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42 U.S.C. § 6865 — Hiring

Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 6865 — 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section6863&num=0&edition=prelim) or [section 6864 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section6864&num=0&edition=prelim), to prioritize the hiring and retention of employees who are individuals described in [section 6864d(a)(5) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section6864d/a/5&num=0&edition=prelim).

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Source location: Title 42, Chapter 81, § 6865; chapter-081-energy-conservation-and-resource-renewal.md

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 6864 — Weatherization program

**(a) Development and conduct of program by Secretary; grants to States and Indian tribal organizations** The Secretary shall develop and conduct, in accordance with the purpose and provisions of this part, a weatherization program. In developing and conducting such program, the Secretary may, in accordance with this part and regulations promulgated under this part, make grants (1) to States, and (2) in accordance with the provisions of subsection (d), to Indian tribal organizations to serve Native Americans. Such grants shall be made for the purpose of providing financial assistance with regard to projects designed to provide for the weatherization of dwelling units, particularly those where elderly or handicapped low-income persons reside, occupied by low-income families. **(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

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 6863 — Definitions

As 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section705&num=0&edition=prelim), (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)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1382c/a/3/A&num=0&edition=prelim), 423(d)(1)] or in section 102(7) 11 See References in Text note below. of the Developmental Disabilities Services and Facilities Construction Act [[42 U.S.C. 6001(7)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section6001/7&num=0&edition=prelim)], 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section3002&num=0&edition=prelim). (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 Agricultur

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 6864a — 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section6863&num=0&edition=prelim) 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 (

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 6873 — 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.

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 6865 — Limitations on financial assistance

Page 6909 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 6865 be reduced by the cost of any technical and training assistance provided by the Secretary that relates to such financial assistance. (3) Term The term of an award of financial assistance under this section shall not exceed 3 years. (4) Relationship to formula grants An entity may use financial assistance awarded to such entity under this section in conjunction with other financial assistance provided to such entity under this part. (f) Requirements Not later than 90 days after December 27, 2020, the Secretary shall issue requirements to imple- ment this section, including, for entities receiv- ing 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 require- ments, which shall include reporting to the Office of Weatherization and Intergovern- mental Programs of the Department of En- ergy applicable data on each dwelling unit retrofitted or otherwise assisted pursuant to this section. (g) Compliance with State and local law Nothing in this section supersedes or other- wise affects any State or local law, to the extent that the State or local law contains a require- ment that is more stringent than the applicable requirement of this section. (h) Review and evaluation The Secretary shall review and evaluate the performance of each entity that receives an award of financial assistance under this section (which may include

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