---
kind: "section"
citation: "42 U.S.C. § 6864d"
title: "42"
title_heading: "The Public Health and Welfare"
number: "6864d"
heading: "Financial assistance for WAP enhancement and innovation"
release: "119-102"
url: "https://uscodex.org/usc/42/6864d"
units:
  - "Chapter 81 — Energy Conservation and Resource Renewal"
  - "Subchapter III — Energy Conservation and Renewable-Resource Assistance for Existing Buildings"
  - "Part A — Weatherization Assistance for Low-Income Persons"
---

# §6864d. Financial assistance for WAP enhancement and innovation

- (a) **Purposes—** The purposes of this section are—
  - (1) to expand the number of dwelling [units](/usc/42/1395w–114b.md?p=g-2) that are occupied by [low-income](/usc/42/6862.md?p=7) [persons](/usc/42/1320a–7k.md?p=d-4-C-i) that receive weatherization assistance by making such dwelling [units](/usc/42/1395w–114b.md?p=g-2) weatherization-ready;
  - (2) to promote the deployment of [renewable energy](/usc/42/15852.md?p=b-2) in dwelling [units](/usc/42/1395w–114b.md?p=g-2) that are occupied by [low-income](/usc/42/6862.md?p=7) [persons](/usc/42/1320a–7k.md?p=d-4-C-i);
  - (3) to ensure healthy indoor environments by enhancing or expanding health and safety measures and resources available to dwellings that are occupied by [low-income](/usc/42/6862.md?p=7) [persons](/usc/42/1320a–7k.md?p=d-4-C-i);
  - (4) to disseminate new methods and best [practices](/usc/42/17061.md?p=19) among entities providing weatherization assistance; and
  - (5) to encourage entities providing weatherization assistance to hire and retain [employees](/usc/42/1320a–7h.md?p=e-7) who are individuals—
    - (A) from the community in which the assistance is provided; and
    - (B) from communities or groups that are underrepresented in the home [energy](/usc/42/6311.md?p=7) performance workforce, including religious and ethnic [minorities](/usc/42/299a–1.md?p=d-2), women, veterans, individuals with disabilities, and individuals who are socioeconomically disadvantaged.
- (b) **Financial assistance—** The [Secretary](/usc/42/6862.md?p=1) shall, to the extent [funds](/usc/42/12854.md?p=3) 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](/usc/42/6862.md?p=8), [tribal organization](/usc/42/629a.md?p=a-6), or [unit](/usc/42/1395w–114b.md?p=g-2) of general purpose [local government](/usc/42/8401a.md) through a weatherization [program](/usc/42/274l–1.md?p=4) under [section 6863 of this title](/usc/42/6863.md) or [section 6864 of this title](/usc/42/6864.md), or to nonprofit entities, to be used by such an entity—
  - (1) with respect to dwelling [units](/usc/42/1395w–114b.md?p=g-2) that are occupied by [low-income](/usc/42/6862.md?p=7) [persons](/usc/42/1320a–7k.md?p=d-4-C-i), to—
    - (A) implement measures to make such dwelling [units](/usc/42/1395w–114b.md?p=g-2) weatherization-ready by addressing structural, plumbing, roofing, and electrical issues, environmental [hazards](/usc/42/5165f.md?p=a-3), or other measures that the [Secretary](/usc/42/6862.md?p=1) determines to be appropriate;
    - (B) install [energy efficiency](/usc/42/6291.md?p=5) technologies, including home [energy](/usc/42/6311.md?p=7) management systems, smart devices, and other technologies the [Secretary](/usc/42/6862.md?p=1) determines to be appropriate;
    - (C) install [renewable energy](/usc/42/15852.md?p=b-2) systems (as defined in [section 6865(c)(6)(A) of this title](/usc/42/6865.md?p=c-6-A)); and
    - (D) implement measures to ensure healthy indoor environments by improving indoor air quality, accessibility, and other healthy homes measures as determined by the [Secretary](/usc/42/6862.md?p=1);
  - (2) to improve the capability of the entity—
    - (A) to significantly increase the number of [energy](/usc/42/6311.md?p=7) retrofits performed by such entity;
    - (B) to replicate best [practices](/usc/42/17061.md?p=19) for work performed pursuant to this section on a larger scale;
    - (C) to leverage additional [funds](/usc/42/12854.md?p=3) 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
    - (D) to hire and retain [employees](/usc/42/1320a–7h.md?p=e-7) who are individuals described[^1] [subsection (a)(5)](#a-5);
  - (3) for innovative outreach and education regarding the benefits and availability of weatherization assistance and other assistance available pursuant to this section;
  - (4) for quality control of work performed pursuant to this section;
  - (5) for data collection, measurement, and verification with respect to such work;
  - (6) for [program](/usc/42/274l–1.md?p=4) monitoring, oversight, evaluation, and reporting regarding such work;
  - (7) for labor, [training](/usc/42/285e–2.md?p=b-2), and technical assistance relating to such work;
  - (8) for planning, management, and administration (up to a maximum of 15 percent of the assistance provided); and
  - (9) for such other activities as the [Secretary](/usc/42/6862.md?p=1) determines to be appropriate.
- (c) **Award factors—** In awarding financial assistance under this section, the [Secretary](/usc/42/6862.md?p=1) shall consider—
  - (1) the applicant’s record of constructing, renovating, repairing, or making [energy](/usc/42/6311.md?p=7) efficient [single](/usc/42/2304.md?p=m)-[family](/usc/42/290ff–4.md?p=d-2), multifamily, or manufactured homes that are occupied by [low-income](/usc/42/6862.md?p=7) [persons](/usc/42/1320a–7k.md?p=d-4-C-i), either directly or through affiliates, chapters, or other partners (using the most recent year for which data are available);
  - (2) the number of dwelling [units](/usc/42/1395w–114b.md?p=g-2) occupied by [low-income](/usc/42/6862.md?p=7) [persons](/usc/42/1320a–7k.md?p=d-4-C-i) that the applicant has built, renovated, repaired, weatherized, or made more [energy](/usc/42/6311.md?p=7) efficient in the 5 years preceding the date of the application;
  - (3) the qualifications, experience, and past performance of the applicant, including experience successfully managing and administering Federal [funds](/usc/42/12854.md?p=3);
  - (4) the strength of an applicant’s proposal to achieve one or more of the purposes under [subsection (a)](#a);
  - (5) the extent to which such applicant will utilize partnerships and regional coordination to achieve one or more of the purposes under [subsection (a)](#a);
  - (6) regional and climate zone diversity;
  - (7) urban, suburban, and rural localities; and
  - (8) such other factors as the [Secretary](/usc/42/6862.md?p=1) determines to be appropriate.
- (d) **Applications—**
  - (1) **Administration—** To be eligible for an award of financial assistance under this section, an applicant shall submit to the [Secretary](/usc/42/6862.md?p=1) an application in such manner and containing such information as the [Secretary](/usc/42/6862.md?p=1) may require.
  - (2) **Awards—** Subject to the availability of appropriations, not later than 270 days after December 27, 2020, the [Secretary](/usc/42/6862.md?p=1) shall make a first award of financial assistance under this section.
- (e) **Maximum amount and term—**
  - (1) **In general—** The total amount of financial assistance awarded to an entity under this section shall not exceed $2,000,000.
  - (2) **Technical and training assistance—** The total amount of financial assistance awarded to an entity under this section shall be reduced by the cost of any technical and [training](/usc/42/285e–2.md?p=b-2) assistance provided by the [Secretary](/usc/42/6862.md?p=1) that relates to such financial assistance.
  - (3) **Term—** The term of an award of financial assistance under this section shall not exceed 3 years.
  - (4) **Relationship to formula grants—** 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](/usc/42/6862.md?p=1) shall issue requirements to implement this section, including, for entities receiving financial assistance under this section—
  - (1) [standards](/usc/42/1320d.md?p=7) for allowable expenditures;
  - (2) a minimum saving-to-investment ratio; and
  - (3) [standards](/usc/42/1320d.md?p=7) for—
    - (A) [training](/usc/42/285e–2.md?p=b-2) [programs](/usc/42/274l–1.md?p=4);
    - (B) [energy audits](/usc/42/6372.md?p=1);
    - (C) the provision of technical assistance;
    - (D) monitoring activities carried out using such financial assistance;
    - (E) verification of [energy](/usc/42/6311.md?p=7) and cost savings;
    - (F) liability insurance requirements; and
    - (G) recordkeeping and reporting requirements, which shall include reporting to the [Office](/usc/42/3058f.md?p=1) of Weatherization and Intergovernmental [Programs](/usc/42/274l–1.md?p=4) of the Department of [Energy](/usc/42/6311.md?p=7) applicable data on each dwelling [unit](/usc/42/1395w–114b.md?p=g-2) 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](/usc/42/6862.md?p=8) or local law, to the extent that the [State](/usc/42/6862.md?p=8) or local law contains a requirement that is more stringent than the applicable requirement of this section.
- (h) **Review and evaluation—** The [Secretary](/usc/42/6862.md?p=1) 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](/usc/42/6862.md?p=1) shall submit to Congress an annual report that provides a description of—
  - (1) actions taken under this section to achieve the purposes of this section; and
  - (2) accomplishments as a result of such actions, including [energy](/usc/42/6311.md?p=7) and cost savings achieved.
- (j) **Funding—**
  - (1) **Amounts—**
    - (A) **In general—** For each of fiscal years 2021 through 2025, of the amount made available under [section 6872 of this title](/usc/42/6872.md) for such fiscal year to carry out the weatherization [program](/usc/42/274l–1.md?p=4) under this part (not including any of such amount made available for Department of [Energy](/usc/42/6311.md?p=7) headquarters [training](/usc/42/285e–2.md?p=b-2) or technical assistance), not more than—
      - (i) 2 percent of such amount (if such amount is $225,000,000 or more but less than $260,000,000) may be used to carry out this section;
      - (ii) 4 percent of such amount (if such amount is $260,000,000 or more but less than $300,000,000) may be used to carry out this section; and
      - (iii) 6 percent of such amount (if such amount is $300,000,000 or more) may be used to carry out this section.
    - (B) **Minimum—** For each of fiscal years 2021 through 2025, if the amount made available under [section 6872 of this title](/usc/42/6872.md) (not including any of such amount made available for Department of [Energy](/usc/42/6311.md?p=7) headquarters [training](/usc/42/285e–2.md?p=b-2) or technical assistance) for such fiscal year is less than $225,000,000, no [funds](/usc/42/12854.md?p=3) shall be made available to carry out this section.
  - (2) **Limitation—** For any fiscal year, the [Secretary](/usc/42/6862.md?p=1) may not use more than $25,000,000 of the amount made available under [section 6872 of this title](/usc/42/6872.md) to carry out this section.
- (k) **Termination—** The [Secretary](/usc/42/6862.md?p=1) may not award financial assistance under this section after September 30, 2025.

## Footnotes

[^1]: So in original. Probably should be followed by “in”.

## Source credit

(Pub. L. 94–385, title IV, § 414D, as added Pub. L. 116–260, div. Z, title I, § 1011(e)(1), Dec. 27, 2020, 134 Stat. 2443.)