Manufacturing Assistance to Determine Emissions Act or the MADE Act
This bill requires the Environmental Protection Agency to establish a program to enhance the transparency and availability of life-cycle assessment data on products made from certain material, such as aluminum, steel, and concrete. Life-cycle assessments examine the greenhouse gas emissions and other environmental impacts associated with all stages of the product's life cycle.
[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5698 Introduced in House (IH)]
<DOC>
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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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 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.
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.
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.
Referred to the Subcommittee on Environment.
Referred to the Subcommittee on Environment and Climate Change.
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