42 USC CHAPTER 81 - ENERGY CONSERVATION AND RESOURCE RENEWAL

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 81 - ENERGY CONSERVATION AND RESOURCE RENEWAL

Sec.

SUBCHAPTER I - ELECTRIC UTILITY RATE DESIGN INITIATIVES

6801\. Congressional findings and purpose.

6802\. Definitions.

6803\. Development of electric utility rate design proposals by

Secretary; contents; submission to Congress; supporting analysis.

6804\. Funding, administrative, and judicial authorities of

Secretary.

6805\. Grants for State consumer protection offices by Secretary.

\(a\) Establishment, operation, and purpose;

qualifications for funds.

\(b\) Grants subject to State assurances on funds.

\(c\) Offices established by Tennessee Valley

Authority.

6806\. Statement in annual report.

6807\. State utility regulatory assistance.

\(a\) Grants to State utility regulatory commissions

and nonregulated electric utilities.

\(b\) Unnecessary requirements prohibited.

\(c\) Application for grant.

\(d\) Apportionment of funds.

6807a. Energy efficiency grants to State regulatory authorities.

\(a\) Energy efficiency grants.

\(b\) Plan.

\(c\) Secretarial action.

\(d\) Recordkeeping.

\(e\) \'\'State regulatory authority\'\' defined.

\(f\) Authorization.

6808\. Authorization of appropriations.

SUBCHAPTER II - ENERGY CONSERVATION STANDARDS FOR NEW BUILDINGS

6831\. Congressional findings and purpose.

6832\. Definitions.

6833\. Updating State building energy efficiency codes.

\(a\) Consideration and determination respecting

residential building energy codes.

\(b\) Certification of commercial building energy code

updates.

\(c\) Extensions.

\(d\) Technical assistance.

\(e\) Availability of incentive funding.

6834\. Federal building energy efficiency standards.

\(a\) In general.

\(b\) Report on comparative standards.

\(c\) Periodic review.

\(d\) Interim standards.

6835\. Federal compliance.

\(a\) Procedures.

\(b\) Construction of new buildings.

6836\. Support for voluntary building energy codes.

\(a\) In general.

\(b\) Review.

6837\. Reports.

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 Repealed.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 LOW-INCOME PERSONS

6861\. Congressional findings and purpose.

6862\. Definitions.

6863\. Weatherization program.

\(a\) Development and conduct of program by Secretary;

grants to States and Indian tribal

organizations.

\(b\) 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.

\(c\) 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.

\(d\) Direct grants to low-income members of Indian

tribal organizations or alternate service

organizations; application for funds.

\(e\) Transfer of funds.

6864\. Financial assistance.

\(a\) Annual application; contents; allocation to

States.

\(b\) Requirements for assistance.

\(c\) Annual update of data used in allocating funds.

6864a. Private sector investments.

\(a\) In general.

\(b\) Use of funds.

\(c\) Conditions.

6864b. Technical transfer grants.

\(a\) In general.

\(b\) Conditions.

6865\. Limitations on financial assistance.

\(a\) Purchase of materials and administration of

projects.

\(b\) Allocation, termination or discontinuance by

Secretary.

\(c\) Limitations on expenditures; exceptions; annual

adjustments.

\(d\) Supplementary financial assistance to States.

\(e\) Supplementary financial assistance to grant

recipients.

6866\. Monitoring and evaluation of funded projects; technical

assistance; limitation on assistance.

6867\. Administration of projects receiving financial assistance.

\(a\) Reporting requirements.

\(b\) Maintenance of records.

\(c\) Audit and examination of books, etc.

\(d\) Method of payments.

6868\. Approval of application or amendment for financial

assistance; administrative procedures applicable.

6869\. Judicial review of final action by Secretary on application.

\(a\) Time for appeal; jurisdiction; filing of

administrative record by Secretary.

\(b\) Conclusiveness of findings of Secretary; remand;

modified findings by Secretary; certification

of record.

\(c\) Power of court to affirm or set aside action of

Secretary; appeal to Supreme Court.

6870\. Prohibition against discrimination; notification to funded

project of violation; penalties for failure to comply.

6871\. Annual report by Secretary and Director to President and

Congress on weatherization program.

6872\. Authorization of appropriations.

6873\. Availability of labor.

PART B - ENERGY CONSERVATION AND RENEWABLE-RESOURCE OBLIGATION
GUARANTEES

6881\. Energy resource and renewable-resource obligation guarantee
program.

\(a\) Authorization; requirements for guarantees and

commitments to guarantee; procedures.

\(b\) Preconditions for issuance of guarantees and

commitments to guarantee.

\(c\) Limitations on availability of guarantees; term

of guarantees; aggregate outstanding principal

amount of obligations of one borrower.

\(d\) Limitations on original principal amount

guaranteed; revocation of guarantees and

commitments to guarantee; conclusiveness of

guarantee.

\(e\) Information and assurances required prior to

guarantees and commitments to guarantee;

maintenance and availability of records; fees

to borrowers; exceptions.

\(f\) Default in payment of principal due under

guaranteed obligation; procedures applicable.

\(g\) Limitation on aggregate outstanding principal

amount of obligations guaranteed; time

limitation on guarantees and commitments to

guarantee; authorization of appropriations.

\(h\) Wages paid laborers and mechanics; labor

standards.

\(i\) Definitions.

PART C - MISCELLANEOUS PROVISIONS

6891\. Exchange of energy information among the States.

6892\. Annual report to Congress by Comptroller General.

\(a\) Requirements; access to information.

\(b\) Contents of report.

\(c\) Definitions.

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Sec. 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.

\(b\) 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.

SOURCE

(Pub. L. 94-385, title II, Sec. 201, Aug. 14, 1976, 90 Stat. 1142;

Pub. L. 95-91, title III, Sec. 301(a), title VII, Sec. 703, 707,

Aug. 4, 1977, 91 Stat. 577, 606, 607.)

SHORT TITLE

Section 1 of Pub. L. 94-385 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\'.\'\'

Section 301 of title III of Pub. L. 94-385 provided that: \'\'This

title (enacting subchapter II of this chapter) may be cited as the

\'Energy Conservation Standards for New Buildings Act of 1976\'.\'\'

Section 401 of title IV of Pub. L. 94-385 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.

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Sec. 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).

SOURCE

(Pub. L. 94-385, title II, Sec. 202, Aug. 14, 1976, 90 Stat. 1142;

Pub. L. 95-617, title I, Sec. 143, Nov. 9, 1978, 92 Stat. 3134.)

AMENDMENTS

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\'\'.

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Sec. 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) of this section

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.

SOURCE

(Pub. L. 94-385, title II, Sec. 203, Aug. 14, 1976, 90 Stat. 1143;

Pub. L. 95-617, title I, Sec. 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.

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Sec. 6804. Funding, administrative, and judicial authorities of
Secretary

The Secretary may -

\(1\) 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.

SOURCE

(Pub. L. 94-385, title II, Sec. 204, Aug. 14, 1976, 90 Stat. 1143;

Pub. L. 95-617, title I, Sec. 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.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 6808 of this title; title

16 section 2633.

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Sec. 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) of this section, 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.

SOURCE

(Pub. L. 94-385, title II, Sec. 205, Aug. 14, 1976, 90 Stat. 1144;

Pub. L. 95-617, title I, Sec. 143, Nov. 9, 1978, 92 Stat. 3134.)

AMENDMENTS

1978 - Subsecs. (a), (b). Pub. L. 95-617 substituted

\'\'Secretary\'\' for \'\'Administrator\'\', meaning Administrator of
the

Federal Energy Administration.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 6808 of this title.

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Sec. 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.

SOURCE

(Pub. L. 94-385, title II, Sec. 206, Aug. 14, 1976, 90 Stat. 1144;

Pub. L. 95-617, title I, Sec. 143, Nov. 9, 1978, 92 Stat. 3134;

Pub. L. 96-470, title II, Sec. 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.

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Sec. 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) of

this section 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 -

\(1\) 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.

SOURCE

(Pub. L. 94-385, title II, Sec. 207, Aug. 14, 1976, 90 Stat. 1144;

Pub. L. 95-617, title I, Sec. 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 (Sec. 2601 et seq.) of Title 16, Conservation, and title III of

such Act is classified generally to chapter 59 (Sec. 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.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 6808 of this title.

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Sec. 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 -

\(A\) 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.

SOURCE

(Pub. L. 102-486, title I, Sec. 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.

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Sec. 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).

SOURCE

(Pub. L. 94-385, title II, Sec. 208, as added Pub. L. 95-617, title

II, Sec. 142, Nov. 9, 1978, 92 Stat. 3134.)

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Sec. 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 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.

SOURCE

(Pub. L. 94-385, title III, Sec. 302, Aug. 14, 1976, 90 Stat. 1144;

Pub. L. 97-35, title X, Sec. 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.

CROSS REFERENCES

Energy conservation in Federal buildings, see section 8251 et

seq. of this title.

Residential energy conservation, see section 8211 et seq. of this

title.

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Sec. 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, 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 which is

not legally subject to State or local building codes or similar

requirements.

\(7\) 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.

SOURCE

(Pub. L. 94-385, title III, Sec. 303, Aug. 14, 1976, 90 Stat. 1145;

Pub. L. 95-91, title III, Sec. 301(a), title VII, Sec. 703, 707,

Aug. 4, 1977, 91 Stat. 577, 606, 607; Pub. L. 97-35, title X, Sec.

1041(a), Aug. 13, 1981, 95 Stat. 621; Pub. L. 100-242, title V,

Sec. 570(c), Feb. 5, 1988, 101 Stat. 1950; Pub. L. 102-486, title

I, Sec. 101(a)(1), Oct. 24, 1992, 106 Stat. 2782.)

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

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 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.

\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\--

Sec. 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 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, (FOOTNOTE 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.

(FOOTNOTE 1) So in original. The comma probably should not

appear.

\(B\) 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 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) of this

section 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. 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.

\(2\) There are authorized to be appropriated such sums as may be

necessary to carry out this subsection.

SOURCE

(Pub. L. 94-385, title III, Sec. 304, as added Pub. L. 102-486,

title I, Sec. 101(a)(2), Oct. 24, 1992, 106 Stat. 2783.)

PRIOR PROVISIONS

A prior section 6833, Pub. L. 94-385, title III, Sec. 304, Aug.

14, 1976, 90 Stat. 1146; Pub. L. 95-91, title III, Sec. 301(a),

304(a), title VII, Sec. 703, 707, 709(e)(1), Aug. 4, 1977, 91 Stat.

577, 580, 606, 608; Pub. L. 96-399, title III, Sec. 326(a)-(c),

Oct. 8, 1980, 94 Stat. 1649; Pub. L. 97-35, title X, Sec. 1041(a),

(c), Aug. 13, 1981, 95 Stat. 621; Pub. L. 100-418, title V, Sec.

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, Sec. 101(a)(2), Oct. 24, 1992, 106 Stat.

2783\.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 7154, 8235 of this title.

\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\--

Sec. 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 energy saving and renewable energy

specifications of CABO Model Energy Code, 1992 (in the case of

residential buildings) or ASHRAE Standard 90.1-1989 (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.

\(b\) Report on comparative standards

The Secretary shall identify and describe, in the report required

under section 6837 of this title, the basis for any substantive

difference between the Federal building energy standards

established under this section (including differences in treatment

of energy efficiency and renewable energy) and the appropriate

voluntary building energy code.

\(c\) 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) of this section become effective.

SOURCE

(Pub. L. 94-385, title III, Sec. 305, as added Pub. L. 102-486,

title I, Sec. 101(a)(2), Oct. 24, 1992, 106 Stat. 2784.)

PRIOR PROVISIONS

A prior section 6834, Pub. L. 94-385, title III, Sec. 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, Sec. 1041(b), Aug. 13, 1981, 95 Stat.

621\.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 6835 of this title.

\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\--

Sec. 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.

SOURCE

(Pub. L. 94-385, title III, Sec. 306, as added Pub. L. 102-486,

title I, Sec. 101(a)(2), Oct. 24, 1992, 106 Stat. 2785.)

PRIOR PROVISIONS

A prior section 6835, Pub. L. 94-385, title III, Sec. 306, Aug.

14, 1976, 90 Stat. 1148; Pub. L. 96-399, title III, Sec. 326(d),

Oct. 8, 1980, 94 Stat. 1650; Pub. L. 97-35, title X, Sec. 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, Sec. 101(a)(2), Oct. 24, 1992, 106 Stat. 2783.

\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\--

Sec. 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 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.

SOURCE

(Pub. L. 94-385, title III, Sec. 307, as added Pub. L. 102-486,

title I, Sec. 101(a)(2), Oct. 24, 1992, 106 Stat. 2785.)

PRIOR PROVISIONS

A prior section 6836, Pub. L. 94-385, title III, Sec. 307, Aug.

14, 1976, 90 Stat. 1149; Pub. L. 95-619, title II, Sec. 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, Sec. 1041(b), Aug. 13,

1981, 95 Stat. 621.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 6837 of this title.

\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\--

Sec. 6837. Reports

The Secretary, in consultation with the Secretary of Housing and

Urban Development, the Secretary of Veterans Affairs, and other

appropriate Federal agencies, shall report annually to the Congress

on activities conducted pursuant to this subchapter. Such report

shall include -

\(1\) recommendations made under section 6836(b) of this title

regarding the prevailing voluntary building energy codes;

\(2\) a State-by-State summary of actions taken under this

subchapter; and

\(3\) recommendations to the Congress with respect to

opportunities to further promote building energy efficiency and

otherwise carry out the purposes of this subchapter.

SOURCE

(Pub. L. 94-385, title III, Sec. 308, as added Pub. L. 102-486,

title I, Sec. 101(a)(2), Oct. 24, 1992, 106 Stat. 2786.)

PRIOR PROVISIONS

A prior section 6837, Pub. L. 94-385, title III, Sec. 308, Aug.

14, 1976, 90 Stat. 1149; Pub. L. 97-35, title X, Sec. 1041(e), Aug.

13, 1981, 95 Stat. 621, related to technical assistance to States,

etc., prior to repeal by Pub. L. 102-486, Sec. 101(a)(2).

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 6834 of this title.

\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\--

Sec. 6838 to 6840. Repealed. Pub. L. 102-486, title I, Sec.

101(a)(2), Oct. 24, 1992, 106 Stat. 2783

Section 6838, Pub. L. 94-385, title III, Sec. 309, Aug. 14, 1976,

90 Stat. 1149; Pub. L. 97-35, title X, Sec. 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, Sec. 310, Aug. 14, 1976,

90 Stat. 1149; Pub. L. 95-91, title III, Sec. 301(a), 304(a), title

VII, Sec. 703, 707, 709(e)(2), Aug. 4, 1977, 91 Stat. 577, 580,

606, 607, 608; Pub. L. 97-35, title X, Sec. 1041(a), Aug. 13, 1981,

95 Stat. 621; Pub. L. 100-418, title V, Sec. 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, Sec. 311, Aug. 14, 1976,

90 Stat. 1149; Pub. L. 97-375, title II, Sec. 207(b), Dec. 21,

1982, 96 Stat. 1824, related to monitoring of State and local

adoption and implementation of standards and reports to Congress on

implementation and effectiveness of standards.

\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\--

Sec. 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 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)

(FOOTNOTE 1) of this title; and other forms of assistance and

encouragement for energy conservation.

(FOOTNOTE 1) See References in Text note below.

\(b\) 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.

SOURCE

(Pub. L. 94-385, title IV, Sec. 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 (Sec. 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,

Sec. 5(a)(2)(E), Nov. 2, 1978, 92 Stat. 2426, was subsequently

repealed by Pub. L. 97-35, title VI, Sec. 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.

CROSS REFERENCES

Energy conservation in Federal buildings, see section 8251 et

seq. of this title.

Residential energy conservation, see section 8211 et seq. of this

title.

\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\--

Sec. 6861. Congressional findings and purpose

\(a\) The Congress finds that -

\(1\) 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.

SOURCE

(Pub. L. 94-385, title IV, Sec. 411, Aug. 14, 1976, 90 Stat. 1151;

Pub. L. 101-440, Sec. 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 (Sec. 2701 et seq.) of

this title prior to repeal, except for titles VIII and X, by Pub.

L. 97-35, title VI, Sec. 683(a), Aug. 13, 1981, 95 Stat. 519.

Titles VIII and X of the Act are classified generally to

subchapters VIII (Sec. 2991 et seq.) and X (Sec. 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 occupants 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.\'\'

\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\--

Sec. 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 a handicapped individual as defined in section 7(7)

(FOOTNOTE 1) of the Rehabilitation Act of 1973 (29 U.S.C.

706(7)), (B) who is under a disability as defined in section

1614(a)(3)(A) or 233(d)(1) of the Social Security Act (42 U.S.C.

1382c(a)(3)(A), 423(d)(1)) or in section 102(7) (FOOTNOTE 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.

(FOOTNOTE 1) See References in Text note below.

\(6\) The terms \'\'Indian\'\', \'\'Indian tribe\'\', and \'\'tribal

organization\'\' have the meanings prescribed for such terms by

paragraphs (4), (5), and (6), respectively, of section 102 of the

Older Americans Act of 1965 (42 U.S.C. 3002).

\(7\) The term \'\'low-income\'\' means that income in relation to

family size which (A) is at or below 125 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 12-month period under titles IV

and XVI of the Social Security Act (42 U.S.C. 601 et seq., 1381

et seq.) or applicable State or local law, or (C) if a State

elects, is the basis for eligibility for assistance under the

Low-Income Home Energy Assistance Act of 1981 (42 U.S.C. 8621),

provided that such basis is at least 125 percent of the poverty

level determined in accordance with criteria established by the

Director of the Office of Management and Budget.

\(8\) The term \'\'State\'\' means each of the States and the

District of Columbia.

\(9\) 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 heat-reflective window and door materials;

\(G\) cooling efficiency modifications, including, but not

limited to, replacement air-conditioners, 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.

SOURCE

(Pub. L. 94-385, title IV, Sec. 412, Aug. 14, 1976, 90 Stat. 1152;

Pub. L. 95-602, title I, Sec. 122(e), Nov. 6, 1978, 92 Stat. 2987;

Pub. L. 95-619, title II, Sec. 231(a)(1), (b)(2), Nov. 9, 1978, 92

Stat. 3224, 3225; Pub. L. 96-294, title V, Sec. 577(1), (2), June

30, 1980, 94 Stat. 760; Pub. L. 98-558, title IV, Sec. 401, 402,

Oct. 30, 1984, 98 Stat. 2887; Pub. L. 100-242, title V, Sec.

570(d), Feb. 5, 1988, 101 Stat. 1950; Pub. L. 101-440, Sec. 7(a),

Oct. 18, 1990, 104 Stat. 1012; Pub. L. 102-486, title I, Sec.

142(b), Oct. 24, 1992, 106 Stat. 2843.)

REFERENCES IN TEXT

Section 7 of the Rehabilitation Act of 1973 (29 U.S.C. 706),

referred to in par. (5), was subsequently amended, and section 7(7)

no longer defines the term \'\'handicapped individual\'\'. However,

the successor term \'\'individual with a disability\'\' is defined

elsewhere in that section.

The Developmental Disabilities Services and Facilities

Construction Act, referred to in par. (5), is title I of Pub. L.

88-164, as added by Pub. L. 94-103, Oct. 4, 1975, 89 Stat. 496, and

amended. Title I of Pub. L. 88-164, as amended generally by Pub.

L. 98-527, Sec. 2, Oct. 19, 1984, 98 Stat. 2662, is known as the

Developmental Disabilities Assistance and Bill of Rights Act.

Section 102(7) of that Act (42 U.S.C. 6001(7)) was subsequently

amended and no longer defines the term \'\'developmental

disability\'\'. However, such term is defined elsewhere in that

section.

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, Sec.

5(a)(2)(E), Nov. 2, 1978, 92 Stat. 2426, was subsequently repealed

by Pub. L. 97-35, title VI, Sec. 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, as amended. Titles IV and XVI of the

Social Security Act are classified generally to subchapters IV

(Sec. 601 et seq.) and XVI (Sec. 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, as amended, which is classified generally to subchapter II

(Sec. 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

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, Sec. 401, added cl. (C).

Par. (9)(B). Pub. L. 98-558, Sec. 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, Sec. 402(2), struck out \'\'by rule\'\'

after \'\'may determine,\'\'.

1980 - Par. (1). Pub. L. 96-294, Sec. 577(1), substituted

provisions defining \'\'Secretary\'\' for provisions defining

\'\'Administrator\'\'.

Pars. (7), (9)(G). Pub. L. 96-294, Sec. 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, Sec. 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, Sec. 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.

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.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1474, 6372 of this title;

title 12 section 1703.

\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\--

Sec. 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) of this section, 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 conservation 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 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

\(1\) Notwithstanding any other provision of this part, in any

State in which the Secretary determines (after having taken into

account the amount of funds made available to the State to carry

out the purposes of this part) that the low-income members of an

Indian tribe are not receiving benefits under this part that are

equivalent to the assistance provided to other low-income persons

in such State under this part, and if he further determines that

the members of such tribe would be better served by means of a

grant made directly to provide such assistance, he shall reserve

from sums that would otherwise be allocated to such State under

this part not less than 100 percent, nor more than 150 percent, of

an amount which bears the same ratio to the State\'s allocation for

the fiscal year involved as the population of all low-income

Indians for whom a determination under this subsection has been

made bears to the population of all low-income persons in such

State.

\(2\) The sums reserved by the Secretary on the basis of his

determination under this subsection shall be granted to the tribal

organization serving the individuals for whom such a determination

has been made, or, where there is no tribal organization, to such

other entity as he determines has the capacity to provide services

pursuant to this part.

\(3\) 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.

SOURCE

(Pub. L. 94-385, title IV, Sec. 413, Aug. 14, 1976, 90 Stat. 1152;

Pub. L. 95-619, title II, Sec. 231(a)(2), (b)(1), Nov. 9, 1978, 92

Stat. 3224; Pub. L. 96-294, title V, Sec. 573(b), 574, 577(2), June

30, 1980, 94 Stat. 759, 760; Pub. L. 98-479, title II, Sec. 201(h),

Oct. 17, 1984, 98 Stat. 2228; Pub. L. 100-418, title V, Sec.

5115(c), Aug. 23, 1988, 102 Stat. 1433; Pub. L. 101-440, Sec. 7(b),

Oct. 18, 1990, 104 Stat. 1012; Pub. L. 103-82, title IV, Sec.

405(l), Sept. 21, 1993, 107 Stat. 922.)

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 (Sec. 2781 et seq.) of

chapter 34 of this title prior to repeal by Pub. L. 97-35, title

VI, Sec. 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, Sec. 5(a)(2)(E), Nov. 2, 1978, 94 Stat. 2426. For complete

classification of this Act to the Code, see Tables.

AMENDMENTS

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, Sec. 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, Sec. 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, Sec. 577(2),

substituted \'\'Secretary\'\' for \'\'Administrator\'\' wherever
appearing.

Subsec. (b)(4). Pub. L. 96-294, Sec. 574, added par. (4).

Subsec. (c). Pub. L. 96-294, Sec. 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, Sec. 577(2), substituted

\'\'Secretary\'\' for \'\'Administrator\'\' wherever appearing.

1978 - Subsec. (a). Pub. L. 95-619, Sec. 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, Sec. 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.

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.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1474, 6864, 6864a, 6864b,

6868 of this title.

\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\--

Sec. 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 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 the Job Training

Partnership Act (29 U.S.C. 1501 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) of this section.

SOURCE

(Pub. L. 94-385, title IV, Sec. 414, Aug. 14, 1976, 90 Stat. 1154;

Pub. L. 96-294, title V, Sec. 573(c), 577(2), June 30, 1980, 94

Stat. 759, 760; Pub. L. 97-300, title I, Sec. 183, Oct. 13, 1982,

96 Stat. 1357; Pub. L. 101-440, Sec. 7(c), (g), Oct. 18, 1990, 104

Stat. 1012, 1014.)

REFERENCES IN TEXT

The Job Training Partnership Act, referred to in subsec. (b)(3),

is Pub. L. 97-300, Oct. 13, 1982, 96 Stat. 1322, as amended, which

is classified generally to chapter 19 (Sec. 1501 et seq.) of Title

29, Labor. For complete classification of this Act to the Code, see

Short Title note set out under section 1501 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 (Sec. 2781 et seq.) of

chapter 34 of this title prior to repeal by Pub. L. 97-35, title

VI, Sec. 683(a), Aug. 13, 1981, 95 Stat. 519. For complete

classification of this Act to the Code, see Tables.

CODIFICATION

In subsec. (b)(3), \'\'Job Training Partnership Act (29 U.S.C. 1501

et seq.)\'\' substituted for \'\'Comprehensive Employment and Training

Act of 1973 (29 U.S.C. 801 et seq.)\'\' pursuant to section 183 of

the Job Training Partnership Act, Pub. L. 97-300, title I, Oct. 13,

1982, 96 Stat. 1357, which is classified to section 1592 of Title

29, Labor, and which provided in part that references in any other

statute to Comprehensive Employment and Training Act shall be

deemed to refer to Job Training Partnership Act.

AMENDMENTS

1990 - Subsec. (a)(D). Pub. L. 101-440, Sec. 7(c)(1), inserted

\'\', such as the cost of heating and cooling,\'\' after
\'\'necessary\'\'.

Subsec. (b)(3). Pub. L. 101-440, Sec. 7(g), added cl. (B) and

redesignated former cl. (B) as (C).

Subsec. (c). Pub. L. 101-440, Sec. 7(c)(2), added subsec. (c).

1980 - Subsec. (a). Pub. L. 96-294, Sec. 577(2), substituted

\'\'Secretary\'\' for \'\'Administrator\'\' wherever appearing.

Subsec. (b). Pub. L. 96-294, Sec. 573(c), 577(2), substituted

\'\'Secretary\'\' for \'\'Administrator\'\' and added par. (4).

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 6863, 6864a, 6864b, 6869

of this title.

\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\--

Sec. 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 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.

SOURCE

(Pub. L. 94-385, title IV, Sec. 414A, as added Pub. L. 102-486,

title I, Sec. 142(a), Oct. 24, 1992, 106 Stat. 2842.)

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Sec. 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

low-income 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.

SOURCE

(Pub. L. 94-385, title IV, Sec. 414B, as added Pub. L. 102-486,

title I, Sec. 142(a), Oct. 24, 1992, 106 Stat. 2842.)

\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\--

Sec. 6865. Limitations on financial assistance

\(a\) Purchase of materials and administration of projects

\(1\) 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. 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) of this section 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)(A) The Secretary shall approve a State\'s application to waive

the 40-percent requirement established in paragraph (1) if the

State includes in its plan 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 rate of return of the

total conservation investment in a dwelling, and (iv) account for

interaction among energy efficiency measures.

\(B\) 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.

\(b\) 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 \$1,600 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; and

\(D\) the cost of making incidental repairs to a dwelling unit if

such repairs are necessary to make the installation of

weatherization materials effective.

\(2\) Dwelling units partially weatherized under this part or under

other Federal programs during the period September 30, 1975,

through September 30, 1979, may receive further financial

assistance for weatherization under this part.

\(3\) Beginning with fiscal year 1991, the \$1,600 per dwelling unit

limitation provided in paragraph (1) shall be adjusted annually by

increasing the limitation amount by an amount equal to -

\(A\) the limitation 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 fiscal

year for which the determination is being made, or (ii) three

percent.

(4)(A) In addition to the average per dwelling unit limitation

applicable in a State under paragraphs (1) and (3), the Secretary

shall, upon application by a State, establish a separate average

per dwelling unit limitation for dwelling units in such State -

\(i\) which conform to program requirements; and

\(ii\) which, in addition to any other weatherization

modifications, have furnace efficiency modifications made under

this part.

\(B\) The average per dwelling unit limitation applicable in a

State to units described in subparagraph (A) shall not exceed an

amount equal to -

\(i\) the amount permitted for the expenditure of financial

assistance for labor, weatherization materials, and related

matters for dwelling units in such State under paragraphs (1) and

(3), plus

\(ii\) an amount determined by the State to be the average amount

that is appropriate for furnace efficiency modifications of

dwelling units of the type assisted under this part in such

State.

\(d\) Supplementary financial assistance to States

Beginning with fiscal year 1992, the Secretary may allocate funds

appropriated pursuant to section 6872(b) 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) 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) of this section,

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.

SOURCE

(Pub. L. 94-385, title IV, Sec. 415, Aug. 14, 1976, 90 Stat. 1155;

Pub. L. 95-619, title II, Sec. 231(c), Nov. 9, 1978, 92 Stat. 3225;

Pub. L. 96-294, title V, Sec. 571, 572, 573(a), 575, 577(2), June

30, 1980, 94 Stat. 759, 760; Pub. L. 98-558, title IV, Sec. 403,

404, Oct. 30, 1984, 98 Stat. 2887, 2888; Pub. L. 101-440, Sec.

7(d)-(f), (i), Oct. 18, 1990, 104 Stat. 1013, 1014.)

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, as

amended. Title II of the Economic Opportunity Act of 1964 was

classified generally to subchapter II (Sec. 2781 et seq.) of

chapter 34 of this title prior to repeal by Pub. L. 97-35, title

VI, Sec. 683(a), Aug. 13, 1981, 95 Stat. 519. For complete

classification of this Act to the Code, see Tables.

AMENDMENTS

1990 - Subsec. (a). Pub. L. 101-440, Sec. 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) of this

section 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\'\', and added

par. (2).

Subsec. (c)(1). Pub. L. 101-440, Sec. 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, Sec. 7(e)(2), added pars.

\(3\) and (4).

Subsec. (d). Pub. L. 101-440, Sec. 7(i), added subsec. (d).

Pub. L. 101-440, Sec. 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, Sec. 7(i), added subsec. (e).

1984 - Subsec. (a). Pub. L. 98-558, Sec. 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, Sec. 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, Sec. 404, added subsec. (d).

1980 - Subsec. (a). Pub. L. 96-294, Sec. 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, Sec. 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, Sec. 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, Sec. 577(2), substituted

\'\'Secretary\'\' for \'\'Administrator\'\' wherever appearing.

Subsec. (c)(3). Pub. L. 96-294, Sec. 572(2), added par. (3).

1978 - Subsec. (a). Pub. L. 95-619, Sec. 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.

Subsec. (c). Pub. L. 95-619, Sec. 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, Sec. 101(d) (title II, Sec. 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.\'\'

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1474, 6864, 6872 of this

title.

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Sec. 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 10 percent of

the sums appropriated for such year under this part.

SOURCE

(Pub. L. 94-385, title IV, Sec. 416, Aug. 14, 1976, 90 Stat. 1156;

Pub. L. 96-294, title V, Sec. 577(2), June 30, 1980, 94 Stat. 760.)

AMENDMENTS

1980 - Pub. L. 96-294 substituted \'\'Secretary\'\' for

\'\'Administrator\'\' wherever appearing.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 6871 of this title.

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Sec. 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.

\(c\) 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.

SOURCE

(Pub. L. 94-385, title IV, Sec. 417, Aug. 14, 1976, 90 Stat. 1156;

Pub. L. 96-294, title V, Sec. 577(2), June 30, 1980, 94 Stat. 760.)

AMENDMENTS

1980 - Subsecs. (a) to (c). Pub. L. 96-294 substituted

\'\'Secretary\'\' for \'\'Administrator\'\' wherever appearing.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 6866 of this title.

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Sec. 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.

SOURCE

(Pub. L. 94-385, title IV, Sec. 418, Aug. 14, 1976, 90 Stat. 1157;

Pub. L. 96-294, title V, Sec. 577(2), June 30, 1980, 94 Stat. 760.)

AMENDMENTS

1980 - Subsec. (a). Pub. L. 96-294 substituted \'\'Secretary\'\' for

\'\'Administrator\'\' wherever appearing.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 6865, 6869 of this title.

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Sec. 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 application 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.

SOURCE

(Pub. L. 94-385, title IV, Sec. 419, Aug. 14, 1976, 90 Stat. 1157;

Pub. L. 96-294, title V, Sec. 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\'\'.

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Sec. 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) of this section 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

\(3\) take such other action as may be authorized by law.

SOURCE

(Pub. L. 94-385, title IV, Sec. 420, Aug. 14, 1976, 90 Stat. 1158;

Pub. L. 96-294, title V, Sec. 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 (Sec. 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.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 6871 of this title.

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Sec. 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.

SOURCE

(Pub. L. 94-385, title IV, Sec. 421, Aug. 14, 1976, 90 Stat. 1158;

Pub. L. 96-294, title V, Sec. 577(2), June 30, 1980, 94 Stat. 760;

Pub. L. 101-440, Sec. 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\'\'.

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Sec. 6872. Authorization of appropriations

\(a\) 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.

SOURCE

(Pub. L. 94-385, title IV, Sec. 422, Aug. 14, 1976, 90 Stat. 1158;

Pub. L. 95-619, title II, Sec. 231(d), Nov. 9, 1978, 92 Stat. 3226;

Pub. L. 96-294, title V, Sec. 576, June 30, 1980, 94 Stat. 760;

Pub. L. 98-181, title IV, Sec. 464, Nov. 30, 1983, 97 Stat. 1235;

Pub. L. 101-440, Sec. 8(c), Oct. 18, 1990, 104 Stat. 1016.)

AMENDMENTS

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.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 6865 of this title.

\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\--

Sec. 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 the Job Training Partnership Act (29 U.S.C. 1501 et

seq.) and the Older American Community Service Employment 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) (FOOTNOTE 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):

(FOOTNOTE 1) See References in Text note below.

\(1\) 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 such weatherization programs are

supported to the maximum extent practicable in such areas by such

volunteers and training participants and public service

employment workers.

SOURCE

(Pub. L. 95-619, title II, Sec. 233, Nov. 9, 1978, 92 Stat. 3227;

Pub. L. 97-300, title I, Sec. 183, Oct. 13, 1982, 96 Stat. 1357.)

REFERENCES IN TEXT

The Job Training Partnership Act, referred to in text, is Pub. L.

97-300, Oct. 13, 1982, 96 Stat. 1322, as amended, which is

classified generally to chapter 19 (Sec. 1501 et seq.) of Title 29,

Labor. For complete classification of this Act to the Code, see

Short Title note set out under section 1501 of Title 29 and Tables.

The Older American Community Service Employment Act, referred to

in text, is title V of Pub. L. 89-73, as added Pub. L. 94-135,

title I, Sec. 113(a), Nov. 28, 1975, 89 Stat. 720, and amended,

which is classified generally to subchapter IX (Sec. 3056 et seq.)

of chapter 35 of this title. For complete classification of this

Act to the Code, see Short Title of 1975 Amendment 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

(Sec. 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, Sec.

5(a)(2)(E), Nov. 2, 1978, 92 Stat. 2426, was subsequently repealed

by Pub. L. 97-35, title VI, Sec. 683(a), Aug. 13, 1981, 95 Stat.

519\.

CODIFICATION

\'\'Job Training Partnership Act (29 U.S.C. 1501 et seq.)\'\'

substituted in text for \'\'Comprehensive Employment Training Act of

1973 (29 U.S.C. 801 et seq.)\'\' pursuant to section 183 of the Job

Training Partnership Act, Pub. L. 97-300, title I, Oct. 13, 1982,

96 Stat. 1357, which is classified to section 1592 of Title 29,

Labor, and which provided in part that references in any other

statute to Comprehensive Employment and Training Act shall be

deemed to refer to Job Training Partnership Act.

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.

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.

\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\--

Sec. 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.

\(b\) 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) of this section,

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) of this section,

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) of this section 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) of this section 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) of this section 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) of this

section may not exceed 25 years.

\(4\) The aggregate outstanding principal amount which may be

guaranteed under subsection (a) of this section 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 renewable-resource energy measure. No

guarantee issued, and no commitment to guarantee, which is issued

under subsection (a) of this section shall be terminated, canceled,

or otherwise revoked except in accordance with reasonable terms and

conditions prescribed by the Secretary, after consultation with the

Secretary of the Treasury and the Comptroller General, 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) of this

section. 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) of this section unless the Secretary obtains

any information reasonably requested and such assurances as are in

his judgment (after consultation with the Secretary of the Treasury

and the Comptroller General) 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) of this section; 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)

of this section, 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 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) of this section, 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) of this section after September 30,

1979\.

\(2\) There is authorized to be appropriated for the payment of

amounts to be paid under subsection (f) of this section, 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) of this

section -

\(A\) 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) of this section 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 the

Davis-Bacon Act (40 U.S.C. 276a et seq.). The Secretary shall not

guarantee any obligations under subsection (a) of this section

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 276c

of title 40.

\(i\) Definitions

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.

SOURCE

(Pub. L. 94-385, title IV, Sec. 451, Aug. 14, 1976, 90 Stat. 1165;

Pub. L. 95-70, Sec. 5, July 21, 1977, 91 Stat. 277; Pub. L. 95-91,

title III, Sec. 301(a), title VII, Sec. 703, 707, Aug. 4, 1977, 91

Stat. 577, 606, 607.)

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.

The Davis-Bacon Act, referred to in subsec. (h), is act Mar. 3,

1931, ch. 411, 46 Stat. 1494, as amended, which is classified

generally to sections 276a to 276a-5 of Title 40, Public Buildings,

Property, and Works. For complete classification of this Act to the

Code, see Short Title note set out under section 276a of Title 40

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. (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 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.

AMENDMENTS

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.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 6325 of this title.

\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\--

Sec. 6891. Exchange of energy information among the States

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.

SOURCE

(Pub. L. 94-385, title IV, Sec. 461, Aug. 14, 1976, 90 Stat. 1168;

Pub. L. 95-91, title III, Sec. 301(a), title VII, Sec. 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.

\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\--

Sec. 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

\(a\) of this section 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;

\(2\) 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 title

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 title 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.

SOURCE

(Pub. L. 94-385, title IV, Sec. 462, Aug. 14, 1976, 90 Stat. 1168;

Pub. L. 95-91, title III, Sec. 301(a), title VII, Sec. 703, 707,

Aug. 4, 1977, 91 Stat. 577, 606, 607.)

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.

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.