[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1863 Introduced in Senate (IS)]

<DOC>






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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