42 U.S.C. § 8287 — Authority to enter into contracts

Page 7577 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 8287 for such training and certification and will be used to increase the total amount of funds available for such training and certification. (c)(1) Before making any grant under sub- section (a) the Secretary shall establish min- imum standards for the training and certifi- cation of individuals to conduct energy audits. (2) The Secretary shall require each Governor receiving any grant under this subchapter to agree to meet the standards established pursu- ant to paragraph (1) in any training and certifi- cation conducted using funds provided under this subchapter. (Pub. L. 96–294, title V, § 583, June 30, 1980, 94 Stat. 761.) Editorial Notes CODIFICATION Section was enacted as part of the Energy Security Act, and not as part of the National Energy Conserva- tion Policy Act which comprises this chapter. § 8285c. Authorization of appropriations (a) To carry out this subchapter there is au- thorized to be appropriated the sum of $10,000,000 for the fiscal year ending on September 30, 1981, and the sum of $15,000,000 for the fiscal year end- ing on September 30, 1982. (b) Any funds appropriated under the author- ization contained in this section shall remain available until expended. (Pub. L. 96–294, title V, § 584, June 30, 1980, 94 Stat. 761.) Editorial Notes CODIFICATION Section was enacted as part of the Energy Security Act, and not as part of the National Energy Conserva- tion Policy Act which comprises this chapter. SUBCHAPTER VI—COORDINATION OF FED- ERAL ENERGY CONSERVATION FACTORS AND DATA Editorial Notes CODIFICATION This subchapter was enacted as part of the Energy Security Act, and not as part of the National Energy Conservation Policy Act which comprises this chapter. § 8286. Consensus on factors and data for energy conservation standards The Secretary of Energy shall assure that within 6 months after June 30, 1980, the Sec- retary of Energy, the Secretary of Housing and Urban Development, the Secretary of Agri- culture, the Secretary of Health and Human Services, the Secretary of Defense, the Adminis- trator of the General Services Administration, and the head of any other agency responsible for developing energy conservation standards for new or existing residential, commercial, or agri- cultural buildings shall reach a consensus re- garding factors and data used to develop such standards. This consensus shall apply to, but not be limited to— (1) fuel price projections; (2) discount rates; (3) inflation rates; (4) climatic conditions and zones; and (5) the cost and energy saving characteris- tics of construction materials. (Pub. L. 96–294, title V, § 595, June 30, 1980, 94 Stat. 762.) Editorial Notes CODIFICATION Section was enacted as part of the Energy Security Act, and not as part of the National Energy Conserva- tion Policy Act which comprises this chapter. § 8286a. Use of factors and data Factors and data consented to pursuant to sec- tion 8286 of this title may be revised and agreed to by a consensus of the heads of the various Federal agencies involved. Such factors and data shall be used by all Federal agencies in estab- lishing and revising various energy conservation standards used by such agencies, except that other factors and data may be used with respect to the standards applicable to any program if— (1) the other factors and data are approved by the Secretary of Energy solely on the basis that such other factors and data are critical to meet the unique needs of the program con- cerned; (2) using the consented to factors and data would cause a violation of an express provision of law; or (3) statutory requirements or responsibil- ities require a modification of the consented to factors and data. (Pub. L. 96–294, title V, § 596, June 30, 1980, 94 Stat. 762.) Editorial Notes CODIFICATION Section was enacted as part of the Energy Security Act, and not as part of the National Energy Conserva- tion Policy Act which comprises this chapter. § 8286b. Omitted Editorial Notes CODIFICATION Section, Pub. L. 96–294, title V, § 597, June 30, 1980, 94 Stat. 762, which required the President (who delegated the duty to the Secretary of Energy by Memorandum of June 23, 1993, 58 F.R. 34519) to report annually to Con- gress on activities carried out under this subchapter and on other efforts to coordinate Federal energy con- servation programs, terminated, effective May 15, 2000, pursuant to section 3003 of Pub. L. 104–66, as amended, set out as a note under section 1113 of Title 31, Money and Finance. See, also, the 15th item on page 19 of House Document No. 103–7. SUBCHAPTER VII—ENERGY SAVINGS PERFORMANCE CONTRACTS § 8287. Authority to enter into contracts (a) In general (1) The head of a Federal agency may enter into contracts under this subchapter solely for the purpose of achieving energy savings and ben- Page 7578 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 8287 efits ancillary to that purpose. Each such con- tract may, notwithstanding any other provision of law, be for a period not to exceed 25 years. Such contract shall provide that the contractor shall incur costs of implementing energy sav- ings measures, including at least the costs (if any) incurred in making energy audits, acquir- ing and installing equipment, and training per- sonnel, in exchange for a share of any energy savings directly resulting from implementation of such measures during the term of the con- tract. (2)(A) Contracts under this subchapter shall be energy savings performance contracts and shall require an annual energy audit and specify the terms and conditions of any Government pay- ments and performance guarantees. Any such performance guarantee shall provide that the contractor is responsible for maintenance and repair services for any energy related equip- ment, including computer software systems. (B) Aggregate annual payments by an agency to both utilities and energy savings performance contractors, under an energy savings perform- ance contract, may not exceed the amount that the agency would have paid for utilities without an energy savings performance contract (as esti- mated through the procedures developed pursu- ant to this section) during contract years. The contract shall provide for a guarantee of savings to the agency, and shall establish payment schedules reflecting such guarantee, taking into account any capital costs under the contract. (C) Federal agencies may incur obligations pursuant to such contracts to finance energy conservation measures provided guaranteed sav- ings exceed the debt service requirements. (D) A Federal agency may enter into a multiyear contract under this subchapter for a period not to exceed 25 years beginning on the date of the delivery order, without funding of cancellation charges before cancellation, if— (i) such contract was awarded in a competi- tive manner pursuant to subsection (b)(2), using procedures and methods established under this subchapter; (ii) funds are available and adequate for pay- ment of the costs of such contract for the first fiscal year; and (iii) such contract is governed by part 17.1 of the Federal Acquisition Regulation promul- gated under section 1303 of title 41 or the ap- plicable rules promulgated under this sub- chapter. (E) FUNDING OPTIONS.—In carrying out a con- tract under this subchapter, a Federal agency may use any combination of— (i) appropriated funds; and (ii) private financing under an energy sav- ings performance contract. (F) PROMOTION OF CONTRACTS.—In carrying out this section, a Federal agency shall not— (i) establish a Federal agency policy that limits the maximum contract term under sub- paragraph (D) to a period shorter than 25 years; (ii) limit the total amount of obligations under energy savings performance contracts or other private financing of energy savings measures; or (iii) limit the recognition of operation and maintenance savings associated with systems modernized or replaced with the implementa- tion of energy conservation measures, water conservation measures, or any combination of energy conservation measures and water con- servation measures. (G) MEASUREMENT AND VERIFICATION REQUIRE- MENTS FOR PRIVATE FINANCING.— (i) IN GENERAL.—In the case of energy sav- ings performance contracts, the evaluations and savings measurement and verification re- quired under paragraphs (2) and (4) of section 8253(f) of this title shall be used by a Federal agency to meet the requirements for the need for energy audits, calculation of energy sav- ings, and any other evaluation of costs and savings needed to implement the guarantee of savings under this section. (ii) MODIFICATION OF EXISTING CONTRACTS.— Not later than 18 months after December 19, 2007, each Federal agency shall, to the max- imum extent practicable, modify any indefi- nite delivery and indefinite quantity energy savings performance contracts, and other in- definite delivery and indefinite quantity con- tracts using private financing, to conform to the amendments made by subtitle B of title V of the Energy Independence and Security Act of 2007. (H) MISCELLANEOUS AUTHORITY.—Notwith- standing subtitle I of title 40, a Federal agency may accept, retain, sell, or transfer, and apply the proceeds of the sale or transfer of, any en- ergy and water incentive, rebate, grid services revenue, or credit (including a renewable energy certificate) to fund a contract under this sub- chapter. (I) EXCLUDED CONTRACTS.—A contract entered into under this subchapter may not be for work performed— (i) at a Federal hydroelectric facility that provides power marketed by a Power Mar- keting Administration; or (ii) at a hydroelectric facility owned and op- erated by the Tennessee Valley Authority es- tablished under the Tennessee Valley Author- ity Act of 1933 (16 U.S.C. 831 et seq.). (b) Implementation (1)(A) The Secretary, with the concurrence of the Federal Acquisition Regulatory Council es- tablished under section 1302(a) of title 41, not later than 180 days after October 24, 1992, shall, by rule, establish appropriate procedures and methods for use by Federal agencies to select, monitor, and terminate contracts with energy service contractors in accordance with laws gov- erning Federal procurement that will achieve the intent of this section in a cost-effective manner. In developing such procedures and methods, the Secretary, with the concurrence of the Federal Acquisition Regulatory Council, shall determine which existing regulations are inconsistent with the intent of this section and shall formulate substitute regulations con- sistent with laws governing Federal procure- ment. (B) The procedures and methods established pursuant to subparagraph (A) shall be the proce- Page 7579 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 8287 dures and contracting methods for selection, by an agency, of a contractor to provide energy savings performance services. Such procedures and methods shall provide for the calculation of energy savings based on sound engineering and financial practices. (2) The procedures and methods established pursuant to paragraph (1)(A) shall— (A) allow the Secretary to— (i) request statements of qualifications, which shall, at a minimum, include prior ex- perience and capabilities of contractors to perform the proposed types of energy sav- ings services and financial and performance information, from firms engaged in pro- viding energy savings services; and (ii) from the statements received, des- ignate and prepare a list, with an update at least annually, of those firms that are quali- fied to provide energy savings services; (B) require each agency to use the list pre- pared by the Secretary pursuant to subpara- graph (A)(ii) unless the agency elects to de- velop an agency list of firms qualified to pro- vide energy savings performance services using the same selection procedures and meth- ods as are required of the Secretary in pre- paring such lists; and (C) allow the head of each agency to— (i) select firms from the list prepared pur- suant to subparagraph (A)(ii) or the list pre- pared by the agency pursuant to subpara- graph (B) to conduct discussions concerning a particular proposed energy savings project, including requesting a technical and price proposal from such selected firms for such project; (ii) select from such firms the most quali- fied firm to provide energy savings services based on technical and price proposals and any other relevant information; (iii) permit receipt of unsolicited proposals for energy savings performance contracting services from a firm that such agency has determined is qualified to provide such serv- ices under the procedures established pursu- ant to paragraph (1)(A), and require agency facility managers to place a notice in the Commerce Business Daily announcing they have received such a proposal and invite other similarly qualified firms to submit competing proposals; and (iv) enter into an energy savings perform- ance contract with a firm qualified under clause (iii), consistent with the procedures and methods established pursuant to para- graph (1)(A). (3) A firm not designated as qualified to pro- vide energy savings services under paragraph (2)(A)(i) or paragraph (2)(B) may request a re- view of such decision to be conducted in accord- ance with procedures to be developed by the board of contract appeals of the General Serv- ices Administration. (c) Task or delivery orders (1) The head of a Federal agency may issue a task or delivery order under an energy savings performance contract by— (A) notifying all contractors that have re- ceived an award under such contract that the agency proposes to discuss energy savings per- formance services for some or all of its facili- ties and, following a reasonable period of time to provide a proposal in response to the notice, soliciting from such contractors the submis- sion of expressions of interest in, and con- tractor qualifications for, performing site sur- veys or investigations and feasibility designs and studies, and including in the notice sum- mary information concerning energy use for any facilities that the agency has specific in- terest in including in such task or delivery order; (B) reviewing all expressions of interest and qualifications submitted pursuant to the no- tice under subparagraph (A); (C) selecting two or more contractors (from among those reviewed under subparagraph (B)) to conduct discussions concerning the contrac- tors’ respective qualifications to implement potential energy conservation measures, in- cluding— (i) requesting references and specific de- tailed examples with respect to similar ef- forts and the resulting energy savings of such similar efforts; and (ii) requesting an explanation of how such similar efforts relate to the scope and con- tent of the task or delivery order concerned; (D) selecting and authorizing— (i) more than one contractor (from among those selected under subparagraph (C)) to conduct site surveys, investigations, feasi- bility designs and studies, or similar assess- ments for the energy savings performance contract services (or for discrete portions of such services), for the purpose of allowing each such contractor to submit a firm, fixed- price proposal to implement specific energy conservation measures; or (ii) one contractor (from among those se- lected under subparagraph (C)) to conduct a site survey, investigation, feasibility design and study, or similar assessment for the pur- pose of allowing the contractor to submit a firm, fixed-price proposal to implement spe- cific energy conservation measures; (E) providing a debriefing to any contractor not selected under subparagraph (D); (F) negotiating a task or delivery order for energy savings performance contracting serv- ices with the contractor or contractors se- lected under subparagraph (D) based on the en- ergy conservation measures identified; and (G) issuing a task or delivery order for en- ergy savings performance contracting services to such contractor or contractors. (2) The issuance of a task or delivery order for energy savings performance contracting services pursuant to paragraph (1) is deemed to satisfy the task and delivery order competition require- ments in section 3406(d) of title 10 and section 4106(d) of title 41. (3) The Secretary may issue guidance as nec- essary to agencies issuing task or delivery or- ders pursuant to paragraph (1). (Pub. L. 95–619, title VIII, § 801, as added Pub. L. 99–272, title VII, § 7201(a), Apr. 7, 1986, 100 Stat. 142; amended Pub. L. 102–486, title I, § 155(a), Oct. Page 7580 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 8287 24, 1992, 106 Stat. 2852; Pub. L. 104–106, div. E, title LVI, § 5607(e), Feb. 10, 1996, 110 Stat. 702; Pub. L. 104–316, title I, § 122(s), Oct. 19, 1996, 110 Stat. 3838; Pub. L. 105–388, § 4(a), Nov. 13, 1998, 112 Stat. 3477; Pub. L. 106–291, title III, § 335, Oct. 11, 2000, 114 Stat. 997; Pub. L. 106–469, title IV, § 401, Nov. 9, 2000, 114 Stat. 2037; Pub. L. 108–375, div. A, title X, § 1090(a), Oct. 28, 2004, 118 Stat. 2067; Pub. L. 109–58, title I, § 105(a), Aug. 8, 2005, 119 Stat. 611; Pub. L. 110–140, title V, §§ 511(a), 512–514, Dec. 19, 2007, 121 Stat. 1658, 1659; Pub. L. 111–383, div. A, title VIII, § 828(a), Jan. 7, 2011, 124 Stat. 4271; Pub. L. 116–260, div. Z, title I, § 1002(c), (d), Dec. 27, 2020, 134 Stat. 2422; Pub. L. 117–81, div. A, title XVII, § 1702(j)(5), Dec. 27, 2021, 135 Stat. 2159.) Editorial Notes REFERENCES IN TEXT The Energy Independence and Security Act of 2007, referred to in subsec. (a)(2)(G)(ii), is Pub. L. 110–140, Dec. 19, 2007, 121 Stat. 1492. Subtitle B of title V of the Act enacted part A (§ 17131) of subchapter IV of chapter 152 of this title and amended this section and sections 8256, 8258, and 8287c of this title and section 2913 of Title 10, Armed Forces. For complete classification of this Act to the Code, see Short Title note set out under sec- tion 17001 of this title and Tables. The Tennessee Valley Authority Act of 1933, referred to in subsec. (a)(2)(I)(ii), is act May 18, 1933, ch. 32, 48 Stat. 58, which is classified generally to chapter 12A (§ 831 et seq.) of Title 16, Conservation. For complete classification of this Act to the Code, see section 831 of Title 16 and Tables. CODIFICATION The following substitutions were made on authority of Pub. L. 111–350, § 6(c), Jan. 4, 2011, 124 Stat. 3854, which Act enacted Title 41, Public Contracts: In subsec. (a)(2)(D)(iii), ‘‘section 1303 of title 41’’ sub- stituted for ‘‘section 25 of the Office of Federal Pro- curement Policy Act (41 U.S.C. 421)’’. In subsec. (b)(1)(A), ‘‘section 1302(a) of title 41’’ sub- stituted for ‘‘section 25(a) of the Office of Federal Pro- curement Policy Act’’. AMENDMENTS 2021—Subsec. (c)(2). Pub. L. 117–81 substituted ‘‘sec- tion 3406(d) of title 10 and section 4106(d) of title 41.’’ for ‘‘section 2304c(d) of title 10 and section 303J(d) of the Federal Property and Administrative Services Act of 1949 (41 U.S.C. 253j(d)).’’ 2020—Subsec. (a)(2)(F)(iii). Pub. L. 116–260, § 1002(c), added cl. (iii). Subsec. (a)(2)(H), (I). Pub. L. 116–260, § 1002(d), added subpars. (H) and (I). 2011—Subsec. (c). Pub. L. 111–383 added subsec. (c). 2007—Subsec. (a)(2)(D). Pub. L. 110–140, § 513(1), in- serted ‘‘beginning on the date of the delivery order’’ after ‘‘25 years’’ in introductory provisions. Subsec. (a)(2)(D)(iii), (iv). Pub. L. 110–140, § 511(a), re- designated cl. (iv) as (iii) and struck out former cl. (iii) which read as follows: ‘‘30 days before the award of any such contract that contains a clause setting forth a cancellation ceiling in excess of $10,000,000, the head of such agency gives written notification of such proposed contract and of the proposed cancellation ceiling for such contract to the appropriate authorizing and ap- propriating committees of the Congress; and’’. Subsec. (a)(2)(E). Pub. L. 110–140, § 512, added subpar. (E). Subsec. (a)(2)(F), (G). Pub. L. 110–140, § 513(2), added subpars. (F) and (G). Subsec. (c). Pub. L. 110–140, § 514, struck out subsec. (c). Text read as follows: ‘‘The authority to enter into new contracts under this section shall cease to be effec- tive on October 1, 2016.’’ 2005—Subsec. (c). Pub. L. 109–58 substituted ‘‘2016’’ for ‘‘2006’’. 2004—Subsec. (c). Pub. L. 108–375 substituted ‘‘2006’’ for ‘‘2003’’. 2000—Subsec. (a)(2)(D)(iii). Pub. L. 106–291 and Pub. L. 106–469 amended cl. (iii) identically, substituting ‘‘$10,000,000’’ for ‘‘$750,000’’. 1998—Subsec. (c). Pub. L. 105–388 substituted ‘‘on Oc- tober 1, 2003’’ for ‘‘five years after the date procedures and methods are established under subsection (b)’’. 1996—Subsec. (b)(3). Pub. L. 104–106 struck out at end ‘‘Procedures developed by the board of contract appeals under this paragraph shall be substantially equivalent to procedures established under section 759(f) of title 40.’’ Subsec. (c). Pub. L. 104–316 struck out par. (1) designa- tion before ‘‘The authority to’’ and struck out par. (2) which required Comptroller General of the United States to report annually for five years on implementa- tion of this section, including an assessment of various energy issues. 1992—Pub. L. 102–486 inserted subsec. (a) designation and heading, designated existing provisions as par. (1), and added par. (2) and subsecs. (b) and (c). Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2011 AMENDMENT Pub. L. 111–383, div. A, title VIII, § 828(b), Jan. 7, 2011, 124 Stat. 4272, provided that: ‘‘The amendment made by subsection (a) [amending this section] is inapplicable to task or delivery orders issued before the date of enact- ment of this Act [Jan. 7, 2011].’’ 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 sec- tion 1824 of Title 2, The Congress. EFFECTIVE DATE OF 1996 AMENDMENT Amendment by Pub. L. 104–106 effective 180 days after Feb. 10, 1996, see section 5701 of Pub. L. 104–106, Feb. 10, 1996, 110 Stat. 702. ARCHITECT OF THE CAPITOL AS AGENCY ELECTING TO DEVELOP LIST OF FIRMS QUALIFIED TO PROVIDE EN- ERGY SAVING SERVICES AND AS AGENCY HEAD SE- LECTING FROM LIST Pub. L. 103–211, title III, § 402, Feb. 12, 1994, 108 Stat. 40, provided that: ‘‘The Architect of the Capitol shall be considered the agency for the purposes of the election in section 801(b)(2)(B) of the National Energy Conserva- tion Policy Act [42 U.S.C. 8287(b)(2)(B)] and the head of the agency for purposes of subsection (b)(2)(C) of such section.’’ REVIEW Pub. L. 108–375, div. A, title X, § 1090(f), Oct. 28, 2004, 118 Stat. 2068, provided that, not later than 180 days after Oct. 28, 2004, the Secretary of Energy was to com- plete a review, and report its findings to Congress, of the Energy Savings Performance Contract program, which was to identify statutory, regulatory, and ad- ministrative obstacles that prevent Federal agencies from fully utilizing the program. EXTENSION OF AUTHORITY Pub. L. 109–58, title I, § 105(b), Aug. 8, 2005, 119 Stat. 611, provided that: ‘‘Any energy savings performance contract entered into under section 801 of the National Energy Conservation Policy Act (42 U.S.C. 8287) after October 1, 2003, and before the date of enactment of this Act [Aug. 8, 2005], shall be considered to have been en- tered into under that section.’’ Pub. L. 108–375, div. A, title X, § 1090(g), Oct. 28, 2004, 118 Stat. 2068, provided that: ‘‘Any energy savings per- formance contract entered into under section 801 of the Page 7581 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 8287c 1 See References in Text note below. National Energy Conservation Policy Act (42 U.S.C. 8287) after October 1, 2003, and before the date of enact- ment of this Act [Oct. 28, 2004], shall be deemed to have been entered into pursuant to such section 801 as amended by subsection (a) of this section.’’ ENERGY EFFICIENCY INCENTIVE Pub. L. 100–456, div. A, title VII, § 736, Sept. 29, 1988, 102 Stat. 2006, as amended by Pub. L. 101–189, div. A, title III, § 331, Nov. 29, 1989, 103 Stat. 1417, provided that: ‘‘(a) ENERGY CONSERVATION INCENTIVE.—In order to provide additional incentive for the Secretary of a mili- tary department to enter into contracts under title VIII of the National Energy Conservation Policy Act (42 U.S.C. 8287 et seq.), the Secretary may use the en- ergy cost savings realized by the United States during the first five years under any such contract in the man- ner provided in subsection (b). The amount of savings available for use under subsection (b) shall be deter- mined as provided in subsection (c) and shall remain available for obligation until expended. ‘‘(b) AUTHORIZED USES OF SAVINGS.—The energy cost savings realized by the United States in each of the first five years under a contract may be used as follows: ‘‘(1) One-half of the amount of such savings may be used for the acquisition of energy conserving meas- ures for military installations, and such measures may be in addition to any such energy conserving measures acquired for military installations under contracts entered into under title VIII of the Na- tional Energy Conservation Policy Act. ‘‘(2) One-half of the amount of such savings may be used for any morale, welfare, or recreation facility or service that is normally provided with appropriated funds, or for any minor military construction project (as defined in section 2805(a) of title 10, United States Code), that will enhance the quality of life of mem- bers of the Armed Forces at the military installation at which the energy cost savings were realized. ‘‘(c) DETERMINATION OF AMOUNT OF SAVINGS.—Not more than 90 days after the end of each of the first five years during which energy savings measures have been in operation under a contract entered into by the Sec- retary of a military department under title VIII of the National Energy Conservation Policy Act, the Sec- retary of the military department concerned shall de- termine the amount of energy cost savings realized by the United States under the terms of the contract dur- ing that year by reason of the energy savings measures acquired and installed at that installation pursuant to that contract.’’ § 8287a. Payment of costs Any amount paid by a Federal agency pursu- ant to any contract entered into under this sub- chapter may be paid only from funds appro- priated or otherwise made available to the agen- cy for fiscal year 1986 or any fiscal year there- after for the payment of energy, water, or waste- water treatment expenses, including related op- erations and maintenance expense. (Pub. L. 95–619, title VIII, § 802, as added Pub. L. 99–272, title VII, § 7201(a), Apr. 7, 1986, 100 Stat. 142; amended Pub. L. 108–375, div. A, title X, § 1090(b), Oct. 28, 2004, 118 Stat. 2067; Pub. L. 116–260, div. Z, title I, § 1002(e), Dec. 27, 2020, 134 Stat. 2423.) Editorial Notes AMENDMENTS 2020—Pub. L. 116–260 substituted ‘‘, including related operations and maintenance expenses’’ for ‘‘(and re- lated operation and maintenance expenses)’’. 2004—Pub. L. 108–375 inserted ‘‘, water, or wastewater treatment’’ after ‘‘payment of energy’’. § 8287b. Reports Each Federal agency shall periodically furnish the Secretary of Energy with full and complete information on its activities under this sub- chapter, and the Secretary shall include in the report submitted to Congress under section 8260 1 of this title a description of the progress made by each Federal agency in— (1) including the authority provided by this subchapter in its contracting practices; and (2) achieving energy savings under contracts entered into under this subchapter. (Pub. L. 95–619, title VIII, § 803, as added Pub. L. 99–272, title VII, § 7201(a), Apr. 7, 1986, 100 Stat. 142.) Editorial Notes REFERENCES IN TEXT Section 8260 of this title, referred to in text, was omitted in the general revision of part B (§ 8251 et seq.) of subchapter III of this chapter by Pub. L. 100–615, § 2(a), Nov. 5, 1988, 102 Stat. 3185. § 8287c. Definitions For purposes of this subchapter, the following definitions apply: (1) The term ‘‘Federal agency’’ means each authority of the Government of the United States, whether or not it is within or subject to review by another agency. (2) The term ‘‘energy savings’’ means— (A) a reduction in the cost of energy, water, or wastewater treatment, from a base cost established through a methodology set forth in the contract, used in an existing Federal building (as defined in section 8259 of this title) as a result of— (i) the lease or purchase of operating equipment, improvements, altered oper- ation and maintenance, or technical serv- ices; (ii) the increased efficient use of existing energy sources by cogeneration or heat re- covery, excluding any cogeneration proc- ess for other than a Federal building (as defined in section 8259 of this title); or (iii) the increased efficient use of exist- ing water sources in either interior or ex- terior applications; (B) the increased efficient use of an exist- ing energy source by cogeneration or heat recovery; (C) if otherwise authorized by Federal or State law (including regulations), the sale or transfer of electrical or thermal energy gen- erated on-site from renewable energy sources or cogeneration, but in excess of Federal needs, to utilities or non-Federal en- ergy users; (D) the increased efficient use of existing water sources in interior or exterior applica- tions; (E) the use, sale, or transfer of any energy and water incentive, rebate, grid services revenue, or credit (including a renewable en- ergy certificate); and (F) any revenue generated from a reduc- tion in energy or water use, more efficient