--- kind: "section" citation: "42 U.S.C. § 6838" title: "42" title_heading: "The Public Health and Welfare" number: "6838" heading: "Cost-effective codes implementation for efficiency and resilience" release: "119-102" date: "2026-07-12" url: "https://uscodex.org/usc/42/6838" units: - "Chapter 81 — Energy Conservation and Resource Renewal" - "Subchapter II — Energy Conservation Standards for New Buildings" --- # §6838. Cost-effective codes implementation for efficiency and resilience - (a) **Definitions—** In this section: - (1) **Eligible entity—** The term “eligible entity” means— - (A) a relevant [State agency](/usc/42/6802.md?p=4), as determined by the [Secretary](/usc/42/6802.md?p=1), such as a [State](/usc/42/6802.md?p=6) [building code](/usc/42/6832.md?p=3) [agency](/usc/42/8262.md?p=1), [State](/usc/42/6802.md?p=6) energy office, or Tribal energy office; and - (B) a partnership. - (2) **Partnership—** The term “partnership” means a partnership between an eligible entity described in [paragraph (1)(A)](#a-1-A) and 1 or more of the following entities: - (A) Local [building code](/usc/42/6832.md?p=3) [agencies](/usc/42/8262.md?p=1). - (B) Codes and standards developers. - (C) Associations of builders and design and [construction](/usc/42/300s–3.md?p=7) professionals. - (D) Local and utility energy efficiency programs. - (E) Consumer, energy efficiency, and environmental advocates. - (F) Other entities, as determined by the [Secretary](/usc/42/6802.md?p=1). - (3) **Secretary—** The term “[Secretary](/usc/42/6802.md?p=1)” means the [Secretary](/usc/42/6802.md?p=1) of Energy. - (b) **Establishment—** - (1) **In general—** The [Secretary](/usc/42/6802.md?p=1) shall establish within the [Building](/usc/42/6832.md?p=2) Technologies Office of the Department of Energy a program under which the [Secretary](/usc/42/6802.md?p=1) shall award grants on a competitive basis to eligible entities to enable sustained cost-effective implementation of updated [building](/usc/42/6832.md?p=2) energy codes. - (2) **Updated building energy code—** An update to a [building](/usc/42/6832.md?p=2) energy code under this section, including an amendment that results in increased efficiency compared to the previously adopted [building](/usc/42/6832.md?p=2) energy code, shall include any update made available after the existing [building](/usc/42/6832.md?p=2) energy code, even if it is not the most recent updated code available. - (c) **Criteria; priority—** In awarding grants under [subsection (b)](#b), the [Secretary](/usc/42/6802.md?p=1) shall— - (1) consider— - (A) prospective energy savings and plans to measure the savings, including utilizing the Environmental Protection [Agency](/usc/42/8262.md?p=1) 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](/usc/42/6832.md?p=2) rating methodologies of the Environmental Protection [Agency](/usc/42/8262.md?p=1), and other methodologies determined appropriate by the [Secretary](/usc/42/6802.md?p=1); - (B) the long-term sustainability of those measures and savings; - (C) prospective benefits, and plans to assess the benefits, including benefits relating to— - (i) resilience and peak load reduction; - (ii) occupant safety and health; and - (iii) environmental performance; - (D) the demonstrated capacity of the eligible entity to carry out the proposed [project](/usc/42/13641.md?p=2); and - (E) the need of the eligible entity for assistance; and - (2) give priority to applications from partnerships. - (d) **Eligible activities—** - (1) **In general—** An eligible entity awarded a grant under this section may use the grant funds— - (A) to create or enable [State](/usc/42/6802.md?p=6) or regional partnerships to provide training and materials to— - (i) builders, contractors and subcontractors, architects, and other design and [construction](/usc/42/300s–3.md?p=7) professionals, relating to meeting updated [building](/usc/42/6832.md?p=2) energy codes in a cost-effective manner; and - (ii) [building code](/usc/42/6832.md?p=3) officials, relating to improving implementation of and compliance with [building](/usc/42/6832.md?p=2) energy codes; - (B) to collect and disseminate quantitative data on [construction](/usc/42/300s–3.md?p=7) and codes implementation, including code pathways, performance metrics, and technologies used; - (C) to develop and implement a plan for highly effective codes implementation, including measuring compliance; - (D) to address various implementation needs in rural, suburban, and urban areas; and - (E) to implement updates in energy codes for— - (i) new residential and [commercial buildings](/usc/42/6832.md?p=4) (including multifamily [buildings](/usc/42/6832.md?p=2)); and - (ii) additions and alterations to existing residential and [commercial buildings](/usc/42/6832.md?p=4) (including multifamily [buildings](/usc/42/6832.md?p=2)). - (2) **Related topics—** Training and materials provided using a grant under this section may include information on the relationship between energy codes and— - (A) cost-effective, high-performance, and zero-net-energy [buildings](/usc/42/6832.md?p=2); - (B) improving resilience, health, and safety; - (C) water savings and other environmental impacts; and - (D) the economic impacts of energy codes. - (e) **Authorization of appropriations—** There is authorized to be appropriated to the [Secretary](/usc/42/6802.md?p=1) to carry out this section $225,000,000 for the period of fiscal years 2022 through 2026. ## Source credit (Pub. L. 94–385, title III, § 309, as added Pub. L. 117–58, div. D, title V, § 40511(a), Nov. 15, 2021, 135 Stat. 1058.) ## Notes ### Editorial Notes ### Prior Provisions A prior section 6838, Pub. L. 94–385, title III, § 309, Aug. 14, 1976, 90 Stat. 1149; Pub. L. 97–35, title X, § 1041(a), Aug. 13, 1981, 95 Stat. 621, related to consultations by Secretary with interested and affected groups in developing and promulgating voluntary performance standards and establishment of advisory committees, prior to repeal by Pub. L. 102–486, title I, § 101(a)(2), Oct. 24, 1992, 106 Stat. 2783. ### Statutory Notes and Related Subsidiaries ### Wage Rate Requirements For provisions relating to rates of wages to be paid to laborers and mechanics on projects for construction, alteration, or repair work funded under div. D or an amendment by div. D of Pub. L. 117–58, including authority of Secretary of Labor, see section 18851 of this title.