[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