42 U.S.C. § 18811 — Commercial building energy consumption information sharing

**(a) Definitions** In this section: (1) **Administrator** — The term “Administrator” means the Administrator of the Energy Information Administration. (2) **Agreement** — The term “Agreement” means the agreement entered into under subsection (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 and the Administrator of the Environmental Protection Agency 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 shall have access to building-specific data in the Portfolio Manager database of the Environmental Protection Agency; and (B) the Administrator of the Environmental Protection Agency shall have access to building-specific data collected by the Survey; (2) describe the manner in which the Administrator shall use the data described in paragraph (1) and subsection (d); (3) describe and compare— (A) the methodologies that the Energy Information Administration, the Environmental Protection Agency, and State 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, and State 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; and (4) consider whether, and the methods by which, the Administrator may collect and publish new iterations of Survey data every 3 years— (A) using the Survey processes of the Administrator; or (B) as supplemented by information in the Portfolio Manager database of the Environmental Protection Agency. **(d) Data** The data referred in subsection (c)(2) includes data that— (1) is collected through the Portfolio Manager database of the Environmental Protection Agency; (2) is required to be publicly available on the internet under State 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 and the Administrator of the Environmental Protection Agency shall protect information in accordance with— (1) [section 552(b)(4) of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section552/b/4&num=0&edition=prelim) (commonly known as the “Freedom of Information Act”); (2) subchapter III of chapter 35 of title 44; and (3) any other applicable law (including regulations).