Sec. 3. Study on greenhouse gas emissions intensity of certain products produced in the United States and in certain foreign countries
1,150 words·~5 min read·
/bill/118/hr/8957/ih/section-3A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
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— to determine the average product emissions intensity of each category of covered products produced in the United States; to identify gaps in product emissions intensity data for categories of covered products produced in the United States; 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— the implementation of the measures described in section 40416(a) of the Infrastructure Investment and Jobs Act ( 42 U.S.C. 18776(a) ); and the international energy data resources described in that section; to identify any issues with verifying the average product emissions intensity data for covered products produced in covered countries; and 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— 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; 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 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 process to receive data and comments from industry partners; and 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— to inform the determination of average product emissions intensity values; to advance common emissions accounting methodologies and data formats; and 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— 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; an opportunity to discuss chosen data; and an opportunity to fill data gaps. In carrying out paragraph (1), the Secretary shall— 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; include in the report submitted under that paragraph— a notation with respect to each instance noted under clause (i); and an explanation for that notation; 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 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: The public availability of statistics on greenhouse gas emissions for particular industries from government sources and international organizations. The public availability of data on the quantity and source of inputs, such as electricity, consumed by particular industries. The extent to which the data described in clauses
(i)and
(ii)cover a representative group of producers within an industry. The transparency in the methods used to collect, analyze, summarize, and publish the data described in clauses
(i)and (ii). Whether there are other factors that may impact the precision of the data described in clauses
(i)and (ii). The recency of the data described in clauses
(i)and (ii). The Secretary shall establish a public online database of— the average product emissions intensity data determined under subparagraphs
(A)and
(C)of subsection (a)(1); and 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— to impose, collect, or enforce a greenhouse gas emissions tax, fee, duty, price, or charge; or to establish a new mandatory reporting requirement (including by regulation) with respect to the domestic production of any category of covered products.
Connectionstraces to 1
Traces to 1 document
Citation graph
cites case law
Sec. 3
Study on greenhouse gas emissions intensity of certain products produced in the United States and in certain foreign countries
Cites 1Cited by 0 across 0 sources