106 STAT. 2852 PUBLIC LAW 102-486—OCT. 24, 1992 "(iii) amounts the Administrator determines are not needed for other authorized projects and are otherwise available to implement energy effiaency programs. "(SXA) The Administrator is authorized to receive amounts from the sale of recycled materials and shall deposit such amounts in the Federal Buildings Fund for use as provided in subparagraph (B). "(B) The Administrator may, in addition to amounts appropriated for such purposes and without regard to paragraph (2), obligate amounts received and deposited in the Federal Buildings Fund under subparagraph (A) for programs which— "(i) promote further source reduction and recycling programs; and "(ii) encourage employees to participate in recycling programs by providing funding for child care.. 42 USC 8262a. SEC. 154. REPORT BY GENERAL SERVICES ADMINISTRATION. Not later than one year after the date of the enactment of this Act, and annually thereafter, the Administrator of General Services shall report to the Committee on Governmental Affairs and the Committee on Energy and Natural Resources of the Senate and the Committee on Energy and Commerce, the Committee on Government Operations, and the Committee on Public Works and Transportation of the House of Representatives on the activities of the General Services Administration conducted pursuant to this subtitle. SEC. 155. ENERGY SAVINGS PERFORMANCE CONTRACTS. (a) IN GENERAL.—Section 801 of the National Energy Conservation Policy Act (42 U.S.C. 8287) is amended— (1) by striking The head" and inserting the following: "(a) IN GENERAL. —<1) The head"; and (2) by inserting at the end the following: "(2)(A) Contracts under this title shall be energy savings performance contracts and shall require an annual energy audit and specify the terms and conditions of any (jovernment payments and performance guarantees. Any such perrormance guarantee shall provide that the contractor is responsible for maintenance and repair services for any energy related equipment, including computer software systems. "(B) Aggregate annual payments by an agency to both utilities and energy savings performance contractors, under an energy savings peirormance contract, may not exceed the amount that the agency would have paid for utilities without an energy savings performance contract (as estimated through the procedures developed pursuant 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 savings exceed the debt service requirements. "(D) A Federal agency may enter into a multiyear contract under this title for a period not to exceed 25 years, without funding of cancellation charges before cancellation, if— ' "(i) such contract was awarded in a competitive manner pursuant to subsection (b)(2), using procedures and methods established under this title;
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