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. CHAVEZ- 
DEREMER, 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) in-
troduced 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 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-
tives of the United States of America in Congress assembled, 
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SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Providing Reliable, Ob-
jective, Verifiable Emissions Intensity and Transparency 
Act of 2024’’ or the ‘‘PROVE IT Act of 2024’’. 
SEC. 2. FINDINGS. 
Congress finds the following: 
(1) The European Union enacted, and is begin-
ning enforcement of, a carbon border adjustment 
mechanism that will impact the United States. Other 
major trading partners of the United States are ex-
ploring or developing similar policies, including Aus-
tralia, Japan, and the United Kingdom. 
(2) Questions remain about how the European 
Union and others will calculate United States emis-
sions intensity for covered products and the accuracy 
of such determinations. 
(3) Public entities, like the Department of En-
ergy’s National Energy Technology Laboratory, and 
various private sector groups have published studies 
showing the United States comparative emissions in-
tensity advantage in production of manufactured 
goods like steel and aluminum, as well as raw energy 
sources like critical minerals, natural gas, and crude 
oil. 
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(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 perform-
ance and enforcement to create a competitive advan-
tage in international trade, undermining United 
States industrial competitiveness. Nonmarket econo-
mies that do not share common social and economic 
values with the United States share this general 
tendency. 
(7) The United States needs a better under-
standing of the extent of human rights abuses and 
how they impact international trade flows. 
SEC. 3. STUDY ON GREENHOUSE GAS EMISSIONS INTEN-
SITY OF CERTAIN PRODUCTS PRODUCED IN 
THE UNITED STATES AND IN CERTAIN FOR-
EIGN COUNTRIES. 
(a) STUDY.— 
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(1) IN GENERAL.—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 appro-
priate officials of the Bureau of the Census and the 
International Trade Administration), the Adminis-
trator of the Environmental Protection Agency, the 
United States Trade Representative, the United 
States International Trade Commission, the Sec-
retary of Homeland Security, the Secretary of State, 
and such other Federal officials as the Secretary de-
termines to be appropriate, shall conduct, and sub-
mit to the appropriate committees of Congress a re-
port describing the results of, a study— 
(A) to determine the average product emis-
sions intensity of each category of covered prod-
ucts 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 deter-
mine the average product emissions intensity of 
each category of covered products produced in 
covered countries, which may incorporate, as 
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(C) REUSE OF END-OF-LIFE MATERIALS.— 
In determining the average product emissions 
intensity of a category of covered products 
under subparagraphs (A) and (C) of paragraph 
(1), the Secretary shall favorably consider the 
reuse of end-of-life materials in place of virgin 
raw materials. 
(3) COORDINATION
AMONG
PRIMARY
STUDY 
PARTICIPANTS.—In carrying out paragraph (1), the 
Secretary, the Secretary of Commerce, the Adminis-
trator 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 deter-
mines to be appropriate shall establish procedures to 
facilitate timely and efficient data sharing for pur-
poses of carrying out that paragraph, including, if 
appropriate, by designating appropriate individuals 
with appropriate qualifications to review any data 
shared. 
(4) CONSULTATION AND COORDINATION WITH 
OTHERS.—In carrying out paragraph (1), the Sec-
retary may consult and enter into agreements with 
institutions having relevant data or data collection 
or analysis capabilities, such as the National Lab-
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oratories, 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 rel-
evant academic and think-tank partners. 
(5) CONSULTATION AND COORDINATION WITH 
INDUSTRY.—In carrying out paragraph (1), the Sec-
retary, in coordination with the Secretary of Com-
merce, shall establish— 
(A) a process to receive data and com-
ments from industry partners; and 
(B) a process for industry partners to sub-
mit comments for purposes of the later study 
and report required under such paragraph. 
(6) INTERNATIONAL COORDINATION.— 
(A) IN GENERAL.—In carrying out para-
graph (1), the Secretary, the Secretary of 
State, and the United States Trade Representa-
tive shall make every effort to coordinate with 
the governments of covered countries— 
(i) to inform the determination of av-
erage product emissions intensity values; 
(ii) to advance common emissions ac-
counting methodologies and data formats; 
and 
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(iii) to improve overall data avail-
ability and quality. 
(B) CONSULTATION.—In any case in which 
a covered country is credibly collaborating with 
the Secretary by supporting the collection, anal-
ysis, or verification of data, the Secretary may 
give that covered country— 
(i) a right to consultation with respect 
to the determination of the average prod-
uct emissions intensity of 1 or more cat-
egories of covered products produced in 
that covered country; 
(ii) an opportunity to discuss chosen 
data; and 
(iii) an opportunity to fill data gaps. 
(7) DATA AVAILABILITY.— 
(A) IN GENERAL.—In carrying out para-
graph (1), the Secretary shall— 
(i) take note of any instances in which 
there is not sufficient data to precisely de-
termine the average product emissions in-
tensity of a category of covered products 
under subparagraph (A) or (C) of that 
paragraph; 
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(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 nota-
tion; 
(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 emis-
sions intensity data for covered products or 
categories of covered products produced in 
the United States. 
(B) REQUIREMENT.—For each instance 
noted under subparagraph (A)(i), the Secretary 
shall determine the average product emissions 
intensity of the next highest aggregation of cat-
egories of covered products for which data are 
available. 
(C) 
CONSIDERATIONS.—In 
determining 
whether there are sufficient data to precisely 
determine the average product emissions inten-
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sity of a category of covered products under 
subparagraph (A)(i), the Secretary shall con-
sider 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 indus-
tries. 
(iii) The extent to which the data de-
scribed in clauses (i) and (ii) cover a rep-
resentative 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). 
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(b) PUBLIC DATABASE.—The Secretary shall estab-
lish 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 in-
tensity of each category of covered products deter-
mined under subparagraph (E) of that subsection. 
(c) 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 re-
quirement (including by regulation) with respect to 
the domestic production of any category of covered 
products. 
SEC. 4. ANNUAL REPORT ON FOREIGN COUNTRIES THAT 
USE HUMAN RIGHTS ABUSES TO CREATE A 
COMPETITIVE ADVANTAGE IN TRADE. 
(a) IN GENERAL.—Not later than March 1 of each 
year, the Secretary of Commerce, in coordination with the 
Secretary of State, the United States Trade Representa-
tive, and other Federal officials that the Secretary of Com-
merce determines appropriate, shall submit to the Com-
mittee on Energy and Commerce and the Committee on 
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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 gov-
ernment 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 condi-
tions of work with respect to occupational safety and 
health, within its sovereign territory or abroad. 
(b) INCLUSIONS.—Each report submitted under sub-
section (a) shall identify foreign countries that use human 
rights abuses to extract critical minerals or rare earths. 
(c) FORM.—Each report submitted under subsection 
(a) shall be in unclassified form, but may include a classi-
fied annex. 
SEC. 5. DEFINITIONS. 
In this Act: 
(1) 
APPROPRIATE
COMMITTEES
OF
CON-
GRESS.—The term ‘‘appropriate committees of Con-
gress’’ means— 
(A) the Committee on Energy and Natural 
Resources of the Senate; 
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(B) the Committee on Environment and 
Public Works of the Senate; and 
(C) the Committee on Energy and Com-
merce of the House of Representatives. 
(2) AVERAGE
PRODUCT
EMISSIONS
INTEN-
SITY.—The term ‘‘average product emissions inten-
sity’’ 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; CO2-e.— 
The term ‘‘carbon dioxide-equivalent’’ or ‘‘CO2-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 
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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 Har-
monized Tariff Schedule of the United 
States. 
(B) CATEGORIES
DESCRIBED.—The cat-
egories referred to in subparagraph (A)(i), con-
sisting 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). 
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(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, graph-
ite, 
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, 
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2820.10, 8111, 2825.40, any of 7501 
through 7504, or 2833.24). 
(xix) 
Refined 
petroleum 
products 
(2710, 2712, 2713, 2714, 2715, 2902.20, 
2902.30, or 2902.44). 
(xx) Solar cells and panels (any of 
8541.42 through 8541.43 or 8501.71 
through 8501.80). 
(xxi) Uranium (2612.10, 2844.10, 
2844.20, or 2844.30). 
(xxii) Wind turbines (8502.31). 
(5) COVERED
COUNTRY.—The term ‘‘covered 
country’’ means each of the following: 
(A) A country that is a member of the 
Group of Seven. 
(B) A country that is a signatory to a free 
trade agreement with the United States that is 
in effect as of the date on which the Secretary 
begins a study under section 3. 
(C) A foreign country of concern (as de-
fined 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 
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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 sig-
nificant producer or exporter of at least 1 cat-
egory of covered products. 
(6) COVERED
PRODUCT.—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 accord-
ance with paragraph (4)(A)(ii). 
(7) GREENHOUSE GAS.—The term ‘‘greenhouse 
gas’’ has the meaning given the term in section 901 
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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, proc-
essing, manufacture, and assembly, as applica-
ble, 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 Sec-
retary, as the Secretary determines to be appro-
priate, 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 CO2-e per metric 
ton of a covered product; 
(ii) metric tons of CO2-e per dollar 
value of a covered product; or 
(iii) any other unit of measurement 
that the Secretary determines to be appro-
priate. 
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(9) SECRETARY.—The term ‘‘Secretary’’ means 
the Secretary of Energy. 
Æ 
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