42 U.S.C. § 6851 — Congressional findings and purpose

Page 6900 TITLE 42—THE PUBLIC HEALTH AND WELFARE §§ 6839, 6840 1 See References in Text note below. §§ 6839, 6840. Repealed. Pub. L. 102–486, title I, § 101(a)(2), Oct. 24, 1992, 106 Stat. 2783 Section 6839, Pub. L. 94–385, title III, § 310, Aug. 14, 1976, 90 Stat. 1149; Pub. L. 95–91, title III, §§ 301(a), 304(a), title VII, §§ 703, 707, 709(e)(2), Aug. 4, 1977, 91 Stat. 577, 580, 606, 607, 608; Pub. L. 97–35, title X, § 1041(a), Aug. 13, 1981, 95 Stat. 621; Pub. L. 100–418, title V, § 5115(c), Aug. 23, 1988, 102 Stat. 1433, related to support activities nec- essary or appropriate to develop and implement vol- untary performance standards. Section 6840, Pub. L. 94–385, title III, § 311, Aug. 14, 1976, 90 Stat. 1149; Pub. L. 97–375, title II, § 207(b), Dec. 21, 1982, 96 Stat. 1824, related to monitoring of State and local adoption and implementation of standards and reports to Congress on implementation and effec- tiveness of standards. SUBCHAPTER III—ENERGY CONSERVATION AND RENEWABLE-RESOURCE ASSIST- ANCE FOR EXISTING BUILDINGS § 6851. Congressional findings and purpose (a) The Congress finds that— (1) the fastest, most cost-effective, and most 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, nonresidential buildings, and industrial plants; (2) current efforts to encourage and facili- tate such measures are inadequate as a con- sequence of— (A) a lack of adequate and available fi- nancing for such measures, particularly with respect to individual consumers and owners of small businesses; (B) a shortage of reliable and impartial in- formation and advisory services pertaining to practicable energy conservation measures and renewable-resource energy measures and the cost savings that are likely if they are implemented in such units, buildings, and plants; and (C) the absence of organized programs which, if they existed, would enable con- sumers, especially individuals and owners of small businesses, to undertake such meas- ures easily and with confidence in their eco- nomic value; (3) major programs of financial incentives and assistance for energy conservation meas- ures and renewable-resource energy measures in dwelling units, nonresidential buildings, and industrial plants would— (A) significantly reduce the Nation’s de- mand for energy and the need for petroleum imports; (B) cushion the adverse impact of the high price of energy supplies on consumers, par- ticularly elderly and handicapped low-in- come persons who cannot afford to make the modifications necessary to reduce their resi- dential energy use; and (C) increase, directly and indirectly, job opportunities and national economic output; (4) the primary responsibility for the imple- mentation of such major programs should be lodged with the governments of the States; the diversity of conditions among the various States and regions of the Nation is sufficiently great that a wholly federally administered program would not be as effective as one which is tailored to meet local requirements and to respond to local opportunities; the State should be allowed flexibility within which to fashion such programs, subject to general Federal guidelines and monitoring suf- ficient to protect the financial investments of consumers and the financial interest of the United States and to insure that the measures undertaken in fact result in significant energy and cost savings which would probably not otherwise occur; (5) to the extent that direct Federal admin- istration is more economical and efficient, di- rect Federal financial incentives and assist- ance should be extended through existing and proven Federal programs rather than through new programs that would necessitate new and separate administrative bureaucracies; and (6) such programs should be designed and ad- ministered to supplement, and not to supplant or in any other way conflict with, State en- ergy conservation programs under part C of title III of the Energy Policy and Conservation Act [42 U.S.C. 6321 et seq.]; the emergency en- ergy conservation program carried out by community action agencies pursuant to sec- tion 2809(a)(12) 1 of this title; and other forms of assistance and encouragement for energy conservation. (b) It is, therefore, the purpose of this sub- chapter to encourage and facilitate the imple- mentation of energy conservation measures and renewable-resource energy measures in dwelling units, nonresidential buildings, and industrial plants, through— (1) supplemental State energy conservation plans; and (2) Federal financial incentives and assist- ance. (Pub. L. 94–385, title IV, § 402, Aug. 14, 1976, 90 Stat. 1150.) Editorial Notes REFERENCES IN TEXT The Energy Policy and Conservation Act, referred to in subsec. (a)(5), is Pub. L. 94–163, Dec. 22, 1975, 89 Stat. 871. Part C of title III of the Energy Policy and Con- servation Act is classified generally to part B (§ 6321 et seq.) of subchapter III of chapter 77 of this title. For complete classification of this Act to the Code, see Short Title note set out under section 6201 of this title and Tables. Section 2809(a)(12) of this title, referred to in subsec. (a)(6), which was redesignated as section 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. This subchapter, referred to in subsec. (b), was in the original ‘‘this title,’’ meaning title IV of Pub. L. 94–385, known as the Energy Conservation in Existing Build- ings Act of 1976, which enacted this subchapter, section 6327 of this title, and section 1701z–8 of Title 12, Banks and Banking, amended sections 6323, 6325, and 6326 of this title, and enacted provisions set out as a note Page 6901 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 6862 under section 6801 of this title. For complete classifica- tion of this Act to the Code, see Short Title note set out under section 6801 of this title and Tables. Statutory Notes and Related Subsidiaries SHORT TITLE For short title of title IV of Pub. L. 94–385, which is classified principally to this subchapter, as the ‘‘En- ergy Conservation in Existing Buildings Act of 1976’’, see section 401 of Pub. L. 94–385, set out as a note under section 6801 of this title. PART A—WEATHERIZATION ASSISTANCE FOR LOW-INCOME PERSONS § 6861. Congressional findings and purpose (a) The Congress finds that— (1) a fast, cost-effective, and environ- mentally 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 facili- tate 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 dwell- ings and otherwise to improve the energy ef- ficiency of such dwellings; (3) weatherization of such dwellings would lower shelter costs in dwellings owned or occu- pied by low-income persons as well as save en- ergy and reduce future energy capacity re- quirements; and (4) States, through Community Action Agen- cies established under the Economic Oppor- tunity 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 sup- port coordinated weatherization programs de- signed to alleviate the adverse effects of en- ergy costs on such low-income persons, to sup- plement other Federal programs serving such low-income persons, and to increase energy ef- ficiency. (b) It is, therefore, the purpose of this part to develop and implement a weatherization assist- ance program to increase the energy efficiency of dwellings owned or occupied by low-income persons, reduce their total residential energy ex- penditures, and improve their health and safety, especially low-income persons who are particu- larly vulnerable such as the elderly, the handi- capped, 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.) Editorial Notes REFERENCES IN TEXT The Economic Opportunity Act of 1964, referred to in subsec. (a)(4), is Pub. L. 88–452, Aug. 20, 1964, 78 Stat. 508, which was classified generally to chapter 34 (§ 2701 et seq.) of this title prior to repeal, except for titles VIII and X, by Pub. L. 97–35, title VI, § 683(a), Aug. 13, 1981, 95 Stat. 519. Titles VIII and X of the Act are classi- fied generally to subchapters VIII (§ 2991 et seq.) and X (§ 2996 et seq.) of chapter 34 of this title. For complete classification of this Act to the Code, see Tables. AMENDMENTS 1990—Pub. L. 101–440 amended section generally. Prior to amendment, section read as follows: ‘‘(a) The Congress finds that— ‘‘(1) dwellings owned or occupied by low-income persons frequently are inadequately insulated; ‘‘(2) low-income persons, particularly elderly and handicapped low-income persons, can least afford to make the modifications necessary to provide for ade- quate insulation in such dwellings and to otherwise reduce residential energy use; ‘‘(3) weatherization of such dwellings would lower utility expenses for such low-income owners or occu- pants as well as save thousands of barrels per day of needed fuel; and ‘‘(4) States, through community action agencies es- tablished under the Economic Opportunity Act of 1964 and units of general purpose local government, should be encouraged, with Federal financial and technical assistance, to develop and support coordi- nated weatherization programs designed to amelio- rate the adverse effects of high energy costs on such low-income persons, to supplement other Federal pro- grams serving such persons, and to conserve energy. ‘‘(b) It is, therefore, the purpose of this part to de- velop and implement a supplementary weatherization assistance program to assist in achieving a prescribed level of insulation in the dwellings of low-income per- sons, particularly elderly and handicapped low-income persons, in order both to aid those persons least able to afford higher utility costs and to conserve needed en- ergy.’’ Statutory Notes and Related Subsidiaries WEATHERIZATION ASSISTANCE PROGRAM Pub. L. 117–58, div. D, title V, § 40551, Nov. 15, 2021, 135 Stat. 1075, provided that: ‘‘(a) AUTHORIZATION OF APPROPRIATIONS.—There is au- thorized to be appropriated to the Secretary [of En- ergy] for the weatherization assistance program estab- lished under part A of title IV of the Energy Conserva- tion and Production Act (42 U.S.C. 6861 et seq.) $3,500,000,000 for fiscal year 2022, to remain available until expended. ‘‘(b) APPLICATION OF WAGE RATE REQUIREMENTS TO WEATHERIZATION ASSISTANCE PROGRAM.—With respect to work performed under the weatherization assistance program established under part A of title IV of the En- ergy Conservation and Production Act (42 U.S.C. 6861 et seq.) on a project assisted in whole or in part by fund- ing made available under subsection (a), the require- ments of section 41101 [42 U.S.C. 18851] shall apply only to work performed on multifamily buildings with not fewer than 5 units.’’ [For provisions relating to rates of wages to be paid to laborers and mechanics on projects for construction, alteration, or repair work funded under div. D or an amendment by div. D of Pub. L. 117–58, including au- thority of Secretary of Labor, see section 18851 of this title.] § 6862. Definitions As used in this part: (1) The term ‘‘Secretary’’ means the Sec- retary 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.