Collapse to view only § 6867. Administration of projects receiving financial assistance
- § 6861. Congressional findings and purpose
- § 6862. Definitions
- § 6863. Weatherization program
- § 6864. Financial assistance
- § 6864a. Private sector investments
- § 6864b. Technical transfer grants
- § 6864c. Contractor optimization
- § 6864d. Financial assistance for WAP enhancement and innovation
- § 6864e. Hiring
- § 6865. Limitations on financial assistance
- § 6866. Monitoring and evaluation of funded projects; technical assistance; limitation on assistance
- § 6867. Administration of projects receiving financial assistance
- § 6868. Approval of application or amendment for financial assistance; administrative procedures applicable
- § 6869. Judicial review of final action by Secretary on application
- § 6870. Prohibition against discrimination; notification to funded project of violation; penalties for failure to comply
- § 6871. Annual report by Secretary and Director to President and Congress on weatherization program
- § 6872. Authorization of appropriations
- § 6873. Availability of labor
§ 6861. Congressional findings and purpose
(a) The Congress finds that—
(1) a fast, cost-effective, and environmentally sound way to prevent future energy shortages in the United States while reducing the Nation’s dependence on imported energy supplies, is to encourage and facilitate, through major programs, the implementation of energy conservation and renewable-resource energy measures with respect to dwelling units;
(2) existing efforts to encourage and facilitate such measures are inadequate because—
(A) many dwellings owned or occupied by low-income persons are energy inefficient;
(B) low-income persons can least afford to make the modifications necessary to provide for efficient energy equipment in such dwellings and otherwise to improve the energy efficiency of such dwellings;
(3) weatherization of such dwellings would lower shelter costs in dwellings owned or occupied by low-income persons as well as save energy and reduce future energy capacity requirements; and
(4) States, through Community Action Agencies established under the Economic Opportunity Act of 1964 [42 U.S.C. 2701 et seq.] and units of general purpose local government, should be encouraged, with Federal financial and technical assistance, to develop and support coordinated weatherization programs designed to alleviate the adverse effects of energy costs on such low-income persons, to supplement other Federal programs serving such low-income persons, and to increase energy efficiency.
(b) It is, therefore, the purpose of this part to develop and implement a weatherization assistance program to increase the energy efficiency of dwellings owned or occupied by low-income persons, reduce their total residential energy expenditures, and improve their health and safety, especially low-income persons who are particularly vulnerable such as the elderly, the handicapped, and children.
(Pub. L. 94–385, title IV, § 411, Aug. 14, 1976, 90 Stat. 1151; Pub. L. 101–440, § 7(j), Oct. 18, 1990, 104 Stat. 1015.)
§ 6862. DefinitionsAs used in this part:
(1) The term “Secretary” means the Secretary of Energy.
(2) The term “Director” means the Director of the Community Services Administration.
(3) The term “elderly” means any individual who is 60 years of age or older.
(4) The term “Governor” means the chief executive officer of a State (including the Mayor of the District of Columbia).
(5) The term “handicapped person” means any individual (A) who is an individual with a disability, as defined in section 705 of title 29, (B) who is under a disability as defined in section 1614(a)(3)(A) or 223(d)(1) of the Social Security Act [42 U.S.C. 1382c(a)(3)(A), 423(d)(1)] or in section 102(7) 1
1 See References in Text note below.
of the Developmental Disabilities Services and Facilities Construction Act [42 U.S.C. 6001(7)], or (C) who is receiving benefits under chapter 11 or 15 of title 38.(6) The terms “Indian”, “Indian tribe”, and “tribal organization” have the meanings prescribed for such terms by section 3002 of this title.
(7) The term “low-income” means that income in relation to family size which (A) is at or below 200 percent of the poverty level determined in accordance with criteria established by the Director of the Office of Management and Budget, except that the Secretary may establish a higher level if the Secretary, after consulting with the Secretary of Agriculture and the Director of the Community Services Administration, determines that such a higher level is necessary to carry out the purposes of this part and is consistent with the eligibility criteria established for the weatherization program under section 2809(a)(12) of this title, (B) is the basis on which cash assistance payments have been paid during the preceding 12-month period under titles IV and XVI of the Social Security Act [42 U.S.C. 601 et seq., 1381 et seq.] or applicable State or local law, or (C) if a State elects, is the basis for eligibility for assistance under the Low-Income Home Energy Assistance Act of 1981 (42 U.S.C. 8621), provided that such basis is at least 200 percent of the poverty level determined in accordance with criteria established by the Director of the Office of Management and Budget.
(8)State.—The term “State” means—
(A) a State;
(B) the District of Columbia;
(C) the Commonwealth of Puerto Rico; and
(D) any other territory or possession of the United States.
(9) The term “weatherization materials” means—
(A) caulking and weatherstripping of doors and windows;
(B) furnace efficiency modifications, including, but not limited to—
(i) replacement burners, furnaces, or boilers or any combination thereof;
(ii) devices for minimizing energy loss through heating system, chimney, or venting devices; and
(iii) electrical or mechanical furnace ignition systems which replace standing gas pilot lights;
(C) clock thermostats;
(D) ceiling, attic, wall, floor, and duct insulation;
(E) water heater insulation;
(F) storm windows and doors, multiglazed windows and doors, heat-absorbing or heat-reflective window and door materials;
(G) cooling efficiency modifications, including, but not limited to, replacement air-conditioners, ventilation equipment, screening, window films, and shading devices;
(H) solar thermal water heaters;
(I) wood-heating appliances; and
(J) such other insulating or energy conserving devices or technologies, including renewable energy technologies and other advanced technologies, as the Secretary may determine, after consulting with the Secretary of Housing and Urban Development.
(Pub. L. 94–385, title IV, § 412, Aug. 14, 1976, 90 Stat. 1152; Pub. L. 95–602, title I, § 122(e), Nov. 6, 1978, 92 Stat. 2987; Pub. L. 95–619, title II, § 231(a)(1), (b)(2), Nov. 9, 1978, 92 Stat. 3224, 3225; Pub. L. 96–294, title V, § 577(1), (2), June 30, 1980, 94 Stat. 760; Pub. L. 98–558, title IV, §§ 401, 402, Oct. 30, 1984, 98 Stat. 2887; Pub. L. 100–242, title V, § 570(d), Feb. 5, 1988, 101 Stat. 1950; Pub. L. 101–440, § 7(a), Oct. 18, 1990, 104 Stat. 1012; Pub. L. 102–486, title I, § 142(b), Oct. 24, 1992, 106 Stat. 2843; Pub. L. 105–220, title IV, § 414(f), Aug. 7, 1998, 112 Stat. 1242; Pub. L. 109–58, title I, § 122(b), Aug. 8, 2005, 119 Stat. 616; Pub. L. 109–365, title IX, § 901(b), Oct. 17, 2006, 120 Stat. 2599; Pub. L. 110–140, title IV, § 411(c), Dec. 19, 2007, 121 Stat. 1601; Pub. L. 111–5, div. A, title IV, § 407(a), Feb. 17, 2009, 123 Stat. 145; Pub. L. 116–260, div. Z, title I, § 1011(b), Dec. 27, 2020, 134 Stat. 2442.)
§ 6863. Weatherization program
(a) Development and conduct of program by Secretary; grants to States and Indian tribal organizations
(b) Consultation by Secretary with other Federal departments and agencies on development and publication in Federal Register of proposed regulations; required regulatory provisions; standards and procedures; rental units
(1) The Secretary, after consultation with the Director, the Secretary of Housing and Urban Development, the Secretary of Health and Human Services, the Secretary of Labor, and the heads of such other Federal departments and agencies as the Secretary deems appropriate, shall develop and publish in the Federal Register for public comment, not later than 60 days after August 14, 1976, proposed regulations to carry out the provisions of this part. The Secretary shall take into consideration comments submitted regarding such proposed regulations and shall promulgate and publish final regulations for such purpose not later than 90 days after August 14, 1976. The development of regulations under this part shall be fully coordinated with the Director.
(2) The regulations promulgated pursuant to this section shall include provisions—
(A) prescribing, in coordination with the Secretary of Housing and Urban Development, the Secretary of Health and Human Services, and the Director of the National Institute of Standards and Technology in the Department of Commerce, for use in various climatic, structural, and human need settings, standards for weatherization materials, energy conservation techniques, and balance combinations thereof, which are designed to achieve a balance of a healthful dwelling environment and maximum practicable energy conservation;
(B) that provide guidance to the States in the implementation of this part, including guidance designed to ensure that a State establishes (i) procedures that provide protection under paragraph (5) to tenants paying for energy as a portion of their rent, and (ii) a process for monitoring compliance with its obligations pursuant to this part; and
(C) that secure the Federal investment made under this part and address the issues of eviction from and sale of property receiving weatherization materials under this part.
(3) The Secretary, in coordination with the Secretaries and Director described in paragraph (2)(A) and the Secretary of Agriculture, shall develop and publish in the Federal Register for public comment, not later than 60 days after November 9, 1978
(A) the cost of the weatherization material;
(B) variation in climate; and
(C) the value of energy saved by the application of the weatherization material.
Such standards shall be utilized by the Secretary in carrying out this part, and by the Secretary of Agriculture in carrying out the weatherization program under section 1474(c) of this title. The Secretary shall take into consideration comments submitted regarding such proposed amendment and shall promulgate and publish final amended regulations not later than 120 days after November 9, 1978.
(4) The Secretary may amend the regulations prescribed under paragraph (1) to provide that the standards described in paragraph (2)(A) take into consideration improvements in the health and safety of occupants of dwelling units, and other non-energy benefits, from weatherization.
(5) In carrying out paragraphs (2)(A) and (3), the Secretary shall establish the standards and procedures described in such paragraphs so that weatherization efforts being carried out under this part and under programs described in the fourth sentence of paragraph (3) will accomplish uniform results among the States in any area with a similar climatic condition.
(6) In any case in which a dwelling consists of a rental unit or rental units, the State, in the implementation of this part, shall ensure that—
(A) the benefits of weatherization assistance in connection with such rental units, including units where the tenants pay for their energy through their rent, will accrue primarily to the low-income tenants residing in such units;
(B) for a reasonable period of time after weatherization work has been completed on a dwelling containing a unit occupied by an eligible household, the tenants in that unit (including households paying for their energy through their rent) will not be subjected to rent increases unless those increases are demonstrably related to matters other than the weatherization work performed;
(C) the enforcement of subparagraph (B) is provided through procedures established by the State by which tenants may file complaints and owners, in response to such complaints, shall demonstrate that the rent increase concerned is related to matters other than the weatherization work performed; and
(D) no undue or excessive enhancement will occur to the value of such dwelling units.
(7) As a condition of having assistance provided under this part with respect to multifamily buildings, a State may require financial participation from the owners of such buildings.
(c) Failure of State to submit application; alternate application by any unit of general purpose local government or community action agency; submission of amended application by State
(d) Direct grants to low-income members of Indian tribal organizations or alternate service organizations; application for funds
(1) Reservation of amounts
(A) In general
(B) RestrictionsSubparagraph (A) shall apply only if—
(i) the tribal organization serving the low-income members of the applicable Indian tribe requests that the Secretary make a grant directly; and
(ii) the Secretary determines that the low-income members of the applicable Indian tribe would be equally or better served by making a grant directly than a grant made to the State in which the low-income members reside.
(C) Presumption
(2) Administration
(3) Application
(e) Transfer of funds
(Pub. L. 94–385, title IV, § 413, Aug. 14, 1976, 90 Stat. 1152; Pub. L. 95–619, title II, § 231(a)(2), (b)(1), Nov. 9, 1978, 92 Stat. 3224; Pub. L. 96–294, title V, §§ 573(b), 574, 577(2), June 30, 1980, 94 Stat. 759, 760; Pub. L. 98–479, title II, § 201(h), Oct. 17, 1984, 98 Stat. 2228; Pub. L. 100–418, title V, § 5115(c), Aug. 23, 1988, 102 Stat. 1433; Pub. L. 101–440, § 7(b), Oct. 18, 1990, 104 Stat. 1012; Pub. L. 103–82, title IV, § 405(l), Sept. 21, 1993, 107 Stat. 922; Pub. L. 115–325, title II, § 203, Dec. 18, 2018, 132 Stat. 4462; Pub. L. 116–260, div. Z, title I, § 1011(c), Dec. 27, 2020, 134 Stat. 2442.)
§ 6864. Financial assistance
(a) Annual application; contents; allocation to States
The Secretary shall provide financial assistance, from sums appropriated for any fiscal year under this part, only upon annual application. Each such application shall describe the estimated number and characteristics of the low-income persons and the number of dwelling units to be assisted and the criteria and methods to be used by the applicant in providing weatherization assistance to such persons. The application shall also contain such other information (including information needed for evaluation purposes) and assurances as may be required (1) in the regulations promulgated pursuant to section 6863 of this title and (2) to carry out this section. The Secretary shall allocate financial assistance to each State on the basis of the relative need for weatherization assistance among low-income persons throughout the States, taking into account the following factors:
(A) The number of dwelling units to be weatherized.
(B) The climatic conditions in the State respecting energy conservation, which may include consideration of annual degree days.
(C) The type of weatherization work to be done in the various settings.
(D) Such other factors as the Secretary may determine necessary, such as the cost of heating and cooling, in order to carry out the purpose and provisions of this part.
(b) Requirements for assistance
The Secretary shall not provide financial assistance under this part unless the applicant has provided reasonable assurances that it has—
(1) established a policy advisory council which (A) has special qualifications and sensitivity with respect to solving the problems of low-income persons (including the weatherization and energy-conservation problems of such persons), (B) is broadly representative of organizations and agencies which are providing services to such persons in the State or geographical area in question, and (C) is responsible for advising the responsible official or agency administering the allocation of financial assistance in such State or area with respect to the development and implementation of such weatherization assistance program;
(2) established priorities to govern the provision of weatherization assistance to low-income persons, including methods to provide priority to elderly and handicapped low-income persons, and such priority as the applicant determines is appropriate for single-family or other high-energy-consuming dwelling units;
(3) established policies and procedures designed to assure that financial assistance provided under this part will be used to supplement, and not to supplant, State or local funds, and, to the extent practicable, to increase the amounts of such funds that would be made available in the absence of Federal funds for carrying out the purpose of this part, including plans and procedures (A) for securing, to the maximum extent practicable, the services of volunteers and training participants and public service employment workers, pursuant to title I of the Workforce Innovation and Opportunity Act [29 U.S.C. 3111 et seq.], to work under the supervision of qualified supervisors and foremen, (B) for using Federal financial assistance under this part to increase the portion of low-income weatherization assistance that the State obtains from non-Federal sources, including private sources, and (C) for complying with the limitations set forth in section 6865 of this title; and
(4) selected on the basis of public comment received during a public hearing conducted pursuant to section 6865(b)(1) of this title, and other appropriate findings, community action agencies or other public or nonprofit entities to undertake the weatherization activities authorized by this subchapter: Provided, Such selection shall be based on the agency’s experience and performance in weatherization or housing renovation activities, experience in assisting low-income persons in the area to be served, and the capacity to undertake a timely and effective weatherization program: Provided further, That in making such selection preference shall be given to any community action agency or other public or nonprofit entity which has, or is currently administering, an effective program under this subchapter or under title II of the Economic Opportunity Act of 1964 [42 U.S.C. 2781 et seq.].
(c) Annual update of data used in allocating funds
(Pub. L. 94–385, title IV, § 414, Aug. 14, 1976, 90 Stat. 1154; Pub. L. 96–294, title V, §§ 573(c), 577(2), June 30, 1980, 94 Stat. 759, 760; Pub. L. 101–440, § 7(c), (g), Oct. 18, 1990, 104 Stat. 1012, 1014; Pub. L. 105–277, div. A, § 101(f) [title VIII, § 405(d)(38), (f)(29)], Oct. 21, 1998, 112 Stat. 2681–337, 2681–427, 2681–434; Pub. L. 113–128, title V, § 512(k), July 22, 2014, 128 Stat. 1709.)
§ 6864a. Private sector investments
(a) In general
(b) Use of funds
Financial assistance provided under this section may be used for—
(1) the negotiation of such partnerships, agreements and other arrangements;
(2) the presentation of arguments before State or local agencies;
(3) expert advice on the development of such partnerships, agreements, and other arrangements; or
(4) other activities reasonably associated with the development and initial implementation of such arrangements.
(c) Conditions
(1) Financial assistance provided under this section to entities other than States shall, to the extent practicable, coincide with the timing of financial assistance provided to such entities under section 6863 or section 6864 of this title.
(2) Not less than 80 percent of amounts provided under this section shall be provided to entities other than States.
(3) A recipient of financial assistance under this section shall have up to three years to complete projects undertaken with such assistance.
(Pub. L. 94–385, title IV, § 414A, as added Pub. L. 102–486, title I, § 142(a), Oct. 24, 1992, 106 Stat. 2842.)
§ 6864b. Technical transfer grants
(a) In general
The Secretary may, to the extent funds are made available, provide financial assistance to entities receiving funding from the Federal Government or from a State through a weatherization assistance program under section 6863 or section 6864 of this title for—
(1) evaluating technical and management measures which increase program and/or private entity performance in weatherizing low-income housing;
(2) producing technical information for use by persons involved in weatherizing low-income housing;
(3) exchanging information; and
(4) conducting training programs for persons involved in weatherizing low-income housing.
(b) Conditions
(1) Not less than 50 percent of amounts provided under this section shall be awarded to entities other than States.
(2) A recipient of financial assistance under this section may contract with nonprofit entities to carry out all or part of the activities for which such financial assistance is provided.
(Pub. L. 94–385, title IV, § 414B, as added Pub. L. 102–486, title I, § 142(a), Oct. 24, 1992, 106 Stat. 2842.)
§ 6864c. Contractor optimization
(a) In general
(b) Use of training funds
(Pub. L. 94–385, title IV, § 414C, as added Pub. L. 116–260, div. Z, title I, § 1011(d)(1), Dec. 27, 2020, 134 Stat. 2442.)
§ 6864d. Financial assistance for WAP enhancement and innovation
(a) PurposesThe purposes of this section are—
(1) to expand the number of dwelling units that are occupied by low-income persons that receive weatherization assistance by making such dwelling units weatherization-ready;
(2) to promote the deployment of renewable energy in dwelling units that are occupied by low-income persons;
(3) to ensure healthy indoor environments by enhancing or expanding health and safety measures and resources available to dwellings that are occupied by low-income persons;
(4) to disseminate new methods and best practices among entities providing weatherization assistance; and
(5) to encourage entities providing weatherization assistance to hire and retain employees who are individuals—
(A) from the community in which the assistance is provided; and
(B) from communities or groups that are underrepresented in the home energy performance workforce, including religious and ethnic minorities, women, veterans, individuals with disabilities, and individuals who are socioeconomically disadvantaged.
(b) Financial assistanceThe Secretary shall, to the extent funds are made available, award financial assistance, on an annual basis, through a competitive process to entities receiving funding from the Federal Government or from a State, tribal organization, or unit of general purpose local government through a weatherization program under section 6863 of this title or section 6864 of this title, or to nonprofit entities, to be used by such an entity—
(1) with respect to dwelling units that are occupied by low-income persons, to—
(A) implement measures to make such dwelling units weatherization-ready by addressing structural, plumbing, roofing, and electrical issues, environmental hazards, or other measures that the Secretary determines to be appropriate;
(B) install energy efficiency technologies, including home energy management systems, smart devices, and other technologies the Secretary determines to be appropriate;
(C) install renewable energy systems (as defined in section 6865(c)(6)(A) of this title); and
(D) implement measures to ensure healthy indoor environments by improving indoor air quality, accessibility, and other healthy homes measures as determined by the Secretary;
(2) to improve the capability of the entity—
(A) to significantly increase the number of energy retrofits performed by such entity;
(B) to replicate best practices for work performed pursuant to this section on a larger scale;
(C) to leverage additional funds to sustain the provision of weatherization assistance and other work performed pursuant to this section after financial assistance awarded under this section is expended; and
(D) to hire and retain employees who are individuals described 1
1 So in original. Probably should be followed by “in”.
subsection (a)(5);(3) for innovative outreach and education regarding the benefits and availability of weatherization assistance and other assistance available pursuant to this section;
(4) for quality control of work performed pursuant to this section;
(5) for data collection, measurement, and verification with respect to such work;
(6) for program monitoring, oversight, evaluation, and reporting regarding such work;
(7) for labor, training, and technical assistance relating to such work;
(8) for planning, management, and administration (up to a maximum of 15 percent of the assistance provided); and
(9) for such other activities as the Secretary determines to be appropriate.
(c) Award factorsIn awarding financial assistance under this section, the Secretary shall consider—
(1) the applicant’s record of constructing, renovating, repairing, or making energy efficient single-family, multifamily, or manufactured homes that are occupied by low-income persons, either directly or through affiliates, chapters, or other partners (using the most recent year for which data are available);
(2) the number of dwelling units occupied by low-income persons that the applicant has built, renovated, repaired, weatherized, or made more energy efficient in the 5 years preceding the date of the application;
(3) the qualifications, experience, and past performance of the applicant, including experience successfully managing and administering Federal funds;
(4) the strength of an applicant’s proposal to achieve one or more of the purposes under subsection (a);
(5) the extent to which such applicant will utilize partnerships and regional coordination to achieve one or more of the purposes under subsection (a);
(6) regional and climate zone diversity;
(7) urban, suburban, and rural localities; and
(8) such other factors as the Secretary determines to be appropriate.
(d) Applications
(1) Administration
(2) Awards
(e) Maximum amount and term
(1) In general
(2) Technical and training assistance
(3) Term
(4) Relationship to formula grants
(f) RequirementsNot later than 90 days after December 27, 2020, the Secretary shall issue requirements to implement this section, including, for entities receiving financial assistance under this section—
(1) standards for allowable expenditures;
(2) a minimum saving-to-investment ratio; and
(3) standards for—
(A) training programs;
(B) energy audits;
(C) the provision of technical assistance;
(D) monitoring activities carried out using such financial assistance;
(E) verification of energy and cost savings;
(F) liability insurance requirements; and
(G) recordkeeping and reporting requirements, which shall include reporting to the Office of Weatherization and Intergovernmental Programs of the Department of Energy applicable data on each dwelling unit retrofitted or otherwise assisted pursuant to this section.
(g) Compliance with State and local law
(h) Review and evaluation
(i) Annual report
(1) actions taken under this section to achieve the purposes of this section; and
(2) accomplishments as a result of such actions, including energy and cost savings achieved.
(j) Funding
(1) Amounts
(A) In generalFor each of fiscal years 2021 through 2025, of the amount made available under section 6872 of this title for such fiscal year to carry out the weatherization program under this part (not including any of such amount made available for Department of Energy headquarters training or technical assistance), not more than—
(i) 2 percent of such amount (if such amount is $225,000,000 or more but less than $260,000,000) may be used to carry out this section;
(ii) 4 percent of such amount (if such amount is $260,000,000 or more but less than $300,000,000) may be used to carry out this section; and
(iii) 6 percent of such amount (if such amount is $300,000,000 or more) may be used to carry out this section.
(B) Minimum
(2) Limitation
(k) Termination
(Pub. L. 94–385, title IV, § 414D, as added Pub. L. 116–260, div. Z, title I, § 1011(e)(1), Dec. 27, 2020, 134 Stat. 2443.)
§ 6864e. Hiring
The Secretary may, as the Secretary determines appropriate, encourage entities receiving funding from the Federal Government or from a State through a weatherization program under section 6863 of this title or section 6864 of this title, to prioritize the hiring and retention of employees who are individuals described in section 6864d(a)(5) of this title.
(Pub. L. 94–385, title IV, § 414E, as added Pub. L. 116–260, div. Z, title I, § 1011(f)(1), Dec. 27, 2020, 134 Stat. 2446.)
§ 6865. Limitations on financial assistance
(a) Purchase of materials and administration of projects
(1) Not more than an amount equal to 15 percent of any grant made by the Secretary under this part may be used for administrative purposes in carrying out duties under this part, except that not more than one-half of such amount may be used by any State for such purposes, and a State may provide in the plan adopted pursuant to subsection (b) for recipients of grants of less than $350,000 to use up to an additional 5 percent of such grant for administration if the State has determined that such recipient requires such additional amount to implement effectively the administrative requirements established by the Secretary pursuant to this part.
(2) The Secretary shall establish energy audit procedures and techniques which (i) meet standards established by the Secretary after consultation with the State Energy Advisory Board established under section 6325(g) of this title, (ii) establish priorities for selection of weatherization measures based on their cost and contribution to energy efficiency, (iii) measure the energy requirement of individual dwellings and the rate of return of the total conservation investment in a dwelling, and (iv) account for interaction among energy efficiency measures.
(b) Allocation, termination or discontinuance by SecretaryThe Secretary shall insure that financial assistance provided under this part will—
(1) be allocated within the State or area in accordance with a published State or area plan, which is adopted by such State after notice and a public hearing, describing the proposed funding distributions and recipients;
(2) be allocated, pursuant to such State or area plan, to community action agencies carrying out programs under title II of the Economic Opportunity Act of 1964 [42 U.S.C. 2781 et seq.] or to other appropriate and qualified public or nonprofit entities in such State or area so that—
(A) funds will be allocated on the basis of the relative need for weatherization assistance among the low-income persons within such State or area, taking into account appropriate climatic and energy conservation factors; and
(B) due consideration will be given to the results of periodic evaluations of the projects carried out under this part in light of available information regarding the current and anticipated energy and weatherization needs of low-income persons within the State; and
(3) be terminated or discontinued during the application period only in accordance with policies and procedures consistent with the policies and procedures set forth in section 6868 of this title.
(c) Limitations on expenditures; exceptions; annual adjustments
(1) Except as provided in paragraphs (3) and (4), the expenditure of financial assistance provided under this part for labor, weatherization materials, and related matters shall not exceed an average of $6,500 per dwelling unit weatherized in that State. Labor, weatherization materials, and related matter includes, but is not limited to—
(A) the appropriate portion of the cost of tools and equipment used to install weatherization materials for a dwelling unit;
(B) the cost of transporting labor, tools, and materials to a dwelling unit;
(C) the cost of having onsite supervisory personnel;
(D) the cost of making incidental repairs to a dwelling unit if such repairs are necessary to make the installation of weatherization materials effective,1
1 So in original. The comma probably should be a semicolon.
and(E) the cost of making heating and cooling modifications, including replacement 2
2 So in original. Probably should be followed by a period.
(2) Dwelling units weatherized (including dwelling units partially weatherized) under this part, or under other Federal programs (in this paragraph referred to as “previous weatherization”), may not receive further financial assistance for weatherization under this part until the date that is 15 years after the date such previous weatherization was completed. This paragraph does not preclude dwelling units that have received previous weatherization from receiving assistance and services (including the provision of information and education to assist with energy management and evaluation of the effectiveness of installed weatherization materials) other than weatherization under this part or under other Federal programs, or from receiving non-Federal assistance for weatherization.
(3) Beginning with fiscal year 2000, the dwelling unit averages provided in paragraphs (1) and (4) shall be adjusted annually by increasing the average amount by an amount equal to—
(A) the average amount for the previous fiscal year, multiplied by
(B) the lesser of (i) the percentage increase in the Consumer Price Index (all items, United States city average) for the most recent calendar year completed before the beginning of the fiscal year for which the determination is being made, or (ii) three percent.
(4) The expenditure of financial assistance provided under this part for labor, weatherization materials, and related matters for a renewable energy system shall not exceed an average of $3,000 per dwelling unit.
(5)
(A) The Secretary shall by regulations—
(i) establish the criteria which are to be used in prescribing performance and quality standards under paragraph (6)(A)(ii) or in specifying any form of renewable energy under paragraph (6)(A)(i)(I); and
(ii) establish a procedure under which a manufacturer of an item may request the Secretary to certify that the item will be treated, for purposes of this paragraph, as a renewable energy system.
(B) The Secretary shall make a final determination with respect to any request filed under subparagraph (A)(ii) within 1 year after the filing of the request, together with any information required to be filed with such request under subparagraph (A)(ii).
(C) Each month the Secretary shall publish a report of any request under subparagraph (A)(ii) which has been denied during the preceding month and the reasons for the denial.
(D) The Secretary shall not specify any form of renewable energy under paragraph (6)(A)(i)(I) unless the Secretary determines that—
(i) there will be a reduction in oil or natural gas consumption as a result of such specification;
(ii) such specification will not result in an increased use of any item which is known to be, or reasonably suspected to be, environmentally hazardous or a threat to public health or safety; and
(iii) available Federal subsidies do not make such specification unnecessary or inappropriate (in the light of the most advantageous allocation of economic resources).
(6) In this subsection—
(A) the term “renewable energy system” means a system which—
(i) when installed in connection with a dwelling, transmits or uses—(I) solar energy, energy derived from the geothermal deposits, energy derived from biomass, or any other form of renewable energy which the Secretary specifies by regulations, for the purpose of heating or cooling such dwelling or providing hot water or electricity for use within such dwelling; or(II) wind energy for nonbusiness residential purposes;
(ii) meets the performance and quality standards (if any) which have been prescribed by the Secretary by regulations;
(iii) in the case of a combustion rated system, has a thermal efficiency rating of at least 75 percent; and
(iv) in the case of a solar system, has a thermal efficiency rating of at least 15 percent; and
(B) the term “biomass” means any organic matter that is available on a renewable or recurring basis, including agricultural crops and trees, wood and wood wastes and residues, plants (including aquatic plants), grasses, residues, fibers, and animal wastes, municipal wastes, and other waste materials.
(d) Supplementary financial assistance to StatesBeginning with fiscal year 1992, the Secretary may allocate funds appropriated pursuant to section 6872(b) 3
3 See References in Text note below.
of this title to provide supplementary financial assistance to those States which the Secretary determines have achieved the best performance during the previous fiscal year in achieving the purposes of this part. In making this determination, the Secretary shall—(1) consult with the State Energy Advisory Board established under section 6325(g) of this title; and
(2) give priority to those States which, during such previous fiscal year, obtained a significant portion of income from non-Federal sources for their weatherization programs or increased significantly the portion of low-income weatherization assistance that the State obtained from non-Federal sources.
(e) Supplementary financial assistance to grant recipients
(1)
(A) Beginning with fiscal year 1992, the Secretary may allocate, from funds appropriated pursuant to section 6872(b) 3 of this title, among the States an equal amount for each State not to exceed $100,000 per State. Each State shall make available amounts received under this subsection to provide supplementary financial assistance to recipients of grants under this part that have achieved the best performance during the previous fiscal year in advancing the purposes of this part.
(B) None of the funds made available under this subsection may be used by any State for administrative purposes.
(2) The Secretary shall, after consulting with the State Energy Advisory Board referred to in subsection (d)(1), prescribe guidelines to be used by each State in making available supplementary financial assistance under this subsection, with a priority being given to subgrantees that, by law or through administrative or other executive action, provided non-Federal resources (including private resources) to supplement Federal financial assistance under this part during the previous fiscal year.
(Pub. L. 94–385, title IV, § 415, Aug. 14, 1976, 90 Stat. 1155; Pub. L. 95–619, title II, § 231(c), Nov. 9, 1978, 92 Stat. 3225; Pub. L. 96–294, title V, §§ 571, 572, 573(a), 575, 577(2), June 30, 1980, 94 Stat. 759, 760; Pub. L. 98–558, title IV, §§ 403, 404, Oct. 30, 1984, 98 Stat. 2887, 2888; Pub. L. 101–440, § 7(d)–(f), (i), Oct. 18, 1990, 104 Stat. 1013, 1014; Pub. L. 106–469, title VI, § 601(b), Nov. 9, 2000, 114 Stat. 2040; Pub. L. 109–58, title II, § 206(a), Aug. 8, 2005, 119 Stat. 654; Pub. L. 111–5, div. A, title IV, § 407(b), (e), Feb. 17, 2009, 123 Stat. 146; Pub. L. 116–260, div. Z, title I, § 1011(g), (h), Dec. 27, 2020, 134 Stat. 2446.)
§ 6866. Monitoring and evaluation of funded projects; technical assistance; limitation on assistance
The Secretary, in coordination with the Director, shall monitor and evaluate the operation of projects receiving financial assistance under this part through methods provided for in section 6867(a) of this title, through onsite inspections, or through other means, in order to assure the effective provision of weatherization assistance for the dwelling units of low-income persons. The Secretary shall also carry out periodic evaluations of the program authorized by this part and projects receiving financial assistance under this part. The Secretary may provide technical assistance to any such project, directly and through persons and entities with a demonstrated capacity in developing and implementing appropriate technology for enhancing the effectiveness of the provision of weatherization assistance to the dwelling units of low-income persons, utilizing in any fiscal year not to exceed up to 20 percent of the sums appropriated for such year under this part.
(Pub. L. 94–385, title IV, § 416, Aug. 14, 1976, 90 Stat. 1156; Pub. L. 96–294, title V, § 577(2), June 30, 1980, 94 Stat. 760; Pub. L. 111–5, div. A, title IV, § 407(d), Feb. 17, 2009, 123 Stat. 146.)
§ 6867. Administration of projects receiving financial assistance
(a) Reporting requirements
(b) Maintenance of records
(c) Audit and examination of books, etc.
(d) Method of payments
(Pub. L. 94–385, title IV, § 417, Aug. 14, 1976, 90 Stat. 1156; Pub. L. 96–294, title V, § 577(2), June 30, 1980, 94 Stat. 760.)
§ 6868. Approval of application or amendment for financial assistance; administrative procedures applicable
(a) The Secretary shall not finally disapprove any application submitted under this part, or any amendment thereto, without first affording the State (or unit of general purpose local government or community action agency under section 6863(c) of this title, as appropriate) in question, as well as other interested parties, reasonable notice and an opportunity for a public hearing. The Secretary may consolidate into a single hearing the consideration of more than one such application for a particular fiscal year to carry out projects within a particular State. Whenever the Secretary, after reasonable notice and an opportunity for a public hearing, finds that there is a failure to comply substantially with the provisions of this part or regulations promulgated under this part, he shall notify the agency or institution involved and other interested parties that such State (or unit of general purpose local government or agency, as appropriate) will no longer be eligible to participate in the program under this part until the Secretary is satisfied that there is no longer any such failure to comply.
(b) Reasonable notice under this section shall include a written notice of intention to act adversely (including a statement of the reasons therefor) and a reasonable period of time within which to submit corrective amendments to the application, or to propose corrective action.
(Pub. L. 94–385, title IV, § 418, Aug. 14, 1976, 90 Stat. 1157; Pub. L. 96–294, title V, § 577(2), June 30, 1980, 94 Stat. 760.)
§ 6869. Judicial review of final action by Secretary on application
(a) Time for appeal; jurisdiction; filing of administrative record by Secretary
(b) Conclusiveness of findings of Secretary; remand; modified findings by Secretary; certification of record
(c) Power of court to affirm or set aside action of Secretary; appeal to Supreme Court
(Pub. L. 94–385, title IV, § 419, Aug. 14, 1976, 90 Stat. 1157; Pub. L. 96–294, title V, § 577(2), (3), June 30, 1980, 94 Stat. 760.)
§ 6870. Prohibition against discrimination; notification to funded project of violation; penalties for failure to comply
(a) No person in the United States shall, on the ground of race, color, national origin, or sex, or on the ground of any other factor specified in any Federal law prohibiting discrimination, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program, project, or activity supported in whole or in part with financial assistance under this part.
(b) Whenever the Secretary determines that a recipient of financial assistance under this part has failed to comply with subsection (a) or any applicable regulation, he shall notify the recipient thereof in order to secure compliance. If, within a reasonable period of time thereafter, such recipient fails to comply, the Secretary shall—
(1) refer the matter to the Attorney General with a recommendation that an appropriate civil action be instituted;
(2) exercise the power and functions provided by title VI of the Civil Rights Act of 1964 [42 U.S.C. 2000d et seq.] and any other applicable Federal nondiscrimination law; or
(3) take such other action as may be authorized by law.
(Pub. L. 94–385, title IV, § 420, Aug. 14, 1976, 90 Stat. 1158; Pub. L. 96–294, title V, § 577(2), June 30, 1980, 94 Stat. 760.)
§ 6871. Annual report by Secretary and Director to President and Congress on weatherization program
The Secretary and (with respect to the operation and effectiveness of activities carried out through community action agencies) the Director shall each submit, on or before March 31, 1977, and annually thereafter, a report to the Congress and the President describing the weatherization assistance program carried out under this part or any other provision of law, including the results of the periodic evaluations and monitoring activities required by section 6866 of this title. Such report shall include information and data furnished by each State on the average costs incurred in weatherization of individual dwelling units, the average size of the dwellings being weatherized, the number of multifamily buildings in which individual dwelling units were weatherized during the previous year, the number of individual dwelling units in multifamily buildings weatherized during the previous year, and the average income of households receiving assistance under this part.
(Pub. L. 94–385, title IV, § 421, Aug. 14, 1976, 90 Stat. 1158; Pub. L. 96–294, title V, § 577(2), June 30, 1980, 94 Stat. 760; Pub. L. 101–440, § 7(h), Oct. 18, 1990, 104 Stat. 1014; Pub. L. 116–260, div. Z, title I, § 1011(i), Dec. 27, 2020, 134 Stat. 2447.)
§ 6872. Authorization of appropriations
For the purpose of carrying out the weatherization program under this part, there are authorized to be appropriated—
(1) $330,000,000 for fiscal year 2021; and
(2) $350,000,000 for each of fiscal years 2022 through 2025.
(Pub. L. 94–385, title IV, § 422, Aug. 14, 1976, 90 Stat. 1158; Pub. L. 95–619, title II, § 231(d), Nov. 9, 1978, 92 Stat. 3226; Pub. L. 96–294, title V, § 576, June 30, 1980, 94 Stat. 760; Pub. L. 98–181, title I [title IV, § 464], Nov. 30, 1983, 97 Stat. 1235; Pub. L. 101–440, § 8(c), Oct. 18, 1990, 104 Stat. 1016; Pub. L. 105–388, § 3, Nov. 13, 1998, 112 Stat. 3477; Pub. L. 109–58, title I, § 122(a), Aug. 8, 2005, 119 Stat. 616; Pub. L. 110–140, title IV, § 411(a), Dec. 19, 2007, 121 Stat. 1600; Pub. L. 116–260, div. Z, title I, § 1011(a), Dec. 27, 2020, 134 Stat. 2442.)
§ 6873. Availability of labor
The following actions shall be taken in order to assure that there is a sufficient number of volunteers and training participants and public service employment workers, assisted pursuant to title I of the Workforce Innovation and Opportunity Act [29 U.S.C. 3111 et seq.] and the Community Service Senior Opportunities Act [42 U.S.C. 3056 et seq.], available to work in support of weatherization programs conducted under part A of the Energy Conservation in Existing Buildings Act of 1976 [42 U.S.C. 6861 et seq.], section 222(a)(12) 1
1 See References in Text note below.
of the Economic Opportunity Act of 1964 [42 U.S.C. 2809(a)(12)], and section 504 of the Housing Act of 1949 [42 U.S.C. 1474]:(1) First, the Secretary of Energy (in consultation with the Director of the Community Services Administration, the Secretary of Agriculture, and the Secretary of Labor) shall determine the number of individuals needed to supply sufficient labor to carry out such weatherization programs in the various areas of the country.
(2) After the determination in paragraph (1) is made, the Secretary of Labor shall identify the areas of the country in which there is an insufficient number of such volunteers and training participants and public service employment workers.
(3) After such areas are identified, the Secretary of Labor shall take steps to assure that such weatherization programs are supported to the maximum extent practicable in such areas by such volunteers and training participants and public service employment workers.
(Pub. L. 95–619, title II, § 233, Nov. 9, 1978, 92 Stat. 3227; Pub. L. 105–277, div. A, § 101(f) [title VIII, § 405(d)(39), (f)(30)], Oct. 21, 1998, 112 Stat. 2681–337, 2681–427, 2681–434; Pub. L. 113–128, title V, § 512(v), July 22, 2014, 128 Stat. 1713.)