specified in paragraph (1) in the preceding 
year, compared to a baseline of comparable 
buildings that meet this code, is not more than 
5 percent of the estimated energy use of all 
buildings covered by this code during the pre-
ceding year. 
‘‘(4) 
SIGNIFICANT
PROGRESS
TOWARD 
ACHIEVEMENT OF COMPLIANCE.—A State or Indian 
tribe shall be considered to have made significant 
progress toward achieving compliance for purposes 
of paragraph (1) if the State or Indian tribe has de-
veloped and is implementing a plan for achieving 
compliance during the 8-year period beginning on 
the date of enactment of this paragraph, including 
annual targets for compliance and active training 
and enforcement programs. 
‘‘(5) VALIDATION
BY
SECRETARY.—Not later 
than 90 days after a State or Indian tribe certifi-
cation under paragraph (1), the Secretary shall— 
‘‘(A) determine whether the State or In-
dian tribe has demonstrated meeting the cri-
teria of this subsection, including accurate 
measurement of compliance; 
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‘‘(B) determine whether the certification 
submitted by the State or Indian tribe is com-
plete; and 
‘‘(C) if the requirements of subparagraph 
(B) are satisfied, validate the certification. 
‘‘(6) LIMITATION.—Nothing in this section 
shall be interpreted to require a State or Indian 
tribe to adopt any building code or provision within 
a code. 
‘‘(d) STATES
OR INDIAN TRIBES THAT DO NOT 
ACHIEVE COMPLIANCE.— 
‘‘(1) REPORTING.—A State or Indian tribe that 
has not made a certification required under sub-
section (b) or (c) by the applicable deadline shall 
submit to the Secretary a report on the status of the 
State or Indian tribe with respect to meeting the re-
quirements and submitting the certification. 
‘‘(2) STATE
SOVEREIGNTY.—Nothing in this 
section shall be interpreted to require a State or In-
dian tribe to adopt any building code or provision 
within a code. 
‘‘(3) LOCAL
GOVERNMENT.—In any State or 
Indian tribe for which the Secretary has not vali-
dated a certification under subsection (b) or (c), a 
local government may be eligible for Federal support 
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by meeting the certification requirements of sub-
sections (b) and (c). 
‘‘(4) ANNUAL REPORTS BY SECRETARY.— 
‘‘(A) IN
GENERAL.—The Secretary shall 
annually submit to Congress, and publish in the 
Federal Register, a report on— 
‘‘(i) the status of model building en-
ergy codes; 
‘‘(ii) the status of code adoption and 
compliance in the States and Indian tribes; 
‘‘(iii) implementation of this section; 
and 
‘‘(iv) improvements in energy savings 
over time. 
‘‘(B) IMPACTS.—The report shall include 
estimates of impacts of past action under this 
section, and potential impacts of further action, 
on— 
‘‘(i) upfront financial and construction 
costs, cost benefits and returns (using a 
simple payback analysis); 
‘‘(ii) resulting energy costs to individ-
uals and businesses; and 
‘‘(iii) resulting overall annual building 
ownership and operating costs. 
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‘‘(e) TECHNICAL ASSISTANCE TO STATES AND IN-
DIAN TRIBES.— 
‘‘(1) IN GENERAL.—The Secretary shall, upon 
request, provide technical assistance to States and 
Indian tribes to implement the goals and require-
ments of this section, including procedures and tech-
nical analysis for States and Indian tribes— 
‘‘(A) to implement State residential and 
commercial building energy codes, including in-
creasing and verifying compliance with the 
codes and training of State, tribal, and local 
building code officials to implement and enforce 
the codes; and 
‘‘(B) to document the rate of compliance 
with a building energy code. 
‘‘(2) TECHNICAL ASSISTANCE.—The assistance 
shall include, as requested by the State or Indian 
tribe, technical assistance in— 
‘‘(A) evaluating the energy savings of 
building energy codes; 
‘‘(B) assessing the economic consider-
ations, referenced in section 307(c)(5), of im-
plementing building energy codes; 
‘‘(C) building energy analysis and design 
tools; 
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‘‘(D) energy simulation models; 
‘‘(E) building demonstrations; 
‘‘(F) developing the definitions of energy 
use intensity and building types for use in 
model building energy codes to evaluate the effi-
ciency impacts of the model building energy 
codes; and 
‘‘(G) complying with a performance-based 
pathway referenced in the model code. 
‘‘(3) EXCLUSION.—Technical assistance under 
this section— 
‘‘(A) shall not include actions that promote 
or discourage the adoption of a particular build-
ing energy code or code provision to a State or 
Indian tribe; and 
‘‘(B) shall not be provided for adoption 
and implementation of model building energy 
codes for which the Secretary has made a deter-
mination under section 307(f)(2)(C) that the 
code is not cost-effective. 
‘‘(4) INFORMATION
QUALITY
AND
TRANS-
PARENCY.—For purposes of this section, information 
provided by the Secretary, attendant to any tech-
nical assistance provided to a State or Indian tribe, 
is ‘influential information’ and shall satisfy the 
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guidelines established by the Office of Management 
and Budget and published in the Federal Register 
on February 22, 2002 (67 Fed. Reg. 8452). 
‘‘(5) TRAINING.—Support shall be offered to 
States to train State and local building code officials 
to implement and enforce model building energy 
codes. 
‘‘(6) LOCAL GOVERNMENTS.—States may work 
under this subsection with local governments that 
implement and enforce the codes. 
‘‘(7) STATES ADOPTING OTHER CODES.—Upon 
a State’s written request, technical assistance may 
be provided to States adopting an energy code other 
than a model building energy code. 
‘‘(f) VOLUNTARY PROGRAMS TO EXCEED MODEL 
BUILDING ENERGY CODE.— 
‘‘(1) IN GENERAL.—The Secretary shall provide 
technical assistance, as described in subsection (e), 
for the development of voluntary programs that ex-
ceed the model building energy codes for residential 
and commercial buildings for use as— 
‘‘(A) voluntary incentive programs adopted 
by local, tribal, or State governments; and 
‘‘(B) non-binding guidelines for energy-ef-
ficient building design. 
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‘‘(iii) an accounting of expenditures of 
the Federal funds under each program au-
thorized by the title or by amendments 
made by this title. 
‘‘(B) REPORT
TO
CONGRESS.—Not later 
than 3 years after the date of enactment of the 
Energy Savings and Building Efficiency Act of 
2017, the Comptroller General of the United 
States shall submit a report to the Committee 
on Energy and Natural Resources of the Senate 
and the Committee on Energy and Commerce 
of the House of Representatives including the 
study findings and conclusions. 
‘‘(2) FEASIBILITY STUDY.—The Secretary, in 
consultation with building science experts from the 
National Laboratories and institutions of higher 
education, designers and builders of energy-efficient 
residential and commercial buildings, code officials, 
and other stakeholders, shall undertake a study of 
the feasibility, impact, economics, and merit of— 
‘‘(A) code improvements that would require 
that buildings be designed, sited, and con-
structed in a manner that makes the buildings 
more adaptable in the future to become zero- 
net-energy after initial construction, as ad-
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vances are achieved in energy-saving tech-
nologies; 
‘‘(B) code procedures to incorporate a ten- 
year payback, not just first-year energy use, in 
trade-offs and performance calculations; and 
‘‘(C) legislative options for increasing en-
ergy savings from building energy codes, includ-
ing additional incentives for effective State and 
local verification of compliance with and en-
forcement of a code. 
‘‘(3) ENERGY DATA IN MULTI-TENANT BUILD-
INGS.—The Secretary, in consultation with appro-
priate representatives of the utility, utility regu-
latory, building ownership, and other stakeholders, 
shall— 
‘‘(A) undertake a study of best practices 
regarding delivery of aggregated energy con-
sumption information to owners and managers 
of residential and commercial buildings with 
multiple tenants and uses; and 
‘‘(B) consider the development of a memo-
randum of understanding between and among 
affected stakeholders to reduce barriers to the 
delivery of aggregated energy consumption in-
formation to such owners and managers. 
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‘‘(h) EFFECT ON OTHER LAWS.—Nothing in this sec-
tion or section 307 supersedes or modifies the application 
of sections 321 through 346 of the Energy Policy and 
Conservation Act (42 U.S.C. 6291 et seq.). 
‘‘(i) FUNDING
LIMITATIONS.—No Federal funds 
shall be used to support actions by the Secretary, or 
States, to promote or discourage the adoption of a par-
ticular building energy code or code provision to a State 
or Indian tribe; or be provided to private third parties or 
non-governmental organizations to engage in this type of 
advocacy.’’. 
(c) MODEL BUILDING ENERGY CODES.—Section 307 
of the Energy Conservation and Production Act (42 
U.S.C. 6836) is amended to read as follows: 
‘‘SEC. 307. SUPPORT FOR MODEL BUILDING ENERGY 
CODES. 
‘‘(a) IN GENERAL.—The Secretary shall provide tech-
nical assistance, as described in subsection (b), for updat-
ing of model building energy codes. 
‘‘(b) TECHNICAL ASSISTANCE TO MODEL BUILDING 
ENERGY CODE-SETTING AND STANDARD DEVELOPMENT 
ORGANIZATIONS.— 
‘‘(1) IN GENERAL.—The Secretary shall, on a 
timely basis, provide technical assistance to model 
building energy code-setting and standard develop-
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ment organizations consistent with the goals of this 
section. 
‘‘(2) TECHNICAL
ASSISTANCE.—The technical 
assistance shall include, as requested by the organi-
zations, technical assistance in— 
‘‘(A) evaluating the energy savings of 
building energy codes; 
‘‘(B) assessing the economic consider-
ations, under subsection (c)(5), of code or 
standards proposals or revisions; 
‘‘(C) building energy analysis and design 
tools; 
‘‘(D) energy simulation models; 
‘‘(E) building demonstrations; 
‘‘(F) developing definitions of energy use 
intensity and building types for use in model 
building energy codes to evaluate the efficiency 
impacts of the model building energy codes; 
‘‘(G) developing a performance-based path-
way for compliance; 
‘‘(H) developing model building energy 
codes by Indian tribes in accordance with tribal 
law; and 
‘‘(I) code development meetings, including 
through direct Federal employee participation 
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in committee meetings, hearings and online 
communication, voting, and presenting research 
and technical or economic analyses during such 
meetings. 
‘‘(3) EXCLUSION.—For purposes of this section, 
‘technical assistance’ shall not include actions that 
promote or discourage the adoption of a particular 
building energy code or code provision. Notwith-
standing this exclusion, the Secretary shall be per-
mitted to participate fully in code development ac-
tivities consistent with the paragraph (2)(I). 
‘‘(4) INFORMATION
QUALITY
AND
TRANS-
PARENCY.—For purposes of this section, information 
provided by the Secretary is ‘influential information’ 
and shall satisfy the guidelines established by the 
Office of Management and Budget and published in 
the Federal Register on February 22, 2002 (67 Fed. 
Reg. 8452). 
‘‘(c) AMENDMENT PROPOSALS.— 
‘‘(1) IN GENERAL.—The Secretary may submit 
to the model building energy code-setting and stand-
ard development organizations timely model building 
energy code amendment proposals, with supporting 
evidence, that— 
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