Legal Authority SERC 42 USC 6872

Page 6251

TITLE 42—THE PUBLIC HEALTH AND WELFARE

and on the national economy. Before and during
the course of such investigation the Comptroller
General shall consult with and coordinate his
activities with the Congressional Budget Office
and the Advisory Commission on Intergovernmental Relations. The Comptroller General
shall report the results of such investigation to
the Congress within one year after July 22, 1976,
together with an evaluation of the macroeconomic effect of the program established
under this subchapter and any recommendations
for improving the effectiveness of similar programs. All officers and employees of the United
States shall make available all information, reports, data, and any other material necessary to
carry out the provisions of this subsection to
the Comptroller General upon a reasonable request.
(b) The Congressional Budget Office and the
Advisory Commission on Intergovernmental Relations shall conduct a study to determine the
most effective means by which the Federal Government can stabilize the national economy during periods of rapid economic growth and high
inflation through programs directed toward
State and local governments. Such study shall
include a comparison of the effectiveness of alternative factors for triggering and measuring
the extent of the fiscal coordination problem addressed by this program, and the effect of the recession on State and local expenditures. Before
and during the course of such study, the Congressional Budget Office and the Advisory Commission shall consult with and coordinate their
activities with the Comptroller General of the
United States. The Congressional Budget Office
and the Advisory Commission shall report the
results of such study to Congress within two
years after July 22, 1976. Such study shall include the opinions of the Comptroller General
with respect to such study.
(c) The Secretary shall, in consultation with
the Secretary of Commerce, conduct an investigation of—
(1) the extent to which allocations of funds
provided under this chapter might be more
precisely related to true economic conditions
by the use of data on aggregate declines in private real wages and salaries;
(2) the extent to which other factors, such as
relative tax effort, should also be made part of
the allocation system provided by this chapter; and
(3) the availability and reliability of data
concerning Puerto Rico, Guam, the Virgin Islands, American Samoa, and the Trust Territory of the Pacific Islands, and the extent to
which such territories may properly be made
part of the regular allocation system applicable to the several States.
The results of such investigation shall be submitted to the Congress not later than March 1,
1978, in order that such results may be available
during congressional consideration of any extension of this chapter beyond the fiscal year ending September 30, 1978.
(Pub. L. 94–369, title II, § 215, July 22, 1976, 90
Stat. 1010; Pub. L. 95–30, title VI, § 606, May 23,
1977, 91 Stat. 167.)

TERMINATION OF TRUST TERRITORY OF THE PACIFIC
ISLANDS
For termination of Trust Territory of the Pacific Islands, see note set out preceding section 1681 of Title
48, Territories and Insular Possessions.

§ 6736. Authorization of appropriations for Puerto Rico, Guam, American Samoa, and Virgin
Islands
(a) Authorizations for five calendar quarters beginning July 1, 1977
There is hereby authorized to be appropriated
for each of the five succeeding calendar quarters
(beginning with the calendar quarter which begins on July 1, 1977) for the purpose of making
payments under this subchapter to Puerto Rico,
Guam, American Samoa, and the Virgin Islands,
an amount equal to 1 percent of the amount authorized for each such quarter under section
6722(b) of this title.
(b) Allocations
(1) The Secretary shall allocate from the
amount authorized under subsection (a) an
amount for the purpose of making payments to
such governments equal to the total authorized
for the calendar quarter multiplied by the applicable territorial percentage.
(2) For the purposes of this subsection, the applicable territorial percentage is equal to the
quotient resulting from the division of the territorial population by the sum of the territorial
population for all territories.
(3) For purposes of this section—
(A) The term ‘‘territory’’ means Puerto
Rico, Guam, American Samoa, and the Virgin
Islands.
(B) The term ‘‘territorial population’’ means
the most recent population for each territory
as determined by the Bureau of Census.
(C) The provisions of sections 6723(c)(4), 6724,
6725, 6726,1 6727, 6728, 6729, 6730, 6731, 6732, and
6733 1 of this title shall apply to the funds authorized under this section.
(c) Payments to local governments
The governments of the territories are authorized to make payments to local governments
within their jurisdiction from sums received
under this section as they deem appropriate.
(Pub. L. 94–369, title II, § 216, as added Pub. L.
95–30, title VI, § 607, May 23, 1977, 91 Stat. 167.)
REFERENCES IN TEXT
Section 6726 of this title, referred to in subsec.
(b)(3)(C), was repealed by Pub. L. 95–30, title VI, § 603(i),
May 23, 1977, 91 Stat. 166.
Section 6733 of this title, referred to in subsec.
(b)(3)(C), was repealed by Pub. L. 104–66, title I, § 1131(b),
Dec. 21, 1995, 109 Stat. 725.

CHAPTER 81—ENERGY CONSERVATION AND
RESOURCE RENEWAL
SUBCHAPTER I—ELECTRIC UTILITY RATE
DESIGN INITIATIVES
Sec.

6801.
6802.
6803.

Congressional findings and purpose.
Definitions.
Development of electric utility rate design
proposals by Secretary; contents; submission to Congress; supporting analysis.

AMENDMENTS
1977—Subsec. (c). Pub. L. 95–30 added subsec. (c).

§ 6736

1 See

References in Text note below.

§ 6801

TITLE 42—THE PUBLIC HEALTH AND WELFARE

Sec.

6804.
6805.
6806.
6807.
6807a.
6808.

Funding, administrative, and judicial authorities of Secretary.
Grants for State consumer protection offices
by Secretary.
Statement in annual report.
State utility regulatory assistance.
Energy efficiency grants to State regulatory
authorities.
Authorization of appropriations.

SUBCHAPTER II—ENERGY CONSERVATION
STANDARDS FOR NEW BUILDINGS
6831.
6832.
6833.

Congressional findings and purpose.
Definitions.
Updating State building energy efficiency
codes.
6834.
Federal building energy efficiency standards.
6835.
Federal compliance.
6836.
Support for voluntary building energy codes.
6837.
Omitted.
6838 to 6840. Repealed.
SUBCHAPTER III—ENERGY CONSERVATION AND
RENEWABLE-RESOURCE ASSISTANCE FOR EXISTING BUILDINGS
6851.

Congressional findings and purpose.

PART A—WEATHERIZATION ASSISTANCE FOR LOWINCOME PERSONS
6861.
6862.
6863.
6864.
6864a.
6864b.
6865.
6866.

6867.
6868.

6869.
6870.

6871.

6872.
6873.

Congressional findings and purpose.
Definitions.
Weatherization program.
Financial assistance.
Private sector investments.
Technical transfer grants.
Limitations on financial assistance.
Monitoring and evaluation of funded projects;
technical assistance; limitation on assistance.
Administration of projects receiving financial
assistance.
Approval of application or amendment for financial assistance; administrative procedures applicable.
Judicial review of final action by Secretary
on application.
Prohibition against discrimination; notification to funded project of violation; penalties for failure to comply.
Annual report by Secretary and Director to
President and Congress on weatherization
program.
Authorization of appropriations.
Availability of labor.

PART B—ENERGY CONSERVATION AND RENEWABLERESOURCE OBLIGATION GUARANTEES
6881.

Energy resource and renewable-resource obligation guarantee program.
PART C—MISCELLANEOUS PROVISIONS

6891.
6892.

Exchange of energy information among the
States.
Annual report to Congress by Comptroller
General.

SUBCHAPTER I—ELECTRIC UTILITY RATE
DESIGN INITIATIVES
§ 6801. Congressional findings and purpose
(a) The Congress finds that improvement in
electric utility rate design has great potential
for reducing the cost of electric utility services
to consumers and current and projected shortages of capital, and for encouraging energy conservation and better use of existing electrical
generating facilities.

Page 6252

(b) It is the purpose of this subchapter to require the Secretary to develop proposals for improvement of electric utility rate design and
transmit such proposals to Congress; to fund
electric utility rate demonstration projects; to
intervene or participate, upon request, in the
proceedings of utility regulatory commissions;
and to provide financial assistance to State offices of consumer services to facilitate presentation of consumer interests before such commissions.
(Pub. L. 94–385, title II, § 201, Aug. 14, 1976, 90
Stat. 1142; Pub. L. 95–91, title III, § 301(a), title
VII, §§ 703, 707, Aug. 4, 1977, 91 Stat. 577, 606, 607.)
SHORT TITLE
Pub. L. 94–385, § 1, Aug. 14, 1976, 90 Stat. 1125, provided:
‘‘That this Act [enacting this chapter, section 6327 of
this title, section 1701z–8 of Title 12, Banks and Banking, sections 787 and 790 to 790h of Title 15, Commerce
and Trade, amending sections 5818, 6211, 6295, 6323, 6325,
and 6326 of this title and sections 757, 764, 766, 772, 774,
777 and 784 of Title 15, and enacting provisions set out
as notes under sections 6801, 6831, and 6851 of this title,
and sections 753, 757, 761, and 790 of Title 15] may be
cited as the ‘Energy Conservation and Production
Act’.’’
Pub. L. 94–385, title III, § 301, Aug. 14, 1976, 90 Stat.
1144, provided that: ‘‘This title [enacting subchapter II
of this chapter] may be cited as the ‘Energy Conservation Standards for New Buildings Act of 1976’.’’
Pub. L. 94–385, title IV, § 401, Aug. 14, 1976, 90 Stat.
1150, provided that: ‘‘This title [enacting subchapter III
of this chapter, section 6327 of this title, and section
1701z–8 of Title 12, Banks and Banking, and amending
sections 6323, 6325, and 6326 of this title] may be cited
as the ‘Energy Conservation in Existing Buildings Act
of 1976’.’’
TRANSFER OF FUNCTIONS
‘‘Secretary’’, meaning Secretary of Energy, substituted for ‘‘Federal Energy Administration’’ in subsec. (b) pursuant to sections 301(a), 703, and 707 of Pub.
L. 95–91, which are classified to sections 7151(a), 7293,
and 7297 of this title and which terminated Federal Energy Administration and transferred its functions (with
certain exceptions) to Secretary of Energy.

§ 6802. Definitions
As used in this subchapter:
(1) The term ‘‘Secretary’’ means the Secretary of Energy.
(2) The term ‘‘electric utility’’ means any
person, State agency, or Federal agency which
sells electric energy.
(3) The term ‘‘Federal agency’’ means any
agency or instrumentality of the United
States.
(4) The term ‘‘State agency’’ means a State,
political subdivision thereof, or any agency or
instrumentality of either.
(5) The term ‘‘State utility regulatory commission’’ means (A) any utility regulatory
commission which is a State agency or (B) the
Tennessee Valley Authority.
(6) The term ‘‘State’’ means any State, the
District of Columbia, Puerto Rico, and any
territory or possession of the United States.
(7) The term ‘‘utility regulatory commission’’ means any State agency or Federal
agency which has authority to fix, modify, approve, or disapprove rates for the sale of electric energy by any electric utility (other than
by such agency).

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TITLE 42—THE PUBLIC HEALTH AND WELFARE

(Pub. L. 94–385, title II, § 202, Aug. 14, 1976, 90
Stat. 1142; Pub. L. 95–617, title I, § 143, Nov. 9,
1978, 92 Stat. 3134; Pub. L. 105–388, § 5(b)(2), Nov.
13, 1998, 112 Stat. 3479.)
AMENDMENTS
1998—Par. (1). Pub. L. 105–388 made technical amendment by striking heading and designation which had
been inserted by Pub. L. 95–617.
1978—Par. (1). Pub. L. 95–617 substituted ‘‘The term
‘Secretary’ means the Secretary of Energy’’ for ‘‘The
term ‘Administrator’ means the Administrator of the
Federal Energy Administration; except that after such
Administration ceases to exist, such term means any
officer of the United States designated by the President
for purposes of this subchapter’’.

§ 6803. Development of electric utility rate design
proposals by Secretary; contents; submission
to Congress; supporting analysis
(a) The Secretary shall develop proposals to
improve electric utility rate design. Such proposals shall be designed to encourage energy
conservation, minimize the need for new electrical generating capacity, and minimize costs
of electric energy to consumers, and shall include (but not be limited to) proposals which
provide for the development and implementation of—
(1) load management techniques which are
cost effective;
(2) rates which reflect marginal cost of service, or time of use of service, or both;
(3) ratemaking policies which discourage inefficient use of fuel and encourage economical
purchases of fuel; and
(4) rates (or other regulatory policies) which
encourage electric utility system reliability
and reliability of major items of electric utility equipment.
(b) The proposals prepared under subsection
(a) shall be transmitted to each House of Congress not later than 6 months after August 14,
1976, for review and for such further action as
the Congress may direct by law. Such proposals
shall be accompanied by an analysis of—
(1) the projected savings (if any) in consumption of petroleum products, natural gas, electric energy, and other energy resources,
(2) the reduction (if any) in the need for new
electrical generating capacity, and of the demand for capital by the electric utility industry, and
(3) changes (if any) in the cost of electric energy to consumers,
which are likely to result from the implementation nationally of each of the proposals transmitted under this subsection.
(Pub. L. 94–385, title II, § 203, Aug. 14, 1976, 90
Stat. 1143; Pub. L. 95–617, title I, § 143, Nov. 9,
1978, 92 Stat. 3134.)
AMENDMENTS
1978—Subsec. (a). Pub. L. 95–617 substituted ‘‘Secretary’’ for ‘‘Administrator’’, meaning Administrator
of the Federal Energy Administration.

§ 6804. Funding, administrative, and judicial authorities of Secretary
The Secretary may—

§ 6805

(1) fund (A) demonstration projects to improve electric utility load management procedures and (B) regulatory rate reform initiatives,
(2) on request of a State, a utility regulatory
commission, or of any participant in any proceeding before a State utility regulatory commission which relates to electric utility rates
or rate design, intervene and participate in
such proceeding, and
(3) on request of any State, utility regulatory commission, or party to any action to
obtain judicial review of an administrative
proceeding in which the Secretary intervened
or participated under paragraph (2), intervene
and participate in such action.
(Pub. L. 94–385, title II, § 204, Aug. 14, 1976, 90
Stat. 1143; Pub. L. 95–617, title I, § 143, Nov. 9,
1978, 92 Stat. 3134.)
AMENDMENTS
1978—Pub. L. 95–617 substituted ‘‘Secretary’’ for ‘‘Administrator’’, meaning Administrator of the Federal
Energy Administration in two places.

§ 6805. Grants for State consumer protection offices by Secretary
(a) Establishment, operation, and purpose; qualifications for funds
The Secretary may make grants to States, or
otherwise as provided in subsection (c), under
this section to provide for the establishment and
operation of offices of consumer services to assist consumers in their presentations before
utility regulatory commissions. Any assistance
provided under this section shall be provided
only for an office of consumer services which is
operated independently of any such utility regulatory commission and which is empowered to—
(1) make general factual assessments of the
impact of proposed rate changes and other
proposed regulatory actions upon all affected
consumers;
(2) assist consumers in the presentation of
their positions before utility regulatory commissions; and
(3) advocate, on its own behalf, a position
which it determines represents the position
most advantageous to consumers, taking into
account developments in rate design reform.
(b) Grants subject to State assurances on funds
Grants pursuant to subsection (a) of this section shall be made only to States which furnish
such assurances as the Secretary may require
that funds made available under such section
will be in addition to, and not in substitution
for, funds made available to offices of consumer
services from other sources.
(c) Offices established by Tennessee Valley Authority
Assistance may be provided under this section
to an office of consumer services established by
the Tennessee Valley Authority, if such office is
operated independently of the Tennessee Valley
Authority.
(Pub. L. 94–385, title II, § 205, Aug. 14, 1976, 90
Stat. 1144; Pub. L. 95–617, title I, § 143, Nov. 9,
1978, 92 Stat. 3134.)

§ 6806

TITLE 42—THE PUBLIC HEALTH AND WELFARE
AMENDMENTS

1978—Subsecs. (a), (b). Pub. L. 95–617 substituted
‘‘Secretary’’ for ‘‘Administrator’’, meaning Administrator of the Federal Energy Administration.

§ 6806. Statement in annual report
The Secretary shall include in each annual report submitted under section 7267 of this title a
statement with respect to activities conducted
under this subchapter and recommendations as
to the need for and types of further Federal legislation.
(Pub. L. 94–385, title II, § 206, Aug. 14, 1976, 90
Stat. 1144; Pub. L. 95–617, title I, § 143, Nov. 9,
1978, 92 Stat. 3134; Pub. L. 96–470, title II, § 203(g),
Oct. 19, 1980, 94 Stat. 2243.)
AMENDMENTS
1980—Pub. L. 96–470 substituted ‘‘The Secretary shall
include in each annual report submitted under section
7267 of this title a statement’’ for ‘‘Not later than the
last day in December in each year, the Secretary shall
transmit to the Congress a report’’.
1978—Pub. L. 95–617 substituted ‘‘Secretary’’ for ‘‘Administrator’’, meaning Administrator of the Federal
Energy Administration.

§ 6807. State utility regulatory assistance
(a) Grants to State utility regulatory commissions and nonregulated electric utilities
The Secretary may make grants to State utility regulatory commissions and nonregulated
electric utilities (as defined in the Public Utility Regulatory Policies Act of 1978 [16 U.S.C.
2602]) to carry out duties and responsibilities
under titles I [16 U.S.C. 2601 et seq.] and III [15
U.S.C. 3201 et seq.], and section 210 [16 U.S.C.
824a–3], of the Public Utility Regulatory Policies
Act of 1978. No grant may be made under this
section to any Federal agency.
(b) Unnecessary requirements prohibited
Any requirements established by the Secretary with respect to grants under this section
may be only such requirements as are necessary
to assure that such grants are expended solely
to carry out duties and responsibilities referred
to in subsection (a) or such as are otherwise required by law.
(c) Application for grant
No grant may be made under this section unless an application for such grant is submitted
to the Secretary in such form and manner as the
Secretary may require. The Secretary may not
approve an application of a State utility regulatory commission or nonregulated electric utility unless such commission or nonregulated
electric utility assures the Secretary that funds
made available under this section will be in addition to, and not in substitution for, funds
made available to such commission or nonregulated electric utility from other governmental
sources.
(d) Apportionment of funds
The funds appropriated for purposes of this
section shall be apportioned among the States
in such manner that grants made under this section in each State shall not exceed the lesser
of—

Page 6254

(1) the amount determined by dividing
equally among all States the total amount
available under this section for such grants, or
(2) the amount which the Secretary is authorized to provide pursuant to subsections (b)
and (c) of this section for such State.
(Pub. L. 94–385, title II, § 207, Aug. 14, 1976, 90
Stat. 1144; Pub. L. 95–617, title I, § 141, Nov. 9,
1978, 92 Stat. 3133.)
REFERENCES IN TEXT
The Public Utility Regulatory Policies Act of 1978,
referred to in subsec. (a), is Pub. L. 95–617, Nov. 9, 1978,
92 Stat. 3117, as amended. Title I of such Act is classified principally to chapter 46 (§ 2601 et seq.) of Title 16,
Conservation, and title III of such Act is classified generally to chapter 59 (§ 3201 et seq.) of Title 15, Commerce
and Trade. For complete classification of this Act to
the Code, see Short Title note set out under section
2601 of Title 16 and Tables.
AMENDMENTS
1978—Pub. L. 95–617 substituted provisions relating to
grants to State utility regulatory commissions and
nonregulated electric utilities for provisions authorizing appropriations to carry out this subchapter.

§ 6807a. Energy efficiency grants to State regulatory authorities
(a) Energy efficiency grants
The Secretary is authorized in accordance
with the provisions of this section to provide
grants to State regulatory authorities in an
amount not to exceed $250,000 per authority, for
purposes of encouraging demand-side management including energy conservation, energy efficiency and load management techniques and for
meeting the requirements of paragraphs (7), (8),
and (9) of section 2621(d) of title 16 and as a
means of meeting gas supply needs and to meet
the requirements of paragraphs (3) and (4) of section 3203(b) of title 15. Such grants may be utilized by a State regulatory authority to provide
financial assistance to nonprofit subgrantees of
the Department of Energy’s Weatherization Assistance Program in order to facilitate participation by such subgrantees in proceedings of
such regulatory authority to examine energy
conservation, energy efficiency, or other demand-side management programs.
(b) Plan
A State regulatory authority wishing to receive a grant under this section shall submit a
plan to the Secretary that specifies the actions
such authority proposes to take that would
achieve the purposes of this section.
(c) Secretarial action
(1) In determining whether, and in what
amount, to provide a grant to a State regulatory
authority under this section the Secretary shall
consider, in addition to other appropriate factors, the actions proposed by the State regulatory authority to achieve the purposes of this
section and to consider implementation of the
ratemaking standards established in—
(A) paragraphs (7), (8) and (9) of section
2621(d) of title 16; or
(B) paragraphs (3) and (4) of section 3203(b) of
title 15.
(2) Such actions—

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TITLE 42—THE PUBLIC HEALTH AND WELFARE

(A) shall include procedures to facilitate the
participation of grantees and nonprofit subgrantees of the Department of Energy’s
Weatherization Assistance Program in proceedings of such regulatory authorities examining demand-side management programs; and
(B) shall provide for coverage of the cost of
such grantee and subgrantees’ participation in
such proceedings.
(d) Recordkeeping
Each State regulatory authority that receives
a grant under this section shall keep such
records as the Secretary shall require.
(e) ‘‘State regulatory authority’’ defined
For purposes of this section, the term ‘‘State
regulatory authority’’ shall have the same
meaning as provided by section 2602 of title 16 in
the case of electric utilities, and such term shall
have the same meaning as provided by section
3202 of title 15 in the case of gas utilities, except
that in the case of any State without a statewide ratemaking authority, such term shall
mean the State energy office.
(f) Authorization
There are authorized to be appropriated
$5,000,000 for each of the fiscal years 1994, 1995
and 1996 to carry out the purposes of this section.
(Pub. L. 102–486, title I, § 112, Oct. 24, 1992, 106
Stat. 2797.)
CODIFICATION
Section was enacted as part of the Energy Policy Act
of 1992, and not as part of the Energy Conservation and
Production Act which comprises this chapter.

§ 6808. Authorization of appropriations
There are authorized to be appropriated—
(1) not to exceed $40,000,000 for each of the
fiscal years 1979 and 1980 to carry out section
6807 of this title (relating to State utility regulatory assistance);
(2) not to exceed $10,000,000 for each of the
fiscal years 1979 and 1980 to carry out section
6805 of this title (relating to State offices of
consumer services); and
(3) not to exceed $8,000,000 for the fiscal year
1979, and $10,000,000 for the fiscal year 1980 to
carry out section 6804(1)(B) of this title (relating to innovative rate structures).
(Pub. L. 94–385, title II, § 208, as added Pub. L.
95–617, title II, § 142, Nov. 9, 1978, 92 Stat. 3134.)
SUBCHAPTER II—ENERGY CONSERVATION
STANDARDS FOR NEW BUILDINGS
§ 6831. Congressional findings and purpose
(a) The Congress finds that—
(1) large amounts of fuel and energy are consumed unnecessarily each year in heating,
cooling, ventilating, and providing domestic
hot water for newly constructed residential
and commercial buildings because such buildings lack adequate energy conservation features;
(2) Federal voluntary performance standards
for newly constructed buildings can prevent
such waste of energy, which the Nation can no

§ 6832

longer afford in view of its current and anticipated energy shortage;
(3) the failure to provide adequate energy
conservation measures in newly constructed
buildings increases long-term operating costs
that may affect adversely the repayment of,
and security for, loans made, insured, or guaranteed by Federal agencies or made by federally insured or regulated instrumentalities;
and
(4) State and local building codes or similar
controls can provide an existing means by
which to assure, in coordination with other
building requirements and with a minimum of
Federal interference in State and local transactions, that newly constructed buildings contain adequate energy conservation features.
(b) The purposes of this subchapter, therefore,
are to—
(1) redirect Federal policies and practices to
assure that reasonable energy conservation
features will be incorporated into new commercial and residential buildings receiving
Federal financial assistance;
(2) provide for the development and implementation, as soon as practicable, of voluntary performance standards for new residential and commercial buildings which are designed to achieve the maximum practicable
improvements in energy efficiency and increases in the use of nondepletable sources of
energy; and
(3) encourage States and local governments
to adopt and enforce such standards through
their existing building codes and other construction control mechanisms, or to apply
them through a special approval process.
(Pub. L. 94–385, title III, § 302, Aug. 14, 1976, 90
Stat. 1144; Pub. L. 97–35, title X, § 1041(a), Aug.
13, 1981, 95 Stat. 621.)
AMENDMENTS
1981—Subsecs. (a)(2), (b)(2). Pub. L. 97–35 inserted
‘‘voluntary’’ before ‘‘performance standards’’.
EFFECTIVE DATE OF 1981 AMENDMENT
Amendment by Pub. L. 97–35 effective Aug. 13, 1981,
see section 1038 of Pub. L. 97–35, set out as a note under
section 6240 of this title.
SHORT TITLE
For short title of this subchapter as the ‘‘Energy Conservation Standards for New Buildings Act of 1976’’, see
section 301 of Pub. L. 94–385, set out as a note under section 6801 of this title.

§ 6832. Definitions
As used in this subchapter:
(1) Omitted
(2) The term ‘‘building’’ means any structure
to be constructed which includes provision for
a heating or cooling system, or both, or for a
hot water system.
(3) The term ‘‘building code’’ means a legal
instrument which is in effect in a State or
unit of general purpose local government, the
provisions of which must be adhered to if a
building is to be considered to be in conformance with law and suitable for occupancy and
use.
(4) The term ‘‘commercial building’’ means
any building other than a residential building,

§ 6833

TITLE 42—THE PUBLIC HEALTH AND WELFARE

including any building developed for industrial
or public purposes.
(5) The term ‘‘Federal agency’’ means any
department, agency, corporation, or other entity or instrumentality of the executive
branch of the Federal Government, including
the United States Postal Service, the Federal
National Mortgage Association, and the Federal Home Loan Mortgage Corporation.
(6) The term ‘‘Federal building’’ means any
building to be constructed by, or for the use
of, any Federal agency. Such term shall include buildings built for the purpose of being
leased by a Federal agency, and privatized
military housing.
(7) The term ‘‘Federal financial assistance’’
means (A) any form of loan, grant, guarantee,
insurance, payment, rebate, subsidy, or any
other form of direct or indirect Federal assistance (other than general or special revenue
sharing or formula grants made to States) approved by any Federal officer or agency; or (B)
any loan made or purchased by any bank, savings and loan association, or similar institution subject to regulation by the Board of Governors of the Federal Reserve System, the
Federal Deposit Insurance Corporation, the
Comptroller of the Currency, the Federal
Home Loan Bank Board, the Federal Savings
and Loan Insurance Corporation, or the National Credit Union Administration.
(8) The term ‘‘National Institute of Building
Sciences’’ means the institute established by
section 1701j–2 of title 12.
(9) The term ‘‘residential building’’ means
any structure which is constructed and developed for residential occupancy.
(10) The term ‘‘Secretary’’ means the Secretary of Energy.
(11) The term ‘‘State’’ includes each of the
several States, the District of Columbia, the
Commonwealth of Puerto Rico, and any territory and possession of the United States.
(12) The term ‘‘unit of general purpose local
government’’ means any city, county, town,
municipality, or other political subdivision of
a State (or any combination thereof), which
has a building code or similar authority over
a particular geographic area.
(13) The term ‘‘Federal building energy
standards’’ means energy consumption objectives to be met without specification of the
methods, materials, or equipment to be employed in achieving those objectives, but including statements of the requirements, criteria, and evaluation methods to be used, and
any necessary commentary.
(14) The term ‘‘voluntary building energy
code’’ means a building energy code developed
and updated through a consensus process
among interested persons, such as that used
by the Council of American Building Officials;
the American Society of Heating, Refrigerating, and Air-Conditioning Engineers; or other
appropriate organizations.
(15) The term ‘‘CABO’’ means the Council of
American Building Officials.
(16) The term ‘‘ASHRAE’’ means the American Society of Heating, Refrigerating, and
Air-Conditioning Engineers.
(Pub. L. 94–385, title III, § 303, Aug. 14, 1976, 90
Stat. 1145; Pub. L. 95–91, title III, § 301(a), title

Page 6256

VII, §§ 703, 707, Aug. 4, 1977, 91 Stat. 577, 606, 607;
Pub. L. 97–35, title X, § 1041(a), Aug. 13, 1981, 95
Stat. 621; Pub. L. 100–242, title V, § 570(c), Feb. 5,
1988, 101 Stat. 1950; Pub. L. 102–486, title I,
§ 101(a)(1), Oct. 24, 1992, 106 Stat. 2782; Pub. L.
110–140, title IV, § 433(b), Dec. 19, 2007, 121 Stat.
1614.)
CODIFICATION
Par. (1) of this section which read ‘‘The term ‘Administrator’ means the Administrator of the Federal Energy Administration; except that after such Administration ceases to exist, such term means any officer of
the United States designated by the President for purposes of this subchapter’’ has been omitted in view of
the termination of the Federal Energy Administration
and the transfer of its functions and the functions of
the Administrator thereof (with certain exceptions) to
the Secretary of Energy pursuant to sections 301(a),
703, and 707 of Pub. L. 95–91, which are classified to sections 7151(a), 7293, and 7297 of this title and the fact
that the term ‘‘Secretary’’ is defined for the purposes
of this subchapter by par. (10) of this section. In this
subchapter, ‘‘Secretary of Energy’’ has been substituted for ‘‘Administrator’’ wherever appearing.
AMENDMENTS
2007—Par. (6). Pub. L. 110–140 struck out ‘‘which is not
legally subject to State or local building codes or similar requirements’’ after ‘‘any Federal agency’’ and inserted at end ‘‘Such term shall include buildings built
for the purpose of being leased by a Federal agency, and
privatized military housing.’’
1992—Pars. (9) to (16). Pub. L. 102–486 redesignated
pars. (10) to (13) as (9) to (12), respectively, added pars.
(13) to (16), and struck out former par. (9) which read as
follows: ‘‘The term ‘voluntary performance standards’
means an energy consumption goal or goals to be met
without specification of the methods, materials, and
processes to be employed in achieving that goal or
goals, but including statements of the requirements,
criteria and evaluation methods to be used, and any
necessary commentary.’’
1988—Par. (11). Pub. L. 100–242 substituted ‘‘Secretary
of Energy’’ for ‘‘Secretary of Housing and Urban Development’’.
1981—Par. (9). Pub. L. 97–35 inserted ‘‘voluntary’’ before ‘‘performance standards’’.
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 section 1824 of Title 2, The Congress.
EFFECTIVE DATE OF 1981 AMENDMENT
Amendment by Pub. L. 97–35 effective Aug. 13, 1981,
see section 1038 of Pub. L. 97–35, set out as a note under
section 6240 of this title.
TRANSFER OF FUNCTIONS
Federal Savings and Loan Insurance Corporation and
Federal Home Loan Bank Board abolished and functions transferred, see sections 401 to 406 of Pub. L.
101–73, set out as a note under section 1437 of Title 12,
Banks and Banking.

§ 6833. Updating State building energy efficiency
codes
(a) Consideration and determination respecting
residential building energy codes
(1) Not later than 2 years after October 24,
1992, each State shall certify to the Secretary
that it has reviewed the provisions of its residential building code regarding energy efficiency and made a determination as to whether

Page 6257

TITLE 42—THE PUBLIC HEALTH AND WELFARE

it is appropriate for such State to revise such
residential building code provisions to meet or
exceed CABO Model Energy Code, 1992.
(2) The determination referred to in paragraph
(1) shall be—
(A) made after public notice and hearing;
(B) in writing;
(C) based upon findings included in such determination and upon the evidence presented
at the hearing; and
(D) available to the public.
(3) Each State may, to the extent consistent
with otherwise applicable State law, revise the
provisions of its residential building code regarding energy efficiency to meet or exceed
CABO Model Energy Code, 1992, or may decline
to make such revisions.
(4) If a State makes a determination under
paragraph (1) that it is not appropriate for such
State to revise its residential building code,
such State shall submit to the Secretary, in
writing, the reasons for such determination, and
such statement shall be available to the public.
(5)(A) Whenever CABO Model Energy Code,
1992,1 (or any successor of such code) is revised,
the Secretary shall, not later than 12 months
after such revision, determine whether such revision would improve energy efficiency in residential buildings. The Secretary shall publish
notice of such determination in the Federal Register.
(B) If the Secretary makes an affirmative determination under subparagraph (A), each State
shall, not later than 2 years after the date of the
publication of such determination, certify that
it has reviewed the provisions of its residential
building code regarding energy efficiency and
made a determination as to whether it is appropriate for such State to revise such residential
building code provisions to meet or exceed the
revised code for which the Secretary made such
determination.
(C) Paragraphs (2), (3), and (4) shall apply to
any determination made under subparagraph
(B).
(b) Certification of commercial building energy
code updates
(1) Not later than 2 years after October 24,
1992, each State shall certify to the Secretary
that it has reviewed and updated the provisions
of its commercial building code regarding energy efficiency. Such certification shall include
a demonstration that such State’s code provisions meet or exceed the requirements of
ASHRAE Standard 90.1–1989.
(2)(A) Whenever the provisions of ASHRAE
Standard 90.1–1989 (or any successor standard)
regarding energy efficiency in commercial buildings are revised, the Secretary shall, not later
than 12 months after the date of such revision,
determine whether such revision will improve
energy efficiency in commercial buildings. The
Secretary shall publish a notice of such determination in the Federal Register.
(B)(i) If the Secretary makes an affirmative
determination under subparagraph (A), each
State shall, not later than 2 years after the date
of the publication of such determination, certify
1 So

in original. The comma probably should not appear.

§ 6833

that it has reviewed and updated the provisions
of its commercial building code regarding energy efficiency in accordance with the revised
standard for which such determination was
made. Such certification shall include a demonstration that the provisions of such State’s
commercial building code regarding energy efficiency meet or exceed such revised standard.
(ii) If the Secretary makes a determination
under subparagraph (A) that such revised standard will not improve energy efficiency in commercial buildings, State commercial building
code provisions regarding energy efficiency shall
meet or exceed ASHRAE Standard 90.1–1989, or if
such standard has been revised, the last revised
standard for which the Secretary has made an
affirmative determination under subparagraph
(A).
(c) Extensions
The Secretary shall permit extensions of the
deadlines for the certification requirements
under subsections (a) and (b) if a State can demonstrate that it has made a good faith effort to
comply with such requirements and that it has
made significant progress in doing so.
(d) Technical assistance
The Secretary shall provide technical assistance to States to implement the requirements of
this section, and to improve and implement
State residential and commercial building energy efficiency codes or to otherwise promote
the design and construction of energy efficient
buildings.
(e) Availability of incentive funding
(1) The Secretary shall provide incentive funding to States to implement the requirements of
this section, and to improve and implement
State residential and commercial building energy efficiency codes, including increasing and
verifying compliance with such codes. In determining whether, and in what amount, to provide
incentive funding under this subsection, the
Secretary shall consider the actions proposed by
the State to implement the requirements of this
section, to improve and implement residential
and commercial building energy efficiency
codes, and to promote building energy efficiency
through the use of such codes.
(2) Additional funding shall be provided under
this subsection for implementation of a plan to
achieve and document at least a 90 percent rate
of compliance with residential and commercial
building energy efficiency codes, based on energy performance—
(A) to a State that has adopted and is implementing, on a statewide basis—
(i) a residential building energy efficiency
code that meets or exceeds the requirements
of the 2004 International Energy Conservation Code, or any succeeding version of that
code that has received an affirmative determination from the Secretary under subsection (a)(5)(A); and
(ii) a commercial building energy efficiency code that meets or exceeds the requirements of the ASHRAE Standard
90.1–2004, or any succeeding version of that
standard that has received an affirmative
determination from the Secretary under
subsection (b)(2)(A); or

§ 6834

TITLE 42—THE PUBLIC HEALTH AND WELFARE

(B) in a State in which there is no statewide
energy code either for residential buildings or
for commercial buildings, to a local government that has adopted and is implementing
residential and commercial building energy efficiency codes, as described in subparagraph
(A).
(3) Of the amounts made available under this
subsection, the Secretary may use $500,000 for
each fiscal year to train State and local officials
to implement codes described in paragraph (2).
(4)(A) There are authorized to be appropriated
to carry out this subsection—
(i) $25,000,000 for each of fiscal years 2006
through 2010; and
(ii) such sums as are necessary for fiscal
year 2011 and each fiscal year thereafter.
(B) Funding provided to States under paragraph (2) for each fiscal year shall not exceed
one-half of the excess of funding under this subsection over $5,000,000 for the fiscal year.
(Pub. L. 94–385, title III, § 304, as added Pub. L.
102–486, title I, § 101(a)(2), Oct. 24, 1992, 106 Stat.
2783; amended Pub. L. 109–58, title I, § 128, Aug. 8,
2005, 119 Stat. 619.)
PRIOR PROVISIONS
A prior section 6833, Pub. L. 94–385, title III, § 304,
Aug. 14, 1976, 90 Stat. 1146; Pub. L. 95–91, title III,
§§ 301(a), 304(a), title VII, §§ 703, 707, 709(e)(1), Aug. 4,
1977, 91 Stat. 577, 580, 606, 608; Pub. L. 96–399, title III,
§ 326(a)–(c), Oct. 8, 1980, 94 Stat. 1649; Pub. L. 97–35, title
X, § 1041(a), (c), Aug. 13, 1981, 95 Stat. 621; Pub. L.
100–418, title V, § 5115(c), Aug. 23, 1988, 102 Stat. 1433, related to development and promulgation of energy conservation voluntary performance standards for new
commercial and residential buildings, prior to repeal
by Pub. L. 102–486, title I, § 101(a)(2), Oct. 24, 1992, 106
Stat. 2783.
AMENDMENTS
2005—Subsec. (e)(1). Pub. L. 109–58, § 128(1), inserted
‘‘, including increasing and verifying compliance with
such codes’’ before period at end of first sentence.
Subsec. (e)(2) to (4). Pub. L. 109–58, § 128(2), added pars.
(2) to (4) and struck out former par. (2) which read as
follows: ‘‘There are authorized to be appropriated such
sums as may be necessary to carry out this subsection.’’

§ 6834. Federal building energy efficiency standards
(a) In general
(1) Not later than 2 years after October 24,
1992, the Secretary, after consulting with appropriate Federal agencies, CABO, ASHRAE, the
National Association of Home Builders, the Illuminating Engineering Society, the American Institute of Architects, the National Conference of
the States on Building Codes and Standards, and
other appropriate persons, shall establish, by
rule, Federal building energy standards that require in new Federal buildings those energy efficiency measures that are technologically feasible and economically justified. Such standards
shall become effective no later than 1 year after
such rule is issued.
(2) The standards established under paragraph
(1) shall—
(A) contain energy saving and renewable energy specifications that meet or exceed the en-

Page 6258

ergy saving and renewable energy specifications of the 2004 International Energy Conservation Code (in the case of residential
buildings) or ASHRAE Standard 90.1–2004 (in
the case of commercial buildings);
(B) to the extent practicable, use the same
format as the appropriate voluntary building
energy code; and
(C) consider, in consultation with the Environmental Protection Agency and other Federal agencies, and where appropriate contain,
measures with regard to radon and other indoor air pollutants.
(3)(A) Not later than 1 year after August 8,
2005, the Secretary shall establish, by rule, revised Federal building energy efficiency performance standards that require that—
(i) if life-cycle cost-effective for new Federal
buildings—
(I) the buildings be designed to achieve energy consumption levels that are at least 30
percent below the levels established in the
version of the ASHRAE Standard or the
International Energy Conservation Code, as
appropriate, that is in effect as of August 8,
2005; and
(II) sustainable design principles are applied to the siting, design, and construction
of all new and replacement buildings;
(ii) if water is used to achieve energy efficiency, water conservation technologies shall
be applied to the extent that the technologies
are life-cycle cost-effective; and
(iii) if lifecycle cost-effective, as compared
to other reasonably available technologies,
not less than 30 percent of the hot water demand for each new Federal building or Federal
building undergoing a major renovation be
met through the installation and use of solar
hot water heaters.
(B) Not later than 1 year after the date of approval of each subsequent revision of the
ASHRAE Standard or the International Energy
Conservation Code, as appropriate, the Secretary shall determine, based on the cost-effectiveness of the requirements under the amendment, whether the revised standards established
under this paragraph should be updated to reflect the amendment.
(C) In the budget request of the Federal agency for each fiscal year and each report submitted by the Federal agency under section 8258(a)
of this title, the head of each Federal agency
shall include—
(i) a list of all new Federal buildings owned,
operated, or controlled by the Federal agency;
and
(ii) a statement specifying whether the Federal buildings meet or exceed the revised
standards established under this paragraph.
(D) Not later than 1 year after December 19,
2007, the Secretary shall establish, by rule, revised Federal building energy efficiency performance standards that require that:
(i) For new Federal buildings and Federal
buildings undergoing major renovations, with
respect to which the Administrator of General
Services is required to transmit a prospectus
to Congress under section 3307 of title 40, in

Page 6259

TITLE 42—THE PUBLIC HEALTH AND WELFARE

the case of public buildings (as defined in section 3301 of title 40), or of at least $2,500,000 in
costs adjusted annually for inflation for other
buildings:
(I) The buildings shall be designed so that
the fossil fuel-generated energy consumption
of the buildings is reduced, as compared with
such energy consumption by a similar building in fiscal year 2003 (as measured by Commercial Buildings Energy Consumption Survey or Residential Energy Consumption Survey data from the Energy Information Agency), by the percentage specified in the following table:
Fiscal Year
2010
2015
2020
2025
2030

..............................................
..............................................
..............................................
..............................................
..............................................

Percentage
Reduction
55
65
80
90
100.

(II) Upon petition by an agency subject to
this subparagraph, the Secretary may adjust
the applicable numeric requirement under
subclause (I) downward with respect to a
specific building, if the head of the agency
designing the building certifies in writing
that meeting such requirement would be
technically impracticable in light of the
agency’s specified functional needs for that
building and the Secretary concurs with the
agency’s conclusion. This subclause shall
not apply to the General Services Administration.
(III) Sustainable design principles shall be
applied to the siting, design, and construction of such buildings. Not later than 90 days
after December 19, 2007, the Secretary, after
reviewing the findings of the Federal Director under section 17092(h) of this title, in
consultation with the Administrator of General Services, and in consultation with the
Secretary of Defense for considerations relating to those facilities under the custody
and control of the Department of Defense,
shall identify a certification system and
level for green buildings that the Secretary
determines to be the most likely to encourage a comprehensive and environmentallysound approach to certification of green
buildings. The identification of the certification system and level shall be based on a
review of the Federal Director’s findings
under section 17092(h) of this title and the
criteria specified in clause (iii), shall identify the highest level the Secretary determines is appropriate above the minimum
level required for certification under the
system selected, and shall achieve results at
least comparable to the system used by and
highest level referenced by the General Services Administration as of December 19, 2007.
Within 90 days of the completion of each
study required by clause (iv), the Secretary,
in consultation with the Administrator of
General Services, and in consultation with
the Secretary of Defense for considerations
relating to those facilities under the custody
and control of the Department of Defense,
shall review and update the certification

§ 6834

system and level, taking into account the
conclusions of such study.
(ii) In establishing criteria for identifying
major renovations that are subject to the requirements of this subparagraph, the Secretary shall take into account the scope, degree, and types of renovations that are likely
to provide significant opportunities for substantial improvements in energy efficiency.
(iii) In identifying the green building certification system and level, the Secretary shall
take into consideration—
(I) the ability and availability of assessors
and auditors to independently verify the criteria and measurement of metrics at the
scale necessary to implement this subparagraph;
(II) the ability of the applicable certification organization to collect and reflect
public comment;
(III) the ability of the standard to be developed and revised through a consensusbased process;
(IV) an evaluation of the robustness of the
criteria for a high-performance green building, which shall give credit for promoting—
(aa) efficient and sustainable use of
water, energy, and other natural resources;
(bb) use of renewable energy sources;
(cc) improved indoor environmental
quality through enhanced indoor air quality, thermal comfort, acoustics, day lighting, pollutant source control, and use of
low-emission materials and building system controls; and
(dd) such other criteria as the Secretary
determines to be appropriate; and
(V) national recognition within the building industry.
(iv) At least once every 5 years, and in accordance with section 17092 of this title, the
Administrator of General Services shall conduct a study to evaluate and compare available third-party green building certification
systems and levels, taking into account the
criteria listed in clause (iii).
(v) The Secretary may by rule allow Federal
agencies to develop internal certification
processes, using certified professionals, in lieu
of certification by the certification entity
identified under clause (i)(III). The Secretary
shall include in any such rule guidelines to ensure that the certification process results in
buildings meeting the applicable certification
system and level identified under clause
(i)(III). An agency employing an internal certification process must continue to obtain external certification by the certification entity
identified under clause (i)(III) for at least 5
percent of the total number of buildings certified annually by the agency.
(vi) With respect to privatized military
housing, the Secretary of Defense, after consultation with the Secretary may, through
rulemaking, develop alternative criteria to
those established by subclauses (I) and (III) of
clause (i) that achieve an equivalent result in
terms of energy savings, sustainable design,
and green building performance.

§ 6835

TITLE 42—THE PUBLIC HEALTH AND WELFARE

(vii) In addition to any use of water conservation technologies otherwise required by
this section, water conservation technologies
shall be applied to the extent that the technologies are life-cycle cost-effective.
(b) Omitted
(c) Periodic review
The Secretary shall periodically, but not less
than once every 5 years, review the Federal
building energy standards established under this
section and shall, if significant energy savings
would result, upgrade such standards to include
all new energy efficiency and renewable energy
measures that are technologically feasible and
economically justified.
(d) Interim standards
Interim energy performance standards for new
Federal buildings issued by the Secretary under
this subchapter as it existed before October 24,
1992, shall remain in effect until the standards
established under subsection (a) become effective.
(Pub. L. 94–385, title III, § 305, as added Pub. L.
102–486, title I, § 101(a)(2), Oct. 24, 1992, 106 Stat.
2784; amended Pub. L. 109–58, title I, § 109, Aug. 8,
2005, 119 Stat. 614; Pub. L. 110–140, title IV,
§ 433(a), title V, § 523, Dec. 19, 2007, 121 Stat. 1612,
1662.)
CODIFICATION
Subsec. (b) of this section, which required the Secretary to identify and describe, in the annual report required under section 6837 of this title, the basis for any
substantive difference between the Federal building energy standards established under this section and the
appropriate voluntary building energy code, was omitted because of termination of the annual report. See
Codification note set out under section 6837 of this
title.
PRIOR PROVISIONS
A prior section 6834, Pub. L. 94–385, title III, § 305,
Aug. 14, 1976, 90 Stat. 1147, related to availability or approval of Federal financial assistance for new construction, prior to repeal by Pub. L. 97–35, title X, § 1041(b),
Aug. 13, 1981, 95 Stat. 621.
AMENDMENTS
2007—Subsec. (a)(3)(A)(iii). Pub. L. 110–140, § 523, added
cl. (iii).
Subsec. (a)(3)(D). Pub. L. 110–140, § 433(a), added subpar. (D).
2005—Subsec. (a)(2)(A). Pub. L. 109–58, § 109(1), substituted ‘‘the 2004 International Energy Conservation
Code (in the case of residential buildings) or ASHRAE
Standard 90.1–2004’’ for ‘‘CABO Model Energy Code, 1992
(in the case of residential buildings) or ASHRAE Standard 90.1–1989’’.
Subsec. (a)(3). Pub. L. 109–58, § 109(2), added par. (3).
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 section 1824 of Title 2, The Congress.
REVISION OF FEDERAL ACQUISITION REGULATION;
ISSUANCE OF GUIDANCE
Pub. L. 110–140, title IV, § 433(c), (d), Dec. 19, 2007, 121
Stat. 1614, provided that:
‘‘(c) REVISION OF FEDERAL ACQUISITION REGULATION.—
Not later than 2 years after the date of the enactment

Page 6260

of this Act [Dec. 19, 2007], the Federal Acquisition Regulation shall be revised to require Federal officers and
employees to comply with this section [amending this
section and section 6832 of this title] and the amendments made by this section in the acquisition, construction, or major renovation of any facility. The
members of the Federal Acquisition Regulatory Council (established under section 25 of the Office of Federal
Procurement Policy Act ([former] 41 U.S.C. 421) [see 41
U.S.C. 1302]) shall consult with the Federal Director
and the Commercial Director before promulgating regulations to carry out this subsection.
‘‘(d) GUIDANCE.—Not later than 90 days after the date
of promulgation of the revised regulations under subsection (c), the Administrator for Federal Procurement
Policy shall issue guidance to all Federal procurement
executives providing direction and instructions to renegotiate the design of proposed facilities and major
renovations for existing facilities to incorporate improvements that are consistent with this section.’’
[For definitions of ‘‘Federal Director’’ and ‘‘Commercial Director’’ as used in section 433(c) of Pub. L.
110–140, set out above, see section 17061 of this title.]

§ 6835. Federal compliance
(a) Procedures
(1) The head of each Federal agency shall
adopt procedures necessary to assure that new
Federal buildings meet or exceed the Federal
building energy standards established under section 6834 of this title.
(2) The Federal building energy standards established under section 6834 of this title shall
apply to new buildings under the jurisdiction of
the Architect of the Capitol. The Architect shall
adopt procedures necessary to assure that such
buildings meet or exceed such standards.
(b) Construction of new buildings
The head of a Federal agency may expend Federal funds for the construction of a new Federal
building only if the building meets or exceeds
the appropriate Federal building energy standards established under section 6834 of this title.
(Pub. L. 94–385, title III, § 306, as added Pub. L.
102–486, title I, § 101(a)(2), Oct. 24, 1992, 106 Stat.
2785.)
PRIOR PROVISIONS
A prior section 6835, Pub. L. 94–385, title III, § 306,
Aug. 14, 1976, 90 Stat. 1148; Pub. L. 96–399, title III,
§ 326(d), Oct. 8, 1980, 94 Stat. 1650; Pub. L. 97–35, title X,
§ 1041(d), Aug. 13, 1981, 95 Stat. 621, related to compliance with final performance standards by Federal agencies, prior to repeal by Pub. L. 102–486, title I, § 101(a)(2),
Oct. 24, 1992, 106 Stat. 2783.

§ 6836. Support for voluntary building energy
codes
(a) In general
Not later than 1 year after October 24, 1992,
the Secretary, after consulting with the Secretary of Housing and Urban Development, the
Secretary of Veterans Affairs, other appropriate
Federal agencies, CABO, ASHRAE, the National
Conference of States on Building Codes and
Standards, and any other appropriate building
codes and standards organization, shall support
the upgrading of voluntary building energy
codes for new residential and commercial buildings. Such support shall include—
(1) a compilation of data and other information regarding building energy efficiency

Page 6261

TITLE 42—THE PUBLIC HEALTH AND WELFARE

standards and codes in the possession of the
Federal Government, State and local governments, and industry organizations;
(2) assistance in improving the technical
basis for such standards and codes;
(3) assistance in determining the cost-effectiveness and the technical feasibility of the
energy efficiency measures included in such
standards and codes; and
(4) assistance in identifying appropriate
measures with regard to radon and other indoor air pollutants.
(b) Review
The Secretary shall periodically review the
technical and economic basis of voluntary building energy codes and, based upon ongoing research activities—
(1) recommend amendments to such codes
including measures with regard to radon and
other indoor air pollutants;
(2) seek adoption of all technologically feasible and economically justified energy efficiency measures; and
(3) otherwise participate in any industry
process for review and modification of such
codes.
(Pub. L. 94–385, title III, § 307, as added Pub. L.
102–486, title I, § 101(a)(2), Oct. 24, 1992, 106 Stat.
2785.)
PRIOR PROVISIONS
A prior section 6836, Pub. L. 94–385, title III, § 307,
Aug. 14, 1976, 90 Stat. 1149; Pub. L. 95–619, title II, § 255,
Nov. 9, 1978, 92 Stat. 3238, set forth provisions respecting grants to States for adoption and implementation
of performance standards, prior to repeal by Pub. L.
97–35, title X, § 1041(b), Aug. 13, 1981, 95 Stat. 621.

§ 6837. Omitted
CODIFICATION
Section, Pub. L. 94–385, title III, § 308, as added Pub.
L. 102–486, title I, § 101(a)(2), Oct. 24, 1992, 106 Stat. 2786,
which required the Secretary to report annually to
Congress on activities conducted pursuant to this subchapter, terminated, effective May 15, 2000, pursuant to
section 3003 of Pub. L. 104–66, as amended, set out as a
note under section 1113 of Title 31, Money and Finance.
See, also, the 4th item on page 88 of House Document
No. 103–7.
A prior section 6837, Pub. L. 94–385, title III, § 308,
Aug. 14, 1976, 90 Stat. 1149; Pub. L. 97–35, title X,
§ 1041(e), Aug. 13, 1981, 95 Stat. 621, related to technical
assistance to States, etc., prior to repeal by Pub. L.
102–486, § 101(a)(2).

§§ 6838 to 6840. Repealed. Pub. L. 102–486, title I,
§ 101(a)(2), Oct. 24, 1992, 106 Stat. 2783
Section 6838, Pub. L. 94–385, title III, § 309, Aug. 14,
1976, 90 Stat. 1149; Pub. L. 97–35, title X, § 1041(a), Aug.
13, 1981, 95 Stat. 621, related to consultations by Secretary with interested and affected groups in developing and promulgating voluntary performance standards
and establishment of advisory committees.
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 necessary or appropriate to develop and implement voluntary 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.

§ 6851

21, 1982, 96 Stat. 1824, related to monitoring of State
and local adoption and implementation of standards
and reports to Congress on implementation and effectiveness of standards.

SUBCHAPTER III—ENERGY CONSERVATION
AND
RENEWABLE-RESOURCE
ASSISTANCE 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 facilitate such measures are inadequate as a consequence of—
(A) a lack of adequate and available financing for such measures, particularly with
respect to individual consumers and owners
of small businesses;
(B) a shortage of reliable and impartial information 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 consumers, especially individuals and owners of
small businesses, to undertake such measures easily and with confidence in their economic value;
(3) major programs of financial incentives
and assistance for energy conservation measures and renewable-resource energy measures
in dwelling units, nonresidential buildings,
and industrial plants would—
(A) significantly reduce the Nation’s demand for energy and the need for petroleum
imports;
(B) cushion the adverse impact of the high
price of energy supplies on consumers, particularly elderly and handicapped low-income persons who cannot afford to make the
modifications necessary to reduce their residential energy use; and
(C) increase, directly and indirectly, job
opportunities and national economic output;
(4) the primary responsibility for the implementation 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 sufficient to protect the financial investments of

§ 6861

TITLE 42—THE PUBLIC HEALTH AND WELFARE

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 administration is more economical and efficient, direct Federal financial incentives and assistance 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 administered to supplement, and not to supplant
or in any other way conflict with, State energy conservation programs under part C of
title III of the Energy Policy and Conservation
Act [42 U.S.C. 6321 et seq.]; the emergency energy conservation program carried out by
community action agencies pursuant to section 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 subchapter to encourage and facilitate the implementation 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 assistance.
(Pub. L. 94–385, title IV, § 402, Aug. 14, 1976, 90
Stat. 1150.)
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, as amended. Part C of title III of the Energy Policy
and Conservation 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 Buildings 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
under section 6801 of this title. For complete classification of this Act to the Code, see Short Title note set
out under section 6801 of this title and Tables.
SHORT TITLE
For short title of title IV of Pub. L. 94–385, which is
classified principally to this subchapter, as the ‘‘Energy 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 See

References in Text note below.

Page 6262

(1) a fast, cost-effective, and 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;
(2) existing efforts to encourage and facilitate 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 dwellings and otherwise to improve the energy efficiency of such dwellings;
(3) weatherization of such dwellings would
lower shelter costs in dwellings owned or occupied by low-income persons as well as save energy and reduce future energy capacity requirements; and
(4) States, through Community Action Agencies established under the Economic Opportunity 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 support coordinated weatherization programs designed to alleviate the adverse effects of energy costs on such low-income persons, to supplement other Federal programs serving such
low-income persons, and to increase energy efficiency.
(b) It is, therefore, the purpose of this part to
develop and implement a weatherization assistance program to increase the energy efficiency
of dwellings owned or occupied by low-income
persons, reduce their total residential energy expenditures, and improve their health and safety,
especially low-income persons who are particularly vulnerable such as the elderly, the handicapped, 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.)
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, as amended, 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 classified 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 adequate 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-

Page 6263

TITLE 42—THE PUBLIC HEALTH AND WELFARE

pants as well as save thousands of barrels per day of
needed fuel; and
‘‘(4) States, through community action agencies established 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 coordinated weatherization programs designed to ameliorate the adverse effects of high energy costs on such
low-income persons, to supplement other Federal programs serving such persons, and to conserve energy.
‘‘(b) It is, therefore, the purpose of this part to develop and implement a supplementary weatherization
assistance program to assist in achieving a prescribed
level of insulation in the dwellings of low-income persons, 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 energy.’’

§ 6862. Definitions
As used in this part:
(1) The term ‘‘Secretary’’ means the Secretary 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.
(4) The term ‘‘Governor’’ means the chief executive 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 section 1614(a)(3)(A) or 223(d)(1) of the Social Security Act [42 U.S.C. 1382c(a)(3)(A), 423(d)(1)] or
in section 102(7) 1 of the Developmental Disabilities 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 prescribed for such terms by section 3002 of this
title.
(7) The term ‘‘low-income’’ means that income in relation to family size which (A) is at
or below 200 percent of the poverty level determined in accordance with criteria established
by the Director of the Office of Management
and Budget, except that the Secretary may establish 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 payments have been paid during the preceding 12month 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 Energy 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.
1 See

References in Text note below.

§ 6862

(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, including, 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 venting devices; and
(iii) electrical or mechanical furnace ignition systems which replace standing gas
pilot lights;
(C) clock thermostats;
(D) ceiling, attic, wall, floor, and duct insulation;
(E) water heater insulation;
(F) storm windows and doors, multiglazed
windows and doors, heat-absorbing or heatreflective window and door materials;
(G) cooling efficiency modifications, including, but not limited to, replacement airconditioners, ventilation equipment, screening, window films, and shading devices;
(H) solar thermal water heaters;
(I) wood-heating appliances; and
(J) such other insulating or energy conserving devices or technologies as the Secretary may determine, after consulting with
the Secretary of Housing and Urban Development, the Secretary of Agriculture, and
the Director, of the Community Services Administration.
(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.)
REFERENCES IN TEXT
Section 102(7) of the Developmental Disabilities Services 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 subsequently 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-

§ 6863

TITLE 42—THE PUBLIC HEALTH AND WELFARE

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
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 Columbia.’’
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.
1998—Par. (5)(A). Pub. L. 105–220 substituted ‘‘an individual 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 margin of subpar. (G), added subpars. (H) and (I), and redesignated 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 subpar. (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 efficiency of the heating system,’’ in cl. (i), and ‘‘minimizing energy loss through heating system, chimney, or
venting devices’’ for ‘‘modifying flue openings which
will increase the energy efficiency of the heating system,’’ 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 provisions 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 purposes of this part.
Par. (9). Pub. L. 95–619, § 231(b)(2), substituted a specific listing of items to be considered weatherization
materials for purposes of this part for a general statement of the sort of materials that could be considered
as such.
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 section 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 available by this [Act] [div D. of Pub. L. 113–76, see Tables
for classification] or any subsequent Act for fiscal year

Page 6264

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 established 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 established 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 Secretary; grants to States and Indian tribal organizations
The Secretary shall develop and conduct, in
accordance with the purpose and provisions of
this part, a weatherization program. In developing and conducting such program, the Secretary
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 providing financial assistance with regard to projects designed
to provide for the weatherization of dwelling
units, particularly those where elderly or handicapped low-income persons reside, occupied by
low-income families.
(b) Consultation by Secretary with other Federal
departments and agencies on development
and publication in Federal Register of proposed regulations; required regulatory provisions; 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 Register for public comment, not later than 60 days
after August 14, 1976, proposed regulations to
carry out the provisions of this part. The Secretary shall take into consideration comments
submitted regarding such proposed regulations
and shall promulgate and publish final regulations for such purpose not later than 90 days
after August 14, 1976. The development of regulations 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, standards for weatherization materials, energy con-

Page 6265

TITLE 42—THE PUBLIC HEALTH AND WELFARE

servation techniques, and balance combinations thereof, which are designed to achieve a
balance of a healthful dwelling environment
and maximum practicable energy conservation;
(B) that provide guidance to the States in
the implementation of this part, including
guidance designed to ensure that a State establishes (i) procedures that provide protection under paragraph (5) to tenants paying for
energy as a portion of their rent, and (ii) a
process for monitoring compliance with its obligations pursuant to this part; and
(C) that secure the Federal investment made
under this part and address the issues of eviction from and sale of property receiving
weatherization materials under this part.
(3) The Secretary, in coordination with the
Secretaries and Director described in paragraph
(2)(A) and with the Director of the Community
Services Administration and the Secretary of
Agriculture, shall develop and publish in the
Federal Register for public comment, not later
than 60 days after November 9, 1978, proposed
amendments to the regulations prescribed under
paragraph (1). Such amendments shall provide
that the standards described in paragraph (2)(A)
shall include a set of procedures to be applied to
each dwelling unit to determine the optimum
set of cost-effective measures, within the cost
guidelines set for the program, to be installed in
such dwelling unit. Such standards shall, in
order to achieve such optimum savings of energy, take into consideration the following factors—
(A) the cost of the weatherization material;
(B) variation in climate; and
(C) the value of energy saved by the application of the weatherization material.
Such standards shall be utilized by the Secretary in carrying out this part, the Secretary
of Agriculture in carrying out the weatherization program under section 1474(c) of this title,
and the Director of the Community Services Administration in carrying out weatherization programs under section 222(a)(12) of the Economic
Opportunity Act of 1964 [42 U.S.C. 2809(a)(12)].
The Secretary shall take into consideration
comments submitted regarding such proposed
amendment and shall promulgate and publish
final amended regulations not later than 120
days after November 9, 1978.
(4) In carrying out paragraphs (2)(A) and (3),
the Secretary shall establish the standards and
procedures described in such paragraphs so that
weatherization efforts being carried out under
this part and under programs described in the
fourth sentence of paragraph (3) will accomplish
uniform results among the States in any area
with a similar climatic condition.
(5) In any case in which a dwelling consists of
a rental unit or rental units, the State, in the
implementation of this part, shall ensure that—
(A) the benefits of weatherization assistance
in connection with such rental units, including units where the tenants pay for their energy through their rent, will accrue primarily
to the low-income tenants residing in such
units;
(B) for a reasonable period of time after
weatherization work has been completed on a

§ 6863

dwelling containing a unit occupied by an eligible household, the tenants in that unit (including households paying for their energy
through their rent) will not be subjected to
rent increases unless those increases are demonstrably related to matters other than the
weatherization work performed;
(C) the enforcement of subparagraph (B) is
provided through procedures established by
the State by which tenants may file complaints and owners, in response to such complaints, shall demonstrate that the rent increase concerned is related to matters other
than the weatherization work performed; and
(D) no undue or excessive enhancement will
occur to the value of such dwelling units.
(6) As a condition of having assistance provided under this part with respect to multifamily buildings, a State may require financial participation from the owners of such buildings.
(c) Failure of State to submit application; alternate application by any unit of general purpose local government or community action
agency; submission of amended application
by State
If a State does not, within 90 days after the
date on which final regulations are promulgated
under this section, submit an application to the
Secretary which meets the requirements set
forth in section 6864 of this title, any unit of
general purpose local government of sufficient
size (as determined by the Secretary), or a community action agency carrying out programs
under title II of the Economic Opportunity Act
of 1964 [42 U.S.C. 2781 et seq.], may, in lieu of
such State, submit an application (meeting such
requirements and subject to all other provisions
of this part) for carrying out projects under this
part within the geographical area which is subject to the jurisdiction of such government or is
served by such agency. A State may, in accordance with regulations promulgated under this
part, submit an amended application.
(d) Direct grants to low-income members of Indian tribal organizations or alternate service
organizations; application for funds
(1) Reservation of amounts
(A) In general
Subject to subparagraph (B) and notwithstanding any other provision of this part,
the Secretary shall reserve from amounts
that would otherwise be allocated to a State
under this part not less than 100 percent, but
not more than 150 percent, of an amount
which bears the same proportion to the allocation of that State for the applicable fiscal
year as the population of all low-income
members of an Indian tribe in that State
bears to the population of all low-income individuals in that State.
(B) Restrictions
Subparagraph (A) shall apply only if—
(i) the tribal organization serving the
low-income members of the applicable Indian tribe requests that the Secretary
make a grant directly; and
(ii) the Secretary determines that the
low-income members of the applicable In-

§ 6863

TITLE 42—THE PUBLIC HEALTH AND WELFARE

dian tribe would be equally or better
served by making a grant directly than a
grant made to the State in which the lowincome members reside.
(C) Presumption
If the tribal organization requesting the
grant is a tribally designated housing entity
(as defined in section 4103 of title 25) that
has operated without material audit exceptions (or without any material audit exceptions that were not corrected within a 3-year
period), the Secretary shall presume that
the low-income members of the applicable
Indian tribe would be equally or better
served by making a grant directly to the
tribal organization than by a grant made to
the State in which the low-income members
reside.
(2) Administration
The amounts reserved by the Secretary
under this subsection shall be granted to the
tribal organization serving the low-income
members of the Indian tribe, or, where there is
no tribal organization, to such other entity as
the Secretary determines has the capacity to
provide services pursuant to this part.
(3) Application
In order for a tribal organization or other
entity to be eligible for a grant for a fiscal
year under this subsection, it shall submit to
the Secretary an application meeting the requirements set forth in section 6864 of this
title.
(e) Transfer of funds
Notwithstanding any other provision of law,
the Secretary may transfer to the Director sums
appropriated under this part to be utilized in
order to carry out programs, under section
222(a)(12) of the Economic Opportunity Act of
1964 [42 U.S.C. 2809(a)(12)], which further the purpose of this part.
(Pub. L. 94–385, title IV, § 413, Aug. 14, 1976, 90
Stat. 1152; Pub. L. 95–619, title II, § 231(a)(2),
(b)(1), Nov. 9, 1978, 92 Stat. 3224; Pub. L. 96–294,
title V, §§ 573(b), 574, 577(2), June 30, 1980, 94 Stat.
759, 760; Pub. L. 98–479, title II, § 201(h), Oct. 17,
1984, 98 Stat. 2228; Pub. L. 100–418, title V,
§ 5115(c), Aug. 23, 1988, 102 Stat. 1433; Pub. L.
101–440, § 7(b), Oct. 18, 1990, 104 Stat. 1012; Pub. L.
103–82, title IV, § 405(l), Sept. 21, 1993, 107 Stat.
922; Pub. L. 115–325, title II, § 203, Dec. 18, 2018,
132 Stat. 4462.)
REFERENCES IN TEXT
The Economic Opportunity Act of 1964, referred to in
subsecs. (b)(3), (c), and (e), is Pub. L. 88–452, Aug. 20,
1964, 78 Stat. 508, as amended. Title II of the Economic
Opportunity Act of 1964 was classified generally to subchapter II (§ 2781 et seq.) of chapter 34 of this title prior
to repeal by Pub. L. 97–35, title VI, § 683(a), Aug. 13, 1981,
95 Stat. 519. Prior to that repeal, section 222(a)(12) of
that Act [42 U.S.C. 2809(a)(12)] 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, 94 Stat. 2426. For complete classification of this Act to the Code, see Tables.
AMENDMENTS
2018—Subsec. (d)(1). Pub. L. 115–325, § 203(1), added par.
(1) and struck out former par. (1) which related to con-

Page 6266

ditions for reserving funds for direct grants to provide
assistance to low-income members of Indian tribes.
Subsec. (d)(2). Pub. L. 115–325, § 203(2), inserted heading, substituted ‘‘The amounts’’ for ‘‘The sums’’, ‘‘lowincome members of the Indian tribe’’ for ‘‘individuals
for whom such a determination has been made’’, and
‘‘as the Secretary determines’’ for ‘‘as he determines’’,
and struck out ‘‘on the basis of his determination’’ before ‘‘under this subsection’’.
Subsec. (d)(3). Pub. L. 115–325, § 203(3), inserted heading.
1993—Subsec. (b)(1). Pub. L. 103–82 struck out ‘‘the Director of the ACTION Agency,’’ after ‘‘Labor,’’.
1990—Subsec. (b)(2)(B), (C). Pub. L. 101–440, § 7(b)(1),
added subpars. (B) and (C) and struck out former subpar. (B) which read as follows: ‘‘designed to insure that
(i) the benefits of weatherization assistance in connection with leased dwelling units will accrue primarily to
low-income tenants; (ii) the rents on such dwelling
units will not be raised because of any increase in the
value thereof due solely to weatherization assistance
provided under this part; and (iii) no undue or excessive
enhancement will occur to the value of such dwelling
units.’’
Subsec. (b)(5), (6). Pub. L. 101–440, § 7(b)(2), added pars.
(5) and (6).
1988—Subsec. (b)(2)(A). Pub. L. 100–418 substituted
‘‘National Institute of Standards and Technology’’ for
‘‘National Bureau of Standards’’.
1984—Subsec. (b)(1), (2)(A). Pub. L. 98–479 substituted
‘‘Health and Human Services’’ for ‘‘Health, Education,
and Welfare’’.
1980—Subsecs. (a), (b)(1), (3). Pub. L. 96–294, § 577(2),
substituted ‘‘Secretary’’ for ‘‘Administrator’’ wherever
appearing.
Subsec. (b)(4). Pub. L. 96–294, § 574, added par. (4).
Subsec. (c). Pub. L. 96–294, §§ 573(b), 577(2), substituted
‘‘Secretary’’ for ‘‘Administrator’’ wherever appearing,
and struck out provisions relating to determinations
respecting inapplicability of allocation requirement
and priority for an applicable community action agency.
Subsec. (d), (e). Pub. L. 96–294, § 577(2), substituted
‘‘Secretary’’ for ‘‘Administrator’’ wherever appearing.
1978—Subsec. (a). Pub. L. 95–619, § 231(a)(2), substituted ‘‘occupied by low-income families’’ for ‘‘in
which the head of the household is a low-income person’’.
Subsec. (b)(3). Pub. L. 95–619, § 231(b)(1), added par. (3).
EFFECTIVE DATE OF 1993 AMENDMENT
Amendment by Pub. L. 103–82 effective Apr. 4, 1994,
see section 406(b) of Pub. L. 103–82, set out as a note
under section 8332 of Title 5, Government Organization
and Employees.
WEATHERIZATION ASSISTANCE GRANTS COST SHARING
Pub. L. 106–291, title II, Oct. 11, 2000, 114 Stat. 976, provided in part: ‘‘That, hereafter, Indian tribal direct
grantees of weatherization assistance shall not be required to provide matching funds.’’
Provisions of Pub. L. 106–113, div. B, § 1000(a)(3) [title
II], Nov. 29, 1999, 113 Stat. 1535, 1501A–180, which provided that sums appropriated for weatherization assistance grants were to be contingent on a cost share of 25
percent by each participating State or other qualified
participant, were repealed by Pub. L. 106–469, title VI,
§ 601(a), Nov. 9, 2000, 114 Stat. 2040.
COMMUNITY SERVICES ADMINISTRATION
Community Services Administration, which was established 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-

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TITLE 42—THE PUBLIC HEALTH AND WELFARE

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.

§ 6864. Financial assistance
(a) Annual application; contents; allocation to
States
The Secretary shall provide financial assistance, from sums appropriated for any fiscal year
under this part, only upon annual application.
Each such application shall describe the estimated number and characteristics of the low-income persons and the number of dwelling units
to be assisted and the criteria and methods to be
used by the applicant in providing weatherization assistance to such persons. The application
shall also contain such other information (including information needed for evaluation purposes) and assurances as may be required (1) in
the regulations promulgated pursuant to section
6863 of this title and (2) to carry out this section.
The Secretary shall allocate financial assistance
to each State on the basis of the relative need
for weatherization assistance among low-income
persons throughout the States, taking into account the following factors:
(A) The number of dwelling units to be
weatherized.
(B) The climatic conditions in the State respecting energy conservation, which may include consideration of annual degree days.
(C) The type of weatherization work to be
done in the various settings.
(D) Such other factors as the Secretary may
determine necessary, such as the cost of heating and cooling, in order to carry out the purpose and provisions of this part.
(b) Requirements for assistance
The Secretary shall not provide financial assistance under this part unless the applicant has
provided reasonable assurances that it has—
(1) established a policy advisory council
which (A) has special qualifications and sensitivity with respect to solving the problems
of low-income persons (including the weatherization and energy-conservation problems of
such persons), (B) is broadly representative of
organizations and agencies which are providing services to such persons in the State or
geographical area in question, and (C) is responsible for advising the responsible official
or agency administering the allocation of financial assistance in such State or area with
respect to the development and implementation of such weatherization assistance program;
(2) established priorities to govern the provision of weatherization assistance to low-income persons, including methods to provide
priority to elderly and handicapped low-income persons, and such priority as the applicant determines is appropriate for single-family or other high-energy-consuming dwelling
units;
(3) established policies and procedures designed to assure that financial assistance provided under this part will be used to supplement, and not to supplant, State or local
funds, and, to the extent practicable, to increase the amounts of such funds that would

§ 6864

be made available in the absence of Federal
funds for carrying out the purpose of this part,
including plans and procedures (A) for securing, to the maximum extent practicable, the
services of volunteers and training participants and public service employment workers,
pursuant to title I of the Workforce Innovation and Opportunity Act [29 U.S.C. 3111 et
seq.], to work under the supervision of qualified supervisors and foremen, (B) for using
Federal financial assistance under this part to
increase the portion of low-income weatherization assistance that the State obtains from
non-Federal
sources,
including
private
sources, and (C) for complying with the limitations set forth in section 6865 of this title; and
(4) selected on the basis of public comment
received during a public hearing conducted
pursuant to section 6865(b)(1) of this title, and
other appropriate findings, community action
agencies or other public or nonprofit entities
to undertake the weatherization activities authorized by this subchapter: Provided, Such selection shall be based on the agency’s experience and performance in weatherization or
housing renovation activities, experience in
assisting low-income persons in the area to be
served, and the capacity to undertake a timely
and effective weatherization program: Provided
further, That in making such selection preference shall be given to any community action
agency or other public or nonprofit entity
which has, or is currently administering, an
effective program under this subchapter or
under title II of the Economic Opportunity
Act of 1964 [42 U.S.C. 2781 et seq.].
(c) Annual update of data used in allocating
funds
Effective with fiscal year 1991, and annually
thereafter, the Secretary shall update the population, eligible households, climatic, residential
energy use, and all other data used in allocating
the funds under this part among the States pursuant to subsection (a).
(Pub. L. 94–385, title IV, § 414, Aug. 14, 1976, 90
Stat. 1154; Pub. L. 96–294, title V, §§ 573(c), 577(2),
June 30, 1980, 94 Stat. 759, 760; Pub. L. 101–440,
§ 7(c), (g), Oct. 18, 1990, 104 Stat. 1012, 1014; Pub.
L. 105–277, div. A, § 101(f) [title VIII, § 405(d)(38),
(f)(29)], Oct. 21, 1998, 112 Stat. 2681–337, 2681–427,
2681–434; Pub. L. 113–128, title V, § 512(k), July 22,
2014, 128 Stat. 1709.)
REFERENCES IN TEXT
The Workforce Innovation and Opportunity Act, referred to in subsec. (b)(3), 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 Economic Opportunity Act of 1964, referred to in
subsec. (b)(4), is Pub. L. 88–452, Aug. 20, 1964, 78 Stat.
508, as amended. Title II of the Economic Opportunity
Act of 1964 was classified generally to subchapter II
(§ 2781 et seq.) of chapter 34 of this title prior to repeal
by Pub. L. 97–35, title VI, § 683(a), Aug. 13, 1981, 95 Stat.
519. For complete classification of this Act to the Code,
see Tables.
AMENDMENTS
2014—Subsec. (b)(3). Pub. L. 113–128 substituted ‘‘securing, to the maximum extent practicable, the serv-

§ 6864a

TITLE 42—THE PUBLIC HEALTH AND WELFARE

ices of volunteers and training participants and public
service employment workers, pursuant to title I of the
Workforce Innovation and Opportunity Act’’ for ‘‘securing, to the maximum extent practicable, the services 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)], substituted ‘‘the Job Training Partnership Act or title I of
the Workforce Investment Act of 1998’’ for ‘‘the Comprehensive 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 ‘‘necessary’’.
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).
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 financial 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 arrangements with utilities, private sector interests, or
other institutions, under which non-Federal financial assistance would be made available to
support programs which install energy efficiency improvements in low-income housing.
(b) Use of funds
Financial assistance provided under this section 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 arrangements; or
(4) other activities reasonably associated
with the development and initial implementation 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

Page 6268

of financial assistance provided to such entities
under section 6863 or section 6864 of this title.
(2) Not less than 80 percent of amounts provided under this section shall be provided to entities other than States.
(3) A recipient of financial assistance under
this section shall have up to three years to complete 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 Government or from a State through a weatherization assistance program under section 6863 or
section 6864 of this title for—
(1) evaluating technical and management
measures which increase program and/or private entity performance in weatherizing lowincome housing;
(2) producing technical information for use
by persons involved in weatherizing low-income 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 provided under this section shall be awarded to entities other than States.
(2) A recipient of financial assistance under
this section may contract with nonprofit entities 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.)
§ 6865. Limitations on financial assistance
(a) Purchase of materials and administration of
projects
(1) Not more than an amount equal to 10 percent of any grant made by the Secretary under
this part may be used for administrative purposes in carrying out duties under this part, except 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 pursuant 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 requires such additional amount to implement effectively the administrative requirements established by the Secretary pursuant to this part.
(2) The Secretary shall establish energy audit
procedures and techniques which (i) meet standards established by the Secretary after consultation with the State Energy Advisory Board established under section 6325(g) of this title, (ii)
establish priorities for selection of weatherization measures based on their cost and contribution to energy efficiency, (iii) measure the energy requirement of individual dwellings and the

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TITLE 42—THE PUBLIC HEALTH AND WELFARE

rate of return of the total conservation investment in a dwelling, and (iv) account for interaction among energy efficiency measures.
(b) Allocation, termination or discontinuance by
Secretary
The Secretary shall insure that financial assistance provided under this part will—
(1) be allocated within the State or area in
accordance with a published State or area
plan, which is adopted by such State after notice and a public hearing, describing the proposed funding distributions and recipients;
(2) be allocated, pursuant to such State or
area plan, to community action agencies carrying out programs under title II of the Economic Opportunity Act of 1964 [42 U.S.C. 2781
et seq.] or to other appropriate and qualified
public or nonprofit entities in such State or
area so that—
(A) funds will be allocated on the basis of
the relative need for weatherization assistance among the low-income persons within
such State or area, taking into account appropriate climatic and energy conservation
factors; and
(B) due consideration will be given to the
results of periodic evaluations of the
projects carried out under this part in light
of available information regarding the current and anticipated energy and weatherization needs of low-income persons within the
State; and
(3) be terminated or discontinued during the
application period only in accordance with
policies and procedures consistent with the
policies and procedures set forth in section
6868 of this title.
(c) Limitations on expenditures; exceptions; annual adjustments
(1) Except as provided in paragraphs (3) and
(4), the expenditure of financial assistance provided under this part for labor, weatherization
materials, and related matters shall not exceed
an average of $6,500 per dwelling unit weatherized in that State. Labor, weatherization materials, and related matter includes, but is not
limited to—
(A) the appropriate portion of the cost of
tools and equipment used to install weatherization materials for a dwelling unit;
(B) the cost of transporting labor, tools, and
materials to a dwelling unit;
(C) the cost of having onsite supervisory personnel;
(D) the cost of making incidental repairs to
a dwelling unit if such repairs are necessary to
make the installation of weatherization materials effective,1 and
(E) the cost of making heating and cooling
modifications, including replacement 2
(2) Dwelling units partially weatherized under
this part or under other Federal programs during the period September 30, 1975, through September 30, 1994, may receive further financial assistance for weatherization under this part.
(3) Beginning with fiscal year 2000, the dwelling unit averages provided in paragraphs (1) and
1 So

in original. The comma probably should be a semicolon.
2 So in original. Probably should be followed by a period.

§ 6865

(4) shall be adjusted annually by increasing the
average amount by an amount equal to—
(A) the average amount for the previous fiscal year, multiplied by
(B) the lesser of (i) the percentage increase
in the Consumer Price Index (all items, United
States city average) for the most recent calendar year completed before the beginning of
the fiscal year for which the determination is
being made, or (ii) three percent.
(4) The expenditure of financial assistance provided under this part for labor, weatherization
materials, and related matters for a renewable
energy system shall not exceed an average of
$3,000 per dwelling unit.
(5)(A) The Secretary shall by regulations—
(i) establish the criteria which are to be used
in prescribing performance and quality standards under paragraph (6)(A)(ii) or in specifying
any form of renewable energy under paragraph
(6)(A)(i)(I); and
(ii) establish a procedure under which a
manufacturer of an item may request the Secretary to certify that the item will be treated,
for purposes of this paragraph, as a renewable
energy system.
(B) The Secretary shall make a final determination with respect to any request filed under
subparagraph (A)(ii) within 1 year after the filing of the request, together with any information required to be filed with such request under
subparagraph (A)(ii).
(C) Each month the Secretary shall publish a
report of any request under subparagraph (A)(ii)
which has been denied during the preceding
month and the reasons for the denial.
(D) The Secretary shall not specify any form
of renewable energy under paragraph (6)(A)(i)(I)
unless the Secretary determines that—
(i) there will be a reduction in oil or natural
gas consumption as a result of such specification;
(ii) such specification will not result in an
increased use of any item which is known to
be, or reasonably suspected to be, environmentally hazardous or a threat to public
health or safety; and
(iii) available Federal subsidies do not make
such specification unnecessary or inappropriate (in the light of the most advantageous allocation of economic resources).
(6) In this subsection—
(A) the term ‘‘renewable energy system’’
means a system which—
(i) when installed in connection with a
dwelling, transmits or uses—
(I) solar energy, energy derived from the
geothermal deposits, energy derived from
biomass, or any other form of renewable
energy which the Secretary specifies by
regulations, for the purpose of heating or
cooling such dwelling or providing hot
water or electricity for use within such
dwelling; or
(II) wind energy for nonbusiness residential purposes;
(ii) meets the performance and quality
standards (if any) which have been prescribed by the Secretary by regulations;

§ 6865

TITLE 42—THE PUBLIC HEALTH AND WELFARE

(iii) in the case of a combustion rated system, has a thermal efficiency rating of at
least 75 percent; and
(iv) in the case of a solar system, has a
thermal efficiency rating of at least 15 percent; and
(B) the term ‘‘biomass’’ means any organic
matter that is available on a renewable or recurring basis, including agricultural crops and
trees, wood and wood wastes and residues,
plants (including aquatic plants), grasses, residues, fibers, and animal wastes, municipal
wastes, and other waste materials.
(d) Supplementary financial assistance to States
Beginning with fiscal year 1992, the Secretary
may allocate funds appropriated pursuant to
section 6872(b) 3 of this title to provide supplementary financial assistance to those States
which the Secretary determines have achieved
the best performance during the previous fiscal
year in achieving the purposes of this part. In
making this determination, the Secretary
shall—
(1) consult with the State Energy Advisory
Board established under section 6325(g) of this
title; and
(2) give priority to those States which, during such previous fiscal year, obtained a significant portion of income from non-Federal
sources for their weatherization programs or
increased significantly the portion of low-income weatherization assistance that the State
obtained from non-Federal sources.
(e) Supplementary financial assistance to grant
recipients
(1)(A) Beginning with fiscal year 1992, the Secretary may allocate, from funds appropriated
pursuant to section 6872(b) 3 of this title, among
the States an equal amount for each State not
to exceed $100,000 per State. Each State shall
make available amounts received under this
subsection to provide supplementary financial
assistance to recipients of grants under this part
that have achieved the best performance during
the previous fiscal year in advancing the purposes of this part.
(B) None of the funds made available under
this subsection may be used by any State for administrative purposes.
(2) The Secretary shall, after consulting with
the State Energy Advisory Board referred to in
subsection (d)(1), prescribe guidelines to be used
by each State in making available supplementary financial assistance under this subsection, with a priority being given to subgrantees that, by law or through administrative
or other executive action, provided non-Federal
resources (including private resources) to supplement Federal financial assistance under this
part during the previous fiscal year.
(Pub. L. 94–385, title IV, § 415, Aug. 14, 1976, 90
Stat. 1155; Pub. L. 95–619, title II, § 231(c), Nov. 9,
1978, 92 Stat. 3225; Pub. L. 96–294, title V, §§ 571,
572, 573(a), 575, 577(2), June 30, 1980, 94 Stat. 759,
760; Pub. L. 98–558, title IV, §§ 403, 404, Oct. 30,
1984, 98 Stat. 2887, 2888; Pub. L. 101–440, § 7(d)–(f),
(i), Oct. 18, 1990, 104 Stat. 1013, 1014; Pub. L.
3 See

References in Text note below.

Page 6270

106–469, title VI, § 601(b), Nov. 9, 2000, 114 Stat.
2040; Pub. L. 109–58, title II, § 206(a), Aug. 8, 2005,
119 Stat. 654; Pub. L. 111–5, div. A, title IV,
§ 407(b), (e), Feb. 17, 2009, 123 Stat. 146.)
REFERENCES IN TEXT
The Economic Opportunity Act of 1964, referred to in
subsec. (b)(2), is Pub. L. 88–452, Aug. 20, 1964, 78 Stat.
508. Title II of the Economic Opportunity Act of 1964
was classified generally to subchapter II (§ 2781 et seq.)
of chapter 34 of this title prior to repeal by Pub. L.
97–35, title VI, § 683(a), Aug. 13, 1981, 95 Stat. 519. For
complete classification of this Act to the Code, see
Tables.
Section 6872 of this title, referred to in subsecs. (d)
and (e)(1)(A), was amended by Pub. L. 105–388, § 3, Nov.
13, 1998, 112 Stat. 3477, and, as so amended, no longer
contains a subsec. (b).
AMENDMENTS
2009—Subsec. (c)(1). Pub. L. 111–5, § 407(b), substituted
‘‘$6,500’’ for ‘‘$2,500’’ in introductory provisions.
Subsec. (c)(2). Pub. L. 111–5, § 407(e), substituted ‘‘September 30, 1994’’ for ‘‘September 30, 1979’’.
2005—Subsec. (c)(1). Pub. L. 109–58, § 206(a)(1), substituted ‘‘in paragraphs (3) and (4)’’ for ‘‘in paragraph
(3)’’ in introductory provisions.
Subsec. (c)(3). Pub. L. 109–58, § 206(a)(2), substituted
‘‘dwelling unit averages provided in paragraphs (1) and
(4)’’ for ‘‘$2,500 per dwelling unit average provided in
paragraph (1)’’ in introductory provisions.
Subsec. (c)(4) to (6). Pub. L. 109–58, § 206(a)(3), added
pars. (4) to (6).
2000—Subsec. (a)(1). Pub. L. 106–469, § 601(b)(1), struck
out first sentence which read as follows: ‘‘Except as
provided in paragraph (2), an average of at least forty
percent of the funds provided in a State under this part
for weatherization materials, labor, and related matters described in subsection (c) of this section shall be
spent for weatherization materials.’’
Subsec. (a)(2). Pub. L. 106–469, § 601(b)(2)(C), struck out
subpar. (B) which read as follows: ‘‘The Secretary shall
make information on energy audit procedures and techniques available to States applying for a waiver under
subparagraph (A) and shall provide training for State
and local agencies in the implementation of such procedures and techniques.’’
Pub. L. 106–469, § 601(b)(2)(B), which directed amendment of par. (2) by substituting ‘‘establish’’ for ‘‘approve a State’s application to waive the 40 percent requirement established in paragraph (1) if the State includes in its plan’’, was executed by making the substitution for ‘‘approve a State’s application to waive the
40-percent requirement established in paragraph (1) if
the State includes in its plan’’, to reflect the probable
intent of Congress.
Pub. L. 106–469, § 601(b)(2)(A), struck out ‘‘(A)’’ before
‘‘The Secretary shall approve’’.
Subsec. (c)(1). Pub. L. 106–469, § 601(b)(3)(A), (B), in introductory provisions, substituted ‘‘paragraph (3)’’ for
‘‘paragraphs (3) and (4)’’ and ‘‘$2,500’’ for ‘‘$1,600’’.
Subsec. (c)(1)(E). Pub. L. 106–469, § 601(b)(3)(C)–(E),
added subpar. (E).
Subsec. (c)(3). Pub. L. 106–469, § 601(b)(4), in introductory provisions, substituted ‘‘2000, the $2,500 per dwelling unit average’’ for ‘‘1991, the $1,600 per dwelling unit
limitation’’ and ‘‘average amount’’ for ‘‘limitation
amount’’, in subpar. (A), substituted ‘‘average’’ for
‘‘limitation’’, and, in subpar. (B), inserted ‘‘the’’ after
‘‘beginning of’’.
Subsec. (c)(4). Pub. L. 106–469, § 601(b)(5), struck out
par. (4), which required the Secretary, upon State application, to establish a separate average per dwelling
unit limitation for dwelling units in the State.
1990—Subsec. (a). Pub. L. 101–440, § 7(d), substituted
‘‘(1) Except as provided in paragraph (2), an average’’
for ‘‘An average’’, inserted before period at end ‘‘, and
a State may provide in the plan adopted pursuant to
subsection (b) for recipients of grants of less than

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TITLE 42—THE PUBLIC HEALTH AND WELFARE

$350,000 to use up to an additional 5 percent of such
grant for administration if the State has determined
that such recipient requires such additional amount to
implement effectively the administrative requirements
established by the Secretary pursuant to this part’’,
and added par. (2).
Subsec. (c)(1). Pub. L. 101–440, § 7(e)(1), substituted
‘‘Except as provided in paragraphs (3) and (4), the expenditure’’ for ‘‘The expenditure’’.
Subsec. (c)(3), (4). Pub. L. 101–440, § 7(e)(2), added pars.
(3) and (4).
Subsec. (d). Pub. L. 101–440, § 7(i), added subsec. (d).
Pub. L. 101–440, § 7(f), struck out subsec. (d) which established a performance fund to provide financial assistance to those States the Secretary determined to
have demonstrated the best performance during the
previous fiscal year in providing weatherization assistance.
Subsec. (e). Pub. L. 101–440, § 7(i), added subsec. (e).
1984—Subsec. (a). Pub. L. 98–558, § 403(1), substituted
provisions that an average of at least forty percent of
the funds provided shall be spent for weatherization for
former provisions which directed the Secretary to use
funds to the maximum extent practicable.
Subsec. (c). Pub. L. 98–558, § 403(2), in amending subsec. (c) generally, substituted provisions that expenditures shall not exceed an average of $1,600 per dwelling
unit for former provisions which provided for an $800
per dwelling unit limit in par. (1), struck out ‘‘(not to
exceed $150)’’ after ‘‘the cost’’ in par. (1)(D), substituted
provisions that dwelling units partially weatherized between certain dates could receive further financial assistance under this part for former provisions that $800
limit would not apply if the State policy advisory council requested greater amounts from the Secretary and
the Secretary gave approval in par. (2), and deleted
former par. (3) which provided that in areas where the
Secretary, after consultation with the Secretary of
Labor, determined that there was an insufficient number of volunteers and training participants and public
service employment workers, assisted pursuant to the
Comprehensive Employment and Training Act of 1973,
available to work on weatherization projects under the
supervision of qualified supervisors and foremen, the
Secretary could increase the limitation of $800 to not
more than $1,600 to cover the costs of paying persons
who would install the weatherization materials and, to
the maximum extent practicable, who would otherwise
be able to participate as training participants and public service employment workers pursuant to the Comprehensive Employment and Training Act of 1973.
Subsec. (d). Pub. L. 98–558, § 404, added subsec. (d).
1980—Subsec. (a). Pub. L. 96–294, §§ 571, 577(2), substituted ‘‘Secretary’’ for ‘‘Administrator’’ and provisions limiting amounts used for administrative purposes in any grant made by the Secretary under this
part for provisions limiting amounts used for administrative purposes in any grant made pursuant to section
6863(a) of this title and any allocations under this section.
Subsec. (b). Pub. L. 96–294, §§ 573(a), 577(2), substituted
in provision preceding par. (1) ‘‘Secretary’’ for ‘‘Administrator’’, redesignated former par. (2)(C) as (B), and
struck out former par. (2)(B), which related to funds allocated for carrying out weatherization projects under
this part in the geographical area served by the emergency program.
Subsec. (c)(1). Pub. L. 96–294, §§ 572(1), 575, inserted in
provision preceding subpar. (A) reference to par. (3) and
in subpar. (D) substituted ‘‘$150’’ for ‘‘$100’’.
Subsec. (c)(2). Pub. L. 96–294, § 577(2), substituted
‘‘Secretary’’ for ‘‘Administrator’’ wherever appearing.
Subsec. (c)(3). Pub. L. 96–294, § 572(2), added par. (3).
1978—Subsec. (a). Pub. L. 95–619, § 231(c)(1), authorized
expenditure of allocations under this part for costs related to weatherization of a dwelling unit as provided
in subsec. (c) of this section and substituted an administrative expenses limitation of five percent of any allocation under this section for a similar limitation of
ten percent of any such allocation.

§ 6867

Subsec. (c). Pub. L. 95–619, § 231(c)(2), included expenditure of financial assistance provided under this section
for costs related to procurement and installation of
weatherization materials in dwelling units in the maximum amount available per dwelling unit and increased
such maximum amount to $800 per unit.
PERFORMANCE FUND; RESTRICTION ON USE
Pub. L. 99–190, § 101(d) [title II, § 201], Dec. 19, 1985, 99
Stat. 1224, 1253, provided: ‘‘That section 404 of Public
Law 98–558 [enacting subsec. (d) of this section] shall
not be effective in any fiscal year in which the amount
made available for low income weatherization assistance from appropriations under this head is less than 5
per centum above the amount made available in fiscal
year 1985.’’

§ 6866. Monitoring and evaluation of funded
projects; technical assistance; limitation on
assistance
The Secretary, in coordination with the Director, shall monitor and evaluate the operation of
projects receiving financial assistance under
this part through methods provided for in section 6867(a) of this title, through onsite inspections, or through other means, in order to assure
the effective provision of weatherization assistance for the dwelling units of low-income persons. The Secretary shall also carry out periodic
evaluations of the program authorized by this
part and projects receiving financial assistance
under this part. The Secretary may provide
technical assistance to any such project, directly and through persons and entities with a
demonstrated capacity in developing and implementing appropriate technology for enhancing
the effectiveness of the provision of weatherization assistance to the dwelling units of low-income persons, utilizing in any fiscal year not to
exceed up to 20 percent of the sums appropriated
for such year under this part.
(Pub. L. 94–385, title IV, § 416, Aug. 14, 1976, 90
Stat. 1156; Pub. L. 96–294, title V, § 577(2), June
30, 1980, 94 Stat. 760; Pub. L. 111–5, div. A, title
IV, § 407(d), Feb. 17, 2009, 123 Stat. 146.)
AMENDMENTS
2009—Pub. L. 111–5 substituted ‘‘up to 20 percent’’ for
‘‘10 percent’’.
1980—Pub. L. 96–294 substituted ‘‘Secretary’’ for ‘‘Administrator’’ wherever appearing.

§ 6867. Administration of projects receiving financial assistance
(a) Reporting requirements
The Secretary, in consultation with the Director, by general or special orders, may require
any recipient of financial assistance under this
part to provide, in such form as he may prescribe, such reports or answers in writing to specific questions, surveys, or questionnaires as
may be necessary to enable the Secretary and
the Director to carry out their functions under
this part.
(b) Maintenance of records
Each person responsible for the administration of a weatherization assistance project receiving financial assistance under this part shall
keep such records as the Secretary may prescribe in order to assure an effective financial
audit and performance evaluation of such
project.

§ 6868

TITLE 42—THE PUBLIC HEALTH AND WELFARE

(c) Audit and examination of books, etc.
The Secretary, the Director (with respect to
community action agencies), and the Comptroller General of the United States, or any of their
duly authorized representatives, shall have access for the purpose of audit and examination to
any books, documents, papers, information, and
records of any project receiving financial assistance under this part that are pertinent to the financial assistance received under this part.
(d) Method of payments
Payments under this part may be made in installments and in advance, or by way of reimbursement, with necessary adjustments on account of overpayments or underpayments.
(Pub. L. 94–385, title IV, § 417, Aug. 14, 1976, 90
Stat. 1156; Pub. L. 96–294, title V, § 577(2), June
30, 1980, 94 Stat. 760.)
AMENDMENTS
1980—Subsecs. (a) to (c). Pub. L. 96–294 substituted
‘‘Secretary’’ for ‘‘Administrator’’ wherever appearing.

§ 6868. Approval of application or amendment for
financial assistance; administrative procedures applicable
(a) The Secretary shall not finally disapprove
any application submitted under this part, or
any amendment thereto, without first affording
the State (or unit of general purpose local government or community action agency under section 6863(c) of this title, as appropriate) in question, as well as other interested parties, reasonable notice and an opportunity for a public hearing. The Secretary may consolidate into a single
hearing the consideration of more than one such
application for a particular fiscal year to carry
out projects within a particular State. Whenever
the Secretary, after reasonable notice and an
opportunity for a public hearing, finds that
there is a failure to comply substantially with
the provisions of this part or regulations promulgated under this part, he shall notify the
agency or institution involved and other interested parties that such State (or unit of general
purpose local government or agency, as appropriate) will no longer be eligible to participate
in the program under this part until the Secretary is satisfied that there is no longer any
such failure to comply.
(b) Reasonable notice under this section shall
include a written notice of intention to act adversely (including a statement of the reasons
therefor) and a reasonable period of time within
which to submit corrective amendments to the
application, or to propose corrective action.
(Pub. L. 94–385, title IV, § 418, Aug. 14, 1976, 90
Stat. 1157; Pub. L. 96–294, title V, § 577(2), June
30, 1980, 94 Stat. 760.)
AMENDMENTS
1980—Subsec. (a). Pub. L. 96–294 substituted ‘‘Secretary’’ for ‘‘Administrator’’ wherever appearing.

§ 6869. Judicial review of final action by Secretary on application
(a) Time for appeal; jurisdiction; filing of administrative record by Secretary
If any applicant is dissatisfied with the Secretary’s final action with respect to the applica-

Page 6272

tion submitted by it under section 6864 of this
title or with a final action under section 6868 of
this title, such applicant may, within 60 days
after notice of such action, file with the United
States court of appeals for the circuit in which
the State involved is located a petition for review of that action. A copy of the petition shall
be forthwith transmitted by the clerk of the
court to the Secretary. The Secretary thereupon
shall file in the court the record of the proceedings on which he based his action, as provided in
section 2112 of title 28.
(b) Conclusiveness of findings of Secretary; remand; modified findings by Secretary; certification of record
The findings of fact by the Secretary, if supported by substantial evidence, shall be conclusive. The court may, for good cause shown, remand the case to the Secretary to take further
evidence, and the Secretary may thereupon
make new or modified findings of fact and may
modify his previous action. The Secretary shall
certify to the court the record of any such further proceedings. Such new or modified findings
of fact shall likewise be conclusive if supported
by substantial evidence.
(c) Power of court to affirm or set aside action of
Secretary; appeal to Supreme Court
The court shall have jurisdiction to affirm the
action of the Secretary or to set it aside, in
whole or in part. The judgment of the court
shall be subject to review by the Supreme Court
of the United States upon certiorari or certification, as provided in section 1254 of title 28.
(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.)
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; notification to funded project of violation; penalties 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 supported in whole or in part with financial assistance 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 recipient 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

Page 6273

TITLE 42—THE PUBLIC HEALTH AND WELFARE

(3) take such other action as may be authorized 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.)
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, as
amended. 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 ‘‘Secretary’’ 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 operation and effectiveness of activities carried out
through community action agencies) the Director 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, including the results of the periodic evaluations
and monitoring activities required by section
6866 of this title. Such report shall include information and data furnished by each State on the
average costs incurred in weatherization of individual dwelling units, the average size of the
dwellings being weatherized, and the average income of households 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.)
AMENDMENTS
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 weatherization 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 ‘‘Administrator’’.

§ 6872. Authorization of appropriations
For the purpose of carrying out the weatherization program under this part, there are authorized to be appropriated—
(1) $750,000,000 for fiscal year 2008;
(2) $900,000,000 for fiscal year 2009;
(3) $1,050,000,000 for fiscal year 2010;
(4) $1,200,000,000 for fiscal year 2011; and
(5) $1,400,000,000 for fiscal year 2012..1
(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.
1 So

in original.

§ 6872

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.)
AMENDMENTS
2007—Pub. L. 110–140 substituted ‘‘appropriated—’’
and pars. (1) to (5) for ‘‘appropriated $500,000,000 for fiscal 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:
‘‘(a) There are authorized to be appropriated for purposes 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 purposes 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 program under this part. There is authorized to be appropriated 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, providing that, 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 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 expended, substituted ‘‘the sum of’’ for ‘‘not to exceed’’
wherever appearing.
1978—Pub. L. 95–619 substituted an appropriations authorization of not to exceed $130,000,000 for fiscal year
ending Sept. 30, 1978, for an authorization of not to exceed $65,000,000 for such fiscal year, substituted an authorization 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.
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 section 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:

§ 6873

TITLE 42—THE PUBLIC HEALTH AND WELFARE

‘‘(1) IN GENERAL.—The Secretary [of Energy] may
make funding available to local weatherization agencies from amounts authorized under the amendment
made by subsection (a) [amending this section] to expand the weatherization assistance program for residential buildings to include materials, benefits, and renewable 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 certifies that the applicant has the capacity to carry out
the proposed activities and that the grantee will include 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 results;
‘‘(C) the impact on the health and safety and energy 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 financial 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 sustainable energy resources for consumers grants for a fiscal 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 Opportunity 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 support of weatherization programs conducted
under part A of the Energy Conservation in Existing Buildings Act of 1976 [42 U.S.C. 6861 et
seq.], section 222(a)(12) 1 of the Economic Opportunity Act of 1964 [42 U.S.C. 2809(a)(12)], and section 504 of the Housing Act of 1949 [42 U.S.C.
1474]:
(1) First, the Secretary of Energy (in consultation with the Director of the Community
Services Administration, the Secretary of Agriculture, 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 employment workers.
(3) After such areas are identified, the Secretary of Labor shall take steps to assure that
1 See

References in Text note below.

Page 6274

such weatherization programs are supported
to the maximum extent practicable in such
areas by such volunteers and training participants 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.)
REFERENCES IN TEXT
The Workforce Innovation and Opportunity Act, referred 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 classification 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, as amended. Part A of the
Energy Conservation 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 Energy 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 service 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 participants and public service employment workers, assisted
pursuant to title I of the Workforce Investment Act of
1998 and the Older American Community Service Employment 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 Partnership Act or title I of the Workforce Investment Act of
1998’’ for ‘‘the Comprehensive Employment and Training Act of 1973’’ in introductory provisions, was executed by making the substitution for ‘‘the Comprehensive Employment Training Act of 1973’’ to reflect the
probable intent of Congress.
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

Page 6275

TITLE 42—THE PUBLIC HEALTH AND WELFARE

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 established 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 established 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
CODIFICATION
This part was, in the original, designated part D and
has been redesignated part B for purposes of codification.

§ 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 obligation evidencing indebtedness, if—
(A) such obligation is entered into or issued
by any person or by any State, political subdivision of a State, or agency and instrumentality 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 industrial 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 measure which is to be installed or otherwise implemented 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 Administration in order to formulate procedures which
would assist small business concerns in obtaining guarantees and commitments to guarantee
under this section.

§ 6881

(b) Preconditions for issuance of guarantees and
commitments to guarantee
No obligation may be guaranteed, and no commitment to guarantee an obligation may be issued, under subsection (a), unless the Secretary
finds that the measure which is to be financed
by such obligation—
(1) has been identified by an energy audit to
be an energy conservation measure or a renewable-resource energy measure; or
(2) is included on a list of energy conservation measures and renewable-resource energy
measures which the Secretary publishes under
section 6325(e)(1) of this title.
Before issuing a guarantee under subsection (a),
the Secretary may require that an energy audit
be conducted with respect to an energy conservation measure or a renewable-resource energy measure which is on a list described in
paragraph (2) and which is to be financed by the
obligation to be guaranteed under this section.
The amount of any obligation which may be
guaranteed under subsection (a) may include the
cost of an energy audit.
(c) Limitations on availability of guarantees;
term of guarantees; aggregate outstanding
principal amount of obligations of one borrower
(1) The Secretary shall limit the availability
of a guarantee otherwise authorized by subsection (a) to obligations entered into by or issued by borrowers who can demonstrate that financing is not otherwise available on reasonable
terms and conditions to allow the measure to be
financed.
(2) No obligation may be guaranteed by the
Secretary under subsection (a) unless the Secretary finds—
(A) there is a reasonable prospect for the repayment of such obligation; and
(B) in the case of an obligation issued by a
person, such obligation constitutes a general
obligation of such person for such guarantee.
(3) The term of any guarantee issued under
subsection (a) may not exceed 25 years.
(4) The aggregate outstanding principal
amount which may be guaranteed under subsection (a) at any one time with respect to obligations entered into or issued by any borrower
may not exceed $5,000,000.
(d) Limitations on original principal amount
guaranteed; revocation of guarantees and
commitments to guarantee; conclusiveness of
guarantee
The original principal amount guaranteed
under subsection (a) may not exceed 90 percent
of the cost of the energy conservation measure
or the renewable-resource energy measure financed by the obligation guaranteed under such
subsection; except that such amount may not
exceed 25 percent of the fair market value of the
building or industrial plant being modified by
such energy conservation measure or renewableresource energy measure. No guarantee issued,
and no commitment to guarantee, which is issued under subsection (a) shall be terminated,
canceled, or otherwise revoked except in accordance with reasonable terms and conditions pre-

§ 6881

TITLE 42—THE PUBLIC HEALTH AND WELFARE

scribed by the Secretary, after consultation
with the Secretary of the Treasury, and contained in the written guarantee or commitment
to guarantee. The full faith and credit of the
United States is pledged to the payment of all
guarantees made under subsection (a). Any such
guarantee made by the Secretary shall be conclusive evidence of the eligibility of the obligation involved for such guarantee, and the validity of any guarantee so made shall be incontestable in the hands of a holder of the guaranteed
obligation except for fraud or material misrepresentation on the part of such holder.
(e) Information and assurances required prior to
guarantees and commitments to guarantee;
maintenance and availability of records; fees
to borrowers; exceptions
(1) No guarantee and no commitment to guarantee may be issued under subsection (a) unless
the Secretary obtains any information reasonably requested and such assurances as are in his
judgment (after consultation with the Secretary
of the Treasury) reasonable to protect the interests of the United States and to assure that such
guarantee or commitment to guarantee is consistent with and will further the purpose of this
subchapter. The Secretary shall require that
records be kept and made available to the Secretary or the Comptroller General, or any of
their duly authorized representatives, in such
detail and form as are determined necessary to
facilitate (A) an effective financial audit of the
energy conservation measure or renewable-resource energy measure investment involved, and
(B) an adequate evaluation of the effectiveness
of this section. The Secretary and the Comptroller General, or any of their duly authorized representatives, shall have access to pertinent
books, documents, papers, and records of any recipient of Federal assistance under this section.
(2) The Secretary may collect a fee from any
borrower with respect to whose obligation a
guarantee or commitment to guarantee is issued
under subsection (a); except that the Secretary
may waive any such fee with respect to any such
borrower or class of borrowers. Fees shall be designed to recover the estimated administrative
expenses incurred under this part; except that
the total of the fees charged any such borrower
may not exceed (A) one percent of the amount of
the guarantee, or (B) one-half percent of the
amount of the commitment to guarantee,
whichever is greater. Any amount collected
under this paragraph shall be deposited in the
miscellaneous receipts of the Treasury.
(f) Default in payment of principal due under
guaranteed obligation; procedures applicable
(1) If there is a default by the obligor in any
payment of principal due under an obligation
guaranteed under subsection (a), and if such default continues for 30 days, the holder of such
obligation or his agent has the right to demand
payment by the Secretary of the unpaid principal of such obligation, consistent with the
terms of the guarantee of such obligation. Such
payment may be demanded within such period
as may be specified in the guarantee or related
agreements, which period shall expire not later
than 90 days from the date of such default. If demand occurs within such specified period, then

Page 6276

not later than 60 days from the date of such demand, the Secretary shall pay to such holder the
unpaid principal of such obligation, consistent
with the terms of the guarantee of such obligation; except that (A) the Secretary shall not be
required to make any such payment if he finds,
prior to the expiration of the 60-day period beginning on the date on which the demand is
made, that there was no default by the obligor
in the payment of principal or that such default
has been remedied, and (B) no such holder shall
receive payment or be entitled to retain payment in a total amount which together with any
other recovery (including any recovery based
upon any security interest) exceeds the actual
loss of principal by such holder.
(2) If the Secretary makes payment to a holder
under paragraph (1), the Secretary shall thereupon—
(A) have all of the rights granted to him by
law or agreement with the obligor; and
(B) be subrogated to all of the rights which
were granted such holder, by law, assignment,
or security agreement applicable to the guaranteed obligation.
(3) The Secretary may, in his discretion, take
possession of, complete, recondition, reconstruct, renovate, repair, maintain, operate, remove, charter, rent, sell, or otherwise dispose of
any property or other interests obtained by him
pursuant to this subsection. The terms of any
such sale or other disposition shall be as approved by the Secretary.
(4) If there is a default by the obligor in any
payment due under an obligation guaranteed
under subsection (a), the Secretary shall take
such action against such obligor or any other
person as is, in his discretion, necessary or appropriate to protect the interests of the United
States. Such an action may be brought in the
name of the United States or in the name of the
holder of such obligation. Such holder shall
make available to the Secretary all records and
evidence necessary to prosecute any such suit.
The Secretary may, in his discretion, accept a
conveyance of property in full or partial satisfaction of any sums owed to him. If the Secretary receives, through the sale of property, an
amount greater than his cost and the amount
paid to the holder under paragraph (1), he shall
pay such excess to the obligor.
(g) Limitation on aggregate outstanding principal amount of obligations guaranteed; time
limitation on guarantees and commitments
to guarantee; authorization of appropriations
(1) The aggregate outstanding principal
amount of obligations which may be guaranteed
under this section may not at any one time exceed $2,000,000,000. No guarantee or commitment
to guarantee may be issued under subsection (a)
after September 30, 1979.
(2) There is authorized to be appropriated for
the payment of amounts to be paid under subsection (f), not to exceed $60,000,000. Any amount
appropriated pursuant to this paragraph shall
remain available until expended.
(3) There is authorized to be appropriated to
carry out the provisions of this part, including
administrative costs, but not for the payment of
amounts to be paid under subsection (f)—

Page 6277

TITLE 42—THE PUBLIC HEALTH AND WELFARE

§ 6892

(A) for the fiscal year ending September 30,
1977, not to exceed $1,836,000; and
(B) for the fiscal year ending September 30,
1978, not to exceed $4,950,000.
(h) Wages paid laborers and mechanics; labor
standards
All laborers and mechanics employed in construction, alteration, or repair which is financed
by an obligation guaranteed under subsection
(a) shall be paid wages at rates not less than
those prevailing on similar construction in the
locality, as determined by the Secretary of
Labor in accordance with sections 3141–3144,
3146, and 3147 of title 40. The Secretary shall not
guarantee any obligations under subsection (a)
without first obtaining adequate assurance that
these labor standards will be maintained during
such construction, alteration, or repair. The
Secretary of Labor shall, with respect to the
labor standards in this subsection, have the authority and functions set forth in Reorganization Plan Numbered 14 of 1950 and section 3145 of
title 40.
(i) Definitions

and functions of Administrator thereof (with certain
exceptions) to Secretary of Energy pursuant to sections
301(a), 703, and 707 of Pub. L. 95–91, which are classified
to sections 7151(a), 7293, and 7297 of this title.

As used in this part:
(1) The term ‘‘Secretary’’ means the Secretary of Energy.
(2) The term ‘‘Comptroller General’’ means
the Comptroller General of the United States.
(3) The terms ‘‘energy audit’’, ‘‘energy conservation measure’’, ‘‘renewable-resource energy measure’’, ‘‘building’’, and ‘‘industrial
plant’’ have the meanings prescribed for such
terms in section 6326 of this title.

§ 6891. Exchange of energy information among
the States

(Pub. L. 94–385, title IV, § 451, Aug. 14, 1976, 90
Stat. 1165; Pub. L. 95–70, § 5, July 21, 1977, 91 Stat.
277; Pub. L. 95–91, title III, § 301(a), title VII,
§§ 703, 707, Aug. 4, 1977, 91 Stat. 577, 606, 607; Pub.
L. 104–316, title I, § 122(q), Oct. 19, 1996, 110 Stat.
3838.)
REFERENCES IN TEXT
This subchapter, referred to in subsec. (e)(1), was in
the original ‘‘this title’’, meaning title IV of Pub. L.
94–385, known as the Energy Conservation in Existing
Buildings 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 under section 6801 of this title. For complete classification of this Act to the Code, see Short Title note
set out under section 6801 of this title and Tables.
Reorganization Plan Numbered 14 of 1950, referred to
in subsec. (h), is set out in the Appendix to Title 5, Government Organization and Employees.
CODIFICATION
In subsec. (h), ‘‘sections 3141–3144, 3146, and 3147 of
title 40’’ substituted for ‘‘the Davis-Bacon Act’’ and
‘‘section 3145 of title 40’’ substituted for ‘‘section 276c of
title 40, United States Code’’, on authority of Pub. L.
107–217, § 5(c), Aug. 21, 2002, 116 Stat. 1303, the first section of which enacted Title 40, Public Buildings, Property, and Works.
In subsec. (i)(1), ‘‘The term ‘Secretary’ means the
Secretary of Energy’’ substituted for ‘‘The term ‘Administrator’ means the Administrator of the Federal
Energy Administration; except that after such Administration ceases to exist, such term means any officer
of the United States designated by the President for
purposes of this part’’ in view of termination of Federal
Energy Administration and transfer of its functions

AMENDMENTS
1996—Subsecs. (d), (e)(1). Pub. L. 104–316 struck out
‘‘and the Comptroller General’’ after ‘‘Secretary of the
Treasury’’.
1977—Subsec. (g)(3). Pub. L. 95–70 added par. (3).
TRANSFER OF FUNCTIONS
‘‘Secretary’’, meaning Secretary of Energy, substituted for ‘‘Administrator’’, meaning Administrator
of Federal Energy Administration, in subsecs. (a) to (f)
and (h) pursuant to sections 301(a), 703, and 707 of Pub.
L. 95–91, which are classified to sections 7151(a), 7293,
and 7297 of this title and which terminated Federal Energy Administration and transferred its functions and
functions of Administrator thereof (with certain exceptions) to Secretary of Energy.

PART C—MISCELLANEOUS PROVISIONS
CODIFICATION
This part was, in the original, designated Part E and
has been redesignated Part C for purposes of codification.

The Secretary of Energy shall (through conferences, publications, and other appropriate
means) encourage and facilitate the exchange of
information among the States with respect to
energy conservation and increased use of nondepletable energy sources.
(Pub. L. 94–385, title IV, § 461, Aug. 14, 1976, 90
Stat. 1168; Pub. L. 95–91, title III, § 301(a), title
VII, § 703, Aug. 4, 1977, 91 Stat. 577, 606.)
TRANSFER OF FUNCTIONS
‘‘Secretary of Energy’’ substituted in text for ‘‘Administrator’’, meaning Administrator of Federal Energy Administration, pursuant to sections 301(a), 703,
and 707 of Pub. L. 95–91, which are classified to sections
7151(a), 7293, and 7297 of this title and which terminated
Federal Energy Administration and transferred its
functions and functions of Administrator thereof (with
certain exceptions) to Secretary of Energy.

§ 6892. Annual report to Congress by Comptroller
General
(a) Requirements; access to information
For each fiscal year ending before October 1,
1979, the Comptroller General shall report to the
Congress on the activities of the Secretary of
Energy and the Secretary under this subchapter
and any amendments to other statutes made by
this subchapter. The provisions of section 771 of
title 15 (relating to access by the Comptroller
General to books, documents, papers, statistics,
data, records, and information in the possession
of the Secretary of Energy or of recipients of
Federal funds) shall apply to data which relate
to such activities.
(b) Contents of report
Each report submitted by the Comptroller
General under subsection (a) shall include—
(1) an accounting, by State, of expenditures
of Federal funds under each program authorized by this subchapter or by amendments
made by this subchapter;

TITLE 42—THE PUBLIC HEALTH AND WELFARE
(2) an estimate of the energy savings which
have resulted thereby;
(3) a thorough evaluation of the effectiveness of the programs authorized by this subchapter or by amendments made by this subchapter in achieving the energy conservation
or renewable resource potential available in
the sectors and regions affected by such programs;
(4) a review of the extent and effectiveness of
compliance monitoring of programs established by this subchapter or by amendments
made by this subchapter and any evidence as
to the occurrence of fraud with respect to such
programs; and
(5) the recommendations of the Comptroller
General with respect to (A) improvements in
the administration of programs authorized by
this subchapter or by amendments made by
this subchapter, and (B) additional legislation,
if any, which is needed to achieve the purposes
of this subchapter.
(c) Definitions
As used in this part:
(1) Omitted
(2) The term ‘‘Comptroller General’’ means
the Comptroller General of the United States.
(3) The term ‘‘Secretary’’ means the Secretary of Housing and Urban Development.
(Pub. L. 94–385, title IV, § 462, Aug. 14, 1976, 90
Stat. 1168; Pub. L. 95–91, title III, § 301(a), title
VII, §§ 703, 707, Aug. 4, 1977, 91 Stat. 577, 606, 607.)

Sec.

6901a.
6902.
6903.
6904.
6905.

CODIFICATION
Subsec. (c)(1) of this section which read ‘‘The term
‘Administrator’ means the Administrator of the Federal Energy Administration; except that after such Administration ceases to exist, such term means any officer of the United States designated by the President for
purposes of this part’’ has been omitted in view of termination of Federal Energy Administration and transfer of its functions and functions of Administrator
thereof (with certain exceptions) to Secretary of Energy pursuant to sections 301(a), 703, and 707 of Pub. L.
95–91, which are classified to sections 7151(a), 7293, and
7297 of this title and the fact that the term ‘‘Secretary’’
is defined for the purposes of this subchapter by par. (3)
of this section. In this part, ‘‘Secretary of Energy’’ has
been substituted for ‘‘Administrator’’ wherever it appears.
TRANSFER OF FUNCTIONS
‘‘Secretary of Energy’’ substituted for ‘‘Administrator’’, meaning Administrator of Federal Energy Administration, in subsec. (a) pursuant to sections 301(a),
703, and 707 of Pub. L. 95–91, which are classified to sections 7151(a), 7293, and 7297 of this title and which terminated Federal Energy Administration and transferred its functions and functions of Administrator
thereof (with certain exceptions) to Secretary of Energy.

CHAPTER 82—SOLID WASTE DISPOSAL
SUBCHAPTER I—GENERAL PROVISIONS
Sec.

6901.

Congressional findings.

Congressional findings: used oil recycling.
Objectives and national policy.
Definitions.
Governmental cooperation.
Application of chapter and integration with
other Acts.
Financial disclosure.
Solid waste management information and
guidelines.
Small town environmental planning.
Agreements with Indian tribes.

6906.
6907.
6908.
6908a.

SUBCHAPTER II—OFFICE OF SOLID WASTE;
AUTHORITIES OF THE ADMINISTRATOR
6911.
6911a.
6912.
6913.
6914.
6914a.
6914b.
6914b–1.
6915.
6916.
6917.

Office of Solid Waste and Interagency Coordinating Committee.
Assistant Administrator of Environmental
Protection Agency; appointment, etc.
Authorities of Administrator.
Resource Recovery and Conservation Panels.
Grants for discarded tire disposal.
Labeling of lubricating oil.
Degradable plastic ring carriers; definitions.
Regulation of plastic ring carriers.
Annual report.
General authorization.
Office of Ombudsman.

SUBCHAPTER III—HAZARDOUS WASTE
MANAGEMENT
6921.
6922.
6923.
6924.

REFERENCES IN TEXT
This subchapter, referred to in subsecs. (a), and (b)(1),
(3), (4), (5), was in the original ‘‘this title’’, meaning
title IV of Pub. L. 94–385 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 under section 6801 of this title.

Page 6278

6925.
6926.
6927.
6928.
6929.
6930.
6931.
6932.
6933.
6934.
6935.
6936.
6937.
6938.
6939.
6939a.
6939b.
6939c.
6939d.
6939e.
6939f.
6939g.

Identification and listing of hazardous waste.
Standards applicable to generators of hazardous waste.
Standards applicable to transporters of hazardous waste.
Standards applicable to owners and operators
of hazardous waste treatment, storage, and
disposal facilities.
Permits for treatment, storage, or disposal of
hazardous waste.
Authorized State hazardous waste programs.
Inspections.
Federal enforcement.
Retention of State authority.
Effective date.
Authorization of assistance to States.
Transferred.
Hazardous waste site inventory.
Monitoring, analysis, and testing.
Restrictions on recycled oil.
Expansion during interim status.
Inventory of Federal agency hazardous waste
facilities.
Export of hazardous wastes.
Domestic sewage.
Exposure information and health assessments.
Interim control of hazardous waste injection.
Mixed waste inventory reports and plan.
Public vessels.
Federally owned treatment works.
Long-term storage.
Hazardous waste electronic manifest system.

SUBCHAPTER IV—STATE OR REGIONAL SOLID
WASTE PLANS
6941.
6941a.
6942.
6943.
6944.
6945.
6946.
6947.
6948.
6949.

Objectives of subchapter.
Energy and materials conservation and recovery; Congressional findings.
Federal guidelines for plans.
Requirements for approval of plans.
Criteria for sanitary landfills; sanitary landfills required for all disposal.
Upgrading of open dumps.
Procedure for development and implementation of State plan.
Approval of State plan; Federal assistance.
Federal assistance.
Rural communities assistance.