Plain English summary not yet available
The full original text is available below. Check back soon as we process this bill.
II
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 inten-
sity 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 Representa-
1
tives of the United States of America in Congress assembled,
2
VerDate Sep 11 2014
00:38 Jan 26, 2024
Jkt 049200
PO 00000
Frm 00001
Fmt 6652
Sfmt 6201
E:\BILLS\S1863.RS
S1863
ssavage on LAPJG3WLY3PROD with BILLS
2
•S 1863 RS
SECTION 1. SHORT TITLE.
1
This Act may be cited as the ‘‘Providing Reliable, Ob-
2
jective, Verifiable Emissions Intensity and Transparency
3
Act of 2023’’ or the ‘‘PROVE IT Act of 2023’’.
4
SEC. 2. STUDY ON GREENHOUSE GAS EMISSIONS INTEN-
5
SITY OF CERTAIN PRODUCTS PRODUCED IN
6
THE UNITED STATES AND IN CERTAIN FOR-
7
EIGN COUNTRIES.
8
(a) DEFINITIONS.—In this section:
9
(1)
APPROPRIATE
COMMITTEES
OF
CON-
10
GRESS.—The term ‘‘appropriate committees of Con-
11
gress’’ means—
12
(A) the Committee on Energy and Natural
13
Resources of the Senate; and
14
(B) the Committee on Energy and Com-
15
merce of the House of Representatives.
16
(2)
AVERAGE
PRODUCT
EMISSIONS
INTEN-
17
SITY.—The term ‘‘average product emissions inten-
18
sity’’ means the national average of the product
19
emissions intensity of a category of covered products
20
produced in, as applicable—
21
(A) the United States; or
22
(B) a covered country.
23
(3) CARBON
DIOXIDE-EQUIVALENT; CO2-e.—
24
The term ‘‘carbon dioxide-equivalent’’ or ‘‘CO2-e’’
25
means the number of metric tons of carbon dioxide
26
VerDate Sep 11 2014
00:38 Jan 26, 2024
Jkt 049200
PO 00000
Frm 00002
Fmt 6652
Sfmt 6401
E:\BILLS\S1863.RS
S1863
ssavage on LAPJG3WLY3PROD with BILLS
3
•S 1863 RS
emissions with the same global warming potential as
1
one metric ton of another greenhouse gas.
2
(4) CATEGORY OF COVERED PRODUCTS.—
3
(A) IN GENERAL.—The term ‘‘category of
4
covered products’’ means—
5
(i) a category described in any of
6
clauses (i) through (xxii) of subparagraph
7
(B), each of which consists of products
8
covered by the headings or subheadings of
9
the Harmonized Tariff Schedule of the
10
United States described parenthetically in
11
that clause; and
12
(ii) any other category of covered
13
products, as determined by the Secretary,
14
consisting of products covered by 1 or
15
more headings or subheadings of the Har-
16
monized Tariff Schedule of the United
17
States.
18
(B) CATEGORIES
DESCRIBED.—The cat-
19
egories referred to in subparagraph (A)(i), con-
20
sisting of products covered by the headings or
21
subheadings of the Harmonized Tariff Schedule
22
of the United States described parenthetically
23
for each category, are the following:
24
VerDate Sep 11 2014
00:38 Jan 26, 2024
Jkt 049200
PO 00000
Frm 00003
Fmt 6652
Sfmt 6401
E:\BILLS\S1863.RS
S1863
ssavage on LAPJG3WLY3PROD with BILLS
4
•S 1863 RS
(i) Aluminum (any of 7601 through
1
7608).
2
(ii) Articles of aluminum (any of 7609
3
through 7616).
4
(iii)
Articles
of
cement
(6810
or
5
6811).
6
(iv) Articles of iron and steel (any of
7
7307 through 7326).
8
(v) Articles of plastic (any of 3916
9
through 3926).
10
(vi) Biofuels (2207.10, 2207.20, or
11
3826).
12
(vii) Cement (2523 or 3824.5).
13
(viii) Crude oil (2709).
14
(ix) Fertilizer (2808, 2814, 2834.21,
15
or any of 3101 through 3105).
16
(x) Glass (any of 7001 through 7020).
17
(xi) Hydrogen (2804.10).
18
(xii) Iron and steel (any of 7201
19
through 7306).
20
(xiii) Lithium-ion batteries (8507.60).
21
(xiv)
Natural
gas
(2711.11
or
22
2711.21).
23
(xv)
Petrochemicals
(2901
or
24
2711.14).
25
VerDate Sep 11 2014
00:38 Jan 26, 2024
Jkt 049200
PO 00000
Frm 00004
Fmt 6652
Sfmt 6401
E:\BILLS\S1863.RS
S1863
ssavage on LAPJG3WLY3PROD with BILLS
5
•S 1863 RS
(xvi) Plastics (any of 3901 through
1
3915).
2
(xvii) Pulp and paper (any of 4701
3
through 4707 or 4801 through 4813).
4
(xviii) Refined strategic and critical
5
minerals, including copper, cobalt, graph-
6
ite,
lithium,
manganese,
and
nickel
7
(2825.50, 2827.41, any of 7401 through
8
7404, 7406, 2822.00, 8105.20, 8105.30,
9
2504,
3801.10,
2836.91,
2825.20,
10
2820.10,
8111,
2825.40,
any
of
7501
11
through 7504, or 2833.24).
12
(xix)
Refined
petroleum
products
13
(2710, 2712, 2713, 2714, 2715, 2902.20,
14
2902.30, or 2902.44).
15
(xx) Solar cells and panels (any of
16
8541.42
through
8541.43
or
8501.71
17
through 8501.80).
18
(xxi)
Uranium
(2612.10,
2844.10,
19
2844.20, or 2844.30).
20
(xxii) Wind turbines (8502.31).
21
(5) COVERED
COUNTRY.—The term ‘‘covered
22
country’’ means each of the following:
23
(A) A country that is a member of the
24
Group of Seven.
25
VerDate Sep 11 2014
00:38 Jan 26, 2024
Jkt 049200
PO 00000
Frm 00005
Fmt 6652
Sfmt 6401
E:\BILLS\S1863.RS
S1863
ssavage on LAPJG3WLY3PROD with BILLS
6
•S 1863 RS
(B) A country that is a signatory to a free
1
trade agreement with the United States that is
2
in effect as of the date on which the Secretary
3
begins a study under subsection (b)(1).
4
(C) A foreign country of concern (as de-
5
fined in section 9901 of the William M. (Mac)
6
Thornberry National Defense Authorization Act
7
for Fiscal Year 2021 (15 U.S.C. 4651)).
8
(D) A country that, in the determination
9
of the Secretary, holds more than a de minimis
10
share of the global market share, as measured
11
by official trade statistics, of—
12
(i) 1 or more categories of covered
13
products; or
14
(ii) upstream inputs for 1 or more
15
categories of covered products.
16
(E) Any other country that the Secretary
17
determines to be appropriate, including any
18
country that the Secretary determines is a sig-
19
nificant producer or exporter of at least 1 cat-
20
egory of covered products.
21
(6) COVERED PRODUCT.—
22
(A)
IN
GENERAL.—The
term
‘‘covered
23
product’’ means a product covered by—
24
VerDate Sep 11 2014
00:38 Jan 26, 2024
Jkt 049200
PO 00000
Frm 00006
Fmt 6652
Sfmt 6401
E:\BILLS\S1863.RS
S1863
ssavage on LAPJG3WLY3PROD with BILLS
7
•S 1863 RS
(i) any of the headings or subheadings
1
of the Harmonized Tariff Schedule of the
2
United States described parenthetically in
3
paragraph (4)(B); or
4
(ii) any other heading or subheading
5
of the Harmonized Tariff Schedule of the
6
United States included within a category
7
of covered products determined by the Sec-
8
retary
in
accordance
with
paragraph
9
(4)(A)(ii).
10
(B) LIST
OF
COVERED
PRODUCTS.—The
11
Secretary shall maintain a list of covered prod-
12
ucts that identifies the category of covered
13
products associated with each covered product
14
on the list.
15
(7) GREENHOUSE GAS.—The term ‘‘greenhouse
16
gas’’ has the meaning given the term in section 901
17
of the Energy Independence and Security Act of
18
2007 (42 U.S.C. 17321).
19
(8) PRODUCT EMISSIONS INTENSITY.—
20
(A)
IN
GENERAL.—The
term
‘‘product
21
emissions intensity’’ means the quantity of
22
greenhouse gases emitted to the atmosphere as
23
a result of the extraction, production, proc-
24
essing, manufacture, and assembly, as applica-
25
VerDate Sep 11 2014
00:38 Jan 26, 2024
Jkt 049200
PO 00000
Frm 00007
Fmt 6652
Sfmt 6401
E:\BILLS\S1863.RS
S1863
ssavage on LAPJG3WLY3PROD with BILLS
8
•S 1863 RS
ble, of 1 unit of a covered product, including
1
the greenhouse gas emissions of an upstream
2
input that is incorporated into a downstream
3
covered product.
4
(B) UNITS OF MEASUREMENT.—The Sec-
5
retary, as the Secretary determines to be appro-
6
priate, shall designate the units of measurement
7
in which the product emissions intensity of a
8
covered product shall be expressed, which may
9
include—
10
(i) metric tons of CO2-e per metric
11
ton of a covered product;
12
(ii) metric tons of CO2-e per dollar
13
value of a covered product; or
14
(iii) any other unit of measurement
15
that the Secretary determines to be appro-
16
priate.
17
(9) SECRETARY.—The term ‘‘Secretary’’ means
18
the Secretary of Energy.
19
(b) STUDY.—
20
(1) IN GENERAL.—Not later than 2 years after
21
the date of enactment of this Act, and not less fre-
22
quently than once every 5 years thereafter, the Sec-
23
retary, in coordination with the Secretary of Com-
24
merce (including appropriate officials of the Bureau
25
VerDate Sep 11 2014
00:38 Jan 26, 2024
Jkt 049200
PO 00000
Frm 00008
Fmt 6652
Sfmt 6401
E:\BILLS\S1863.RS
S1863
ssavage on LAPJG3WLY3PROD with BILLS
9
•S 1863 RS
of the Census and the International Trade Adminis-
1
tration), the Administrator of the Environmental
2
Protection Agency, the United States Trade Rep-
3
resentative, the Secretary of Homeland Security, the
4
Secretary of State, and such other Federal officials
5
as the Secretary determines to be appropriate, shall
6
conduct, and submit to the appropriate committees
7
of Congress a report describing the results of, a
8
study—
9
(A) to determine the average product emis-
10
sions intensity of each category of covered prod-
11
ucts produced in the United States;
12
(B) to identify gaps in product emissions
13
intensity data for categories of covered products
14
produced in the United States;
15
(C) subject to paragraph (2)(B), to deter-
16
mine the average product emissions intensity of
17
each category of covered products produced in
18
covered countries, which may incorporate, as
19
the Secretary determines to be appropriate,
20
findings from—
21
(i) the implementation of the meas-
22
ures described in section 40416(a) of the
23
Infrastructure Investment and Jobs Act
24
(42 U.S.C. 18776(a)); and
25
VerDate Sep 11 2014
00:38 Jan 26, 2024
Jkt 049200
PO 00000
Frm 00009
Fmt 6652
Sfmt 6401
E:\BILLS\S1863.RS
S1863
ssavage on LAPJG3WLY3PROD with BILLS
10
•S 1863 RS
(ii) the international energy data re-
1
sources described in that section;
2
(D) to identify any issues with verifying
3
the average product emissions intensity data for
4
covered products produced in covered countries;
5
and
6
(E) to determine the relative average prod-
7
uct emissions intensity of each category of cov-
8
ered products produced in the United States
9
compared to the average product emissions in-
10
tensity of each category of covered products
11
produced in covered countries.
12
(2) REQUIREMENTS.—
13
(A) IN GENERAL.—The report submitted
14
under paragraph (1) shall include—
15
(i) a detailed, specific, and trans-
16
parent description of the methodology used
17
to determine the average product emissions
18
intensity of a category of covered products
19
under subparagraphs (A) and (C) of that
20
paragraph;
21
(ii) a record of all sources of data
22
used to determine the average product
23
emissions intensity of a category of covered
24
VerDate Sep 11 2014
00:38 Jan 26, 2024
Jkt 049200
PO 00000
Frm 00010
Fmt 6652
Sfmt 6401
E:\BILLS\S1863.RS
S1863
ssavage on LAPJG3WLY3PROD with BILLS
11
•S 1863 RS
products under subparagraphs (A) and (C)
1
of that paragraph; and
2
(iii) the heading or subheading of the
3
Harmonized Tariff Schedule of the United
4
States associated with each covered prod-
5
uct for which the average product emis-
6
sions intensity of a category of covered
7
products
is
determined
under
subpara-
8
graphs (A) and (C) of that paragraph.
9
(B) CERTAIN COVERED COUNTRIES.—With
10
respect to a covered country described in sub-
11
paragraph (C) or (D) of subsection (a)(5), in
12
carrying out subparagraph (C) of paragraph
13
(1), the Secretary may limit the study under
14
that paragraph to categories of covered prod-
15
ucts with respect to which the covered country
16
holds more than a de minimis share of the glob-
17
al market share of that category of covered
18
products.
19
(C) REUSE OF END-OF-LIFE MATERIALS.—
20
In determining the average product emissions
21
intensity of a category of covered products
22
under subparagraphs (A) and (C) of paragraph
23
(1), the Secretary shall favorably consider the
24
VerDate Sep 11 2014
00:38 Jan 26, 2024
Jkt 049200
PO 00000
Frm 00011
Fmt 6652
Sfmt 6401
E:\BILLS\S1863.RS
S1863
ssavage on LAPJG3WLY3PROD with BILLS
12
•S 1863 RS
reuse of end-of-life materials in place of virgin
1
raw materials.
2
(3)
COORDINATION
AMONG
PRIMARY
STUDY
3
PARTICIPANTS.—In carrying out paragraph (1), the
4
Secretary, the Secretary of Commerce, the Adminis-
5
trator of the Environmental Protection Agency, the
6
United States Trade Representative, the Secretary
7
of Homeland Security, the Secretary of State, and
8
such other Federal officials as the Secretary deter-
9
mines to be appropriate shall establish procedures to
10
facilitate timely and efficient data sharing for pur-
11
poses of carrying out that paragraph, including, if
12
appropriate, by designating appropriate individuals
13
with appropriate qualifications to review any data
14
shared.
15
(4) CONSULTATION AND COORDINATION WITH
16
OTHERS.—In carrying out paragraph (1), the Sec-
17
retary may consult and enter into agreements with
18
institutions having relevant data or data collection
19
or analysis capabilities, such as the National Lab-
20
oratories, the National Institute of Standards and
21
Technology, the National Academy of Sciences, the
22
International Energy Agency, the Organisation for
23
Economic Co-operation and Development, and rel-
24
evant academic and think-tank partners.
25
VerDate Sep 11 2014
00:38 Jan 26, 2024
Jkt 049200
PO 00000
Frm 00012
Fmt 6652
Sfmt 6401
E:\BILLS\S1863.RS
S1863
ssavage on LAPJG3WLY3PROD with BILLS
13
•S 1863 RS
(5) CONSULTATION AND COORDINATION WITH
1
INDUSTRY.—In carrying out paragraph (1), the Sec-
2
retary, in coordination with the Secretary of Com-
3
merce, shall establish—
4
(A) a process to receive data from industry
5
partners; and
6
(B) a process pursuant to which industry
7
may request that a product be—
8
(i) included on the list of covered
9
products
maintained
under
subsection
10
(a)(6)(B); and
11
(ii) analyzed as a covered product in
12
subsequent studies and reports under that
13
paragraph.
14
(6) INTERNATIONAL COORDINATION.—
15
(A) IN GENERAL.—In carrying out para-
16
graph (1), the Secretary, the Secretary of
[Text truncated for display. Full text available on Congress.gov.]
Important: This plain English summary was generated by AI and is provided for informational purposes only.
It is not legal advice. Always consult the official bill text on Congress.gov
or a qualified attorney for legal matters.