,,ii ,calendar ,no4 #caa #aahth         
,,congress  #b;d ,session  ,s4 #ahfc    
,,in ,,the ,,senate ,,of ,,the ,,united 
,,states  ,june #g1 #bjbc,mr4 ,coons    
7for himself1 ,mr4 ,cramer1 ,mr4 ,king1 
,ms4 ,murkowski1 ,mr4 ,heinrich1 ,mr4   
,graham1 ,mr4 ,whitehouse1 ,mr4         
,cassidy1 ,mr4 ,hickenlooper1 ,mr4      
,durbin1 ,mr4 ,boozman1 ,mr4 ,padilla1  
and ,mr4 ,kelly7 introduced the         
following bill2 which was read twice and
 referred to the ,committee on          
,environment and ,public ,works         
,january #be1 #bjbd,reported by ,mr4    
,carper1 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  
countries1 and for other purposes4  #a4 
,short title ,this ,act may be cited as 
the ,providing ,reliable1 ,objective1   

,verifiable ,emissions ,intensity and   
,transparency ,act of #bjbc or the      
,,prove ,,it ,act of #bjbc4  #b4 ,study 
on greenhouse gas emissions intensity of
 certain products produced in the       
,united ,states and in certain foreign  
countries  7a7 ,definitions ,in this    
section3 7#a7 ,appropriate committees of
 ,congress ,the term appropriate        
committees of ,congress means-- 7,a7 the
 ,committee on ,energy and ,natural     
,resources of the ,senate2 and  7,b7 the
 ,committee on ,energy and ,commerce of 
the ,house of ,representatives4  7#b7   
,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   
in1 as applicable-- 7,a7 the ,united    
,states2 or  7,b7 a covered country4    
7#c7 ,carbon dioxide-equivalent2        
,,co#b-;e ,the term carbon              
dioxide-equivalent or ,,co#b-;e means   
the number of metric tons of carbon     

dioxide emissions with the same global  
warming potential as one metric ton of  
another greenhouse gas4  7#d7 ,category 
of covered products  7,a7 ,in general   
,the term category of covered products  
means-- 7i7 a category described in any 
of clauses 7i7 through 7xxii7 of        
subparagraph 7,b71 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 clause2 and     
7ii7 any other category of covered      
products1 as determined by the          
,secretary1 consisting of products      
covered by #a or more headings or       
subheadings of the ,harmonized ,tariff  
,schedule of the ,united ,states4  7,b7 
,categories described ,the categories   
referred to in subparagraph 7,a77i71    
consisting of products covered by the   
headings or subheadings of the          
,harmonized ,tariff ,schedule of the    
,united ,states described               

parenthetically for each category1 are  
the following3 7i7 ,aluminum 7any of    
#gfja through #gfjh74  7ii7 ,articles of
 aluminum 7any of #gfji through #gfaf74 
7iii7 ,articles of cement 7#fhaj or     
#fhaa74  7iv7 ,articles of iron and     
steel 7any of #gcjg through #gcbf74  7v7
 ,articles of plastic 7any of #ciaf     
through #cibf74  7vi7 ,biofuels         
7#bbjg4aj1 #bbjg4bj1 or #chbf74  7vii7  
,cement 7#bebc or #chbd4e74  7viii7     
,crude oil 7#bgji74  7ix7 ,fertilizer   
7#bhjh1 #bhad1 #bhcd4ba1 or any of #caja
 through #caje74  7x7 ,glass 7any of    
#gjja through #gjbj74  7xi7 ,hydrogen   
7#bhjd4aj74  7xii7 ,iron and steel 7any 
of #gbja through #gcjf74  7xiii7        
,lithium-ion batteries 7#hejg4fj74      
7xiv7 ,natural gas 7#bgaa4aa or         
#bgaa4ba74  7xv7 ,petrochemicals 7#bija 
or #bgaa4ad74  7xvi7 ,plastics 7any of  
#cija through #ciae74  7xvii7 ,pulp and 
paper 7any of #dgja through #dgjg or    
#dhja through #dhac74  7xviii7 ,refined 
strategic and critical minerals1        

including copper1 cobalt1 graphite1     
lithium1 manganese1 and nickel          
7#bhbe4ej1 #bhbg4da1 any of #gdja       
through #gdjd1 #gdjf1 #bhbb4jj1         
#haje4bj1 #haje4cj1 #bejd1 #chja4aj1    
#bhcf4ia1 #bhbe4bj1 #bhbj4aj1 #haaa1    
#bhbe4dj1 any of #geja through #gejd1 or
 #bhcc4bd74  7xix7 ,refined petroleum   
products 7#bgaj1 #bgab1 #bgac1 #bgad1   
#bgae1 #bijb4bj1 #bijb4cj1 or #bijb4dd74
  7xx7 ,solar cells and panels 7any of  
#heda4db through #heda4dc or #heja4ga   
through #heja4hj74  7xxi7 ,uranium      
7#bfab4aj1 #bhdd4aj1 #bhdd4bj1 or       
#bhdd4cj74  7xxii7 ,wind turbines       
7#hejb4ca74  7#e7 ,covered country ,the 
term covered country means each of the  
following3 7,a7 ,a country that is a    
member of the ,group of ,seven4  7,b7 ,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 7b77#a74  7,c7 ,a      
foreign country of concern 7as defined  

in section #iija of the ,william ,m4    
7,mac7 ,thornberry ,national ,defense   
,authorization ,act for ,fiscal ,year   
#bjba 7#ae ,u4,s4,c4 #dfea774  7,d7 ,a  
country that1 in the determination of   
the ,secretary1 holds more than a de    
minimis share of the global market      
share1 as measured by official trade    
statistics1 of-- 7i7 #a or more         
categories of covered products2 or  7ii7
 upstream inputs for #a or more         
categories of covered products4  7,e7   
,any other country that the ,secretary  
determines to be appropriate1 including 
any country that the ,secretary         
determines is a significant producer or 
exporter of at least #a category of     
covered products4  7#f7 ,covered product
  7,a7 ,in general ,the term covered    
product means a product covered by-- 7i7
 any of the headings or subheadings of  
the ,harmonized ,tariff ,schedule of the
 ,united ,states described              
parenthetically in paragraph 7#d77;,b72 
or  7ii7 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 7#d77;,a77ii74  7,b7 ,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 list4  7#g7 ,greenhouse  
gas ,the term greenhouse gas has the    
meaning given the term in section #ija  
of the ,energy ,independence and        
,security ,act of #bjjg 7#db ,u4,s4,c4  
#agcba74  7#h7 ,product emissions       
intensity  7,a7 ,in general ,the term   
product emissions intensity means the   
quantity of greenhouse gases emitted to 
the atmosphere as a result of the       
extraction1 production1 processing1     
manufacture1 and assembly1 as           
applicable1 of #a unit of a covered     
product1 including the greenhouse gas   
emissions of an upstream input that is  
incorporated into a downstream covered  

product4  7,b7 ,units of measurement    
,the ,secretary1 as the ,secretary      
determines to be appropriate1 shall     
designate the units of measurement in   
which the product emissions intensity of
 a covered product shall be expressed1  
which may include-- 7i7 metric tons of  
,,co#b-;e per metric ton of a covered   
product2  7ii7 metric tons of ,,co#b-;e 
per dollar value of a covered product2  
or  7iii7 any other unit of measurement 
that the ,secretary determines to be    
appropriate4  7#i7 ,secretary ,the term 
,secretary means the ,secretary of      
,energy4  7b7 ,study  7#a7 ,in general  
,not later than #b years after the date 
of enactment of this ,act1 and not less 
frequently than once every #e years     
thereafter1 the ,secretary1 in          
coordination with the ,secretary of     
,commerce 7including appropriate        
officials of the ,bureau of the ,census 
and the ,international ,trade           
,administration71 the ,administrator of 
the ,environmental ,protection ,agency1 

the ,united ,states ,trade              
,representative1 the ,secretary of      
,homeland ,security1 the ,secretary of  
,state1 and such other ,federal         
officials as the ,secretary determines  
to be appropriate1 shall conduct1 and   
submit to the appropriate committees of 
,congress a report describing the       
results of1 a study-- 7,a7 to determine 
the average product emissions intensity 
of each category of covered products    
produced in the ,united ,states2  7,b7  
to identify gaps in product emissions   
intensity data for categories of covered
 products produced in the ,united       
,states2  7,c7 subject to paragraph     
7#b77;,b71 to determine the average     
product emissions intensity of each     
category of covered products produced in
 covered countries1 which may           
incorporate1 as the ,secretary          
determines to be appropriate1 findings  
from-- 7i7 the implementation of the    
measures described in section #djdaf7;a7
 of the ,infrastructure ,investment and 

,jobs ,act 7#db ,u4,s4,c4 #ahggf7;a772  
and  7ii7 the international energy data 
resources described in that section2    
7,d7 to identify any issues with        
verifying the average product emissions 
intensity data for covered products     
produced in covered countries2 and  7,e7
 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 countries4  7#b7    
,requirements  7,a7 ,in general ,the    
report submitted under paragraph 7#a7   
shall include-- 7i7 a detailed1         
specific1 and transparent description of
 the methodology used to determine the  
average product emissions intensity of a
 category of covered products under     
subparagraphs 7,a7 and 7,c7 of that     
paragraph2  7ii7 a record of all sources
 of data used to determine the average  
product emissions intensity of a        

category of covered products under      
subparagraphs 7,a7 and 7,c7 of that     
paragraph2 and  7iii7 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 7,a7 and 7,c7 of that     
paragraph4  7,b7 ,certain covered       
countries ,with respect to a covered    
country described in subparagraph 7,c7  
or 7,d7 of subsection 7a77#e71 in       
carrying out subparagraph 7,c7 of       
paragraph 7#a71 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 products4  7,c7 ,reuse of   
end-of-life materials ,in determining   
the average product emissions intensity 
of a category of covered products under 

subparagraphs 7,a7 and 7,c7 of paragraph
 7#a71 the ,secretary shall favorably   
consider the reuse of end-of-life       
materials in place of virgin raw        
materials4  7#c7 ,coordination among    
primary study participants ,in carrying 
out paragraph 7#a71 the ,secretary1 the 
,secretary of ,commerce1 the            
,administrator of the ,environmental    
,protection ,agency1 the ,united ,states
 ,trade ,representative1 the ,secretary 
of ,homeland ,security1 the ,secretary  
of ,state1 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 paragraph1 including1 
if appropriate1 by designating          
appropriate individuals with appropriate
 qualifications to review any data      
shared4  7#d7 ,consultation and         
coordination with others ,in carrying   
out paragraph 7#a71 the ,secretary may  
consult and enter into agreements with  

institutions having relevant data or    
data collection or analysis             
capabilities1 such as the ,national     
,laboratories1 the ,national ,institute 
of ,standards and ,technology1 the      
,national ,academy of ,sciences1 the    
,international ,energy ,agency1 the     
,organisation for ,economic             
,co-operation and ,development1 and     
relevant academic and think-tank        
partners4  7#e7 ,consultation and       
coordination with industry ,in carrying 
out paragraph 7#a71 the ,secretary1 in  
coordination with the ,secretary of     
,commerce1 shall establish-- 7,a7 a     
process to receive data from industry   
partners2 and  7,b7 a process pursuant  
to which industry may request that a    
product be-- 7i7 included on the list of
 covered products maintained under      
subsection 7a77#f77;,b72 and  7ii7      
analyzed as a covered product in        
subsequent studies and reports under    
that paragraph4  7#f7 ,international    
coordination  7,a7 ,in general ,in      

carrying out paragraph 7#a71 the        
,secretary1 the ,secretary of ,state1   
and the ,united ,states ,trade          
,representative shall make every effort 
to coordinate with the governments of   
covered countries-- 7i7 to inform the   
determination of average emissions      
intensity values2  7ii7 to advance      
common emissions accounting             
methodologies and data formats2 and     
7iii7 to improve overall data           
availability and quality4  7,b7         
,consultation ,in any case in which a   
covered country is credibly             
collaborating with the ,secretary by    
supporting the collection1 analysis1 or 
verification of data1 the ,secretary may
 give that covered country-- 7i7 a right
 to consultation with respect to the    
determination of the average product    
emissions intensity of #a or more       
categories of covered products produced 
in that covered country2  7ii7 an       
opportunity to discuss chosen data2 and 
7iii7 an opportunity to fill data gaps4 

7#g7 ,data availability  7,a7 ,in       
general ,in carrying out paragraph 7#a71
 the ,secretary shall-- 7i7 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 7,a7 or 7,c7 of that       
paragraph2  7ii7 include in the report  
submitted under that paragraph-- 7,i7 a 
notation with respect to each instance  
noted under clause 7i72 and  7,,ii7 an  
explanation for that notation2  7iii7   
identify any issues with verifying the  
average product emissions intensity data
 for categories of covered products     
under subparagraph 7,a7 or 7,c7 of that 
paragraph2 and  7iv7 identify any gaps  
in product emissions intensity data for 
covered products or categories of       
covered products produced in the ,united
 ,states4  7,b7 ,requirement ,for each  
instance noted under subparagraph       
7,a77i71 the ,secretary shall determine 
the average product emissions intensity 

of the next highest aggregation of      
categories of covered products for which
 data are available4  7,c7              
,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 7,a77i71 the ,secretary    
shall consider the following factors3   
7i7 ,the public availability of         
statistics on greenhouse gas emissions  
for particular industries from          
government sources and international    
organizations4  7ii7 ,the public        
availability of data on the quantity and
 source of inputs1 such as electricity1 
consumed by particular industries4      
7iii7 ,the extent to which the data     
described in clauses 7i7 and 7ii7 cover 
a representative group of producers     
within an industry4  7iv7 ,the          
transparency in the method used to      
collect1 analyze1 summarize1 and publish
 the data described in clauses 7i7 and  

7ii74  7v7 ,whether there are other     
factors that may impact the precision of
 the data described in clauses 7i7 and  
7ii74  7vi7 ,the recency of the data    
described in clauses 7i7 and 7ii74  7c7 
,public database ,the ,secretary shall  
establish a public online database of-- 
7#a7 the average product emissions      
intensity data collected under          
subparagraphs 7,a7 and 7,c7 of          
subsection 7b77#a72 and  7#b7 the       
relative average product emissions      
intensity of covered products determined
 under subparagraph 7,e7 of that        
subsection4  7d7 ,updates ,not less     
frequently than once every #e years1 the
 ,secretary shall update-- 7#a7 the     
database established under subsection   
7c72 and  7#b7 the list of covered      
products maintained under subsection    
7a77#f77;,b74  #a4 ,short title ,this   
,act may be cited as the ,providing     
,reliable1 ,objective1 ,verifiable      
,emissions ,intensity and ,transparency 
,act of #bjbd or the ,,prove ,,it ,act  

of #bjbd4  #b4 ,study on greenhouse gas 
emissions intensity of certain products 
produced in the ,united ,states and in  
certain foreign countries  7a7          
,definitions ,in this section3 7#a7     
,appropriate committees of ,congress    
,the term appropriate committees of     
,congress means-- 7,a7 the ,committee on
 ,environment and ,public ,works of the 
,senate2  7,b7 the ,committee on ,energy
 and ,natural ,resources of the ,senate2
 and  7,c7 the ,committee on ,energy and
 ,commerce of the ,house of             
,representatives4  7#b7 ,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 in1 as        
applicable-- 7,a7 the ,united ,states2  
or  7,b7 a covered country4  7#c7       
,carbon dioxide-equivalent2 ,,co#b-;e   
,the term carbon dioxide-equivalent or  
,,co#b-;e means the number of metric    
tons of carbon dioxide emissions with   

the same global warming potential as one
 metric ton of another greenhouse gas4  
7#d7 ,category of covered products  7,a7
 ,in general ,the term category of      
covered products means-- 7i7 a category 
described in any of clauses 7i7 through 
7xxii7 of subparagraph 7,b71 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 clause2 and     
7ii7 any other category of covered      
products1 as determined by the          
,secretary1 consisting of products      
covered by #a or more headings or       
subheadings of the ,harmonized ,tariff  
,schedule of the ,united ,states4  7,b7 
,categories described ,the categories   
referred to in subparagraph 7,a77i71    
consisting of products covered by the   
headings or subheadings of the          
,harmonized ,tariff ,schedule of the    
,united ,states described               
parenthetically for each category1 are  

the following3 7i7 ,aluminum 7any of    
#gfja through #gfjh74  7ii7 ,articles of
 aluminum 7any of #gfji through #gfaf74 
7iii7 ,articles of cement 7#fhaj or     
#fhaa74  7iv7 ,articles of iron and     
steel 7any of #gcjg through #gcbf74  7v7
 ,articles of plastic 7any of #ciaf     
through #cibf74  7vi7 ,biofuels         
7#bbjg4aj1 #bbjg4bj1 or #chbf74  7vii7  
,cement 7#bebc or #chbd4e74  7viii7     
,crude oil 7#bgji74  7ix7 ,fertilizer   
7#bhjh1 #bhad1 #bhcd4ba1 or any of #caja
 through #caje74  7x7 ,glass 7any of    
#gjja through #gjbj74  7xi7 ,hydrogen   
7#bhjd4aj74  7xii7 ,iron and steel 7any 
of #gbja through #gcjf74  7xiii7        
,lithium-ion batteries 7#hejg4fj74      
7xiv7 ,natural gas 7#bgaa4aa or         
#bgaa4ba74  7xv7 ,petrochemicals 7#bija 
or #bgaa4ad74  7xvi7 ,plastics 7any of  
#cija through #ciae74  7xvii7 ,pulp and 
paper 7any of #dgja through #dgjg or    
#dhja through #dhac74  7xviii7 ,refined 
strategic and critical minerals1        
including copper1 cobalt1 graphite1     

lithium1 manganese1 and nickel          
7#bhbe4ej1 #bhbg4da1 any of #gdja       
through #gdjd1 #gdjf1 #bhbb4jj1         
#haje4bj1 #haje4cj1 #bejd1 #chja4aj1    
#bhcf4ia1 #bhbe4bj1 #bhbj4aj1 #haaa1    
#bhbe4dj1 any of #geja through #gejd1 or
 #bhcc4bd74  7xix7 ,refined petroleum   
products 7#bgaj1 #bgab1 #bgac1 #bgad1   
#bgae1 #bijb4bj1 #bijb4cj1 or #bijb4dd74
  7xx7 ,solar cells and panels 7any of  
#heda4db through #heda4dc74  7xxi7      
,uranium 7#bfab4aj1 #bhdd4aj1 #bhdd4bj1 
or #bhdd4cj74  7xxii7 ,wind turbines    
7#hejb4ca74  7,c7 ,clarification ,if1   
after the ,secretary begins the first   
study under subsection 7b71 the headings
 or subheadings of the ,harmonized      
,tariff ,schedule of the ,united ,states
 are changed1 or any products are added 
to or removed from a heading or         
subheading1 the ,secretary may continue1
 in that or any subsequent study1 to    
study the applicable products as if the 
applicable change had not occurred4     
7#e7 ,covered country ,the term covered 

country means each of the following3    
7,a7 ,a country that is a member of the 
,group of ,seven4  7,b7 ,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 7b77#a74  7,c7 ,a foreign    
country of concern 7as defined in       
section #iija of the ,william ,m4 7,mac7
 ,thornberry ,national ,defense         
,authorization ,act for ,fiscal ,year   
#bjba 7#ae ,u4,s4,c4 #dfea774  7,d7 ,a  
country that1 in the determination of   
the ,secretary1 holds more than a de    
minimis share of the global market      
share1 as measured by official trade    
statistics1 of-- 7i7 #a or more         
categories of covered products2 or  7ii7
 upstream inputs for #a or more         
categories of covered products4  7,e7   
,any other country that the ,secretary  
determines to be appropriate1 including 
any country that the ,secretary         
determines is a significant producer or 

exporter of at least #a category of     
covered products4  7#f7 ,covered product
  7,a7 ,in general ,the term covered    
product means a product covered by-- 7i7
 any of the headings or subheadings of  
the ,harmonized ,tariff ,schedule of the
 ,united ,states described              
parenthetically in subparagraph 7,b7 of 
paragraph 7#d71 subject to subparagraph 
7,c7 of that paragraph2 or  7ii7 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 7#d77;,a77ii74  7,b7 ,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 list4  7#g7 ,greenhouse  
gas ,the term greenhouse gas has the    
meaning given the term in section #ija  
of the ,energy ,independence and        
,security ,act of #bjjg 7#db ,u4,s4,c4  

#agcba74  7#h7 ,product emissions       
intensity  7,a7 ,in general ,the term   
product emissions intensity means the   
quantity of greenhouse gases emitted to 
the atmosphere as a result of the       
extraction1 production1 processing1     
manufacture1 assembly1 and transport1 as
 applicable1 of #a unit of a covered    
product1 including the greenhouse gas   
emissions of an upstream input that is  
incorporated into a downstream covered  
product4  7,b7 ,units of measurement    
,the ,secretary1 in coordination with   
the ,administrator of the ,environmental
 ,protection ,agency1 shall designate   
the units of measurement in which the   
product emissions intensity of a covered
 product shall be expressed1 which may  
include-- 7i7 metric tons of ,,co#b-;e  
per metric ton of a covered product2    
7ii7 metric tons of ,,co#b-;e per dollar
 value of a covered product2 or  7iii7  
any other unit of measurement that the  
,secretary determines to be appropriate4
  7#i7 ,secretary ,the term ,secretary  

means the ,secretary of ,energy4  7b7   
,study  7#a7 ,in general ,not later than
 #b years after the date of enactment of
 this ,act1 and not less frequently than
 once every #e years thereafter1 the    
,secretary1 in coordination with the    
,secretary of ,commerce 7including      
appropriate officials of the ,bureau of 
the ,census and the ,international      
,trade ,administration71 the            
,administrator of the ,environmental    
,protection ,agency1 the ,united ,states
 ,trade ,representative1 the ,secretary 
of ,homeland ,security1 the ,secretary  
of ,state1 the ,secretary of            
,agriculture1 and such other ,federal   
officials as the ,secretary determines  
to be appropriate1 shall conduct1 and   
submit to the appropriate committees of 
,congress a report describing the       
results of1 a study-- 7,a7 to determine 
the average product emissions intensity 
of each category of covered products    
produced in the ,united ,states2  7,b7  
to identify gaps in product emissions   

intensity data for categories of covered
 products produced in the ,united       
,states2  7,c7 subject to paragraph     
7#c77;,b71 to determine the average     
product emissions intensity of each     
category of covered products produced in
 each covered country1 which may        
incorporate1 as the ,secretary          
determines to be appropriate1 findings  
from-- 7i7 the implementation of the    
measures described in section #djdaf7;a7
 of the ,infrastructure ,investment and 
,jobs ,act 7#db ,u4,s4,c4 #ahggf7;a772  
7ii7 the international energy data      
resources described in that section2 and
  7iii7 other existing data sources1    
including-- 7,i7 the ,greenhouse ,gas   
,reporting ,program of the              
,environmental ,protection ,agency2     
7,,ii7 the ,annual ,integrated ,economic
 ,survey and the ,economic ,census of   
the ,bureau of the ,census2  7,,iii7    
official trade statistics of the ,united
 ,states ,international ,trade          
,commission2 and  7,,iv7 other relevant 

data sources1 including those described 
in paragraphs 7#e7 through 7#g72  7,d7  
to identify any issues with verifying   
the average product emissions intensity 
data for covered products produced in   
each covered country2 and  7,e7 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 country4  7#b7 ,prioritization  
7,a7 ,in general ,subject to            
subparagraph 7,b71 in conducting the    
study under paragraph 7#a71 the         
,secretary shall complete all elements  
of the study described in subparagraphs 
7,a7 through 7,e7 of that paragraph     
within the applicable #b- or #e-year    
timeframe4  7,b7 ,prioritization due to 
data or time constraints ,if completion 
of all elements described in            
subparagraphs 7,a7 through 7,e7 of      
paragraph 7#a7 with respect to a study  

under that paragraph is precluded by    
data or time constraints1 the ,secretary
 shall adhere to the applicable #b- or  
#e-year timeframe by prioritizing the   
study of-- 7i7 higher priority          
categories of covered products1 as      
described in subparagraph 7,c72 and     
7ii7 higher priority covered countries1 
starting with those that are among the  
#e largest global exporters or the #e   
largest sources of imports into the     
,united ,states4  7,c7 ,order of        
priority described ,the order of        
priority described in subparagraph      
7,b77i7 is as follows3 7i7 ,first1      
categories of covered products subject  
to international border carbon          
adjustment mechanisms1 such as the      
,carbon ,border ,adjustment ,mechanism  
of the ,european ,union1 including the  
categories of covered products described
 in each of-- 7,i7 clause 7i7 of        
subsection 7a77#d77;,b7 7aluminum72     
7,,ii7 clause 7ii7 of that subsection   
7articles of aluminum72  7,,iii7 clause 

7iii7 of that subsection 7articles of   
cement72  7,,iv7 clause 7iv7 of that    
subsection 7articles of iron and steel72
  7,v7 clause 7vii7 of that subsection  
7cement72  7,,vi7 clause 7ix7 of that   
subsection 7fertilizer72  7,,vii7 clause
 7xi7 of that subsection 7hydrogen72 and
  7,,viii7 clause 7xii7 of that         
subsection 7iron and steel74  7ii7      
,second1 categories of covered products 
relating to other emissions-intensive1  
trade-exposed industries1 including the 
categories of covered products described
 in each of-- 7,i7 clause 7v7 of        
subsection 7a77#d77;,b7 7articles of    
plastic72  7,,ii7 clause 7x7 of that    
subsection 7glass72  7,,iii7 clause     
7xvi7 of that subsection 7plastics72 and
  7,,iv7 clause 7xvii7 of that          
subsection 7pulp and paper74  7iii7     
,third1 categories of covered products  
relating to fuels1 including biofuels   
and uranium1 or other energy materials1 
including the categories of covered     
products described in each of-- 7,i7    

clause 7vi7 of subsection 7a77#d77;,b7  
7biofuels72  7,,ii7 clause 7viii7 of    
that subsection 7crude oil72  7,,iii7   
clause 7xiii7 of that subsection        
7lithium-ion batteries72  7,,iv7 clause 
7xiv7 of that subsection 7natural gas72 
7,v7 clause 7xv7 of that subsection     
7petrochemicals72  7,,vi7 clause 7xviii7
 of that subsection 7refined strategic  
and critical minerals72  7,,vii7 clause 
7xix7 of that subsection 7refined       
petroleum products72  7,,viii7 clause   
7xx7 of that subsection 7solar cells and
 panels72  7,,ix7 clause 7xxi7 of that  
subsection 7uranium72 and  7,x7 clause  
7xxii7 of that subsection 7wind         
turbines74  7,d7 ,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 data1 such as a new
 trade negotiation1 a new market        

opportunity for the export of covered   
products from the ,united ,states1 or   
another justification4  7#c7            
,requirements  7,a7 ,in general ,in the 
report submitted under paragraph 7#a71  
the ,secretary shall include-- 7i7 a    
detailed1 specific1 and transparent     
description of the methodology1         
developed in coordination with the      
,administrator of the ,environmental    
,protection ,agency1 used to determine  
the average product emissions intensity 
of a category of covered products under 
subparagraphs 7,a7 and 7,c7 of that     
paragraph2  7ii7 a record of all sources
 of data used to determine the average  
product emissions intensity of a        
category of covered products under      
subparagraphs 7,a7 and 7,c7 of that     
paragraph2 and  7iii7 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 7,a7 and 7,c7 of that     
paragraph4  7,b7 ,certain covered       
countries ,in carrying out subparagraph 
7,c7 of paragraph 7#a71 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 products4  7,c7    
,reuse of end-of-life materials ,in     
determining the average product         
emissions intensity of a category of    
covered products under subparagraphs    
7,a7 and 7,c7 of paragraph 7#a71 the    
,secretary shall favorably consider the 
reuse of end-of-life materials in place 
of virgin raw materials4  7#d7          
,coordination among primary study       
participants ,in carrying out paragraph 
7#a71 the ,secretary1 the ,secretary of 
,commerce1 the ,administrator of the    
,environmental ,protection ,agency1 the 
,united ,states ,trade ,representative1 

the ,secretary of ,homeland ,security1  
the ,secretary of ,state1 and such other
 ,federal officials as the ,secretary   
determines to be appropriate shall      
establish procedures to facilitate      
timely and efficient sharing of         
methodologies1 data1 or other           
information and expertise for purposes  
of carrying out that paragraph1         
including1 if appropriate1 by           
designating appropriate individuals with
 appropriate qualifications to review   
any data shared4  7#e7 ,consultation and
 coordination with others ,in carrying  
out paragraph 7#a71 the ,secretary may  
consult and enter into agreements with  
institutions having relevant data or    
data collection or analysis             
capabilities1 such as the ,national     
,laboratories1 the ,national ,institute 
of ,standards and ,technology1 the      
,national ,academy of ,sciences1 the    
,international ,energy ,agency1 the     
,organisation for ,economic             
,co-operation and ,development1 and     

relevant academic and non-governmental  
partners4  7#f7 ,consultation and       
coordination with industry partners     
7,a7 ,in general ,in carrying out       
paragraph 7#a71 the ,secretary1 in      
coordination with the ,secretary of     
,commerce1 shall-- 7i7 establish a      
process to receive data from industry   
partners on a voluntary basis1 which the
 ,secretary may incorporate at the      
discretion of the ,secretary2  7ii7     
coordinate with existing industry       
emissions reporting mechanisms1 to the  
extent that the ,secretary determines   
appropriate2 and  7iii7 establish a     
process pursuant to which industry      
partners may request that-- 7,i7 a      
product be included on the list of      
covered products maintained under       
subsection 7a77#f77;,b72  7,,ii7 a      
product be analyzed as a covered product
 in subsequent studies and reports under
 that paragraph2 and  7,,iii7 certain   
data be treated as confidential business
 information1 the disclosure of which   

may be limited with respect to-- 7aa7   
the public database described in        
subsection 7c72 and  7bb7 the report    
submitted under paragraph 7#a74  7,b7   
,limitation ,nothing in this paragraph  
affects how data may be treated pursuant
 to any other law or authority with     
respect to-- 7i7 the proprietary status 
of the data2 or  7ii7 any other         
protection from public disclosure4  7#g7
 ,international coordination  7,a7 ,in  
general ,in carrying out paragraph 7#a71
 the ,secretary1 the ,secretary of      
,commerce1 the ,administrator of the    
,environmental ,protection ,agency1 the 
,united ,states ,trade ,representative1 
and the ,secretary of ,state shall make 
every effort to coordinate with the     
governments of covered countries-- 7i7  
to inform the determination of average  
emissions intensity values2  7ii7 to    
advance common emissions accounting     
methodologies and data formats2 and     
7iii7 to improve overall data           
availability and quality4  7,b7         

,consultation ,in any case in which a   
covered country is credibly             
collaborating with the ,secretary by    
supporting the collection1 analysis1 or 
verification of data1 the ,secretary may
 give that covered country-- 7i7 a right
 to consultation with respect to the    
determination of the average product    
emissions intensity of #a or more       
categories of covered products produced 
in that covered country2  7ii7 an       
opportunity to discuss chosen data2 and 
7iii7 an opportunity to fill data gaps4 
7#h7 ,data availability  7,a7 ,in       
general ,in carrying out paragraph 7#a71
 the ,secretary shall-- 7i7 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 7,a7
 or 7,c7 of that paragraph2  7ii7       
include in the report submitted under   
that paragraph-- 7,i7 a notation with   
respect to each instance noted under    

clause 7i72 and  7,,ii7 an explanation  
for that notation2  7iii7 identify any  
gaps in product emissions intensity data
 for covered products or categories of  
covered products produced in the ,united
 ,states2 and  7iv7 coordinate with the 
,united ,states ,trade ,representative  
to assess the feasibility of            
implementing1 within existing authority1
 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      
,states4  7,b7 ,requirement ,for each   
instance noted under subparagraph       
7,a77i71 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     
available4  7,c7 ,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 7,a77i71 the ,secretary    
shall consider the following factors3   
7i7 ,the public availability of         
statistics on greenhouse gas emissions  
for particular industries from          
government sources and international    
organizations4  7ii7 ,the public        
availability of data on the quantity and
 source of inputs1 such as electricity1 
consumed by particular industries4      
7iii7 ,the extent to which the data     
described in clauses 7i7 and 7ii7 cover 
a representative group of producers     
within an industry4  7iv7 ,the          
transparency in the method used to      
collect1 analyze1 summarize1 and publish
 the data described in clauses 7i7 and  
7ii74  7v7 ,whether there are other     
factors that may impact the accuracy of 
the data used4  7vi7 ,the recency of the
 data used4  7c7 ,public database ,the  
,secretary shall establish a public     
online database1 or leverage an existing

 public online database1 for-- 7#a7 the 
average product emissions intensity data
 collected under subparagraphs 7,a7 and 
7,c7 of subsection 7b77#a72 and  7#b7   
the relative average product emissions  
intensity of covered products determined
 under subparagraph 7,e7 of that        
subsection4  7d7 ,updates ,not less     
frequently than once every #e years1 the
 ,secretary shall update-- 7#a7 the     
database established under subsection   
7c72 and  7#b7 the list of covered      
products maintained under subsection    
7a77#f77;,b74  7e7 ,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 7c71 with the goal of adding 
data for additional categories of       
covered products and additional covered 
countries as available4  7f7            
,clarification ,nothing in this ,act    
provides any new authority to any       
,federal agency-- 7#a7 to impose1       

collect1 or enforce a greenhouse gas    
emissions tax1 fee1 duty1 price1 or     
charge2 or  7#b7 to establish a new     
mandatory reporting requirement         
7including by regulation7 with respect  
to the domestic production of any       
category of covered products4  ,january 
#be1 #bjbd,reported with an amendment