S.Amdt. 1533Senate116th Congress (2019-2021)2nd degree

S.Amdt. 1533

Submitted March 9, 2020

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Senate amendment submitted

March 9, 2020

Text

Submitted

SA 1533. Ms. KLOBUCHAR submitted an amendment intended to be proposed
to amendment SA 1407 proposed by Ms. Murkowski to the bill S. 2657, to
support innovation in advanced geothermal research and development, and
for other purposes; which was ordered to lie on the table; as follows:

At the end, add the following:

TITLE IV--MISCELLANEOUS

SEC. 4001. ASSESSMENT BY FEDERAL AGENCIES OF CLIMATE PRODUCT
COSTS.

(a) Definitions.--In this section:
(1) Administrator.--The term ``Administrator'' means the
Administrator of the Environmental Protection Agency.
(2) Climate product cost.--The term ``climate product
cost'' means the cost, denominated in dollars, of the life-
cycle greenhouse gas emissions of a product, calculated in
accordance with the methodology developed by the
Administrator under section (b)(3).
(3) Climate product declaration.--The term ``climate
product declaration'' means a product-specific measurement of
the life-cycle greenhouse gas emissions of a product that
is--
(A) certified by a third party; and
(B) in accordance with international standards, such as a
Type III environmental declaration (as defined by the
International Organization for Standardization in the report
entitled ``Environmental labels and declarations -- Type III
environmental declarations -- Principles and procedures'',
numbered ISO 14025, and dated July 1, 2006).
(4) Eligible material.--The term ``eligible material''
means any of--
(A) carbon steel rebar;
(B) flat glass;
(C) mineral wool board insulation; and
(D) structural steel.
(5) Federal contracting agency.--The term ``Federal
contracting agency'' means--
(A) the Department;
(B) the Department of Defense;
(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.
(b) Assessment.--
(1) In general.--The head of each Federal contracting
agency shall carry out an assessment to determine how the
products procured by the Federal contracting agency and any
contractors of the Federal contracting agency in connection
with a Federal contract affect the levels of greenhouse gases
in the atmosphere by requiring each prospective contractor to
disclose, in any response to a solicitation to offer for a
Federal contract, the climate product declaration of all
eligible materials the prospective contractor expects to
manufacture or purchase during the course of constructing,
reconstructing, or renovating the public project.
(2) Release of assessment.--Not later than 60 days after
the date on which an assessment under paragraph (1) is
completed, the head of the applicable Federal contracting
agency shall--
(A) publish the assessment in the Federal Register; and
(B) make the assessment publicly available--
(i) on the website of the Federal contracting agency; and
(ii) in appropriate offices of the Federal contracting
agency.
(3) Methodology for calculating the climate product cost.--
(A) In general.--Not later than 180 days after the date of
enactment of this Act, the Administrator, using an estimate
of the cost of greenhouse gas emissions, such as the social
cost of carbon, shall develop and publish in the Federal
Register a methodology for calculating the climate product
cost of each eligible material procured by a Federal
contracting agency or any contractor or subcontractor of a
Federal contracting agency, including an assessment of the
climate product cost as a dollar cost per metric ton of
greenhouse gas emissions for the eligible material, based on
information in a climate product declaration.
(B) Updates.--Not less frequently than once every 5 years
after submission of a report under paragraph (4)(A), the
Administrator shall--
(i) review the method used to develop the methodology under
subparagraph (A); and
(ii) if necessary, update that methodology.
(4) Reports.--

[[Page S1637]]

(A) Reports to congress.--
(i) In general.--Not later than 90 days after the date on
which the methodology under paragraph (3)(A) is published in
the Federal Register, the Administrator shall submit to
Congress a report that describes the method that the
Administrator used to develop the methodology.
(ii) Updates.--Not later than 180 days after each review
carried out by the Administrator under paragraph (3)(B)(i),
the Administrator shall submit to Congress a report that
describes--

(I) the review; and
(II) any updated methodology developed by the Administrator
under paragraph (3)(B)(ii).

(B) Reports to the administrator.--Not later than 180 days
after the date of enactment of this Act, and not less
frequently than annually thereafter, the head of each Federal
contracting agency shall submit to the Administrator and make
publicly available a report that includes, for the period of
time covered by the report--
(i) the total number and value of contracts awarded by the
Federal contracting agency;
(ii) the total number and value of contracts and
subcontracts awarded to foreign contractors or suppliers;
(iii) the dollar value of any articles, materials, or
supplies that were manufactured outside of the United States;
(iv) the total procurement value of any funds expended on
eligible materials manufactured outside the United States;
(v) the total climate product cost of contracts awarded by
the Federal contracting agency;
(vi) a comparison of--

(I) the climate product cost of contracts awarded by the
Federal contracting agency; and
(II) the climate product cost of offers for contracts that
the Federal contracting agency did not award; and

(vii) recommendations for additional disclosures from
prospective contractors to support accurate and comprehensive
assessments of how contracts awarded by the Federal
contracting agency affect--

(I) emissions of greenhouse gases; and
(II) air, water, and land pollutants.

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