39–006 

113TH CONGRESS REPORT " ! HOUSE OF REPRESENTATIVES 2d Session 113–574 

EPS SERVICE PARTS ACT OF 2014 

SEPTEMBER 8, 2014.—Committed to the Committee of the Whole House on the State 

of the Union and ordered to be printed 

Mr. UPTON, from the Committee on Energy and Commerce, 

submitted the following 

R E P O R T 

[To accompany H.R. 5057] 

[Including cost estimate of the Congressional Budget Office] 

The Committee on Energy and Commerce, to whom was referred 

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, having considered the 

same, report favorably thereon without amendment and recommend that the bill do pass. 

CONTENTS 

Page 

Purpose and Summary ............................................................................................ 2 

Background and Need for Legislation .................................................................... 2 

Hearings ................................................................................................................... 3 

Committee Consideration ........................................................................................ 3 

Committee Votes ...................................................................................................... 3 

Committee Oversight Findings ............................................................................... 3 

Statement of General Performance Goals and Objectives .................................... 3 

New Budget Authority, Entitlement Authority, and Tax Expenditures ............. 3 

Earmark, Limited Tax Benefits, and Limited Tariff Benefits ............................. 3 

Committee Cost Estimate ....................................................................................... 3 

Congressional Budget Office Estimate ................................................................... 3 

Federal Mandates Statement ................................................................................. 4 

Duplication of Federal Programs ............................................................................ 4 

Disclosure of Directed Rule Makings ..................................................................... 5 

Advisory Committee Statement .............................................................................. 5 

Applicability to Legislative Branch ........................................................................ 5 

Section-by-Section Analysis of the Legislation ...................................................... 5 

Changes in Existing Law Made by the Bill, as Reported ..................................... 5 


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PURPOSE AND SUMMARY

H.R. 5057, the ‘‘EPS Service Parts Act of 2014,’’ was introduced 

by Reps. Gardner (R–CO) and Tonko (D–NY) on July 10, 2014. The 

legislation amends the Energy Policy and Conservation Act (EPCA) 

to permit exemptions for certain external power supply (EPS) service and spare parts from Department of Energy (DOE) efficiency 

standards. DOE is provided the authority to establish limited reporting requirements and modifications to prevent potential misuse 

of the exemption. 

BACKGROUND AND NEED FOR LEGISLATION

External power supplies are the AC power adapters that convert 

household electricity to much lower DC voltages needed to charge 

laptops, small desktops, tablets, networking products, and mobile 

phones. EPS are subject to Federal energy efficiency standards. 

However, spare and replacement parts for EPS were exempted 

from the original standards pursuant to the Energy Independence 

and Security Act of 2007 (EISA). Specifically, in EISA, Congress 

provided that from July 1, 2008 through June 30, 2015, the DOE 

efficiency standards would not apply to EPS made available as 

service or spare replacement parts for end-use products manufactured before July 1, 2008. But Congress did not provide authority 

for DOE to create similar exemptions for spare parts when DOE 

updated the standards for external power supplies. 

DOE subsequently updated the EPS standards, issuing a Final 

Rule on February 10, 2014. During the comment period, a number 

of commenters urged DOE to extend the exemption provided in 

EISA for the 2008 through 2015 period. DOE responded to these 

comments by stating that current statute: 

[D]oes not grant DOE with the authority to expand or 

extend the length of this exemption and Congress did not 

grant DOE with the general authority to exempt any already covered product from the requirements set by Congress. Accordingly, DOE cannot grant the relief sought by 

these commenters. 

H.R. 5057 provides a four-year exemption for such parts manufactured after the effective date of the new standards adopted by 

DOE on February 10, 2014, and also provides the Secretary discretionary authority to issue similar exemptions for service and spare 

parts in future amendments of the EPS standards. The legislation 

will allow continued production of replacement chargers and other 

EPS equipment for use with equipment manufactured before the 

effective date of the new EPS efficiency standards. 

Supporters of the Legislation 

Supporters of H.R. 5057 include: 

• Alliance to Save Energy, 

• American Council for an Energy-Efficient Economy, Association of Home Appliance Manufacturers, 

• Consumers Electronic Association, 

• Information Technology Industry Council, 

• National Electrical Manufacturers Association, and 

• Natural Resources Defense Council. 


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HEARINGS

The Committee on Energy and Commerce has not held hearings 

on the legislation. 

COMMITTEE CONSIDERATION

On July 14 and 15, 2014, the Committee on Energy and Commerce met in open markup session. The Committee ordered H.R. 

5057 favorably reported to the House of Representatives, without 

amendment, by a voice vote. 

COMMITTEE VOTES

Clause 3(b) of rule XIII of the Rules of the House of Representatives requires the Committee to list the record votes on the motion 

to report legislation and amendments thereto. There were no 

record votes taken in connection with ordering H.R. 5057 reported. 

A motion by Mr. Upton to order H.R. 5057 reported to the House, 

without amendment, was agreed to by a voice vote. 

COMMITTEE OVERSIGHT FINDINGS

Pursuant to clause 3(c)(1) of rule XIII of the Rules of the House 

of Representatives, the Committee made findings that are reflected 

in this report. 

STATEMENT OF GENERAL PERFORMANCE GOALS AND OBJECTIVES

H.R. 5057 amends EPCA to permit exemptions for certain EPS 

service and spare parts from DOE efficiency standards. DOE maintains the authority to include limited reporting requirements and 

modifications to prevent potential misuse of the exemption. 

NEW BUDGET AUTHORITY, ENTITLEMENT AUTHORITY, AND TAX

EXPENDITURES

In compliance with clause 3(c)(2) of rule XIII of the Rules of the 

House of Representatives, the Committee finds that H.R. 5057 

would result in no new or increased budget authority, entitlement 

authority, or tax expenditures or revenues. 

EARMARK, LIMITED TAX BENEFITS, AND LIMITED TARIFF BENEFITS

In compliance with clause 9(e), 9(f), and 9(g) of rule XXI of the 

Rules of the House of Representatives, the Committee finds that 

H.R. 5057 contains no earmarks, limited tax benefits, or limited 

tariff benefits. 

COMMITTEE COST ESTIMATE

The Committee adopts as its own the cost estimate prepared by 

the Director of the Congressional Budget Office pursuant to section 

402 of the Congressional Budget Act of 1974. 

CONGRESSIONAL BUDGET OFFICE ESTIMATE

Pursuant to clause 3(c)(3) of rule XIII of the Rules of the House 

of Representatives, the following is the cost estimate provided by 


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the Congressional Budget Office pursuant to section 402 of the 

Congressional Budget Act of 1974: 

U.S. CONGRESS, 

CONGRESSIONAL BUDGET OFFICE, 

Washington, DC, July 23, 2014. 

Hon. FRED UPTON, 

Chairman, Committee on Energy and Commerce, 

House of Representatives, Washington, DC. 

DEAR MR. CHAIRMAN: The Congressional Budget Office has prepared the enclosed cost estimate for H.R. 5057, the EPS Service 

Parts Act of 2014. 

If you wish further details on this estimate, we will be pleased 

to provide them. The CBO staff contact is Megan Carroll. 

Sincerely, 

DOUGLAS W. ELMENDORF. 

Enclosure. 

H.R. 5057—EPS Service Parts Act of 2014 

The Department of Energy (DOE) prescribes energy conservation 

standards for more than 50 categories of appliances and equipment. H.R. 5057 would exempt certain external power supplies 

from complying with standards set forth in a final rule published 

in February 2014. (An external power supply is a hardware component that converts household electric current into lower-voltage 

current used to operate devices such as laptops and smartphones.) 

The bill would authorize DOE to limit the applicability of that exemption if the Secretary finds that the exemption would result in 

a significant reduction in energy savings that would otherwise result if the February 2014 rule were fully implemented. 

CBO estimates that enacting H.R. 5057 would not significantly 

affect the federal budget. Based on information from DOE, we estimate that any costs incurred by the agency to carry out the bill’s 

provisions would total less than $500,000 annually and would be 

subject to the availability of appropriated funds. H.R. 5057 would 

not affect direct spending or revenues; therefore, pay-as-you-go procedures do not apply. 

H.R. 5057 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 Theresa Gullo, Deputy Assistant Director 

for Budget Analysis. 

FEDERAL MANDATES STATEMENT

The Committee adopts as its own the estimate of Federal mandates prepared by the Director of the Congressional Budget Office 

pursuant to section 423 of the Unfunded Mandates Reform Act. 

DUPLICATION OF FEDERAL PROGRAMS

No provision of H.R. 5057 establishes or reauthorizes a program 

of the Federal Government known to be duplicative of another Federal program, a program that was included in any report from the 

Government Accountability Office to Congress pursuant to section 


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21 of Public Law 111–139, or a program related to a program identified in the most recent Catalog of Federal Domestic Assistance. 

DISCLOSURE OF DIRECTED RULE MAKINGS

The Committee estimates that enacting H.R. 5057 specifically directs no rule makings within the meaning of 5 U.S.C. 551 to be 

completed. 

ADVISORY COMMITTEE STATEMENT

No advisory committees within the meaning of section 5(b) of the 

Federal Advisory Committee Act were created by this legislation. 

APPLICABILITY TO LEGISLATIVE BRANCH

The Committee finds that the legislation does not relate to the 

terms and conditions of employment or access to public services or 

accommodations within the meaning of section 102(b)(3) of the Congressional Accountability Act. 

SECTION-BY-SECTION ANALYSIS OF THE LEGISLATION

Section 1. Short title 

Section 1 provides the short title for the legislation, the ‘‘EPS 

Service Parts Act of 2014.’’ 

Section 2. Exempt supplies 

Section 2 adds a new paragraph (5) to section 325(u) of ECPA 

that establishes a four-year exemption from the 2014 DOE efficiency standards for EPS service and spare parts, which would still 

be required to meet the 2007 standards. 

The provision permits DOE to establish limited reporting requirements that will allow DOE to detect potential misuse of the 

exemption. DOE is provided authority to limit the exemption, after 

notice and comment, if the Secretary determines the exemption is 

resulting in a significant reduction of the energy savings that otherwise would have been achieved from the standard. 

New section 325(u)(5)(B) provides DOE with authority to establish a similar service and spare parts exemption as part of any future amended EPS efficiency standard, along with authority for a 

limited reporting requirement. 

CHANGES IN EXISTING LAW MADE BY THE BILL, AS REPORTED

In compliance with clause 3(e) of rule XIII of the Rules of the 

House of Representatives, changes in existing law made by the bill, 

as reported, are shown as follows (new matter is printed in italic 

and existing law in which no change is proposed is shown in 

roman): 

ENERGY POLICY AND CONSERVATION ACT 

* * * * * * * 

TITLE III—IMPROVING ENERGY EFFICIENCY 

* * * * * * * 


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PART B—ENERGY CONSERVATION PROGRAM FOR CONSUMER

PRODUCTS OTHER THAN AUTOMOBILES

* * * * * * * 

ENERGY CONSERVATION STANDARDS

SEC. 325. (a) * * * 

* * * * * * * 

(u) BATTERY CHARGER AND EXTERNAL POWER SUPPLY ELECTRIC

ENERGY CONSUMPTION.—(1) * * * 

* * * * * * * 

(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 are not International Efficiency Level VI or 

higher. 

(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— 


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(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. 

* * * * * * * 

Æ 


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