CHAPTER 81 - ENERGY CONSERVATION AND RESOURCE RENEWAL

Title 42 > CHAPTER 81

Sections (40)

§ 6801 Congressional findings and purpose

(a) The Congress finds that improvement in electric utility rate design has great potential for reducing the cost of electric utility services to consumers and current and projected shortages of capital, and for encouraging energy conservation and better use of existing electrical generating facilities.

(b) It is the purpose of this subchapter to require the Secretary to develop proposals for improvement of electric utility rate design and transmit such proposals to Congress; to fund electric utility rate demonstration projects; to intervene or participate, upon request, in the proceedings of utility regulatory commissions; and to provide financial assistance to State offices of consumer services to facilitate presentation of consumer interests before such commissions.

§ 6802 Definitions

As used in this subchapter: The term “Secretary” means the Secretary of Energy. The term “electric utility” means any person, State agency, or Federal agency which sells electric energy. The term “Federal agency” means any agency or instrumentality of the United States. The term “State agency” means a State, political subdivision thereof, or any agency or instrumentality of either. The term “State utility regulatory commission” means (A) any utility regulatory commission which is a State agency or (B) the Tennessee Valley Authority. The term “State” means any State, the District of Columbia, Puerto Rico, and any territory or possession of the United States. The term “utility regulatory commission” means any State agency or Federal agency which has authority to fix, modify, approve, or disapprove rates for the sale of electric energy by any electric utility (other than by such agency). ( Pub. L. 94–385, title II, § 202 , Aug. 14, 1976 , 90 Stat. 1142 ; Pub. L. 95–617, title I, § 143 , Nov. 9, 1978 , 92 Stat. 3134 ; Pub. L. 105–388, § 5(b)(2) , Nov. 13, 1998 , 112 Stat. 3479 .)

§ 6803 Development of electric utility rate design proposals by Secretary; contents; submission to Congress; supporting analysis

(a) The Secretary shall develop proposals to improve electric utility rate design. Such proposals shall be designed to encourage energy conservation, minimize the need for new electrical generating capacity, and minimize costs of electric energy to consumers, and shall include (but not be limited to) proposals which provide for the development and implementation of— load management techniques which are cost effective; rates which reflect marginal cost of service, or time of use of service, or both; ratemaking policies which discourage inefficient use of fuel and encourage economical purchases of fuel; and rates (or other regulatory policies) which encourage electric utility system reliability and reliability of major items of electric utility equipment.

(b) The proposals prepared under subsection (a) shall be transmitted to each House of Congress not later than 6 months after August 14, 1976 , for review and for such further action as the Congress may direct by law. Such proposals shall be accompanied by an analysis of— the projected savings (if any) in consumption of petroleum products, natural gas, electric energy, and other energy resources, the reduction (if any) in the need for new electrical generating capacity, and of the demand for capital by the electric utility industry, and changes (if any) in the cost of electric energy to consumers, which are likely to result from the implementation nationally of each of the proposals transmitted under this subsection.

§ 6804 Funding, administrative, and judicial authorities of Secretary

The Secretary may— fund (A) demonstration projects to improve electric utility load management procedures and (B) regulatory rate reform initiatives, on request of a State, a utility regulatory commission, or of any participant in any proceeding before a State utility regulatory commission which relates to electric utility rates or rate design, intervene and participate in such proceeding, and on request of any State, utility regulatory commission, or party to any action to obtain judicial review of an administrative proceeding in which the Secretary intervened or participated under paragraph (2), intervene and participate in such action. ( Pub. L. 94–385, title II, § 204 , Aug. 14, 1976 , 90 Stat. 1143 ; Pub. L. 95–617, title I, § 143 , Nov. 9, 1978 , 92 Stat. 3134 .)

§ 6805 Grants for State consumer protection offices by Secretary

(a) Establishment, operation, and purpose; qualifications for funds The Secretary may make grants to States, or otherwise as provided in subsection (c), under this section to provide for the establishment and operation of offices of consumer services to assist consumers in their presentations before utility regulatory commissions. Any assistance provided under this section shall be provided only for an office of consumer services which is operated independently of any such utility regulatory commission and which is empowered to— make general factual assessments of the impact of proposed rate changes and other proposed regulatory actions upon all affected consumers; assist consumers in the presentation of their positions before utility regulatory commissions; and advocate, on its own behalf, a position which it determines represents the position most advantageous to consumers, taking into account developments in rate design reform.

(b) Grants subject to State assurances on funds Grants pursuant to subsection (a) of this section shall be made only to States which furnish such assurances as the Secretary may require that funds made available under such section will be in addition to, and not in substitution for, funds made available to offices of consumer services from other sources.

(c) Offices established by Tennessee Valley Authority Assistance may be provided under this section to an office of consumer services established by the Tennessee Valley Authority, if such office is operated independently of the Tennessee Valley Authority.

§ 6806 Statement in annual report

The Secretary shall include in each annual report submitted under section 7267 of this title a statement with respect to activities conducted under this subchapter and recommendations as to the need for and types of further Federal legislation. ( Pub. L. 94–385, title II, § 206 , Aug. 14, 1976 , 90 Stat. 1144 ; Pub. L. 95–617, title I, § 143 , Nov. 9, 1978 , 92 Stat. 3134 ; Pub. L. 96–470, title II, § 203(g) , Oct. 19, 1980 , 94 Stat. 2243 .)

§ 6807 State utility regulatory assistance

(a) Grants to State utility regulatory commissions and nonregulated electric utilities The Secretary may make grants to State utility regulatory commissions and nonregulated electric utilities (as defined in the Public Utility Regulatory Policies Act of 1978 [ 16 U.S.C. 2602 ]) to carry out duties and responsibilities under titles I [ 16 U.S.C. 2601 et seq.] and III [ 15 U.S.C. 3201 et seq.], and section 210 [ 16 U.S.C. 824a–3 ], of the Public Utility Regulatory Policies Act of 1978. No grant may be made under this section to any Federal agency.

(b) Unnecessary requirements prohibited Any requirements established by the Secretary with respect to grants under this section may be only such requirements as are necessary to assure that such grants are expended solely to carry out duties and responsibilities referred to in subsection (a) or such as are otherwise required by law.

(c) Application for grant No grant may be made under this section unless an application for such grant is submitted to the Secretary in such form and manner as the Secretary may require. The Secretary may not approve an application of a State utility regulatory commission or nonregulated electric utility unless such commission or nonregulated electric utility assures the Secretary that funds made available under this section will be in addition to, and not in substitution for, funds made available to such commission or nonregulated electric utility from other governmental sources.

(d) Apportionment of funds The funds appropriated for purposes of this section shall be apportioned among the States in such manner that grants made under this section in each State shall not exceed the lesser of— the amount determined by dividing equally among all States the total amount available under this section for such grants, or the amount which the Secretary is authorized to provide pursuant to subsections (b) and (c) of this section for such State.

§ 6807a Energy efficiency grants to State regulatory authorities

(a) Energy efficiency grants The Secretary is authorized in accordance with the provisions of this section to provide grants to State regulatory authorities in an amount not to exceed $250,000 per authority, for purposes of encouraging demand-side management including energy conservation, energy efficiency and load management techniques and for meeting the requirements of paragraphs (7), (8), and (9) of section 2621(d) of title 16 and as a means of meeting gas supply needs and to meet the requirements of paragraphs (3) and (4) of section 3203(b) of title 15 . Such grants may be utilized by a State regulatory authority to provide financial assistance to nonprofit subgrantees of the Department of Energy’s Weatherization Assistance Program in order to facilitate participation by such subgrantees in proceedings of such regulatory authority to examine energy conservation, energy efficiency, or other demand-side management programs.

(b) Plan A State regulatory authority wishing to receive a grant under this section shall submit a plan to the Secretary that specifies the actions such authority proposes to take that would achieve the purposes of this section.

(c) Secretarial action In determining whether, and in what amount, to provide a grant to a State regulatory authority under this section the Secretary shall consider, in addition to other appropriate factors, the actions proposed by the State regulatory authority to achieve the purposes of this section and to consider implementation of the ratemaking standards established in— paragraphs (7), (8) and (9) of section 2621(d) of title 16 ; or paragraphs (3) and (4) of section 3203(b) of title 15 . Such actions— shall include procedures to facilitate the participation of grantees and nonprofit subgrantees of the Department of Energy’s Weatherization Assistance Program in proceedings of such regulatory authorities examining demand-side management programs; and shall provide for coverage of the cost of such grantee and subgrantees’ participation in such proceedings.

(d) Recordkeeping Each State regulatory authority that receives a grant under this section shall keep such records as the Secretary shall require.

(e) “State regulatory authority” defined For purposes of this section, the term “State regulatory authority” shall have the same meaning as provided by section 2602 of title 16 in the case of electric utilities, and such term shall have the same meaning as provided by section 3202 of title 15 in the case of gas utilities, except that in the case of any State without a statewide ratemaking authority, such term shall mean the State energy office.

(f) Authorization There are authorized to be appropriated $5,000,000 for each of the fiscal years 1994, 1995 and 1996 to carry out the purposes of this section.

§ 6808 Authorization of appropriations

There are authorized to be appropriated— not to exceed $40,000,000foreachofthefiscalyears1979and1980tocarryoutsection6807ofthistitle(relatingtoStateutilityregulatoryassistance);nottoexceed$10,000,000 for each of the fiscal years 1979 and 1980 to carry out section 6805 of this title (relating to State offices of consumer services); and not to exceed $8,000,000forthefiscalyear1979,and$10,000,000 for the fiscal year 1980 to carry out section 6804(1)(B) of this title (relating to innovative rate structures). ( Pub. L. 94–385, title II, § 208 , as added Pub. L. 95–617, title II, § 142 , Nov. 9, 1978 , 92 Stat. 3134 .)

§ 6831 Congressional findings and purpose

(a) The Congress finds that— large amounts of fuel and energy are consumed unnecessarily each year in heating, cooling, ventilating, and providing domestic hot water for newly constructed residential and commercial buildings because such buildings lack adequate energy conservation features; Federal voluntary performance standards for newly constructed buildings can prevent such waste of energy, which the Nation can no longer afford in view of its current and anticipated energy shortage; the failure to provide adequate energy conservation measures in newly constructed buildings increases long-term operating costs that may affect adversely the repayment of, and security for, loans made, insured, or guaranteed by Federal agencies or made by federally insured or regulated instrumentalities; and State and local building codes or similar controls can provide an existing means by which to assure, in coordination with other building requirements and with a minimum of Federal interference in State and local transactions, that newly constructed buildings contain adequate energy conservation features.

(b) The purposes of this subchapter, therefore, are to— redirect Federal policies and practices to assure that reasonable energy conservation features will be incorporated into new commercial and residential buildings receiving Federal financial assistance; provide for the development and implementation, as soon as practicable, of voluntary performance standards for new residential and commercial buildings which are designed to achieve the maximum practicable improvements in energy efficiency and increases in the use of nondepletable sources of energy; and encourage States and local governments to adopt and enforce such standards through their existing building codes and other construction control mechanisms, or to apply them through a special approval process.

§ 6832 Definitions

Except as otherwise provided, in this subchapter: Omitted The term “building” means any structure to be constructed which includes provision for a heating or cooling system, or both, or for a hot water system. The term “building code” means a legal instrument which is in effect in a State or unit of general purpose local government, the provisions of which must be adhered to if a building is to be considered to be in conformance with law and suitable for occupancy and use. The term “commercial building” means any building other than a residential building, including any building developed for industrial or public purposes. The term “Federal agency” means any department, agency, corporation, or other entity or instrumentality of the executive branch of the Federal Government, including the United States Postal Service, the Federal National Mortgage Association, and the Federal Home Loan Mortgage Corporation. The term “Federal building” means any building to be constructed by, or for the use of, any Federal agency. Such term shall include buildings built for the purpose of being leased by a Federal agency, and privatized military housing. The term “Federal financial assistance” means (A) any form of loan, grant, guarantee, insurance, payment, rebate, subsidy, or any other form of direct or indirect Federal assistance (other than general or special revenue sharing or formula grants made to States) approved by any Federal officer or agency; or (B) any loan made or purchased by any bank, savings and loan association, or similar institution subject to regulation by the Board of Governors of the Federal Reserve System, the Federal Deposit Insurance Corporation, the Comptroller of the Currency, the Federal Home Loan Bank Board, the Federal Savings and Loan Insurance Corporation, or the National Credit Union Administration. The term “National Institute of Building Sciences” means the institute established by section 1701j–2 of title 12 . The term “residential building” means any structure which is constructed and developed for residential occupancy. The term “Secretary” means the Secretary of Energy. The term “State” includes each of the several States, the District of Columbia, the Commonwealth of Puerto Rico, and any territory and possession of the United States. The term “unit of general purpose local government” means any city, county, town, municipality, or other political subdivision of a State (or any combination thereof), which has a building code or similar authority over a particular geographic area. The term “Federal building energy standards” means energy consumption objectives to be met without specification of the methods, materials, or equipment to be employed in achieving those objectives, but including statements of the requirements, criteria, and evaluation methods to be used, and any necessary commentary. The term “voluntary building energy code” means a building energy code developed and updated through a consensus process among interested persons, such as that used by the Council of American Building Officials; the American Society of Heating, Refrigerating, and Air-Conditioning Engineers; or other appropriate organizations. The term “CABO” means the Council of American Building Officials. The term “ASHRAE” means the American Society of Heating, Refrigerating, and Air-Conditioning Engineers. ( Pub. L. 94–385, title III, § 303 , Aug. 14, 1976 , 90 Stat. 1145 ; Pub. L. 95–91, title III, § 301(a) , title VII, §§ 703, 707, Aug. 4, 1977 , 91 Stat. 577 , 606, 607; Pub. L. 97–35, title X, § 1041(a) , Aug. 13, 1981 , 95 Stat. 621 ; Pub. L. 100–242, title V, § 570(c) , Feb. 5, 1988 , 101 Stat. 1950 ; Pub. L. 102–486, title I, § 101(a)(1) , Oct. 24, 1992 , 106 Stat. 2782 ; Pub. L. 110–140, title IV, § 433(b) , Dec. 19, 2007 , 121 Stat. 1614 ; Pub. L. 117–58, div. D, title V, § 40511(b) , Nov. 15, 2021 , 135 Stat. 1059 .)

§ 6833 Updating State building energy efficiency codes

(a) Consideration and determination respecting residential building energy codes Not later than 2 years after October 24, 1992 , each State shall certify to the Secretary that it has reviewed the provisions of its residential building code regarding energy efficiency and made a determination as to whether it is appropriate for such State to revise such residential building code provisions to meet or exceed CABO Model Energy Code, 1992. The determination referred to in paragraph (1) shall be— made after public notice and hearing; in writing; based upon findings included in such determination and upon the evidence presented at the hearing; and available to the public. Each State may, to the extent consistent with otherwise applicable State law, revise the provisions of its residential building code regarding energy efficiency to meet or exceed CABO Model Energy Code, 1992, or may decline to make such revisions. If a State makes a determination under paragraph (1) that it is not appropriate for such State to revise its residential building code, such State shall submit to the Secretary, in writing, the reasons for such determination, and such statement shall be available to the public. Whenever CABO Model Energy Code, 1992, 1 (or any successor of such code) is revised, the Secretary shall, not later than 12 months after such revision, determine whether such revision would improve energy efficiency in residential buildings. The Secretary shall publish notice of such determination in the Federal Register. If the Secretary makes an affirmative determination under subparagraph (A), each State shall, not later than 2 years after the date of the publication of such determination, certify that it has reviewed the provisions of its residential building code regarding energy efficiency and made a determination as to whether it is appropriate for such State to revise such residential building code provisions to meet or exceed the revised code for which the Secretary made such determination. Paragraphs (2), (3), and (4) shall apply to any determination made under subparagraph (B).

(b) Certification of commercial building energy code updates Not later than 2 years after October 24, 1992 , each State shall certify to the Secretary that it has reviewed and updated the provisions of its commercial building code regarding energy efficiency. Such certification shall include a demonstration that such State’s code provisions meet or exceed the requirements of ASHRAE Standard 90.1–1989. Whenever the provisions of ASHRAE Standard 90.1–1989 (or any successor standard) regarding energy efficiency in commercial buildings are revised, the Secretary shall, not later than 12 months after the date of such revision, determine whether such revision will improve energy efficiency in commercial buildings. The Secretary shall publish a notice of such determination in the Federal Register. If the Secretary makes an affirmative determination under subparagraph (A), each State shall, not later than 2 years after the date of the publication of such determination, certify that it has reviewed and updated the provisions of its commercial building code regarding energy efficiency in accordance with the revised standard for which such determination was made. Such certification shall include a demonstration that the provisions of such State’s commercial building code regarding energy efficiency meet or exceed such revised standard. If the Secretary makes a determination under subparagraph (A) that such revised standard will not improve energy efficiency in commercial buildings, State commercial building code provisions regarding energy efficiency shall meet or exceed ASHRAE Standard 90.1–1989, or if such standard has been revised, the last revised standard for which the Secretary has made an affirmative determination under subparagraph (A).

(c) Extensions The Secretary shall permit extensions of the deadlines for the certification requirements under subsections (a) and (b) if a State can demonstrate that it has made a good faith effort to comply with such requirements and that it has made significant progress in doing so.

(d) Technical assistance The Secretary shall provide technical assistance to States to implement the requirements of this section, and to improve and implement State residential and commercial building energy efficiency codes or to otherwise promote the design and construction of energy efficient buildings.

(e) Availability of incentive funding The Secretary shall provide incentive funding to States to implement the requirements of this section, and to improve and implement State residential and commercial building energy efficiency codes, including increasing and verifying compliance with such codes. In determining whether, and in what amount, to provide incentive funding under this subsection, the Secretary shall consider the actions proposed by the State to implement the requirements of this section, to improve and implement residential and commercial building energy efficiency codes, and to promote building energy efficiency through the use of such codes. Additional funding shall be provided under this subsection for implementation of a plan to achieve and document at least a 90 percent rate of compliance with residential and commercial building energy efficiency codes, based on energy performance— to a State that has adopted and is implementing, on a statewide basis— a residential building energy efficiency code that meets or exceeds the requirements of the 2004 International Energy Conservation Code, or any succeeding version of that code that has received an affirmative determination from the Secretary under subsection (a)(5)(A); and a commercial building energy efficiency code that meets or exceeds the requirements of the ASHRAE Standard 90.1–2004, or any succeeding version of that standard that has received an affirmative determination from the Secretary under subsection (b)(2)(A); or in a State in which there is no statewide energy code either for residential buildings or for commercial buildings, to a local government that has adopted and is implementing residential and commercial building energy efficiency codes, as described in subparagraph (A). Of the amounts made available under this subsection, the Secretary may use $500,000foreachfiscalyeartotrainStateandlocalofficialstoimplementcodesdescribedinparagraph(2).Thereareauthorizedtobeappropriatedtocarryoutthissubsection—$25,000,000 for each of fiscal years 2006 through 2010; and such sums as are necessary for fiscal year 2011 and each fiscal year thereafter. Funding provided to States under paragraph (2) for each fiscal year shall not exceed one-half of the excess of funding under this subsection over $5,000,000 for the fiscal year.

§ 6834 Federal building energy efficiency standards

(a) In general Not later than 2 years after October 24, 1992 , the Secretary, after consulting with appropriate Federal agencies, CABO, ASHRAE, the National Association of Home Builders, the Illuminating Engineering Society, the American Institute of Architects, the National Conference of the States on Building Codes and Standards, and other appropriate persons, shall establish, by rule, Federal building energy standards that require in new Federal buildings those energy efficiency measures that are technologically feasible and economically justified. Such standards shall become effective no later than 1 year after such rule is issued. The standards established under paragraph (1) shall— contain energy saving and renewable energy specifications that meet or exceed the energy saving and renewable energy specifications of the 2004 International Energy Conservation Code (in the case of residential buildings) or ASHRAE Standard 90.1–2004 (in the case of commercial buildings); to the extent practicable, use the same format as the appropriate voluntary building energy code; and consider, in consultation with the Environmental Protection Agency and other Federal agencies, and where appropriate contain, measures with regard to radon and other indoor air pollutants. Not later than 1 year after August 8, 2005 , the Secretary shall establish, by rule, revised Federal building energy efficiency performance standards that require that— if life-cycle cost-effective for new Federal buildings— the buildings be designed to achieve energy consumption levels that are at least 30 percent below the levels established in the version of the ASHRAE Standard or the International Energy Conservation Code, as appropriate, that is in effect as of August 8, 2005 ; and sustainable design principles are applied to the siting, design, and construction of all new and replacement buildings; if water is used to achieve energy efficiency, water conservation technologies shall be applied to the extent that the technologies are life-cycle cost-effective; and if lifecycle cost-effective, as compared to other reasonably available technologies, not less than 30 percent of the hot water demand for each new Federal building or Federal building undergoing a major renovation be met through the installation and use of solar hot water heaters. Not later than 1 year after the date of approval of each subsequent revision of the ASHRAE Standard or the International Energy Conservation Code, as appropriate, the Secretary shall determine, based on the cost-effectiveness of the requirements under the amendment, whether the revised standards established under this paragraph should be updated to reflect the amendment. In the budget request of the Federal agency for each fiscal year and each report submitted by the Federal agency under section 8258(a) of this title , the head of each Federal agency shall include— a list of all new Federal buildings owned, operated, or controlled by the Federal agency; and a statement specifying whether the Federal buildings meet or exceed the revised standards established under this paragraph. Not later than 1 year after December 19, 2007 , the Secretary shall establish, by rule, revised Federal building energy efficiency performance standards that require that: For new Federal buildings and Federal buildings undergoing major renovations, with respect to which the Administrator of General Services is required to transmit a prospectus to Congress under section 3307 of title 40 , in the case of public buildings (as defined in section 3301 of title 40 ), or of at least $2,500,000 in costs adjusted annually for inflation for other buildings: The buildings shall be designed so that the fossil fuel-generated energy consumption of the buildings is reduced, as compared with such energy consumption by a similar building in fiscal year 2003 (as measured by Commercial Buildings Energy Consumption Survey or Residential Energy Consumption Survey data from the Energy Information Agency), by the percentage specified in the following table: Fiscal Year Percentage Reduction 2010 55 2015 65 2020 80 2025 90 2030 100. Upon petition by an agency subject to this subparagraph, the Secretary may adjust the applicable numeric requirement under subclause (I) downward with respect to a specific building, if the head of the agency designing the building certifies in writing that meeting such requirement would be technically impracticable in light of the agency’s specified functional needs for that building and the Secretary concurs with the agency’s conclusion. This subclause shall not apply to the General Services Administration. Sustainable design principles shall be applied to the siting, design, and construction of such buildings. Not later than 90 days after December 19, 2007 , the Secretary, after reviewing the findings of the Federal Director under section 17092(h) of this title , in consultation with the Administrator of General Services, and in consultation with the Secretary of Defense for considerations relating to those facilities under the custody and control of the Department of Defense, shall identify a certification system and level for green buildings that the Secretary determines to be the most likely to encourage a comprehensive and environmentally-sound approach to certification of green buildings. The identification of the certification system and level shall be based on a review of the Federal Director’s findings under section 17092(h) of this title and the criteria specified in clause (iii), shall identify the highest level the Secretary determines is appropriate above the minimum level required for certification under the system selected, and shall achieve results at least comparable to the system used by and highest level referenced by the General Services Administration as of December 19, 2007 . Within 90 days of the completion of each study required by clause (iv), the Secretary, in consultation with the Administrator of General Services, and in consultation with the Secretary of Defense for considerations relating to those facilities under the custody and control of the Department of Defense, shall review and update the certification system and level, taking into account the conclusions of such study. In establishing criteria for identifying major renovations that are subject to the requirements of this subparagraph, the Secretary shall take into account the scope, degree, and types of renovations that are likely to provide significant opportunities for substantial improvements in energy efficiency. In identifying the green building certification system and level, the Secretary shall take into consideration— the ability and availability of assessors and auditors to independently verify the criteria and measurement of metrics at the scale necessary to implement this subparagraph; the ability of the applicable certification organization to collect and reflect public comment; the ability of the standard to be developed and revised through a consensus-based process; an evaluation of the robustness of the criteria for a high-performance green building, which shall give credit for promoting— efficient and sustainable use of water, energy, and other natural resources; use of renewable energy sources; improved indoor environmental quality through enhanced indoor air quality, thermal comfort, acoustics, day lighting, pollutant source control, and use of low-emission materials and building system controls; and such other criteria as the Secretary determines to be appropriate; and national recognition within the building industry. At least once every 5 years, and in accordance with section 17092 of this title , the Administrator of General Services shall conduct a study to evaluate and compare available third-party green building certification systems and levels, taking into account the criteria listed in clause (iii). The Secretary may by rule allow Federal agencies to develop internal certification processes, using certified professionals, in lieu of certification by the certification entity identified under clause (i)(III). The Secretary shall include in any such rule guidelines to ensure that the certification process results in buildings meeting the applicable certification system and level identified under clause (i)(III). An agency employing an internal certification process must continue to obtain external certification by the certification entity identified under clause (i)(III) for at least 5 percent of the total number of buildings certified annually by the agency. With respect to privatized military housing, the Secretary of Defense, after consultation with the Secretary may, through rulemaking, develop alternative criteria to those established by subclauses (I) and (III) of clause (i) that achieve an equivalent result in terms of energy savings, sustainable design, and green building performance. In addition to any use of water conservation technologies otherwise required by this section, water conservation technologies shall be applied to the extent that the technologies are life-cycle cost-effective.

(b) Omitted

(c) Periodic review The Secretary shall periodically, but not less than once every 5 years, review the Federal building energy standards established under this section and shall, if significant energy savings would result, upgrade such standards to include all new energy efficiency and renewable energy measures that are technologically feasible and economically justified.

(d) Interim standards Interim energy performance standards for new Federal buildings issued by the Secretary under this subchapter as it existed before October 24, 1992 , shall remain in effect until the standards established under subsection (a) become effective.

§ 6835 Federal compliance

(a) Procedures The head of each Federal agency shall adopt procedures necessary to assure that new Federal buildings meet or exceed the Federal building energy standards established under section 6834 of this title . The Federal building energy standards established under section 6834 of this title shall apply to new buildings under the jurisdiction of the Architect of the Capitol. The Architect shall adopt procedures necessary to assure that such buildings meet or exceed such standards.

(b) Construction of new buildings The head of a Federal agency may expend Federal funds for the construction of a new Federal building only if the building meets or exceeds the appropriate Federal building energy standards established under section 6834 of this title .

§ 6836 Support for voluntary building energy codes

(a) In general Not later than 1 year after October 24, 1992 , the Secretary, after consulting with the Secretary of Housing and Urban Development, the Secretary of Veterans Affairs, other appropriate Federal agencies, CABO, ASHRAE, the National Conference of States on Building Codes and Standards, and any other appropriate building codes and standards organization, shall support the upgrading of voluntary building energy codes for new residential and commercial buildings. Such support shall include— a compilation of data and other information regarding building energy efficiency standards and codes in the possession of the Federal Government, State and local governments, and industry organizations; assistance in improving the technical basis for such standards and codes; assistance in determining the cost-effectiveness and the technical feasibility of the energy efficiency measures included in such standards and codes; and assistance in identifying appropriate measures with regard to radon and other indoor air pollutants.

(b) Review The Secretary shall periodically review the technical and economic basis of voluntary building energy codes and, based upon ongoing research activities— recommend amendments to such codes including measures with regard to radon and other indoor air pollutants; seek adoption of all technologically feasible and economically justified energy efficiency measures; and otherwise participate in any industry process for review and modification of such codes.

§ 6837 Omitted

§ 6838 Cost-effective codes implementation for efficiency and resilience

(a) Definitions In this section: The term “eligible entity” means— a relevant State agency, as determined by the Secretary, such as a State building code agency, State energy office, or Tribal energy office; and a partnership. The term “partnership” means a partnership between an eligible entity described in paragraph (1)(A) and 1 or more of the following entities: Local building code agencies. Codes and standards developers. Associations of builders and design and construction professionals. Local and utility energy efficiency programs. Consumer, energy efficiency, and environmental advocates. Other entities, as determined by the Secretary. The term “Secretary” means the Secretary of Energy.

(b) Establishment The Secretary shall establish within the Building Technologies Office of the Department of Energy a program under which the Secretary shall award grants on a competitive basis to eligible entities to enable sustained cost-effective implementation of updated building energy codes. An update to a building energy code under this section, including an amendment that results in increased efficiency compared to the previously adopted building energy code, shall include any update made available after the existing building energy code, even if it is not the most recent updated code available.

(c) Criteria; priority In awarding grants under subsection (b), the Secretary shall— consider— prospective energy savings and plans to measure the savings, including utilizing the Environmental Protection Agency Portfolio Manager, the Home Energy Score rating of the Office of Energy Efficiency and Renewable Energy of the Department of Energy, the Energy Star Building rating methodologies of the Environmental Protection Agency, and other methodologies determined appropriate by the Secretary; the long-term sustainability of those measures and savings; prospective benefits, and plans to assess the benefits, including benefits relating to— resilience and peak load reduction; occupant safety and health; and environmental performance; the demonstrated capacity of the eligible entity to carry out the proposed project; and the need of the eligible entity for assistance; and give priority to applications from partnerships.

(d) Eligible activities An eligible entity awarded a grant under this section may use the grant funds— to create or enable State or regional partnerships to provide training and materials to— builders, contractors and subcontractors, architects, and other design and construction professionals, relating to meeting updated building energy codes in a cost-effective manner; and building code officials, relating to improving implementation of and compliance with building energy codes; to collect and disseminate quantitative data on construction and codes implementation, including code pathways, performance metrics, and technologies used; to develop and implement a plan for highly effective codes implementation, including measuring compliance; to address various implementation needs in rural, suburban, and urban areas; and to implement updates in energy codes for— new residential and commercial buildings (including multifamily buildings); and additions and alterations to existing residential and commercial buildings (including multifamily buildings). Training and materials provided using a grant under this section may include information on the relationship between energy codes and— cost-effective, high-performance, and zero-net-energy buildings; improving resilience, health, and safety; water savings and other environmental impacts; and the economic impacts of energy codes.

(e) Authorization of appropriations There is authorized to be appropriated to the Secretary to carry out this section $225,000,000 for the period of fiscal years 2022 through 2026.

§§ 6839, 6840 Repealed. Pub. L. 102–486, title I, § 101(a)(2), Oct. 24, 1992, 106 Stat. 2783

§ 6851 Congressional findings and purpose

(a) The Congress finds that— the fastest, most cost-effective, and most environmentally sound way to prevent future energy shortages in the United States, while reducing the Nation’s dependence on imported energy supplies, is to encourage and facilitate, through major programs, the implementation of energy conservation and renewable-resource energy measures with respect to dwelling units, nonresidential buildings, and industrial plants; current efforts to encourage and facilitate such measures are inadequate as a consequence of— a lack of adequate and available financing for such measures, particularly with respect to individual consumers and owners of small businesses; a shortage of reliable and impartial information and advisory services pertaining to practicable energy conservation measures and renewable-resource energy measures and the cost savings that are likely if they are implemented in such units, buildings, and plants; and the absence of organized programs which, if they existed, would enable consumers, especially individuals and owners of small businesses, to undertake such measures easily and with confidence in their economic value; major programs of financial incentives and assistance for energy conservation measures and renewable-resource energy measures in dwelling units, nonresidential buildings, and industrial plants would— significantly reduce the Nation’s demand for energy and the need for petroleum imports; cushion the adverse impact of the high price of energy supplies on consumers, particularly elderly and handicapped low-income persons who cannot afford to make the modifications necessary to reduce their residential energy use; and increase, directly and indirectly, job opportunities and national economic output; the primary responsibility for the implementation of such major programs should be lodged with the governments of the States; the diversity of conditions among the various States and regions of the Nation is sufficiently great that a wholly federally administered program would not be as effective as one which is tailored to meet local requirements and to respond to local opportunities; the State should be allowed flexibility within which to fashion such programs, subject to general Federal guidelines and monitoring sufficient to protect the financial investments of consumers and the financial interest of the United States and to insure that the measures undertaken in fact result in significant energy and cost savings which would probably not otherwise occur; to the extent that direct Federal administration is more economical and efficient, direct Federal financial incentives and assistance should be extended through existing and proven Federal programs rather than through new programs that would necessitate new and separate administrative bureaucracies; and such programs should be designed and administered to supplement, and not to supplant or in any other way conflict with, State energy conservation programs under part C of title III of the Energy Policy and Conservation Act [ 42 U.S.C. 6321 et seq.]; the emergency energy conservation program carried out by community action agencies pursuant to section 2809(a)(12) 1 of this title; and other forms of assistance and encouragement for energy conservation.

(b) It is, therefore, the purpose of this subchapter to encourage and facilitate the implementation of energy conservation measures and renewable-resource energy measures in dwelling units, nonresidential buildings, and industrial plants, through— supplemental State energy conservation plans; and Federal financial incentives and assistance.

§ 6861 Congressional findings and purpose

(a) The Congress finds that— a fast, cost-effective, and environmentally sound way to prevent future energy shortages in the United States while reducing the Nation’s dependence on imported energy supplies, is to encourage and facilitate, through major programs, the implementation of energy conservation and renewable-resource energy measures with respect to dwelling units; existing efforts to encourage and facilitate such measures are inadequate because— many dwellings owned or occupied by low-income persons are energy inefficient; low-income persons can least afford to make the modifications necessary to provide for efficient energy equipment in such dwellings and otherwise to improve the energy efficiency of such dwellings; weatherization of such dwellings would lower shelter costs in dwellings owned or occupied by low-income persons as well as save energy and reduce future energy capacity requirements; and States, through Community Action Agencies established under the Economic Opportunity Act of 1964 [ 42 U.S.C. 2701 et seq.] and units of general purpose local government, should be encouraged, with Federal financial and technical assistance, to develop and support coordinated weatherization programs designed to alleviate the adverse effects of energy costs on such low-income persons, to supplement other Federal programs serving such low-income persons, and to increase energy efficiency.

(b) It is, therefore, the purpose of this part to develop and implement a weatherization assistance program to increase the energy efficiency of dwellings owned or occupied by low-income persons, reduce their total residential energy expenditures, and improve their health and safety, especially low-income persons who are particularly vulnerable such as the elderly, the handicapped, and children.

§ 6862 Definitions

As used in this part: The term “Secretary” means the Secretary of Energy. The term “Director” means the Director of the Community Services Administration. The term “elderly” means any individual who is 60 years of age or older. The term “Governor” means the chief executive officer of a State (including the Mayor of the District of Columbia). 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 223(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. The terms “Indian”, “Indian tribe”, and “tribal organization” have the meanings prescribed for such terms by section 3002 of this title . The term “low-income” means that income in relation to family size which (A) is at or below 200 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 200 percent of the poverty level determined in accordance with criteria established by the Director of the Office of Management and Budget. The term “State” means— a State; the District of Columbia; the Commonwealth of Puerto Rico; and any other territory or possession of the United States. The term “weatherization materials” means— caulking and weatherstripping of doors and windows; furnace efficiency modifications, including, but not limited to— replacement burners, furnaces, or boilers or any combination thereof; devices for minimizing energy loss through heating system, chimney, or venting devices; and electrical or mechanical furnace ignition systems which replace standing gas pilot lights; clock thermostats; ceiling, attic, wall, floor, and duct insulation; water heater insulation; storm windows and doors, multiglazed windows and doors, heat-absorbing or heat-reflective window and door materials; cooling efficiency modifications, including, but not limited to, replacement air-conditioners, ventilation equipment, screening, window films, and shading devices; solar thermal water heaters; wood-heating appliances; and such other insulating or energy conserving devices or technologies, including renewable energy technologies and other advanced technologies, as the Secretary may determine, after consulting with the Secretary of Housing and Urban Development. ( Pub. L. 94–385, title IV, § 412 , Aug. 14, 1976 , 90 Stat. 1152 ; Pub. L. 95–602, title I, § 122(e) , Nov. 6, 1978 , 92 Stat. 2987 ; Pub. L. 95–619, title II, § 231(a)(1) , (b)(2), Nov. 9, 1978 , 92 Stat. 3224 , 3225; Pub. L. 96–294, title V, § 577(1) , (2), June 30, 1980 , 94 Stat. 760 ; Pub. L. 98–558, title IV , §§ 401, 402, Oct. 30, 1984 , 98 Stat. 2887 ; Pub. L. 100–242, title V, § 570(d) , Feb. 5, 1988 , 101 Stat. 1950 ; Pub. L. 101–440, § 7(a) , Oct. 18, 1990 , 104 Stat. 1012 ; Pub. L. 102–486, title I, § 142(b) , Oct. 24, 1992 , 106 Stat. 2843 ; Pub. L. 105–220, title IV, § 414(f) , Aug. 7, 1998 , 112 Stat. 1242 ; Pub. L. 109–58, title I, § 122(b) , Aug. 8, 2005 , 119 Stat. 616 ; Pub. L. 109–365, title IX, § 901(b) , Oct. 17, 2006 , 120 Stat. 2599 ; Pub. L. 110–140, title IV, § 411(c) , Dec. 19, 2007 , 121 Stat. 1601 ; Pub. L. 111–5, div. A, title IV, § 407(a) , Feb. 17, 2009 , 123 Stat. 145 ; Pub. L. 116–260, div. Z, title I, § 1011(b) , Dec. 27, 2020 , 134 Stat. 2442 .)

§ 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), 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 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. The regulations promulgated pursuant to this section shall include provisions— 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; 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 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. The Secretary, in coordination with the Secretaries and Director described in paragraph (2)(A) 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— the cost of the weatherization material; variation in climate; and 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, and by the Secretary of Agriculture in carrying out the weatherization program under section 1474(c) of this title . 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 . The Secretary may amend the regulations prescribed under paragraph (1) to provide that the standards described in paragraph (2)(A) take into consideration improvements in the health and safety of occupants of dwelling units, and other non-energy benefits, from weatherization. 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. 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— 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; 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; 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 no undue or excessive enhancement will occur to the value of such dwelling units. 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 Subject to subparagraph (B) and notwithstanding any other provision of this part, the Secretary shall reserve from amounts that would otherwise be allocated to a State under this part not less than 100 percent, but not more than 150 percent, of an amount which bears the same proportion to the allocation of that State for the applicable fiscal year as the population of all low-income members of an Indian tribe in that State bears to the population of all low-income individuals in that State. Subparagraph (A) shall apply only if— the tribal organization serving the low-income members of the applicable Indian tribe requests that the Secretary make a grant directly; and the Secretary determines that the low-income members of the applicable Indian tribe would be equally or better served by making a grant directly than a grant made to the State in which the low-income members reside. If the tribal organization requesting the grant is a tribally designated housing entity (as defined in section 4103 of title 25 ) that has operated without material audit exceptions (or without any material audit exceptions that were not corrected within a 3-year period), the Secretary shall presume that the low-income members of the applicable Indian tribe would be equally or better served by making a grant directly to the tribal organization than by a grant made to the State in which the low-income members reside. The amounts reserved by the Secretary under this subsection shall be granted to the tribal organization serving the low-income members of the Indian tribe, or, where there is no tribal organization, to such other entity as the Secretary determines has the capacity to provide services pursuant to this part. 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.

§ 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: The number of dwelling units to be weatherized. The climatic conditions in the State respecting energy conservation, which may include consideration of annual degree days. The type of weatherization work to be done in the various settings. 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— 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; 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; 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 title I of the Workforce Innovation and Opportunity Act [ 29 U.S.C. 3111 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 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).

§ 6864a Private sector investments

(a) In general The Secretary shall, to the extent funds are made available for such purpose, provide financial assistance to entities receiving funding from the Federal Government or from a State through a weatherization assistance program under section 6863 or section 6864 of this title for the development and initial implementation of partnerships, agreements, or other arrangements with utilities, private sector interests, or other institutions, under which non-Federal financial assistance would be made available to support programs which install energy efficiency improvements in low-income housing.

(b) Use of funds Financial assistance provided under this section may be used for— the negotiation of such partnerships, agreements and other arrangements; the presentation of arguments before State or local agencies; expert advice on the development of such partnerships, agreements, and other arrangements; or other activities reasonably associated with the development and initial implementation of such arrangements.

(c) Conditions Financial assistance provided under this section to entities other than States shall, to the extent practicable, coincide with the timing of financial assistance provided to such entities under section 6863 or section 6864 of this title . Not less than 80 percent of amounts provided under this section shall be provided to entities other than States. A recipient of financial assistance under this section shall have up to three years to complete projects undertaken with such assistance.

§ 6864b Technical transfer grants

(a) In general The Secretary may, to the extent funds are made available, provide financial assistance to entities receiving funding from the Federal Government or from a State through a weatherization assistance program under section 6863 or section 6864 of this title for— evaluating technical and management measures which increase program and/or private entity performance in weatherizing low-income housing; producing technical information for use by persons involved in weatherizing low-income housing; exchanging information; and conducting training programs for persons involved in weatherizing low-income housing.

(b) Conditions Not less than 50 percent of amounts provided under this section shall be awarded to entities other than States. A recipient of financial assistance under this section may contract with nonprofit entities to carry out all or part of the activities for which such financial assistance is provided.

§ 6864c Contractor optimization

(a) In general The Secretary may request that entities receiving funding from the Federal Government or from a State through a weatherization assistance program under section 6863 of this title or section 6864 of this title perform periodic reviews of the use of private contractors in the provision of weatherization assistance, and encourage expanded use of contractors as appropriate.

(b) Use of training funds Entities described in subsection (a) may use funding described in such subsection to train private, non-Federal entities that are contracted to provide weatherization assistance under a weatherization program, in accordance with rules determined by the Secretary.

§ 6864d Financial assistance for WAP enhancement and innovation

(a) Purposes The purposes of this section are— to expand the number of dwelling units that are occupied by low-income persons that receive weatherization assistance by making such dwelling units weatherization-ready; to promote the deployment of renewable energy in dwelling units that are occupied by low-income persons; to ensure healthy indoor environments by enhancing or expanding health and safety measures and resources available to dwellings that are occupied by low-income persons; to disseminate new methods and best practices among entities providing weatherization assistance; and to encourage entities providing weatherization assistance to hire and retain employees who are individuals— from the community in which the assistance is provided; and from communities or groups that are underrepresented in the home energy performance workforce, including religious and ethnic minorities, women, veterans, individuals with disabilities, and individuals who are socioeconomically disadvantaged.

(b) Financial assistance The Secretary shall, to the extent funds are made available, award financial assistance, on an annual basis, through a competitive process to entities receiving funding from the Federal Government or from a State, tribal organization, or unit of general purpose local government through a weatherization program under section 6863 of this title or section 6864 of this title , or to nonprofit entities, to be used by such an entity— with respect to dwelling units that are occupied by low-income persons, to— implement measures to make such dwelling units weatherization-ready by addressing structural, plumbing, roofing, and electrical issues, environmental hazards, or other measures that the Secretary determines to be appropriate; install energy efficiency technologies, including home energy management systems, smart devices, and other technologies the Secretary determines to be appropriate; install renewable energy systems (as defined in section 6865(c)(6)(A) of this title ); and implement measures to ensure healthy indoor environments by improving indoor air quality, accessibility, and other healthy homes measures as determined by the Secretary; to improve the capability of the entity— to significantly increase the number of energy retrofits performed by such entity; to replicate best practices for work performed pursuant to this section on a larger scale; to leverage additional funds to sustain the provision of weatherization assistance and other work performed pursuant to this section after financial assistance awarded under this section is expended; and to hire and retain employees who are individuals described 1 subsection (a)(5); for innovative outreach and education regarding the benefits and availability of weatherization assistance and other assistance available pursuant to this section; for quality control of work performed pursuant to this section; for data collection, measurement, and verification with respect to such work; for program monitoring, oversight, evaluation, and reporting regarding such work; for labor, training, and technical assistance relating to such work; for planning, management, and administration (up to a maximum of 15 percent of the assistance provided); and for such other activities as the Secretary determines to be appropriate.

(c) Award factors In awarding financial assistance under this section, the Secretary shall consider— the applicant’s record of constructing, renovating, repairing, or making energy efficient single-family, multifamily, or manufactured homes that are occupied by low-income persons, either directly or through affiliates, chapters, or other partners (using the most recent year for which data are available); the number of dwelling units occupied by low-income persons that the applicant has built, renovated, repaired, weatherized, or made more energy efficient in the 5 years preceding the date of the application; the qualifications, experience, and past performance of the applicant, including experience successfully managing and administering Federal funds; the strength of an applicant’s proposal to achieve one or more of the purposes under subsection (a); the extent to which such applicant will utilize partnerships and regional coordination to achieve one or more of the purposes under subsection (a); regional and climate zone diversity; urban, suburban, and rural localities; and such other factors as the Secretary determines to be appropriate.

(d) Applications To be eligible for an award of financial assistance under this section, an applicant shall submit to the Secretary an application in such manner and containing such information as the Secretary may require. Subject to the availability of appropriations, not later than 270 days after December 27, 2020 , the Secretary shall make a first award of financial assistance under this section.

(e) Maximum amount and term The total amount of financial assistance awarded to an entity under this section shall not exceed $2,000,000. The total amount of financial assistance awarded to an entity under this section shall be reduced by the cost of any technical and training assistance provided by the Secretary that relates to such financial assistance. The term of an award of financial assistance under this section shall not exceed 3 years. An entity may use financial assistance awarded to such entity under this section in conjunction with other financial assistance provided to such entity under this part.

(f) Requirements Not later than 90 days after December 27, 2020 , the Secretary shall issue requirements to implement this section, including, for entities receiving financial assistance under this section— standards for allowable expenditures; a minimum saving-to-investment ratio; and standards for— training programs; energy audits; the provision of technical assistance; monitoring activities carried out using such financial assistance; verification of energy and cost savings; liability insurance requirements; and recordkeeping and reporting requirements, which shall include reporting to the Office of Weatherization and Intergovernmental Programs of the Department of Energy applicable data on each dwelling unit retrofitted or otherwise assisted pursuant to this section.

(g) Compliance with State and local law Nothing in this section supersedes or otherwise affects any State or local law, to the extent that the State or local law contains a requirement that is more stringent than the applicable requirement of this section.

(h) Review and evaluation The Secretary shall review and evaluate the performance of each entity that receives an award of financial assistance under this section (which may include an audit).

(i) Annual report The Secretary shall submit to Congress an annual report that provides a description of— actions taken under this section to achieve the purposes of this section; and accomplishments as a result of such actions, including energy and cost savings achieved.

(j) Funding For each of fiscal years 2021 through 2025, of the amount made available under section 6872 of this title for such fiscal year to carry out the weatherization program under this part (not including any of such amount made available for Department of Energy headquarters training or technical assistance), not more than— 2 percent of such amount (if such amount is $225,000,000ormorebutlessthan$260,000,000) may be used to carry out this section; 4 percent of such amount (if such amount is $260,000,000ormorebutlessthan$300,000,000) may be used to carry out this section; and 6 percent of such amount (if such amount is $300,000,000ormore)maybeusedtocarryoutthissection.Foreachoffiscalyears2021through2025,iftheamountmadeavailableundersection6872ofthistitle(notincludinganyofsuchamountmadeavailableforDepartmentofEnergyheadquarterstrainingortechnicalassistance)forsuchfiscalyearislessthan$225,000,000, no funds shall be made available to carry out this section. For any fiscal year, the Secretary may not use more than $25,000,000 of the amount made available under section 6872 of this title to carry out this section.

(k) Termination The Secretary may not award financial assistance under this section after September 30, 2025 .

§ 6864e Hiring

The Secretary may, as the Secretary determines appropriate, encourage entities receiving funding from the Federal Government or from a State through a weatherization program under section 6863 of this title or section 6864 of this title , to prioritize the hiring and retention of employees who are individuals described in section 6864d(a)(5) of this title . ( Pub. L. 94–385, title IV, § 414E , as added Pub. L. 116–260, div. Z, title I, § 1011(f)(1) , Dec. 27, 2020 , 134 Stat. 2446 .)

§ 6865 Limitations on financial assistance

(a) Purchase of materials and administration of projects Not more than an amount equal to 15 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) 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. The Secretary shall establish 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) Allocation, termination or discontinuance by Secretary The Secretary shall insure that financial assistance provided under this part will— 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; 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— 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 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 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 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 $6,500perdwellingunitweatherizedinthatState.Labor,weatherizationmaterials,andrelatedmatterincludes,butisnotlimitedto—theappropriateportionofthecostoftoolsandequipmentusedtoinstallweatherizationmaterialsforadwellingunit;thecostoftransportinglabor,tools,andmaterialstoadwellingunit;thecostofhavingonsitesupervisorypersonnel;thecostofmakingincidentalrepairstoadwellingunitifsuchrepairsarenecessarytomaketheinstallationofweatherizationmaterialseffective,1andthecostofmakingheatingandcoolingmodifications,includingreplacement2Dwellingunitsweatherized(includingdwellingunitspartiallyweatherized)underthispart,orunderotherFederalprograms(inthisparagraphreferredtoas“previousweatherization”),maynotreceivefurtherfinancialassistanceforweatherizationunderthispartuntilthedatethatis15yearsafterthedatesuchpreviousweatherizationwascompleted.Thisparagraphdoesnotprecludedwellingunitsthathavereceivedpreviousweatherizationfromreceivingassistanceandservices(includingtheprovisionofinformationandeducationtoassistwithenergymanagementandevaluationoftheeffectivenessofinstalledweatherizationmaterials)otherthanweatherizationunderthispartorunderotherFederalprograms,orfromreceivingnon-Federalassistanceforweatherization.Beginningwithfiscalyear2000,thedwellingunitaveragesprovidedinparagraphs(1)and(4)shallbeadjustedannuallybyincreasingtheaverageamountbyanamountequalto—theaverageamountforthepreviousfiscalyear,multipliedbythelesserof(i)thepercentageincreaseintheConsumerPriceIndex(allitems,UnitedStatescityaverage)forthemostrecentcalendaryearcompletedbeforethebeginningofthefiscalyearforwhichthedeterminationisbeingmade,or(ii)threepercent.Theexpenditureoffinancialassistanceprovidedunderthispartforlabor,weatherizationmaterials,andrelatedmattersforarenewableenergysystemshallnotexceedanaverageof$3,000 per dwelling unit. The Secretary shall by regulations— establish the criteria which are to be used in prescribing performance and quality standards under paragraph (6)(A)(ii) or in specifying any form of renewable energy under paragraph (6)(A)(i)(I); and establish a procedure under which a manufacturer of an item may request the Secretary to certify that the item will be treated, for purposes of this paragraph, as a renewable energy system. The Secretary shall make a final determination with respect to any request filed under subparagraph (A)(ii) within 1 year after the filing of the request, together with any information required to be filed with such request under subparagraph (A)(ii). Each month the Secretary shall publish a report of any request under subparagraph (A)(ii) which has been denied during the preceding month and the reasons for the denial. The Secretary shall not specify any form of renewable energy under paragraph (6)(A)(i)(I) unless the Secretary determines that— there will be a reduction in oil or natural gas consumption as a result of such specification; such specification will not result in an increased use of any item which is known to be, or reasonably suspected to be, environmentally hazardous or a threat to public health or safety; and available Federal subsidies do not make such specification unnecessary or inappropriate (in the light of the most advantageous allocation of economic resources). In this subsection— the term “renewable energy system” means a system which— when installed in connection with a dwelling, transmits or uses— solar energy, energy derived from the geothermal deposits, energy derived from biomass, or any other form of renewable energy which the Secretary specifies by regulations, for the purpose of heating or cooling such dwelling or providing hot water or electricity for use within such dwelling; or wind energy for nonbusiness residential purposes; meets the performance and quality standards (if any) which have been prescribed by the Secretary by regulations; in the case of a combustion rated system, has a thermal efficiency rating of at least 75 percent; and in the case of a solar system, has a thermal efficiency rating of at least 15 percent; and the term “biomass” means any organic matter that is available on a renewable or recurring basis, including agricultural crops and trees, wood and wood wastes and residues, plants (including aquatic plants), grasses, residues, fibers, and animal wastes, municipal wastes, and other waste materials.

(d) Supplementary financial assistance to States Beginning with fiscal year 1992, the Secretary may allocate funds appropriated pursuant to section 6872(b) 3 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— consult with the State Energy Advisory Board established under section 6325(g) of this title ; and 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 Beginning with fiscal year 1992, the Secretary may allocate, from funds appropriated pursuant to section 6872(b) 3 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. None of the funds made available under this subsection may be used by any State for administrative purposes. The Secretary shall, after consulting with the State Energy Advisory Board referred to in subsection (d)(1), 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.

§ 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 .)

§ 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.

§ 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.

§ 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 .

§ 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) 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— refer the matter to the Attorney General with a recommendation that an appropriate civil action be instituted; 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 take such other action as may be authorized by law.

§ 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, the number of multifamily buildings in which individual dwelling units were weatherized during the previous year, the number of individual dwelling units in multifamily buildings weatherized during the previous year, 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 ; Pub. L. 116–260, div. Z, title I, § 1011(i) , Dec. 27, 2020 , 134 Stat. 2447 .)

§ 6872 Authorization of appropriations

For the purpose of carrying out the weatherization program under this part, there are authorized to be appropriated— $330,000,000forfiscalyear2021;and$350,000,000 for each of fiscal years 2022 through 2025. ( Pub. L. 94–385, title IV, § 422 , Aug. 14, 1976 , 90 Stat. 1158 ; Pub. L. 95–619, title II, § 231(d) , Nov. 9, 1978 , 92 Stat. 3226 ; Pub. L. 96–294, title V, § 576 , June 30, 1980 , 94 Stat. 760 ; Pub. L. 98–181, title I [title IV, § 464], Nov. 30, 1983 , 97 Stat. 1235 ; Pub. L. 101–440, § 8(c) , Oct. 18, 1990 , 104 Stat. 1016 ; Pub. L. 105–388, § 3 , Nov. 13, 1998 , 112 Stat. 3477 ; Pub. L. 109–58, title I, § 122(a) , Aug. 8, 2005 , 119 Stat. 616 ; Pub. L. 110–140, title IV, § 411(a) , Dec. 19, 2007 , 121 Stat. 1600 ; Pub. L. 116–260, div. Z, title I, § 1011(a) , Dec. 27, 2020 , 134 Stat. 2442 .)

§ 6873 Availability of labor

The following actions shall be taken in order to assure that there is a sufficient number of volunteers and training participants and public service employment workers, assisted pursuant to title I of the Workforce Innovation and Opportunity Act [ 29 U.S.C. 3111 et seq.] and the Community Service Senior Opportunities Act [ 42 U.S.C. 3056 et seq.], available to work in support of weatherization programs conducted under part A of the Energy Conservation in Existing Buildings Act of 1976 [ 42 U.S.C. 6861 et seq.], section 222(a)(12) 1 of the Economic Opportunity Act of 1964 [ 42 U.S.C. 2809(a)(12) ], and section 504 of the Housing Act of 1949 [ 42 U.S.C. 1474 ]: First, the Secretary of Energy (in consultation with the Director of the Community Services Administration, the Secretary of Agriculture, and the Secretary of Labor) shall determine the number of individuals needed to supply sufficient labor to carry out such weatherization programs in the various areas of the country. After the determination in paragraph (1) is made, the Secretary of Labor shall identify the areas of the country in which there is an insufficient number of such volunteers and training participants and public service employment workers. After such areas are identified, the Secretary of Labor shall take steps to assure that such weatherization programs are supported to the maximum extent practicable in such areas by such volunteers and training participants and public service employment workers. ( Pub. L. 95–619, title II, § 233 , Nov. 9, 1978 , 92 Stat. 3227 ; Pub. L. 105–277, div. A, § 101(f) [title VIII, § 405(d)(39), (f)(30)] , Oct. 21, 1998 , 112 Stat. 2681–337 , 2681–427, 2681–434; Pub. L. 113–128, title V, § 512(v) , July 22, 2014 , 128 Stat. 1713 .)

§ 6881 Energy resource and renewable-resource obligation guarantee program

(a) Authorization; requirements for guarantees and commitments to guarantee; procedures The Secretary may, in accordance with this section and such rules as he shall prescribe after consultation with the Secretary of the Treasury, guarantee and issue commitments to guarantee the payment of the outstanding principal amount of any loan, note, bond, or other obligation evidencing indebtedness, if— such obligation is entered into or issued by any person or by any State, political subdivision of a State, or agency and instrumentality of either a State or political subdivision thereof; and the purpose of entering into or issuing such obligation is the financing of any energy conservation measure or renewable-resource energy measure which is to be installed or otherwise implemented in any building or industrial plant owned or operated by the person or State, political subdivision of a State, or agency or instrumentality of either a State or political subdivision thereof, (i) which enters into or issues such obligation, or (ii) to which such measure is leased. No guarantee or commitment to guarantee may be issued under this subsection with respect to any obligation— which is a general obligation of a State; or which is entered into or issued for the purpose of financing any energy conservation measure or renewable-resource energy measure which is to be installed or otherwise implemented in a residential building containing 2 or fewer dwelling units. Before prescribing rules pursuant to this subsection, the Secretary shall consult with the Administrator of the Small Business Administration in order to formulate procedures which would assist small business concerns in obtaining guarantees and commitments to guarantee under this section.

(b) Preconditions for issuance of guarantees and commitments to guarantee No obligation may be guaranteed, and no commitment to guarantee an obligation may be issued, under subsection (a), unless the Secretary finds that the measure which is to be financed by such obligation— has been identified by an energy audit to be an energy conservation measure or a renewable-resource energy measure; or is included on a list of energy conservation measures and renewable-resource energy measures which the Secretary publishes under section 6325(e)(1) of this title . Before issuing a guarantee under subsection (a), the Secretary may require that an energy audit be conducted with respect to an energy conservation measure or a renewable-resource energy measure which is on a list described in paragraph (2) and which is to be financed by the obligation to be guaranteed under this section. The amount of any obligation which may be guaranteed under subsection (a) may include the cost of an energy audit.

(c) Limitations on availability of guarantees; term of guarantees; aggregate outstanding principal amount of obligations of one borrower The Secretary shall limit the availability of a guarantee otherwise authorized by subsection (a) to obligations entered into by or issued by borrowers who can demonstrate that financing is not otherwise available on reasonable terms and conditions to allow the measure to be financed. No obligation may be guaranteed by the Secretary under subsection (a) unless the Secretary finds— there is a reasonable prospect for the repayment of such obligation; and in the case of an obligation issued by a person, such obligation constitutes a general obligation of such person for such guarantee. The term of any guarantee issued under subsection (a) may not exceed 25 years. The aggregate outstanding principal amount which may be guaranteed under subsection (a) at any one time with respect to obligations entered into or issued by any borrower may not exceed $5,000,000.

(d) Limitations on original principal amount guaranteed; revocation of guarantees and commitments to guarantee; conclusiveness of guarantee The original principal amount guaranteed under subsection (a) may not exceed 90 percent of the cost of the energy conservation measure or the renewable-resource energy measure financed by the obligation guaranteed under such subsection; except that such amount may not exceed 25 percent of the fair market value of the building or industrial plant being modified by such energy conservation measure or renewable-resource energy measure. No guarantee issued, and no commitment to guarantee, which is issued under subsection (a) shall be terminated, canceled, or otherwise revoked except in accordance with reasonable terms and conditions prescribed by the Secretary, after consultation with the Secretary of the Treasury, and contained in the written guarantee or commitment to guarantee. The full faith and credit of the United States is pledged to the payment of all guarantees made under subsection (a). Any such guarantee made by the Secretary shall be conclusive evidence of the eligibility of the obligation involved for such guarantee, and the validity of any guarantee so made shall be incontestable in the hands of a holder of the guaranteed obligation except for fraud or material misrepresentation on the part of such holder.

(e) Information and assurances required prior to guarantees and commitments to guarantee; maintenance and availability of records; fees to borrowers; exceptions No guarantee and no commitment to guarantee may be issued under subsection (a) unless the Secretary obtains any information reasonably requested and such assurances as are in his judgment (after consultation with the Secretary of the Treasury) reasonable to protect the interests of the United States and to assure that such guarantee or commitment to guarantee is consistent with and will further the purpose of this subchapter. The Secretary shall require that records be kept and made available to the Secretary or the Comptroller General, or any of their duly authorized representatives, in such detail and form as are determined necessary to facilitate (A) an effective financial audit of the energy conservation measure or renewable-resource energy measure investment involved, and (B) an adequate evaluation of the effectiveness of this section. The Secretary and the Comptroller General, or any of their duly authorized representatives, shall have access to pertinent books, documents, papers, and records of any recipient of Federal assistance under this section. The Secretary may collect a fee from any borrower with respect to whose obligation a guarantee or commitment to guarantee is issued under subsection (a); except that the Secretary may waive any such fee with respect to any such borrower or class of borrowers. Fees shall be designed to recover the estimated administrative expenses incurred under this part; except that the total of the fees charged any such borrower may not exceed (A) one percent of the amount of the guarantee, or (B) one-half percent of the amount of the commitment to guarantee, whichever is greater. Any amount collected under this paragraph shall be deposited in the miscellaneous receipts of the Treasury.

(f) Default in payment of principal due under guaranteed obligation; procedures applicable If there is a default by the obligor in any payment of principal due under an obligation guaranteed under subsection (a), and if such default continues for 30 days, the holder of such obligation or his agent has the right to demand payment by the Secretary of the unpaid principal of such obligation, consistent with the terms of the guarantee of such obligation. Such payment may be demanded within such period as may be specified in the guarantee or related agreements, which period shall expire not later than 90 days from the date of such default. If demand occurs within such specified period, then not later than 60 days from the date of such demand, the Secretary shall pay to such holder the unpaid principal of such obligation, consistent with the terms of the guarantee of such obligation; except that (A) the Secretary shall not be required to make any such payment if he finds, prior to the expiration of the 60-day period beginning on the date on which the demand is made, that there was no default by the obligor in the payment of principal or that such default has been remedied, and (B) no such holder shall receive payment or be entitled to retain payment in a total amount which together with any other recovery (including any recovery based upon any security interest) exceeds the actual loss of principal by such holder. If the Secretary makes payment to a holder under paragraph (1), the Secretary shall thereupon— have all of the rights granted to him by law or agreement with the obligor; and be subrogated to all of the rights which were granted such holder, by law, assignment, or security agreement applicable to the guaranteed obligation. The Secretary may, in his discretion, take possession of, complete, recondition, reconstruct, renovate, repair, maintain, operate, remove, charter, rent, sell, or otherwise dispose of any property or other interests obtained by him pursuant to this subsection. The terms of any such sale or other disposition shall be as approved by the Secretary. If there is a default by the obligor in any payment due under an obligation guaranteed under subsection (a), the Secretary shall take such action against such obligor or any other person as is, in his discretion, necessary or appropriate to protect the interests of the United States. Such an action may be brought in the name of the United States or in the name of the holder of such obligation. Such holder shall make available to the Secretary all records and evidence necessary to prosecute any such suit. The Secretary may, in his discretion, accept a conveyance of property in full or partial satisfaction of any sums owed to him. If the Secretary receives, through the sale of property, an amount greater than his cost and the amount paid to the holder under paragraph (1), he shall pay such excess to the obligor.

(g) Limitation on aggregate outstanding principal amount of obligations guaranteed; time limitation on guarantees and commitments to guarantee; authorization of appropriations The aggregate outstanding principal amount of obligations which may be guaranteed under this section may not at any one time exceed $2,000,000,000.Noguaranteeorcommitmenttoguaranteemaybeissuedundersubsection(a)afterSeptember30,1979.Thereisauthorizedtobeappropriatedforthepaymentofamountstobepaidundersubsection(f),nottoexceed$60,000,000. Any amount appropriated pursuant to this paragraph shall remain available until expended. There is authorized to be appropriated to carry out the provisions of this part, including administrative costs, but not for the payment of amounts to be paid under subsection (f)— for the fiscal year ending September 30, 1977 , not to exceed $1,836,000;andforthefiscalyearendingSeptember30,1978,nottoexceed$4,950,000.

(h) Wages paid laborers and mechanics; labor standards All laborers and mechanics employed in construction, alteration, or repair which is financed by an obligation guaranteed under subsection (a) shall be paid wages at rates not less than those prevailing on similar construction in the locality, as determined by the Secretary of Labor in accordance with sections 3141–3144, 3146, and 3147 of title 40. The Secretary shall not guarantee any obligations under subsection (a) without first obtaining adequate assurance that these labor standards will be maintained during such construction, alteration, or repair. The Secretary of Labor shall, with respect to the labor standards in this subsection, have the authority and functions set forth in Reorganization Plan Numbered 14 of 1950 and section 3145 of title 40 .

(i) Definitions As used in this part: The term “Secretary” means the Secretary of Energy. The term “Comptroller General” means the Comptroller General of the United States. The terms “energy audit”, “energy conservation measure”, “renewable-resource energy measure”, “building”, and “industrial plant” have the meanings given the terms in section 6321(c) of this title .

§ 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.)

§ 6892 Annual report to Congress by Comptroller General

(a) Requirements; access to information For each fiscal year ending before October 1, 1979 , the Comptroller General shall report to the Congress on the activities of the Secretary of Energy and the Secretary under this subchapter and any amendments to other statutes made by this subchapter. The provisions of section 771 of title 15 (relating to access by the Comptroller General to books, documents, papers, statistics, data, records, and information in the possession of the Secretary of Energy or of recipients of Federal funds) shall apply to data which relate to such activities.

(b) Contents of report Each report submitted by the Comptroller General under subsection (a) shall include— an accounting, by State, of expenditures of Federal funds under each program authorized by this subchapter or by amendments made by this subchapter; an estimate of the energy savings which have resulted thereby; a thorough evaluation of the effectiveness of the programs authorized by this subchapter or by amendments made by this subchapter in achieving the energy conservation or renewable resource potential available in the sectors and regions affected by such programs; a review of the extent and effectiveness of compliance monitoring of programs established by this subchapter or by amendments made by this subchapter and any evidence as to the occurrence of fraud with respect to such programs; and the recommendations of the Comptroller General with respect to (A) improvements in the administration of programs authorized by this subchapter or by amendments made by this subchapter, and (B) additional legislation, if any, which is needed to achieve the purposes of this subchapter.

(c) Definitions As used in this part: Omitted The term “Comptroller General” means the Comptroller General of the United States. The term “Secretary” means the Secretary of Housing and Urban Development.