132 
a minimum, ensure that the voluntary 
verification program— 
‘‘(I) is nationally recognized; 
‘‘(II) satisfies any applicable ele-
ments of— 
‘‘(aa) International Organi-
zation for Standardization stand-
ard numbered 17025; and 
‘‘(bb) any other relevant 
International Organization for 
Standardization standards identi-
fied and agreed to through the 
negotiated 
rulemaking 
under 
clause (i); 
‘‘(III) at least annually tests 
products following the test procedures 
established under this title to verify 
the certified rating of a representative 
sample of products and equipment 
within the scope of the program; 
‘‘(IV) maintains a publicly avail-
able list of all certified products and 
equipment and their certified ratings; 
‘‘(V) requires the changing of the 
performance rating or removal of the 
VerDate Sep 11 2014 
03:55 May 12, 2015
Jkt 049200
PO 00000
Frm 00132
Fmt 6652
Sfmt 6201
E:\BILLS\H2177.IH
H2177
rfrederick on DSK6VPTVN1PROD with BILLS
133 
product or equipment from the pro-
gram if testing determines that the 
performance rating does not meet the 
levels the manufacturer has certified 
to the Secretary; 
‘‘(VI) requires the qualification 
of new participants in the program 
through testing and production of test 
reports; 
‘‘(VII) allows for challenge test-
ing of products and equipment within 
the scope of the program; 
‘‘(VIII) requires program partici-
pants to certify the performance rat-
ing of all covered products and equip-
ment within the scope of the program 
for the covered product or equipment; 
‘‘(IX) provides to the Secretary— 
‘‘(aa) an annual report of all 
test results, the contents of which 
shall be determined through the 
negotiated 
rulemaking 
process 
under clause (i); 
VerDate Sep 11 2014 
03:55 May 12, 2015
Jkt 049200
PO 00000
Frm 00133
Fmt 6652
Sfmt 6201
E:\BILLS\H2177.IH
H2177
rfrederick on DSK6VPTVN1PROD with BILLS
134 
‘‘(bb) 
prompt 
notification 
when program testing results 
in— 
‘‘(AA) the rerating of 
the performance rating of a 
product or equipment; or 
‘‘(BB) the delisting of a 
product or equipment; and 
‘‘(cc) test reports, on the re-
quest of the Secretary or the Ad-
ministrator of the Environmental 
Protection Agency, that note any 
instructions specified by the man-
ufacturer or the representative of 
the manufacturer for the purpose 
of conducting the verification 
testing, to be exempted from dis-
closure under section 552(b)(4) 
of title 5, United States Code 
(commonly known as the ‘Free-
dom of Information Act’); and 
‘‘(X) satisfies any additional re-
quirements or standards that the Sec-
retary and Administrator of the Envi-
ronmental Protection Agency shall es-
VerDate Sep 11 2014 
03:55 May 12, 2015
Jkt 049200
PO 00000
Frm 00134
Fmt 6652
Sfmt 6201
E:\BILLS\H2177.IH
H2177
rfrederick on DSK6VPTVN1PROD with BILLS
135 
tablish consistent with this subpara-
graph. 
‘‘(iii) REVISION OF CRITERIA.— 
‘‘(I) IN
GENERAL.—The Sec-
retary and the Administrator of the 
Environmental Protection Agency may 
revise the criteria established under 
clause (ii) by initiating— 
‘‘(aa) a notice of proposed 
rulemaking in accordance with 
section 553(b) of title 5, United 
States Code, on publication of a 
determination in the Federal 
Register that revisions to the cri-
teria are necessary; or 
‘‘(bb) a direct final rule in 
accordance 
with 
section 
553(b)(3)(B) of title 5, United 
States Code, on publication of a 
determination in the Federal 
Register that revisions to the cri-
teria are necessary and that sub-
stantive opposition to the pro-
posed revisions is not expected. 
VerDate Sep 11 2014 
03:55 May 12, 2015
Jkt 049200
PO 00000
Frm 00135
Fmt 6652
Sfmt 6201
E:\BILLS\H2177.IH
H2177
rfrederick on DSK6VPTVN1PROD with BILLS
136 
‘‘(II) EFFECT OF DIRECT FINAL 
RULE.— 
‘‘(aa) FULL FORCE AND EF-
FECT.—If the Secretary does not 
receive 
adversarial 
comments 
during the 30-day period fol-
lowing publication of the deter-
mination in the Federal Register 
under subclause (I)(bb), the di-
rect final rule shall have full 
force and effect. 
‘‘(bb) WITHDRAWAL.—If the 
Secretary 
receives 
adversarial 
comments during the 30-day pe-
riod following publication of the 
determination in the Federal 
Register under subclause (I)(bb), 
the Secretary shall withdraw the 
direct final rule and publish a no-
tice of proposed rulemaking in 
accordance 
with 
subclause 
(I)(aa). 
‘‘(C) ADMINISTRATION.— 
VerDate Sep 11 2014 
03:55 May 12, 2015
Jkt 049200
PO 00000
Frm 00136
Fmt 6652
Sfmt 6201
E:\BILLS\H2177.IH
H2177
rfrederick on DSK6VPTVN1PROD with BILLS
137 
‘‘(i) IN GENERAL.—The Secretary and 
the Administrator of the Environmental 
Protection Agency shall not require— 
‘‘(I) manufacturers to participate 
in a voluntary verification program 
described in subparagraph (A); or 
‘‘(II) participating manufacturers 
to provide information that can be ob-
tained 
through 
a 
voluntary 
verification program described in sub-
paragraph (A). 
‘‘(ii) LIST OF COVERED PRODUCTS.— 
The Secretary or the Administrator of the 
Environmental Protection Agency may 
maintain a publicly available list of covered 
products and equipment certified under 
this section that distinguishes between— 
‘‘(I) covered products and equip-
ment 
certified 
by 
a 
voluntary 
verification program described in sub-
paragraph (A); and 
‘‘(II) products not certified by a 
voluntary verification program de-
scribed in subparagraph (A). 
VerDate Sep 11 2014 
03:55 May 12, 2015
Jkt 049200
PO 00000
Frm 00137
Fmt 6652
Sfmt 6201
E:\BILLS\H2177.IH
H2177
rfrederick on DSK6VPTVN1PROD with BILLS
138 
‘‘(iii) PERIODIC VERIFICATION TEST-
ING.—The Secretary— 
‘‘(I) shall not subject products or 
equipment that are certified under a 
voluntary verification program de-
scribed in subparagraph (A) to peri-
odic verification testing that verifies 
the accuracy of the certified perform-
ance rating of the products or equip-
ment; but 
‘‘(II) may test products or equip-
ment described in subclause (I) if the 
testing is necessary— 
‘‘(aa) to assess the overall 
performance 
of 
a 
voluntary 
verification program; 
‘‘(bb) to address specific 
performance issues; 
‘‘(cc) to determine other per-
formance characteristics for use 
in updating test procedures and 
standards; or 
‘‘(dd) for other purposes 
consistent with this title. 
VerDate Sep 11 2014 
03:55 May 12, 2015
Jkt 049200
PO 00000
Frm 00138
Fmt 6652
Sfmt 6201
E:\BILLS\H2177.IH
H2177
rfrederick on DSK6VPTVN1PROD with BILLS
139 
‘‘(D) EFFECT
ON
OTHER
AUTHORITY.— 
Nothing in this paragraph limits the authority 
of the Secretary or the Administrator of the 
Environmental Protection Agency to enforce 
compliance with any law.’’. 
TITLE V—MISCELLANEOUS 
SEC. 501. BUDGETARY EFFECTS. 
The budgetary effects of this Act, for the purpose of 
complying with the Statutory Pay-As-You-Go Act of 2010, 
shall be determined by reference to the latest statement 
titled ‘‘Budgetary Effects of PAYGO Legislation’’ for this 
Act, submitted for printing in the Congressional Record 
by the Chairman of the Senate Budget Committee, pro-
vided that such statement has been submitted prior to the 
vote on passage. 
SEC. 502. ADVANCE APPROPRIATIONS REQUIRED. 
The authorization of amounts under this Act and the 
amendments made by this Act shall be effective for any 
fiscal year only to the extent and in the amount provided 
in advance in appropriations Acts. 
Æ 
VerDate Sep 11 2014 
03:55 May 12, 2015
Jkt 049200
PO 00000
Frm 00139
Fmt 6652
Sfmt 6301
E:\BILLS\H2177.IH
H2177
rfrederick on DSK6VPTVN1PROD with BILLS