69–010 

Calendar No. 95 

115TH CONGRESS REPORT " ! SENATE 1st Session 115–76 

POWER AND SECURITY SYSTEMS ACT 

MAY 24, 2017.—Ordered to be printed 

Ms. MURKOWSKI, from the Committee on Energy and Natural 

Resources, submitted the following 

R E P O R T 

[To accompany S. 190] 

[Including cost estimate of the Congressional Budget Office] 

The Committee on Energy and Natural Resources, to which was 

referred the bill (S. 190) to provide for consideration of the extension under the Energy Policy and Conservation Act of nonapplication of No-Load Mode energy efficiency standards to certain security or life safety alarms or surveillance systems, and for other purposes, having considered the same, reports favorably thereon without amendment and recommends that the bill do pass. 

PURPOSE

The purpose of S. 190 is to provide for consideration of the extension under the Energy Policy and Conservation Act (EPCA) of nonapplication of No-Load Mode energy efficiency standards to certain 

security or life safety alarms or surveillance systems. 

BACKGROUND AND NEED

Since the 1973 oil embargo and every subsequent energy crisis, 

studies have shown that the United States could save energy and 

money by investing in energy efficiency measures. Today, efficient 

energy use and the deployment of more efficient technologies are 

critical to the nation’s economic competitiveness and job creation. 

In addition, efficient energy use reduces pollution that would be associated with energy production. Nevertheless, many existing energy efficiency technologies and programs have yet to be installed 

or implemented. 

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The National Academies released a 2010 study entitled Real 

Prospects for Energy Efficiency in the United States on the potential 

for energy efficiency in commercial and residential buildings, transportation, and manufacturing. The study found that energy efficiency could more than offset the Energy Information Administration’s projected increase in U.S. energy consumption through 2030. 

In 2005, in the Energy Policy Act (Public Law 109–58), Congress 

amended EPCA to define and direct the Department of Energy 

(DOE) to set energy conservation standards for External Power 

Supplies (EPS). DOE’s EPS standards require test procedures for 

products in ‘‘no-load’’ mode. No-load refers to when a device is disconnected from its power-consuming ‘‘load’’ and performing no function. For example, when a cell phone charger is plugged into the 

wall, but disconnected from an actual phone, the charger is considered to be in no-load mode. However, by definition, security and life 

safety products are always on. Fire monitors, carbon monoxide 

monitors, intrusion detection sensors, and access control readers require a constant, uninterrupted power supply. Power supplies designed to power security and life safety systems are always in ‘‘active mode,’’ and as such simply do not have a no-load mode function. 

As originally enacted, the Energy Independence and Security Act 

of 2007 did not make a distinction between EPS types, and a statutory exemption for fire and life safety systems is necessary. In 

2011, Congress enacted Public Law 111–360, to exclude an external 

power supply for certain security or life safety alarms and surveillance system components from the application of certain energy efficiency standards under EPCA. This law provided a five-year exemption for life safety and security systems that expires on July 1, 

2017. S. 190 extends the life safety and security system exemption 

for as long as the current EPS efficiency standard is in effect, and 

provides DOE with the regulatory authority to extend the exemption in any subsequent update to the standard. 

LEGISLATIVE HISTORY

S. 190 was introduced by Senators Gardner and Cantwell on 

January 23, 2017. 

Companion legislation, H.R. 511, was introduced in the House by 

Representatives Welch and Brooks on January 12, 2017. H.R. 511 

was passed in the House of Representatives by a voice vote under 

suspension of the rules on January 23, 2017. 

In the 114th Congress, similar legislation was included in the 

House amendment to S. 2012, the North American Energy Security 

and Infrastructure Act of 2016, which passed the House of Representatives on May 25, 2016, by a vote of 241–178. 

The Committee on Energy and Natural Resources met in open 

business session on March 30, 2017, and ordered S. 190 favorably 

reported. 

COMMITTEE RECOMMENDATION

The Senate Committee on Energy and Natural Resources, in 

open business session on March 30, 2017, by a majority voice vote 

of a quorum present, recommends that the Senate pass S. 190, as 

described herein. 

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SECTION-BY-SECTION ANALYSIS

Section 1. Short title 

Section 1 provides a short title. 

Section 2. Extension of nonapplication of no-load mode energy efficiency standard to certain security or life safety alarm or surveillance systems 

Section 2 (a) amends section 325 of EPCA (42 U.S.C. 6295) to 

provide a six-year extension of the date the Secretary must publish 

a final rule to determine whether EPS standards should be amended by eliminating the 2015 deadline and inserting the year 2021. 

This section further amends EPCA to provide a six-year extension 

of the manufactured on date by eliminating the July 1, 2017 deadline and inserting July 1, 2023. 

Subsection (b) amends section 325 EPCA to extend the security 

or life safety alarm or surveillance system exemption for as long as 

the current EPS efficiency standard is in effect, and to provide the 

Secretary of Energy with the regulatory authority to extend the security or life safety alarm or surveillance system exemption in any 

subsequent update to the EPS standard. 

COST AND BUDGETARY CONSIDERATIONS

The following estimate of the costs of this measure has been provided by the Congressional Budget Office: 

The Department of Energy (DOE) sets energy efficiency standards for external power supplies (EPS), which convert power drawn 

from a wall outlet into lower voltage power that can be used directly by certain electronic devices. Under current law, EPS designed to provide power to some types of alarms and surveillance 

systems for security or safety are exempt from such standards until 

July 1, 2017. S. 190 would permanently exclude such EPS from 

those standards and authorize the Secretary of Energy to treat 

some or all of those devices as a separate product class. 

CBO estimates that enacting S. 190 would have no significant effect on the federal budget. Based on information from DOE, we expect that any change in the agency’s costs to regulate or establish 

standards for technologies affected by the bill (which would be subject to appropriation) would be insignificant in any year. 

Enacting S. 190 would not affect direct spending or revenues; 

therefore, pay-as-you-go procedures do not apply. CBO estimates 

that enacting S. 190 would not increase net direct spending or onbudget deficits in any of the four consecutive 10-year periods beginning in 2028. 

S. 190 contains no intergovernmental or private-sector mandates 

as defined in the Unfunded Mandates Reform Act and would not 

affect the budgets of state, local, or tribal governments. 

The CBO staff contact for this estimate is Megan Carroll. The estimate was approved by H. Samuel Papenfuss, Deputy Assistant 

Director for Budget Analysis. 

REGULATORY IMPACT EVALUATION

In compliance with paragraph 11(b) of rule XXVI of the Standing 

Rules of the Senate, the Committee makes the following evaluation 

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of the regulatory impact which would be incurred in carrying out 

the bill. 

The bill is not a regulatory measure in the sense of imposing 

Government-established standards or significant economic responsibilities on private individuals and businesses. 

No personal information would be collected in administering the 

program. Therefore, there would be no impact on personal privacy. 

Little, if any, additional paperwork would result from the enactment of the bill, as ordered reported. 

CONGRESSIONALLY DIRECTED SPENDING

S. 190, as ordered reported, does not contain any congressionally 

directed spending items, limited tax benefits, or limited tariff benefits as defined in rule XLIV of the Standing Rules of the Senate. 

EXECUTIVE COMMUNICATIONS

Executive Communications on S. 190 were not requested by the 

Committee on Energy and Natural Resources for the 115th Congress. 

CHANGES IN EXISTING LAW

In compliance with paragraph 12 of rule XXVI of the Standing 

Rules of the Senate, changes in existing law made by the original 

bill, as reported, are shown as follows (existing law proposed to be 

omitted is enclosed in black brackets, new matter is printed in 

italic, existing law in which no change is proposed is shown in 

roman): 

ENERGY POLICY AND CONSERVATION ACT 

Public Law 94–163, as amended 

* * * * * * * 

TITLE III—IMPROVING ENERGY EFFICIENCY 

* * * * * * * 

PART B—ENERGY CONSERVATION PROGRAM FOR 

CONSUMER PRODUCTS OTHER THAN AUTOMOBILES 

* * * * * * * 

ENERGY CONSERVATION STANDARDS 

SEC. 325. (a) PURPOSES.—The purposes of this section are to— 

(1) provide Federal energy conservation standards applicable 

to covered products; and 

(2) authorize the Secretary to prescribe amended or new energy conservation standards for each type (or class) of covered 

product. 

* * * * * * * 

(u) BATTERY CHARGER AND EXTERNAL POWER SUPPLY ELECTRIC

ENERGY CONSUMPTION.—(1)(A) Not later than 18 months after the 

date of enactment of this subsection, the Secretary shall, after proVerDate Sep 11 2014 03:36 May 27, 2017 Jkt 069010 PO 00000 Frm 00004 Fmt 6659 Sfmt 6602 E:\HR\OC\SR076.XXX SR076
5 

viding notice and an opportunity for comment, prescribe, by rule, 

definitions and test procedures for the power use of battery charges 

and external power supplies. 

* * * * * * * 

(3) EFFICIENCY STANDARDS FOR CLASS A EXTERNAL POWER SUP- PLIES.— 

* * * * * * * 

(D) AMENDMENT OF STANDARDS.— (i) FINAL RULE BY JULY 1, 2011.— (I) IN GENERAL.—Not later than July 1, 2011, the 

Secretary shall publish a final rule to determine 

whether the standards established under subparagraph (A) should be amended. 

(II) ADMINISTRATION.—The final rule shall— 

(aa) contain any amended standards; and 

(bb) apply to products manufactured on or after 

July 1, 2013. 

(ii) FINAL RULE BY JULY 1, ø2015¿ 2021.— 

(I) IN GENERAL.—Not later than July 1, ø2015¿ 2021 

the Secretary shall publish a final rule to determine 

whether the standards then in effect should be amended. 

(II) ADMINISTRATION.—The final rule shall— 

(aa) contain any amended standards; and 

(bb) apply to products manufactured on or after 

July 1, ø2017¿ 2023. 

(E) NONAPPLICATION OF NO-LOAD MODE ENERGY EFFICIENCY

STANDARDS TO EXTERNAL POWER SUPPLIES FOR CERTAIN SECURITY OR LIFE SAFETY ALARMS OR SURVEILLANCE SYSTEMS.— 

(i) DEFINITION OF SECURITY OR LIFE SAFETY ALARM OR

SURVEILLANCE SYSTEM.—In this subparagraph: 

(I) IN GENERAL.—The term ‘‘security or life safety 

alarm or surveillance system’’ means equipment designed and marketed to perform any of the following 

functions (on a continuous basis): 

(aa) Monitor, detect, record, or provide notification of intrusion or access to real property or 

physical assets or notification of threats to life 

safety. 

(bb) Deter or control access to real property or 

physical assets, or prevent the unauthorized removal of physical assets. 

(cc) Monitor, detect, record, or provide notification of fire, gas, smoke, flooding, or other physical 

threats to real property, physical assets, or life 

safety. 

(II) EXCLUSION.—The term ‘‘security or life safety 

alarm or surveillance system’’ does not include any 

product with a principal function other than life safety, security, or surveillance that— 

(aa) is designed and marketed with a built-in 

alarm or theft-deterrent feature; or 

(bb) does not operate necessarily and continuously in active mode. 

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(ii) NONAPPLICATION OF NO-LOAD MODE REQUIREMENTS.— The No-Load Mode energy efficiency standards established 

by this paragraph shall not apply to an external power 

supply manufactured before øJuly 1, 2017¿ the effective 

date of the amendment under subparagraph (D)(ii), that— 

(I) is an AC-to-AC external power supply; 

(II) has a nameplate output of 20 watts or more; 

(III) is certified to the Secretary as being designed 

to be connected to a security or life safety alarm or 

surveillance system component; and 

(IV) on establishment within the External Power 

Supply International Efficiency Marking Protocol, as 

referenced in the ‘‘Energy Star Program Requirements 

for Single Voltage External Ac-Dc and Ac-Ac Power 

Supplies’’, published by the Environmental Protection 

Agency, of a distinguishing mark for products described in this clause, is permanently marked with the 

distinguishing mark. 

(iii) ADMINISTRATION.—In carrying out this subparagraph, the Secretary shall— 

(I) require, with appropriate safeguard for the protection of confidential business information, the submission of unit shipment data on an annual basis; and 

(II) restrict the eligibility of external power supplies 

for the exemption provided under this subparagraph 

on a finding that a substantial number of the external 

power supplies are being marketed to or installed in 

applications other than security or life safety alarm or 

surveillance systems. 

(iv) TREATMENT IN RULE.—In the rule under subparagraph (D)(ii) and subsequent amendments the Secretary 

may treat some or all external power supplies designed to 

be connected to a security or life safety alarm or surveillance system as a separate product class or may extend the 

nonapplication under clause (ii). 

* * * * * * * 

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