I 117th CONGRESS 1st Session H. R. 5698 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.

1. Short title This Act may be cited as the Manufacturing Assistance to Determine Emissions Act or the MADE Act . 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. 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. 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.