II 

Calendar No. 185 

116TH CONGRESS 

1ST SESSION S. 983 

[Report No. 116–82] 

To amend the Energy Conservation and Production Act to reauthorize the 

weatherization assistance program, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

APRIL 2, 2019 

Mr. COONS (for himself, Ms. COLLINS, Mr. REED, Mrs. SHAHEEN, Mr. 

MANCHIN, Ms. MURKOWSKI, Mr. HEINRICH, and Mr. BLUMENTHAL) introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources 

SEPTEMBER 10, 2019 

Reported by Ms. MURKOWSKI, without amendment 

A BILL 

To amend the Energy Conservation and Production Act to 

reauthorize the weatherization assistance program, and 

for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 


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1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Weatherization En3 hancement and Local Energy Efficiency Investment and 

4 Accountability Act of 2019’’. 

5 SEC. 2. WEATHERIZATION ASSISTANCE PROGRAM. 

6 (a) DEFINITION OF WEATHERIZATION MATE7 RIALS.—Section 412(9)(J) of the Energy Conservation 

8 and Production Act (42 U.S.C. 6862(9)(J)) is amended— 

9 (1) by inserting ‘‘, including renewable energy 

10 technologies and other advanced technologies,’’ after 

11 ‘‘technologies’’; and 

12 (2) by striking ‘‘Development,’’ and all that fol13 lows through the period at the end and inserting 

14 ‘‘Development and the Secretary of Agriculture.’’. 

15 (b) ALLOWANCE FOR HEALTH AND SAFETY BENE16 FITS.—Section 413(b) of the Energy Conservation and 

17 Production Act (42 U.S.C. 6863(b)) is amended— 

18 (1) in paragraph (2)(B), by striking ‘‘para19 graph (5)’’ and inserting ‘‘paragraph (6)’’; 

20 (2) by redesignating paragraphs (5) and (6) as 

21 paragraphs (6) and (7), respectively; and 

22 (3) by inserting after paragraph (4) the fol23 lowing: 

24 ‘‘(5) In carrying out paragraph (3), the Sec25 retary may take into consideration evidence-based 

26 values for improvements in the health and safety of 


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1 occupants of weatherized homes, and other non-en2 ergy benefits, as determined by the Secretary.’’. 

3 (c) CONTRACTOR OPTIMIZATION.— 

4 (1) TECHNICAL TRANSFER GRANTS.—Section 

5 414B(a)(4) of the Energy Conservation and Produc6 tion Act (42 U.S.C. 6864b(a)(4)) is amended— 

7 (A) by striking ‘‘for persons’’ and inserting 

8 the following: ‘‘for— 

9 ‘‘(A) persons’’; and 

10 (B) in subparagraph (A) (as so des11 ignated), by striking the period at the end and 

12 inserting the following: ‘‘; and 

13 ‘‘(B) private entities that are contracted to 

14 provide weatherization assistance under this 

15 part, in accordance with rules determined by 

16 the Secretary.’’. 

17 (2) CONTRACTOR OPTIMIZATION.—The Energy 

18 Conservation and Production Act is amended by in19 serting after section 414B (42 U.S.C. 6864b) the 

20 following: 

21 ‘‘SEC. 414C. CONTRACTOR OPTIMIZATION. 

22 ‘‘The Secretary may request that entities receiving 

23 funding from the Federal Government or from a State 

24 through a weatherization assistance program under sec25 tion 413 or 414— 


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1 ‘‘(1) perform periodic reviews of the use of pri2 vate contractors in the provision of weatherization 

3 assistance, if applicable; and 

4 ‘‘(2) encourage an increased use and expanded 

5 role of contractors as appropriate.’’. 

6 (3) TABLE OF CONTENTS AMENDMENT.—The 

7 table of contents for the Energy Conservation and 

8 Production Act (Public Law 94–385; 90 Stat. 1125) 

9 is amended by inserting after the item relating to 

10 section 414B the following: 

‘‘Sec. 414C. Contractor optimization.’’. 

11 (d) FINANCIAL ASSISTANCE FOR WAP ENHANCE12 MENT AND INNOVATION.— 

13 (1) IN GENERAL.—The Energy Conservation 

14 and Production Act (Public Law 94–385; 90 Stat. 

15 1125) is amended by inserting after section 414C 

16 (as added by subsection (c)) the following: 

17 ‘‘SEC. 414D. FINANCIAL ASSISTANCE FOR WAP ENHANCE18 MENT AND INNOVATION. 

19 ‘‘(a) PURPOSES.—The purposes of this section are— 

20 ‘‘(1) to expand the number of dwelling units 

21 that are occupied by low-income persons that receive 

22 weatherization assistance under this section by mak23 ing those dwelling units weatherization-ready; 


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1 ‘‘(2) to promote the deployment of renewable 

2 energy in dwelling units that are occupied by low-in3 come persons; 

4 ‘‘(3) to ensure healthy indoor environments by 

5 enhancing or expanding health and safety measures 

6 and resources available to dwellings that are occu7 pied by low-income persons; and 

8 ‘‘(4) to disseminate new methods and best prac9 tices among eligible entities providing weatherization 

10 assistance under this section. 

11 ‘‘(b) DEFINITION OF ELIGIBLE ENTITY.—In this sec12 tion, the term ‘eligible entity’ means— 

13 ‘‘(1) an entity receiving funding from the Fed14 eral Government or from a State through a weather15 ization assistance program under section 413 or 

16 414; and 

17 ‘‘(2) a nonprofit organization. 

18 ‘‘(c) FINANCIAL ASSISTANCE AWARDS.—The Sec19 retary shall, to the extent funds are made available, award 

20 financial assistance through a competitive process to an 

21 eligible entity— 

22 ‘‘(1) with respect to dwelling units that are oc23 cupied by low-income persons— 

24 ‘‘(A) to implement measures to make those 

25 dwelling units weatherization-ready, including 


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1 by addressing structural, plumbing, roofing, 

2 and electrical issues, environmental hazards, 

3 and other issues that the Secretary determines 

4 to be appropriate; 

5 ‘‘(B) to install energy efficiency tech6 nologies, including home energy management 

7 systems, smart devices, and other technologies 

8 the Secretary determines to be appropriate; 

9 ‘‘(C) to install renewable energy systems 

10 (as defined in section 415(c)(6)(A)); and 

11 ‘‘(D) to implement measures to ensure 

12 healthy indoor environments by improving in13 door air quality, accessibility, and other healthy 

14 home measures, as determined by the Sec15 retary; 

16 ‘‘(2) to improve the capability of the eligible en17 tity— 

18 ‘‘(A) to significantly increase the number 

19 of energy retrofits performed by the eligible en20 tity; 

21 ‘‘(B) to replicate best practices for work 

22 performed under this section on a larger scale; 

23 and 

24 ‘‘(C) to leverage additional funds to sus25 tain the provision of weatherization assistance 


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1 and other work performed under this section 

2 after the financial assistance awarded under 

3 this section is expended; 

4 ‘‘(3) for innovative outreach and education re5 garding the benefits and availability of weatheriza6 tion assistance and other assistance available under 

7 this section; 

8 ‘‘(4) for quality control of work performed 

9 under this section; 

10 ‘‘(5) for data collection, measurement, and 

11 verification with respect to that work; 

12 ‘‘(6) for program monitoring, oversight, evalua13 tion, and reporting of that work; 

14 ‘‘(7) for labor, training, and technical assist15 ance relating to that work; 

16 ‘‘(8) subject to subsection (g)(2), for planning, 

17 management, and administration of that work; and 

18 ‘‘(9) for any other appropriate activity, as de19 termined by the Secretary. 

20 ‘‘(d) APPLICATIONS.—To be eligible for an award of 

21 financial assistance under this section, an eligible entity 

22 shall submit to the Secretary an application in such man23 ner and containing such information as the Secretary may 

24 require. 


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1 ‘‘(e) AWARD FACTORS.—In awarding financial assist2 ance under this section, the Secretary shall consider— 

3 ‘‘(1) the record of the eligible entity, using the 

4 most recent year for which data are available, in 

5 constructing, renovating, repairing, and making en6 ergy efficient single-family, multifamily, or manufac7 tured homes that are occupied by low-income per8 sons, either directly or through affiliates, chapters, 

9 or other partners; 

10 ‘‘(2) the number of dwelling units occupied by 

11 low-income persons that the eligible entity has built, 

12 renovated, repaired, weatherized, and made more en13 ergy efficient in the 5 years immediately preceding 

14 the date on which the eligible entity submits an ap15 plication under subsection (d); 

16 ‘‘(3) the qualifications, experience, and past 

17 performance of the eligible entity, including experi18 ence successfully managing and administering Fed19 eral funds; 

20 ‘‘(4) the strength of the proposal of the eligible 

21 entity to achieve one or more of the purposes de22 scribed in subsection (a); 

23 ‘‘(5) the extent to which the eligible entity will 

24 use partnerships and regional coordination to 


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1 achieve one or more of the purposes described in 

2 subsection (a); 

3 ‘‘(6) regional and climate zone diversity; 

4 ‘‘(7) urban, suburban, and rural localities; and 

5 ‘‘(8) any other appropriate factor, as deter6 mined by the Secretary. 

7 ‘‘(f) FIRST AWARD.—Subject to the availability of ap8 propriations, not later than 270 days after the date of en9 actment of this section, the Secretary shall make a first 

10 award of financial assistance under this section. 

11 ‘‘(g) AMOUNT AND TERM.— 

12 ‘‘(1) MAXIMUM AMOUNT.—The total amount of 

13 financial assistance awarded to an eligible entity 

14 under this section shall not exceed $2,000,000. 

15 ‘‘(2) PLANNING, MANAGEMENT, AND ADMINIS16 TRATION.—Of the amount awarded to an eligible en17 tity under this section, not more than 15 percent 

18 may be used by the eligible entity for the purpose 

19 described in subsection (c)(8). 

20 ‘‘(3) TECHNICAL AND TRAINING ASSISTANCE.— 

21 The total amount of financial assistance awarded to 

22 an entity under this section shall be reduced by the 

23 cost of any technical and training assistance pro24 vided by the Secretary under this section that relates 

25 to that financial assistance. 


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1 ‘‘(4) TERM.—The term of an award of financial 

2 assistance under this section shall not exceed 3 

3 years. 

4 ‘‘(h) GUIDANCE.—Not later than 90 days after the 

5 date of enactment of this section, the Secretary shall issue 

6 guidance on implementing this section, which shall in7 clude, with respect to eligible entities awarded financial 

8 assistance under this section— 

9 ‘‘(1) standards for allowable expenditures; 

10 ‘‘(2) a minimum saving-to-investment ratio; and 

11 ‘‘(3) standards for— 

12 ‘‘(A) training programs; 

13 ‘‘(B) energy audits; 

14 ‘‘(C) the provision of technical assistance; 

15 ‘‘(D) monitoring activities carried out 

16 using the financial assistance; 

17 ‘‘(E) verification of energy and cost sav18 ings; 

19 ‘‘(F) liability insurance requirements; and 

20 ‘‘(G) recordkeeping and reporting require21 ments, which shall include reporting to the Of22 fice of Weatherization and Intergovernmental 

23 Programs of the Department of Energy applica24 ble data on each dwelling unit retrofitted or 


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1 otherwise assisted by the eligible entity using 

2 the financial assistance. 

3 ‘‘(i) COMPLIANCE WITH STATE AND LOCAL LAW.— 

4 Nothing in this section supersedes or modifies any State 

5 or local law to the extent that the State or local law is 

6 more stringent than this section. 

7 ‘‘(j) REVIEW AND EVALUATION.—The Secretary shall 

8 review and evaluate the performance of each eligible entity 

9 that receives an award of financial assistance under this 

10 section, which may include an audit. 

11 ‘‘(k) ANNUAL REPORT.—The Secretary shall submit 

12 to the relevant committees of Congress an annual report 

13 that describes— 

14 ‘‘(1) the actions taken by the Secretary and eli15 gible entities awarded financial assistance under this 

16 section to achieve the purposes of this section during 

17 the year covered by the report; and 

18 ‘‘(2) the energy and cost savings, and any other 

19 accomplishments, achieved under this section during 

20 the year covered by the report. 

21 ‘‘(l) FUNDING.— 

22 ‘‘(1) IN GENERAL.—Subject to paragraphs (2) 

23 and (3), for each of fiscal years 2020 through 2024, 

24 of the amount appropriated under section 422— 


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1 ‘‘(A) if the amount is not more than 

2 $225,000,000, no funds shall be used to carry 

3 out this section; 

4 ‘‘(B) if the amount is not more than 

5 $260,000,000, not more than 2 percent of that 

6 amount may be used to carry out this section; 

7 ‘‘(C) if the amount is not more than 

8 $300,000,000, not more than 4 percent of that 

9 amount may be used to carry out this section; 

10 and 

11 ‘‘(D) if the amount is more than 

12 $300,000,000, not more than 6 percent of that 

13 amount may be used to carry out this section. 

14 ‘‘(2) AMOUNTS EXCLUDED.—Each amount de15 scribed in paragraph (1) shall not include the 

16 amount made available for Department of Energy 

17 headquarters training or technical assistance. 

18 ‘‘(3) MAXIMUM AMOUNT.—The maximum 

19 amount used to carry out this section in each fiscal 

20 year shall not exceed $25,000,000.’’. 

21 (2) TABLE OF CONTENTS.—The table of con22 tents for the Energy Conservation and Production 

23 Act (Public Law 94–385; 90 Stat. 1125) is amended 

24 by inserting after the item relating to section 414C 

25 (as added by subsection (c)(3)) the following: 

‘‘Sec. 414D. Financial assistance for WAP enhancement and innovation.’’. 


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1 (e) INCREASE IN ADMINISTRATIVE FUNDS.—Section 

2 415(a)(1) of the Energy Conservation and Production Act 

3 (42 U.S.C. 6865(a)(1)) is amended by striking ‘‘10 per4 cent’’ and inserting ‘‘15 percent’’. 

5 (f) REWEATHERIZATION DATE.—Section 415(c) of 

6 the Energy Conservation and Production Act (42 U.S.C. 

7 6865(c)) is amended by striking paragraph (2) and insert8 ing the following: 

9 ‘‘(2) FURTHER ASSISTANCE.— 

10 ‘‘(A) DEFINITION OF INTERIM SERVICE.— 

11 ‘‘(i) IN GENERAL.—In this paragraph, 

12 the term ‘interim service’ means an energy 

13 service that takes place between instances 

14 of weatherization or partial weatherization 

15 of a dwelling unit, as determined by the 

16 Secretary. 

17 ‘‘(ii) INCLUSION.—In this paragraph, 

18 the term ‘interim service’ includes— 

19 ‘‘(I) the provision of energy infor20 mation and education to assist with 

21 energy management; 

22 ‘‘(II) an evaluation of the effec23 tiveness of installed weatherization 

24 measures; and 


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1 ‘‘(III) the provision of services, 

2 equipment, or other measures funded 

3 by non-Federal funds, as determined 

4 by the Secretary. 

5 ‘‘(B) FURTHER ASSISTANCE.—Dwelling 

6 units weatherized or partially weatherized under 

7 this part, or under other Federal programs— 

8 ‘‘(i) may not receive further financial 

9 assistance for weatherization under this 

10 part until the date that is 15 years after 

11 the date on which the previous weatheriza12 tion was completed; and 

13 ‘‘(ii) may receive further financial as14 sistance for weatherization under this part 

15 for the purpose of providing an interim 

16 service.’’. 

17 (g) REAUTHORIZATION OF WAP.—Section 422 of the 

18 Energy Conservation and Production Act (42 U.S.C. 

19 6872) is amended in the matter preceding paragraph (1) 

20 by striking ‘‘appropriated’’ and all that follows through 

21 ‘‘2012..’’ in paragraph (5) and inserting ‘‘appropriated 

22 $350,000,000 for each of fiscal years 2020 through 

23 2024.’’. 


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1 SEC. 3. WAIVER STUDY. 

2 (a) IN GENERAL.—It is the sense of Congress that, 

3 to the maximum extent practicable, the Secretary of En4 ergy should coordinate with the Director of the Office of 

5 Management and Budget to grant waivers of requirements 

6 under section 200.313 of title 2, Code of Federal Regula7 tions (or successor regulations), to better leverage private 

8 sector funds for the purposes of using funding awarded 

9 under the Weatherization Assistance Program for Low-In10 come Persons established under part A of title IV of the 

11 Energy Conservation and Production Act (42 U.S.C. 6861 

12 et seq.). 

13 (b) STUDY.—Not more than 180 days after the date 

14 of enactment of this Act, the Secretary of Energy shall 

15 submit to the relevant committees of Congress a report 

16 that describes— 

17 (1) each waiver that has been requested under 

18 subsection (a); and 

19 (2) the determination of the Secretary and the 

20 Director of the Office of Management and Budget 

21 regarding each waiver requested under subsection 

22 (a). 


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Calendar No. 185 

116TH CONGRESS 

1ST SESSION S. 983 

[Report No. 116–82] 

A BILL 

To amend the Energy Conservation and Production 

program, and for other purposes. Act to reauthorize the weatherization assistance 

SEPTEMBER 10, 2019 

Reported without amendment 


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