---
kind: "section"
citation: "42 U.S.C. § 17081"
title: "42"
title_heading: "The Public Health and Welfare"
number: "17081"
heading: "Commercial high-performance green buildings"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/42/17081"
units:
  - "Chapter 152 — Energy Independence and Security"
  - "Subchapter III — Energy Savings in Buildings and Industry"
  - "Part B — High-Performance Commercial Buildings"
---

# §17081. Commercial high-performance green buildings

- (a) **Director of Commercial High-Performance Green Buildings—** Notwithstanding any other provision of law, the [Secretary](/usc/42/17001.md?p=3), acting through the Assistant [Secretary](/usc/42/17001.md?p=3) of Energy Efficiency and Renewable Energy, shall appoint a [Director](/usc/42/11851.md?p=5) of Commercial [High-Performance Green Buildings](/usc/42/17061.md?p=13) to a position in the career-reserved Senior Executive service, with the principal responsibility to—
  - (1) establish and manage the [Office of Commercial High-Performance Green Buildings](/usc/42/17061.md?p=17); and
  - (2) carry out other duties as required under this part.
- (b) **Qualifications—** The [Commercial Director](/usc/42/17061.md?p=3) shall be an individual, who by reason of professional background and experience, is specifically qualified to carry out the duties required under this part.
- (c) **Duties—** The [Commercial Director](/usc/42/17061.md?p=3) shall, with respect to development of [high-performance green buildings](/usc/42/17061.md?p=13) and zero-energy commercial buildings nationwide—
  - (1) coordinate the activities of the [Office of Commercial High-Performance Green Buildings](/usc/42/17061.md?p=17) with the activities of the [Office of Federal High-Performance Green Buildings](/usc/42/17061.md?p=18);
  - (2) develop the legal predicates and agreements for, negotiate, and establish one or more public-private partnerships with the [Consortium](/usc/42/17061.md?p=4), members of the [Consortium](/usc/42/17061.md?p=4), and other capable parties meeting the qualifications of the [Consortium](/usc/42/17061.md?p=4), to further such development;
  - (3) represent the public and the [Department](/usc/42/17001.md?p=1) in negotiating and performing in accord with such public-private partnerships;
  - (4) use appropriated funds in an effective manner to encourage the maximum investment of private funds to achieve such development;
  - (5) promote research and development of [high-performance green buildings](/usc/42/17061.md?p=13), consistent with [section 17083 of this title](/usc/42/17083.md); and
  - (6) jointly establish with the [Federal Director](/usc/42/17061.md?p=7) a national [high-performance green building](/usc/42/17061.md?p=13) clearinghouse in accordance with [section 17083(1) of this title](/usc/42/17083.md?p=1), which shall provide [high-performance green building](/usc/42/17061.md?p=13) information and disseminate research results through—
    - (A) outreach;
    - (B) education; and
    - (C) the provision of technical assistance.
- (d) **Reporting—** The [Commercial Director](/usc/42/17061.md?p=3) shall report directly to the Assistant [Secretary](/usc/42/17001.md?p=3) for Energy Efficiency and Renewable Energy, or to other senior officials in a way that facilitates the integrated [program](/usc/42/17151.md?p=5) of this part for both energy efficiency and renewable energy and both technology development and technology deployment.
- (e) **Coordination—** The [Commercial Director](/usc/42/17061.md?p=3) shall ensure full coordination of [high-performance green building](/usc/42/17061.md?p=13) information and activities, including activities under this part, within the Federal Government by working with the General Services Administration and all relevant [agencies](/usc/42/8262.md?p=1), including, at a minimum—
  - (1) the Environmental Protection [Agency](/usc/42/8262.md?p=1);
  - (2) the Office of the Federal Environmental Executive;
  - (3) the Office of Federal Procurement Policy;
  - (4) the [Department](/usc/42/17001.md?p=1) of Energy, particularly the Federal Energy Management [Program](/usc/42/17151.md?p=5);
  - (5) the [Department](/usc/42/17001.md?p=1) of Health and Human Services;
  - (6) the [Department](/usc/42/17001.md?p=1) of Housing and Urban Development;
  - (7) the [Department](/usc/42/17001.md?p=1) of Defense;
  - (8) the National Institute of Standards and Technology;
  - (9) the [Department](/usc/42/17001.md?p=1) of Transportation;
  - (10) the Office of Science Technology and Policy; and
  - (11) such [nonprofit](/usc/42/300s–3.md?p=3) [high-performance green building](/usc/42/17061.md?p=13) rating and analysis entities as the [Commercial Director](/usc/42/17061.md?p=3) determines can offer support, expertise, and review services.
- (f) **High-Performance Green Building Partnership Consortium—**
  - (1) **Recognition—** Not later than 90 days after December 19, 2007, the [Commercial Director](/usc/42/17061.md?p=3) shall formally recognize one or more groups that qualify as a [high-performance green building](/usc/42/17061.md?p=13) partnership [consortium](/usc/42/17061.md?p=4).
  - (2) **Representation to qualify—** To qualify under this section, any [consortium](/usc/42/17061.md?p=4) shall include representation from—
    - (A) the design professions, including national associations of architects and of professional engineers;
    - (B) the development, [construction](/usc/42/300s–3.md?p=7), financial, and real estate industries;
    - (C) building [owners](/usc/42/13641.md?p=4) and operators from the public and private sectors;
    - (D) academic and research organizations, including at least one [national laboratory](/usc/42/17211.md?p=4) with extensive commercial building energy expertise;
    - (E) building code [agencies](/usc/42/8262.md?p=1) and organizations, including a model energy code-setting organization;
    - (F) independent [high-performance green building](/usc/42/17061.md?p=13) associations or councils;
    - (G) experts in indoor air quality and environmental factors;
    - (H) experts in intelligent buildings and integrated building information systems;
    - (I) utility energy efficiency [programs](/usc/42/17151.md?p=5);
    - (J) manufacturers and providers of equipment and techniques used in [high-performance green buildings](/usc/42/17061.md?p=13);
    - (K) public transportation industry experts; and
    - (L) nongovernmental energy efficiency organizations.
  - (3) **Funding—** The [Secretary](/usc/42/17001.md?p=3) may make payments to the [Consortium](/usc/42/17061.md?p=4) pursuant to the terms of a public-private partnership for such activities of the [Consortium](/usc/42/17061.md?p=4) undertaken under such a partnership as described in this part directly to the [Consortium](/usc/42/17061.md?p=4) or through one or more of its members.
- (g) **Report—** Not later than 2 years after December 19, 2007, and biennially thereafter, the [Commercial Director](/usc/42/17061.md?p=3), in consultation with the [Consortium](/usc/42/17061.md?p=4), shall submit to Congress a report that—
  - (1) describes the status of the [high-performance green building](/usc/42/17061.md?p=13) initiatives under this part and other Federal [programs](/usc/42/17151.md?p=5) affecting commercial [high-performance green buildings](/usc/42/17061.md?p=13) in effect as of the date of the report, including—
    - (A) the extent to which the [programs](/usc/42/17151.md?p=5) are being carried out in accordance with this part; and
    - (B) the status of funding requests and appropriations for those [programs](/usc/42/17151.md?p=5); and
  - (2) summarizes and highlights development, at the [State](/usc/42/17151.md?p=6) and local level, of [high-performance green building](/usc/42/17061.md?p=13) initiatives, including executive orders, policies, or laws adopted promoting [high-performance green building](/usc/42/17061.md?p=13) (including the status of implementation of those initiatives).

## Source credit

(Pub. L. 110–140, title IV, § 421, Dec. 19, 2007, 121 Stat. 1602.)

## Notes

### Statutory Notes and Related Subsidiaries

### Effective Date

Section effective on the date that is 1 day after Dec. 19, 2007, see section 1601 of Pub. L. 110–140, set out as a note under section 1824 of Title 2, The Congress.

### Executive Documents

### Change of Name

Office of the Federal Environmental Executive reestablished as the Office of the Chief Sustainability Officer by Ex. Ord. No. 13693, § 6, Mar. 19, 2015, 80 F.R. 15877, formerly set out in a note under section 4321 of this title.