I 
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 Over-
sight and Reform, and Science, Space, and Technology, for a period to 
be subsequently determined by the Speaker, in each case for consider-
ation 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 fac-
tors, in the production of products made primarily of 
eligible materials through environmental product declara-
tions or a similar mechanism as determined appropriate 
by the Administrator, and for other purposes. 
VerDate Sep 11 2014 
02:57 Oct 28, 2021
Jkt 029200
PO 00000
Frm 00001
Fmt 6652
Sfmt 6652
E:\BILLS\H5698.IH
H5698
kjohnson on DSK79L0C42PROD with BILLS
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Manufacturing Assist-
ance to Determine Emissions Act’’ or the ‘‘MADE Act’’. 
SEC. 2. DEFINITIONS. 
In this Act: 
(1) ADMINISTRATOR.—The term ‘‘Adminis-
trator’’ means the Administrator of the Environ-
mental Protection Agency. 
(2) ELIGIBLE MATERIAL.—The term ‘‘eligible 
material’’ means any material (or groups of mate-
rials) on the list in effect under section 3(b). 
(3) EMBODIED
EMISSIONS.—The term ‘‘em-
bodied emissions’’ means the quantity of greenhouse 
gas emissions, measured in kilograms of carbon di-
oxide-equivalent, accounting for all stages of produc-
tion including upstream processing and extraction of 
fuels and feedstocks, emitted to the atmosphere due 
to the production of a product per unit of such prod-
uct. 
(4) 
ENVIRONMENTAL
PRODUCT
DECLARA-
TION.—The term ‘‘environmental product declara-
tion’’ means a document that includes— 
VerDate Sep 11 2014 
02:57 Oct 28, 2021
Jkt 029200
PO 00000
Frm 00002
Fmt 6652
Sfmt 6201
E:\BILLS\H5698.IH
H5698
kjohnson on DSK79L0C42PROD with BILLS
(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 environ-
mental product declaration, as defined by 
the International Organization for Stand-
ardization standard 14025; 
(ii) is calculated for a specific facility; 
(iii) communicates transparent and 
comparable information; 
(iv) includes all stages of manufac-
turing 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; 
VerDate Sep 11 2014 
02:57 Oct 28, 2021
Jkt 029200
PO 00000
Frm 00003
Fmt 6652
Sfmt 6201
E:\BILLS\H5698.IH
H5698
kjohnson on DSK79L0C42PROD with BILLS
(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 Inter-
national 
Organization 
for 
Standardization 
standard 14025; and 
(B) is a quantified description of the func-
tion a product performs, including for how long 
it is performed. 
(7) PRODUCT
CATEGORY
RULE.—The term 
‘‘product category rule’’ means a document that de-
fines 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. 
VerDate Sep 11 2014 
02:57 Oct 28, 2021
Jkt 029200
PO 00000
Frm 00004
Fmt 6652
Sfmt 6201
E:\BILLS\H5698.IH
H5698
kjohnson on DSK79L0C42PROD with BILLS
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 Na-
tional Laboratories, shall establish a program to enhance 
the transparency, quality, and availability of life-cycle as-
sessment data, and harmonize life-cycle assessment ap-
proaches to calculating greenhouse gas emissions and 
other environmental factors, in the production of products 
made primarily of eligible materials through environ-
mental product declarations or a similar mechanism as de-
termined 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 para-
graph (3) the Administrator determines is ap-
propriate. 
VerDate Sep 11 2014 
02:57 Oct 28, 2021
Jkt 029200
PO 00000
Frm 00005
Fmt 6652
Sfmt 6201
E:\BILLS\H5698.IH
H5698
kjohnson on DSK79L0C42PROD with BILLS
(3) SECONDARY LIST.—The secondary list of el-
igible 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 Di-
rector of the National Institute of Standards and 
VerDate Sep 11 2014 
02:57 Oct 28, 2021
Jkt 029200
PO 00000
Frm 00006
Fmt 6652
Sfmt 6201
E:\BILLS\H5698.IH
H5698
kjohnson on DSK79L0C42PROD with BILLS
Technology, and relevant National Laboratories, des-
ignate product category rules for products made pri-
marily of eligible materials to be used in the creation 
of environmental product declarations, or a similar 
mechanism as determined appropriate by the Admin-
istrator, for each product type covered by such prod-
uct category rules. In designating such product cat-
egory rules, the Administrator may designate sepa-
rate 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 pri-
marily 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 pri-
marily of eligible materials listed in subsection 
(b)(3) and used in construction. 
VerDate Sep 11 2014 
02:57 Oct 28, 2021
Jkt 029200
PO 00000
Frm 00007
Fmt 6652
Sfmt 6201
E:\BILLS\H5698.IH
H5698
kjohnson on DSK79L0C42PROD with BILLS
(i) no such third party rule exists; or 
(ii) no such rule third party rule ex-
ists that is adequate. 
(5) UPDATES.— 
(A) IN GENERAL.—At least once every 5 
years after a product category rule is des-
ignated under this subsection, the Adminis-
trator 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 pro-
duction, or use. 
(d) NATIONAL ENVIRONMENTAL PRODUCT DEC-
LARATION DATABASE.— 
(1) ESTABLISHMENT.—Beginning not later 
than 9 months after the date of enactment of this 
VerDate Sep 11 2014 
02:57 Oct 28, 2021
Jkt 029200
PO 00000
Frm 00009
Fmt 6652
Sfmt 6201
E:\BILLS\H5698.IH
H5698
kjohnson on DSK79L0C42PROD with BILLS
Act, the Administrator shall establish and maintain 
a publicly accessible database of environmental prod-
uct declarations to be known as the National Envi-
ronmental Product Declaration Database. 
(2) INCLUSION BY APPROPRIATE PRODUCT CAT-
EGORY RULE.—The Administrator shall include an 
environmental product declaration, including an en-
vironmental product declaration for an imported 
product, in the National Environmental Product 
Declaration Database only if the declaration is cre-
ated using the appropriate product category rule 
designated under subsection (c). 
(3) REMOVAL.—The Administrator shall imme-
diately remove an environmental product declaration, 
including an environmental product declaration for 
an imported product, from the National Environ-
mental Product Declaration Database if the declara-
tion does not use the appropriate product category 
rule designated under subsection (c), is unverified by 
a third party, or is otherwise found to be inad-
equate, as determined by the Administrator. 
(e) ENVIRONMENTAL PRODUCT DECLARATION AS-
SISTANCE.— 
(1) TECHNICAL
ASSISTANCE
PROGRAM.—The 
Administrator shall establish a program to provide 
VerDate Sep 11 2014 
02:57 Oct 28, 2021
Jkt 029200
PO 00000
Frm 00010
Fmt 6652
Sfmt 6201
E:\BILLS\H5698.IH
H5698
kjohnson on DSK79L0C42PROD with BILLS
technical assistance to manufacturers of eligible ma-
terials 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 pro-
gram to provide financial assistance for the de-
velopment and verification of environmental 
product declarations subject to the appropriate 
product category rules designated in subsection 
(c) for businesses that manufacture eligible ma-
terials or products primarily made of eligible 
materials in the United States. 
(B) LIMITATIONS.—No business shall re-
ceive more than $100,000 under such program 
during any 5-year period. 
(C) COMMITMENT
TO
SUBMIT
ENVIRON-
MENTAL PRODUCT DECLARATIONS.—Any busi-
ness receiving financial assistance under this 
paragraph shall submit any environmental 
product declaration developed and verified with 
such financial assistance to the National Envi-
ronmental Product Declaration Database estab-
lished under subsection (d). 
VerDate Sep 11 2014 
02:57 Oct 28, 2021
Jkt 029200
PO 00000
Frm 00011
Fmt 6652
Sfmt 6201
E:\BILLS\H5698.IH
H5698
kjohnson on DSK79L0C42PROD with BILLS
(3) OUTREACH TO MANUFACTURERS.—The Ad-
ministrator shall conduct public outreach and edu-
cation to manufacturers about the National Environ-
mental Product Declaration Database established 
under subsection (d) and encourage submission of 
environmental product declarations created using the 
appropriate product category rule designated in sub-
section (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 AU-
DITS.—The Administrator shall conduct random audits of 
environmental product declarations submitted to the Na-
tional Environmental Product Declaration Database es-
tablished under subsection (d), and the practices of inde-
pendent third-party verifiers of such environmental prod-
uct declarations. At a minimum, the Administrator shall 
conduct audits each year for a representative sample of 
product categories and geographical areas, including envi-
ronmental 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 
VerDate Sep 11 2014 
02:57 Oct 28, 2021
Jkt 029200
PO 00000
Frm 00012
Fmt 6652
Sfmt 6201
E:\BILLS\H5698.IH
H5698
kjohnson on DSK79L0C42PROD with BILLS
the Department of Energy, Department of Commerce, and 
other relevant agencies as determined by the Adminis-
trator. 
(h) PROGRAM REVIEW AND ASSESSMENT OF ENVI-
RONMENTAL PRODUCT DECLARATIONS.—Not later than 
5 years after the date of enactment of this Act, the Admin-
istrator, in consultation with other relevant agencies as de-
termined 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 declara-
tions 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 harmoni-
zation of life-cycle assessment approaches to 
calculating greenhouse gas and other environ-
mental factors, in the production of products 
containing eligible materials; and 
(B) provide an opportunity for public com-
ment on the review’s findings; and 
(2) may— 
VerDate Sep 11 2014 
02:57 Oct 28, 2021
Jkt 029200
PO 00000
Frm 00013
Fmt 6652
Sfmt 6201
E:\BILLS\H5698.IH
H5698
kjohnson on DSK79L0C42PROD with BILLS
(A) include recommendations to enhance or 
harmonize accounting and reporting methods 
related to international life-cycle assessment 
standards of products containing eligible mate-
rials, including data verification and identifica-
tion of products’ country of origin for products 
produced outside of the United States; and 
(B) include recommendations to improve 
the evaluation of environmental factors, includ-
ing 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 con-
tracting agencies, shall submit to Congress a report that 
quantifies and evaluates, by agency, sector of expenditure, 
and product sector, the volume of eligible materials pro-
cured by the Federal Government, and the level of spend-
ing on such eligible materials. 
(b) REPORT ON MATERIAL EFFICIENCY.—Not later 
than 2 years after the date of enactment of this Act, the 
VerDate Sep 11 2014 
02:57 Oct 28, 2021
Jkt 029200
PO 00000
Frm 00014
Fmt 6652
Sfmt 6201
E:\BILLS\H5698.IH
H5698
kjohnson on DSK79L0C42PROD with BILLS
Administrator, in consultation with the Department of 
Energy and other relevant agencies determined by the Ad-
ministrator, shall submit to Congress and make publicly 
available a report that includes a review of existing re-
search on, and policy recommendations for, improving ma-
terial efficiency of eligible materials. 
Æ 
VerDate Sep 11 2014 
02:57 Oct 28, 2021
Jkt 029200
PO 00000
Frm 00015
Fmt 6652
Sfmt 6301
E:\BILLS\H5698.IH
H5698
kjohnson on DSK79L0C42PROD with BILLS