[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1863 Introduced in Senate (IS)]
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118th CONGRESS
1st 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, and Mr.
Hickenlooper) introduced the following bill; which was read twice and
referred to the Committee on Environment and Public Works
_______________________________________________________________________
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,
SECTION 1. SHORT TITLE.
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''.
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 Energy and Natural Resources
of the Senate; and
(B) 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 or 8501.71 through 8501.80).
(xxi) Uranium (2612.10, 2844.10, 2844.20,
or 2844.30).
(xxii) Wind turbines (8502.31).
(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 paragraph
(4)(B); 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, 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.
(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--
(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, 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 (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--
(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
(ii) the international energy data
resources described in that section;
(D) to identify any issues with verifying the
average product emissions intensity data for covered
products produced in covered countries; 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 covered countries.
(2) Requirements.--
(A) In general.--The report submitted under
paragraph (1) shall include--
(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;
(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.--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.
(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.
(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.
(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.
(5) Consultation and coordination with industry.--In
carrying out paragraph (1), the Secretary, in coordination with
the Secretary of Commerce, shall establish--
(A) a process to receive data from industry
partners; and
(B) a process pursuant to which industry may
request that a product be--
(i) included on the list of covered
products maintained under subsection (a)(6)(B);
and
(ii) analyzed as a covered product in
subsequent studies and reports under that
paragraph.
(6) International coordination.--
(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--
(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.
(7) 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 precisely
determine 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 issues with verifying
the average product emissions intensity data
for categories of covered products under
subparagraph (A) or (C) of that paragraph; and
(iv) identify any gaps in product emissions
intensity data for covered products or
categories of covered products produced in the
United States.
(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.
(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:
(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 precision of the data described
in clauses (i) and (ii).
(vi) The recency of the data described in
clauses (i) and (ii).
(c) Public Database.--The Secretary shall establish a public online
database of--
(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).
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