[Congressional Record Volume 158, Number 154 (Tuesday, December 4, 2012)]
[House]
[Pages H6599-H6606]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




        AMERICAN ENERGY MANUFACTURING TECHNICAL CORRECTIONS ACT

  Mr. WHITFIELD. Mr. Speaker, I move to suspend the rules and pass the 
bill (H.R. 6582) to allow for innovations and alternative technologies 
that meet or exceed desired energy efficiency goals, and to make 
technical corrections to existing Federal energy efficiency laws to 
allow American manufacturers to remain competitive, as amended.
  The Clerk read the title of the bill.
  The text of the bill is as follows:

                               H.R. 6582

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

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``American Energy 
     Manufacturing Technical Corrections Act''.

     SEC. 2. INNOVATIVE COMPONENT TECHNOLOGIES.

       Section 342(f) of the Energy Policy and Conservation Act 
     (42 U.S.C. 6313(f)) is amended--
       (1) in paragraph (1), by striking ``paragraphs (2) through 
     (5)'' and inserting ``paragraphs (2) through (6)''; and
       (2) by adding at the end the following new paragraph:
       ``(6) Innovative component technologies.--Subparagraph (C) 
     of paragraph (1) shall not apply to a walk-in cooler or walk-
     in freezer component if the component manufacturer has 
     demonstrated to the satisfaction of the Secretary that the 
     component reduces energy consumption at least as much as if 
     such subparagraph were to apply. In support of any 
     demonstration under this paragraph, a manufacturer shall 
     provide to the Secretary all data and technical information 
     necessary to fully evaluate its application.''.

     SEC. 3. UNIFORM EFFICIENCY DESCRIPTOR FOR COVERED WATER 
                   HEATERS.

       Section 325(e) of the Energy Policy and Conservation Act 
     (42 U.S.C. 6295(e)) is amended by adding at the end the 
     following:
       ``(5) Uniform efficiency descriptor for covered water 
     heaters.--
       ``(A) Definitions.--In this paragraph:
       ``(i) Covered water heater.--The term `covered water 
     heater' means--

       ``(I) a water heater; and
       ``(II) a storage water heater, instantaneous water heater, 
     and unfired hot water storage tank (as defined in section 
     340).

       ``(ii) Final rule.--The term `final rule' means the final 
     rule published under this paragraph.
       ``(B) Publication of final rule.--Not later than 1 year 
     after the date of enactment of this paragraph, the Secretary 
     shall publish a final rule that establishes a uniform 
     efficiency descriptor and accompanying test methods for 
     covered water heaters.
       ``(C) Purpose.--The purpose of the final rule shall be to 
     replace with a uniform efficiency descriptor--
       ``(i) the energy factor descriptor for water heaters 
     established under this subsection; and
       ``(ii) the thermal efficiency and standby loss descriptors 
     for storage water heaters, instantaneous water heaters, and 
     unfired water storage tanks established under section 
     342(a)(5).
       ``(D) Effect of final rule.--
       ``(i) In general.--Notwithstanding any other provision of 
     this title, effective beginning on the effective date of the 
     final rule, the efficiency standard for covered water heaters 
     shall be denominated according to the efficiency descriptor 
     established by the final rule.
       ``(ii) Effective date.--The final rule shall take effect 1 
     year after the date of publication of the final rule under 
     subparagraph (B).
       ``(E) Conversion factor.--
       ``(i) In general.--The Secretary shall develop a 
     mathematical conversion factor for converting the measurement 
     of efficiency for covered water heaters from the test 
     procedures in effect on the date of enactment of this 
     paragraph to the new energy descriptor established under the 
     final rule.
       ``(ii) Application.--The conversion factor shall apply to 
     models of covered water heaters affected by the final rule 
     and tested prior to the effective date of the final rule.
       ``(iii) Effect on efficiency requirements.--The conversion 
     factor shall not affect the minimum efficiency requirements 
     for covered water heaters otherwise established under this 
     title.
       ``(iv) Use.--During the period described in clause (v), a 
     manufacturer may apply the conversion factor established by 
     the Secretary to rerate existing models of covered water 
     heaters that are in existence prior to the effective date of 
     the rule described in clause (v)(II) to comply with the new 
     efficiency descriptor.
       ``(v) Period.--Clause (iv) shall apply during the period--

       ``(I) beginning on the date of publication of the 
     conversion factor in the Federal Register; and
       ``(II) ending on the later of 1 year after the date of 
     publication of the conversion factor, or December 31, 2015.

       ``(F) Exclusions.--The final rule may exclude a specific 
     category of covered water heaters from the uniform efficiency 
     descriptor established under this paragraph if the Secretary 
     determines that the category of water heaters--
       ``(i) does not have a residential use and can be clearly 
     described in the final rule; and
       ``(ii) are effectively rated using the thermal efficiency 
     and standby loss descriptors applied (as of the date of 
     enactment of this paragraph) to the category under section 
     342(a)(5).
       ``(G) Options.--The descriptor set by the final rule may 
     be--
       ``(i) a revised version of the energy factor descriptor in 
     use as of the date of enactment of this paragraph;

[[Page H6600]]

       ``(ii) the thermal efficiency and standby loss descriptors 
     in use as of that date;
       ``(iii) a revised version of the thermal efficiency and 
     standby loss descriptors;
       ``(iv) a hybrid of descriptors; or
       ``(v) a new approach.
       ``(H) Application.--The efficiency descriptor and 
     accompanying test method established under the final rule 
     shall apply, to the maximum extent practicable, to all water 
     heating technologies in use as of the date of enactment of 
     this paragraph and to future water heating technologies.
       ``(I) Participation.--The Secretary shall invite interested 
     stakeholders to participate in the rulemaking process used to 
     establish the final rule.
       ``(J) Testing of alternative descriptors.--In establishing 
     the final rule, the Secretary shall contract with the 
     National Institute of Standards and Technology, as necessary, 
     to conduct testing and simulation of alternative descriptors 
     identified for consideration.
       ``(K) Existing covered water heaters.--A covered water 
     heater shall be considered to comply with the final rule on 
     and after the effective date of the final rule and with any 
     revised labeling requirements established by the Federal 
     Trade Commission to carry out the final rule if the covered 
     water heater--
       ``(i) was manufactured prior to the effective date of the 
     final rule; and
       ``(ii) complied with the efficiency standards and labeling 
     requirements in effect prior to the final rule.''.

     SEC. 4. SERVICE OVER THE COUNTER, SELF-CONTAINED, MEDIUM 
                   TEMPERATURE COMMERCIAL REFRIGERATORS.

       Section 342(c) of the Energy Policy and Conservation Act 
     (42 U.S.C. 6313(c)) is amended--
       (1) in paragraph (1)--
       (A) by redesignating subparagraph (C) as subparagraph (E); 
     and
       (B) by inserting after subparagraph (B) the following:
       ``(C) The term `service over the counter, self-contained, 
     medium temperature commercial refrigerator' or `(SOC-SC-M)' 
     means a medium temperature commercial refrigerator--
       ``(i) with a self-contained condensing unit and equipped 
     with sliding or hinged doors in the back intended for use by 
     sales personnel, and with glass or other transparent material 
     in the front for displaying merchandise; and
       ``(ii) that has a height not greater than 66 inches and is 
     intended to serve as a counter for transactions between sales 
     personnel and customers.
       ``(D) The term `TDA' means the total display area (ft\2\) 
     of the refrigerated case, as defined in AHRI Standard 
     1200.'';
       (2) by redesignating paragraphs (4) and (5) as paragraphs 
     (5) and (6), respectively; and
       (3) by inserting after paragraph (3) the following:
       ``(4)(A) Each SOC-SC-M manufactured on or after January 1, 
     2012, shall have a total daily energy consumption (in 
     kilowatt hours per day) of not more than 0.6  TDA + 1.0.
       ``(B) Not later than 3 years after the date of enactment of 
     this paragraph, the Secretary shall--
       ``(i) determine whether the standard established under 
     subparagraph (A) should be amended; and
       ``(ii) if the Secretary determines that such standard 
     should be amended, issue a final rule establishing an amended 
     standard.
       ``(C) If the Secretary issues a final rule pursuant to 
     subparagraph (B) establishing an amended standard, the final 
     rule shall provide that the amended standard shall apply to 
     products manufactured on or after the date that is--
       ``(i) 3 years after the date on which the final amended 
     standard is published; or
       ``(ii) if the Secretary determines, by rule, that 3 years 
     is inadequate, not later than 5 years after the date on which 
     the final rule is published.''.

     SEC. 5. SMALL DUCT HIGH VELOCITY SYSTEMS AND ADMINISTRATIVE 
                   CHANGES.

       (a) Through-the-Wall Central Air Conditioners, Through-the-
     Wall Central Air Conditioning Heat Pumps, and Small Duct, 
     High Velocity Systems.--Section 325(d) of the Energy Policy 
     and Conservation Act (42 U.S.C. 6295(d)) is amended by adding 
     at the end the following:
       ``(4) Standards for through-the-wall central air 
     conditioners, through-the-wall central air conditioning heat 
     pumps, and small duct, high velocity systems.--
       ``(A) Definitions.--In this paragraph:
       ``(i) Small duct, high velocity system.--The term `small 
     duct, high velocity system' means a heating and cooling 
     product that contains a blower and indoor coil combination 
     that--

       ``(I) is designed for, and produces, at least 1.2 inches of 
     external static pressure when operated at the certified air 
     volume rate of 220-350 CFM per rated ton of cooling; and
       ``(II) when applied in the field, uses high velocity room 
     outlets generally greater than 1,000 fpm that have less than 
     6.0 square inches of free area.

       ``(ii) Through-the-wall central air conditioner; through-
     the-wall central air conditioning heat pump.--The terms 
     `through-the-wall central air conditioner' and `through-the-
     wall central air conditioning heat pump' mean a central air 
     conditioner or heat pump, respectively, that is designed to 
     be installed totally or partially within a fixed-size opening 
     in an exterior wall, and--

       ``(I) is not weatherized;
       ``(II) is clearly and permanently marked for installation 
     only through an exterior wall;
       ``(III) has a rated cooling capacity no greater than 30,000 
     Btu/hr;
       ``(IV) exchanges all of its outdoor air across a single 
     surface of the equipment cabinet; and
       ``(V) has a combined outdoor air exchange area of less than 
     800 square inches (split systems) or less than 1,210 square 
     inches (single packaged systems) as measured on the surface 
     area described in subclause (IV).

       ``(iii) Revision.--The Secretary may revise the definitions 
     contained in this subparagraph through publication of a final 
     rule.
       ``(B) Small-duct high-velocity systems.--
       ``(i) Seasonal energy efficiency ratio.--The seasonal 
     energy efficiency ratio for small-duct high-velocity systems 
     shall be not less than--

       ``(I) 11.00 for products manufactured on or after January 
     23, 2006; and
       ``(II) 12.00 for products manufactured on or after January 
     1, 2015.

       ``(ii) Heating seasonal performance factor.--The heating 
     seasonal performance factor for small-duct high-velocity 
     systems shall be not less than--

       ``(I) 6.8 for products manufactured on or after January 23, 
     2006; and
       ``(II) 7.2 for products manufactured on or after January 1, 
     2015.

       ``(C) Subsequent rulemakings.--The Secretary shall conduct 
     subsequent rulemakings for through-the-wall central air 
     conditioners, through-the-wall central air conditioning heat 
     pumps, and small duct, high velocity systems as part of any 
     rulemaking under this section used to review or revise 
     standards for other central air conditioners and heat 
     pumps.''.
       (b) Duty To Review Commercial Equipment.--Section 342(a)(6) 
     of the Energy Policy and Conservation Act (42 U.S.C. 
     6313(a)(6)) is amended--
       (1) in subparagraph (A)(i), by inserting ``the standard 
     levels or design requirements applicable under that standard 
     to'' immediately before ``any small commercial''; and
       (2) in subparagraph (C)--
       (A) in clause (i)--
       (i) by striking ``Not later than 6 years after issuance of 
     any final rule establishing or amending a standard, as 
     required for a product under this part,'' and inserting 
     ``Every 6 years,''; and
       (ii) by inserting after ``the Secretary shall'' the 
     following: ``conduct an evaluation of each class of covered 
     equipment and shall''; and
       (B) by adding at the end the following:
       ``(vi) For any covered equipment as to which more than 6 
     years has elapsed since the issuance of the most recent final 
     rule establishing or amending a standard for the product as 
     of the date of enactment of this clause, the first notice 
     required under clause (i) shall be published by December 31, 
     2013.''.
       (c) Petition for Amended Standards.--Section 325(n) of the 
     Energy Policy and Conservation Act (42 U.S.C. 6295(n)) is 
     amended--
       (1) by redesignating paragraph (3) as paragraph (5); and
       (2) by inserting after paragraph (2) the following:
       ``(3) Notice of decision.--Not later than 180 days after 
     the date of receiving a petition, the Secretary shall publish 
     in the Federal Register a notice of, and explanation for, the 
     decision of the Secretary to grant or deny the petition.
       ``(4) New or amended standards.--Not later than 3 years 
     after the date of granting a petition for new or amended 
     standards, the Secretary shall publish in the Federal 
     Register--
       ``(A) a final rule that contains the new or amended 
     standards; or
       ``(B) a determination that no new or amended standards are 
     necessary.''.

     SEC. 6. COORDINATION OF RESEARCH AND DEVELOPMENT OF ENERGY 
                   EFFICIENT TECHNOLOGIES FOR INDUSTRY.

       (a) In General.--As part of the research and development 
     activities of the Industrial Technologies Program of the 
     Department of Energy, the Secretary of Energy (referred to in 
     this section as the ``Secretary'') shall establish, as 
     appropriate, collaborative research and development 
     partnerships with other programs within the Office of Energy 
     Efficiency and Renewable Energy (including the Building 
     Technologies Program), the Office of Electricity Delivery and 
     Energy Reliability, and the Office of Science that--
       (1) leverage the research and development expertise of 
     those programs to promote early stage energy efficiency 
     technology development;
       (2) support the use of innovative manufacturing processes 
     and applied research for development, demonstration, and 
     commercialization of new technologies and processes to 
     improve efficiency (including improvements in efficient use 
     of water), reduce emissions, reduce industrial waste, and 
     improve industrial cost-competitiveness; and
       (3) apply the knowledge and expertise of the Industrial 
     Technologies Program to help achieve the program goals of the 
     other programs.
       (b) Reports.--Not later than 2 years after the date of 
     enactment of this Act and biennially thereafter, the 
     Secretary shall submit to Congress a report that describes 
     actions taken to carry out subsection (a) and the results of 
     those actions.

     SEC. 7. REDUCING BARRIERS TO THE DEPLOYMENT OF INDUSTRIAL 
                   ENERGY EFFICIENCY.

       (a) Definitions.--In this section:

[[Page H6601]]

       (1) Industrial energy efficiency.--The term ``industrial 
     energy efficiency'' means the energy efficiency derived from 
     commercial technologies and measures to improve energy 
     efficiency or to generate or transmit electric power and 
     heat, including electric motor efficiency improvements, 
     demand response, direct or indirect combined heat and power, 
     and waste heat recovery.
       (2) Industrial sector.--The term ``industrial sector'' 
     means any subsector of the manufacturing sector (as defined 
     in North American Industry Classification System codes 31-33 
     (as in effect on the date of enactment of this Act)) 
     establishments of which have, or could have, thermal host 
     facilities with electricity requirements met in whole, or in 
     part, by onsite electricity generation, including direct and 
     indirect combined heat and power or waste recovery.
       (b) Report on the Deployment of Industrial Energy 
     Efficiency.--
       (1) In general.--Not later than 2 years after the date of 
     enactment of this Act, the Secretary shall submit to the 
     Committee on Energy and Commerce of the House of 
     Representatives and the Committee on Energy and Natural 
     Resources of the Senate a report describing--
       (A) the results of the study conducted under paragraph (2); 
     and
       (B) recommendations and guidance developed under paragraph 
     (3).
       (2) Study.--The Secretary, in coordination with the 
     industrial sector and other stakeholders, shall conduct a 
     study of the following:
       (A) The legal, regulatory, and economic barriers to the 
     deployment of industrial energy efficiency in all electricity 
     markets (including organized wholesale electricity markets, 
     and regulated electricity markets), including, as applicable, 
     the following:
       (i) Transmission and distribution interconnection 
     requirements.
       (ii) Standby, back-up, and maintenance fees (including 
     demand ratchets).
       (iii) Exit fees.
       (iv) Life of contract demand ratchets.
       (v) Net metering.
       (vi) Calculation of avoided cost rates.
       (vii) Power purchase agreements.
       (viii) Energy market structures.
       (ix) Capacity market structures.
       (x) Other barriers as may be identified by the Secretary, 
     in coordination with the industrial sector and other 
     stakeholders.
       (B) Examples of--
       (i) successful State and Federal policies that resulted in 
     greater use of industrial energy efficiency;
       (ii) successful private initiatives that resulted in 
     greater use of industrial energy efficiency; and
       (iii) cost-effective policies used by foreign countries to 
     foster industrial energy efficiency.
       (C) The estimated economic benefits to the national economy 
     of providing the industrial sector with Federal energy 
     efficiency matching grants of $5,000,000,000 for 5- and 10-
     year periods, including benefits relating to--
       (i) estimated energy and emission reductions;
       (ii) direct and indirect jobs saved or created;
       (iii) direct and indirect capital investment;
       (iv) the gross domestic product; and
       (v) trade balance impacts.
       (D) The estimated energy savings available from increased 
     use of recycled material in energy-intensive manufacturing 
     processes.
       (3) Recommendations and guidance.--The Secretary, in 
     coordination with the industrial sector and other 
     stakeholders, shall develop policy recommendations regarding 
     the deployment of industrial energy efficiency, including 
     proposed regulatory guidance to States and relevant Federal 
     agencies to address barriers to deployment.

     SEC. 8. BEST PRACTICES FOR ADVANCED METERING.

       Section 543(e) of the National Energy Conservation Policy 
     Act (42 U.S.C. 8253(e)) is amended by striking paragraph (3) 
     and inserting the following:
       ``(3) Plan.--Not later than 180 days after the date on 
     which guidelines are established under paragraph (2), in a 
     report submitted by the agency under section 548(a), each 
     agency shall submit to the Secretary a plan describing the 
     manner in which the agency will implement the requirements of 
     paragraph (1), including--
       ``(A) how the agency will designate personnel primarily 
     responsible for achieving the requirements; and
       ``(B) a demonstration by the agency, complete with 
     documentation, of any finding that advanced meters or 
     advanced metering devices (as those terms are used in 
     paragraph (1)), are not practicable.
       ``(4) Best practices report.--
       ``(A) In general.--Not later than 180 days after the date 
     of enactment of this paragraph, the Secretary of Energy, in 
     consultation with the Secretary of Defense and the 
     Administrator of General Services, shall develop, and issue a 
     report on, best practices for the use of advanced metering of 
     energy use in Federal facilities, buildings, and equipment by 
     Federal agencies.
       ``(B) Components.--The report shall include, at a minimum--
       ``(i) summaries and analysis of the reports by agencies 
     under paragraph (3);
       ``(ii) recommendations on standard requirements or 
     guidelines for automated energy management systems, 
     including--

       ``(I) potential common communications standards to allow 
     data sharing and reporting;
       ``(II) means of facilitating continuous commissioning of 
     buildings and evidence-based maintenance of buildings and 
     building systems; and
       ``(III) standards for sufficient levels of security and 
     protection against cyber threats to ensure systems cannot be 
     controlled by unauthorized persons; and

       ``(iii) an analysis of--

       ``(I) the types of advanced metering and monitoring systems 
     being piloted, tested, or installed in Federal buildings; and
       ``(II) existing techniques used within the private sector 
     or other non-Federal government buildings.''.

     SEC. 9. FEDERAL ENERGY MANAGEMENT AND DATA COLLECTION 
                   STANDARD.

       Section 543 of the National Energy Conservation Policy Act 
     (42 U.S.C. 8253) is amended--
       (1) by redesignating the second subsection (f) (as added by 
     section 434(a) of Public Law 110-140 (121 Stat. 1614)) as 
     subsection (g); and
       (2) in subsection (f)(7), by striking subparagraph (A) and 
     inserting the following:
       ``(A) In general.--For each facility that meets the 
     criteria established by the Secretary under paragraph (2)(B), 
     the energy manager shall use the web-based tracking system 
     under subparagraph (B)--
       ``(i) to certify compliance with the requirements for--

       ``(I) energy and water evaluations under paragraph (3);
       ``(II) implementation of identified energy and water 
     measures under paragraph (4); and
       ``(III) follow-up on implemented measures under paragraph 
     (5); and

       ``(ii) to publish energy and water consumption data on an 
     individual facility basis.''.

     SEC. 10. TECHNICAL CORRECTIONS.

       (a) Title III of Energy Independence and Security Act of 
     2007--Energy Savings Through Improved Standards for 
     Appliances and Lighting.--
       (1) Section 325(u) of the Energy Policy and Conservation 
     Act (42 U.S.C. 6295(u)) (as amended by section 301(c) of the 
     Energy Independence and Security Act of 2007 (121 Stat. 
     1550)) is amended--
       (A) by redesignating paragraph (7) as paragraph (4); and
       (B) in paragraph (4) (as so redesignated), by striking 
     ``supplies is'' and inserting ``supply is''.
       (2) Section 302(b) of the Energy Independence and Security 
     Act of 2007 (121 Stat. 1551) is amended by striking 
     ``6313(a)'' and inserting ``6314(a)''.
       (3) Section 342(a)(6) of the Energy Policy and Conservation 
     Act (42 U.S.C. 6313(a)(6)) (as amended by section 305(b)(2) 
     of the Energy Independence and Security Act of 2007 (121 
     Stat. 1554)) is amended--
       (A) in subparagraph (B)--
       (i) by striking ``If the Secretary'' and inserting the 
     following:
       ``(i) In general.--If the Secretary'';
       (ii) by striking ``clause (ii)(II)'' and inserting 
     ``subparagraph (A)(ii)(II)'';
       (iii) by striking ``clause (i)'' and inserting 
     ``subparagraph (A)(i)''; and
       (iv) by adding at the end the following:
       ``(ii) Factors.--In determining whether a standard is 
     economically justified for the purposes of subparagraph 
     (A)(ii)(II), the Secretary shall, after receiving views and 
     comments furnished with respect to the proposed standard, 
     determine whether the benefits of the standard exceed the 
     burden of the proposed standard by, to the maximum extent 
     practicable, considering--

       ``(I) the economic impact of the standard on the 
     manufacturers and on the consumers of the products subject to 
     the standard;
       ``(II) the savings in operating costs throughout the 
     estimated average life of the product in the type (or class) 
     compared to any increase in the price of, or in the initial 
     charges for, or maintenance expenses of, the products that 
     are likely to result from the imposition of the standard;
       ``(III) the total projected quantity of energy savings 
     likely to result directly from the imposition of the 
     standard;
       ``(IV) any lessening of the utility or the performance of 
     the products likely to result from the imposition of the 
     standard;
       ``(V) the impact of any lessening of competition, as 
     determined in writing by the Attorney General, that is likely 
     to result from the imposition of the standard;
       ``(VI) the need for national energy conservation; and
       ``(VII) other factors the Secretary considers relevant.

       ``(iii) Administration.--

       ``(I) Energy use and efficiency.--The Secretary may not 
     prescribe any amended standard under this paragraph that 
     increases the maximum allowable energy use, or decreases the 
     minimum required energy efficiency, of a covered product.
       ``(II) Unavailability.--

       ``(aa) In general.--The Secretary may not prescribe an 
     amended standard under this subparagraph if the Secretary 
     finds (and publishes the finding) that interested persons 
     have established by a preponderance of the evidence that a 
     standard is likely to result in the unavailability in the 
     United States in any product type (or class) of performance 
     characteristics (including reliability, features, sizes, 
     capacities, and volumes) that are substantially the same as 
     those generally available in the United States at the time of 
     the finding of the Secretary.
       ``(bb) Other types or classes.--The failure of some types 
     (or classes) to meet the criterion established under this 
     subclause shall not affect the determination of the

[[Page H6602]]

     Secretary on whether to prescribe a standard for the other 
     types or classes.''; and
       (B) in subparagraph (C)(iv), by striking ``An amendment 
     prescribed under this subsection'' and inserting 
     ``Notwithstanding subparagraph (D), an amendment prescribed 
     under this subparagraph''.
       (4) Section 342(a)(6)(B)(iii) of the Energy Policy and 
     Conservation Act (as added by section 306(c) of the Energy 
     Independence and Security Act of 2007 (121 Stat. 1559)) is 
     transferred and redesignated as clause (vi) of section 
     342(a)(6)(C) of the Energy Policy and Conservation Act (as 
     amended by section 305(b)(2) of the Energy Independence and 
     Security Act of 2007 (121 Stat. 1554)).
       (5) Section 345 of the Energy Policy and Conservation Act 
     (42 U.S.C. 6316) (as amended by section 312(e) of the Energy 
     Independence and Security Act of 2007 (121 Stat. 1567)) is 
     amended--
       (A) by striking ``subparagraphs (B) through (G)'' each 
     place it appears and inserting ``subparagraphs (B), (C), (D), 
     (I), (J), and (K)'';
       (B) by striking ``part A'' each place it appears and 
     inserting ``part B'';
       (C) in subsection (a)--
       (i) in paragraph (8), by striking ``and'' at the end;
       (ii) in paragraph (9), by striking the period at the end 
     and inserting ``; and''; and
       (iii) by adding at the end the following:
       ``(10) section 327 shall apply with respect to the 
     equipment described in section 340(1)(L) beginning on the 
     date on which a final rule establishing an energy 
     conservation standard is issued by the Secretary, except that 
     any State or local standard prescribed or enacted for the 
     equipment before the date on which the final rule is issued 
     shall not be preempted until the energy conservation standard 
     established by the Secretary for the equipment takes 
     effect.'';
       (D) in subsection (b)(1), by striking ``section 325(p)(5)'' 
     and inserting ``section 325(p)(4)''; and
       (E) in subsection (h)(3), by striking ``section 342(f)(3)'' 
     and inserting ``section 342(f)(4)''.
       (6) Section 321(30)(D)(i)(III) of the Energy Policy and 
     Conservation Act (42 U.S.C. 6291(30)(D)(i)(III)) (as amended 
     by section 321(a)(1)(A) of the Energy Independence and 
     Security Act of 2007 (121 Stat. 1574)) is amended by 
     inserting before the semicolon the following: ``or, in the 
     case of a modified spectrum lamp, not less than 232 lumens 
     and not more than 1,950 lumens''.
       (7) Section 321(30)(T) of the Energy Policy and 
     Conservation Act (42 U.S.C. 6291(30)(T)) (as amended by 
     section 321(a)(1)(B) of the Energy Independence and Security 
     Act of 2007 (121 Stat. 1574)) is amended--
       (A) in clause (i)--
       (i) by striking the comma after ``household appliance'' and 
     inserting ``and''; and
       (ii) by striking ``and is sold at retail,''; and
       (B) in clause (ii), by inserting ``when sold at retail,'' 
     before ``is designated''.
       (8) Section 325(l)(4)(A) of the Energy Policy and 
     Conservation Act (42 U.S.C. 6295(l)(4)(A)) (as amended by 
     section 321(a)(3)(B) of the Energy Independence and Security 
     Act of 2007 (121 Stat. 1581)) is amended by striking 
     ``only''.
       (9) Section 327(b)(1)(B) of the Energy Policy and 
     Conservation Act (42 U.S.C. 6297(b)(1)(B)) (as amended by 
     section 321(d)(3) of the Energy Independence and Security Act 
     of 2007 (121 Stat. 1585)) is amended--
       (A) in clause (i), by inserting ``and'' after the semicolon 
     at the end;
       (B) in clause (ii), by striking ``; and'' and inserting a 
     period; and
       (C) by striking clause (iii).
       (10) Section 321(30)(C)(ii) of the Energy Policy and 
     Conservation Act (42 U.S.C. 6291(30)(C)(ii)) (as amended by 
     section 322(a)(1)(B) of the Energy Independence and Security 
     Act of 2007 (121 Stat. 1587)) is amended by inserting a 
     period after ``40 watts or higher''.
       (11) Section 322(b) of the Energy Independence and Security 
     Act of 2007 (121 Stat. 1588) is amended by striking 
     ``6995(i)'' and inserting ``6295(i)''.
       (12) Section 325(b) of the Energy Independence and Security 
     Act of 2007 (121 Stat. 1596) is amended by striking 
     ``6924(c)'' and inserting ``6294(c)''.
       (13) This subsection and the amendments made by this 
     subsection take effect as if included in the Energy 
     Independence and Security Act of 2007 (Public Law 110-140; 
     121 Stat. 1492).
       (b) Energy Policy Act of 2005.--
       (1) Section 325(g)(8)(C)(ii) of the Energy Policy and 
     Conservation Act (42 U.S.C. 6295(g)(8)(C)(ii)) (as added by 
     section 135(c)(2)(B) of the Energy Policy Act of 2005) is 
     amended by striking ``20F'' and inserting ``negative 20F''.
       (2) This subsection and the amendment made by this 
     subsection take effect as if included in the Energy Policy 
     Act of 2005 (Public Law 109-58; 119 Stat. 594).
       (c) Energy Policy and Conservation Act.--
       (1) Section 340(2)(B) of the Energy Policy and Conservation 
     Act (42 U.S.C. 6311(2)(B)) is amended--
       (A) in clause (xi), by striking ``and'' at the end;
       (B) in clause (xii), by striking the period at the end and 
     inserting ``; and''; and
       (C) by adding at the end the following:
       ``(xiii) other motors.''.
       (2) Section 343(a) of the Energy Policy and Conservation 
     Act (42 U.S.C. 6314(a)) is amended by striking ``Air-
     Conditioning and Refrigeration Institute'' each place it 
     appears in paragraphs (4)(A) and (7) and inserting ``Air-
     Conditioning, Heating, and Refrigeration Institute''.

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from 
Kentucky (Mr. Whitfield) and the gentleman from California (Mr. Waxman) 
each will control 20 minutes.
  The Chair recognizes the gentleman from Kentucky.


                             General Leave

  Mr. WHITFIELD. Mr. Speaker, I ask unanimous consent that all Members 
may have 5 legislative days in which to revise and extend their remarks 
and insert extraneous materials in the Record.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from Kentucky?
  There was no objection.
  Mr. WHITFIELD. Mr. Speaker, I yield myself such time as I may 
consume.
  I rise today in support of H.R. 6582, the American Energy 
Manufacturing Technical Corrections Act, and I want to thank Mr. Waxman 
and his staff for working with us on this legislation. Part of it has 
been passed in the Senate, and we've worked very closely with the 
Senate staff and Members as well.
  This is a small but critical piece of energy legislation that I 
encourage my colleagues to support:
  Section 2 deals with an outdated standard for walk-in coolers that is 
actually resulting in layoffs and loss of jobs in the State of Alabama;
  Section 3 deals with a fix to water heater requirements that will 
reduce regulatory burdens on manufacturers by transitioning to a single 
definition for all covered water heaters;
  Section 4 fixes a standard that cannot be met from the 2007 energy 
bill for ``service over the counter'' refrigerators;
  Section 5 deals with small duct high velocity systems;
  Sections 6 and 7 seek to improve Federal coordination to help develop 
and deploy industrial energy efficiency technologies;
  Sections 8 and 9 aim to improve Federal energy efficiency, which will 
ultimately save taxpayers money;
  Section 10 makes additional routine technical corrections to the 2007 
energy bill.
  This bill will reduce regulatory burdens and provide greater 
certainty for manufacturers, allowing them to stay in business, avoid 
layoffs, and will also ensure the continued benefits of energy savings 
and consumer savings because of increased energy efficiency.
  H.R. 6582 carries the support of the Air Conditioning, Heating, and 
Refrigeration Institute, the Industrial Energy Consumers of America, as 
well as the American Council for an Energy-Efficient Economy, the 
Alliance to Save Energy, and the National Association of Manufacturers.
  This bill shows that we can work together in Congress in a bipartisan 
manner to tackle important energy issues. To that end, I once again 
want to thank my colleagues on the other side of the aisle, Mr. Waxman 
and his staff, for working with us to help develop this legislation 
that we all can support.
  I might add that many of us on this side of the aisle feel as though 
the 2007 energy bill has many provisions that we believe to be 
challenging for stimulating private growth and creating jobs. I hope my 
colleagues on the other side of the aisle will continue to work with us 
on these matters in the future.
  As the 112th Congress comes to a close, the passage of this modest 
but important energy efficiency bill gives me hope that we can work 
together in the coming years to tackle the many energy challenges 
facing America. I encourage my colleagues to support passage of H.R. 
6582.
  I reserve the balance of my time.

         House of Representatives, Committee on Science, Space, 
           and Technology,
                                 Washington, DC, December 3, 2012.
     Hon. Fred Upton,
     Chairman, Committee on Energy and Commerce, Rayburn HOB, 
         Washington, DC.
       Dear Chairman Upton: I am writing to you concerning the 
     jurisdictional interest of the Committee on Science, Space, 
     and Technology in H.R. 6582, the American Energy 
     Manufacturing Technical Corrections Act. The suspension text 
     version of H.R. 6582, posted on November 30, 2012 contains 
     multiple provisions from H.R. 4850, the Enabling Energy 
     Saving Innovations Act, as amended and passed by the Senate 
     on September 22, 2012 under unanimous consent, which are 
     outside the original scope of H.R. 4850, as introduced and 
     passed by the House on June 26, 2012.

[[Page H6603]]

       While the text of H.R. 6582 reflects an agreement reached 
     by the House Energy and Commerce Committee and the Senate 
     Energy and Natural Resources Committee, the text also 
     contains provisions that fall within the Rule X jurisdiction 
     of the Committee on Science, Space, and Technology.
       I recognize and appreciate the desire to bring this 
     legislation before the House of Representatives, and 
     accordingly, I will waive further consideration of this bill 
     in Committee, notwithstanding any provisions that fall within 
     the jurisdiction of the Committee on Science, Space, and 
     Technology. This waiver, of course, is conditional on our 
     mutual understanding that agreeing to waive consideration of 
     this bill should not be construed as waiving, reducing, or 
     affecting the jurisdiction of the Committee on Science, 
     Space, and Technology.
       Additionally, the Committee on Science, Space, and 
     Technology expressly reserves its authority to seek conferees 
     on any provision within its jurisdiction during any House-
     Senate conference that may be convened on this, or any 
     similar legislation. I ask for your commitment to support any 
     request by the Committee for conferees on H.R. 6582, as well 
     as any similar or related legislation.
       I ask that a copy of this letter be placed in the 
     Congressional Record during consideration of the bill on the 
     House floor.
           Sincerely,

                                                Ralph M. Hall,

                                   Chairman, Committee on Science,
     Space, and Technology.
                                  ____

         House of Representatives, Committee on Energy and 
           Commerce,
                                 Washington, DC, December 3, 2012.
     Hon. Ralph M. Hall,
     Chairman, Committee on Science, Space, and Technology, 
         Rayburn HOB, Washington, DC.
       Dear Chairman Hall: Thank you for your letter regarding 
     H.R. 6582, the ``American Energy Manufacturing Technical 
     Corrections Act,'' which reflects the agreement reached by 
     the House and the Senate concerning the competing versions of 
     H.R. 4850 passed by each body. As you noted, the version of 
     H.R. 6582 that will be considered on the Floor contains 
     provisions that fall within the Rule X jurisdiction of the 
     Committee on Science, Space, and Technology.
       I appreciate your willingness to forgo action on H.R. 6582, 
     and I agree that your decision should not prejudice the 
     Committee on Science, Space, and Technology with respect to 
     the appointment of conferees or its jurisdictional 
     prerogatives on this or similar legislation, for which you 
     will have my support.
       I will include a copy of your letter and this response in 
     the Congressional Record during consideration of the bill on 
     the House floor.
           Sincerely,
                                                       Fred Upton,
     Chairman.
                                  ____

         House of Representatives, Committee on Transportation and 
           Infrastructure,
                                 Washington, DC, December 3, 2012.
     Hon. Fred Upton,
     Chairman, Committee on Energy and Commerce, House of 
         Representatives, Washington, DC.
       Dear Mr. Chairman: I write concerning H.R. 6582, the 
     ``American Energy Manufacturing Technical Corrections Act.'' 
     There are certain provisions in the version of HR. 6582 that 
     will be considered on the House Floor that fall within the 
     Rule X jurisdiction of the Committee on Transportation and 
     Infrastructure.
       In order to expedite the House's consideration of H.R. 
     6582, the Committee will forgo action on this bill. However, 
     this is conditional on our mutual understanding that forgoing 
     consideration of the bill does not prejudice the Committee 
     with respect to the appointment of conferees or to any future 
     jurisdictional claim over the subject matters contained in 
     this bill or similar legislation which fall within the 
     Committee's Rule X jurisdiction.
       I would appreciate your response to this letter, confirming 
     this understanding, and would request that you include our 
     exchange of letters on this matter in the Congressional 
     Record during consideration of this bill on the House floor.
           Sincerely,
                                                     John L. Mica,
     Chairman.
                                  ____

         House of Representatives, Committee on Energy and 
           Commerce,
                                 Washington, DC, December 3, 2012.
     Hon. John L. Mica,
     Chairman, Committee on Transportation and Infrastructure, 
         Rayburn HOB, Washington, DC.
       Dear Chairman Mica: Thank you for your letter regarding 
     H.R. 6582, the ``American Energy Manufacturing Technical 
     Corrections Act,'' which reflects the agreement reached by 
     the House and the Senate concerning the competing versions of 
     H.R. 4850 passed by each body. As you noted, the version of 
     H.R. 6582 that will be considered on the Floor contains 
     provisions that fall within the Rule X jurisdiction of the 
     Committee on Transportation and Infrastructure.
       I appreciate your willingness to forgo action on H.R. 6582, 
     and I agree that your decision should not prejudice the 
     Committee on Transportation and Infrastructure with respect 
     to the appointment of conferees or its jurisdictional 
     prerogatives on this or similar legislation, for which you 
     will have my support.
       I will include a copy of your letter and this response in 
     the Congressional Record during consideration of the bill on 
     the House floor.
           Sincerely,
                                                       Fred Upton,
     Chairman.
                                  ____

                                                 December 4, 2012.
     Representative Upton,
     House of Representatives, Rayburn HOB, Washington, DC.
       Dear Chairman Upton: On behalf of the American Public Gas 
     Association (APGA), and the American Gas Association (AGA) we 
     would like to convey our concerns regarding H.R 6582, The 
     American Energy Manufacturing Technical Corrections Act.
       APGA is the national association for publicly-owned natural 
     gas distribution systems. There are approximately 1,000 
     public gas systems in 36 states and approximately 700 of 
     these systems are APGA members. Publicly-owned gas systems 
     are not-for-profit, retail distribution entities owned by, 
     and accountable to, the citizens they serve. They include 
     municipal gas distribution systems, public utility districts, 
     county districts, and other public agencies that have natural 
     gas distribution facilities.
       AGA represents more than 200 local energy companies that 
     deliver clean natural gas throughout the United States. There 
     are more than 71 million residential, commercial, and 
     industrial natural gas customers in the U.S., of which 92 
     percent--more than 65 million customers--receive their gas 
     from AGA members.
       First, H.R. 6582 directs the Department of Energy to 
     transition from the current, separate definitions for water 
     heaters, to a uniform energy descriptor for all covered water 
     heaters and to establish testing procedures. We have concerns 
     about these testing procedures. The American Society of 
     Heating, Refrigerating and Air-Conditioning (ASHRAE) is 
     currently revising its Standard 118.2, Method of Testing for 
     Rating Residential Water Heaters. ASHRAE is an 
     internationally recognized American National Standards 
     Institute (ANSI) accredited standards developer. Standard 
     118.2 will provide testing changes as well as potential 
     changes to energy descriptors. When drafting the testing 
     procedures, DOE should consider ASHRAE 118.2. In fact, DOE is 
     already engaged in rulemaking on test procedures for these 
     products where ASHRAE 118.2 can be referenced for adoption.
       Second, we are concerned that this legislation invites 
     additional regulation of residential water heaters by the U. 
     S. Consumer Product Safety Commission and may encourage the 
     unnecessary expansion of that group's Flammable Vapor 
     Ignition Resistant (FVIR) requirements beyond their current 
     scope, which could have a chilling impact on the applications 
     of condensing storage gas water heaters.
       Third, we are concerned that the language in this bill that 
     sets minimum efficiency levels for small-duct, high-velocity 
     central systems, lowers existing efficiency standards and 
     preferences the use of electric appliances over equivalent 
     natural gas appliances. The first minimum efficiencies on 
     these products were promulgated in 2004, effective January 
     23, 2006 and required 7.7 HSPF (heating seasonal performance 
     factor) or higher, whereas this legislation requires only 6.8 
     HSPF and 7.2 HSPF minimums while comparable natural gas heat 
     pumps are still subject to the higher minimum standard of 7.7 
     HSPF.
       Despite these concerns, we do not oppose the bill. Our 
     objective is to bring these concerns to your attention and to 
     encourage the Department of Energy to work with APGA and AGA 
     in the rulemaking process to ensure that the views of our 
     members are considered.
       APGA and AGA appreciate your consideration of our views and 
     look forward to working further with you on this and other 
     natural gas issues.
           Sincerely,

                                                 Bert Kalisch,

                                                  President & CEO,
                                  American Public Gas Association.

                                                 Dave McCurdy,

                                                  President & CEO,
                                         American Gas Association.

  Mr. WAXMAN. Mr. Speaker, I yield myself such time as I may consume.
  The United States and the world are facing an enormous and growing 
threat: The pollution we are putting into the atmosphere is changing 
the climate around us. In this last year alone, New York City has been 
flooded by a superstorm, the Midwest has roasted in record-setting 
drought, and wildfires have scorched the West. These are not 
aberrations. They are the early warning signs of what the future will 
look like.
  Today, on one of the very last days of this Congress, we're taking 
our first step to recognize this looming threat. It's not a big step--
in fact, it's a tiny one--but it gives hope that we can work together, 
and it is a signal that at least we are headed in the right direction.
  Energy efficiency is an essential part of any serious effort to 
address climate change. It is the low-hanging fruit that reduces 
pollution while saving Americans money and creating jobs. Whether

[[Page H6604]]

it's a building code or appliance standard or home retrofit, we should 
be doing far more in this area. In fact, a recent International Energy 
Agency analysis found that without new policies, two-thirds of the 
cost-effective energy efficiency gains that could be made will remain 
unrealized through 2035.
  This bill includes a number of noncontroversial technical fixes to 
appliance energy efficiency standards for water heaters, walk-in 
freezers, deli counter-style refrigerators, and certain types of air 
conditioners. The bill includes improvements to the process by which 
the Department of Energy updates its energy efficiency standards. In 
addition, there are a few sensible provisions to promote industrial 
energy efficiency and the efficiency of Federal Government buildings.
  This bill will not produce large energy savings, but it's a 
worthwhile package of consensus improvements. The package is based on 
provisions that recently passed the Senate by unanimous consent. Both 
industry and energy efficiency advocates support the bill. This is a 
bill that has a very good chance of becoming law this month.
  But we need to do much, much more. The beginning of a new Congress 
provides us an opportunity to work together on a bipartisan basis to 
enact commonsense energy efficiency legislation. Such legislation will 
save consumers money, boost domestic manufacturing, while cutting 
pollution, including the carbon pollution that is driving dangerous 
climate change.
  I look forward to starting those discussions with Chairman Upton and 
our Energy and Commerce Committee colleagues. There are many good ideas 
for policies that would reduce waste and save energy, and we should 
work together to explore those ideas and enact the ones we can agree 
on.

                              {time}  1240

  Today's bill is a first step. I encourage my colleagues to support 
it, and I reserve the balance of my time.
  Mr. WHITFIELD. Mr. Speaker, I yield 4 minutes to the gentleman from 
Alabama (Mr. Aderholt), who wrote a portion of this bill and whose 
State is at risk of losing jobs because of some technicalities.
  Mr. ADERHOLT. I want to thank the gentleman from Kentucky for his 
time and just take a moment to say how much we appreciate working with 
him and his staff on this legislation as we've moved forward.
  As has been mentioned here, the purpose of this legislation, in many 
respects, is to make critical technical changes to the 2007 Energy 
Independence and Security Act, known as EISA, which will both preserve 
jobs and create new jobs in several related fields of industry.
  I want to speak in particular to section 313 of EISA as it relates to 
the efficiency standards of walk-in coolers and freezers. The section 
mandates that cooler and freezer doors must meet a certain R-value as a 
measurement of their ability to retain temperature and use less energy. 
The problem here is that R-value is a measurement based primarily on 
one insulating product in particular--foam--and on how thick that foam 
actually is. However, requiring a product to meet an R-value prohibits 
technologies that are just as efficient even though they utilize 
alternative materials or technologies.
  In this case, the technology is even more efficient. Although 
regulatory statutes many times provide the Department of Energy with a 
waiver authority, a waiver was not a part of this particular statute. 
This legislation provides the Department of Energy with the authority 
to waive the requirement if they determine a product meets or exceeds 
the desired energy-efficiency goals.
  Bureaucratic red tape and Federal regulations can sometimes 
accidentally keep America's innovators and small businesses from 
creating jobs. Therefore, the Manufacturing Technical Corrections Act 
is a commonsense solution which maintains standards and yet corrects a 
problem which otherwise stifles growth and causes companies to lose 
jobs. Due to an increase in regulation over the past few years, too 
many small businesses have had to lay off employees, reduce production, 
and even shut their doors. This is precisely what happened to an 
innovative manufacturing company in the district I represent back in 
Alabama.
  The Federal Government's embrace of outdated technology prohibits new 
and innovative solutions to improve energy efficiency. Without 
sacrificing the efficiency standards which drove the original bill, my 
bill here that we're discussing this afternoon merely makes a 
commonsense update.
  Just to be clear, this legislation, H.R. 6582, does not create new 
standards, but it does make existing standards better for businesses 
and better for consumers. I can personally attest that this technical 
corrections bill will directly affect over 100 jobs in the State of 
Alabama, and potentially many others could be created with this new and 
innovative technology. The other sections of this bill affect a similar 
and, in some cases, I'm told, an even greater amount of jobs in other 
places in the country.
  Simply put, this commonsense legislation provides technical 
corrections which remove barriers to technologies and which untie the 
hands of companies that manufacture here in the United States of 
America. This means jobs. And not only by moving this legislation will 
we be able to create jobs, but we'll be able also to make sure that we 
continue economic growth in this country.
  Therefore, I suggest and urge my colleagues that they support this 
legislation that's on the floor today.
  Mr. WAXMAN. Mr. Speaker, I am pleased at this time to yield 3 minutes 
to the gentleman from Missouri (Mr. Carnahan).
  Mr. CARNAHAN. I rise today on behalf of H.R. 6582, the American 
Energy Manufacturing Act. This is truly a commonsense, bipartisan bill. 
I've been proud to work on it with my friend and neighbor, 
Representative John Shimkus of Illinois, and also with Congresswoman 
Judy Biggert, who has been my cochair of the High-Performance Building 
Caucus. I want to thank Congressman Whitfield and Congressman Waxman 
for their leadership on this matter here on the floor today.
  And, finally, the gentleman from Alabama (Mr. Aderholt) for his 
leadership in moving this bill forward today and for including 
legislation that I sponsored in 2010, the Small Duct, High Velocity 
Energy Efficiency Standards for America Act. Small duct, high velocity 
systems are a special type of heating, ventilation, and air 
conditioning systems. It is more energy efficient than traditional 
units, especially for older and historic homes and buildings with 
limited space for new duct work.
  Even though it's more efficient, the Department of Energy lumped 
these new systems in with a rulemaking for regular systems in 2002. The 
Department eventually granted a waiver, basically saying that these new 
small duct systems could be sold anyway as efficient products. But the 
legislation before us today will codify that waiver into law so that 
American manufacturers and consumers can truly benefit from the 
advantages of these types of products.
  Unico is a company that is one of several that manufacture these 
systems. It is a small business of about 80 employees in my hometown of 
St. Louis, Missouri. I've toured the Unico plant, and I've met with 
their employees. I've seen the pride in their work, the craftsmanship 
that they display. And those products go not just around the U.S., but 
around the world.
  Unico is an American success story. It's a small business created in 
America, manufacturing products in America, and creating good-paying 
manufacturing and construction jobs--exactly what this Congress and 
this country should be all about. And when the actor Brad Pitt, also a 
Missouri native, and the Make It Right Foundation unveiled plans to 
build over 100 super-energy-efficient homes in New Orleans, they looked 
around the world to find low-cost, energy-efficient systems, and they 
chose Unico, creating more jobs in my hometown. We're proud of that. 
But it isn't just about jobs, though. It's about becoming more energy 
efficient as a Nation.
  Heating and cooling account for 56 percent of energy use in the 
typical house, making it the largest energy expense for most families. 
Air conditioners alone use roughly 5 percent of all electricity 
nationwide, at a cost of

[[Page H6605]]

over $11 billion to homeowners, releasing nearly 100 million tons of 
carbon dioxide into the atmosphere.
  The SPEAKER pro tempore. The time of the gentleman has expired.
  Mr. WAXMAN. Mr. Speaker, I yield the gentleman an additional 30 
seconds.
  Mr. CARNAHAN. Domestic manufacturing and use of high-energy heating 
and cooling systems like the ones produced by Unico will reduce energy 
up to 50 percent, save consumers billions of dollars a year, and create 
jobs. I urge a ``yes'' vote on this bill and thank my colleagues for 
their work today.
  Mr. WHITFIELD. Mr. Speaker, I yield 4 minutes to the distinguished 
gentleman from Illinois (Mr. Shimkus), who is chairman of the 
Environment and Economy Subcommittee.
  (Mr. SHIMKUS asked and was given permission to revise and extend his 
remarks.)
  Mr. SHIMKUS. I also come down in support of H.R. 6582 and want to 
address the small duct, high velocity system provisions in this bill. 
But first let me talk about my friend and colleague, Russ Carnahan. The 
Carnahan name in my neighboring State of Missouri is well known and 
well respected. Russ added to that legacy, and I thank him for his 
service, and I thank him for his friendship.
  Mr. Speaker, small duct, high velocity systems are a special type of 
heating, ventilating, and air conditioning used especially for older 
homes and buildings that don't have room for duct work. In terms of 
delivered efficiency, these units are more energy efficient than 
traditional HVAC units, a fact widely recognized, including by the 
Department of Energy.
  Unfortunately, more than 10 years ago, these small duct units were 
incorrectly lumped into a rulemaking for regular HVAC units. Subsequent 
administrations have attempted to correct this error in the past 
through unrelated rulemaking regarding efficiency standards for 
different types of units. However, the rulemaking for these unrelated 
units was challenged and overturned. Because small duct, high velocity 
units were included, the court's findings applied to them as well.

                              {time}  1250

  The result of the court ruling forbids DOE efficiency rulemakings 
that ratchet down standards already in place, even if those in place 
were promulgated by mistake, as in the case of these units. Despite 
this ruling, DOE has recognized small duct high velocity systems as 
unique and that they should have their own set of efficiency standards. 
As a result, DOE has given these systems waivers to be sold as 
efficient products.
  Mr. Speaker, the provisions of H.R. 6582 related to small duct high 
velocity systems are taken from H.R. 1499 that Mr. Carnahan and I have 
been working on. The language will codify these waivers already in 
place and set up a regulatory process so sellers of these systems can 
have relief from this regulatory burden. Furthermore, consumers will 
have peace of mind that these products are truly energy efficient while 
meeting their needs and not just operating under a waiver.
  I urge my colleagues to support the entire bill, H.R. 6582. And to my 
friend, Mr. Waxman, who is very passionate on climate, he also knows 
that there are those of us who are just as passionate about jobs and 
the economy and the fossil fuel economy, and I hope that we can work 
together in the next Congress.
  Mr. WAXMAN. Mr. Speaker, I am pleased at this time to yield 3 minutes 
to the gentleman from Vermont (Mr. Welch), who is going to be joining 
again the Energy and Commerce Committee to my great delight.
  Mr. WELCH. I thank the gentleman from California, and I look forward 
to returning to the committee and working with my colleagues on the 
other side of the aisle as well.
  I'm very pleased to be here supporting this legislation. Energy 
efficiency makes sense. We have brutal arguments here about climate 
change, about what is the right fuel source. They're dividing us. But 
the fact is whether you believe in climate change or not, even under 
the bill that was passed--not this session, but a session ago--we could 
have met one-third of our climate reduction, carbon emission goals 
through efficiency. There is an enormous potential in efficiency to 
make this economy better, to create local jobs, to save people money. 
This legislation starts down that road, and it's very good.
  I look and see some of my colleagues over there, even my friend from 
Georgia. I think we accidentally voted the same on one or two pieces of 
legislation this year--and I'm not quite sure who made the mistake. But 
our eyes are wide open on this one with efficiency. We know that this 
is good for Georgia, it's good for Vermont. And it does not matter what 
your fuel source is--you can be a nuclear person or a clean energy 
person--using less is good for the pocketbook, it's good for the 
economy.
  I would like to expand on this when we come back next year, find that 
area where we're in agreement on efficiency and energy and intensify 
it. When I served on the committee, we did pass HOME STAR. I've 
partnered this session with Mr. McKinley of West Virginia on a version 
of that, the HOMES Act, where we would give some incentive to 
homeowners to retrofit their homes. The evidence is that if you did 
this in an aggressive way, 95 percent of the materials that are used in 
retrofitting a home are manufactured in America, so we put those 
manufacturing jobs back online.
  Number two, the folks who do the work are the trade folks, who are 
really still reeling from the housing slump. So they've got the skills 
and they need the work; we put them back to work. Then your bill at 
home, as a homeowner--whatever your heat source--goes down. This is 
sensible and we can do it.
  It's going to take some decisions on spending. I hope we can get past 
this notion that every dollar spent is a bad dollar spent. There are 
times when it makes sense to invest because you get a good return on 
it, and that's from somebody who does believe that we've got to bring 
our budget in balance.
  So I say to the sponsors of this legislation, our leaders on the 
committee, and my colleagues on both sides of the aisle, this is a 
tremendous down-payment on efficiency that will be good for this 
Congress to work together on and good for this country to get it done.
  Mr. WHITFIELD. Mr. Speaker, I might say that we're all looking 
forward to working with the gentleman from Vermont as he comes back to 
the Energy and Commerce Committee.
  At this time, I'd like to yield 3 minutes to the gentleman from 
Georgia (Mr. Westmoreland), who wrote a portion of this bill.
  Mr. WESTMORELAND. I want to thank the gentleman from Kentucky for 
yielding me the time. I also want to thank the gentleman from Alabama 
(Mr. Aderholt) for all the hard work that he and his staff and the 
staff of Energy and Commerce have put into this. I also want to thank 
the gentleman from California and his staff for working with us to get 
this small part into this bill.
  Mr. Speaker, we are asked a lot of times what part of this job we 
enjoy the most, and whether you're talking to a school group or a group 
from one of the civic clubs, sometimes it's hard to come up with an 
answer. But in this case, this would be one of those cases where we 
have come together, both sides of the aisle, and actually worked 
together.
  To my friend from Vermont, I will tell you that hopefully those 
occasions where we vote together will not be as unusual as they have 
been. But I look forward to voting with him on this issue because this 
is almost a jobs bill. We heard the gentleman from Alabama and the 
gentleman from Missouri and others talk about the number of jobs that 
this is going to save. This is taking into consideration our precious 
energy and making sure that we get the best efficiency out of it, and 
at the same time maintaining jobs.
  My part of this legislation is section 342(c), which deals with the 
display cases. In this case, in the State of Georgia and the city of 
Columbus, it has the potential of saving 1,180 jobs. At this point, 
with 13 million unemployed in this country and many more underemployed, 
it's very important for us to come together. I think this is a great 
example of how we can come together to make sure that we are good 
stewards of our energy, to make sure

[[Page H6606]]

that our products are the best in the world, the most energy efficient, 
but yet have commonsense regulations that allow us to continue to push 
these and make these products here in this country.
  So again, I want to thank everybody for their support and hard work 
on this, and especially from those 1,180 people in Georgia that will be 
able to maintain employment.
  Mr. WAXMAN. Mr. Speaker, I continue to reserve my time.
  Mr. WHITFIELD. At this time, Mr. Speaker, I would like to yield 3 
minutes to the gentlelady from Tennessee (Mrs. Blackburn), who is a 
member of the Energy and Commerce Committee.
  Mrs. BLACKBURN. Mr. Speaker, I do rise in strong support of H.R. 6582 
today. I am so pleased to stand and to thank Mr. Whitfield and Mr. 
Aderholt for the work that they have done on this. Also, I want to 
thank Mr. Waxman for his efforts in this bill.
  I also want to commend my colleague, Mr. Cooper, from Tennessee. He 
and I had authored a piece of legislation, H.R. 482, the Water Heater 
Rating Improvement Act of 2011, and it is now section 3 of the 
underlying bill.
  Essentially, what this section 3 would do is to fix a regulatory 
problem related to the test methodology that the DOE uses to calculate 
the efficiency levels of water heaters, which even the DOE has 
acknowledged that the way they're doing this is broken and it does need 
to be fixed.
  This legislation will also level the playing field for our domestic 
water heater manufacturers who are currently at a competitive 
disadvantage with the foreign manufacturers. Of course we all know our 
focus is on jobs and the economy and getting our domestic manufacturing 
back to the pace where it should be for global competition.

                              {time}  1300

  Essentially the problem is this: under the current standards, the 
small and large water heaters are divided into two categories under two 
separate Federal statutes. These statutes are based on an arbitrary 
gallon capacity and energy input ratings. The smaller water heaters are 
covered by the National Appliance Energy Conservation Act and are rated 
using an Energy Factor, or an EF rating. Now the larger water heaters 
are within the scope of the Energy Policy Act and are rated using a 
Thermal Efficiency, or TE rating.
  The problem facing American manufacturers is that under the current 
rules of the road, only the small water heaters are deemed eligible 
under the ENERGY STAR program. This is nonsensical. It's an outdated 
measure and disqualifies our large American-made water heaters from 
being covered by the ENERGY STAR ratings regardless of how advanced or 
how highly efficient they may be.
  The legislation before us today would provide the necessary 
regulatory and business certainty that is needed by our manufacturers. 
This legislation has the potential of adding upwards of 1,000 jobs for 
domestic water heater manufacturers, many of them in my home State of 
Tennessee, where there are already 3,000 jobs directly involved in the 
manufacturing of water heaters.
  I thank the chairman again. I thank the gentleman from Alabama (Mr. 
Aderholt), and I also want to commend the gentleman from Tennessee (Mr. 
Cooper).
  Mr. WHITFIELD. Mr. Speaker, at this time, I would like to yield for a 
period of 3 minutes to Dr. Roe of Tennessee, who is a member of the 
Education Committee.
  Mr. ROE of Tennessee. I thank the chairman for yielding.
  Mr. Speaker, I rise today in support of H.R. 6582. This legislation 
would establish a uniform energy-efficiency descriptor for all water 
heaters, walk-in freezers, and walk-in coolers. The legislation also 
improves the testing methods that determine whether or not these 
products are energy efficient, which will provide certainty for the 
manufacturers of these products.
  The importance in my district, in my hometown, is one of our largest 
manufacturers there is A.O. Smith, which makes up to 8,000 water 
heaters a day. This is a real jobs issue in my hometown. These jobs 
have good retirement plans and health insurance. Their competitors are 
both in Canada and Mexico. And certainly we need to do anything we can 
to help support these local manufacturers.
  This bill will make it easier for consumers to compare the energy 
efficiency of products and eliminate confusion that stems from having 
more than one type of label. The decision to invest in a large-scale 
appliance of this nature is a big one, and during these tough economic 
times, consumers deserve information that's easily understood so that 
they can make well-informed decisions. It's also helpful for 
manufacturers to have clear guidelines for how products will be judged 
for energy efficiency. And this is why--just to simplify what's going 
on to make it easier for our manufacturers.
  And let me tell you, I've walked through A.O. Smith's plant. I've 
been through it. It's absolutely incredible to see a piece of sheet 
metal, to see our manufacturers take a piece of metal and produce 8,000 
water heaters in a single day for consumption in the United States. I 
have one in my home. That's what I use. And I proudly have one in my 
apartment here in Washington, D.C.
  I would encourage support of this measure.
  Mr. WAXMAN. Mr. Speaker, I have no further requests for time on my 
side of the aisle to support this legislation. I know that almost all 
Democrats that I have talked to think it's a good bill. I have urged 
the others to join with them in supporting it. I think it's a 
worthwhile piece of legislation. It's a small step, but it's a step in 
the right direction. And it will clarify some issues that still need to 
be clarified. So let's get this done.
  And in pursuit of that objective, I yield back the balance of my 
time.
  Mr. WHITFIELD. I also want to urge everyone to support H.R. 6582, a 
small, modest, energy-efficiency bill that will save some jobs.
  I certainly want to thank the Members of the Senate, the Senate 
staff, the gentleman from California (Mr. Waxman) and his committee 
staff, and certainly the Energy and Power staff here on the House side 
for being involved in these negotiations and working this out.
  With that, Mr. Speaker, I yield back the balance of my time.
  Mr. BISHOP of Georgia. Mr. Speaker, I rise today to extend my support 
for the American Energy Manufacturing Technical Corrections Act.
  The bill would lessen the regulatory burden on deli-style display 
cases (like the ones in grocery stores) by placing Service-Over-the-
Counter (SOTC) refrigerator units into a separate product 
classification.
  Currently, SOTC refrigerator units must meet the efficiency standards 
designed for commercial refrigerators otherwise called ``reach-ins.'' 
These SOTC units are designed for maximum product visibility and 
presentation. They require more glass and lighting than conventional 
reach-ins. Their inherent design makes it impossible to reach the 
minimum efficiency standards established in the Energy Policy Act of 
2005.
  There are a number of companies that would be affected by this 
regulation, totaling about 8,500 jobs across the country. One of those 
five companies is Lennox, employs approximately 1,700 people in the 
State of Georgia. Kysor/Warren became a subsidiary of Lennox 
International in 2011, and the company has been a leading manufacturer 
of refrigerated systems and display cases for supermarkets throughout 
North America. By creating a separate product class for service-over-
the-counter products, we can help save jobs in many communities.
  Mr. Speaker, I ask my colleagues to join me in support of this 
important legislation to protect American jobs in our communities.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentleman from Kentucky (Mr. Whitfield) that the House suspend the 
rules and pass the bill, H.R. 6582, as amended.
  The question was taken.
  The SPEAKER pro tempore. In the opinion of the Chair, two-thirds 
being in the affirmative, the ayes have it.
  Mr. WHITFIELD. Mr. Speaker, on that I demand the yeas and nays.
  The yeas and nays were ordered.
  The SPEAKER pro tempore. Pursuant to clause 8 of rule XX, further 
proceedings on this question will be postponed.

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