42 U.S.C. § 8258 — Reports

Page 7562 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 8258 1 See References in Text note below. agency Energy Management Task Force for provisions relating to energy audits and retrofitting of existing Federal buildings. § 8258. Reports (a) Reports to Secretary Each agency shall transmit a report to the Secretary, at times specified by the Secretary but at least annually, with complete informa- tion on its activities under this part, including information on— (1) the agency’s progress in achieving the goals established by section 8253 of this title; and (2) the procedures being used by the agency pursuant to section 8256(a)(2) of this title, the number of contracts entered into by such agency under subchapter VII of this chapter, the energy and cost savings that have resulted from such contracts and any termination pen- alty exposure, the use of such cost savings under section 8256(c) of this title, and any problem encountered in entering into such contracts and otherwise implementing section 8256 of this title. (b) Reports to the President and Congress The Secretary shall report, not later than April 2 of each year, with respect to each fiscal year beginning after November 5, 1988, to the President and Congress— (1) on all activities carried out under this part and on the progress made toward achieve- ment of the objectives of this part, including— (A) a copy of the list of the exclusions made under sections 8253(a)(2) and 8253(c)(3) of this title; (B) the information required under section 8253(b)(2) 1 of this title; and (C) a statement detailing the amount of funds awarded to each agency under section 8256(b) of this title, the energy and water conservation measures installed with such funds, the projected energy and water sav- ings to be realized from installed measures, and, for each installed measure for which the projected energy and water savings re- ported in the previous year were not real- ized, the percentage of such projected sav- ings that was not realized, the reasons such savings were not realized, and proposals for, and projected costs of, achieving such pro- jected savings in the future; (2) the number of contracts entered into by all agencies under subchapter VII of this chap- ter, the difficulties (if any) encountered in at- tempting to enter into such contracts, and proposed solutions to those difficulties; (3) the extent and nature of interagency ex- change of information concerning the con- servation and efficient utilization of energy; (4) the information required under section 8262g(d) of this title; and (5)(A) the status of the energy savings per- formance contracts and utility energy service contracts of each agency, to the extent that the information is not duplicative of informa- tion provided to the Secretary under a sepa- rate authority; (B) the quantity and investment value of the contracts for the previous year; (C) the guaranteed energy savings, or for contracts without a guarantee, the estimated energy savings, for the previous year, as com- pared to the measured energy savings for the previous year; (D) a forecast of the estimated quantity and investment value of contracts anticipated in the following year for each agency; and (E)(i) a comparison of the information de- scribed in subparagraph (B) and the forecast described in subparagraph (D) in the report of the previous year; and (ii) if applicable, the reasons for any dif- ferences in the data compared under clause (i). (c) Other report The Secretary, in consultation with the Ad- ministrator of General Services, shall— (1) conduct a study and evaluate legal, insti- tutional, and other constraints to connecting buildings owned or leased by the Federal Gov- ernment to district heating and district cool- ing systems; and (2) not later than 18 months after October 24, 1992, transmit to the Congress a report con- taining the findings and conclusions of such study, including recommendations for the de- velopment of streamlined processes for the consideration of connecting buildings owned or leased by the Federal Government to dis- trict heating and cooling systems. (Pub. L. 95–619, title V, § 548, Nov. 9, 1978, 92 Stat. 3279; Pub. L. 100–615, § 2(a), Nov. 5, 1988, 102 Stat. 3187; Pub. L. 102–486, title I, § 152(g), (i)(1), Oct. 24, 1992, 106 Stat. 2848, 2851; Pub. L. 104–66, title I, § 1052(d), Dec. 21, 1995, 109 Stat. 718; Pub. L. 109–58, title I, § 102(g), Aug. 8, 2005, 119 Stat. 608; Pub. L. 110–140, title V, § 511(b), Dec. 19, 2007, 121 Stat. 1658; Pub. L. 116–260, div. Z, title I, § 1002(a), Dec. 27, 2020, 134 Stat. 2422.) Editorial Notes REFERENCES IN TEXT Section 8253(b)(2) of this title, referred to in subsec. (b)(1)(B), was repealed, and a new section 8253(b)(2) was added which required the Secretary to report to Con- gress on any noncompliance by an agency with the re- quirements of section 8253(b)(1) of this title not later than January 1, 2022, and every 2 years thereafter, by Pub. L. 116–260, div. Z, title I, § 1002(g)(2)(B), Dec. 27, 2020, 134 Stat. 2423. AMENDMENTS 2020—Subsec. (b)(5). Pub. L. 116–260 added par. (5). 2007—Subsec. (a)(2). Pub. L. 110–140 inserted ‘‘and any termination penalty exposure’’ after ‘‘from such con- tracts’’. 2005—Subsec. (b). Pub. L. 109–58 inserted ‘‘the Presi- dent and’’ before ‘‘Congress’’ in heading and ‘‘President and’’ before ‘‘Congress’’ in introductory provisions. 1995—Subsec. (b)(1). Pub. L. 104–66, § 1052(d)(1), added subpar. (B) and redesignated former subpar. (B) as (C). Subsec. (b)(4). Pub. L. 104–66, § 1052(d)(2)–(4), added par. (4). 1992—Subsec. (a)(2). Pub. L. 102–486, § 152(i)(1)(A), sub- stituted ‘‘8256(a)(2)’’ for ‘‘8256(b)’’. Subsec. (b). Pub. L. 102–486, § 152(i)(1)(B), substituted ‘‘, not later than April 2 of each year,’’ for ‘‘annually,’’. Subsec. (b)(1). Pub. L. 102–486, § 152(g)(1), substituted ‘‘including—’’ and subpars. (A) and (B) for ‘‘including a copy of the list of the exclusions made under section 8253(a)(2) of this title;’’. Page 7563 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 8258a Subsec. (c). Pub. L. 102–486, § 152(g)(2), added subsec. (c). 1988—Pub. L. 100–615 amended section generally, sub- stituting provisions relating to reports to Secretary and Congress for former requirement that in leasing Federal buildings for its own use or that of another Federal agency, each Federal agency should give appro- priate preference to buildings which used solar heating and cooling equipment or other renewable energy sources or which otherwise minimized life cycle costs. 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 sec- tion 1824 of Title 2, The Congress. TERMINATION OF REPORTING REQUIREMENTS For termination, effective May 15, 2000, of provisions of law requiring submittal to Congress of any annual, semiannual, or other regular periodic report listed in House Document No. 103–7 (in which the 16th item on page 89 identifies a reporting provision which, as subse- quently amended, is contained in subsec. (b) of this sec- tion), see section 3003 of Pub. L. 104–66, as amended, set out as a note under section 1113 of Title 31, Money and Finance. § 8258a. Demonstration of new technology (a) Demonstration program Not later than January 1, 1994, the Secretary, in cooperation with the Administrator of Gen- eral Services, shall establish a demonstration program to install, in federally owned facilities or federally assisted housing, energy conserva- tion measures for which the Secretary has de- termined that such installation would accel- erate commercial viability. In those cases where technologies are determined to be equivalent, priority shall be given to those technologies that have received or are receiving Federal fi- nancial assistance. (b) Selection criteria In addition to the determination under sub- section (a), the Secretary shall select, in co- operation with the Administrator of General Services, proposals to be funded under this sec- tion on the basis of— (1) cost-effectiveness; (2) technical feasibility and system reli- ability in a working environment; (3) lack of market penetration in the Federal sector; (4) the potential needs of the proposing Fed- eral agency for the technology, projected over 5 to 10 years; (5) the potential Federal sector market, pro- jected over 5 to 10 years; (6) energy efficiency; and (7) other environmental benefits, including the projected reduction of greenhouse gas emissions and indoor air pollution. (c) Proposals Federal agencies may submit to the Secretary, for each fiscal year, proposals for projects to be funded by the Secretary under this section. Each such proposal shall include— (1) a description of the proposed project em- phasizing the innovative use of technology in the Federal sector; (2) a description of the technical reliability and cost-effectiveness data expected to be ac- quired; (3) an identification of the potential needs of the Federal agency for the technology; (4) a commitment to adopt the technology, if the project establishes its technical reliability and life cycle cost-effectiveness, to supply at least 10 percent of the Federal agency’s poten- tial needs identified under paragraph (3); (5) schedules and milestones for installing additional units; and (6) a technology transfer plan to publicize the results of the project. (d) Participation by GSA The Secretary may only select a project for funding under this section which is proposed to be carried out in a building under the jurisdic- tion of the General Services Administration if the project will be carried out by the Adminis- trator of General Services. If such project in- volves a total expenditure in excess of $1,600,000, no appropriation shall be made for such project unless such project has been approved by a reso- lution adopted by the Committee on Public Works and Transportation of the House of Rep- resentatives and the Committee on Environ- ment and Public Works of the Senate. (e) Study The Secretary shall conduct a study to evalu- ate the potential use of the purchasing power of the Federal Government to promote the devel- opment and commercialization of energy effi- cient products. The study shall identify prod- ucts for which there is a high potential for Fed- eral purchasing power to substantially promote their development and commercialization, and shall include a plan to develop such potential. The study shall be conducted in consultation with utilities, manufacturers, and appropriate nonprofit organizations concerned with energy efficiency. The Secretary shall report to the Congress on the results of the study not later than two years after October 24, 1992. (f) Authorization of appropriations There are authorized to be appropriated to the Secretary for carrying out this section $5,000,000 for each of the fiscal years 1993, 1994, and 1995. (Pub. L. 95–619, title V, § 549, as added Pub. L. 102–486, title I, § 152(h)(2), Oct. 24, 1992, 106 Stat. 2848.) Editorial Notes PRIOR PROVISIONS A prior section 549 of Pub. L. 95–619 was renumbered section 551 and is classified to section 8259 of this title. Statutory Notes and Related Subsidiaries CHANGE OF NAME Committee on Public Works and Transportation of House of Representatives treated as referring to Com- mittee on Transportation and Infrastructure of House of Representatives by section 1(a) of Pub. L. 104–14, set out as a note preceding section 21 of Title 2, The Con- gress.