I 

118TH CONGRESS 

2D SESSION H. R. 8957 

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 HOUSE OF REPRESENTATIVES 

JULY 9, 2024 

Mr. CURTIS (for himself, Mr. PETERS, Mr. GARBARINO, Mr. SORENSEN, Ms. 

SALAZAR, Ms. HOULAHAN, Mr. BUCSHON, Mr. CARBAJAL, Mrs. CHAVEZDEREMER, Mr. PANETTA, Mr. BERGMAN, Ms. KUSTER, Mr. VALADAO, 

Mr. CARTER of Louisiana, Mr. CISCOMANI, Mr. COSTA, Mr. MOORE of 

Utah, Mr. COHEN, Ms. MALOY, Mr. MAGAZINER, and Ms. DEGETTE) introduced the following bill; which was referred to the Committee on Ways 

and Means, and in addition to the Committees on Energy and Commerce, 

and Foreign Affairs, for a period to be subsequently determined by the 

Speaker, in each case for consideration of such provisions as fall within 

the jurisdiction of the committee concerned 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 


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1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Providing Reliable, Ob3 jective, Verifiable Emissions Intensity and Transparency 

4 Act of 2024’’ or the ‘‘PROVE IT Act of 2024’’. 

5 SEC. 2. FINDINGS. 

6 Congress finds the following: 

7 (1) The European Union enacted, and is begin8 ning enforcement of, a carbon border adjustment 

9 mechanism that will impact the United States. Other 

10 major trading partners of the United States are ex11 ploring or developing similar policies, including Aus12 tralia, Japan, and the United Kingdom. 

13 (2) Questions remain about how the European 

14 Union and others will calculate United States emis15 sions intensity for covered products and the accuracy 

16 of such determinations. 

17 (3) Public entities, like the Department of En18 ergy’s National Energy Technology Laboratory, and 

19 various private sector groups have published studies 

20 showing the United States comparative emissions in21 tensity advantage in production of manufactured 

22 goods like steel and aluminum, as well as raw energy 

23 sources like critical minerals, natural gas, and crude 

24 oil. 


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1 (4) The private sector of the United States is 

2 leading in emissions reductions and abides by some 

3 of the cleanest and safest standards in the world. 

4 (5) There is a need to obtain high-quality and 

5 consolidated government data to show America’s 

6 comparative emissions advantage in the event of 

7 questionable calculations of United States emissions 

8 by foreign entities. 

9 (6) In stark contrast, China has leveraged 

10 human rights abuses and lax environmental perform11 ance and enforcement to create a competitive advan12 tage in international trade, undermining United 

13 States industrial competitiveness. Nonmarket econo14 mies that do not share common social and economic 

15 values with the United States share this general 

16 tendency. 

17 (7) The United States needs a better under18 standing of the extent of human rights abuses and 

19 how they impact international trade flows. 

20 SEC. 3. STUDY ON GREENHOUSE GAS EMISSIONS INTEN21 SITY OF CERTAIN PRODUCTS PRODUCED IN 

22 THE UNITED STATES AND IN CERTAIN FOR23 EIGN COUNTRIES. 

24 (a) STUDY.— 


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1 (1) IN GENERAL.—Not later than 2 years after 

2 the date of enactment of this Act, and not later than 

3 5 years thereafter, the Secretary, in coordination 

4 with the Secretary of Commerce (including appro5 priate officials of the Bureau of the Census and the 

6 International Trade Administration), the Adminis7 trator of the Environmental Protection Agency, the 

8 United States Trade Representative, the United 

9 States International Trade Commission, the Sec10 retary of Homeland Security, the Secretary of State, 

11 and such other Federal officials as the Secretary de12 termines to be appropriate, shall conduct, and sub13 mit to the appropriate committees of Congress a re14 port describing the results of, a study— 

15 (A) to determine the average product emis16 sions intensity of each category of covered prod17 ucts produced in the United States; 

18 (B) to identify gaps in product emissions 

19 intensity data for categories of covered products 

20 produced in the United States; 

21 (C) subject to paragraph (2)(B), to deter22 mine the average product emissions intensity of 

23 each category of covered products produced in 

24 covered countries, which may incorporate, as 


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1 the Secretary determines to be appropriate, 

2 findings from— 

3 (i) the implementation of the meas4 ures described in section 40416(a) of the 

5 Infrastructure Investment and Jobs Act 

6 (42 U.S.C. 18776(a)); and 

7 (ii) the international energy data re8 sources described in that section; 

9 (D) to identify any issues with verifying 

10 the average product emissions intensity data for 

11 covered products produced in covered countries; 

12 and 

13 (E) to determine the relative average prod14 uct emissions intensity of each category of cov15 ered products produced in the United States 

16 compared to the average product emissions in17 tensity of each category of covered products 

18 produced in covered countries. 

19 (2) REQUIREMENTS.— 

20 (A) IN GENERAL.—The report submitted 

21 under paragraph (1) shall include— 

22 (i) a detailed, specific, and trans23 parent description of the methodology used 

24 to determine the average product emissions 

25 intensity of a category of covered products 


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1 under subparagraphs (A) and (C) of that 

2 paragraph; 

3 (ii) a record of all sources of data 

4 used to determine the average product 

5 emissions intensity of a category of covered 

6 products under subparagraphs (A) and (C) 

7 of that paragraph; and 

8 (iii) the heading or subheading of the 

9 Harmonized Tariff Schedule of the United 

10 States associated with each covered prod11 uct for which the average product emis12 sions intensity of a category of covered 

13 products is determined under subpara14 graphs (A) and (C) of that paragraph. 

15 (B) CERTAIN COVERED COUNTRIES.—With 

16 respect to a covered country described in sub17 paragraph (C) or (D) of section 5(5), in car18 rying out subparagraph (C) of paragraph (1), 

19 the Secretary may limit the study under that 

20 paragraph to categories of covered products 

21 with respect to which the covered country holds 

22 more than a de minimis share of the global 

23 market share of that category of covered prod24 ucts. 


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1 (C) REUSE OF END-OF-LIFE MATERIALS.— 

2 In determining the average product emissions 

3 intensity of a category of covered products 

4 under subparagraphs (A) and (C) of paragraph 

5 (1), the Secretary shall favorably consider the 

6 reuse of end-of-life materials in place of virgin 

7 raw materials. 

8 (3) COORDINATION AMONG PRIMARY STUDY

9 PARTICIPANTS.—In carrying out paragraph (1), the 

10 Secretary, the Secretary of Commerce, the Adminis11 trator of the Environmental Protection Agency, the 

12 United States Trade Representative, the Secretary 

13 of Homeland Security, the Secretary of State, and 

14 such other Federal officials as the Secretary deter15 mines to be appropriate shall establish procedures to 

16 facilitate timely and efficient data sharing for pur17 poses of carrying out that paragraph, including, if 

18 appropriate, by designating appropriate individuals 

19 with appropriate qualifications to review any data 

20 shared. 

21 (4) CONSULTATION AND COORDINATION WITH

22 OTHERS.—In carrying out paragraph (1), the Sec23 retary may consult and enter into agreements with 

24 institutions having relevant data or data collection 

25 or analysis capabilities, such as the National LabVerDate Sep 11 2014 03:53 Aug 10, 2024 Jkt 049200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H8957.IH H8957

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1 oratories, the National Institute of Standards and 

2 Technology, the National Academy of Sciences, the 

3 International Energy Agency, the Organisation for 

4 Economic Co-operation and Development, and rel5 evant academic and think-tank partners. 

6 (5) CONSULTATION AND COORDINATION WITH

7 INDUSTRY.—In carrying out paragraph (1), the Sec8 retary, in coordination with the Secretary of Com9 merce, shall establish— 

10 (A) a process to receive data and com11 ments from industry partners; and 

12 (B) a process for industry partners to sub13 mit comments for purposes of the later study 

14 and report required under such paragraph. 

15 (6) INTERNATIONAL COORDINATION.— 

16 (A) IN GENERAL.—In carrying out para17 graph (1), the Secretary, the Secretary of 

18 State, and the United States Trade Representa19 tive shall make every effort to coordinate with 

20 the governments of covered countries— 

21 (i) to inform the determination of av22 erage product emissions intensity values; 

23 (ii) to advance common emissions ac24 counting methodologies and data formats; 

25 and 


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1 (iii) to improve overall data avail2 ability and quality. 

3 (B) CONSULTATION.—In any case in which 

4 a covered country is credibly collaborating with 

5 the Secretary by supporting the collection, anal6 ysis, or verification of data, the Secretary may 

7 give that covered country— 

8 (i) a right to consultation with respect 

9 to the determination of the average prod10 uct emissions intensity of 1 or more cat11 egories of covered products produced in 

12 that covered country; 

13 (ii) an opportunity to discuss chosen 

14 data; and 

15 (iii) an opportunity to fill data gaps. 

16 (7) DATA AVAILABILITY.— 

17 (A) IN GENERAL.—In carrying out para18 graph (1), the Secretary shall— 

19 (i) take note of any instances in which 

20 there is not sufficient data to precisely de21 termine the average product emissions in22 tensity of a category of covered products 

23 under subparagraph (A) or (C) of that 

24 paragraph; 


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1 (ii) include in the report submitted 

2 under that paragraph— 

3 (I) a notation with respect to 

4 each instance noted under clause (i); 

5 and 

6 (II) an explanation for that nota7 tion; 

8 (iii) identify any issues with verifying 

9 the average product emissions intensity 

10 data for categories of covered products 

11 under subparagraph (A) or (C) of that 

12 paragraph; and 

13 (iv) identify any gaps in product emis14 sions intensity data for covered products or 

15 categories of covered products produced in 

16 the United States. 

17 (B) REQUIREMENT.—For each instance 

18 noted under subparagraph (A)(i), the Secretary 

19 shall determine the average product emissions 

20 intensity of the next highest aggregation of cat21 egories of covered products for which data are 

22 available. 

23 (C) CONSIDERATIONS.—In determining 

24 whether there are sufficient data to precisely 

25 determine the average product emissions intenVerDate Sep 11 2014 03:53 Aug 10, 2024 Jkt 049200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\H8957.IH H8957

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1 sity of a category of covered products under 

2 subparagraph (A)(i), the Secretary shall con3 sider the following factors: 

4 (i) The public availability of statistics 

5 on greenhouse gas emissions for particular 

6 industries from government sources and 

7 international organizations. 

8 (ii) The public availability of data on 

9 the quantity and source of inputs, such as 

10 electricity, consumed by particular indus11 tries. 

12 (iii) The extent to which the data de13 scribed in clauses (i) and (ii) cover a rep14 resentative group of producers within an 

15 industry. 

16 (iv) The transparency in the methods 

17 used to collect, analyze, summarize, and 

18 publish the data described in clauses (i) 

19 and (ii). 

20 (v) Whether there are other factors 

21 that may impact the precision of the data 

22 described in clauses (i) and (ii). 

23 (vi) The recency of the data described 

24 in clauses (i) and (ii). 


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1 (b) PUBLIC DATABASE.—The Secretary shall estab2 lish a public online database of— 

3 (1) the average product emissions intensity data 

4 determined under subparagraphs (A) and (C) of 

5 subsection (a)(1); and 

6 (2) the relative average product emissions in7 tensity of each category of covered products deter8 mined under subparagraph (E) of that subsection. 

9 (c) CLARIFICATION.—Nothing in this Act provides 

10 any new authority to any Federal agency— 

11 (1) to impose, collect, or enforce a greenhouse 

12 gas emissions tax, fee, duty, price, or charge; or 

13 (2) to establish a new mandatory reporting re14 quirement (including by regulation) with respect to 

15 the domestic production of any category of covered 

16 products. 

17 SEC. 4. ANNUAL REPORT ON FOREIGN COUNTRIES THAT 

18 USE HUMAN RIGHTS ABUSES TO CREATE A 

19 COMPETITIVE ADVANTAGE IN TRADE. 

20 (a) IN GENERAL.—Not later than March 1 of each 

21 year, the Secretary of Commerce, in coordination with the 

22 Secretary of State, the United States Trade Representa23 tive, and other Federal officials that the Secretary of Com24 merce determines appropriate, shall submit to the Com25 mittee on Energy and Commerce and the Committee on 


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1 Foreign Affairs of the House of Representatives and the 

2 Committee on Energy and Natural Resources and the 

3 Committee on Foreign Relations of the Senate a report 

4 describing, to the extent practicable, how any foreign gov5 ernment gains a competitive advantage in international 

6 trade by permitting, or engaging in, through its agents, 

7 representatives, or enterprises, wholly- or partly-owned, or 

8 in collaboration with a private entity, the use of forced 

9 or compulsory labor, child labor, or unacceptable condi10 tions of work with respect to occupational safety and 

11 health, within its sovereign territory or abroad. 

12 (b) INCLUSIONS.—Each report submitted under sub13 section (a) shall identify foreign countries that use human 

14 rights abuses to extract critical minerals or rare earths. 

15 (c) FORM.—Each report submitted under subsection 

16 (a) shall be in unclassified form, but may include a classi17 fied annex. 

18 SEC. 5. DEFINITIONS. 

19 In this Act: 

20 (1) APPROPRIATE COMMITTEES OF CON21 GRESS.—The term ‘‘appropriate committees of Con22 gress’’ means— 

23 (A) the Committee on Energy and Natural 

24 Resources of the Senate; 


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1 (B) the Committee on Environment and 

2 Public Works of the Senate; and 

3 (C) the Committee on Energy and Com4 merce of the House of Representatives. 

5 (2) AVERAGE PRODUCT EMISSIONS INTEN6 SITY.—The term ‘‘average product emissions inten7 sity’’ means the national average of the product 

8 emissions intensity of a category of covered products 

9 produced in, as applicable— 

10 (A) the United States; or 

11 (B) a covered country. 

12 (3) CARBON DIOXIDE-EQUIVALENT; CO2-e.— 

13 The term ‘‘carbon dioxide-equivalent’’ or ‘‘CO2-e’’ 

14 means the number of metric tons of carbon dioxide 

15 emissions with the same global warming potential as 

16 one metric ton of another greenhouse gas. 

17 (4) CATEGORY OF COVERED PRODUCTS.— 

18 (A) IN GENERAL.—The term ‘‘category of 

19 covered products’’ means— 

20 (i) a category described in any of 

21 clauses (i) through (xxii) of subparagraph 

22 (B), each of which consists of products 

23 covered by the headings or subheadings of 

24 the Harmonized Tariff Schedule of the 


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1 United States described parenthetically in 

2 that clause; and 

3 (ii) any other category of covered 

4 products, as determined by the Secretary, 

5 consisting of products covered by 1 or 

6 more headings or subheadings of the Har7 monized Tariff Schedule of the United 

8 States. 

9 (B) CATEGORIES DESCRIBED.—The cat10 egories referred to in subparagraph (A)(i), con11 sisting of products covered by the headings or 

12 subheadings of the Harmonized Tariff Schedule 

13 of the United States described parenthetically 

14 for each category, are the following: 

15 (i) Aluminum (any of 7601 through 

16 7608). 

17 (ii) Articles of aluminum (any of 7609 

18 through 7616). 

19 (iii) Articles of cement (6810 or 

20 6811). 

21 (iv) Articles of iron and steel (any of 

22 7307 through 7326). 

23 (v) Articles of plastic (any of 3916 

24 through 3926). 


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1 (vi) Biofuels (2207.10, 2207.20, or 

2 3826). 

3 (vii) Cement (2523 or 3824.5). 

4 (viii) Crude oil (2709). 

5 (ix) Fertilizer (2808, 2814, 2834.21, 

6 or any of 3101 through 3105). 

7 (x) Glass (any of 7001 through 7020). 

8 (xi) Hydrogen (2804.10). 

9 (xii) Iron and steel (any of 7201 

10 through 7306). 

11 (xiii) Lithium-ion batteries (8507.60). 

12 (xiv) Natural gas (2711.11 or 

13 2711.21). 

14 (xv) Petrochemicals (2901 or 

15 2711.14). 

16 (xvi) Plastics (any of 3901 through 

17 3915). 

18 (xvii) Pulp and paper (any of 4701 

19 through 4707 or 4801 through 4813). 

20 (xviii) Refined strategic and critical 

21 minerals, including copper, cobalt, graph22 ite, lithium, manganese, and nickel 

23 (2825.50, 2827.41, any of 7401 through 

24 7404, 7406, 2822.00, 8105.20, 8105.30, 

25 2504, 3801.10, 2836.91, 2825.20, 


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1 2820.10, 8111, 2825.40, any of 7501 

2 through 7504, or 2833.24). 

3 (xix) Refined petroleum products 

4 (2710, 2712, 2713, 2714, 2715, 2902.20, 

5 2902.30, or 2902.44). 

6 (xx) Solar cells and panels (any of 

7 8541.42 through 8541.43 or 8501.71 

8 through 8501.80). 

9 (xxi) Uranium (2612.10, 2844.10, 

10 2844.20, or 2844.30). 

11 (xxii) Wind turbines (8502.31). 

12 (5) COVERED COUNTRY.—The term ‘‘covered 

13 country’’ means each of the following: 

14 (A) A country that is a member of the 

15 Group of Seven. 

16 (B) A country that is a signatory to a free 

17 trade agreement with the United States that is 

18 in effect as of the date on which the Secretary 

19 begins a study under section 3. 

20 (C) A foreign country of concern (as de21 fined in section 9901 of the William M. (Mac) 

22 Thornberry National Defense Authorization Act 

23 for Fiscal Year 2021 (15 U.S.C. 4651)). 

24 (D) A country that, in the determination 

25 of the Secretary, holds more than a de minimis 


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1 share of the global market share, as measured 

2 by official trade statistics, of— 

3 (i) 1 or more categories of covered 

4 products; or 

5 (ii) upstream inputs for 1 or more 

6 categories of covered products. 

7 (E) Any other country that the Secretary 

8 determines to be appropriate, including any 

9 country that the Secretary determines is a sig10 nificant producer or exporter of at least 1 cat11 egory of covered products. 

12 (6) COVERED PRODUCT.—The term ‘‘covered 

13 product’’ means a product covered by— 

14 (A) any of the headings or subheadings of 

15 the Harmonized Tariff Schedule of the United 

16 States described parenthetically in paragraph 

17 (4)(B); or 

18 (B) any other heading or subheading of 

19 the Harmonized Tariff Schedule of the United 

20 States included within a category of covered 

21 products determined by the Secretary in accord22 ance with paragraph (4)(A)(ii). 

23 (7) GREENHOUSE GAS.—The term ‘‘greenhouse 

24 gas’’ has the meaning given the term in section 901 


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1 of the Energy Independence and Security Act of 

2 2007 (42 U.S.C. 17321). 

3 (8) PRODUCT EMISSIONS INTENSITY.— 

4 (A) IN GENERAL.—The term ‘‘product 

5 emissions intensity’’ means the quantity of 

6 greenhouse gases emitted to the atmosphere as 

7 a result of the extraction, production, proc8 essing, manufacture, and assembly, as applica9 ble, of 1 unit of a covered product, including 

10 the greenhouse gas emissions of an upstream 

11 input that is incorporated into a downstream 

12 covered product. 

13 (B) UNITS OF MEASUREMENT.—The Sec14 retary, as the Secretary determines to be appro15 priate, shall designate the units of measurement 

16 in which the product emissions intensity of a 

17 covered product shall be expressed, which may 

18 include— 

19 (i) metric tons of CO2-e per metric 

20 ton of a covered product; 

21 (ii) metric tons of CO2-e per dollar 

22 value of a covered product; or 

23 (iii) any other unit of measurement 

24 that the Secretary determines to be appro25 priate. 


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1 (9) SECRETARY.—The term ‘‘Secretary’’ means 

2 the Secretary of Energy. 

Æ 


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