses (i) 
                through (v) of paragraph (6)(A), for which the 
                participant shall be responsible for reporting; and
                    (B) information identified under clauses (vi) 
                through (ix) of paragraph (6)(A), for which the 
                Administrator shall be responsible for estimating on 
                the basis of the typical use of the participating 
                article of apparel;
            (9) the distinction between the sources of information 
        referred to in subparagraphs (A) and (B) of paragraph (8) shall 
        be made clear on the apparel sustainability label;
            (10) no information or imagery shall be included on the 
        apparel sustainability label that has not been specified by the 
        Administrator pursuant to paragraphs (5) and (6);
            (11) the Administrator shall establish the method by which 
        the information included on the apparel sustainability label 
        shall be verified, which verification shall--
                    (A) be conducted in accordance with uniform 
                standards for the collection and analysis of the 
                information for all participating articles of apparel;
                    (B) require the use of the best available 
                scientific information;
                    (C) specify the requirements for entities to be 
                authorized to measure, monitor, verify, and report the 
                information;
                    (D) be informed by the established international 
                standards for carbon accounting for product life cycle 
                assessment, including--
                            (i) the ISO 14040 and ISO 14044 standards 
                        of the International Organization for 
                        Standardization; and
                            (ii) protocols established under the 
                        Greenhouse Gas (GHG) Protocol program of the 
                        World Business Council for Sustainable 
                        Development and the World Resources Institute, 
                        including--
                                    (I) the GHG Protocol for Product 
                                Accounting and Reporting; and
                                    (II) Publicly Available 
                                Specification 2050; and
                    (E) be informed by and generally align with the 
                current best practices for validating such information 
                in the apparel industry;
            (12) in establishing the requirements described in 
        paragraphs (5), (6), and (10), the Administrator--
                    (A) shall consult with an expert advisory panel 
                composed of apparel industry stakeholders; and
                    (B) may consult with such panel either--
                            (i) by establishing a Federal advisory 
                        committee under chapter 10 of part I of title 
                        5, United States Code (commonly referred to as 
                        the ``Federal Advisory Committee Act''); or
                            (ii) through a negotiated rulemaking under 
                        subchapter III of part I of title 5, United 
                        States Code (commonly referred to as the 
                        ``Negotiated Rulemaking Act'');
            (13) the Administrator shall establish a program by which 
        entities shall be certified to perform the activities under 
        paragraph (11)(C);
            (14) beginning 7 years after the date of enactment of this 
        Act, and every 5 years thereafter, the Administrator shall--
                    (A) publish a report on the effectiveness, as 
                determined by the Administrator, of the labeling 
                program in achieving objectives, including such 
                effectiveness in--
                            (i) providing consumers information that 
                        consumers find useful; and
                            (ii) reducing the greenhouse gas emissions 
                        associated with apparel throughout the full 
                        life cycle as described in paragraph (6)(A);
                    (B) review and revise the regulations under this 
                section to increase such effectiveness, as determined 
                by the Administrator, of the labeling program with 
                respect to the two objectives listed in clauses (i) and 
                (ii) of subparagraph (A); and
                    (C) report to the Congress any recommendations for 
                amendments to this section that, in the determination 
                of the Administrator, would improve such effectiveness; 
                and
            (15) the Administrator shall provide technical assistance, 
        including through consultants, in reporting information as 
        required in accordance with the labeling program, otherwise 
        participating in the labeling program, and reducing greenhouse 
        gas emissions, to--
                    (A) participants;
                    (B) entities seeking to become participants; and
                    (C) entities seeking to become certified under 
                paragraph (13).
    (c) Voluntary Commitments.--
            (1) In general.--The Administrator shall carry out a 
        program under which a participant may agree to--
                    (A) a voluntary commitment to reduce the total 
                greenhouse gas emissions released throughout the full 
                life cycle of participating articles of apparel and 
                their input materials, as described in subsection 
                (b)(6)(A); and
                    (B) make publicly available, including on the 
                participant's website, sustainability information 
                pertaining to the participant or the participating 
                article of apparel that is determined by the 
                Administrator to be based on the best available 
                scientific information.
            (2) Establishment.--Not later than 2 years after the date 
        of enactment of this Act, the Administrator shall establish the 
        program required by paragraph (1).
            (3) Encouragement; technical assistance.--The Administrator 
        shall encourage participants, and provide technical assistance 
        to participants, to agree to voluntary commitments under this 
        subsection.
            (4) No mandate.-- This subsection does not authorize the 
        Administrator to impose any mandate.
    (d) Database.--Not later than 2 years after the date of enactment 
of this Act, the Administrator shall establish a database to provide 
easy access to consumers and apparel industry stakeholders to 
information pertaining to the labeling program, including--
            (1) explanations of the objectives and the methodologies of 
        the Administrator in establishing the requirements described in 
        subsection (b);
            (2) the information described in subsection (b)(6) with 
        respect to each participating article of apparel;
            (3) the voluntary commitments of each participant as 
        reported under subsection (c); and
            (4) any additional available information on the 
        sustainability of apparel that the Administrator determines to 
        be--
                    (A) useful to the consumer and apparel industry 
                stakeholders; and
                    (B) based on the best scientifically available 
                information.
    (e) Consumer Outreach.--
            (1) Program.--Not later than 3 years after the date of 
        enactment of this Act, the Administrator shall establish a 
        program to inform consumers about the labeling program.
            (2) Requirements.--The consumer outreach program 
        established under paragraph (1) shall--
                    (A) provide retail apparel establishments 
                educational materials and other information to be 
                conveyed to consumers regarding the labeling program;
                    (B) provide technical assistance to retail apparel 
                establishments regarding the labeling program and the 
                materials and information described in subparagraph 
                (A); and
                    (C) reach the public through a wide range of means, 
                including public service announcements and advertising.
    (f) Penalties for Fraudulent Use of Label.--
            (1) In general.--Any person that violates a requirement of 
        this section shall forfeit and pay to the United States a civil 
        penalty of not more than $10,000 for each such violation.
            (2) Separate violations.--Each separate violation of a 
        requirement of this section shall be a separate offense, except 
        that in a case of a violation through continuing failure to 
        obey or neglect to obey an order by the Administrator under 
        this section, each day of continuance of such failure or 
        neglect shall be deemed a separate offense.
            (3) Equitable relief.--In a civil action brought under this 
        section, the United States district courts are empowered to 
        grant mandatory injunctions and such other equitable relief as 
        such courts deem appropriate.
    (g) Definitions.--In this section:
            (1) Apparel industry stakeholders.--The term ``apparel 
        industry stakeholders'' means--
                    (A) suppliers and vendors of apparel manufacturers;
                    (B) apparel manufacturers;
                    (C) retail apparel establishments;
                    (D) entities that measure, monitor, verify, and 
                report information described under subsection (b)(6);
                    (E) institutions of higher education;
                    (F) consumer organizations; and
                    (G) other experts, as determined by the 
                Administrator.
            (2) Greenhouse gas.--The term ``greenhouse gas'' includes 
        each of the following:
                    (A) Carbon dioxide.
                    (B) Methane.
                    (C) Nitrous oxide.
                    (D) Sulfur hexafluoride.
                    (E) Any hydrofluorocarbon.
                    (F) Any perfluorocarbon.
                    (G) Nitrogen trifluoride.
                    (H) Any fully fluorinated linear, branched, or 
                cyclic--
                            (i) alkane;
                            (ii) ether;
                            (iii) tertiary amine; or
                            (iv) aminoether.
                    (I) Any perfluoropolyether.
                    (J) Any hydrofluoropolyether.
                    (K) Any other fluorocarbon, except for a 
                fluorocarbon with a vapor pressure of less than 1 mm of 
                Hg absolute at 25 degrees Celsius.
            (3) Greenhouse gas emission.--The term ``greenhouse gas 
        emission'' means the release of a greenhouse gas into the 
        ambient air.
            (4) Retail apparel establishment.--The term ``retail 
        apparel establishment'' means a person that sells an article of 
        apparel to a consumer.
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