
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 23, 2000]
[Document affected by Public Law 106-469 Section 601(b)]
[CITE: 42USC6865]

 
                 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. 6865. Limitations on financial assistance


(a) Purchase of materials and administration of projects

    (1) Except as provided in paragraph (2), an average of at least 
forty percent of the funds provided in a State under this part for 
weatherization materials, labor, and related matters described in 
subsection (c) of this section shall be spent for weatherization 
materials. Not more than an amount equal to 10 percent of any grant made 
by the Secretary under this part may be used for administrative purposes 
in carrying out duties under this part, except that not more than one-
half of such amount may be used by any State for such purposes, and a 
State may provide in the plan adopted pursuant to subsection (b) of this 
section for recipients of grants of less than $350,000 to use up to an 
additional 5 percent of such grant for administration if the State has 
determined that such recipient requires such additional amount to 
implement effectively the administrative requirements established by the 
Secretary pursuant to this part.
    (2)(A) The Secretary shall approve a State's application to waive 
the 40-percent requirement established in paragraph (1) if the State 
includes in its plan energy audit procedures and techniques which (i) 
meet standards established by the Secretary after consultation with the 
State Energy Advisory Board established under section 6325(g) of this 
title, (ii) establish priorities for selection of weatherization 
measures based on their cost and contribution to energy efficiency, 
(iii) measure the energy requirement of individual dwellings and the 
rate of return of the total conservation investment in a dwelling, and 
(iv) account for interaction among energy efficiency measures.
    (B) The Secretary shall make information on energy audit procedures 
and techniques available to States applying for a waiver under 
subparagraph (A) and shall provide training for State and local agencies 
in the implementation of such procedures and techniques.

(b) Allocation, termination or discontinuance by Secretary

    The Secretary shall insure that financial assistance provided under 
this part will--
        (1) be allocated within the State or area in accordance with a 
    published State or area plan, which is adopted by such State after 
    notice and a public hearing, describing the proposed funding 
    distributions and recipients;
        (2) be allocated, pursuant to such State or area plan, to 
    community action agencies carrying out programs under title II of 
    the Economic Opportunity Act of 1964 [42 U.S.C. 2781 et seq.] or to 
    other appropriate and qualified public or nonprofit entities in such 
    State or area so that--
            (A) funds will be allocated on the basis of the relative 
        need for weatherization assistance among the low-income persons 
        within such State or area, taking into account appropriate 
        climatic and energy conservation factors; and
            (B) due consideration will be given to the results of 
        periodic evaluations of the projects carried out under this part 
        in light of available information regarding the current and 
        anticipated energy and weatherization needs of low-income 
        persons within the State; and

        (3) be terminated or discontinued during the application period 
    only in accordance with policies and procedures consistent with the 
    policies and procedures set forth in section 6868 of this title.

(c) Limitations on expenditures; exceptions; annual adjustments

    (1) Except as provided in paragraphs (3) and (4), the expenditure of 
financial assistance provided under this part for labor, weatherization 
materials, and related matters shall not exceed an average of $1,600 per 
dwelling unit weatherized in that State. Labor, weatherization 
materials, and related matter includes, but is not limited to--
        (A) the appropriate portion of the cost of tools and equipment 
    used to install weatherization materials for a dwelling unit;
        (B) the cost of transporting labor, tools, and materials to a 
    dwelling unit;
        (C) the cost of having onsite supervisory personnel; and
        (D) the cost of making incidental repairs to a dwelling unit if 
    such repairs are necessary to make the installation of 
    weatherization materials effective.

    (2) Dwelling units partially weatherized under this part or under 
other Federal programs during the period September 30, 1975, through 
September 30, 1979, may receive further financial assistance for 
weatherization under this part.
    (3) Beginning with fiscal year 1991, the $1,600 per dwelling unit 
limitation provided in paragraph (1) shall be adjusted annually by 
increasing the limitation amount by an amount equal to--
        (A) the limitation amount for the previous fiscal year, 
    multiplied by
        (B) the lesser of (i) the percentage increase in the Consumer 
    Price Index (all items, United States city average) for the most 
    recent calendar year completed before the beginning of fiscal year 
    for which the determination is being made, or (ii) three percent.

    (4)(A) In addition to the average per dwelling unit limitation 
applicable in a State under paragraphs (1) and (3), the Secretary shall, 
upon application by a State, establish a separate average per dwelling 
unit limitation for dwelling units in such State--
        (i) which conform to program requirements; and
        (ii) which, in addition to any other weatherization 
    modifications, have furnace efficiency modifications made under this 
    part.

    (B) The average per dwelling unit limitation applicable in a State 
to units described in subparagraph (A) shall not exceed an amount equal 
to--
        (i) the amount permitted for the expenditure of financial 
    assistance for labor, weatherization materials, and related matters 
    for dwelling units in such State under paragraphs (1) and (3), plus
        (ii) an amount determined by the State to be the average amount 
    that is appropriate for furnace efficiency modifications of dwelling 
    units of the type assisted under this part in such State.

(d) Supplementary financial assistance to States

    Beginning with fiscal year 1992, the Secretary may allocate funds 
appropriated pursuant to section 6872(b) \1\ of this title to provide 
supplementary financial assistance to those States which the Secretary 
determines have achieved the best performance during the previous fiscal 
year in achieving the purposes of this part. In making this 
determination, the Secretary shall--
---------------------------------------------------------------------------
    \1\ See References in Text note below.
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        (1) consult with the State Energy Advisory Board established 
    under section 6325(g) of this title; and
        (2) give priority to those States which, during such previous 
    fiscal year, obtained a significant portion of income from non-
    Federal sources for their weatherization programs or increased 
    significantly the portion of low-income weatherization assistance 
    that the State obtained from non-Federal sources.

(e) Supplementary financial assistance to grant recipients

    (1)(A) Beginning with fiscal year 1992, the Secretary may allocate, 
from funds appropriated pursuant to section 6872(b) \1\ of this title, 
among the States an equal amount for each State not to exceed $100,000 
per State. Each State shall make available amounts received under this 
subsection to provide supplementary financial assistance to recipients 
of grants under this part that have achieved the best performance during 
the previous fiscal year in advancing the purposes of this part.
    (B) None of the funds made available under this subsection may be 
used by any State for administrative purposes.
    (2) The Secretary shall, after consulting with the State Energy 
Advisory Board referred to in subsection (d)(1) of this section, 
prescribe guidelines to be used by each State in making available 
supplementary financial assistance under this subsection, with a 
priority being given to subgrantees that, by law or through 
administrative or other executive action, provided non-Federal resources 
(including private resources) to supplement Federal financial assistance 
under this part during the previous fiscal year.

(Pub. L. 94-385, title IV, Sec. 415, Aug. 14, 1976, 90 Stat. 1155; Pub. 
L. 95-619, title II, Sec. 231(c), Nov. 9, 1978, 92 Stat. 3225; Pub. L. 
96-294, title V, Secs. 571, 572, 573(a), 575, 577(2), June 30, 1980, 94 
Stat. 759, 760; Pub. L. 98-558, title IV, Secs. 403, 404, Oct. 30, 1984, 
98 Stat. 2887, 2888; Pub. L. 101-440, Sec. 7(d)-(f), (i), Oct. 18, 1990, 
104 Stat. 1013, 1014.)

                       References in Text

    The Economic Opportunity Act of 1964, referred to in subsec. (b)(2), 
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.
    Section 6872 of this title, referred to in subsecs. (d) and 
(e)(1)(A), was amended by Pub. L. 105-388, Sec. 3, Nov. 13, 1998, 112 
Stat. 3477, and, as so amended, no longer contains a subsec. (b).


                               Amendments

    1990--Subsec. (a). Pub. L. 101-440, Sec. 7(d), substituted ``(1) 
Except as provided in paragraph (2), an average'' for ``An average'', 
inserted before period at end ``, and a State may provide in the plan 
adopted pursuant to subsection (b) of this section for recipients of 
grants of less than $350,000 to use up to an additional 5 percent of 
such grant for administration if the State has determined that such 
recipient requires such additional amount to implement effectively the 
administrative requirements established by the Secretary pursuant to 
this part'', and added par. (2).
    Subsec. (c)(1). Pub. L. 101-440, Sec. 7(e)(1), substituted ``Except 
as provided in paragraphs (3) and (4), the expenditure'' for ``The 
expenditure''.
    Subsec. (c)(3), (4). Pub. L. 101-440, Sec. 7(e)(2), added pars. (3) 
and (4).
    Subsec. (d). Pub. L. 101-440, Sec. 7(i), added subsec. (d).
    Pub. L. 101-440, Sec. 7(f), struck out subsec. (d) which established 
a performance fund to provide financial assistance to those States the 
Secretary determined to have demonstrated the best performance during 
the previous fiscal year in providing weatherization assistance.
    Subsec. (e). Pub. L. 101-440, Sec. 7(i), added subsec. (e).
    1984--Subsec. (a). Pub. L. 98-558, Sec. 403(1), substituted 
provisions that an average of at least forty percent of the funds 
provided shall be spent for weatherization for former provisions which 
directed the Secretary to use funds to the maximum extent practicable.
    Subsec. (c). Pub. L. 98-558, Sec. 403(2), in amending subsec. (c) 
generally, substituted provisions that expenditures shall not exceed an 
average of $1,600 per dwelling unit for former provisions which provided 
for an $800 per dwelling unit limit in par. (1), struck out ``(not to 
exceed $150)'' after ``the cost'' in par. (1)(D), substituted provisions 
that dwelling units partially weatherized between certain dates could 
receive further financial assistance under this part for former 
provisions that $800 limit would not apply if the State policy advisory 
council requested greater amounts from the Secretary and the Secretary 
gave approval in par. (2), and deleted former par. (3) which provided 
that in areas where the Secretary, after consultation with the Secretary 
of Labor, determined that there was an insufficient number of volunteers 
and training participants and public service employment workers, 
assisted pursuant to the Comprehensive Employment and Training Act of 
1973, available to work on weatherization projects under the supervision 
of qualified supervisors and foremen, the Secretary could increase the 
limitation of $800 to not more than $1,600 to cover the costs of paying 
persons who would install the weatherization materials and, to the 
maximum extent practicable, who would otherwise be able to participate 
as training participants and public service employment workers pursuant 
to the Comprehensive Employment and Training Act of 1973.
    Subsec. (d). Pub. L. 98-558, Sec. 404, added subsec. (d).
    1980--Subsec. (a). Pub. L. 96-294, Secs. 571, 577(2), substituted 
``Secretary'' for ``Administrator'' and provisions limiting amounts used 
for administrative purposes in any grant made by the Secretary under 
this part for provisions limiting amounts used for administrative 
purposes in any grant made pursuant to section 6863(a) of this title and 
any allocations under this section.
    Subsec. (b). Pub. L. 96-294, Secs. 573(a), 577(2), substituted in 
provision preceding par. (1) ``Secretary'' for ``Administrator'', 
redesignated former par. (2)(C) as (B), and struck out former par. 
(2)(B), which related to funds allocated for carrying out weatherization 
projects under this part in the geographical area served by the 
emergency program.
    Subsec. (c)(1). Pub. L. 96-294, Secs. 572(1), 575, inserted in 
provision preceding subpar. (A) reference to par. (3) and in subpar. (D) 
substituted ``$150'' for ``$100''.
    Subsec. (c)(2). Pub. L. 96-294, Sec. 577(2), substituted 
``Secretary'' for ``Administrator'' wherever appearing.
    Subsec. (c)(3). Pub. L. 96-294, Sec. 572(2), added par. (3).
    1978--Subsec. (a). Pub. L. 95-619, Sec. 231(c)(1), authorized 
expenditure of allocations under this part for costs related to 
weatherization of a dwelling unit as provided in subsec. (c) of this 
section and substituted an administrative expenses limitation of five 
percent of any allocation under this section for a similar limitation of 
ten percent of any such allocation.
    Subsec. (c). Pub. L. 95-619, Sec. 231(c)(2), included expenditure of 
financial assistance provided under this section for costs related to 
procurement and installation of weatherization materials in dwelling 
units in the maximum amount available per dwelling unit and increased 
such maximum amount to $800 per unit.


                  Performance Fund; Restriction on Use

    Pub. L. 99-190, Sec. 101(d) [title II, Sec. 201], Dec. 19, 1985, 99 
Stat. 1224, 1253, provided: ``That section 404 of Public Law 98-558 
[enacting subsec. (d) of this section] shall not be effective in any 
fiscal year in which the amount made available for low income 
weatherization assistance from appropriations under this head is less 
than 5 per centum above the amount made available in fiscal year 1985.''

                  Section Referred to in Other Sections

    This section is referred to in sections 1474, 6864, 6872 of this 
title.
