Title 42 — The Public Health and WelfareRelease 119-73
§6864 Financial assistance
Title 42 › Chapter CHAPTER 81— - ENERGY CONSERVATION AND RESOURCE RENEWAL › Subchapter SUBCHAPTER III— - ENERGY CONSERVATION AND RENEWABLE-RESOURCE ASSISTANCE FOR EXISTING BUILDINGS › Part Part A— - Weatherization Assistance for Low-Income Persons › § 6864
Summary
The Secretary must give money for weatherization only after a yearly application. Each application must say how many low-income people and housing units will get help, who those people are, and how the help will be given. The Secretary will divide the money to States based on need. The main factors include the number of homes to be weatherized, the State’s climate (for example degree days), the kinds of weatherization work to be done, and other things the Secretary finds important, like heating and cooling costs. The Secretary cannot pay out funds unless the applicant shows it has: a policy advisory council with the right experience and broad local representation; clear priorities that favor elderly and disabled people and high-energy homes; rules to make sure federal money adds to, not replaces, state or local funds and plans to use volunteers and similar workers and to increase nonfederal support; and that community action or nonprofit agencies chosen to do the work were picked after public comment and have the needed experience. Starting in fiscal year 1991 and every year after, the Secretary must update the data used to divide the funds.
Full Legal Text
Title 42, §6864
The Public Health and Welfare — Source: USLM XML via OLRC
(a)The Secretary shall provide financial assistance, from sums appropriated for any fiscal year under this part, only upon annual application. Each such application shall describe the estimated number and characteristics of the low-income persons and the number of dwelling units to be assisted and the criteria and methods to be used by the applicant in providing weatherization assistance to such persons. The application shall also contain such other information (including information needed for evaluation purposes) and assurances as may be required (1) in the regulations promulgated pursuant to section 6863 of this title and (2) to carry out this section. The Secretary shall allocate financial assistance to each State on the basis of the relative need for weatherization assistance among low-income persons throughout the States, taking into account the following factors:
(A)The number of dwelling units to be weatherized.
(B)The climatic conditions in the State respecting energy conservation, which may include consideration of annual degree days.
(C)The type of weatherization work to be done in the various settings.
(D)Such other factors as the Secretary may determine necessary, such as the cost of heating and cooling, in order to carry out the purpose and provisions of this part.
(b)The Secretary shall not provide financial assistance under this part unless the applicant has provided reasonable assurances that it has—
(1)established a policy advisory council which (A) has special qualifications and sensitivity with respect to solving the problems of low-income persons (including the weatherization and energy-conservation problems of such persons), (B) is broadly representative of organizations and agencies which are providing services to such persons in the State or geographical area in question, and (C) is responsible for advising the responsible official or agency administering the allocation of financial assistance in such State or area with respect to the development and implementation of such weatherization assistance program;
(2)established priorities to govern the provision of weatherization assistance to low-income persons, including methods to provide priority to elderly and handicapped low-income persons, and such priority as the applicant determines is appropriate for single-family or other high-energy-consuming dwelling units;
(3)established policies and procedures designed to assure that financial assistance provided under this part will be used to supplement, and not to supplant, State or local funds, and, to the extent practicable, to increase the amounts of such funds that would be made available in the absence of Federal funds for carrying out the purpose of this part, including plans and procedures (A) for securing, to the maximum extent practicable, the services of volunteers and training participants and public service employment workers, pursuant to 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
(4)selected on the basis of public comment received during a public hearing conducted pursuant to section 6865(b)(1) of this title, and other appropriate findings, community action agencies or other public or nonprofit entities to undertake the weatherization activities authorized by this subchapter: Provided, Such selection shall be based on the agency’s experience and performance in weatherization or housing renovation activities, experience in assisting low-income persons in the area to be served, and the capacity to undertake a timely and effective weatherization program: Provided further, That in making such selection preference shall be given to any community action agency or other public or nonprofit entity which has, or is currently administering, an effective program under this subchapter or under title II of the Economic Opportunity Act of 1964 [42 U.S.C. 2781 et seq.].
(c)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).
Legislative History
Notes & Related Subsidiaries
Editorial Notes
References in Text
The Workforce Innovation and Opportunity Act, referred to in subsec. (b)(3), is Pub. L. 113–128, July 22, 2014, 128 Stat. 1425. Title I of the Act is classified generally to subchapter I (§ 3111 et seq.) of chapter 32 of Title 29, Labor. For complete classification of this Act to the Code, see
Short Title
note set out under section 3101 of Title 29 and Tables. The Economic Opportunity Act of 1964, referred to in subsec. (b)(4), is Pub. L. 88–452, Aug. 20, 1964, 78 Stat. 508. Title II of the Economic Opportunity Act of 1964 was classified generally to subchapter II (§ 2781 et seq.) of chapter 34 of this title prior to repeal by Pub. L. 97–35, title VI, § 683(a), Aug. 13, 1981, 95 Stat. 519. For complete classification of this Act to the Code, see Tables.
Amendments
2014—Subsec. (b)(3). Pub. L. 113–128 substituted “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” 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 Investment Act of 1998”. 1998—Subsec. (b)(3). Pub. L. 105–277, § 101(f) [title VIII, § 405(f)(29)], struck out “the Job Training Partnership Act or” after “pursuant to”. Pub. L. 105–277, § 101(f) [title VIII, § 405(d)(38)], substituted “the Job Training Partnership Act or title I of the Workforce Investment Act of 1998” for “the Comprehensive Employment and Training Act of 1973”. 1990—Subsec. (a)(D). Pub. L. 101–440, § 7(c)(1), inserted “, such as the cost of heating and cooling,” after “necessary”. Subsec. (b)(3). Pub. L. 101–440, § 7(g), added cl. (B) and redesignated former cl. (B) as (C). Subsec. (c). Pub. L. 101–440, § 7(c)(2), added subsec. (c). 1980—Subsec. (a). Pub. L. 96–294, § 577(2), substituted “Secretary” for “Administrator” wherever appearing. Subsec. (b). Pub. L. 96–294, §§ 573(c), 577(2), substituted “Secretary” for “Administrator” and added par. (4).
Statutory Notes and Related Subsidiaries
Effective Date
of 2014 AmendmentAmendment by Pub. L. 113–128 effective on the first day of the first full program year after
July 22, 2014 (
July 1, 2015), see section 506 of Pub. L. 113–128, set out as an
Effective Date
note under section 3101 of Title 29, Labor.
Effective Date
of 1998 AmendmentAmendment by section 101(f) [title VIII, § 405(d)(38)] of Pub. L. 105–277 effective Oct. 21, 1998, and amendment by section 101(f) [title VIII, § 405(f)(29)] of Pub. L. 105–277 effective July 1, 2000, see section 101(f) [title VIII, § 405(g)(1), (2)(B)] of Pub. L. 105–277, set out as a note under section 3502 of Title 5, Government Organization and Employees.
Reference
Citations & Metadata
Citation
42 U.S.C. § 6864
Title 42 — The Public Health and Welfare
Last Updated
Apr 6, 2026
Release point: 119-73