42 U.S.C. § 6864d — Financial assistance for WAP enhance-

Page 6907 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 6864d service employment workers, pursuant to title I of the Workforce Innovation and Opportunity Act’’ for ‘‘se- curing, to the maximum extent practicable, the serv- ices of volunteers and training participants and public service employment workers, pursuant to title I of the Workforce Investment Act of 1998’’. 1998—Subsec. (b)(3). Pub. L. 105–277, § 101(f) [title VIII, § 405(f)(29)], struck out ‘‘the Job Training Partnership Act or’’ after ‘‘pursuant to’’. Pub. L. 105–277, § 101(f) [title VIII, § 405(d)(38)], sub- stituted ‘‘the Job Training Partnership Act or title I of the Workforce Investment Act of 1998’’ for ‘‘the Com- prehensive Employment and Training Act of 1973’’. 1990—Subsec. (a)(D). Pub. L. 101–440, § 7(c)(1), inserted ‘‘, such as the cost of heating and cooling,’’ after ‘‘nec- essary’’. Subsec. (b)(3). Pub. L. 101–440, § 7(g), added cl. (B) and redesignated former cl. (B) as (C). Subsec. (c). Pub. L. 101–440, § 7(c)(2), added subsec. (c). 1980—Subsec. (a). Pub. L. 96–294, § 577(2), substituted ‘‘Secretary’’ for ‘‘Administrator’’ wherever appearing. Subsec. (b). Pub. L. 96–294, §§ 573(c), 577(2), substituted ‘‘Secretary’’ for ‘‘Administrator’’ and added par. (4). Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2014 AMENDMENT Amendment by Pub. L. 113–128 effective on the first day of the first full program year after July 22, 2014 (July 1, 2015), see section 506 of Pub. L. 113–128, set out as an Effective Date note under section 3101 of Title 29, Labor. EFFECTIVE DATE OF 1998 AMENDMENT Amendment by section 101(f) [title VIII, § 405(d)(38)] of Pub. L. 105–277 effective Oct. 21, 1998, and amendment by section 101(f) [title VIII, § 405(f)(29)] of Pub. L. 105–277 effective July 1, 2000, see section 101(f) [title VIII, § 405(g)(1), (2)(B)] of Pub. L. 105–277, set out as a note under section 3502 of Title 5, Government Organization and Employees. § 6864a. Private sector investments (a) In general The Secretary shall, to the extent funds are made available for such purpose, provide finan- cial 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 the development and initial implementation of partnerships, agreements, or other arrange- ments with utilities, private sector interests, or other institutions, under which non-Federal fi- nancial assistance would be made available to support programs which install energy effi- ciency improvements in low-income housing. (b) Use of funds Financial assistance provided under this sec- tion 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 arrange- ments; or (4) other activities reasonably associated with the development and initial implementa- tion 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 pro- vided under this section shall be provided to en- tities other than States. (3) A recipient of financial assistance under this section shall have up to three years to com- plete 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 Gov- ernment or from a State through a weatheriza- tion assistance program under section 6863 or section 6864 of this title for— (1) evaluating technical and management measures which increase program and/or pri- vate entity performance in weatherizing low- income housing; (2) producing technical information for use by persons involved in weatherizing low-in- come 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 pro- vided under this section shall be awarded to en- tities other than States. (2) A recipient of financial assistance under this section may contract with nonprofit enti- ties 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 The Secretary may request that entities re- ceiving funding from the Federal Government or from a State through a weatherization assist- ance program under section 6863 of this title or section 6864 of this title perform periodic re- views of the use of private contractors in the provision of weatherization assistance, and en- courage expanded use of contractors as appro- priate. (b) Use of training funds Entities described in subsection (a) may use funding described in such subsection to train private, non-Federal entities that are con- tracted to provide weatherization assistance under a weatherization program, in accordance with rules determined by the Secretary. (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 enhance- ment and innovation (a) Purposes The purposes of this section are— Page 6908 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 6864d 1 So in original. Probably should be followed by ‘‘in’’. (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 weather- ization assistance; and (5) to encourage entities providing weather- ization assistance to hire and retain employ- ees who are individuals— (A) from the community in which the as- sistance is provided; and (B) from communities or groups that are underrepresented in the home energy per- formance workforce, including religious and ethnic minorities, women, veterans, individ- uals with disabilities, and individuals who are socioeconomically disadvantaged. (b) Financial assistance The 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 organiza- tion, or unit of general purpose local govern- ment 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 ad- dressing structural, plumbing, roofing, and electrical issues, environmental hazards, or other measures that the Secretary deter- mines to be appropriate; (B) install energy efficiency technologies, including home energy management sys- tems, 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 Sec- retary; (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 larg- er 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 subsection (a)(5); (3) for innovative outreach and education re- garding the benefits and availability of weath- erization 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, eval- uation, and reporting regarding such work; (7) for labor, training, and technical assist- ance relating to such work; (8) for planning, management, and adminis- tration (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 factors In awarding financial assistance under this section, the Secretary shall consider— (1) the applicant’s record of constructing, renovating, repairing, or making energy effi- cient single-family, multifamily, or manufac- tured homes that are occupied by low-income persons, either directly or through affiliates, chapters, or other partners (using the most re- cent 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 pre- ceding the date of the application; (3) the qualifications, experience, and past performance of the applicant, including expe- rience successfully managing and admin- istering Federal funds; (4) the strength of an applicant’s proposal to achieve one or more of the purposes under sub- section (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 deter- mines to be appropriate. (d) Applications (1) Administration To be eligible for an award of financial as- sistance under this section, an applicant shall submit to the Secretary an application in such manner and containing such information as the Secretary may require. (2) Awards Subject to the availability of appropriations, not later than 270 days after December 27, 2020, the Secretary shall make a first award of fi- nancial assistance under this section. (e) Maximum amount and term (1) In general The total amount of financial assistance awarded to an entity under this section shall not exceed $2,000,000. (2) Technical and training assistance The total amount of financial assistance awarded to an entity under this section shall 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 an audit). (i) Annual report The Secretary shall submit to Congress an an- nual report that provides a description of— (1) actions taken under this section to achieve the purposes of this section; and (2) accomplishments as a result of such ac- tions, including energy and cost savings achieved. (j) Funding (1) Amounts (A) In general For 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 assist- ance), 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 For each of fiscal years 2021 through 2025, if the amount made available under section 6872 of this title (not including any of such amount made available for Department of Energy headquarters training or technical assistance) for such fiscal year is less than $225,000,000, no funds shall be made available to carry out this section. (2) Limitation For any fiscal year, the Secretary may not use more than $25,000,000 of the amount made available under section 6872 of this title to carry out this section. (k) Termination The Secretary may not award financial assist- ance under this section after September 30, 2025. (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 deter- mines 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 sec- tion 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 per- cent of any grant made by the Secretary under this part may be used for administrative pur- poses in carrying out duties under this part, ex- cept 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 pursu- ant 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 re- quires such additional amount to implement ef- fectively the administrative requirements estab- lished by the Secretary pursuant to this part. (2) The Secretary shall establish energy audit procedures and techniques which (i) meet stand- ards established by the Secretary after consulta- tion with the State Energy Advisory Board es- tablished under section 6325(g) of this title, (ii) establish priorities for selection of weatheriza- tion measures based on their cost and contribu-