,i  #aacth ,,congress  #b;d ,session    
,h4 ,r4 #dbai  ,,in ,,the ,,house ,,of  
,,representatives  ,march #ab1 #bjad    
,mr4 ,latta 7for himself1 ,mrs4         
,blackburn1 and ,mr4 ,matheson7         
introduced the following bill2 which was
 referred to the ,committee on ,energy  
and ,commerce  ,a ,,bill  ,to amend the 
,energy ,policy and ,conservation ,act  
to provide for the recognition of       
voluntary certification programs for air
 conditioning1 furnace1 boiler1 heat    
pump1 and water heater products4  #a4   
,short title ,this ,act may be cited as 
the ,voluntary ,certification ,program  
,act of #bjad4  #b4 ,voluntary          
certification programs for air          
conditioning1 furnace1 boiler1 heat     
pump1 and water heater products ,section
 #cbf7;b7 of the ,energy ,policy and    
,conservation ,act 7#db ,u4,s4,c4       
#fbif7;b77 is amended by adding at the  
end the following3  7#f7 ,voluntary     
certification programs for air          
conditioning1 furnace1 boiler1 heat     

pump1 and water heater products  7,a7   
,definition of basic model group ,in    
this paragraph1 the term basic model    
group means a set of models--  7i7 that 
share characteristics that allow the    
performance of #a model to be generally 
representative of the performance of    
other models within the group2 and  7ii7
 in which the group of products does not
 necessarily have to share discrete     
performance4  7,b7 ,reliance on         
voluntary certification programs ,for   
the purpose of testing to verify the    
performance rating of1 or receiving test
 reports from manufacturers certifying  
compliance with energy conservation     
standards and ,energy ,star             
specifications established under        
sections #cbd;,a1 #cbe1 and #cdb1 the   
covered products described in paragraphs
 7#c71 7#d71 7#e71 7#i71 and 7#aa7 of   
section #cbb7;a7 and covered equipment  
described in subparagraphs 7,b71 7,c71  
7,d71 7,f71 7,i71 7,j71 and 7,k7 of     
section #cdj7a71 the ,secretary and     

,administrator shall rely on voluntary  
certification programs that--  7i7 are  
nationally recognized2  7ii7 maintain a 
publicly available list of all certified
 products and equipment2  7iii7 as      
determined by the ,secretary1 annually  
test not less than #aj percent and not  
more than #cj percent of the basic model
 group of a program participant2  7iv7  
require the changing of the performance 
rating or removal of the product or     
equipment from the program1 if          
verification testing determines that the
 performance rating does not meet the   
levels the manufacturer has certified to
 the ,secretary2  7v7 require the       
qualification of new participants in the
 program through testing and production 
of test reports2  7vi7 allow for        
challenge testing of products and       
equipment within the scope of the       
program2  7vii7 require program         
participants to certify the performance 
rating of all covered products and      
equipment within the scope of the       

program2  7viii7 are conducted by a     
certification body that is accredited   
under ,international ,organization for  
,standardization_/,international        
,electrotechnical ,commission           
7,,iso_/,,iec7 ,standard #agjfe2  7ix7  
provide to the ,secretary--  7,i7 an    
annual report of all test results2      
7,,ii7 prompt notification when program 
testing results in--  7aa7 the rerating 
of the performance rating of a product  
or equipment2 or  7bb7 the delisting of 
a product or equipment2 and  7,,iii7    
test reports1 on the request of the     
,secretary or the ,administrator1 for   
,energy ,star compliant products1 which 
shall be treated as confidential        
business information as provided for    
under section #eeb7;b77#d7 of title #e1 
,united ,states ,code 7commonly known as
 the ,freedom of ,information ,act72    
7x7 use verification testing that--     
7,i7 is conducted by an independent test
 laboratory that is accredited under    
,international ,organization for        

,standardization_/,international        
,electrotechnical ,commission           
7,,iso_/,,iec7 ,standard #agjbe with a  
scope covering the tested products or   
equipment2  7,,ii7 follows the test     
procedures established under this title2
 and  7,,iii7 notes in each test report 
any instructions specified by the       
manufacturer or the representative of   
the manufacturer for the purpose of     
conducting the verification testing2 and
  7xi7 satisfy such other requirements  
as the ,secretary has determined--  7,i7
 are essential to ensure standards      
compliance2 or  7,,ii7 have consensus   
support achieved through a negotiated   
rulemaking process4  7,c7               
,administration  7i7 ,in general ,the   
,secretary shall not require--  7,i7    
manufacturers to participate in a       
voluntary certification program         
described in subparagraph 7,b72 or      
7,,ii7 participating manufacturers to   
provide information that can be obtained
 through a voluntary certification      

program described in subparagraph 7,b74 
7ii7 ,list of covered products ,the     
,secretary or the ,administrator may    
maintain a publicly available list of   
covered products and equipment certified
 under a program described in           
subparagraph 7,b7 that distinguishes    
between--  7,i7 covered products and    
equipment verified by the program2 and  
7,,ii7 products not verified by the     
program4  7iii7 ,reduction of           
requirements ,any rules promulgated by  
the ,secretary that require testing of  
products or equipment for certification 
of performance ratings shall on average 
reduce requirements and burdens for     
manufacturers participating in a        
voluntary certification program         
described in subparagraph 7,b7 for the  
products or equipment relative to other 
manufacturers4  7iv7 ,periodic testing  
by program nonparticipants ,in addition 
to certification requirements1 the      
,secretary shall require a manufacturer 
that does not participate in a voluntary

 certification program described in     
subparagraph 7,b7--  7,i7 to verify the 
accuracy of the performance rating of   
the product or equipment through        
periodic testing using the testing      
methods described in clause 7iii7 or 7x7
 of subparagraph 7,b72 and  7,,ii7 to   
provide to the ,secretary test results  
and1 on request1 test reports verifying 
the certified performance for each basic
 model group of the manufacturer4  7v7  
,restrictions on test laboratories  7,i7
 ,in general ,subject to subclause      
7,,ii71 with respect to covered products
 and equipment1 a voluntary             
certification program described in      
subparagraph 7,b7 shall not be a test   
laboratory that conducts the testing on 
products or equipment within the scope  
of the program4  7,,ii7 ,limitation     
,subclause 7,i7 shall not apply to      
,energy ,star specifications established
 under section #cbd;,a4  7vi7 ,effect on
 other authority ,nothing in this       
paragraph limits the authority of the   

,secretary or the ,administrator to test
 products or equipment or to enforce    
compliance with any law 7including      
regulations74  4