306
is manufactured in, or imported for sale in, the 
United States on or after the date that is 3 
years after the date of enactment of this sub-
section shall not consume in standby mode 
more than 1 watt. 
‘‘(B)(i) HOUSEHOLD APPLIANCES PARTICI-
PATING IN THE ENERGY STAR PROGRAM.—A 
household appliance model that, as of the date 
of enactment of this subsection, is recognized 
under the Energy Star program administered 
by the Administrator of the Environmental Pro-
tection Agency and the Secretary shall have 
until January 1, 2010, to meet the standard 
under subparagraph (A). 
‘‘(ii) ANALOG TELEVISIONS.—In the case 
of analog televisions, the Secretary shall pre-
scribe, on or after the date that is 2 years after 
the date of enactment of this subsection, in ac-
cordance with subsections (o) and (p) of section 
325, an energy conservation standard that is 
technologically feasible and economically justi-
fied under section 325(o)(2)(A) (in lieu of the 
1 watt standard under subparagraph (A)). 
‘‘(3) EXEMPTIONS.—
307
‘‘(A) APPLICATION.—A manufacturer or 
importer of a household appliance or their des-
ignated agent may submit to the Secretary an 
application for an exemption of a household ap-
pliance of class of appliances from the standard 
under paragraph (2). 
‘‘(B) CRITERIA
FOR
EXEMPTION.—The 
Secretary shall grant an exemption for a house-
hold appliance of class of appliances for which 
an application is made under subparagraph (A) 
if the applicant provides evidence showing that, 
and the Secretary determines that—
‘‘(i) it is not technically feasible to 
modify the household appliance or appli-
ances concerned to enable them to meet 
the standard; 
‘‘(ii) the standard is incompatible with 
an energy efficiency standard applicable to 
the household appliance of class of appli-
ances under another subsection; or 
‘‘(iii) The cost of electricity that a 
typical consumer would save in operating 
the household appliance of class of appli-
ances meeting the standard would not 
equal the increase in the price of the
308
household appliance or class of household 
appliances that would be attributable to 
the modifications that would be necessary 
to enable the household appliance or class 
of household appliances to meet the stand-
ard by the earlier of—
‘‘(I) the date that is 7 years after 
the date of purchase of the household 
appliance concerned; or 
‘‘(II) the end of the useful life of 
the household appliance. 
‘‘(C) DETERMINATION OF TECHNICAL IN-
FEASIBILITY.—If the Secretary determines that 
it is not technically feasible to modify a house-
hold appliance or class of household appliances 
to meet the standard under paragraph (2), the 
Secretary shall establish a different standard 
for the household appliance or class of house-
hold appliances in accordance with the criteria 
under subsection (l). 
‘‘(4) TEST PROCEDURE.—
‘‘(A) IN GENERAL.—Not later than 1 year 
after the date of enactment of this subsection, 
the Secretary shall establish a test procedure 
for determining the amount of consumption of
309
power by a household appliance operating in 
standby mode. 
‘‘(B) CONSIDERATIONS.—In establishing 
the test procedure, the Secretary shall con-
sider—
‘‘(i) 
international 
test 
procedures 
under development; 
‘‘(ii) test procedures used in connec-
tion with the Energy Star program; and 
‘‘(iii) test procedures used for meas-
uring power consumption in standby mode 
in other countries. 
‘‘(5) 
FURTHER
REDUCTION
OF
STANDBY 
POWER CONSUMPTION.—The Secretary shall provide 
technical assistance to manufacturers in achieving 
further reductions in standby mode electric energy 
consumption by household appliances. 
‘‘(v) STANDBY MODE ELECTRIC ENERGY CONSUMP-
TION
BY DIGITAL TELEVISIONS, DIGITAL SET TOP 
BOXES, AND DIGITAL VIDEO RECORDERS.—The Sec-
retary shall initiate within 5 years of the date of enact-
ment of this subsection a rulemaking to prescribe, in ac-
cordance with subsections (o) and (p), an energy conserva-
tion standard of standby mode electric energy consump-
tion by digital television sets, digital set top boxes, and
310
digital video recorders. The Secretary shall issue a final 
rule prescribing such standards not later than 18 months 
thereafter. In determining whether a standard under this 
section is technologically feasible and economically justi-
fied under section 325(o)(2)(A), the Secretary shall con-
sider the potential negative effects on market penetration 
by digital products covered under this section, and shall 
consider any recommendations by the FCC regarding such 
effects.’’. 
(b) STANDARDS FOR NONCOVERED PRODUCTS.—
(1) Section 325(m) of the Energy Policy and 
Conservation Act (42 U.S.C. 6295(m)) is amended 
as follows: 
(A) Inserting ‘‘(1)’’ before ‘‘After’’. 
(B) Inserting the following at the end: 
‘‘(2) Not later than one year after the date of enact-
ment of this paragraph, and every 5 years thereafter, the 
Secretary shall conduct a rulemaking to determine wheth-
er consumer or commercial products not classified as a 
covered product under section 322(a)(1) through (19) 
meet the criteria of section 322(b)(1). If the Secretary 
finds that a consumer or commercial product not classified 
as a covered product meets the criteria of section 
322(b)(1), the Secretary shall prescribe, in accordance