Sec. 4. Department of Energy
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The Secretary shall— be designated as the senior procurement officer for the Department of Energy; and coordinate with the Director of the Office of Management and Budget in carrying out procurement for the Department of Energy. Not later than January 1, 2022, the Secretary shall establish, and publish in the Federal Register— an initial list of materials for which the Secretary shall establish a maximum acceptable global warming potential under this subsection; and the maximum acceptable global warming potential for each material identified on that list, as determined in accordance with subparagraph (B).
The maximum acceptable global warming potential for an eligible material under subparagraph
(A)shall be expressed as a number that is equal to the industry average of facility-specific global warming potential emissions for that eligible material, as determined under subclause (II). The Secretary shall determine the industry average described in subclause
(I)for an eligible material by consulting nationally or internationally recognized databases of environmental product declarations. Each maximum acceptable global warming potential established under subparagraph
(A)shall be established in a manner that is consistent with the requirements of an environmental product declaration. Not later than January 1, 2023, the Secretary shall submit to the appropriate committees of Congress and the Oversight Advisory Board a report that describes the method that the Secretary used to develop the maximum global warming potential for each eligible material under subparagraph (A). Not later than January 1, 2026, and every 3 years thereafter through 2042, the Secretary— shall review the maximum acceptable global warming potential established under paragraph
(1)for each eligible material; and may adjust that maximum acceptable global warming potential for an eligible material downward to reflect industry improvements if the Secretary, based on the process described in paragraph (1)(B)(i)(II), determines that the industry average has changed. If the Secretary adjusts the maximum acceptable global warming potential of an eligible material downward under subparagraph (A)(ii), the Secretary shall publish the updated maximum global warming potential in the Federal Register. After establishing the maximum acceptable global warming potential for an eligible material under paragraph (1), the Secretary may not adjust that maximum acceptable global warming potential upward.