PROVE IT Act of 2024

(1) The European Union enacted, and is beginning enforcement of, a carbon border adjustment mechanism that will impact the United States. Other major trading partners of the United States are exploring or developing similar policies, including Australia, Japan, and the United Kingdom.

(2) Questions remain about how the European Union and others will calculate United States emissions intensity for covered products and the accuracy of such determinations.

(3) Public entities, like the Department of Energy’s National Energy Technology Laboratory, and various private sector groups have published studies showing the United States comparative emissions intensity advantage in production of manufactured goods like steel and aluminum, as well as raw energy sources like critical minerals, natural gas, and crude oil.

(4) The private sector of the United States is leading in emissions reductions and abides by some of the cleanest and safest standards in the world.

(5) There is a need to obtain high-quality and consolidated government data to show America’s comparative emissions advantage in the event of questionable calculations of United States emissions by foreign entities.

(6) In stark contrast, China has leveraged human rights abuses and lax environmental performance and enforcement to create a competitive advantage in international trade, undermining United States industrial competitiveness. Nonmarket economies that do not share common social and economic values with the United States share this general tendency.

(7) The United States needs a better understanding of the extent of human rights abuses and how they impact international trade flows.

Not later than 2 years after the date of enactment of this Act, and not later than 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 United States International Trade Commission, 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.

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.

With respect to a covered country described in subparagraph (C) or (D) of section 5(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.

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.

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.

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.

In carrying out paragraph (1), the Secretary, in coordination with the Secretary of Commerce, shall establish—

(A) a process to receive data and comments from industry partners; and

(B) a process for industry partners to submit comments for purposes of the later study and report required under such paragraph.

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 product emissions intensity values;

(ii) to advance common emissions accounting methodologies and data formats; and

(iii) to improve overall data availability and quality.

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.

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.

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.

In determining whether there are sufficient data to precisely determine the average product emissions intensity of a 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 methods 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).

The Secretary shall establish a public online database of—

(1) the average product emissions intensity data determined under subparagraphs (A) and (C) of subsection (a)(1); and

(2) the relative average product emissions intensity of each category of covered products determined under subparagraph (E) of that subsection.

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.

Not later than March 1 of each year, the Secretary of Commerce, in coordination with the Secretary of State, the United States Trade Representative, and other Federal officials that the Secretary of Commerce determines appropriate, shall submit to the Committee on Energy and Commerce and the Committee on Foreign Affairs of the House of Representatives and the Committee on Energy and Natural Resources and the Committee on Foreign Relations of the Senate a report describing, to the extent practicable, how any foreign government gains a competitive advantage in international trade by permitting, or engaging in, through its agents, representatives, or enterprises, wholly- or partly-owned, or in collaboration with a private entity, the use of forced or compulsory labor, child labor, or unacceptable conditions of work with respect to occupational safety and health, within its sovereign territory or abroad.

Each report submitted under subsection (a) shall identify foreign countries that use human rights abuses to extract critical minerals or rare earths.

Each report submitted under subsection (a) shall be in unclassified form, but may include a classified annex.

The term appropriate committees of Congress means—

(A) the Committee on Energy and Natural Resources of the Senate;

(B) the Committee on Environment and Public Works of the Senate; and

(C) the Committee on Energy and Commerce of the House of Representatives.

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.

The term carbon dioxide-equivalent or CO 2 -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.

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.

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).

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 section 3.

(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.

The term covered product means a product covered by—

(A) any of the headings or subheadings of the Harmonized Tariff Schedule of the United States described parenthetically in paragraph (4)(B); or

(B) 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).

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).

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.

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 2 -e per metric ton of a covered product;

(ii) metric tons of CO 2 -e per dollar value of a covered product; or

(iii) any other unit of measurement that the Secretary determines to be appropriate.

The term Secretary means the Secretary of Energy.