§8262g. Procurement and identification of energy efficient products

(a) Procurement

The Administrator of General Services, the Secretary of Defense, and the Director of the Defense Logistics Agency, each shall undertake a program to include energy efficient products in carrying out their procurement and supply functions.

(b) Identification program

The Administrator of General Services, the Secretary of Defense, and the Director of the Defense Logistics Agency, in consultation with the Secretary of Energy, each shall implement, in conjunction with carrying out their procurement and supply functions, a program to identify and designate those energy efficient products that offer significant potential savings, using, to the extent practicable, the life cycle cost methods and procedures developed under section 8254 of this title. The Secretary of Energy shall, to the extent necessary to carry out this section and after consultation with the aforementioned agency heads, provide estimates of the degree of relative energy efficiency of products.

(c) Guidelines

The Administrator for Federal Procurement Policy, in consultation with the Administrator of General Services, the Secretary of Energy, the Secretary of Defense, and the Director of the Defense Logistics Agency, shall issue guidelines to encourage the acquisition and use by all Federal agencies of products identified pursuant to this section. The Secretary of Defense and the Director of the Defense Logistics Agency shall consider, and place emphasis on, the acquisition of such products as part of the Agency's ongoing review of military specifications.

(d) Report to Congress

Not later than December 31 of 1993 and of each year thereafter, the Secretary of Energy, in consultation with the Administrator for Federal Procurement Policy, the Administrator of General Services, the Secretary of Defense, and the Director of the Defense Logistics Agency, shall report on the progress, status, activities, and results of the programs under subsections (a), (b), and (c) of this section. The report shall include-

(1) the types and functions of each product identified under subsection (b) of this section, and efforts undertaken by the Administrator of General Services, the Secretary of Defense, and the Director of the Defense Logistics Agency to encourage the acquisition and use of such products;

(2) the actions taken by the Administrator of General Services, the Secretary of Defense, and the Director of the Defense Logistics Agency to identify products under subsection (b) of this section, the barriers which inhibit implementation of identification of such products, and recommendations for legislative action, if necessary;

(3) progress on the development and issuance of guidelines under subsection (c) of this section;

(4) an indication of whether energy cost savings technologies identified by the Advanced Building Technology Council, under section 1701j–2(h) of title 12, have been used in the identification of products under subsection (b) of this section;

(5) an estimate of the potential cost savings to the Federal Government from acquiring products identified under subsection (b) of this section with respect to which energy is a significant component of life cycle cost, based on the quantities of such products that could be utilized throughout the Government; and

(6) the actual quantities acquired of products described in paragraph (5).

( Pub. L. 102–486, title I, §161, Oct. 24, 1992, 106 Stat. 2858 .)

Codification

Section was enacted as part of the Energy Policy Act of 1992, and not as part of the National Energy Conservation Policy Act which comprises this chapter.

Procurement of Energy-Efficient Products

For provisions requiring agencies to purchase energy-efficient products in accordance with guidelines issued under this section, see Ex. Ord. No. 12902, §507, Mar. 8, 1994, 59 F.R. 11470, set out as a note under section 6201 of this title.

Ex. Ord. No. 12845. Requiring Agencies To Purchase Energy Efficient Computer Equipment

Ex. Ord. No. 12845, Apr. 21, 1993, 58 F.R. 21887, provided:

WHEREAS, the Federal Government should set an example in the energy efficient operation of its facilities and the procurement of pollution preventing technologies;

WHEREAS, the Federal Government should minimize its operating costs, make better use of taxpayer-provided dollars, and reduce the Federal deficit; and

WHEREAS, the Federal Government is the largest purchaser of computer equipment in the world and therefore has the capacity to greatly accelerate the movement toward energy efficient computer equipment;

NOW, THEREFORE, by the authority vested in me as President by the Constitution and the laws of the United States of America, including section 381 of the Energy Policy and Conservation Act, as amended (42 U.S.C. 6361), section 205 of the Federal Property and Administrative Services Act, as amended (40 U.S.C. 486), section 152 of the Energy Policy Act of 1992 (Public Law 102–486) [enacting sections 8258a and 8258b of this title, amending sections 8252 to 8256, 8258, and 8259 of this title, and repealing provisions set out as a note under section 8253 of this title], and section 301 of title 3, United States Code, and to ensure the energy efficient operation of the Federal Government's facilities and to encourage the procurement of pollution preventing technologies that will save taxpayer money, reduce the Federal deficit, and accelerate the movement to energy efficient designs in standard computer equipment, it is hereby ordered as follows:

Section 1. Procurement of Computer Equipment that Meets EPA Energy Star Requirements for Energy Efficiency. (a) The heads of Federal agencies shall ensure that, within 180 days from the date of this order, all acquisitions of microcomputers, including personal computers, monitors, and printers, meet "EPA Energy Star" requirements for energy efficiency. The heads of Federal agencies may grant, on a case-by-case basis, exemptions to this directive for acquisitions, based upon the commercial availability of qualifying equipment, significant cost differential of the equipment, the agency's performance requirements, and the agency's mission.

(b) Within 180 days from the date of this order, agencies shall specify that microcomputers, including personal computers, monitors, and printers, acquired by the agency shall be equipped with the energy efficient low-power standby feature as defined by the EPA Energy Star computers program. This feature shall be activated when the equipment is shipped and shall be capable of entering and recovering from the low-power state unless the equipment meets Energy Star efficiency levels at all times. To the extent permitted by law, agencies shall include this specification in all existing and future contracts, if both the Government and the contractor agree, and if any additional costs would be offset by the potential energy savings.

(c) Agencies shall ensure that Federal users are made aware of the significant economic and environmental benefits of the energy efficient low-power standby feature and its aggressive use by including this information in routine computer training classes.

(d) Each agency shall report annually to the General Services Administration on acquisitions exempted from the requirements of this Executive order, and the General Services Administration shall prepare a consolidated annual report for the President.

Sec. 2. Definition. For purposes of this order, the term "agency" has the same meaning given it in section 151 of the Energy Policy Act of 1992 [42 U.S.C. 8262].

Sec. 3. Judicial Review. This order does not create any right or benefit, substantive or procedural, enforceable by a non-Federal party against the United States, its officers or employees, or any other person.

William J. Clinton.