PUBLIC LAW 109–58—AUG. 8, 2005
119 STAT. 607
National Energy Conservation Policy Act (42 U.S.C. 8253(a)(1)), as amended by this subsection, supersede all previous goals and baselines under such paragraph, and related reporting requirements. (b) REVIEW AND REVISION OF ENERGY PERFORMANCE REQUIREMENT.—Section 543(a) of the National Energy Conservation Policy Act (42 U.S.C. 8253(a)) is further amended by adding at the end the following: ‘‘(3) Not later than December 31, 2014, the Secretary shall review the results of the implementation of the energy performance requirement established under paragraph (1) and submit to Congress recommendations concerning energy performance requirements for fiscal years 2016 through 2025.’’. (c) EXCLUSIONS.—Section 543(c)(1) of the National Energy Conservation Policy Act (42 U.S.C. 8253(c)(1)) is amended by striking ‘‘An agency may exclude’’ and all that follows through the end and inserting ‘‘(A) An agency may exclude, from the energy performance requirement for a fiscal year established under subsection (a) and the energy management requirement established under subsection (b), any Federal building or collection of Federal buildings, if the head of the agency finds that— ‘‘(i) compliance with those requirements would be impracticable; ‘‘(ii) the agency has completed and submitted all federally required energy management reports; ‘‘(iii) the agency has achieved compliance with the energy efficiency requirements of this Act, the Energy Policy Act of 1992, Executive orders, and other Federal law; and ‘‘(iv) the agency has implemented all practicable, life cycle cost-effective projects with respect to the Federal building or collection of Federal buildings to be excluded. ‘‘(B) A finding of impracticability under subparagraph (A)(i) shall be based on— ‘‘(i) the energy intensiveness of activities carried out in the Federal building or collection of Federal buildings; or ‘‘(ii) the fact that the Federal building or collection of Federal buildings is used in the performance of a national security function.’’. (d) REVIEW BY SECRETARY.—Section 543(c)(2) of the National Energy Conservation Policy Act (42 U.S.C. 8253(c)(2)) is amended— (1) by striking ‘‘impracticability standards’’ and inserting ‘‘standards for exclusion’’; (2) by striking ‘‘a finding of impracticability’’ and inserting ‘‘the exclusion’’; and (3) by striking ‘‘energy consumption requirements’’ and inserting ‘‘requirements of subsections (a) and (b)(1)’’. (e) CRITERIA.—Section 543(c) of the National Energy Conservation Policy Act (42 U.S.C. 8253(c)) is further amended by adding at the end the following: ‘‘(3) Not later than 180 days after the date of enactment of this paragraph, the Secretary shall issue guidelines that establish criteria for exclusions under paragraph (1).’’. (f) RETENTION OF ENERGY AND WATER SAVINGS.—Section 546 of the National Energy Conservation Policy Act (42 U.S.C. 8256) is amended by adding at the end the following new subsection: ‘‘(e) RETENTION OF ENERGY AND WATER SAVINGS.—An agency may retain any funds appropriated to that agency for energy
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