In the Senate of the United States, 
September 22 (legislative day, September 21), 2012. 
Resolved, That the bill from the House of Representa-
tives (H.R. 4850) entitled ‘‘An Act to allow for innovations 
and alternative technologies that meet or exceed desired en-
ergy efficiency goals.’’, do pass with the following 
AMENDMENT: 
At the end of the bill, add the following: 
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
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‘‘(II) a storage water heater, in-
stantaneous water heater, and unfired 
water storage tank (as defined in sec-
tion 340). 
‘‘(ii) FINAL
RULE.—The term ‘final 
rule’ means the final rule published under 
this paragraph. 
‘‘(B) PUBLICATION
OF
FINAL
RULE.—Not 
later than 180 days 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 sub-
section; and 
‘‘(ii) the thermal efficiency and stand-
by loss descriptors for storage water heaters, 
instantaneous water heaters, and unfired 
water storage tanks established under sec-
tion 342(a)(5). 
‘‘(D) EFFECT OF FINAL RULE.—
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‘‘(i) IN
GENERAL.—Notwithstanding 
any other provision of this title, effective be-
ginning on the effective date of the final 
rule, the efficiency standard for covered 
water heaters shall be denominated accord-
ing to the efficiency descriptor established 
by the final rule. 
‘‘(ii) EFFECTIVE DATE.—The final rule 
shall take effect 1 year after the date of pub-
lication of the final rule under subpara-
graph (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 pro-
cedures 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.
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‘‘(iii) EFFECT
ON
EFFICIENCY
RE-
QUIREMENTS.—The conversion factor shall 
not affect the minimum efficiency require-
ments for covered water heaters otherwise 
established under this title. 
‘‘(iv) USE.—During the period de-
scribed 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 de-
scribed in clause (v)(II) to comply with the 
new efficiency descriptor. 
‘‘(v) PERIOD.—Subclause (E) shall 
apply during the period— 
‘‘(I) beginning on the date of pub-
lication of the conversion factor in the 
Federal Register; and 
‘‘(II) ending on April 16, 2015. 
‘‘(F) EXCLUSIONS.—The final rule may ex-
clude 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—
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‘‘(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 enact-
ment 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 fac-
tor descriptor in use as of the date of enact-
ment of this paragraph; 
‘‘(ii) the thermal efficiency and stand-
by 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 estab-
lished under the final rule shall apply, to the 
maximum extent practicable, to all water heat-
ing technologies in use as of the date of enact-
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ment of this paragraph and to future water heat-
ing 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 nec-
essary, to conduct testing and simulation of al-
ternative descriptors identified for consideration. 
‘‘(K) EXISTING
COVERED
WATER
HEAT-
ERS.—A covered water heater shall be considered 
to comply with the final rule on and after the ef-
fective date of the final rule and with any re-
vised 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 ef-
fective date of the final rule; and 
‘‘(ii) complied with the efficiency 
standards and labeling requirements in ef-
fect prior to the final rule.’’.
† HR 4850 EAS 
SEC. 4. SERVICE OVER THE COUNTER, SELF-CONTAINED, 
MEDIUM TEMPERATURE COMMERCIAL RE-
FRIGERATORS. 
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 re-
frigerator’ 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 trans-
parent 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 per-
sonnel and customers.
† HR 4850 EAS 
‘‘(D) The term ‘TDA’ means the total dis-
play area (ft2) 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 fol-
lowing: 
‘‘(4) Each SOC–SC–M manufactured on or after 
January 1, 2012, shall have a total daily energy con-
sumption (in kilowatt hours per day) of not more 
than 0.6 x TDA + 1.0.’’. 
SEC. 5. SMALL DUCT HIGH VELOCITY SYSTEMS AND ADMIN-
ISTRATIVE CHANGES. 
(a) THROUGH-THE-WALL
CENTRAL
AIR
CONDI-
TIONERS, THROUGH-THE-WALL
CENTRAL
AIR
CONDI-
TIONING HEAT PUMPS, AND SMALL DUCT, HIGH VELOCITY 
SYSTEMS.—Section 325(d) of the Energy Policy and Con-
servation Act (42 U.S.C. 6295(d)) is amended by adding 
at the end the following: 
‘‘(4) STANDARDS FOR THROUGH-THE-WALL CEN-
TRAL AIR CONDITIONERS, THROUGH-THE-WALL CEN-
TRAL AIR CONDITIONING HEAT PUMPS, AND SMALL 
DUCT, HIGH VELOCITY SYSTEMS.— 
‘‘(A) DEFINITIONS.—In this paragraph:
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‘‘(i) SMALL DUCT, HIGH VELOCITY SYS-
TEM.—The term ‘small duct, high velocity 
system’ means a heating and cooling prod-
uct 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 gen-
erally 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 con-
ditioner’ 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 par-
tially within a fixed-size opening in an ex-
terior wall, and—
† HR 4850 EAS 
‘‘(I) is not weatherized; 
‘‘(II) is clearly and permanently 
marked for installation only through 
an exterior wall; 
‘‘(III) has a rated cooling capac-
ity no greater than 30,000 Btu/hr; 
‘‘(IV) exchanges all of its outdoor 
air across a single surface of the equip-
ment 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 sub-
paragraph through publication of a final 
rule. 
‘‘(B) SMALL-DUCT
HIGH-VELOCITY
SYS-
TEMS.— 
‘‘(i) SEASONAL
ENERGY
EFFICIENCY 
RATIO.—The 
seasonal 
energy 
efficiency 
ratio for small-duct high-velocity systems 
shall be not less than—
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‘‘(I) 11.00 for products manufac-
tured on or after January 23, 2006; 
and 
‘‘(II) 12.00 for products manufac-
tured on or after January 1, 2015. 
‘‘(ii) HEATING
SEASONAL
PERFORM-
ANCE FACTOR.—The heating seasonal per-
formance factor for small-duct high-velocity 
systems shall be not less than— 
‘‘(I) 6.8 for products manufac-
tured on or after January 23, 2006; 
and 
‘‘(II) 7.2 for products manufac-
tured 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—
† HR 4850 EAS 
(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 es-
tablishing 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.’’.
† HR 4850 EAS 
(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 para-
graph (5); and 
(2) by inserting after paragraph (2) the fol-
lowing: 
‘‘(3) NOTICE OF DECISION.—Not later than 180 
days after the date of receiving a petition, the Sec-
retary 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 pub-
lish 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. TECHNICAL CORRECTIONS. 
(a) TITLE III OF ENERGY INDEPENDENCE AND SECU-
RITY ACT
OF 2007—ENERGY SAVINGS THROUGH IM-
PROVED STANDARDS FOR APPLIANCES AND LIGHTING.—
† HR 4850 EAS 
(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 Secu-
rity 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 amend-
ed 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 in-
serting ‘‘subparagraph (A)(i)’’; and 
(iv) by adding at the end the following:
† HR 4850 EAS 
‘‘(ii) 
FACTORS.—In 
deter-
mining whether a standard is eco-
nomically justified for the pur-
poses 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 prac-
ticable, 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 impo-
sition of the standard;
† HR 4850 EAS 
‘‘(III) the total projected quantity 
of energy savings likely to result di-
rectly from the imposition of the stand-
ard; 
‘‘(IV) any lessening of the utility 
or the performance of the products like-
ly to result from the imposition of the 
standard; 
‘‘(V) the impact of any lessening 
of competition, as determined in writ-
ing 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
EFFI-
CIENCY.—The Secretary may not pre-
scribe any amended standard under 
this paragraph that increases the max-
imum allowable energy use, or de-
creases the minimum required energy 
efficiency, of a covered product.
† HR 4850 EAS 
‘‘(II) UNAVAILABILITY.— 
‘‘(aa) 
IN
GENERAL.—The 
Secretary may not prescribe an 
amended standard under this sub-
paragraph if the Secretary finds 
(and publishes the finding) that 
interested persons have established 
by a preponderance of the evi-
dence that a standard is likely to 
result in the unavailability in the 
United States in any product 
type (or class) of performance 
characteristics 
(including 
reli-
ability, features, sizes, capacities, 
and volumes) that are substan-
tially the same as those generally 
available in the United States at 
the time of the finding of the Sec-
retary. 
‘‘(bb) 
OTHER
TYPES
OR 
CLASSES.—The failure of some 
types (or classes) to meet the cri-
terion established under this sub-
clause shall not affect the deter-
mination of the Secretary on
† HR 4850 EAS 
whether to prescribe a standard 
for the other types or classes.’’; 
and 
(B) in subparagraph (C)(iv), by striking 
‘‘An amendment prescribed under this sub-
section’’ and inserting ‘‘Notwithstanding sub-
paragraph (D), an amendment prescribed under 
this subparagraph’’. 
(4) Section 342(a)(6)(B)(iii) of the Energy Pol-
icy 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 Pol-
icy 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 Con-
servation Act (42 U.S.C. 6316) (as amended by sec-
tion 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 ‘‘sub-
paragraphs (B), (C), (D), (I), (J), and (K)’’; 
(B) by striking ‘‘part A’’ each place it ap-
pears and inserting ‘‘part B’’; and
† HR 4850 EAS 
(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 fol-
lowing: 
‘‘(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 en-
ergy 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 Sec-
retary for the equipment takes effect.’’; 
(D) in subsection (b)(1), by striking ‘‘sec-
tion 
325(p)(5)’’ 
and 
inserting 
‘‘section 
325(p)(4)’’; and 
(E) in subsection (h)(3), by striking ‘‘sec-
tion 342(f)(3)’’ and inserting ‘‘section 342(f)(4)’’. 
(6) Section 321(30)(D)(i)(III) of the Energy Pol-
icy 
and 
Conservation 
Act 
(42 
U.S.C. 
6291(30)(D)(i)(III)) 
(as 
amended 
by 
section
† HR 4850 EAS 
321(a)(1)(A) of the Energy Independence and Secu-
rity Act of 2007 (121 Stat. 1574)) is amended by in-
serting 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 amend-
ed by section 321(a)(1)(B) of the Energy Independ-
ence and Security Act of 2007 (121 Stat. 1574)) is 
amended— 
(A) in clause (i)— 
(i) by striking the comma after ‘‘house-
hold 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 Inde-
pendence 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 Inde-
† HR 4850 EAS 
pendence 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 Inde-
pendence 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 amend-
ed 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 amend-
ed 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 En-
ergy Independence and Security Act of 2007 (Public 
Law 110–140; 121 Stat. 1492). 
(b) ENERGY POLICY ACT OF 2005.—
† HR 4850 EAS 
(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 Pol-
icy Act of 2005) is amended by striking ‘‘20F’’ and 
inserting ‘‘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 amend-
ed— 
(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 Insti-
tute’’ each place it appears in paragraphs (4)(A) and 
(7) and inserting ‘‘Air-Conditioning, Heating, and 
Refrigeration Institute’’.
† HR 4850 EAS 
TITLE II—INDUSTRIAL ENERGY 
EFFICIENCY 
SEC. 201. COORDINATION OF RESEARCH AND DEVELOP-
MENT OF ENERGY EFFICIENT TECHNOLOGIES 
FOR INDUSTRY. 
(a) IN GENERAL.—As part of the research and develop-
ment activities of the Industrial Technologies Program of 
the Department of Energy, the Secretary of Energy (re-
ferred to in this title as the ‘‘Secretary’’) shall establish, 
as appropriate, collaborative research and development 
partnerships with other programs within the Office of En-
ergy 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 exper-
tise of those programs to promote early stage energy 
efficiency technology development; 
(2) support the use of innovative manufacturing 
processes and applied research for development, dem-
onstration, and commercialization of new technologies 
and processes to improve efficiency (including im-
provements in efficient use of water), reduce emis-
sions, reduce industrial waste, and improve indus-
trial cost-competitiveness; and
† HR 4850 EAS 
(3) apply the knowledge and expertise of the In-
dustrial 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 Sec-
retary shall submit to Congress a report that describes ac-
tions taken to carry out subsection (a) and the results of 
those actions. 
SEC. 202. REDUCING BARRIERS TO THE DEPLOYMENT OF 
INDUSTRIAL ENERGY EFFICIENCY. 
(a) DEFINITIONS.—In this section: 
(1) INDUSTRIAL ENERGY EFFICIENCY.—The term 
‘‘industrial energy efficiency’’ means the energy effi-
ciency 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, di-
rect or indirect combined heat and power, and waste 
heat recovery. 
(2) INDUSTRIAL SECTOR.—The term ‘‘industrial 
sector’’ means any subsector of the manufacturing sec-
tor (as defined in North American Industry Classi-
fication 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 elec-
† HR 4850 EAS 
tricity requirements met in whole, or in part, by on-
site electricity generation, including direct and indi-
rect combined heat and power or waste recovery. 
(b) REPORT ON THE DEPLOYMENT OF INDUSTRIAL 
ENERGY EFFICIENCY.— 
(1) IN GENERAL.—Not later than 1 year 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 devel-
oped under paragraph (3). 
(2) STUDY.—The Secretary, in coordination 
with the industrial sector, 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 reg-
ulated electricity markets), including, as appli-
cable, the following:
† HR 4850 EAS 
(i) 
Transmission 
and 
distribution 
interconnection requirements. 
(ii) Standby, back-up, and mainte-
nance 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. 
(B) Examples of — 
(i) successful State and Federal poli-
cies that resulted in greater use of indus-
trial energy efficiency; 
(ii) successful private initiatives that 
resulted in greater use of industrial energy 
efficiency; and 
(iii) cost-effective policies used by for-
eign countries to foster industrial energy ef-
ficiency.
† HR 4850 EAS 
(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 peri-
ods, including benefits relating to— 
(i) estimated energy and emission re-
ductions; 
(ii) direct and indirect jobs saved or 
created; 
(iii) direct and indirect capital invest-
ment; 
(iv) the gross domestic product; and 
(v) trade balance impacts. 
(D) The estimated energy savings available 
from increased use of recycled material in en-
ergy-intensive manufacturing processes. 
(3) RECOMMENDATIONS
AND
GUIDANCE.—The 
Secretary, in coordination with the industrial sector, 
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.
† HR 4850 EAS 
SEC. 203. STUDY OF ADVANCED ENERGY TECHNOLOGY 
MANUFACTURING 
CAPABILITIES 
IN 
THE 
UNITED STATES. 
(a) IN GENERAL.—Not later than 60 days after the 
date of enactment of this Act, the Secretary shall enter into 
an arrangement with the National Academy of Sciences 
under which the Academy shall conduct a study of the devel-
opment of advanced manufacturing capabilities for various 
energy technologies, including— 
(1) an assessment of the manufacturing supply 
chains of established and emerging industries; 
(2) an analysis of— 
(A) the manner in which supply chains 
have changed over the 25-year period ending on 
the date of enactment of this Act; 
(B) current trends in supply chains; and 
(C) the energy intensity of each part of the 
supply chain and opportunities for improve-
ment; 
(3) for each technology or manufacturing sector, 
an analysis of which sections of the supply chain are 
critical for the United States to retain or develop to 
be competitive in the manufacturing of the technology; 
(4) an assessment of which emerging energy tech-
nologies the United States should focus on to create or 
enhance manufacturing capabilities; and
† HR 4850 EAS 
(5) recommendations on leveraging the expertise 
of energy efficiency and renewable energy user facili-
ties so that best materials and manufacturing prac-
tices are designed and implemented. 
(b) REPORT.—Not later than 2 years after the date 
on which the Secretary enters into the agreement with the 
Academy described in subsection (a), the Academy shall 
submit to the Committee on Energy and Natural Resources 
of the Senate, the Committee on Energy and Commerce of 
the House of Representatives, and the Secretary a report 
describing the results of the study required under this sec-
tion, including any findings and recommendations. 
SEC. 204. INDUSTRIAL TECHNOLOGIES STEERING COM-
MITTEE. 
The Secretary shall establish an advisory steering com-
mittee that includes national trade associations rep-
resenting energy-intensive industries or energy service pro-
viders to provide recommendations to the Secretary on 
planning and implementation of the Industrial Tech-
nologies Program of the Department of Energy. 
TITLE III—FEDERAL AGENCY 
ENERGY EFFICIENCY 
SEC. 301. AVAILABILITY OF FUNDS FOR DESIGN UPDATES. 
Section 3307 of title 40, United States Code, is amend-
ed—
† HR 4850 EAS 
(1) by redesignating subsections (d) through (h) 
as subsections (e) through (i), respectively; and 
(2) by inserting after subsection (c) the fol-
lowing: 
‘‘(d) AVAILABILITY
OF FUNDS
FOR DESIGN UP-
DATES.— 
‘‘(1) IN GENERAL.—Subject to paragraph (2), for 
any project for which congressional approval is re-
ceived under subsection (a) and for which the design 
has been substantially completed but construction has 
not begun, the Administrator of General Services may 
use appropriated funds to update the project design 
to meet applicable Federal building energy efficiency 
standards established under section 305 of the Energy 
Conservation and Production Act (42 U.S.C. 6834) 
and other requirements established under section 
3312. 
‘‘(2) LIMITATION.—The use of funds under para-
graph (1) shall not exceed 125 percent of the esti-
mated energy or other cost savings associated with the 
updates as determined by a life-cycle cost analysis 
under section 544 of the National Energy Conserva-
tion Policy Act (42 U.S.C. 8254).’’.
† HR 4850 EAS 
SEC. 302. 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 para-
graph (3) and inserting the following: 
‘‘(3) PLAN.— 
‘‘(A) IN
GENERAL.—Not later than 180 
days after the date on which guidelines are es-
tablished under paragraph (2), in a report sub-
mitted by the agency under section 548(a), each 
agency shall submit to the Secretary a plan de-
scribing the manner in which the agency will 
implement the requirements of paragraph (1), 
including— 
‘‘(i) how the agency will designate per-
sonnel primarily responsible for achieving 
the requirements; and 
‘‘(ii) a demonstration by the agency, 
complete with documentation, of any find-
ing that advanced meters or advanced me-
tering devices (as those terms are used in 
paragraph (1)), are not practicable. 
‘‘(B) UPDATES.—Reports submitted under 
subparagraph (A) shall be updated annually. 
‘‘(4) BEST PRACTICES REPORT.— 
‘‘(A) IN
GENERAL.—Not later than 180 
days after the date of enactment of this para-