
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 42USC6864]

 
                 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. 6864. Financial assistance


(a) Annual application; contents; allocation to States

    The Secretary shall provide financial assistance, from sums 
appropriated for any fiscal year under this part, only upon annual 
application. Each such application shall describe the estimated number 
and characteristics of the low-income persons and the number of dwelling 
units to be assisted and the criteria and methods to be used by the 
applicant in providing weatherization assistance to such persons. The 
application shall also contain such other information (including 
information needed for evaluation purposes) and assurances as may be 
required (1) in the regulations promulgated pursuant to section 6863 of 
this title and (2) to carry out this section. The Secretary shall 
allocate financial assistance to each State on the basis of the relative 
need for weatherization assistance among low-income persons throughout 
the States, taking into account the following factors:
        (A) The number of dwelling units to be weatherized.
        (B) The climatic conditions in the State respecting energy 
    conservation, which may include consideration of annual degree days.
        (C) The type of weatherization work to be done in the various 
    settings.
        (D) Such other factors as the Secretary may determine necessary, 
    such as the cost of heating and cooling, in order to carry out the 
    purpose and provisions of this part.

(b) Requirements for assistance

    The Secretary shall not provide financial assistance under this part 
unless the applicant has provided reasonable assurances that it has--
        (1) established a policy advisory council which (A) has special 
    qualifications and sensitivity with respect to solving the problems 
    of low-income persons (including the weatherization and energy-
    conservation problems of such persons), (B) is broadly 
    representative of organizations and agencies which are providing 
    services to such persons in the State or geographical area in 
    question, and (C) is responsible for advising the responsible 
    official or agency administering the allocation of financial 
    assistance in such State or area with respect to the development and 
    implementation of such weatherization assistance program;
        (2) established priorities to govern the provision of 
    weatherization assistance to low-income persons, including methods 
    to provide priority to elderly and handicapped low-income persons, 
    and such priority as the applicant determines is appropriate for 
    single-family or other high-energy-consuming dwelling units;
        (3) established policies and procedures designed to assure that 
    financial assistance provided under this part will be used to 
    supplement, and not to supplant, State or local funds, and, to the 
    extent practicable, to increase the amounts of such funds that would 
    be made available in the absence of Federal funds for carrying out 
    the purpose of this part, including plans and procedures (A) for 
    securing, to the maximum extent practicable, the services of 
    volunteers and training participants and public service employment 
    workers, pursuant to the Job Training Partnership Act [29 U.S.C. 
    1501 et seq.] or title I of the Workforce Investment Act of 1998 [29 
    U.S.C. 2801 et seq.], to work under the supervision of qualified 
    supervisors and foremen, (B) for using Federal financial assistance 
    under this part to increase the portion of low-income weatherization 
    assistance that the State obtains from non-Federal sources, 
    including private sources, and (C) for complying with the 
    limitations set forth in section 6865 of this title; and
        (4) selected on the basis of public comment received during a 
    public hearing conducted pursuant to section 6865(b)(1) of this 
    title, and other appropriate findings, community action agencies or 
    other public or nonprofit entities to undertake the weatherization 
    activities authorized by this subchapter: Provided, Such selection 
    shall be based on the agency's experience and performance in 
    weatherization or housing renovation activities, experience in 
    assisting low-income persons in the area to be served, and the 
    capacity to undertake a timely and effective weatherization program: 
    Provided further, That in making such selection preference shall be 
    given to any community action agency or other public or nonprofit 
    entity which has, or is currently administering, an effective 
    program under this subchapter or under title II of the Economic 
    Opportunity Act of 1964 [42 U.S.C. 2781 et seq.].

(c) Annual update of data used in allocating funds

    Effective with fiscal year 1991, and annually thereafter, the 
Secretary shall update the population, eligible households, climatic, 
residential energy use, and all other data used in allocating the funds 
under this part among the States pursuant to subsection (a) of this 
section.

(Pub. L. 94-385, title IV, Sec. 414, Aug. 14, 1976, 90 Stat. 1154; Pub. 
L. 96-294, title V, Secs. 573(c), 577(2), June 30, 1980, 94 Stat. 759, 
760; Pub. L. 101-440, Sec. 7(c), (g), Oct. 18, 1990, 104 Stat. 1012, 
1014; Pub. L. 105-277, div. A, Sec. 101(f) [title VIII, Sec. 405(d)(38), 
(f)(29)], Oct. 21, 1998, 112 Stat. 2681-337, 2681-427, 2681-434.)

                     Amendment of Subsection (b)(3)

        Pub. L. 105-277, Sec. 101(f) [title VIII, Sec. 405(f)(29), 
    (g)(2)(B)], Oct. 21, 1998, 112 Stat. 2681-337, 2681-434, 2681-435, 
    provided that, effective July 1, 2000, subsection (b)(3) of this 
    section is amended by striking ``the Job Training Partnership Act 
    or''.

                       References in Text

    The Job Training Partnership Act, referred to in subsec. (b)(3), is 
Pub. L. 97-300, Oct. 13, 1982, 96 Stat. 1322, as amended, which is 
classified generally to chapter 19 (Sec. 1501 et seq.) of Title 29, 
Labor. For complete classification of this Act to the Code, see Short 
Title note set out under section 1501 of Title 29 and Tables.
    The Workforce Investment Act of 1998, referred to in subsec. (b)(3), 
is Pub. L. 105-220, Aug. 7, 1998, 112 Stat. 936, as amended. Title I of 
the Act is classified principally to chapter 30 (Sec. 2801 et seq.) of 
Title 29, Labor. For complete classification of this Act to the Code, 
see Short Title note set out under section 9201 of Title 20, Education, 
and Tables.
    The Economic Opportunity Act of 1964, referred to in subsec. (b)(4), 
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. For complete classification of this Act to the Code, see Tables.


                               Amendments

    1998--Subsec. (b)(3). Pub. L. 105-277, Sec. 101(f) [title VIII, 
Sec. 405(d)(38)], substituted ``the Job Training Partnership Act or 
title I of the Workforce Investment Act of 1998'' for ``the 
Comprehensive Employment and Training Act of 1973''.
    1990--Subsec. (a)(D). Pub. L. 101-440, Sec. 7(c)(1), inserted ``, 
such as the cost of heating and cooling,'' after ``necessary''.
    Subsec. (b)(3). Pub. L. 101-440, Sec. 7(g), added cl. (B) and 
redesignated former cl. (B) as (C).
    Subsec. (c). Pub. L. 101-440, Sec. 7(c)(2), added subsec. (c).
    1980--Subsec. (a). Pub. L. 96-294, Sec. 577(2), substituted 
``Secretary'' for ``Administrator'' wherever appearing.
    Subsec. (b). Pub. L. 96-294, Secs. 573(c), 577(2), substituted 
``Secretary'' for ``Administrator'' and added par. (4).


                    Effective Date of 1998 Amendment

    Amendment by section 101(f) [title VIII, Sec. 405(d)(38)] of Pub. L. 
105-277 effective Oct. 21, 1998, and amendment by section 101(f) [title 
VIII, Sec. 405(f)(29)] of Pub. L. 105-277 effective July 1, 2000, see 
section 101(f) [title VIII, Sec. 405(g)(1), (2)(B)] of Pub. L. 105-277, 
set out as a note under section 3502 of Title 5, Government Organization 
and Employees.

                  Section Referred to in Other Sections

    This section is referred to in sections 6863, 6864a, 6864b, 6869 of 
this title.
