42 U.S.C. § 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)

section 705 of title 29 42 U.S.C. 1382c(a)(3)(A)1

1 See References in Text note below.

42 U.S.C. 6001(7) The term “handicapped person” means any individual (A) who is an individual with a disability, as defined in , (B) who is under a disability as defined in section 1614(a)(3)(A) or 223(d)(1) of the Social Security Act [, 423(d)(1)] or in section 102(7)  of the Developmental Disabilities Services and Facilities Construction Act [], or (C) who is receiving benefits under chapter 11 or 15 of title 38.

(6)

section 3002 of this title The terms “Indian”, “Indian tribe”, and “tribal organization” have the meanings prescribed for such terms by .

(7)

section 2809(a)(12) of this title 42 U.S.C. 601 42 U.S.C. 8621 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 , (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 [ 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 (), 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.

Pub. L. 94–385, title IV, § 412Aug. 14, 197690 Stat. 1152 Pub. L. 95–602, title I, § 122(e)Nov. 6, 197892 Stat. 2987 Pub. L. 95–619, title II, § 231(a)(1)Nov. 9, 197892 Stat. 3224 Pub. L. 96–294, title V, § 577(1)June 30, 198094 Stat. 760 Pub. L. 98–558, title IVOct. 30, 198498 Stat. 2887 Pub. L. 100–242, title V, § 570(d)Feb. 5, 1988101 Stat. 1950 Pub. L. 101–440, § 7(a)Oct. 18, 1990104 Stat. 1012 Pub. L. 102–486, title I, § 142(b)Oct. 24, 1992106 Stat. 2843 Pub. L. 105–220, title IV, § 414(f)Aug. 7, 1998112 Stat. 1242 Pub. L. 109–58, title I, § 122(b)Aug. 8, 2005119 Stat. 616 Pub. L. 109–365, title IX, § 901(b)Oct. 17, 2006120 Stat. 2599 Pub. L. 110–140, title IV, § 411(c)Dec. 19, 2007121 Stat. 1601 Pub. L. 111–5, div. A, title IV, § 407(a)Feb. 17, 2009123 Stat. 145 Pub. L. 116–260, div. Z, title I, § 1011(b)Dec. 27, 2020134 Stat. 2442(, , ; , , ; , (b)(2), , , 3225; , (2), , ; , §§ 401, 402, , ; , , ; , , ; , , ; , , ; , , ; , , ; , , ; , , ; , , .)

Editorial Notes

References in Text

42 U.S.C. 6001(7)Pub. L. 106–402, title IV, § 401(a)Oct. 30, 2000114 Stat. 1737Section 102(7) of the Developmental Disabilities Services and Facilities Construction Act [], referred to in par. (5), was repealed by , , .

Section 2809(a)(12) of this title Pub. L. 95–568, § 5(a)(2)(E)Nov. 2, 197892 Stat. 2426 Pub. L. 97–35, title VI, § 683(a)Aug. 13, 198195 Stat. 519, referred to in par. (7), which was redesignated as section 2809(a)(5) by , , , was subsequently repealed by , , .

act Aug. 14, 1935, ch. 531 49 Stat. 620 section 1305 of this titleThe Social Security Act, referred to in par. (7), is , . 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 and Tables.

Pub. L. 97–35Aug. 13, 198195 Stat. 893 section 8621 of this titleThe Low-Income Home Energy Assistance Act of 1981, referred to in par. (7), is title XXVI of , , , 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 and Tables.

Amendments

Pub. L. 116–2602020—Par. (9)(J). 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.

Pub. L. 111–52009—Par. (7). substituted “200 percent” for “150 percent” in two places.

Pub. L. 110–1402007—Par. (8). 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.”

Pub. L. 109–365 section 3002 of this title2006—Par. (6). struck out “paragraphs (4), (5), and (6), respectively, of” before “”.

Pub. L. 109–582005—Par. (7). substituted “150 percent” for “125 percent” in two places.

Pub. L. 105–220 section 705 of title 291998—Par. (5)(A). substituted “an individual with a disability, as defined in ” for “a handicapped individual as defined in section 7(7) of the Rehabilitation Act of 1973”.

Pub. L. 102–4861992—Par. (9)(G) to (J). realigned margin of subpar. (G), added subpars. (H) and (I), and redesignated former subpar. (H) as (J).

Pub. L. 101–4401990—Par. (9)(G), (H). added subpar. (G) and redesignated former subpar. (G) as (H).

Pub. L. 100–2421988—Par. (9)(G). substituted a single comma for two consecutive commas after “determine”.

Pub. L. 98–558, § 4011984—Par. (7)(C). , added cl. (C).

Pub. L. 98–558, § 402(1)Par. (9)(B). , 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).

Pub. L. 98–558, § 402(2)Par. (9)(C). , struck out “by rule” after “may determine,”.

Pub. L. 96–294, § 577(1)1980—Par. (1). , substituted provisions defining “Secretary” for provisions defining “Administrator”.

Pub. L. 96–294, § 577(2)Pars. (7), (9)(G). , substituted “Secretary” for “Administrator” wherever appearing.

Pub. L. 95–6021978—Par. (5). substituted “section 7(7) of the Rehabilitation Act of 1973” for “section 7(6) of the Rehabilitation Act of 1973”.

Pub. L. 95–619, § 231(a)(1)Par. (7)(A). , 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.

Pub. L. 95–619, § 231(b)(2)Par. (9). , 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

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

Use of Appropriations

Pub. L. 113–76, div. D, title III, § 308Jan. 17, 2014128 Stat. 175

Pub. L. 113–76 Pub. L. 111–5“None of the funds made available by this [Act] [div D. of , 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 [, amending this section and sections 6865 and 6866 of this title].”

, , , provided that:

Community Services Administration

42 U.S.C. 2941 Pub. L. 88–452Aug. 20, 196478 Stat. 508Oct. 1, 1981section 683(a) of Pub. L. 97–35Aug. 13, 198195 Stat. 519 42 U.S.C. 9912(a)section 676 of Pub. L. 97–35 42 U.S.C. 9905Community Services Administration, which was established by section 601 of Economic Opportunity Act of 1964, as amended (), terminated when Economic Opportunity Act of 1964, , , , as amended, was repealed, except for titles VIII and X, effective , by , title VI, , , which is classified to . An Office of Community Services, headed by a Director, was established in Department of Health and Human Services by , which is classified to .