GRANTS SEC. 307. (a) The Secretary may make grants to States and units of 42 USC 6836. general purpose local government to assist them in meeting the costs of adopting and implementing performance standards or of administering State certification procedures or any applicable approval process to carry out the provisions of section 305. (b) There is authorized to be appropriated for the purpose of carry- Appropriation ing out this section, not to exceed $5,000,000 for the fiscal year ending authorization. September 30, 1977. Any amount appropriated pursuant to this sub section shall remain available until expended. TECHNICAL ASSISTANCE SEC. 308. The Secretary (directly, by contract, or otherwise) may 42 USC 6837. provide technical assistance to States and units of general purpose local government to assist them in meeting the requirements of this title. CONSULTATION WITH INTERESTED AND AFFECTED GROUPS SEC. 309. In developing and promulgating performance standards 42 USC 6838. and carrying out other functions under this title, the Secretary shall consult with appropriate representatives of the building community (including representatives of labor and the construction industry, engineers, and architects), with appropriate public officials and organizations of public officials, and with representatives of consumer groups. For purposes of such consultation, the Secretary shall, to the extent practicable, make use of the National Institute of Building Sciences. The Secretary may also establish one or more advisory committees as may be appropriate. Any advisory committee or committees established pursuant to this section shall be subject to the provisions of the Federal Advisory Committee Act. SUPPORT ACTIVITIES Advisory com- SEC. 310. The Secretary, in cooperation with the Administrator, the 42 USC 6839. Secretary of Commerce utilizing the services of the Director of the National Bureau of Standards, and the heads of other appropriate Federal agencies, and the National Institute of Building Sciences, shall carry out any activities which the Secretary determines may be necessary or appropriate to assist in the development of performance standards under section 304 (a) and to facilitate the implementation of such standards by State and local governments. Such activities shall be designed to assure that such standards are adequately analyzed in terms of energy efficiency, stimulation of use of nondepletable sources of energy, institutional resources, habitability, economic cost and benefit, and impact upon affected groups. MONITORING OF STATE AND LOCAL ADOPTION OF ENERGY CONSERVATION SEC. 311. The Secretary, with the advice and assistance of the 42 USC 6840. National Institute of Building Sciences, shall (1) monitor the progress made by the States and their political subdivisions in adopting and enforcing energy conservation standards for new buildings; (2) identify any procedural obstacles or technical constraints inhibiting implementation of such standards; Report to (3) evaluate the effectiveness of such prevailing standards; and (4) within 12 months after the date of enactment of this title, and semiannually thereafter, report to the Congress on (A) the progress of the States and units of general purpose local government in adopting and implementing energy conservation standards for new buildings, and (B) the effectivensss of such standards. Energy Conserva-TITLE IV-ENERGY CONSERVATION AND RENEWABLEtion in Existing RESOURCE ASSISTANCE FOR EXISTING BUILDINGS Buildings Act of 1976. 42 USC 6851 note. 42 USC 6851. SHORT TITLE SEC. 401. This title may be cited as the "Energy Conservation in Existing Buildings Act of 1976". FINDINGS AND PURPOSE SEC. 402. (a) The Congress finds that (1) the fastest, most cost-effective, and most environmentally sound way to prevent future energy shortages in the United States, while reducing the Nation's dependence on imported energy supplies, is to encourage and facilitate, through major programs, the implementation of energy conservation and renewable-resource energy measures with respect to dwelling units, nonresidential buildings, and industrial plants; (2) current efforts to encourage and facilitate such measures are inadequate as a consequence of (A) a lack of adequate and available financing for such measures, particularly with respect to individual consumers and owners of small businesses; (B) a shortage of reliable and impartial information and advisory services pertaining to practicable energy conservation measures and renewable-resource energy measures and the cost savings that are likely if they are implemented in such units, buildings, and plants; and (C) the absence of organized programs which, if they existed, would enable consumers, especially individuals and owners of small businesses, to undertake such measures easily and with confidence in their economic value; (3) major programs of financial incentives and assistance for energy conservation measures and renewable-resource energy measures in dwelling units, nonresidential buildings, and industrial plants would (A) significantly reduce the Nation's demand for energy and the need for petroleum imports; (B) cushion the adverse impact of the high price of energy supplies on consumers, particularly elderly and handicapped low-income persons who cannot afford to make the modifications necessary to reduce their residential energy use; and (C) increase, directly and indirectly, job opportunities and national economic output; (4) the primary responsibility for the implementation of such major programs should be lodged with the governments of the States; the diversity of conditions among the various States and regions of the Nation is sufficiently great that a wholly federally administered program would not be as effective as one which is tailored to meet local requirements and to respond to local opportunities; the State should be allowed flexibility within which to fashion such programs, subject to general Federal guidelines and monitoring sufficient to protect the financial investments of consumers and the financial interest of the United States and to insure that the measures undertaken in fact result in significant energy and cost savings which would probably not otherwise occur; (5) to the extent that direct Federal administration is more economical and efficient, direct Federal financial incentives and assistance should be extended through existing and proven Federal programs rather than through new programs that would necessitate new and separate administrative bureaucracies; and (6) such programs should be designed and administered to supplement, and not to supplant or in any other way conflict with, State energy conservation programs under part C of title III of the Energy Policy and Conservation Act; the emergency energy 42 USC 6321. conservation program carried out by community action agencies pursuant to section 222 (a) (12) of the Economic Opportunity Act of 1964; and other forms of assistance and encouragement for 42 USC 2809. energy conservation. (b) It is, therefore, the purpose of this title to encourage and facilitate the implementation of energy conservation measures and renewable-resource energy measures in dwelling units, nonresidential buildings, and industrial plants, through (1) supplemental State energy conservation plans; and PART A-WEATHERIZATION ASSISTANCE FOR LOW-INCOME PERSONS FINDINGS AND PURPOSE SEC. 411. (a) The Congress finds that (1) dwellings owned or occupied by low-income persons frequently are inadequately insulated; (2) low-income persons, particularly elderly and handicapped low-income persons, can least afford to make the modifications necessary to provide for adequate insulation in such dwellings and to otherwise reduce residential energy use; (3) weatherization of such dwellings would lower utility expenses for such low-income owners or occupants as well as save thousands of barrels per day of needed fuel; and 42 USC 6861. (4) States, through community action agencies established under the Economic Opportunity Act of 1964 and units of general 42 USC 2701 purpose local government, should be encouraged, with Federal note. financial and technical assistance, to develop and support coordinated weatherization programs designed to ameliorate the adverse effects of high energy costs on such low-income persons, to supplement other Federal programs serving such persons, and to conserve energy. (b) It is, therefore, the purpose of this part to develop and implement a supplementary weatherization assistance program to assist in achieving a prescribed level of insulation in the dwellings of lowincome persons, particularly elderly and handicapped low-income persons, in order both to aid those persons least able to afford higher utility costs and to conserve needed energy. 42 USC 6862. 29 USC 706. 42 USC 1382c, 423. 42 USC 6001. 42 USC 3002. 42 USC 601, 1381. Grants. 42 USC 6863. DEFINITIONS SEC. 412. As used in this part: (1) The term "Administrator" means the Administrator of the Federal Energy Administration; except that after such Administration ceases to exist, such term means any officer of the United States designated by the President for purposes of this part. (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 a handicapped individual as defined in section 7(6) of the Rehabilitation Act of 1973, (B) who is under a disability as defined in section 1614 (a) (3)(A) or 223(d)(1) of the Social Security Act 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, United States Code. (6) The terms "Indian", "Indian tribe", and "tribal organization" have the meanings prescribed for such terms by paragraphs (4), (5), and (6), respectively, of section 102 of the Older Americans Act of 1965. (7) The term "low-income" means that income in relation to family size which (A) is at or below the poverty level determined in accordance with criteria established by the Director of the Office of Management and Budget, or (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 or applicable State or local law. (8) The term "State" means each of the States and the District of Columbia. (9) The term "weatherization materials" means items primarily designed to improve the heating or cooling efficiency of a dwelling unit, including, but not limited to, ceiling, wall, floor, and duct insulation, storm windows and doors, and caulking and weatherstripping, but not including mechanical equipment valued in excess of $50 per dwelling unit. WEATHERIZATION PROGRAM SEC. 413. (a) The Administrator shall develop and conduct, in accordance with the purpose and provisions of this part, a weatherization program. In developing and conducting such program, the Administrator may, in accordance with this part and regulations promulgated under this part, make grants (1) to States, and (2) in accordance with the provisions of subsection (d), to Indian tribal organizations to serve Native Americans. Such grants shall be made for the purpose of providing financial assistance with regard to projects designed to provide for the weatherization of dwelling units, particularly those where elderly or handicapped low-income persons reside, in which the head of the household is a low-income person. (b) (1) The Administrator, after consultation with the Director, the Secretary of Housing and Urban Development, the Secretary of Health, Education, and Welfare, the Secretary of Labor, the Director ter. of the ACTION Agency, and the heads of such other Federal depart- Proposed ments and agencies as the Administrator deems appropriate, shall regulations, develop and publish in the Federal Register for public comment, not publication in later than 60 days after the date of enactment of this part, proposed Federal Regisregulations to carry out the provisions of this part. The Administrator 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 the date of such enactment. The development of regulations under this part shall be fully coordinated with the Director. (2) The regulations promulgated pursuant to this section shall include provisions— (A) prescribing, in coordination with the Secretary of Housing and Urban Development, the Secretary of Health, Education, and Welfare, and the Director of the National Bureau of Standards in the Department of Commerce, for use in various climatic, structural, and human need settings, standards for weatherization materials, energy conservation techniques, and balanced combinations thereof, which are designed to achieve a balance of a healthful dwelling environment and maximum practicable energy conservation; and (B) 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. (c) If a State does not, within 90 days after the date on which Applications, final regulations are promulgated under this section, submit an appli- submittal by cation to the Administrator which meets the requirements set forth States. in section 414, any unit of general purpose local government of sufficient size (as determined by the Administrator), or a community action agency carrying out programs under title II of the Economic Opportunity Act of 1964, may, in lieu of such State, submit an appli- 42 USC 2781 cation (meeting such requirements and subject to all other provisions et seq. of this part) for carrying out projects under this part within the geographical area which is subject to the jurisdiction of such government or is served by such agency. If any such application submitted by a unit of general purpose local government proposes that the allocation requirement and the priority for an applicable community action agency, as set forth under section 415(b) (2) (B), be determined to be no longer applicable, the Administrator, as part of the notice and public hearing procedure carried out under section 418 with respect to such application, shall be responsible for making the necessary determination under the proviso in section 415(b) (2) (B). A State may, in accordance with regulations promulgated under this part, submit an amended application. (d) (1) Notwithstanding any other provision of this part, in any State in which the Administrator determines (after having taken into account the amount of funds made available to the State to carry out the purposes of this part) that the low-income members of an Indian tribe are not receiving benefits under this part that are equivalent to the assistance provided to other low-income persons in such State under this part, and if he further determines that the members of such tribe would be better served by means of a grant made directly to provide such assistance, he shall reserve from sums that would otherwise be |