
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document affected by Public Law 106-291]
[Document affected by Public Law 106-469 Section 601(a)]
[CITE: 42USC6863]

 
                 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. 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.

(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, Secs. 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, Secs. 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.


                    Weatherization Assistance Grants

    Pub. L. 106-113, div. B, Sec. 1000(a)(3) [title II], Nov. 29, 1999, 
113 Stat. 1535, 1501A-180, provided in part: ``That, notwithstanding any 
other provision of law, in fiscal year 2001 and thereafter sums 
appropriated for weatherization assistance grants shall be contingent on 
a cost share of 25 percent by each participating State or other 
qualified participant.''


                    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.
