[Congressional Record Volume 160, Number 129 (Wednesday, September 10, 2014)]
[House]
[Pages H7409-H7410]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                     EPS SERVICE PARTS ACT OF 2014

  Mr. WHITFIELD. Mr. Speaker, I move to suspend the rules and pass the 
bill (H.R. 5057) to amend the Energy Policy and Conservation Act to 
permit exemptions for external power supplies from certain efficiency 
standards, and for other purposes, as amended.
  The Clerk read the title of the bill.
  The text of the bill is as follows:

                               H.R. 5057

       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 ``EPS Service Parts Act of 
     2014''.

     SEC. 2. EXEMPT SUPPLIES.

       Section 325(u) of the Energy Policy and Conservation Act 
     (42 U.S.C. 6295(u)) is amended by adding at the end the 
     following:
       ``(5) Exempt supplies.--
       ``(A) February 10, 2014, rule.--
       ``(i) In general.--An external power supply shall not be 
     subject to the final rule entitled `Energy Conservation 
     Program: Energy Conservation Standards for External Power 
     Supplies', published at 79 Fed. Reg. 7845 (February 10, 
     2014), if the external power supply--

       ``(I) is manufactured during the period beginning on 
     February 10, 2016, and ending on February 10, 2020;
       ``(II) is marked in accordance with the External Power 
     Supply International Efficiency Marking Protocol, as in 
     effect on February 10, 2016;
       ``(III) meets, where applicable, the standards under 
     paragraph (3)(A), and has been certified to the Secretary as 
     meeting International Efficiency Level IV or higher of the 
     External Power Supply International Efficiency Marking 
     Protocol, as in effect on February 10, 2016; and
       ``(IV) is made available by the manufacturer as a service 
     part or a spare part for an end-use product that--

       ``(aa) constitutes the primary load; and
       ``(bb) was manufactured before February 10, 2016.
       ``(ii) Reporting.--The Secretary may require manufacturers 
     of products exempted pursuant to clause (i) to report annual 
     total units shipped as service and spare parts that fall 
     below International Efficiency Level VI.
       ``(iii) Limitation of exemption.--The Secretary may issue a 
     rule, after providing public notice and opportunity for 
     public comment, to limit the applicability of the exemption 
     established under clause (i) if the Secretary determines that 
     the exemption is resulting in a significant reduction of the 
     energy savings that would otherwise result from the final 
     rule described in such clause.
       ``(B) Amended standards.--
       ``(i) In general.--The Secretary may exempt an external 
     power supply from any amended standard under this subsection 
     if the external power supply--

       ``(I) is manufactured within four years of the compliance 
     date of the amended standard;
       ``(II) complies with applicable marking requirements 
     adopted by the Secretary prior to the amendment;
       ``(III) meets the standards that were in effect prior to 
     the amendment; and
       ``(IV) is made available by the manufacturer as a service 
     part or a spare part for an end-use product that--

       ``(aa) constitutes the primary load; and
       ``(bb) was manufactured before the compliance date of the 
     amended standard.
       ``(ii) Reporting.--The Secretary may require manufacturers 
     of a product exempted pursuant to clause (i) to report annual 
     total units shipped as service and spare parts that do not 
     meet the amended standard.''.

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from 
Kentucky (Mr. Whitfield) and the gentleman from New York (Mr. Tonko) 
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 on the bill.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from Kentucky?
  There was no objection.
  Mr. WHITFIELD. Mr. Speaker, at this time, I would like to yield 5 
minutes to the gentleman from Colorado (Mr. Gardner), who is an 
important member of the Energy and Commerce Committee.
  Mr. GARDNER. Mr. Speaker, I would like to thank Chairman Whitfield 
for his leadership on the Energy and Power Subcommittee, and I 
certainly appreciate the work you have done on energy independence.
  Mr. Speaker, I rise today in support of the EPS Service Parts Act of 
2014. This bill simply seeks to achieve congressional intent of the 
Energy Independence and Security Act of 2007 regarding exemptions for 
certain service parts.
  I would like to thank my colleague from New York, Congressman Tonko, 
for working with me on this legislation, and I would also like to thank 
Chairman Upton and Ranking Member Waxman for bringing this bill to the 
floor.
  In the 2007 Energy Independence and Security Act, Congress recognized 
the need for manufacturers to continue to produce and distribute 
service and spare parts to be used with older out-of-production 
products that didn't comply with the new energy efficiency regulations 
produced by the 2007 bill.
  The most common forms of EPS products are laptops, desktops, tablets, 
printers, and network products--products we use every day. Congress 
anticipated issues surrounding older service parts. The 2007 bill 
provided that from July 1, 2008, through June 30, 2015, the energy 
standards would not apply to EPS made available as service or spare 
parts for end use products manufactured before July 1, 2008.
  The reason for this legislation is to make a technical correction to 
provide explicit authority to the Department of Energy to create a 
similar exemption when the Department of Energy updated their EPS 
efficiency standards.
  The existing language in the 2007 bill, according to DOE, has the 
opposite effect. It actually prevents DOE from extending this needed 
exemption in its February 2014 rulemaking on EPS efficiency standards.
  The EPS Service Parts Act is in line with the original intent of the 
2007 energy bill. It allows for continued production and distribution 
of replacement EPS for use with equipment manufactured before February 
10, 2016, the effective date of the new DOE efficiency standards.
  By passing this legislation, the bill will benefit both U.S. 
consumers and manufacturers. It will allow manufacturers such as Dell 
or Hewlett-Packard to maintain and distribute supplies of replacement 
parts for older equipment. It will also allow for warranty and contract 
compliance by these manufacturers.
  Without this legislation, manufacturers would be required to redesign 
and qualify service on spare EPS parts at significant expense solely to 
support products that are no longer in production.
  Manufacturers would also be forced to destroy existing inventories. 
Again, they would have to be destroyed--existing inventories--that were 
intended to support service and spare parts.
  Also, in addition to meeting energy efficiency standards, the 
redesigned EPS parts would also need to be recertified to all the 
applicable safety, efficiency, and other environmental specifications.
  Because of the low volume of services and spare parts, this would be 
a very costly and job-costing undertaking for manufacturers. Companies 
have estimated increased costs in the millions of dollars with no 
corresponding benefit to energy savings or the consumer.
  This bill has the support of the Information Technology Industry 
Council, the Alliance to Save Energy, the American Council for an 
Energy-Efficient Economy, the Association of Home Appliance 
Manufacturers, the Consumer Electronics Association, the National 
Association of Manufacturers, and the Natural Resources Defense 
Council.
  The bill saves money and avoids a regulatory overreach not intended 
by, but accidentally instigated by a previous Congress.
  I urge my colleagues to vote ``yes'' on the bill.
  Again, thank you to my colleague from New York (Mr. Tonko).
  Mr. TONKO. Mr. Speaker, I yield myself as much time as I may consume.
  I rise in support of H.R. 5057, the External Power Supply Service 
Parts Act of 2014.

[[Page H7410]]

  I thank my colleague Representative Gardner and Chairman Upton and 
Ranking Member Waxman for their cooperation and support in bringing 
this measure to the floor.
  External power supplies have become regular fixtures in homes and 
workplaces around the world as we have expanded our use of rechargeable 
batteries to power the many electronic products we use every day. 
Because these products are so common, lowering their power consumption 
translates into substantial energy savings for consumers and savings 
for businesses.
  Earlier this year, the Department of Energy finalized a rule to 
strengthen the energy efficiency standards for these products. I 
support that rule.
  H.R. 5057 is not intended to undermine the new standard. H.R. 5057 
simply creates a short-term targeted exemption to enable a smooth and 
orderly transition to the new standard for both manufacturers and for 
the current owners of equipment purchased prior to the adoption of the 
new standard.
  This narrow exemption enables manufacturers to continue to provide 
service and replacement parts for existing equipment. It allows owners 
of equipment to keep it functioning for the full intended life of that 
given product.
  The bill ensures the exemption included in this legislation will not 
result in a significant delay in reaching the new energy efficiency 
targets for EPS equipment.
  The bill provides DOE with the authority to establish a reporting 
requirement to track the number of parts that are shipped and of those 
that do not meet the efficiency standard.
  If the Department finds that this exemption is undermining the energy 
savings that are projected under the new efficiency regulations, the 
Secretary can issue a rule to limit or rescind the exemption.
  H.R. 5057 strikes an appropriate balance, I believe, that keeps us 
moving forward on efficiency goals for external power supplies while 
providing manufacturers and owners of current products the assurance 
that service and spare parts will be available.
  Again, I want to thank my colleague, Representative Gardner, for 
working with me and working with our colleagues on this bill.
  I urge all Members to support the legislation, and with that, Mr. 
Speaker, I reserve the balance of my time.
  Mr. WHITFIELD. Mr. Speaker, I yield myself such time as I may 
consume.
  Mr. Speaker, I also want to thank Mr. Tonko and Mr. Gardner for being 
the cosponsors of this legislation and thank Mr. Waxman and Mr. Upton 
for working with all of us to bring it to the floor, as well as the 
staffs on both sides of the aisle.
  As both Mr. Tonko and Mr. Gardner stated, this bill is a technical 
correction to existing law that will allow external power supply 
manufacturers to continue to sell service parts compatible with older 
technology to the benefit of consumers and manufacturers. It is a good 
piece of legislation.
  I would urge all the Members to support this legislation, and I 
reserve the balance of my time.
  Mr. TONKO. Mr. Speaker, I have no other speakers, and with that, I 
yield back the balance of my time.
  Mr. WHITFIELD. Mr. Speaker, I yield back the balance of my time.
  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. 5057, 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, I object to the vote on the ground that a 
quorum is not present and make the point of order that a quorum is not 
present.
  The SPEAKER pro tempore. Pursuant to clause 8 of rule XX, further 
proceedings on this question will be postponed.
  The point of no quorum is considered withdrawn.

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