I 
116TH CONGRESS 
1ST SESSION H. R. 2041 
To reauthorize the weatherization assistance program, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
APRIL 2, 2019 
Mr. TONKO (for himself, Mr. RUSH, and Ms. KAPTUR) introduced the 
following bill; which was referred to the Committee on Energy and Commerce 
A BILL 
To reauthorize the weatherization assistance program, and 
for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Weatherization En-
hancement and Local Energy Efficiency Investment and 
Accountability Act’’. 
SEC. 2. WEATHERIZATION ASSISTANCE PROGRAM. 
(a) REAUTHORIZATION
OF WEATHERIZATION AS-
SISTANCE PROGRAM.—Section 422 of the Energy Con-
servation and Production Act (42 U.S.C. 6872) is amend-
ed by striking ‘‘appropriated—’’ and all that follows 
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through 
‘‘2012..’’ 
and 
inserting 
‘‘appropriated 
$350,000,000 for each of fiscal years 2020 through 
2024.’’. 
(b) MODERNIZING THE DEFINITION OF WEATHER-
IZATION MATERIALS.—Section 412(9)(J) of the Energy 
Conservation and Production Act (42 U.S.C. 6862(9)(J)) 
is amended— 
(1) by inserting ‘‘, including renewable energy 
technologies and other advanced technologies,’’ after 
‘‘devices or technologies’’; and 
(2) by striking ‘‘, after consulting with the Sec-
retary of Housing and Urban Development, the Sec-
retary of Agriculture, and the Director of the Com-
munity Services Administration’’. 
(c) CONSIDERATION OF HEALTH BENEFITS.—Sec-
tion 413(b) of the Energy Conservation and Production 
Act (42 U.S.C. 6863(b)) is amended— 
(1) by redesignating paragraphs (4) through 
(6) as paragraphs (5) through (7), respectively; and 
(2) by inserting after paragraph (3), the fol-
lowing: 
‘‘(4) The Secretary may amend the regulations pre-
scribed under paragraph (1) to provide that the standards 
described in paragraph (2)(A) take into consideration im-
provements in the health and safety of occupants of dwell-
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ing units, and other non-energy benefits, from weatheriza-
tion.’’. 
(d) CONTRACTOR OPTIMIZATION.— 
(1) IN
GENERAL.—The Energy Conservation 
and Production Act is amended by inserting after 
section 414B (42 U.S.C. 6864b) the following: 
‘‘SEC. 414C. CONTRACTOR OPTIMIZATION. 
‘‘(a) IN GENERAL.—The Secretary may request that 
entities receiving funding from the Federal Government 
or from a State through a weatherization assistance pro-
gram under section 413 or section 414 perform periodic 
reviews of the use of private contractors in the provision 
of weatherization assistance, and encourage expanded use 
of contractors as appropriate. 
‘‘(b) USE OF TRAINING FUNDS.—Entities described 
in subsection (a) may use funding described in such sub-
section to train private, non-Federal entities that are con-
tracted to provide weatherization assistance under a 
weatherization program, in accordance with rules deter-
mined by the Secretary.’’. 
(2) TABLE OF CONTENTS AMENDMENT.—The 
table of contents for the Energy Conservation and 
Production Act is amended by inserting after the 
item relating to section 414B the following: 
‘‘Sec. 414C. Contractor optimization.’’. 
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(e) FINANCIAL ASSISTANCE FOR WAP ENHANCE-
MENT AND INNOVATION.— 
(1) IN
GENERAL.—The Energy Conservation 
and Production Act is amended by inserting after 
section 414C (as added by subsection (d) of this sec-
tion) the following: 
‘‘SEC. 414D. FINANCIAL ASSISTANCE FOR WAP ENHANCE-
MENT AND INNOVATION. 
‘‘(a) PURPOSES.—The purposes of this section are— 
‘‘(1) to expand the number of dwelling units 
that are occupied by low-income persons that receive 
weatherization assistance by making such dwelling 
units weatherization-ready; 
‘‘(2) to promote the deployment of renewable 
energy in dwelling units that are occupied by low-in-
come persons; 
‘‘(3) to ensure healthy indoor environments by 
enhancing or expanding health and safety measures 
and resources available to dwellings that are occu-
pied by low-income persons; and 
‘‘(4) to disseminate new methods and best prac-
tices among entities providing weatherization assist-
ance. 
‘‘(b) FINANCIAL ASSISTANCE.—The Secretary shall, 
to the extent funds are made available, award financial 
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assistance through a competitive process to entities receiv-
ing funding from the Federal Government or from a State 
through a weatherization program under section 413 or 
section 414, or to nonprofit entities, to be used by such 
an entity— 
‘‘(1) with respect to dwelling units that are oc-
cupied by low-income persons, to— 
‘‘(A) implement measures to make such 
dwelling units weatherization-ready by address-
ing structural, plumbing, roofing, and electrical 
issues, environmental hazards, or other meas-
ures that the Secretary determines to be appro-
priate; 
‘‘(B) install energy efficiency technologies, 
including home energy management systems, 
smart devices, and other technologies the Sec-
retary determines to be appropriate; 
‘‘(C) install renewable energy systems (as 
defined in section 415(c)(6)(A)); and 
‘‘(D) 
implement 
measures 
to 
ensure 
healthy indoor environments by improving in-
door air quality, accessibility, and other healthy 
homes measures as determined by the Sec-
retary; 
‘‘(2) to improve the capability of the entity— 
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‘‘(A) to significantly increase the number 
of energy retrofits performed by such entity; 
‘‘(B) to replicate best practices for work 
performed pursuant to this section on a larger 
scale; and 
‘‘(C) to leverage additional funds to sus-
tain the provision of weatherization assistance 
and other work performed pursuant to this sec-
tion after financial assistance awarded under 
this section is expended; 
‘‘(3) for innovative outreach and education re-
garding the benefits and availability of weatheriza-
tion assistance and other assistance available pursu-
ant to this section; 
‘‘(4) for quality control of work performed pur-
suant to this section; 
‘‘(5) for data collection, measurement, and 
verification with respect to such work; 
‘‘(6) for program monitoring, oversight, evalua-
tion, and reporting regarding such work; 
‘‘(7) for labor, training, and technical assist-
ance relating to such work; 
‘‘(8) for planning, management, and adminis-
tration (up to a maximum of 15 percent of the as-
sistance provided); and 
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‘‘(9) for such other activities as the Secretary 
determines to be appropriate. 
‘‘(c) AWARD FACTORS.—In awarding financial assist-
ance under this section, the Secretary shall consider— 
‘‘(1) the applicant’s record of constructing, ren-
ovating, repairing, or making energy efficient single- 
family, multifamily, or manufactured homes that are 
occupied by low-income persons, either directly or 
through affiliates, chapters, or other partners (using 
the most recent year for which data are available); 
‘‘(2) the number of dwelling units occupied by 
low-income persons that the applicant has built, ren-
ovated, repaired, weatherized, or made more energy 
efficient in the 5 years preceding the date of the ap-
plication; 
‘‘(3) the qualifications, experience, and past 
performance of the applicant, including experience 
successfully managing and administering Federal 
funds; 
‘‘(4) the strength of an applicant’s proposal to 
achieve one or more of the purposes under sub-
section (a); 
‘‘(5) the extent to which such applicant will uti-
lize partnerships and regional coordination to 
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achieve one or more of the purposes under sub-
section (a); 
‘‘(6) regional and climate zone diversity; 
‘‘(7) urban, suburban, and rural localities; and 
‘‘(8) such other factors as the Secretary deter-
mines to be appropriate. 
‘‘(d) APPLICATIONS.— 
‘‘(1) ADMINISTRATION.—To be eligible for an 
award of financial assistance under this section, an 
applicant shall submit to the Secretary an applica-
tion in such manner and containing such informa-
tion as the Secretary may require. 
‘‘(2) AWARDS.—Subject to the availability of 
appropriations, not later than 270 days after the 
date of enactment of this section, the Secretary shall 
make a first award of financial assistance under this 
section. 
‘‘(e) MAXIMUM AMOUNT AND TERM.— 
‘‘(1) IN GENERAL.—The total amount of finan-
cial assistance awarded to an entity under this sec-
tion shall not exceed $2,000,000. 
‘‘(2) TECHNICAL AND TRAINING ASSISTANCE.— 
The total amount of financial assistance awarded to 
an entity under this section shall be reduced by the 
cost of any technical and training assistance pro-
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vided by the Secretary that relates to such financial 
assistance. 
‘‘(3) TERM.—The term of an award of financial 
assistance under this section shall not exceed 3 
years. 
‘‘(f) REQUIREMENTS.—Not later than 90 days after 
the date of enactment of this section, the Secretary shall 
issue requirements to implement this section, including, 
for entities receiving financial assistance under this sec-
tion— 
‘‘(1) standards for allowable expenditures; 
‘‘(2) a minimum saving-to-investment ratio; and 
‘‘(3) standards for— 
‘‘(A) training programs; 
‘‘(B) energy audits; 
‘‘(C) the provision of technical assistance; 
‘‘(D) monitoring activities carried out 
using such financial assistance; 
‘‘(E) verification of energy and cost sav-
ings; 
‘‘(F) liability insurance requirements; and 
‘‘(G) recordkeeping and reporting require-
ments, which shall include reporting to the Of-
fice of Weatherization and Intergovernmental 
Programs of the Department of Energy applica-
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ble data on each dwelling unit retrofitted or 
otherwise assisted pursuant to this section. 
‘‘(g) COMPLIANCE WITH STATE AND LOCAL LAW.— 
Nothing in this section supersedes or otherwise affects any 
State or local law, to the extent that the State or local 
law contains a requirement that is more stringent than 
the applicable requirement of this section. 
‘‘(h) REVIEW
AND EVALUATION.—The Secretary 
shall review and evaluate the performance of each entity 
that receives an award of financial assistance under this 
section (which may include an audit). 
‘‘(i) ANNUAL REPORT.—The Secretary shall submit 
to Congress an annual report that provides a description 
of— 
‘‘(1) actions taken under this section to achieve 
the purposes of this section; and 
‘‘(2) accomplishments as a result of such ac-
tions, including energy and cost savings achieved. 
‘‘(j) FUNDING.— 
‘‘(1) AMOUNTS.— 
‘‘(A) IN
GENERAL.—For each of fiscal 
years 2020 through 2024, of the amount made 
available under section 422 for such fiscal year 
to carry out the weatherization program under 
this part (not including any of such amount 
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made available for Department of Energy head-
quarters training or technical assistance), not 
more than— 
‘‘(i) 2 percent of such amount (if such 
amount is $225,000,000 or more but less 
than $260,000,000) may be used to carry 
out this section; 
‘‘(ii) 4 percent of such amount (if 
such amount is $260,000,000 or more but 
less than $300,000,000) may be used to 
carry out this section; and 
‘‘(iii) 6 percent of such amount (if 
such amount is $300,000,000 or more) 
may be used to carry out this section. 
‘‘(B) MINIMUM.—For each of fiscal years 
2020 through 2024, if the amount made avail-
able under section 422 (not including any of 
such amount made available for Department of 
Energy headquarters training or technical as-
sistance) for such fiscal year is less than 
$225,000,000, no funds shall be made available 
to carry out this section. 
‘‘(2) LIMITATION.—For any fiscal year, the 
Secretary may not use more than $25,000,000 of 
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the amount made available under section 422 to 
carry out this section.’’. 
(2) TABLE OF CONTENTS.—The table of con-
tents for the Energy Conservation and Production 
Act is amended by inserting after the item relating 
to section 414C the following: 
‘‘Sec. 414D. Financial assistance for WAP enhancement and innovation.’’. 
(f) INCREASE IN ADMINISTRATIVE FUNDS.—Section 
415(a)(1) of the Energy Conservation and Production Act 
(42 U.S.C. 6865(a)(1)) is amended by striking ‘‘10 per-
cent’’ and inserting ‘‘15 percent’’. 
(g) AMENDING RE-WEATHERIZATION DATE.—Para-
graph (2) of section 415(c) of the Energy Conservation 
and Production Act (42 U.S.C. 6865(c)) is amended to 
read as follows: 
‘‘(2) Dwelling units weatherized (including dwelling 
units partially weatherized) under this part, or under 
other Federal programs (in this paragraph referred to as 
‘previous weatherization’), may not receive further finan-
cial assistance for weatherization under this part until the 
date that is 15 years after the date such previous weather-
ization was completed. This paragraph does not preclude 
dwelling units that have received previous weatherization 
from receiving assistance and services (including the provi-
sion of information and education to assist with energy 
management and evaluation of the effectiveness of in-
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stalled weatherization materials) other than weatheriza-
tion under this part or under other Federal programs, or 
from receiving non-Federal assistance for weatheriza-
tion.’’. 
SEC. 3. REPORT ON WAIVERS. 
Not later than 180 days after the date of enactment 
of this Act, the Secretary of Energy shall submit to Con-
gress a report on the status of any request for a waiver 
of any requirement under section 200.313 of title 2, Code 
of Federal Regulations, as such requirement applies with 
respect to the weatherization assistance program under 
part A of title IV of the Energy Conservation and Produc-
tion Act (42 U.S.C. 6861 et seq.), including a description 
of any such waiver that has been granted and any such 
request for a waiver that has been considered but not 
granted. 
Æ 
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