42 U.S.C. § 6872 — Authorization of appropriations

Page 6914 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 6870 (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.) Editorial Notes AMENDMENTS 1980—Subsecs. (a) to (c). Pub. L. 96–294 substituted ‘‘Secretary’’ for ‘‘Administrator’’ wherever appearing, and ‘‘Secretary’s’’ for ‘‘Administrator’s’’. § 6870. Prohibition against discrimination; notifi- cation to funded project of violation; pen- alties 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 sup- ported in whole or in part with financial assist- ance 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 recipi- ent 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 author- ized 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.) Editorial Notes REFERENCES IN TEXT The Civil Rights Act of 1964, referred to in subsec. (b)(2), is Pub. L. 88–352, July 2, 1964, 78 Stat. 241. Title VI of the Civil Rights Act of 1964 is classified generally to subchapter V (§ 2000d et seq.) of chapter 21 of this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 2000a of this title and Tables. AMENDMENTS 1980—Subsec. (b). Pub. L. 96–294 substituted ‘‘Sec- retary’’ for ‘‘Administrator’’ wherever appearing. § 6871. Annual report by Secretary and Director to President and Congress on weatherization program The Secretary and (with respect to the oper- ation and effectiveness of activities carried out through community action agencies) the Direc- tor 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, in- cluding the results of the periodic evaluations and monitoring activities required by section 6866 of this title. Such report shall include infor- mation and data furnished by each State on the average costs incurred in weatherization of indi- vidual dwelling units, the average size of the dwellings being weatherized, the number of mul- tifamily buildings in which individual dwelling units were weatherized during the previous year, the number of individual dwelling units in mul- tifamily buildings weatherized during the pre- vious year, and the average income of house- holds 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.) Editorial Notes AMENDMENTS 2020—Pub. L. 116–260 inserted ‘‘the number of multi- family 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,’’ after ‘‘the aver- age size of the dwellings being weatherized,’’. 1990—Pub. L. 101–440 struck out ‘‘through 1979’’ after ‘‘and annually thereafter’’ and inserted at end ‘‘Such report shall include information and data furnished by each State on the average costs incurred in weatheriza- tion of individual dwelling units, the average size of the dwellings being weatherized, and the average income of households receiving assistance under this part.’’ 1980—Pub. L. 96–294 substituted ‘‘Secretary’’ for ‘‘Ad- ministrator’’. § 6872. Authorization of appropriations For the purpose of carrying out the weather- ization program under this part, there are au- thorized 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.) Editorial Notes AMENDMENTS 2020—Pars. (1) to (5). Pub. L. 116–260 added pars. (1) and (2) and struck out former pars. (1) to (5) which au- thorized appropriations for fiscal years 2008 to 2012. 2007—Pub. L. 110–140 substituted ‘‘appropriated—’’ and pars. (1) to (5) for ‘‘appropriated $500,000,000 for fis- cal year 2006, $600,000,000 for fiscal year 2007, and $700,000,000 for fiscal year 2008’’. 2005—Pub. L. 109–58 substituted ‘‘$500,000,000 for fiscal year 2006, $600,000,000 for fiscal year 2007, and $700,000,000 for fiscal year 2008’’ for ‘‘for fiscal years 1999 through 2003 such sums as may be necessary’’. 1998—Pub. L. 105–388 reenacted section catchline without change and amended text generally. Prior to amendment, text read as follows: Page 6915 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 6873 1 See References in Text note below. ‘‘(a) There are authorized to be appropriated for pur- poses of carrying out the weatherization program under this part, other than under subsections (d) and (e) of section 6865 of this title, not to exceed $200,000,000 for fiscal year 1991 and such sums as may be necessary for fiscal years 1992, 1993, and 1994. ‘‘(b) There are authorized to be appropriated for pur- poses of carrying out the weatherization program under subsections (d) and (e) of section 6865 of this title, not to exceed $20,000,000 for fiscal year 1992 and such sums as may be necessary for fiscal years 1993 and 1994.’’ 1990—Pub. L. 101–440 amended section generally. Prior to amendment, section read as follows: ‘‘Of the funds authorized by section 1005(1) of the Omnibus Budget Reconciliation Act of 1981 for energy conservation for fiscal year 1984, not less than $190,000,000 is authorized to be appropriated to carry out the weatherization pro- gram under this part. There is authorized to be appro- priated such sums as may be necessary for fiscal year 1985 to carry out such weatherization program. Any amount appropriated under this section shall remain available until expended.’’ 1983—Pub. L. 98–181 amended section generally, pro- viding that, of the funds authorized by section 1005(1) of the Omnibus Budget Reconciliation Act of 1981 for en- ergy conservation for fiscal year 1984, not less than $190,000,000 was authorized to be appropriated to carry out the weatherization program under this part, and substituted provisions authorizing the appropriation of such sums as may be necessary for fiscal year 1985 to carry out the weatherization program for provisions that had authorized the appropriations of $55,000,000 for the fiscal year ending on Sept. 30, 1977, $130,000,000 for the fiscal year ending on Sept. 30, 1978, $200,000,000 for the fiscal year ending on Sept. 30, 1979, $200,000,000 for the fiscal year ending on Sept. 30, 1980, and $200,000,000 for the fiscal year ending on Sept. 30, 1981. 1980—Pub. L. 96–294 inserted provisions authorizing to be appropriated $200,000,000 for fiscal year ending on Sept. 30, 1981, such sums to remain available until ex- pended, substituted ‘‘the sum of’’ for ‘‘not to exceed’’ wherever appearing. 1978—Pub. L. 95–619 substituted an appropriations au- thorization of not to exceed $130,000,000 for fiscal year ending Sept. 30, 1978, for an authorization of not to ex- ceed $65,000,000 for such fiscal year, substituted an au- thorization of not to exceed $200,000,000 for fiscal year ending Sept. 30, 1979, for an authorization of $80,000,000 for such fiscal year, and added an authorization of not to exceed $200,000,000 for fiscal year ending Sept. 30, 1980. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2007 AMENDMENT Amendment by Pub. L. 110–140 effective on the date that is 1 day after Dec. 19, 2007, see section 1601 of Pub. L. 110–140, set out as an Effective Date note under sec- tion 1824 of Title 2, The Congress. SUSTAINABLE ENERGY RESOURCES FOR CONSUMERS GRANTS Pub. L. 110–140, title IV, § 411(b), Dec. 19, 2007, 121 Stat. 1600, provided that: ‘‘(1) IN GENERAL.—The Secretary [of Energy] may make funding available to local weatherization agen- cies from amounts authorized under the amendment made by subsection (a) [amending this section] to ex- pand the weatherization assistance program for resi- dential buildings to include materials, benefits, and re- newable and domestic energy technologies not covered by the program (as of the date of enactment of this Act [Dec. 19, 2007]), if the State weatherization grantee cer- tifies that the applicant has the capacity to carry out the proposed activities and that the grantee will in- clude the project in the financial oversight of the grantee of the weatherization assistance program. ‘‘(2) PRIORITY.—In selecting grant recipients under this subsection, the Secretary shall give priority to— ‘‘(A) the expected effectiveness and benefits of the proposed project to low- and moderate-income energy consumers; ‘‘(B) the potential for replication of successful re- sults; ‘‘(C) the impact on the health and safety and en- ergy costs of consumers served; and ‘‘(D) the extent of partnerships with other public and private entities that contribute to the resources and implementation of the program, including finan- cial partnerships. ‘‘(3) FUNDING.— ‘‘(A) IN GENERAL.—Except as provided in paragraph (2), the amount of funds used for projects described in paragraph (1) may equal up to 2 percent of the amount of funds made available for any fiscal year under section 422 of the Energy Conservation and Production Act (42 U.S.C. 6872). ‘‘(B) EXCEPTION.—No funds may be used for sustain- able energy resources for consumers grants for a fis- cal year under this subsection if the amount of funds made available for the fiscal year to carry out the Weatherization Assistance Program for Low-Income Persons established under part A of title IV of the Energy Conservation and Production Act (42 U.S.C. 6861 et seq.) is less than $275,000,000.’’ § 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 Op- portunity 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 sup- port of weatherization programs conducted under part A of the Energy Conservation in Ex- isting Buildings Act of 1976 [42 U.S.C. 6861 et seq.], section 222(a)(12) 1 of the Economic Oppor- tunity Act of 1964 [42 U.S.C. 2809(a)(12)], and sec- tion 504 of the Housing Act of 1949 [42 U.S.C. 1474]: (1) First, the Secretary of Energy (in con- sultation with the Director of the Community Services Administration, the Secretary of Ag- riculture, 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 em- ployment workers. (3) After such areas are identified, the Sec- retary 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 partici- pants 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.)