---
kind: "section"
citation: "42 U.S.C. § 18803"
title: "42"
title_heading: "The Public Health and Welfare"
number: "18803"
heading: "Commercial building energy consumption information sharing"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/42/18803"
units:
  - "Chapter 162 — Energy Infrastructure"
  - "Subchapter V — Energy Efficiency and Building Infrastructure"
  - "Part B — Buildings"
---

# §18803. Commercial building energy consumption information sharing

- (a) **Definitions—** In this section:
  - (1) **Administrator—** The term “[Administrator](/usc/42/4005.md?p=1)” means the [Administrator](/usc/42/4005.md?p=1) of the Energy Information Administration.
  - (2) **Agreement—** The term “Agreement” means the agreement entered into under [subsection (b)](#b).
  - (3) **Survey—** The term “Survey” means the Commercial Building Energy Consumption Survey.
- (b) **Authorization of Agreement—** Not later than 120 days after November 15, 2021, the [Administrator](/usc/42/4005.md?p=1) and the [Administrator](/usc/42/4005.md?p=1) of the Environmental Protection [Agency](/usc/42/8262.md?p=1) shall sign, and submit to Congress, an information sharing agreement relating to commercial building energy consumption data.
- (c) **Content of Agreement—** The Agreement shall—
  - (1) provide, to the extent permitted by law, that—
    - (A) the [Administrator](/usc/42/4005.md?p=1) shall have access to building-specific data in the Portfolio Manager database of the Environmental Protection [Agency](/usc/42/8262.md?p=1); and
    - (B) the [Administrator](/usc/42/4005.md?p=1) of the Environmental Protection [Agency](/usc/42/8262.md?p=1) shall have access to building-specific data collected by the Survey;
  - (2) describe the manner in which the [Administrator](/usc/42/4005.md?p=1) shall use the data described in [paragraph (1)](#c-1) and [subsection (d)](#d);
  - (3) describe and compare—
    - (A) the methodologies that the Energy Information Administration, the Environmental Protection [Agency](/usc/42/8262.md?p=1), and [State](/usc/42/18791.md?p=3) and local government managers use to maximize the quality, reliability, and integrity of data collected through the Survey, the Portfolio Manager database of the Environmental Protection [Agency](/usc/42/8262.md?p=1), and [State](/usc/42/18791.md?p=3) and local building energy disclosure laws (including regulations), respectively, and the manner in which those methodologies can be improved; and
    - (B) consistencies and variations in data for the same buildings captured in—
      - (i)
        - (I) the 2018 Survey cycle; and
        - (II) each subsequent Survey cycle; and
      - (ii) the Portfolio Manager database of the Environmental Protection [Agency](/usc/42/8262.md?p=1); and
  - (4) consider whether, and the methods by which, the [Administrator](/usc/42/4005.md?p=1) may collect and publish new iterations of Survey data every 3 years—
    - (A) using the Survey processes of the [Administrator](/usc/42/4005.md?p=1); or
    - (B) as supplemented by information in the Portfolio Manager database of the Environmental Protection [Agency](/usc/42/8262.md?p=1).
- (d) **Data—** The data referred in [subsection (c)(2)](#c-2) includes data that—
  - (1) is collected through the Portfolio Manager database of the Environmental Protection [Agency](/usc/42/8262.md?p=1);
  - (2) is required to be publicly available on the internet under [State](/usc/42/18791.md?p=3) and local government building energy disclosure laws (including regulations); and
  - (3) includes information on private sector buildings that are not less than 250,000 square feet.
- (e) **Protection of information—** In carrying out the agreement, the [Administrator](/usc/42/4005.md?p=1) and the [Administrator](/usc/42/4005.md?p=1) of the Environmental Protection [Agency](/usc/42/8262.md?p=1) shall protect information in accordance with—
  - (1) [section 552(b)(4) of title 5](/usc/5/552.md?p=b-4) (commonly known as the “Freedom of Information Act”);
  - (2) subchapter III of [chapter 35](/usc/44/chch35.md) of title 44; and
  - (3) any other applicable law (including regulations).

## Source credit

(Pub. L. 117–58, div. D, title V, § 40514, Nov. 15, 2021, 135 Stat. 1061.)

## Notes

### Statutory Notes and Related Subsidiaries

### Wage Rate Requirements

For provisions relating to rates of wages to be paid to laborers and mechanics on projects for construction, alteration, or repair work funded under div. D or an amendment by div. D of Pub. L. 117–58, including authority of Secretary of Labor, see section 18851 of this title.