[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1863 Reported in Senate (RS)]
<DOC>
Calendar No. 311
118th CONGRESS
2d Session
S. 1863
To require the Secretary of Energy to conduct a study and submit a
report on the greenhouse gas emissions intensity of certain products
produced in the United States and in certain foreign countries, and for
other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
June 7, 2023
Mr. Coons (for himself, Mr. Cramer, Mr. King, Ms. Murkowski, Mr.
Heinrich, Mr. Graham, Mr. Whitehouse, Mr. Cassidy, Mr. Hickenlooper,
Mr. Durbin, Mr. Boozman, Mr. Padilla, and Mr. Kelly) introduced the
following bill; which was read twice and referred to the Committee on
Environment and Public Works
January 25, 2024
Reported by Mr. Carper, with an amendment
[Strike out all after the enacting clause and insert the part printed
in italic]
_______________________________________________________________________
A BILL
To require the Secretary of Energy to conduct a study and submit a
report on the greenhouse gas emissions intensity of certain products
produced in the United States and in certain foreign countries, and for
other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
<DELETED>SECTION 1. SHORT TITLE.</DELETED>
<DELETED> This Act may be cited as the ``Providing Reliable,
Objective, Verifiable Emissions Intensity and Transparency Act of
2023'' or the ``PROVE IT Act of 2023''.</DELETED>
SEC. 2. STUDY ON GREENHOUSE GAS EMISSIONS INTENSITY OF CERTAIN PRODUCTS
PRODUCED IN THE UNITED STATES AND IN CERTAIN FOREIGN
COUNTRIES.
<DELETED> (a) Definitions.--In this section:</DELETED>
<DELETED> (1) Appropriate committees of congress.--The term
``appropriate committees of Congress'' means--</DELETED>
<DELETED> (A) the Committee on Energy and Natural
Resources of the Senate; and</DELETED>
<DELETED> (B) the Committee on Energy and Commerce
of the House of Representatives.</DELETED>
<DELETED> (2) Average product emissions intensity.--The term
``average product emissions intensity'' means the national
average of the product emissions intensity of a category of
covered products produced in, as applicable--</DELETED>
<DELETED> (A) the United States; or</DELETED>
<DELETED> (B) a covered country.</DELETED>
<DELETED> (3) Carbon dioxide-equivalent; CO<INF>2</INF>-e.--
The term ``carbon dioxide-equivalent'' or ``CO<INF>2</INF>-e''
means the number of metric tons of carbon dioxide emissions
with the same global warming potential as one metric ton of
another greenhouse gas.</DELETED>
<DELETED> (4) Category of covered products.--</DELETED>
<DELETED> (A) In general.--The term ``category of
covered products'' means--</DELETED>
<DELETED> (i) a category described in any of
clauses (i) through (xxii) of subparagraph (B),
each of which consists of products covered by
the headings or subheadings of the Harmonized
Tariff Schedule of the United States described
parenthetically in that clause; and</DELETED>
<DELETED> (ii) any other category of covered
products, as determined by the Secretary,
consisting of products covered by 1 or more
headings or subheadings of the Harmonized
Tariff Schedule of the United States.</DELETED>
<DELETED> (B) Categories described.--The categories
referred to in subparagraph (A)(i), consisting of
products covered by the headings or subheadings of the
Harmonized Tariff Schedule of the United States
described parenthetically for each category, are the
following:</DELETED>
<DELETED> (i) Aluminum (any of 7601 through
7608).</DELETED>
<DELETED> (ii) Articles of aluminum (any of
7609 through 7616).</DELETED>
<DELETED> (iii) Articles of cement (6810 or
6811).</DELETED>
<DELETED> (iv) Articles of iron and steel
(any of 7307 through 7326).</DELETED>
<DELETED> (v) Articles of plastic (any of
3916 through 3926).</DELETED>
<DELETED> (vi) Biofuels (2207.10, 2207.20,
or 3826).</DELETED>
<DELETED> (vii) Cement (2523 or
3824.5).</DELETED>
<DELETED> (viii) Crude oil (2709).</DELETED>
<DELETED> (ix) Fertilizer (2808, 2814,
2834.21, or any of 3101 through
3105).</DELETED>
<DELETED> (x) Glass (any of 7001 through
7020).</DELETED>
<DELETED> (xi) Hydrogen (2804.10).</DELETED>
<DELETED> (xii) Iron and steel (any of 7201
through 7306).</DELETED>
<DELETED> (xiii) Lithium-ion batteries
(8507.60).</DELETED>
<DELETED> (xiv) Natural gas (2711.11 or
2711.21).</DELETED>
<DELETED> (xv) Petrochemicals (2901 or
2711.14).</DELETED>
<DELETED> (xvi) Plastics (any of 3901
through 3915).</DELETED>
<DELETED> (xvii) Pulp and paper (any of 4701
through 4707 or 4801 through 4813).</DELETED>
<DELETED> (xviii) Refined strategic and
critical minerals, including copper, cobalt,
graphite, lithium, manganese, and nickel
(2825.50, 2827.41, any of 7401 through 7404,
7406, 2822.00, 8105.20, 8105.30, 2504, 3801.10,
2836.91, 2825.20, 2820.10, 8111, 2825.40, any
of 7501 through 7504, or 2833.24).</DELETED>
<DELETED> (xix) Refined petroleum products
(2710, 2712, 2713, 2714, 2715, 2902.20,
2902.30, or 2902.44).</DELETED>
<DELETED> (xx) Solar cells and panels (any
of 8541.42 through 8541.43 or 8501.71 through
8501.80).</DELETED>
<DELETED> (xxi) Uranium (2612.10, 2844.10,
2844.20, or 2844.30).</DELETED>
<DELETED> (xxii) Wind turbines
(8502.31).</DELETED>
<DELETED> (5) Covered country.--The term ``covered country''
means each of the following:</DELETED>
<DELETED> (A) A country that is a member of the
Group of Seven.</DELETED>
<DELETED> (B) A country that is a signatory to a
free trade agreement with the United States that is in
effect as of the date on which the Secretary begins a
study under subsection (b)(1).</DELETED>
<DELETED> (C) A foreign country of concern (as
defined in section 9901 of the William M. (Mac)
Thornberry National Defense Authorization Act for
Fiscal Year 2021 (15 U.S.C. 4651)).</DELETED>
<DELETED> (D) A country that, in the determination
of the Secretary, holds more than a de minimis share of
the global market share, as measured by official trade
statistics, of--</DELETED>
<DELETED> (i) 1 or more categories of
covered products; or</DELETED>
<DELETED> (ii) upstream inputs for 1 or more
categories of covered products.</DELETED>
<DELETED> (E) Any other country that the Secretary
determines to be appropriate, including any country
that the Secretary determines is a significant producer
or exporter of at least 1 category of covered
products.</DELETED>
<DELETED> (6) Covered product.--</DELETED>
<DELETED> (A) In general.--The term ``covered
product'' means a product covered by--</DELETED>
<DELETED> (i) any of the headings or
subheadings of the Harmonized Tariff Schedule
of the United States described parenthetically
in paragraph (4)(B); or</DELETED>
<DELETED> (ii) any other heading or
subheading of the Harmonized Tariff Schedule of
the United States included within a category of
covered products determined by the Secretary in
accordance with paragraph (4)(A)(ii).</DELETED>
<DELETED> (B) List of covered products.--The
Secretary shall maintain a list of covered products
that identifies the category of covered products
associated with each covered product on the
list.</DELETED>
<DELETED> (7) Greenhouse gas.--The term ``greenhouse gas''
has the meaning given the term in section 901 of the Energy
Independence and Security Act of 2007 (42 U.S.C.
17321).</DELETED>
<DELETED> (8) Product emissions intensity.--</DELETED>
<DELETED> (A) In general.--The term ``product
emissions intensity'' means the quantity of greenhouse
gases emitted to the atmosphere as a result of the
extraction, production, processing, manufacture, and
assembly, as applicable, of 1 unit of a covered
product, including the greenhouse gas emissions of an
upstream input that is incorporated into a downstream
covered product.</DELETED>
<DELETED> (B) Units of measurement.--The Secretary,
as the Secretary determines to be appropriate, shall
designate the units of measurement in which the product
emissions intensity of a covered product shall be
expressed, which may include--</DELETED>
<DELETED> (i) metric tons of CO<INF>2</INF>-
e per metric ton of a covered
product;</DELETED>
<DELETED> (ii) metric tons of
CO<INF>2</INF>-e per dollar value of a covered
product; or</DELETED>
<DELETED> (iii) any other unit of
measurement that the Secretary determines to be
appropriate.</DELETED>
<DELETED> (9) Secretary.--The term ``Secretary'' means the
Secretary of Energy.</DELETED>
<DELETED> (b) Study.--</DELETED>
<DELETED> (1) In general.--Not later than 2 years after the
date of enactment of this Act, and not less frequently than
once every 5 years thereafter, the Secretary, in coordination
with the Secretary of Commerce (including appropriate officials
of the Bureau of the Census and the International Trade
Administration), the Administrator of the Environmental
Protection Agency, the United States Trade Representative, the
Secretary of Homeland Security, the Secretary of State, and
such other Federal officials as the Secretary determines to be
appropriate, shall conduct, and submit to the appropriate
committees of Congress a report describing the results of, a
study--</DELETED>
<DELETED> (A) to determine the average product
emissions intensity of each category of covered
products produced in the United States;</DELETED>
<DELETED> (B) to identify gaps in product emissions
intensity data for categories of covered products
produced in the United States;</DELETED>
<DELETED> (C) subject to paragraph (2)(B), to
determine the average product emissions intensity of
each category of covered products produced in covered
countries, which may incorporate, as the Secretary
determines to be appropriate, findings from--</DELETED>
<DELETED> (i) the implementation of the
measures described in section 40416(a) of the
Infrastructure Investment and Jobs Act (42
U.S.C. 18776(a)); and</DELETED>
<DELETED> (ii) the international energy data
resources described in that section;</DELETED>
<DELETED> (D) to identify any issues with verifying
the average product emissions intensity data for
covered products produced in covered countries;
and</DELETED>
<DELETED> (E) to determine the relative average
product emissions intensity of each category of covered
products produced in the United States compared to the
average product emissions intensity of each category of
covered products produced in covered
countries.</DELETED>
<DELETED> (2) Requirements.--</DELETED>
<DELETED> (A) In general.--The report submitted
under paragraph (1) shall include--</DELETED>
<DELETED> (i) a detailed, specific, and
transparent description of the methodology used
to determine the average product emissions
intensity of a category of covered products
under subparagraphs (A) and (C) of that
paragraph;</DELETED>
<DELETED> (ii) a record of all sources of
data used to determine the average product
emissions intensity of a category of covered
products under subparagraphs (A) and (C) of
that paragraph; and</DELETED>
<DELETED> (iii) the heading or subheading of
the Harmonized Tariff Schedule of the United
States associated with each covered product for
which the average product emissions intensity
of a category of covered products is determined
under subparagraphs (A) and (C) of that
paragraph.</DELETED>
<DELETED> (B) Certain covered countries.--With
respect to a covered country described in subparagraph
(C) or (D) of subsection (a)(5), in carrying out
subparagraph (C) of paragraph (1), the Secretary may
limit the study under that paragraph to categories of
covered products with respect to which the covered
country holds more than a de minimis share of the
global market share of that category of covered
products.</DELETED>
<DELETED> (C) Reuse of end-of-life materials.--In
determining the average product emissions intensity of
a category of covered products under subparagraphs (A)
and (C) of paragraph (1), the Secretary shall favorably
consider the reuse of end-of-life materials in place of
virgin raw materials.</DELETED>
<DELETED> (3) Coordination among primary study
participants.--In carrying out paragraph (1), the Secretary,
the Secretary of Commerce, the Administrator of the
Environmental Protection Agency, the United States Trade
Representative, the Secretary of Homeland Security, the
Secretary of State, and such other Federal officials as the
Secretary determines to be appropriate shall establish
procedures to facilitate timely and efficient data sharing for
purposes of carrying out that paragraph, including, if
appropriate, by designating appropriate individuals with
appropriate qualifications to review any data shared.</DELETED>
<DELETED> (4) Consultation and coordination with others.--In
carrying out paragraph (1), the Secretary may consult and enter
into agreements with institutions having relevant data or data
collection or analysis capabilities, such as the National
Laboratories, the National Institute of Standards and
Technology, the National Academy of Sciences, the International
Energy Agency, the Organisation for Economic Co-operation and
Development, and relevant academic and think-tank
partners.</DELETED>
<DELETED> (5) Consultation and coordination with industry.--
In carrying out paragraph (1), the Secretary, in coordination
with the Secretary of Commerce, shall establish--</DELETED>
<DELETED> (A) a process to receive data from
industry partners; and</DELETED>
<DELETED> (B) a process pursuant to which industry
may request that a product be--</DELETED>
<DELETED> (i) included on the list of
covered products maintained under subsection
(a)(6)(B); and</DELETED>
<DELETED> (ii) analyzed as a covered product
in subsequent studies and reports under that
paragraph.</DELETED>
<DELETED> (6) International coordination.--</DELETED>
<DELETED> (A) In general.--In carrying out paragraph
(1), the Secretary, the Secretary of State, and the
United States Trade Representative shall make every
effort to coordinate with the governments of covered
countries--</DELETED>
<DELETED> (i) to inform the determination of
average emissions intensity values;</DELETED>
<DELETED> (ii) to advance common emissions
accounting methodologies and data formats;
and</DELETED>
<DELETED> (iii) to improve overall data
availability and quality.</DELETED>
<DELETED> (B) Consultation.--In any case in which a
covered country is credibly collaborating with the
Secretary by supporting the collection, analysis, or
verification of data, the Secretary may give that
covered country--</DELETED>
<DELETED> (i) a right to consultation with
respect to the determination of the average
product emissions intensity of 1 or more
categories of covered products produced in that
covered country;</DELETED>
<DELETED> (ii) an opportunity to discuss
chosen data; and</DELETED>
<DELETED> (iii) an opportunity to fill data
gaps.</DELETED>
<DELETED> (7) Data availability.--</DELETED>
<DELETED> (A) In general.--In carrying out paragraph
(1), the Secretary shall--</DELETED>
<DELETED> (i) take note of any instances in
which there is not sufficient data to precisely
determine the average product emissions
intensity of a category of covered products
under subparagraph (A) or (C) of that
paragraph;</DELETED>
<DELETED> (ii) include in the report
submitted under that paragraph--</DELETED>
<DELETED> (I) a notation with
respect to each instance noted under
clause (i); and</DELETED>
<DELETED> (II) an explanation for
that notation;</DELETED>
<DELETED> (iii) identify any issues with
verifying the average product emissions
intensity data for categories of covered
products under subparagraph (A) or (C) of that
paragraph; and</DELETED>
<DELETED> (iv) identify any gaps in product
emissions intensity data for covered products
or categories of covered products produced in
the United States.</DELETED>
<DELETED> (B) Requirement.--For each instance noted
under subparagraph (A)(i), the Secretary shall
determine the average product emissions intensity of
the next highest aggregation of categories of covered
products for which data are available.</DELETED>
<DELETED> (C) Considerations.--In determining
whether there are sufficient data to precisely
determine the average product emissions intensity of a
covered product or category of covered products under
subparagraph (A)(i), the Secretary shall consider the
following factors:</DELETED>
<DELETED> (i) The public availability of
statistics on greenhouse gas emissions for
particular industries from government sources
and international organizations.</DELETED>
<DELETED> (ii) The public availability of
data on the quantity and source of inputs, such
as electricity, consumed by particular
industries.</DELETED>
<DELETED> (iii) The extent to which the data
described in clauses (i) and (ii) cover a
representative group of producers within an
industry.</DELETED>
<DELETED> (iv) The transparency in the
method used to collect, analyze, summarize, and
publish the data described in clauses (i) and
(ii).</DELETED>
<DELETED> (v) Whether there are other
factors that may impact the precision of the
data described in clauses (i) and
(ii).</DELETED>
<DELETED> (vi) The recency of the data
described in clauses (i) and (ii).</DELETED>
<DELETED> (c) Public Database.--The Secretary shall establish a
public online database of--</DELETED>
<DELETED> (1) the average product emissions intensity data
collected under subparagraphs (A) and (C) of subsection (b)(1);
and</DELETED>
<DELETED> (2) the relative average product emissions
intensity of covered products determined under subparagraph (E)
of that subsection.</DELETED>
<DELETED> (d) Updates.--Not less frequently than once every 5 years,
the Secretary shall update--</DELETED>
<DELETED> (1) the database established under subsection (c);
and</DELETED>
<DELETED> (2) the list of covered products maintained under
subsection (a)(6)(B).</DELETED>
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Providing Reliable, Objective,
Verifiable Emissions Intensity and Transparency Act of 2024'' or the
``PROVE IT Act of 2024''.
SEC. 2. STUDY ON GREENHOUSE GAS EMISSIONS INTENSITY OF CERTAIN PRODUCTS
PRODUCED IN THE UNITED STATES AND IN CERTAIN FOREIGN
COUNTRIES.
(a) Definitions.--In this section:
(1) Appropriate committees of congress.--The term
``appropriate committees of Congress'' means--
(A) the Committee on Environment and Public Works
of the Senate;
(B) the Committee on Energy and Natural Resources
of the Senate; and
(C) the Committee on Energy and Commerce of the
House of Representatives.
(2) Average product emissions intensity.--The term
``average product emissions intensity'' means the national
average of the product emissions intensity of a category of
covered products produced in, as applicable--
(A) the United States; or
(B) a covered country.
(3) Carbon dioxide-equivalent; CO<INF>2</INF>-e.--The term
``carbon dioxide-equivalent'' or ``CO<INF>2</INF>-e'' means the
number of metric tons of carbon dioxide emissions with the same
global warming potential as one metric ton of another
greenhouse gas.
(4) Category of covered products.--
(A) In general.--The term ``category of covered
products'' means--
(i) a category described in any of clauses
(i) through (xxii) of subparagraph (B), each of
which consists of products covered by the
headings or subheadings of the Harmonized
Tariff Schedule of the United States described
parenthetically in that clause; and
(ii) any other category of covered
products, as determined by the Secretary,
consisting of products covered by 1 or more
headings or subheadings of the Harmonized
Tariff Schedule of the United States.
(B) Categories described.--The categories referred
to in subparagraph (A)(i), consisting of products
covered by the headings or subheadings of the
Harmonized Tariff Schedule of the United States
described parenthetically for each category, are the
following:
(i) Aluminum (any of 7601 through 7608).
(ii) Articles of aluminum (any of 7609
through 7616).
(iii) Articles of cement (6810 or 6811).
(iv) Articles of iron and steel (any of
7307 through 7326).
(v) Articles of plastic (any of 3916
through 3926).
(vi) Biofuels (2207.10, 2207.20, or 3826).
(vii) Cement (2523 or 3824.5).
(viii) Crude oil (2709).
(ix) Fertilizer (2808, 2814, 2834.21, or
any of 3101 through 3105).
(x) Glass (any of 7001 through 7020).
(xi) Hydrogen (2804.10).
(xii) Iron and steel (any of 7201 through
7306).
(xiii) Lithium-ion batteries (8507.60).
(xiv) Natural gas (2711.11 or 2711.21).
(xv) Petrochemicals (2901 or 2711.14).
(xvi) Plastics (any of 3901 through 3915).
(xvii) Pulp and paper (any of 4701 through
4707 or 4801 through 4813).
(xviii) Refined strategic and critical
minerals, including copper, cobalt, graphite,
lithium, manganese, and nickel (2825.50,
2827.41, any of 7401 through 7404, 7406,
2822.00, 8105.20, 8105.30, 2504, 3801.10,
2836.91, 2825.20, 2820.10, 8111, 2825.40, any
of 7501 through 7504, or 2833.24).
(xix) Refined petroleum products (2710,
2712, 2713, 2714, 2715, 2902.20, 2902.30, or
2902.44).
(xx) Solar cells and panels (any of 8541.42
through 8541.43).
(xxi) Uranium (2612.10, 2844.10, 2844.20,
or 2844.30).
(xxii) Wind turbines (8502.31).
(C) Clarification.--If, after the Secretary begins
the first study under subsection (b), the headings or
subheadings of the Harmonized Tariff Schedule of the
United States are changed, or any products are added to
or removed from a heading or subheading, the Secretary
may continue, in that or any subsequent study, to study
the applicable products as if the applicable change had
not occurred.
(5) Covered country.--The term ``covered country'' means
each of the following:
(A) A country that is a member of the Group of
Seven.
(B) A country that is a signatory to a free trade
agreement with the United States that is in effect as
of the date on which the Secretary begins a study under
subsection (b)(1).
(C) A foreign country of concern (as defined in
section 9901 of the William M. (Mac) Thornberry
National Defense Authorization Act for Fiscal Year 2021
(15 U.S.C. 4651)).
(D) A country that, in the determination of the
Secretary, holds more than a de minimis share of the
global market share, as measured by official trade
statistics, of--
(i) 1 or more categories of covered
products; or
(ii) upstream inputs for 1 or more
categories of covered products.
(E) Any other country that the Secretary determines
to be appropriate, including any country that the
Secretary determines is a significant producer or
exporter of at least 1 category of covered products.
(6) Covered product.--
(A) In general.--The term ``covered product'' means
a product covered by--
(i) any of the headings or subheadings of
the Harmonized Tariff Schedule of the United
States described parenthetically in
subparagraph (B) of paragraph (4), subject to
subparagraph (C) of that paragraph; or
(ii) any other heading or subheading of the
Harmonized Tariff Schedule of the United States
included within a category of covered products
determined by the Secretary in accordance with
paragraph (4)(A)(ii).
(B) List of covered products.--The Secretary shall
maintain a list of covered products that identifies the
category of covered products associated with each
covered product on the list.
(7) Greenhouse gas.--The term ``greenhouse gas'' has the
meaning given the term in section 901 of the Energy
Independence and Security Act of 2007 (42 U.S.C. 17321).
(8) Product emissions intensity.--
(A) In general.--The term ``product emissions
intensity'' means the quantity of greenhouse gases
emitted to the atmosphere as a result of the
extraction, production, processing, manufacture,
assembly, and transport, as applicable, of 1 unit of a
covered product, including the greenhouse gas emissions
of an upstream input that is incorporated into a
downstream covered product.
(B) Units of measurement.--The Secretary, in
coordination with the Administrator of the
Environmental Protection Agency, shall designate the
units of measurement in which the product emissions
intensity of a covered product shall be expressed,
which may include--
(i) metric tons of CO<INF>2</INF>-e per
metric ton of a covered product;
(ii) metric tons of CO<INF>2</INF>-e per
dollar value of a covered product; or
(iii) any other unit of measurement that
the Secretary determines to be appropriate.
(9) Secretary.--The term ``Secretary'' means the Secretary
of Energy.
(b) Study.--
(1) In general.--Not later than 2 years after the date of
enactment of this Act, and not less frequently than once every
5 years thereafter, the Secretary, in coordination with the
Secretary of Commerce (including appropriate officials of the
Bureau of the Census and the International Trade
Administration), the Administrator of the Environmental
Protection Agency, the United States Trade Representative, the
Secretary of Homeland Security, the Secretary of State, the
Secretary of Agriculture, and such other Federal officials as
the Secretary determines to be appropriate, shall conduct, and
submit to the appropriate committees of Congress a report
describing the results of, a study--
(A) to determine the average product emissions
intensity of each category of covered products produced
in the United States;
(B) to identify gaps in product emissions intensity
data for categories of covered products produced in the
United States;
(C) subject to paragraph (3)(B), to determine the
average product emissions intensity of each category of
covered products produced in each covered country,
which may incorporate, as the Secretary determines to
be appropriate, findings from--
(i) the implementation of the measures
described in section 40416(a) of the
Infrastructure Investment and Jobs Act (42
U.S.C. 18776(a));
(ii) the international energy data
resources described in that section; and
(iii) other existing data sources,
including--
(I) the Greenhouse Gas Reporting
Program of the Environmental Protection
Agency;
(II) the Annual Integrated Economic
Survey and the Economic Census of the
Bureau of the Census;
(III) official trade statistics of
the United States International Trade
Commission; and
(IV) other relevant data sources,
including those described in paragraphs
(5) through (7);
(D) to identify any issues with verifying the
average product emissions intensity data for covered
products produced in each covered country; and
(E) to determine the relative average product
emissions intensity of each category of covered
products produced in the United States compared to the
average product emissions intensity of each category of
covered products produced in each covered country.
(2) Prioritization.--
(A) In general.--Subject to subparagraph (B), in
conducting the study under paragraph (1), the Secretary
shall complete all elements of the study described in
subparagraphs (A) through (E) of that paragraph within
the applicable 2- or 5-year timeframe.
(B) Prioritization due to data or time
constraints.--If completion of all elements described
in subparagraphs (A) through (E) of paragraph (1) with
respect to a study under that paragraph is precluded by
data or time constraints, the Secretary shall adhere to
the applicable 2- or 5-year timeframe by prioritizing
the study of--
(i) higher priority categories of covered
products, as described in subparagraph (C); and
(ii) higher priority covered countries,
starting with those that are among the 5
largest global exporters or the 5 largest
sources of imports into the United States.
(C) Order of priority described.--The order of
priority described in subparagraph (B)(i) is as
follows:
(i) First, categories of covered products
subject to international border carbon
adjustment mechanisms, such as the Carbon
Border Adjustment Mechanism of the European
Union, including the categories of covered
products described in each of--
(I) clause (i) of subsection
(a)(4)(B) (aluminum);
(II) clause (ii) of that subsection
(articles of aluminum);
(III) clause (iii) of that
subsection (articles of cement);
(IV) clause (iv) of that subsection
(articles of iron and steel);
(V) clause (vii) of that subsection
(cement);
(VI) clause (ix) of that subsection
(fertilizer);
(VII) clause (xi) of that
subsection (hydrogen); and
(VIII) clause (xii) of that
subsection (iron and steel).
(ii) Second, categories of covered products
relating to other emissions-intensive, trade-
exposed industries, including the categories of
covered products described in each of--
(I) clause (v) of subsection
(a)(4)(B) (articles of plastic);
(II) clause (x) of that subsection
(glass);
(III) clause (xvi) of that
subsection (plastics); and
(IV) clause (xvii) of that
subsection (pulp and paper).
(iii) Third, categories of covered products
relating to fuels, including biofuels and
uranium, or other energy materials, including
the categories of covered products described in
each of--
(I) clause (vi) of subsection
(a)(4)(B) (biofuels);
(II) clause (viii) of that
subsection (crude oil);
(III) clause (xiii) of that
subsection (lithium-ion batteries);
(IV) clause (xiv) of that
subsection (natural gas);
(V) clause (xv) of that subsection
(petrochemicals);
(VI) clause (xviii) of that
subsection (refined strategic and
critical minerals);
(VII) clause (xix) of that
subsection (refined petroleum
products);
(VIII) clause (xx) of that
subsection (solar cells and panels);
(IX) clause (xxi) of that
subsection (uranium); and
(X) clause (xxii) of that
subsection (wind turbines).
(D) Flexibility.--The Secretary may accelerate the
timeline for the collection and analysis of data
relating to any category of covered products or any
covered country if there is a reasonable justification
for the utility of accelerating the collection and
analysis of that data, such as a new trade negotiation,
a new market opportunity for the export of covered
products from the United States, or another
justification.
(3) Requirements.--
(A) In general.--In the report submitted under
paragraph (1), the Secretary shall include--
(i) a detailed, specific, and transparent
description of the methodology, developed in
coordination with the Administrator of the
Environmental Protection Agency, used to
determine the average product emissions
intensity of a category of covered products
under subparagraphs (A) and (C) of that
paragraph;
(ii) a record of all sources of data used
to determine the average product emissions
intensity of a category of covered products
under subparagraphs (A) and (C) of that
paragraph; and
(iii) the heading or subheading of the
Harmonized Tariff Schedule of the United States
associated with each covered product for which
the average product emissions intensity of a
category of covered products is determined
under subparagraphs (A) and (C) of that
paragraph.
(B) Certain covered countries.--In carrying out
subparagraph (C) of paragraph (1), the Secretary may
limit the study under that paragraph to categories of
covered products with respect to which the applicable
covered country holds more than a de minimis share of
the global market share of that category of covered
products.
(C) Reuse of end-of-life materials.--In determining
the average product emissions intensity of a category
of covered products under subparagraphs (A) and (C) of
paragraph (1), the Secretary shall favorably consider
the reuse of end-of-life materials in place of virgin
raw materials.
(4) Coordination among primary study participants.--In
carrying out paragraph (1), the Secretary, the Secretary of
Commerce, the Administrator of the Environmental Protection
Agency, the United States Trade Representative, the Secretary
of Homeland Security, the Secretary of State, and such other
Federal officials as the Secretary determines to be appropriate
shall establish procedures to facilitate timely and efficient
sharing of methodologies, data, or other information and
expertise for purposes of carrying out that paragraph,
including, if appropriate, by designating appropriate
individuals with appropriate qualifications to review any data
shared.
(5) Consultation and coordination with others.--In carrying
out paragraph (1), the Secretary may consult and enter into
agreements with institutions having relevant data or data
collection or analysis capabilities, such as the National
Laboratories, the National Institute of Standards and
Technology, the National Academy of Sciences, the International
Energy Agency, the Organisation for Economic Co-operation and
Development, and relevant academic and non-governmental
partners.
(6) Consultation and coordination with industry partners.--
(A) In general.--In carrying out paragraph (1), the
Secretary, in coordination with the Secretary of
Commerce, shall--
(i) establish a process to receive data
from industry partners on a voluntary basis,
which the Secretary may incorporate at the
discretion of the Secretary;
(ii) coordinate with existing industry
emissions reporting mechanisms, to the extent
that the Secretary determines appropriate; and
(iii) establish a process pursuant to which
industry partners may request that--
(I) a product be included on the
list of covered products maintained
under subsection (a)(6)(B);
(II) a product be analyzed as a
covered product in subsequent studies
and reports under that paragraph; and
(III) certain data be treated as
confidential business information, the
disclosure of which may be limited with
respect to--
(aa) the public database
described in subsection (c);
and
(bb) the report submitted
under paragraph (1).
(B) Limitation.--Nothing in this paragraph affects
how data may be treated pursuant to any other law or
authority with respect to--
(i) the proprietary status of the data; or
(ii) any other protection from public
disclosure.
(7) International coordination.--
(A) In general.--In carrying out paragraph (1), the
Secretary, the Secretary of Commerce, the Administrator
of the Environmental Protection Agency, the United
States Trade Representative, and the Secretary of State
shall make every effort to coordinate with the
governments of covered countries--
(i) to inform the determination of average
emissions intensity values;
(ii) to advance common emissions accounting
methodologies and data formats; and
(iii) to improve overall data availability
and quality.
(B) Consultation.--In any case in which a covered
country is credibly collaborating with the Secretary by
supporting the collection, analysis, or verification of
data, the Secretary may give that covered country--
(i) a right to consultation with respect to
the determination of the average product
emissions intensity of 1 or more categories of
covered products produced in that covered
country;
(ii) an opportunity to discuss chosen data;
and
(iii) an opportunity to fill data gaps.
(8) Data availability.--
(A) In general.--In carrying out paragraph (1), the
Secretary shall--
(i) take note of any instances in which
there is not sufficient data to estimate with
reasonable accuracy the average product
emissions intensity of a category of covered
products under subparagraph (A) or (C) of that
paragraph;
(ii) include in the report submitted under
that paragraph--
(I) a notation with respect to each
instance noted under clause (i); and
(II) an explanation for that
notation;
(iii) identify any gaps in product
emissions intensity data for covered products
or categories of covered products produced in
the United States; and
(iv) coordinate with the United States
Trade Representative to assess the feasibility
of implementing, within existing authority, a
requirement for importers to provide data to
fill any gaps in product emissions intensity
data for covered products or categories of
covered products imported into the United
States.
(B) Requirement.--For each instance noted under
subparagraph (A)(i), the Secretary shall estimate with
reasonable accuracy the average product emissions
intensity of the next highest aggregation of categories
of covered products for which data are available.
(C) Considerations.--In determining whether there
are sufficient data to estimate with reasonable
accuracy the average product emissions intensity of a
covered product or category of covered products under
subparagraph (A)(i), the Secretary shall consider the
following factors:
(i) The public availability of statistics
on greenhouse gas emissions for particular
industries from government sources and
international organizations.
(ii) The public availability of data on the
quantity and source of inputs, such as
electricity, consumed by particular industries.
(iii) The extent to which the data
described in clauses (i) and (ii) cover a
representative group of producers within an
industry.
(iv) The transparency in the method used to
collect, analyze, summarize, and publish the
data described in clauses (i) and (ii).
(v) Whether there are other factors that
may impact the accuracy of the data used.
(vi) The recency of the data used.
(c) Public Database.--The Secretary shall establish a public online
database, or leverage an existing public online database, for--
(1) the average product emissions intensity data collected
under subparagraphs (A) and (C) of subsection (b)(1); and
(2) the relative average product emissions intensity of
covered products determined under subparagraph (E) of that
subsection.
(d) Updates.--Not less frequently than once every 5 years, the
Secretary shall update--
(1) the database established under subsection (c); and
(2) the list of covered products maintained under
subsection (a)(6)(B).
(e) Prioritization of Updates.--The Secretary shall prioritize
updating data for categories of covered products for which data already
exists in the database established under subsection (c), with the goal
of adding data for additional categories of covered products and
additional covered countries as available.
(f) Clarification.--Nothing in this Act provides any new authority
to any Federal agency--
(1) to impose, collect, or enforce a greenhouse gas
emissions tax, fee, duty, price, or charge; or
(2) to establish a new mandatory reporting requirement
(including by regulation) with respect to the domestic
production of any category of covered products.
Calendar No. 311
118th CONGRESS
2d Session
S. 1863
_______________________________________________________________________
A BILL
To require the Secretary of Energy to conduct a study and submit a
report on the greenhouse gas emissions intensity of certain products
produced in the United States and in certain foreign countries, and for
other purposes.
_______________________________________________________________________
January 25, 2024
Reported with an amendment