118 STAT. 2067 PUBLIC LAW 108–375—OCT. 28, 2004 ‘‘(II) any other Federal agency, or any provi sional authority, to the extent such employment relates to supporting the mission of the Depart ment of Defense overseas;’’. SEC. 1089. DEFINITION OF UNITED STATES FOR PURPOSES OF FED ERAL CRIME OF TORTURE. Section 2340(3) of title 18, United States Code, is amended to read as follows: ‘‘(3) ‘United States’ means the several States of the United States, the District of Columbia, and the commonwealths, terri tories, and possessions of the United States.’’. SEC. 1090. ENERGY SAVINGS PERFORMANCE CONTRACTS. (a) IN GENERAL.—Section 801(c) of the National Energy Con servation Policy Act (42 U.S.C. 8287(c)) is amended by striking ‘‘2003’’ and inserting ‘‘2006’’. (b) PAYMENT OF COSTS.—Section 802 of the National Energy Conservation Policy Act (42 U.S.C. 8287a) is amended by inserting ‘‘, water, or wastewater treatment’’ after ‘‘payment of energy’’. (c) ENERGY SAVINGS.—Section 804(2) of the National Energy Conservation Policy Act (42 U.S.C. 8287c(2)) is amended to read as follows: ‘‘(2) The term ‘energy savings’ means 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 federally owned building or buildings or other federally owned facilities as a result of— ‘‘(A) the lease or purchase of operating equipment, improvements, altered operation and maintenance, or tech nical services; ‘‘(B) the increased efficient use of existing energy sources by cogeneration or heat recovery, excluding any cogeneration process for other than a federally owned building or buildings or other federally owned facilities; or ‘‘(C) the increased efficient use of existing water sources in either interior or exterior applications.’’. (d) ENERGY SAVINGS CONTRACT.—Section 804(3) of the National Energy Conservation Policy Act (42 U.S.C. 8287c(3)) is amended to read as follows: ‘‘(3) The terms ‘energy savings contract’ and ‘energy savings performance contract’ mean a contract that provides for the performance of services for the design, acquisition, installation, testing, and, where appropriate, operation, maintenance, and repair, of an identified energy or water conservation measure or series of measures at 1 or more locations. Such contracts shall, with respect to an agency facility that is a public building (as such term is defined in section 3301 of title 40, United States Code), be in compliance with the prospectus require ments and procedures of section 3307 of title 40, United States Code.’’. (e) ENERGY OR WATER CONSERVATION MEASURE.—Section 804(4) of the National Energy Conservation Policy Act (42 U.S.C. 8287c(4)) is amended to read as follows: ‘‘(4) The term ‘energy or water conservation measure’ means—
�
