---
kind: "section"
citation: "42 U.S.C. § 6863"
title: "42"
title_heading: "The Public Health and Welfare"
number: "6863"
heading: "Weatherization program"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/42/6863"
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"
---

# §6863. Weatherization program

- (a) **Development and conduct of program by Secretary; grants to States and Indian tribal organizations—** The [Secretary](/usc/42/6802.md?p=1) shall develop and conduct, in accordance with the purpose and provisions of this part, a weatherization program. In developing and conducting such program, the [Secretary](/usc/42/6802.md?p=1) may, in accordance with this part and regulations promulgated under this part, make grants (1) to [States](/usc/42/6802.md?p=6), and (2) in accordance with the provisions of [subsection (d)](#d), to [Indian](/usc/42/6862.md?p=6) [tribal organizations](/usc/42/6862.md?p=6) to serve Native Americans. Such grants shall be made for the purpose of providing financial assistance with regard to [projects](/usc/42/13641.md?p=2) designed to provide for the weatherization of dwelling units, particularly those where [elderly](/usc/42/6862.md?p=3) or handicapped [low-income](/usc/42/6862.md?p=7) persons reside, occupied by [low-income](/usc/42/6862.md?p=7) families.
- (b) **Consultation by Secretary with other Federal departments and agencies on development and publication in Federal Register of proposed regulations; required regulatory provisions; standards and procedures; rental units—**
  - (1) The [Secretary](/usc/42/6802.md?p=1), after consultation with the [Director](/usc/42/6862.md?p=2), the [Secretary](/usc/42/6802.md?p=1) of Housing and Urban Development, the [Secretary](/usc/42/6802.md?p=1) of Health and Human Services, the [Secretary](/usc/42/6802.md?p=1) of Labor, and the heads of such other Federal departments and [agencies](/usc/42/8262.md?p=1) as the [Secretary](/usc/42/6802.md?p=1) deems appropriate, shall develop and publish in the Federal Register for public comment, not later than 60 days after August 14, 1976, proposed regulations to carry out the provisions of this part. The [Secretary](/usc/42/6802.md?p=1) shall take into consideration comments submitted regarding such proposed regulations and shall promulgate and publish final regulations for such purpose not later than 90 days after August 14, 1976. The development of regulations under this part shall be fully coordinated with the [Director](/usc/42/6862.md?p=2).
  - (2) The regulations promulgated pursuant to this section shall include provisions—
    - (A) prescribing, in coordination with the [Secretary](/usc/42/6802.md?p=1) of Housing and Urban Development, the [Secretary](/usc/42/6802.md?p=1) of Health and Human Services, and the [Director](/usc/42/6862.md?p=2) of the National Institute of Standards and Technology in the Department of Commerce, for use in various climatic, structural, and human need settings, standards for [weatherization materials](/usc/42/6862.md?p=9), energy conservation techniques, and balance combinations thereof, which are designed to achieve a balance of a healthful dwelling environment and maximum practicable energy conservation;
    - (B) that provide guidance to the [States](/usc/42/6802.md?p=6) in the implementation of this part, including guidance designed to ensure that a [State](/usc/42/6802.md?p=6) establishes (i) procedures that provide protection under [paragraph (5)](#b-5) to tenants paying for energy as a portion of their rent, and (ii) a process for monitoring compliance with its obligations pursuant to this part; and
    - (C) that secure the Federal investment made under this part and address the issues of eviction from and sale of property receiving [weatherization materials](/usc/42/6862.md?p=9) under this part.
  - (3) The [Secretary](/usc/42/6802.md?p=1), in coordination with the [Secretaries](/usc/42/6802.md?p=1) and [Director](/usc/42/6862.md?p=2) described in [paragraph (2)(A)](#b-2-A) and the [Secretary](/usc/42/6802.md?p=1) of Agriculture, shall develop and publish in the Federal Register for public comment, not later than 60 days after November 9, 1978, proposed amendments to the regulations prescribed under [paragraph (1)](#b-1). Such amendments shall provide that the standards described in [paragraph (2)(A)](#b-2-A) shall include a set of procedures to be applied to each dwelling unit to determine the optimum set of cost-effective measures, within the cost guidelines set for the program, to be installed in such dwelling unit. Such standards shall, in order to achieve such optimum savings of energy, take into consideration the following factors—
    - (A) the cost of the weatherization material;
    - (B) variation in climate; and
    - (C) the value of energy saved by the application of the weatherization material.

    Such standards shall be utilized by the [Secretary](/usc/42/6802.md?p=1) in carrying out this part, and by the [Secretary](/usc/42/6802.md?p=1) of Agriculture in carrying out the weatherization program under [section 1474(c) of this title](/usc/42/1474.md?p=c). The [Secretary](/usc/42/6802.md?p=1) shall take into consideration comments submitted regarding such proposed amendment and shall promulgate and publish final amended regulations not later than 120 days after November 9, 1978.

  - (4) The [Secretary](/usc/42/6802.md?p=1) may amend the regulations prescribed under [paragraph (1)](#b-1) to provide that the standards described in [paragraph (2)(A)](#b-2-A) take into consideration improvements in the health and safety of occupants of dwelling units, and other non-energy benefits, from weatherization.
  - (5) In carrying out paragraphs [(2)(A)](#b-2-A) and [(3)](#b-3), the [Secretary](/usc/42/6802.md?p=1) shall establish the standards and procedures described in such paragraphs so that weatherization efforts being carried out under this part and under programs described in the fourth sentence of [paragraph (3)](#b-3) will accomplish uniform results among the [States](/usc/42/6802.md?p=6) in any area with a similar climatic condition.
  - (6) In any case in which a dwelling consists of a rental unit or rental units, the [State](/usc/42/6802.md?p=6), in the implementation of this part, shall ensure that—
    - (A) the benefits of weatherization assistance in connection with such rental units, including units where the tenants pay for their energy through their rent, will accrue primarily to the [low-income](/usc/42/6862.md?p=7) tenants residing in such units;
    - (B) for a reasonable period of time after weatherization work has been completed on a dwelling containing a unit occupied by an eligible household, the tenants in that unit (including households paying for their energy through their rent) will not be subjected to rent increases unless those increases are demonstrably related to matters other than the weatherization work performed;
    - (C) the enforcement of [subparagraph (B)](#b-6-B) is provided through procedures established by the [State](/usc/42/6802.md?p=6) by which tenants may file complaints and [owners](/usc/42/13641.md?p=4), in response to such complaints, shall demonstrate that the rent increase concerned is related to matters other than the weatherization work performed; and
    - (D) no undue or excessive enhancement will occur to the value of such dwelling units.
  - (7) As a condition of having assistance provided under this part with respect to multifamily [buildings](/usc/42/6832.md?p=2), a [State](/usc/42/6802.md?p=6) may require financial participation from the [owners](/usc/42/13641.md?p=4) of such [buildings](/usc/42/6832.md?p=2).
- (c) **Failure of State to submit application; alternate application by any unit of general purpose local government or community action agency; submission of amended application by State—** If a [State](/usc/42/6802.md?p=6) does not, within 90 days after the date on which final regulations are promulgated under this section, submit an application to the [Secretary](/usc/42/6802.md?p=1) which meets the requirements set forth in [section 6864 of this title](/usc/42/6864.md), any [unit of general purpose local government](/usc/42/6832.md?p=12) of sufficient size (as determined by the [Secretary](/usc/42/6802.md?p=1)), or a community action [agency](/usc/42/8262.md?p=1) carrying out programs under title II of the Economic Opportunity Act of 1964 [[42 U.S.C. 2781](/usc/42/2781.md) et seq.], may, in lieu of such [State](/usc/42/6802.md?p=6), submit an application (meeting such requirements and subject to all other provisions of this part) for carrying out [projects](/usc/42/13641.md?p=2) under this part within the geographical area which is subject to the jurisdiction of such government or is served by such [agency](/usc/42/8262.md?p=1). A [State](/usc/42/6802.md?p=6) may, in accordance with regulations promulgated under this part, submit an amended application.
- (d) **Direct grants to low-income members of Indian tribal organizations or alternate service organizations; application for funds—**
  - (1) **Reservation of amounts—**
    - (A) **In general—** Subject to [subparagraph (B)](#d-1-B) and notwithstanding any other provision of this part, the [Secretary](/usc/42/6802.md?p=1) shall reserve from amounts that would otherwise be allocated to a [State](/usc/42/6802.md?p=6) under this part not less than 100 percent, but not more than 150 percent, of an amount which bears the same proportion to the [allocation](/usc/42/2021b.md?p=2) of that [State](/usc/42/6802.md?p=6) for the applicable fiscal year as the population of all [low-income](/usc/42/6862.md?p=7) members of an [Indian tribe](/usc/42/6862.md?p=6) in that [State](/usc/42/6802.md?p=6) bears to the population of all [low-income](/usc/42/6862.md?p=7) individuals in that [State](/usc/42/6802.md?p=6).
    - (B) **Restrictions—** [Subparagraph (A)](#d-1-A) shall apply only if—
      - (i) the [tribal organization](/usc/42/6862.md?p=6) serving the [low-income](/usc/42/6862.md?p=7) members of the applicable [Indian tribe](/usc/42/6862.md?p=6) requests that the [Secretary](/usc/42/6802.md?p=1) make a grant directly; and
      - (ii) the [Secretary](/usc/42/6802.md?p=1) determines that the [low-income](/usc/42/6862.md?p=7) members of the applicable [Indian tribe](/usc/42/6862.md?p=6) would be equally or better served by making a grant directly than a grant made to the [State](/usc/42/6802.md?p=6) in which the [low-income](/usc/42/6862.md?p=7) members reside.
    - (C) **Presumption—** If the [tribal organization](/usc/42/6862.md?p=6) requesting the grant is a tribally designated housing entity (as defined in [section 4103 of title 25](/usc/25/4103.md)) that has operated without material audit exceptions (or without any material audit exceptions that were not corrected within a 3-year period), the [Secretary](/usc/42/6802.md?p=1) shall presume that the [low-income](/usc/42/6862.md?p=7) members of the applicable [Indian tribe](/usc/42/6862.md?p=6) would be equally or better served by making a grant directly to the [tribal organization](/usc/42/6862.md?p=6) than by a grant made to the [State](/usc/42/6802.md?p=6) in which the [low-income](/usc/42/6862.md?p=7) members reside.
  - (2) **Administration—** The amounts reserved by the [Secretary](/usc/42/6802.md?p=1) under this subsection shall be granted to the [tribal organization](/usc/42/6862.md?p=6) serving the [low-income](/usc/42/6862.md?p=7) members of the [Indian tribe](/usc/42/6862.md?p=6), or, where there is no [tribal organization](/usc/42/6862.md?p=6), to such other entity as the [Secretary](/usc/42/6802.md?p=1) determines has the capacity to provide services pursuant to this part.
  - (3) **Application—** In order for a [tribal organization](/usc/42/6862.md?p=6) or other entity to be eligible for a grant for a fiscal year under this subsection, it shall submit to the [Secretary](/usc/42/6802.md?p=1) an application meeting the requirements set forth in [section 6864 of this title](/usc/42/6864.md).
- (e) **Transfer of funds—** Notwithstanding any other provision of law, the [Secretary](/usc/42/6802.md?p=1) may transfer to the [Director](/usc/42/6862.md?p=2) sums appropriated under this part to be utilized in order to carry out programs, under section 222(a)(12) of the Economic Opportunity Act of 1964 [[42 U.S.C. 2809(a)(12)](https://uscode.house.gov/view.xhtml?req=(/us/usc/t42/s2809/a/12))], which further the purpose of this part.

## Source credit

(Pub. L. 94–385, title IV, § 413, Aug. 14, 1976, 90 Stat. 1152; Pub. L. 95–619, title II, § 231(a)(2), (b)(1), Nov. 9, 1978, 92 Stat. 3224; Pub. L. 96–294, title V, §§ 573(b), 574, 577(2), June 30, 1980, 94 Stat. 759, 760; Pub. L. 98–479, title II, § 201(h), Oct. 17, 1984, 98 Stat. 2228; Pub. L. 100–418, title V, § 5115(c), Aug. 23, 1988, 102 Stat. 1433; Pub. L. 101–440, § 7(b), Oct. 18, 1990, 104 Stat. 1012; Pub. L. 103–82, title IV, § 405(l), Sept. 21, 1993, 107 Stat. 922; Pub. L. 115–325, title II, § 203, Dec. 18, 2018, 132 Stat. 4462; Pub. L. 116–260, div. Z, title I, § 1011(c), Dec. 27, 2020, 134 Stat. 2442.)

## Notes

### Editorial Notes

### References in Text

The Economic Opportunity Act of 1964, referred to in subsec. (c), 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. Prior to that repeal, section 222(a)(12) of that Act [42 U.S.C. 2809(a)(12)] was redesignated as section 222(a)(5) [42 U.S.C. 2809(a)(5)] by Pub. L. 95–568, § 5(a)(2)(E), Nov. 2, 1978, 94 Stat. 2426. For complete classification of this Act to the Code, see Tables.

### Amendments

2020—Subsec. (b)(3). Pub. L. 116–260, § 1011(c)(1), in introductory provisions, struck out “and with the Director of the Community Services Administration” after “Director described in paragraph (2)(A)” and, in concluding provisions, inserted “and by” after “in carrying out this part,” and struck out “, and the Director of the Community Services Administration in carrying out weatherization programs under section 222(a)(12) of the Economic Opportunity Act of 1964” after “section 1474(c) of this title”.

Subsec. (b)(4) to (7). Pub. L. 116–260, § 1011(c)(2), (3), added par. (4) and redesignated former pars. (4) to (6) as (5) to (7), respectively.

2018—Subsec. (d)(1). Pub. L. 115–325, § 203(1), added par. (1) and struck out former par. (1) which related to conditions for reserving funds for direct grants to provide assistance to low-income members of Indian tribes.

Subsec. (d)(2). Pub. L. 115–325, § 203(2), inserted heading, substituted “The amounts” for “The sums”, “low-income members of the Indian tribe” for “individuals for whom such a determination has been made”, and “as the Secretary determines” for “as he determines”, and struck out “on the basis of his determination” before “under this subsection”.

Subsec. (d)(3). Pub. L. 115–325, § 203(3), inserted heading.

1993—Subsec. (b)(1). Pub. L. 103–82 struck out “the Director of the ACTION Agency,” after “Labor,”.

1990—Subsec. (b)(2)(B), (C). Pub. L. 101–440, § 7(b)(1), added subpars. (B) and (C) and struck out former subpar. (B) which read as follows: “designed to insure that (i) the benefits of weatherization assistance in connection with leased dwelling units will accrue primarily to low-income tenants; (ii) the rents on such dwelling units will not be raised because of any increase in the value thereof due solely to weatherization assistance provided under this part; and (iii) no undue or excessive enhancement will occur to the value of such dwelling units.”

Subsec. (b)(5), (6). Pub. L. 101–440, § 7(b)(2), added pars. (5) and (6).

1988—Subsec. (b)(2)(A). Pub. L. 100–418 substituted “National Institute of Standards and Technology” for “National Bureau of Standards”.

1984—Subsec. (b)(1), (2)(A). Pub. L. 98–479 substituted “Health and Human Services” for “Health, Education, and Welfare”.

1980—Subsecs. (a), (b)(1), (3). Pub. L. 96–294, § 577(2), substituted “Secretary” for “Administrator” wherever appearing.

Subsec. (b)(4). Pub. L. 96–294, § 574, added par. (4).

Subsec. (c). Pub. L. 96–294, §§ 573(b), 577(2), substituted “Secretary” for “Administrator” wherever appearing, and struck out provisions relating to determinations respecting inapplicability of allocation requirement and priority for an applicable community action agency.

Subsecs. (d), (e). Pub. L. 96–294, § 577(2), substituted “Secretary” for “Administrator” wherever appearing.

1978—Subsec. (a). Pub. L. 95–619, § 231(a)(2), substituted “occupied by low-income families” for “in which the head of the household is a low-income person”.

Subsec. (b)(3). Pub. L. 95–619, § 231(b)(1), added par. (3).

### Statutory Notes and Related Subsidiaries

### Effective Date of 1993 Amendment

Amendment by Pub. L. 103–82 effective Apr. 4, 1994, see section 406(b) of Pub. L. 103–82, set out as a note under section 8332 of Title 5, Government Organization and Employees.

### Weatherization Assistance Grants Cost Sharing

Pub. L. 106–291, title II, Oct. 11, 2000, 114 Stat. 976, provided in part: “That, hereafter, Indian tribal direct grantees of weatherization assistance shall not be required to provide matching funds.”

Provisions of Pub. L. 106–113, div. B, § 1000(a)(3) [title II], Nov. 29, 1999, 113 Stat. 1535, 1501A–180, which provided that sums appropriated for weatherization assistance grants were to be contingent on a cost share of 25 percent by each participating State or other qualified participant, were repealed by Pub. L. 106–469, title VI, § 601(a), Nov. 9, 2000, 114 Stat. 2040.

### 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.