42 U.S.C. § 6862

Current through P.L. 118-106 (published on www.congress.gov on 10/04/2024)

Section 6862 - Definitions

As used in this part:

(1) The term "Secretary" means the Secretary of Energy.

(2) The term "Director" means the Director of the Community Services Administration.

(3) The term "elderly" means any individual who is 60 years of age or older.

(4) The term "Governor" means the chief executive officer of a State (including the Mayor of the District of Columbia).

(5) 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.

(6) The terms "Indian", "Indian tribe", and "tribal organization" have the meanings prescribed for such terms by section 3002 of this title.

(7) 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.

(8) STATE.-The term "State" means-

(A) a State;

(B) the District of Columbia;

(C) the Commonwealth of Puerto Rico; and

(D) any other territory or possession of the United States.

(9) The term "weatherization materials" means-

(A) caulking and weatherstripping of doors and windows;

(B) furnace efficiency modifications, including, but not limited to-

(i) replacement burners, furnaces, or boilers or any combination thereof;

(ii) devices for minimizing energy loss through heating system, chimney, or venting devices; and

(iii) electrical or mechanical furnace ignition systems which replace standing gas pilot lights;

(C) clock thermostats;

(D) ceiling, attic, wall, floor, and duct insulation;

(E) water heater insulation;

(F) storm windows and doors, multiglazed windows and doors, heat-absorbing or heat-reflective window and door materials;

(G) cooling efficiency modifications, including, but not limited to, replacement air-conditioners, ventilation equipment, screening, window films, and shading devices;

(H) solar thermal water heaters;

(I) wood-heating appliances; and

(J) 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.

¹See References in Text note below.

42 U.S.C. § 6862

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.

EDITORIAL NOTES

REFERENCES IN TEXTSection 102(7) of the Developmental Disabilities Services and Facilities Construction Act [42 U.S.C. 6001(7)], referred to in par. (5), was repealed by Pub. L. 106-402, title IV, §401(a), Oct. 30, 2000, 114 Stat. 1737. Section 2809(a)(12) of this title, referred to in par. (7), which was redesignated as section 2809(a)(5) by Pub. L. 95-568, §5(a)(2)(E), Nov. 2, 1978, 92 Stat. 2426, was subsequently repealed by Pub. L. 97-35, title VI, §683(a), Aug. 13, 1981, 95 Stat. 519.The Social Security Act, referred to in par. (7), is act Aug. 14, 1935, ch. 531, 49 Stat. 620. Titles IV and XVI of the Social Security Act are classified generally to subchapters IV (§601 et seq.) and XVI (§1381 et seq.) of chapter 7 of this title. For complete classification of this Act to the Code, see section 1305 of this title and Tables. The Low-Income Home Energy Assistance Act of 1981, referred to in par. (7), is title XXVI of Pub. L. 97-35, Aug. 13, 1981, 95 Stat. 893, which is classified generally to subchapter II (§8621 et seq.) of chapter 94 of this title. For complete classification of this Act to the Code, see Short Title note set out under section 8621 of this title and Tables.

AMENDMENTS2020-Par. (9)(J). Pub. L. 116-260 inserted ",including renewable energy technologies and other advanced technologies," after "devices or technologies" and struck out ",the Secretary of Agriculture, and the Director, of the Community Services Administration" before period at end. 2009-Par. (7). Pub. L. 111-5 substituted "200 percent" for "150 percent" in two places. 2007-Par. (8). Pub. L. 110-140 added par. (8) and struck out former par. (8) which read as follows: "The term 'State' means each of the States and the District of Columbia."2006-Par. (6). Pub. L. 109-365 struck out "paragraphs (4), (5), and (6), respectively, of" before "section 3002 of this title". 2005-Par. (7). Pub. L. 109-58 substituted "150 percent" for "125 percent" in two places. 1998-Par. (5)(A). Pub. L. 105-220 substituted "an individual with a disability, as defined in section 705 of title 29" for "a handicapped individual as defined in section 7(7) of the Rehabilitation Act of 1973". 1992-Par. (9)(G) to (J). Pub. L. 102-486 realigned margin of subpar. (G), added subpars. (H) and (I), and redesignated former subpar. (H) as (J).1990-Par. (9)(G), (H). Pub. L. 101-440 added subpar. (G) and redesignated former subpar. (G) as (H). 1988-Par. (9)(G). Pub. L. 100-242 substituted a single comma for two consecutive commas after "determine". 1984-Par. (7)(C). Pub. L. 98-558, §401, added cl. (C).Par. (9)(B). Pub. L. 98-558, §402(1), in amending subpar. (B) generally, substituted ",including, but not limited to" for "limited to" in provisions preceding cl. (i), ",furnaces, or boilers or any combination thereof" for "designed to substantially increase the energy efficiency of the heating system," in cl. (i), and "minimizing energy loss through heating system, chimney, or venting devices" for "modifying flue openings which will increase the energy efficiency of the heating system," in cl. (ii). Par. (9)(C). Pub. L. 98-558, §402(2), struck out "by rule" after "may determine,".1980-Par. (1). Pub. L. 96-294, §577(1), substituted provisions defining "Secretary" for provisions defining "Administrator".Pars. (7), (9)(G). Pub. L. 96-294, §577(2), substituted "Secretary" for "Administrator" wherever appearing.1978-Par. (5). Pub. L. 95-602 substituted "section 7(7) of the Rehabilitation Act of 1973" for "section 7(6) of the Rehabilitation Act of 1973".Par. (7)(A). Pub. L. 95-619, §231(a)(1), inserted "125 percent of" after "at or below" and inserted provision authorizing the Administrator to establish a higher level for low-income computations after determining such higher level to be necessary to carry out the purposes of this part.Par. (9). Pub. L. 95-619, §231(b)(2), substituted a specific listing of items to be considered weatherization materials for purposes of this part for a general statement of the sort of materials that could be considered as such.

STATUTORY NOTES AND RELATED SUBSIDIARIES

EFFECTIVE DATE OF 2007 AMENDMENT Amendment by Pub. L. 110-140 effective on the date that is 1 day after Dec. 19, 2007, see section 1601 of Pub. L. 110-140 set out as an Effective Date note under section 1824 of Title 2, The Congress.

USE OF APPROPRIATIONS Pub. L. 113-76, div. D, title III, §308, Jan. 17, 2014, 128 Stat. 175, provided that: "None of the funds made available by this [Act] [div D. of Pub. L. 113-76 see Tables for classification] or any subsequent Act for fiscal year 2014 or any fiscal year hereafter may be used to pay the salaries of Department of Energy employees to carry out the amendments made by section 407 of division A of the American Recovery and Reinvestment Act of 2009 [Pub. L. 111-5 amending this section and sections 6865 and 6866 of this title]."

COMMUNITY SERVICES ADMINISTRATION Community Services Administration, which was established by section 601 of Economic Opportunity Act of 1964, as amended ( 42 U.S.C. 2941 ), terminated when Economic Opportunity Act of 1964, Pub. L. 88-452, Aug. 20, 1964, 78 Stat. 508, as amended, was repealed, except for titles VIII and X, effective Oct. 1, 1981, by section 683(a) of Pub. L. 97-35, title VI, Aug. 13, 1981, 95 Stat. 519, which is classified to 42 U.S.C. 9912(a). An Office of Community Services, headed by a Director, was established in Department of Health and Human Services by section 676 of Pub. L. 97-35 which is classified to 42 U.S.C. 9905.

Administrator

The term "Administrator" means the Administrator of General Services.

Secretary

The term "Secretary" means the Secretary of Housing and Urban Development.1See References in Text note below.