
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 42USC6862]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
          CHAPTER 81--ENERGY CONSERVATION AND RESOURCE RENEWAL
 
 SUBCHAPTER III--ENERGY CONSERVATION AND RENEWABLE-RESOURCE ASSISTANCE 
                         FOR EXISTING BUILDINGS
 
        Part A--Weatherization Assistance for Low-Income Persons
 
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 an individual with a disability, as defined in section 705 of 
    title 29, (B) who is under a disability as defined in section 
    1614(a)(3)(A) or 233(d)(1) of the Social Security Act [42 U.S.C. 
    1382c(a)(3)(A), 423(d)(1)] or in section 102(7) \1\ of the 
    Developmental Disabilities Services and Facilities Construction Act 
    [42 U.S.C. 6001(7)], or (C) who is receiving benefits under chapter 
    11 or 15 of title 38.
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    \1\ See References in Text note below.
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        (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.

(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, Secs. 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; Pub. L. 
105-220, title IV, Sec. 414(f), Aug. 7, 1998, 112 Stat. 1242.)

                       References in Text

    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

    1998--Par. (5)(A). Pub. L. 105-220 substituted ``an individual with 
a disability, as defined in section 705 of title 29'' for ``a 
handicapped individual as defined in section 7(7) of the Rehabilitation 
Act of 1973''.
    1992--Par. (9)(G) to (J). Pub. L. 102-486 realigned margin of 
subpar. (G), added subpars. (H) and (I), and redesignated former subpar. 
(H) as (J).
    1990--Par. (9)(G), (H). Pub. L. 101-440 added subpar. (G) and 
redesignated former subpar. (G) as (H).
    1988--Par. (9)(G). Pub. L. 100-242 substituted a single comma for 
two consecutive commas after ``determine''.
    1984--Par. (7)(C). Pub. L. 98-558, 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.
