42 U.S.C. § 6862 — Definitions

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. Page 6902 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 6862 1 See References in Text note below. (4) The term ‘‘Governor’’ means the chief ex- ecutive 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, (B) who is under a disability as defined in sec- tion 1614(a)(3)(A) or 223(d)(1) of the Social Se- curity Act [42 U.S.C. 1382c(a)(3)(A), 423(d)(1)] or in section 102(7) 1 of the Developmental Dis- abilities Services and Facilities Construction Act [42 U.S.C. 6001(7)], 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 pre- scribed for such terms by section 3002 of this title. (7) The term ‘‘low-income’’ means that in- come in relation to family size which (A) is at or below 200 percent of the poverty level deter- mined in accordance with criteria established by the Director of the Office of Management and Budget, except that the Secretary may es- tablish a higher level if the Secretary, after consulting with the Secretary of Agriculture and the Director of the Community Services Administration, determines that such a higher level is necessary to carry out the purposes of this part and is consistent with the eligibility criteria established for the weatherization program under section 2809(a)(12) of this title, (B) is the basis on which cash assistance pay- ments have been paid during the preceding 12- month period under titles IV and XVI of the Social Security Act [42 U.S.C. 601 et seq., 1381 et seq.] or applicable State or local law, or (C) if a State elects, is the basis for eligibility for assistance under the Low-Income Home En- ergy Assistance Act of 1981 (42 U.S.C. 8621), provided that such basis is at least 200 percent of the poverty level determined in accordance with criteria established by the Director of the Office of Management and Budget. (8) STATE.—The term ‘‘State’’ means— (A) a State; (B) the District of Columbia; (C) the Commonwealth of Puerto Rico; and (D) any other territory or possession of the United States. (9) The term ‘‘weatherization materials’’ means— (A) caulking and weatherstripping of doors and windows; (B) furnace efficiency modifications, in- cluding, but not limited to— (i) replacement burners, furnaces, or boilers or any combination thereof; (ii) devices for minimizing energy loss through heating system, chimney, or vent- ing devices; and (iii) electrical or mechanical furnace ig- nition systems which replace standing gas pilot lights; (C) clock thermostats; (D) ceiling, attic, wall, floor, and duct in- sulation; (E) water heater insulation; (F) storm windows and doors, multiglazed windows and doors, heat-absorbing or heat- reflective window and door materials; (G) cooling efficiency modifications, in- cluding, but not limited to, replacement air- conditioners, ventilation equipment, screen- ing, window films, and shading devices; (H) solar thermal water heaters; (I) wood-heating appliances; and (J) such other insulating or energy con- serving devices or technologies, including re- newable energy technologies and other ad- vanced technologies, as the Secretary may determine, after consulting with the Sec- retary of Housing and Urban Development. (Pub. L. 94–385, title IV, § 412, Aug. 14, 1976, 90 Stat. 1152; Pub. L. 95–602, title I, § 122(e), Nov. 6, 1978, 92 Stat. 2987; Pub. L. 95–619, title II, § 231(a)(1), (b)(2), Nov. 9, 1978, 92 Stat. 3224, 3225; Pub. L. 96–294, title V, § 577(1), (2), June 30, 1980, 94 Stat. 760; Pub. L. 98–558, title IV, §§ 401, 402, Oct. 30, 1984, 98 Stat. 2887; Pub. L. 100–242, title V, § 570(d), Feb. 5, 1988, 101 Stat. 1950; Pub. L. 101–440, § 7(a), Oct. 18, 1990, 104 Stat. 1012; Pub. L. 102–486, title I, § 142(b), Oct. 24, 1992, 106 Stat. 2843; Pub. L. 105–220, title IV, § 414(f), Aug. 7, 1998, 112 Stat. 1242; Pub. L. 109–58, title I, § 122(b), Aug. 8, 2005, 119 Stat. 616; Pub. L. 109–365, title IX, § 901(b), Oct. 17, 2006, 120 Stat. 2599; Pub. L. 110–140, title IV, § 411(c), Dec. 19, 2007, 121 Stat. 1601; Pub. L. 111–5, div. A, title IV, § 407(a), Feb. 17, 2009, 123 Stat. 145; Pub. L. 116–260, div. Z, title I, § 1011(b), Dec. 27, 2020, 134 Stat. 2442.) Editorial Notes REFERENCES IN TEXT Section 102(7) of the Developmental Disabilities Serv- ices and Facilities Construction Act [42 U.S.C. 6001(7)], referred to in par. (5), was repealed by Pub. L. 106–402, title IV, § 401(a), Oct. 30, 2000, 114 Stat. 1737. Section 2809(a)(12) of this title, referred to in par. (7), which was redesignated as section 2809(a)(5) by Pub. L. 95–568, § 5(a)(2)(E), Nov. 2, 1978, 92 Stat. 2426, was subse- quently repealed by Pub. L. 97–35, title VI, § 683(a), Aug. 13, 1981, 95 Stat. 519. The Social Security Act, referred to in par. (7), is act Aug. 14, 1935, ch. 531, 49 Stat. 620. Titles IV and XVI of the Social Security Act are classified generally to sub- chapters IV (§ 601 et seq.) and XVI (§ 1381 et seq.) of chapter 7 of this title. For complete classification of this Act to the Code, see section 1305 of this title and Tables. The Low-Income Home Energy Assistance Act of 1981, referred to in par. (7), is title XXVI of Pub. L. 97–35, Aug. 13, 1981, 95 Stat. 893, which is classified generally to subchapter II (§ 8621 et seq.) of chapter 94 of this title. For complete classification of this Act to the Code, see Short Title note set out under section 8621 of this title and Tables. AMENDMENTS 2020—Par. (9)(J). Pub. L. 116–260 inserted ‘‘, including renewable energy technologies and other advanced technologies,’’ after ‘‘devices or technologies’’ and struck out ‘‘, the Secretary of Agriculture, and the Di- rector, of the Community Services Administration’’ be- fore period at end. 2009—Par. (7). Pub. L. 111–5 substituted ‘‘200 percent’’ for ‘‘150 percent’’ in two places. 2007—Par. (8). Pub. L. 110–140 added par. (8) and struck out former par. (8) which read as follows: ‘‘The term ‘State’ means each of the States and the District of Co- lumbia.’’ 2006—Par. (6). Pub. L. 109–365 struck out ‘‘paragraphs (4), (5), and (6), respectively, of’’ before ‘‘section 3002 of this title’’. 2005—Par. (7). Pub. L. 109–58 substituted ‘‘150 percent’’ for ‘‘125 percent’’ in two places. Page 6903 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 6863 1998—Par. (5)(A). Pub. L. 105–220 substituted ‘‘an indi- vidual with a disability, as defined in section 705 of title 29’’ for ‘‘a handicapped individual as defined in section 7(7) of the Rehabilitation Act of 1973’’. 1992—Par. (9)(G) to (J). Pub. L. 102–486 realigned mar- gin of subpar. (G), added subpars. (H) and (I), and redes- ignated former subpar. (H) as (J). 1990—Par. (9)(G), (H). Pub. L. 101–440 added subpar. (G) and redesignated former subpar. (G) as (H). 1988—Par. (9)(G). Pub. L. 100–242 substituted a single comma for two consecutive commas after ‘‘determine’’. 1984—Par. (7)(C). Pub. L. 98–558, § 401, added cl. (C). Par. (9)(B). Pub. L. 98–558, § 402(1), in amending sub- par. (B) generally, substituted ‘‘, including, but not limited to’’ for ‘‘limited to’’ in provisions preceding cl. (i), ‘‘, furnaces, or boilers or any combination thereof’’ for ‘‘designed to substantially increase the energy effi- ciency of the heating system,’’ in cl. (i), and ‘‘mini- mizing energy loss through heating system, chimney, or venting devices’’ for ‘‘modifying flue openings which will increase the energy efficiency of the heating sys- tem,’’ in cl. (ii). Par. (9)(C). Pub. L. 98–558, § 402(2), struck out ‘‘by rule’’ after ‘‘may determine,’’. 1980—Par. (1). Pub. L. 96–294, § 577(1), substituted pro- visions defining ‘‘Secretary’’ for provisions defining ‘‘Administrator’’. Pars. (7), (9)(G). Pub. L. 96–294, § 577(2), substituted ‘‘Secretary’’ for ‘‘Administrator’’ wherever appearing. 1978—Par. (5). Pub. L. 95–602 substituted ‘‘section 7(7) of the Rehabilitation Act of 1973’’ for ‘‘section 7(6) of the Rehabilitation Act of 1973’’. Par. (7)(A). Pub. L. 95–619, § 231(a)(1), inserted ‘‘125 percent of’’ after ‘‘at or below’’ and inserted provision authorizing the Administrator to establish a higher level for low-income computations after determining such higher level to be necessary to carry out the pur- poses of this part. Par. (9). Pub. L. 95–619, § 231(b)(2), substituted a spe- cific listing of items to be considered weatherization materials for purposes of this part for a general state- ment of the sort of materials that could be considered as such. 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. USE OF APPROPRIATIONS Pub. L. 113–76, div. D, title III, § 308, Jan. 17, 2014, 128 Stat. 175, provided that: ‘‘None of the funds made avail- able by this [Act] [div D. of Pub. L. 113–76, see Tables for classification] or any subsequent Act for fiscal year 2014 or any fiscal year hereafter may be used to pay the salaries of Department of Energy employees to carry out the amendments made by section 407 of division A of the American Recovery and Reinvestment Act of 2009 [Pub. L. 111–5, amending this section and sections 6865 and 6866 of this title].’’ 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. § 6863. Weatherization program (a) Development and conduct of program by Sec- retary; grants to States and Indian tribal or- ganizations The Secretary shall develop and conduct, in accordance with the purpose and provisions of this part, a weatherization program. In devel- oping and conducting such program, the Sec- retary 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 pro- viding financial assistance with regard to projects designed to provide for the weatheriza- tion of dwelling units, particularly those where elderly or handicapped low-income persons re- side, occupied by low-income families. (b) Consultation by Secretary with other Federal departments and agencies on development and publication in Federal Register of pro- posed regulations; required regulatory provi- sions; 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 Reg- ister for public comment, not later than 60 days after August 14, 1976, proposed regulations to carry out the provisions of this part. The Sec- retary shall take into consideration comments submitted regarding such proposed regulations and shall promulgate and publish final regula- tions for such purpose not later than 90 days after August 14, 1976. The development of regula- tions under this part shall be fully coordinated with the Director. (2) The regulations promulgated pursuant to this section shall include provisions— (A) prescribing, in coordination with the Secretary of Housing and Urban Development, the Secretary of Health and Human Services, and the Director of the National Institute of Standards and Technology in the Department of Commerce, for use in various climatic, structural, and human need settings, stand- ards for weatherization materials, energy con- servation techniques, and balance combina- tions thereof, which are designed to achieve a balance of a healthful dwelling environment and maximum practicable energy conserva- tion; (B) that provide guidance to the States in the implementation of this part, including guidance designed to ensure that a State es- tablishes (i) procedures that provide protec- tion under paragraph (5) to tenants paying for energy as a portion of their rent, and (ii) a process for monitoring compliance with its ob- ligations pursuant to this part; and (C) that secure the Federal investment made under this part and address the issues of evic- tion from and sale of property receiving weatherization materials under this part. (3) The Secretary, in coordination with the Secretaries and Director described in paragraph