42 U.S.C. § 6873 — Availability of labor

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.) Page 6916 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 6881 Editorial Notes REFERENCES IN TEXT The Workforce Innovation and Opportunity Act, re- ferred to in text, is Pub. L. 113–128, July 22, 2014, 128 Stat. 1425. Title I of the Act is classified generally to subchapter I (§ 3111 et seq.) of chapter 32 of Title 29, Labor. For complete classification of this Act to the Code, see Short Title note set out under section 3101 of Title 29 and Tables. The Community Service Senior Opportunities Act, referred to in text, is title V of Pub. L. 89–73, as added Pub. L. 109–365, title V, § 501, Oct. 17, 2006, 120 Stat. 2563, which is classified generally to subchapter IX (§ 3056 et seq.) of chapter 35 of this title. For complete classifica- tion of this Act to the Code, see Short Title note set out under section 3001 of this title and Tables. The Energy Conservation in Existing Buildings Act of 1976, referred to in text, is title IV of Pub. L. 94–385, Aug. 14, 1976, 90 Stat. 1150. Part A of the Energy Con- servation in Existing Buildings Act of 1976 is classified generally to part A (§ 6861 et seq.) of subchapter III of this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 6801 of this title and Tables. Section 222(a)(12) of the Economic Opportunity Act of 1964 [42 U.S.C. 2809(a)(12)], referred to in text, which was redesignated as section 222(a)(5) [42 U.S.C. 2809(a)(5)] by Pub. L. 95–568, § 5(a)(2)(E), Nov. 2, 1978, 92 Stat. 2426, was subsequently repealed by Pub. L. 97–35, title VI, § 683(a), Aug. 13, 1981, 95 Stat. 519. CODIFICATION Section was enacted as a part of the National Energy Conservation Policy Act, and not as a part of the En- ergy Conservation and Production Act which comprises this chapter. AMENDMENTS 2014—Pub. L. 113–128 substituted ‘‘a sufficient number of volunteers and training participants and public serv- ice employment workers, assisted pursuant to title I of the Workforce Innovation and Opportunity Act and the Community Service Senior Opportunities Act’’ for ‘‘a sufficient number of volunteers and training partici- pants and public service employment workers, assisted pursuant to title I of the Workforce Investment Act of 1998 and the Older American Community Service Em- ployment Act’’. 1998—Pub. L. 105–277, § 101(f) [title VIII, § 405(f)(30)], struck out ‘‘the Job Training Partnership Act or’’ after ‘‘assisted pursuant to’’. Pub. L. 105–277, § 101(f) [title VIII, § 405(d)(39)], which directed the substitution of ‘‘the Job Training Partner- ship Act or title I of the Workforce Investment Act of 1998’’ for ‘‘the Comprehensive Employment and Train- ing Act of 1973’’ in introductory provisions, was exe- cuted by making the substitution for ‘‘the Comprehen- sive Employment Training Act of 1973’’ to reflect the probable intent of Congress. 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)(39)] of Pub. L. 105–277 effective Oct. 21, 1998, and amendment by section 101(f) [title VIII, § 405(f)(30)] 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. COMMUNITY SERVICES ADMINISTRATION Community Services Administration, which was es- tablished by section 601 of Economic Opportunity Act of 1964, as amended (42 U.S.C. 2941), terminated when Economic Opportunity Act of 1964, Pub. L. 88–452, Aug. 20, 1964, 78 Stat. 508, as amended, was repealed, except for titles VIII and X, effective Oct. 1, 1981, by section 683(a) of Pub. L. 97–35, title VI, Aug. 13, 1981, 95 Stat. 519, which is classified to 42 U.S.C. 9912(a). An Office of Community Services, headed by a Director, was estab- lished in Department of Health and Human Services by section 676 of Pub. L. 97–35, which is classified to 42 U.S.C. 9905. PART B—ENERGY CONSERVATION AND RENEWABLE-RESOURCE OBLIGATION GUARANTEES Editorial Notes CODIFICATION This part was, in the original, designated part D and has been redesignated part B for purposes of codifica- tion. § 6881. Energy resource and renewable-resource obligation guarantee program (a) Authorization; requirements for guarantees and commitments to guarantee; procedures (1) The Secretary may, in accordance with this section and such rules as he shall prescribe after consultation with the Secretary of the Treasury, guarantee and issue commitments to guarantee the payment of the outstanding principal amount of any loan, note, bond, or other obliga- tion evidencing indebtedness, if— (A) such obligation is entered into or issued by any person or by any State, political sub- division of a State, or agency and instrumen- tality of either a State or political subdivision thereof; and (B) the purpose of entering into or issuing such obligation is the financing of any energy conservation measure or renewable-resource energy measure which is to be installed or otherwise implemented in any building or in- dustrial plant owned or operated by the person or State, political subdivision of a State, or agency or instrumentality of either a State or political subdivision thereof, (i) which enters into or issues such obligation, or (ii) to which such measure is leased. (2) No guarantee or commitment to guarantee may be issued under this subsection with respect to any obligation— (A) which is a general obligation of a State; or (B) which is entered into or issued for the purpose of financing any energy conservation measure or renewable-resource energy meas- ure which is to be installed or otherwise im- plemented in a residential building containing 2 or fewer dwelling units. (3) Before prescribing rules pursuant to this subsection, the Secretary shall consult with the Administrator of the Small Business Adminis- tration in order to formulate procedures which would assist small business concerns in obtain- ing guarantees and commitments to guarantee under this section. (b) Preconditions for issuance of guarantees and commitments to guarantee No obligation may be guaranteed, and no com- mitment to guarantee an obligation may be