§8258 — Title 42 The Public Health and Welfare | U.S. Code

Summary

Agencies must send full reports to the Secretary at times the Secretary sets, but at least once a year. Those reports must say how the agency is doing on the goals in section 8253 and must describe the procedures and contracts the agency used under section 8256(a)(2) and subchapter VII, the energy and cost savings from those contracts, any risk of termination penalties, how saved money was used under section 8256(c), and any problems in making or using those contracts. The Secretary must send a report to the President and Congress not later than April 2 of each year for each fiscal year beginning after November 5, 1988. That report must cover overall activities and progress, include the list of exclusions from sections 8253(a)(2) and 8253(c)(3) and the material called for in section 8253(b)(2), a statement of funds given under section 8256(b) and the measures installed with projected savings (and for any measure that missed its projection, the percent missed, why, and plans and costs to fix it), the number of subchapter VII contracts and any problems and solutions, how agencies share energy information, the data required by section 8262g(d), and detailed status, amounts, guaranteed or estimated vs. measured savings, and next-year forecasts for agency energy savings and utility service contracts. The Secretary, with the GSA Administrator, must also study legal and other barriers to connecting federal buildings to district heating and cooling and must report findings and recommendations to Congress not later than 18 months after October 24, 1992.

Title 42, §8258

The Public Health and Welfare — Source: USLM XML via OLRC

(a)Each agency shall transmit a report to the Secretary, at times specified by the Secretary but at least annually, with complete information 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 penalty 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)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 achievement of the objectives of this part, including—

(A)a copy of the list of the exclusions made under section 8253(a)(2) and 8253(c)(3) of this title;

(B)the information required under section 8253(b)(2) 11 See References in Text note below. 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 savings to be realized from installed measures, and, for each installed measure for which the projected energy and water savings reported in the previous year were not realized, the percentage of such projected savings that was not realized, the reasons such savings were not realized, and proposals for, and projected costs of, achieving such projected savings in the future;

(2)the number of contracts entered into by all agencies under subchapter VII of this chapter, the difficulties (if any) encountered in attempting to enter into such contracts, and proposed solutions to those difficulties;

(3)the extent and nature of interagency exchange of information concerning the conservation 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 performance contracts and utility energy service contracts of each agency, to the extent that the information is not duplicative of information provided to the Secretary under a separate 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 compared 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 described 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 differences in the data compared under clause (i).

(c)The Secretary, in consultation with the Administrator of General Services, shall—

(1)conduct a study and evaluate legal, institutional, and other constraints to connecting buildings owned or leased by the Federal Government to district heating and district cooling systems; and

(2)not later than 18 months after October 24, 1992, transmit to the Congress a report containing the findings and conclusions of such study, including recommendations for the development of streamlined processes for the consideration of connecting buildings owned or leased by the Federal Government to district heating and cooling systems.

Notes & Related Subsidiaries

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 Congress on any noncompliance by an agency with the requirements 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 contracts”. 2005—Subsec. (b). Pub. L. 109–58 inserted “the President 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), substituted “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;”. Subsec. (c). Pub. L. 102–486, § 152(g)(2), added subsec. (c). 1988—Pub. L. 100–615 amended section generally, substituting 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 appropriate 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 AmendmentAmendment 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. Termination of Reporting RequirementsFor 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 subsequently amended, is contained in subsec. (b) of this section), see section 3003 of Pub. L. 104–66, as amended, set out as a note under section 1113 of Title 31, Money and Finance.

§8258 Reports

Summary

Title 42, §8258

Notes & Related Subsidiaries

Editorial Notes

References in Text

Amendments

Statutory Notes and Related Subsidiaries

Effective Date

Effective Date

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