I 

116TH CONGRESS 

1ST SESSION H. R. 105 

To repeal Federal energy conservation standards, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

JANUARY 3, 2019 

Mr. BURGESS introduced the following bill; which was referred to the 

Committee on Energy and Commerce 

A BILL 

To repeal Federal energy conservation standards, and for 

other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Energy Efficiency Free 

5 Market Act of 2019’’. 

6 SEC. 2. REPEAL OF ENERGY CONSERVATION STANDARDS. 

7 (a) DEFINITIONS.—Section 321 of the Energy Policy 

8 and Conservation Act (42 U.S.C. 6291) is amended— 

9 (1) in paragraph (4), by striking ‘‘, determined 

10 in accordance with test procedures under section 

11 323’’; 


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1 (2) in paragraph (5), by striking ‘‘, determined 

2 in accordance with test procedures under section 

3 323’’; 

4 (3) by striking paragraph (6); 

5 (4) in paragraph (7), by striking ‘‘, determined 

6 in accordance with section 323’’; 

7 (5) by striking paragraphs (19), (20), (22), 

8 (26), and (28); 

9 (6) in paragraph (29), by striking subpara10 graphs (C), (D), (E), (G), (H), (I), (J), (K), (L), 

11 (M), (N), (O), and (P); 

12 (7) in paragraph (30), by striking subpara13 graphs (G), (O), (U), and (V); 

14 (8) in paragraph (31), by striking subpara15 graph (H); and 

16 (9) by striking paragraphs (32), (33), (34), 

17 (35), (36), (37), (38), (39), (40), (41), (42), (43), 

18 (44), (45), (47), (48), (50), (52), (53), (54), (55), 

19 (56), (57), (59), (60), (62), (65), and (66). 

20 (b) TEST PROCEDURES.—Section 323 of the Energy 

21 Policy and Conservation Act (42 U.S.C. 6293) is amend22 ed— 

23 (1) by striking subsections (a), (b), (d), (e), and 

24 (f); and 

25 (2) in subsection (c)— 


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1 (A) in paragraph (1), by striking ‘‘a test 

2 procedure is applicable under subsection (a)’’ 

3 and inserting ‘‘a test procedure was applicable 

4 under subsection (a) or (b), as in effect on the 

5 day before the date of enactment of the Energy 

6 Efficiency Free Market Act of 2019,’’; and 

7 (B) by striking paragraphs (2) and (3). 

8 (c) LABELING.—Section 324 of the Energy Policy 

9 and Conservation Act (42 U.S.C. 6294) is amended— 

10 (1) in subsection (a)— 

11 (A) in paragraph (2)— 

12 (i) in subparagraph (B), by striking 

13 ‘‘and to which standards are applicable 

14 under section 325’’; 

15 (ii) in subparagraph (C)(i), by strik16 ing ‘‘and to which standards are applicable 

17 under section 325’’; 

18 (iii) in subparagraph (D)— 

19 (I) by striking clause (ii); and 

20 (II) in clause (iii)(II)— 

21 (aa) in item (aa), by striking 

22 ‘‘; and’’ and inserting a period; 

23 and 

24 (bb) by striking item (bb); 


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1 (iv) by striking subparagraph (E); 

2 and 

3 (v) by striking subparagraph (F); 

4 (B) in paragraph (3)— 

5 (i) by striking the comma at the end 

6 of subparagraph (A) and inserting ‘‘; and’’; 

7 and 

8 (ii) by striking subparagraph (B); and 

9 (C) by striking paragraph (5); and 

10 (2) in subsection (c)— 

11 (A) in paragraph (1)(A), by striking ‘‘(de12 termined in accordance with test procedures 

13 prescribed under section 323)’’ each place it ap14 pears; 

15 (B) by striking paragraph (2)(C); and 

16 (C) in paragraph (8)(A), by striking ‘‘in 

17 accordance with test procedures prescribed 

18 under section 323’’ and inserting ‘‘in accord19 ance with generally accepted industry testing 

20 procedures’’. 

21 (d) ENERGY CONSERVATION STANDARDS.—Section 

22 325 of the Energy Policy and Conservation Act (42 U.S.C. 

23 6295) is repealed. 


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1 (e) REQUIREMENTS OF MANUFACTURERS.—Section 

2 326 of the Energy Policy and Conservation Act (42 U.S.C. 

3 6296) is amended— 

4 (1) in subsection (b)— 

5 (A) by striking paragraph (3)(A); 

6 (B) in paragraph (4), by striking ‘‘in ac7 cordance with the test procedures applicable to 

8 such product under section 323’’ and inserting 

9 ‘‘in accordance with generally accepted industry 

10 testing procedures’’; and 

11 (C) in paragraph (5), by striking ‘‘323, 

12 324, or 325’’ and inserting ‘‘324’’; and 

13 (2) in subsection (d)— 

14 (A) by striking ‘‘and the economic impact 

15 of any proposed energy conservation standard’’; 

16 and 

17 (B) by striking ‘‘test procedures, labeling 

18 rules, and energy conservation standards’’ and 

19 inserting ‘‘labeling rules’’. 

20 (f) EFFECT ON OTHER LAW.—Section 327 of the 

21 Energy Policy and Conservation Act (42 U.S.C. 6297) is 

22 amended by striking subsections (a) through (f) and in23 serting the following: 

24 ‘‘(a) PROHIBITION ON ENERGY CONSERVATION

25 STANDARDS.—No State or Federal agency may adopt or 


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1 continue in effect any requirement to comply with a stand2 ard for energy conservation or water efficiency with re3 spect to a product.’’. 

4 (g) PROHIBITED ACTS.—Section 332(a) of the En5 ergy Policy and Conservation Act (42 U.S.C. 6302(a)) is 

6 amended— 

7 (1) in paragraph (4), by striking the semicolon 

8 and inserting ‘‘; or’’; 

9 (2) by striking paragraphs (5), (6), and (7); 

10 and 

11 (3) in paragraph (8)(D), by striking ‘‘described 

12 in section 325(e)(6)(A)(ii)(V)’’. 

13 (h) ENFORCEMENT.—Section 333 of the Energy Pol14 icy and Conservation Act (42 U.S.C. 6303) is amended— 

15 (1) in subsection (a)— 

16 (A) by striking ‘‘or violations of paragraph 

17 (5), (6), (7), or (8)’’ and inserting ‘‘a violation 

18 of paragraph (8)’’; and 

19 (B) by striking ‘‘Each violation of para20 graph (1), (2), (5), (6), (7), or (8)’’ and insert21 ing ‘‘Each violation of paragraph (1), (2), or 

22 (8)’’; and 

23 (2) by striking subsection (c). 


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1 (i) INJUNCTIVE ENFORCEMENT.—Section 334 of the 

2 Energy Policy and Conservation Act (42 U.S.C. 6304) is 

3 amended— 

4 (1) in the first sentence, by striking ‘‘or 325’’; 

5 (2) in the second sentence, by striking ‘‘(5), 

6 (6), (7), or’’; and 

7 (3) by striking the third sentence. 

8 (j) CITIZEN SUITS.—Section 335(a) of the Energy 

9 Policy and Conservation Act (42 U.S.C. 6305(a)) is 

10 amended— 

11 (1) in paragraph (1), by striking the semicolon 

12 at the end and inserting ‘‘; or’’; 

13 (2) in paragraph (2), by striking ‘‘; or’’ and in14 serting a period; 

15 (3) by striking paragraph (3); and 

16 (4) in the matter following paragraph (3), by 

17 striking the second and third sentences. 

18 (k) ADMINISTRATIVE PROCEDURE AND JUDICIAL

19 REVIEW.—Section 336 of the Energy Policy and Con20 servation Act (42 U.S.C. 6306) is amended— 

21 (1) in subsection (a)— 

22 (A) in paragraph (1), by striking ‘‘323, 

23 324, 325, 327, or 328’’ and inserting ‘‘324 or 

24 328’’; and 

25 (B) by striking paragraph (2); 


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1 (2) in subsection (b), by striking ‘‘section 323, 

2 324, or 325’’ each place it appears and inserting 

3 ‘‘324’’; and 

4 (3) by striking subsection (c). 

5 (l) CONSUMER EDUCATION.—Section 337 of the En6 ergy Policy and Conservation Act (42 U.S.C. 6307) is 

7 amended by striking subsection (b). 

8 (m) CERTAIN INDUSTRIAL EQUIPMENT.—Part C of 

9 title III of the Energy Policy and Conservation Act (42 

10 U.S.C. 6311 et seq.) is repealed. 

Æ 


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