I 
111TH CONGRESS 
1ST SESSION H. R. 3543 
To direct the Environmental Protection Agency to establish a product carbon 
disclosure program to facilitate carbon content labeling, and for other 
purposes. 
IN THE HOUSE OF REPRESENTATIVES 
SEPTEMBER 9, 2009 
Ms. BALDWIN introduced the following bill; which was referred to the 
Committee on Energy and Commerce 
A BILL 
To direct the Environmental Protection Agency to establish 
a product carbon disclosure program to facilitate carbon 
content labeling, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. PRODUCT CARBON DISCLOSURE PROGRAM. 
(a) EPA STUDY.—The Administrator of the Environ-
mental Protection Agency shall conduct a study to deter-
mine the feasibility of establishing a national program for 
measuring, reporting, publicly disclosing, and labeling 
products or materials sold in the United States for their 
carbon content, and shall, not later than 18 months after 
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the date of enactment of this Act, transmit a report to 
Congress which shall include the following: 
(1) A determination of whether a national prod-
uct carbon disclosure program and labeling program 
would be effective in achieving the intended goals of 
achieving greenhouse gas reductions and an exam-
ination of existing programs globally and their 
strengths and weaknesses. 
(2) Criteria for identifying and prioritizing sec-
tors and products and processes that should be cov-
ered in such program or programs. 
(3) An identification of products, processes, or 
sectors whose inclusion could have a substantial car-
bon impact (prioritizing industrial products such as 
iron and steel, aluminum, cement, chemicals, and 
paper products, and also including food, beverage, 
hygiene, cleaning, household cleaners, construction, 
metals, clothing, semiconductor, and consumer elec-
tronics). 
(4) Suggested methodology and protocols for 
measuring the carbon content of the products across 
the entire carbon lifecycle of such products for use 
in a carbon disclosure program and labeling pro-
gram. 
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(5) A review of existing greenhouse gas product 
accounting standards, methodologies, and practices 
including the Greenhouse Gas Protocol, ISO 14040/ 
44, ISO 14067, and Publically Available Specifica-
tion 2050, and including a review of the strengths 
and weaknesses of each. 
(6) A survey of secondary databases including 
the Manufacturing Energy Consumption Survey and 
evaluate the quality of data for use in a product car-
bon disclosure program and product carbon labeling 
program and an identification of gaps in the data 
relative to the potential purposes of a national prod-
uct carbon disclosure program and product carbon 
labeling program and development of recommenda-
tions for addressing these data gaps. 
(7) An assessment of the utility of comparing 
products and the appropriateness of product carbon 
standards. 
(8) An evaluation of the information needed on 
a label for clear and accurate communication, in-
cluding what pieces of quantitative and qualitative 
information needs to be disclosed. 
(9) An evaluation of the appropriate boundaries 
of the carbon lifecycle analysis for different sectors 
and products. 
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(10) An analysis of whether default values 
should be developed for products whose producer 
does not participate in the program or does not have 
data to support a disclosure or label and determine 
best ways to develop such default values. 
(11) A recommendation of certification and 
verification options necessary to assure the quality 
of the information and avoid greenwashing or the 
use of insubstantial or meaningless environmental 
claims to promote a product. 
(12) An assessment of options for educating 
consumers about product carbon content and the 
product carbon disclosure program and product car-
bon labeling program. 
(13) An analysis of the costs and timelines as-
sociated with establishing a national product carbon 
disclosure program and product carbon labeling pro-
gram, including options for a phased approach. 
Costs should include those for businesses associated 
with the measurement of carbon footprints and 
those associated with creating a product carbon label 
and managing and operating a product carbon label-
ing program, and options for minimizing these costs. 
(14) An evaluation of incentives (such as finan-
cial incentives, brand reputation, and brand loyalty) 
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to determine whether reductions in emissions can be 
accelerated through encouraging more efficient man-
ufacturing or by encouraging preferences for lower- 
emissions products to substitute for higher-emissions 
products whose level of performance is no better. 
(b) DEVELOPMENT OF NATIONAL CARBON DISCLO-
SURE PROGRAM.—Upon conclusion of the study, and not 
more than 36 months after the date of enactment of this 
Act, the Administrator shall establish a national product 
carbon disclosure program, participation in which shall be 
voluntary, and which may involve a product carbon label 
with broad applicability to the wholesale and consumer 
markets to enable and encourage knowledge about carbon 
content by producers and consumers and to inform efforts 
to reduce energy consumption (carbon dioxide equivalent 
emissions) nationwide. In developing such a program, the 
Administrator shall— 
(1) consider the results of the study conducted 
under subsection (a); 
(2) consider existing and planned programs and 
proposals and measurement standards (including the 
Publicly Available Specification 2050, standards to 
be developed by the World Resource Institute/World 
Business Council for Sustainable Development, the 
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International Standards Organization, and the bill 
AB19 pending in the California legislature); 
(3) consider the compatibility of a national 
product carbon disclosure program with existing pro-
grams; 
(4) utilize incentives and other means to spur 
the adoption of product carbon disclosure and prod-
uct carbon labeling; 
(5) develop protocols and parameters for a 
product carbon disclosure program, including a 
methodology and formula for assessing, verifying, 
and potentially labeling a product’s greenhouse gas 
content, and for data quality requirements to allow 
for product comparison; 
(6) create a means to— 
(A) document best practices; 
(B) ensure clarity and consistency; 
(C) work with suppliers, manufacturers, 
and retailers to encourage participation; 
(D) ensure that protocols are consistent 
and comparable across like products; and 
(E) evaluate the effectiveness of the pro-
gram; 
(7) make publicly available information on 
product carbon content to ensure transparency; 
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(8) provide for public outreach, including a con-
sumer education program to increase awareness; 
(9) develop training and education programs to 
help businesses learn how to measure and commu-
nicate their carbon footprint and easy tools and tem-
plates for businesses to use to reduce cost and time 
to measure their products’ carbon lifecycle; 
(10) consult with the Secretary of Energy, the 
Secretary of Commerce, the Federal Trade Commis-
sion, and other Federal agencies, as necessary; 
(11) gather input from stakeholders through 
consultations, public workshops or hearings with 
representatives of consumer product manufacturers, 
consumer groups, and environmental groups; 
(12) utilize systems for verification and product 
certification that will ensure that claims manufactur-
ers make about their products are valid; 
(13) create a process for reviewing the accuracy 
of product carbon label information and protecting 
the product carbon label in the case of a change in 
the product’s energy source, supply chain, ingredi-
ents, or other factors, and specify the frequency to 
which data should be updated; and 
(14) develop a standardized, easily understand-
able carbon label, if appropriate, and create a proc-
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ess for responding to inaccuracies and misuses of 
such a label. 
(c) REPORT TO CONGRESS.—Not later than 5 years 
after the program is established pursuant to subsection 
(b), the Administrator shall report to Congress on the ef-
fectiveness and impact of the program, the level of vol-
untary participation, and any recommendations for addi-
tional measures. 
(d) DEFINITIONS.—As used in this Act— 
(1) the term ‘‘carbon content’’ means the 
amount of greenhouse gas emissions and their 
warming impact on the atmosphere expressed in car-
bon dioxide equivalent associated with a product’s 
value chain; 
(2) the term ‘‘carbon footprint’’ means the level 
of greenhouse gas emissions produced by a par-
ticular activity, service, or entity; and 
(3) the term ‘‘carbon lifecycle’’ means the 
greenhouse gas emissions that are released as part 
of the processes of creating, producing, processing or 
manufacturing, modifying, transporting, distrib-
uting, storing, using, recycling, or disposing of goods 
and services. 
(e) AUTHORIZATION OF APPROPRIATIONS.—There is 
authorized to be appropriated to the Administrator 
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$5,000,000 for the study required by subsection (a) and 
$25,000,000 for each of fiscal years 2010 through 2025 
for the program required under subsection (b). 
Æ 
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