dreamproit/uscode huggingface dataset:
42 U.S.C. § 6866 (THE PUBLIC HEALTH AND WELFARE)
§ 6866. Monitoring and evaluation of funded projects; technical assistance; limitation on assistance
The Secretary, in coordination with the Director, shall monitor and evaluate the operation of projects receiving financial assistance under this part through methods provided for in section 6867(a) of this title, through onsite inspections, or through other means, in order to assure the effective provision of weatherization assistance for the dwelling units of low-income persons. The Secretary shall also carry out periodic evaluations of the program authorized by this part and projects receiving financial assistance under this part. The Secretary may provide technical assistance to any such project, directly and through persons and entities with a demonstrated capacity in developing and implementing appropriate technology for enhancing the effectiveness of the provision of weatherization assistance to the dwelling units of low-income persons, utilizing in any fiscal year not to exceed up to 20 percent of the sums appropriated for such year under this part.
(Pub. L. 94–385, title IV, § 416, Aug. 14, 1976, 90 Stat. 1156; Pub. L. 96–294, title V, § 577(2), June 30, 1980, 94 Stat. 760; Pub. L. 111–5, div. A, title IV, § 407(d), Feb. 17, 2009, 123 Stat. 146.)
heading: Amendments
text: 2009—Pub. L. 111–5 substituted “up to 20 percent” for “10 percent”.
1980—Pub. L. 96–294 substituted “Secretary” for “Administrator” wherever appearing.
42 U.S.C. § 6867 (THE PUBLIC HEALTH AND WELFARE)
§ 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.
(Pub. L. 94–385, title IV, § 417, Aug. 14, 1976, 90 Stat. 1156; Pub. L. 96–294, title V, § 577(2), June 30, 1980, 94 Stat. 760.)
heading: Amendments
text: 1980—Subsecs. (a) to (c). Pub. L. 96–294 substituted “Secretary” for “Administrator” wherever appearing.
42 U.S.C. § 6868 (THE PUBLIC HEALTH AND WELFARE)
§ 6868. Approval of application or amendment for financial assistance; administrative procedures applicable
(a) The Secretary shall not finally disapprove any application submitted under this part, or any amendment thereto, without first affording the State (or unit of general purpose local government or community action agency under section 6863(c) of this title, as appropriate) in question, as well as other interested parties, reasonable notice and an opportunity for a public hearing. The Secretary may consolidate into a single hearing the consideration of more than one such application for a particular fiscal year to carry out projects within a particular State. Whenever the Secretary, after reasonable notice and an opportunity for a public hearing, finds that there is a failure to comply substantially with the provisions of this part or regulations promulgated under this part, he shall notify the agency or institution involved and other interested parties that such State (or unit of general purpose local government or agency, as appropriate) will no longer be eligible to participate in the program under this part until the Secretary is satisfied that there is no longer any such failure to comply.
(b) Reasonable notice under this section shall include a written notice of intention to act adversely (including a statement of the reasons therefor) and a reasonable period of time within which to submit corrective amendments to the application, or to propose corrective action.
(Pub. L. 94–385, title IV, § 418, Aug. 14, 1976, 90 Stat. 1157; Pub. L. 96–294, title V, § 577(2), June 30, 1980, 94 Stat. 760.)
heading: Amendments
text: 1980—Subsec. (a). Pub. L. 96–294 substituted “Secretary” for “Administrator” wherever appearing.
42 U.S.C. § 6869 (THE PUBLIC HEALTH AND WELFARE)
§ 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.
(Pub. L. 94–385, title IV, § 419, Aug. 14, 1976, 90 Stat. 1157; Pub. L. 96–294, title V, § 577(2), (3), June 30, 1980, 94 Stat. 760.)
heading: Amendments
text: 1980—Subsecs. (a) to (c). Pub. L. 96–294 substituted “Secretary” for “Administrator” wherever appearing, and “Secretary’s” for “Administrator’s”.
42 U.S.C. § 6870 (THE PUBLIC HEALTH AND WELFARE)
§ 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.
(Pub. L. 94–385, title IV, § 420, Aug. 14, 1976, 90 Stat. 1158; Pub. L. 96–294, title V, § 577(2), June 30, 1980, 94 Stat. 760.)
heading: References in Text
text: The Civil Rights Act of 1964, referred to in subsec. (b)(2), is Pub. L. 88–352, July 2, 1964, 78 Stat. 241, as amended. Title VI of the Civil Rights Act of 1964 is classified generally to subchapter V (§ 2000d et seq.) of chapter 21 of this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 2000a of this title and Tables.
heading: Amendments
text: 1980—Subsec. (b). Pub. L. 96–294 substituted “Secretary” for “Administrator” wherever appearing.
42 U.S.C. § 6871 (THE PUBLIC HEALTH AND WELFARE)
§ 6871. Annual report by Secretary and Director to President and Congress on weatherization program
The Secretary and (with respect to the operation and effectiveness of activities carried out through community action agencies) the Director shall each submit, on or before March 31, 1977, and annually thereafter, a report to the Congress and the President describing the weatherization assistance program carried out under this part or any other provision of law, including the results of the periodic evaluations and monitoring activities required by section 6866 of this title. Such report shall include information and data furnished by each State on the average costs incurred in weatherization of individual dwelling units, the average size of the dwellings being weatherized, and the average income of households receiving assistance under this part.
(Pub. L. 94–385, title IV, § 421, Aug. 14, 1976, 90 Stat. 1158; Pub. L. 96–294, title V, § 577(2), June 30, 1980, 94 Stat. 760; Pub. L. 101–440, § 7(h), Oct. 18, 1990, 104 Stat. 1014.)
heading: Amendments
text: 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”.
42 U.S.C. § 6891 (THE PUBLIC HEALTH AND WELFARE)
§ 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.
(Pub. L. 94–385, title IV, § 461, Aug. 14, 1976, 90 Stat. 1168; Pub. L. 95–91, title III, § 301(a), title VII, § 703, Aug. 4, 1977, 91 Stat. 577, 606.)
heading: Transfer of Functions
text: “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.
42 U.S.C. § 6901a (THE PUBLIC HEALTH AND WELFARE)
§ 6901a. Congressional findings: used oil recycling
The Congress finds and declares that—
(1) used oil is a valuable source of increasingly scarce energy and materials;
(2) technology exists to re-refine, reprocess, reclaim, and otherwise recycle used oil;
(3) used oil constitutes a threat to public health and the environment when reused or disposed of improperly; and
that, therefore, it is in the national interest to recycle used oil in a manner which does not constitute a threat to public health and the environment and which conserves energy and materials.
(Pub. L. 96–463, § 2, Oct. 15, 1980, 94 Stat. 2055.)
heading: Codification
text: Section was enacted as part of the Used Oil Re­cycling Act of 1980, and not as part of the Solid Waste Disposal Act which comprises this chapter.
42 U.S.C. § 6904 (THE PUBLIC HEALTH AND WELFARE)
§ 6904. Governmental cooperation
(a) Interstate cooperation
The provisions of this chapter to be carried out by States may be carried out by interstate agencies and provisions applicable to States may apply to interstate regions where such agencies and regions have been established by the respective States and approved by the Administrator. In any such case, action required to be taken by the Governor of a State, respecting regional designation shall be required to be taken by the Governor of each of the respective States with respect to so much of the interstate region as is within the jurisdiction of that State.
(b) Consent of Congress to compacts
The consent of the Congress is hereby given to two or more States to negotiate and enter into agreements or compacts, not in conflict with any law or treaty of the United States, for—
(1) cooperative effort and mutual assistance for the management of solid waste or hazardous waste (or both) and the enforcement of their respective laws relating thereto, and
(2) the establishment of such agencies, joint or otherwise, as they may deem desirable for making effective such agreements or compacts.
No such agreement or compact shall be binding or obligatory upon any State a party thereto unless it is agreed upon by all parties to the agreement and until it has been approved by the Administrator and the Congress.
(Pub. L. 89–272, title II, § 1005, as added Pub. L. 94–580, § 2, Oct. 21, 1976, 90 Stat. 2801.)
heading: Transfer of Functions
text: For transfer of certain enforcement functions of Administrator or other official of Environmental Protection Agency under this chapter to Federal Inspector, Office of Federal Inspector for the Alaska Natural Gas Transportation System, and subsequent transfer to Secretary of Energy, then to Federal Coordinator for Alaska Natural Gas Transportation Projects, see note set out under section 6903 of this title.
42 U.S.C. § 6906 (THE PUBLIC HEALTH AND WELFARE)
§ 6906. Financial disclosure
(a) Statement
Each officer or employee of the Administrator who—
(1) performs any function or duty under this chapter; and
(2) has any known financial interest in any person who applies for or receives financial assistance under this chapter
shall, beginning on February 1, 1977, annually file with the Administrator a written statement concerning all such interests held by such officer or employee during the preceding calendar year. Such statement shall be available to the public.
(b) Action by Administrator
The Administrator shall—
(1) act within ninety days after October 21, 1976—
(A) to define the term “known financial interest” for purposes of subsection (a) of this section; and
(B) to establish the methods by which the requirement to file written statements specified in subsection (a) of this section will be monitored and enforced, including appropriate provision for the filing by such officers and employees of such statements and the review by the Administrator of such statements; and
(2) report to the Congress on June 1, 1978, and of each succeeding calendar year with respect to such disclosures and the actions taken in regard thereto during the preceding calendar year.
(c) Exemption
In the rules prescribed under subsection (b) of this section, the Administrator may identify specific positions within the Environmental Protection Agency which are of a nonpolicy-making nature and provide that officers or employees occupying such positions shall be exempt from the requirements of this section.
(d) Penalty
Any officer or employee who is subject to, and knowingly violates, this section shall be fined not more than $2,500 or imprisoned not more than one year, or both.
(Pub. L. 89–272, title II, § 1007, as added Pub. L. 94–580, § 2, Oct. 21, 1976, 90 Stat. 2802.)
heading: Termination of Reporting Requirements
text: For termination, effective May 15, 2000, of reporting provisions in subsec. (b)(2) of this section, see section 3003 of Pub. L. 104–66, as amended, set out as a note under section 1113 of Title 31, Money and Finance, and the 14th item on page 164 of House Document No. 103–7.
heading: Transfer of Functions
text: For transfer of certain enforcement functions of Administrator or other official of Environmental Protection Agency under this chapter to Federal Inspector, Office of Federal Inspector for the Alaska Natural Gas Transportation System, and subsequent transfer to Secretary of Energy, then to Federal Coordinator for Alaska Natural Gas Transportation Projects, see note set out under section 6903 of this title.
42 U.S.C. § 6908a (THE PUBLIC HEALTH AND WELFARE)
§ 6908a. Agreements with Indian tribes
On and after October 21, 1998, the Administrator is authorized to enter into assistance agreements with Federally 1 recognized Indian tribes on such terms and conditions as the Administrator deems appropriate for the development and implementation of programs to manage hazardous waste, and underground storage tanks.
(Pub. L. 105–276, title III, Oct. 21, 1998, 112 Stat. 2499.)
heading: Codification
text: Section was enacted as part of the Departments of Veterans Affairs and Housing and Urban Development, and Independent Agencies Appropriations Act, 1999, and not as part of the Solid Waste Disposal Act which comprises this chapter.
42 U.S.C. § 6911a (THE PUBLIC HEALTH AND WELFARE)
§ 6911a. Assistant Administrator of Environmental Protection Agency; appointment, etc.
The Assistant Administrator of the Environmental Protection Agency appointed to head the Office of Solid Waste shall be in addition to the five Assistant Administrators of the Environmental Protection Agency provided for in section 1(d) of Reorganization Plan Numbered 3 of 1970 and the additional Assistant Administrator provided by the Toxic Substances Control Act [15 U.S.C. 2601 et seq.], shall be appointed by the President by and with the advice and consent of the Senate.
(Pub. L. 96–510, title III, § 307(b), Dec. 11, 1980, 94 Stat. 2810; Pub. L. 98–80, § 2(c)(2)(B), Aug. 23, 1983, 97 Stat. 485.)
heading: References in Text
text: Reorganization Plan Numbered 3 of 1970, referred to in text, is set out in the Appendix to Title 5, Government Organization and Employees.
The Toxic Substances Control Act, referred to in text, is Pub. L. 94–469, Oct. 11, 1976, 90 Stat. 2003, as amended, which is classified generally to chapter 53 (§ 2601 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 15 and Tables.
heading: Codification
text: Section was enacted as part of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, and not as part of the Solid Waste Disposal Act which comprises this chapter.
heading: Amendments
text: 1983—Pub. L. 98–80 struck out “, and shall be compensated at the rate provided for Level IV of the Executive Schedule pay rates under section 5315 of title 5” after “advice and consent of the Senate”.
heading: Effective Date
text: Section effective Dec. 11, 1980, see section 9652 of this title.
42 U.S.C. § 6913 (THE PUBLIC HEALTH AND WELFARE)
§ 6913. Resource Recovery and Conservation Panels
The Administrator shall provide teams of personnel, including Federal, State, and local employees or contractors (hereinafter referred to as “Resource Conservation and Recovery Panels”) to provide Federal agencies, States and local governments upon request with technical assistance on solid waste management, resource recovery, and resource conservation. Such teams shall include technical, marketing, financial, and institutional specialists, and the services of such teams shall be provided without charge to States or local governments.
(Pub. L. 89–272, title II, § 2003, as added Pub. L. 94–580, § 2, Oct. 21, 1976, 90 Stat. 2804; amended Pub. L. 95–609, § 7(e), Nov. 8, 1978, 92 Stat. 3081.)
heading: Amendments
text: 1978—Pub. L. 95–609 inserted “Federal agencies,” after “to provide”.
heading: Transfer of Functions
text: For transfer of certain enforcement functions of Administrator or other official of Environmental Protection Agency under this chapter to Federal Inspector, Office of Federal Inspector for the Alaska Natural Gas Transportation System, and subsequent transfer to Secretary of Energy, then to Federal Coordinator for Alaska Natural Gas Transportation Projects, see note set out under section 6903 of this title.
42 U.S.C. § 6914 (THE PUBLIC HEALTH AND WELFARE)
§ 6914. Grants for discarded tire disposal
(a) Grants
The Administrator shall make available grants equal to 5 percent of the purchase price of tire shredders (including portable shredders attached to tire collection trucks) to those eligible applicants best meeting criteria promulgated under this section. An eligible applicant may be any private purchaser, public body, or public-private joint venture. Criteria for receiving grants shall be promulgated under this section and shall include the policy to offer any private purchaser the first option to receive a grant, the policy to develop widespread geographic distribution of tire shredding facilities, the need for such facilities within a geographic area, and the projected risk and viability of any such venture. In the case of an application under this section from a public body, the Administrator shall first make a determination that there are no private purchasers interested in making an application before approving a grant to a public body.
(b) Authorization of appropriations
There is authorized to be appropriated $750,000 for each of the fiscal years 1978 and 1979 to carry out this section.
(Pub. L. 89–272, title II, § 2004, as added Pub. L. 94–580, § 2, Oct. 21, 1976, 90 Stat. 2805.)
heading: Transfer of Functions
text: For transfer of certain enforcement functions of Administrator or other official of Environmental Protection Agency under this chapter to Federal Inspector, Office of Federal Inspector for the Alaska Natural Gas Transportation System, and subsequent transfer to Secretary of Energy, then to Federal Coordinator for Alaska Natural Gas Transportation Projects, see note set out under section 6903 of this title.
42 U.S.C. § 6914a (THE PUBLIC HEALTH AND WELFARE)
§ 6914a. Labeling of lubricating oil
For purposes of any provision of law which requires the labeling of commodities, lubricating oil shall be treated as lawfully labeled only if it bears the following statement, prominently displayed:
“DON’T POLLUTE—CONSERVE RESOURCES; RETURN USED OIL TO COLLECTION CENTERS”.
(Pub. L. 89–272, title II, § 2005, as added Pub. L. 96–463, § 4(a), Oct. 15, 1980, 94 Stat. 2056.)
heading: Prior Provisions
text: A prior section 2005 of Pub. L. 89–272 was renumbered section 2006 and is classified to section 6915 of this title.