---
kind: "section"
citation: "42 U.S.C. § 8259b"
title: "42"
title_heading: "The Public Health and Welfare"
number: "8259b"
heading: "Federal procurement of energy efficient products"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/42/8259b"
units:
  - "Chapter 91 — National Energy Conservation Policy"
  - "Subchapter III — Federal Energy Initiative"
  - "Part B — Federal Energy Management"
---

# §8259b. Federal procurement of energy efficient products

- (a) **Definitions—** In this section:
  - (1) **Agency—** The term “[agency](/usc/42/8259.md?p=1)” has the meaning given that term in [section 7902(a) of title 5](/usc/5/7902.md?p=a).
  - (2) **Energy Star product—** The term “Energy Star product” means a product that is rated for energy efficiency under an Energy Star program.
  - (3) **Energy Star program—** The term “Energy Star program” means the program established by [section 6294a of this title](/usc/42/6294a.md).
  - (4) **FEMP designated product—** The term “FEMP designated product” means a product that is designated under the Federal Energy Management Program of the Department of Energy as being among the highest 25 percent of equivalent products for energy efficiency.
  - (5) **Product—** The term “product” does not include any energy consuming product or system designed or procured for combat or combat-related missions.
- (b) **Procurement of energy efficient products—**
  - (1) **Requirement—** To meet the requirements of an [agency](/usc/42/8259.md?p=1) for an energy consuming product in a product category covered by the Energy Star program or the Federal Energy Management Program for designated products, the head of the [agency](/usc/42/8259.md?p=1) shall, except as provided in [paragraph (2)](#b-2), procure—
    - (A) an Energy Star product; or
    - (B) a FEMP designated product.
  - (2) **Exceptions—** The head of an [agency](/usc/42/8259.md?p=1) is not required to procure an Energy Star product or FEMP designated product under [paragraph (1)](#b-1) if the head of the [agency](/usc/42/8259.md?p=1) finds in writing that—
    - (A) an Energy Star product or FEMP designated product is not cost-effective over the life of the product taking energy cost savings into account; or
    - (B) no Energy Star product or FEMP designated product is reasonably available that meets the functional requirements of the [agency](/usc/42/8259.md?p=1).
  - (3) **Procurement planning—** The head of an [agency](/usc/42/8259.md?p=1) shall incorporate into the specifications for all procurements involving energy consuming products and systems, including guide specifications, [project](/usc/42/13641.md?p=2) specifications, and [construction](/usc/42/8259.md?p=2), renovation, and services contracts that include provision of energy consuming products and systems, and into the factors for the evaluation of offers received for the procurement, criteria for energy efficiency that are consistent with the criteria used for rating Energy Star products and for rating FEMP designated products.
- (c) **Listing of energy efficient products in Federal catalogs—** Energy Star products and FEMP designated products shall be clearly identified and prominently displayed in any inventory or listing of products by the General Services Administration or the Defense Logistics [Agency](/usc/42/8259.md?p=1). The General Services Administration or the Defense Logistics [Agency](/usc/42/8259.md?p=1) shall list in their catalogues, represent as available, and supply only Energy Star products or FEMP designated products for all product categories covered by the Energy Star program or the Federal Energy Management Program, except in cases in which the head of the [agency](/usc/42/8259.md?p=1) ordering a product specifies in writing that no Energy Star product or FEMP designated product is available to meet the buyer’s functional requirements, or that no Energy Star product or FEMP designated product is cost-effective for the intended application over the life of the product, taking energy cost savings into account.
- (d) **Specific products—**
  - (1) In the case of electric motors of 1 to 500 horsepower, [agencies](/usc/42/8259.md?p=1) shall select only premium efficient motors that meet a standard designated by the [Secretary](/usc/42/8241.md?p=6). The [Secretary](/usc/42/8241.md?p=6) shall designate such a standard not later than 120 days after August 8, 2005, after considering the recommendations of associated electric motor manufacturers and energy efficiency groups.
  - (2) All [Federal agencies](/usc/42/8241.md?p=1) are encouraged to take actions to maximize the efficiency of air conditioning and refrigeration equipment, including appropriate cleaning and maintenance, including the use of any system [treatment](/usc/42/11851.md?p=11) or additive that will reduce the electricity consumed by air conditioning and refrigeration equipment. Any such [treatment](/usc/42/11851.md?p=11) or additive must be—
    - (A) determined by the [Secretary](/usc/42/8241.md?p=6) to be effective in increasing the efficiency of air conditioning and refrigeration equipment without having an adverse impact on air conditioning performance (including cooling capacity) or equipment useful life;
    - (B) determined by the [Administrator](/usc/42/4005.md?p=1) of the Environmental Protection [Agency](/usc/42/8259.md?p=1) to be environmentally safe; and
    - (C) shown to increase seasonal energy efficiency ratio (SEER) or energy efficiency ratio (EER) when tested by the National Institute of Standards and Technology according to Department of Energy test procedures without causing any adverse impact on the system, system components, the refrigerant or lubricant, or other materials in the system.

      Results of testing described in [subparagraph (C)](#d-2-C) shall be published in the Federal Register for public review and comment. For purposes of this section, a hardware device or primary refrigerant shall not be considered an additive.

- (e) **Federally-procured appliances with standby power—**
  - (1) **Definition of eligible product—** In this subsection, the term “eligible product” means a commercially available, off-the-shelf product that—
    - (A)
      - (i) uses external standby power devices; or
      - (ii) contains an internal standby power function; and
    - (B) is included on the list compiled under [paragraph (4)](#e-4).
  - (2) **Federal purchasing requirement—** Subject to [paragraph (3)](#e-3), if an [agency](/usc/42/8259.md?p=1) purchases an eligible product, the [agency](/usc/42/8259.md?p=1) shall purchase—
    - (A) an eligible product that uses not more than 1 watt in the standby power consuming mode of the eligible product; or
    - (B) if an eligible product described in [subparagraph (A)](#e-2-A) is not available, the eligible product with the lowest available standby power wattage in the standby power consuming mode of the eligible product.
  - (3) **Limitation—** The requirements of [paragraph (2)](#e-2) shall apply to a purchase by an [agency](/usc/42/8259.md?p=1) only if—
    - (A) the lower-wattage eligible product is—
      - (i) lifecycle cost-effective; and
      - (ii) practicable; and
    - (B) the utility and performance of the eligible product is not compromised by the lower wattage requirement.
  - (4) **Eligible products—** The [Secretary](/usc/42/8241.md?p=6), in consultation with the [Secretary](/usc/42/8241.md?p=6) of Defense, the [Administrator](/usc/42/4005.md?p=1) of the Environmental Protection [Agency](/usc/42/8259.md?p=1), and the [Administrator](/usc/42/4005.md?p=1) of General Services, shall compile a publicly accessible list of cost-effective eligible products that shall be subject to the purchasing requirements of [paragraph (2)](#e-2).
- (f) **Regulations—** Not later than 180 days after August 8, 2005, the [Secretary](/usc/42/8241.md?p=6) shall issue guidelines to carry out this section.

## Source credit

(Pub. L. 95–619, title V, § 553, as added Pub. L. 109–58, title I, § 104(a), Aug. 8, 2005, 119 Stat. 609; amended Pub. L. 110–140, title V, §§ 524, 525(a), Dec. 19, 2007, 121 Stat. 1662, 1663.)

## Notes

### Editorial Notes

### Amendments

2007—Subsec. (b)(1). Pub. L. 110–140, § 525(a)(1), inserted “in a product category covered by the Energy Star program or the Federal Energy Management Program for designated products” after “energy consuming product” in introductory provisions.

Subsec. (c). Pub. L. 110–140, § 525(a)(2), in second sentence, inserted “list in their catalogues, represent as available, and” after “shall” and substituted “in which the head of the agency” for “where the agency”.

Subsecs. (e), (f). Pub. L. 110–140, § 524, added subsec. (e) and redesignated former subsec. (e) as (f).

### Statutory Notes and Related Subsidiaries

### Effective Date of 2007 Amendment

Amendment by Pub. L. 110–140 effective on the date that is 1 day after Dec. 19, 2007, see section 1601 of Pub. L. 110–140, set out as an Effective Date note under section 1824 of Title 2, The Congress.

### Catalogue Listing Deadline

Pub. L. 110–140, title V, § 525(b), Dec. 19, 2007, 121 Stat. 1663, provided that: “Not later than 9 months after the date of enactment of this Act [Dec. 19, 2007], the General Services Administration and the Defense Logistics Agency shall ensure that the requirement established by the amendment made by subsection (a)(2)(A) [amending this section] has been fully complied with.”