§ 6862. Definitions

Footnotes

1. 1 See References in Text note below.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 1976

   Energy Conservation in Existing Buildings Act of 1976

   Pub. L. 94–385 title IV § 412 · 90 Stat. 1125

   Enacted · 42 U.S.C. § 6862

   Pub. L. 94–385, title IV, § 412, Aug. 14, 1976, 90 Stat. 1152

   Source evidence

   Code source credit
   Pub. L. 94–385, title IV, § 412, Aug. 14, 1976, 90 Stat. 1152

   Enacted provision · exact public law section
   Sec. 412. definitions 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 29 USC 706. 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 42 USC 1382c, 423. 42 USC 6001. 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 42 USC 3002. 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 42 USC 601, 1381. 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 weather-stripping, but not including mechanical equipment valued in excess of $50 per dwelling unit.

2. 1978

   Rehabilitation, Comprehensive Services, and Developmental Disabilities Amendments of 1978

   Pub. L. 95–602 title I § 122(e) · 92 Stat. 2955

   Substituted · 42 U.S.C. § 6862(5)

   Pub. L. 95–602 substituted “section 7(7) of the Rehabilitation Act of 1973” for “section 7(6) of the Rehabilitation Act of 1973”

   Source evidence

   Code amendment note
   Par. (5). Pub. L. 95–602 substituted “section 7(7) of the Rehabilitation Act of 1973” for “section 7(6) of the Rehabilitation Act of 1973”.

   Enacted provision · exact public law section
   (e) Section 412 of the Energy Conservation and Production Act is 42 USC 6862. amended by striking out “as defined in section 7(6)” and inserting in lieu thereof “as defined in section 7(7)”.

3. 1978

   Pub. L. 95–619 § 231(a)(1) · 92 Stat. 3206

   1. Inserted · 42 U.S.C. § 6862(7)(A)

      Pub. L. 95–619, § 231(a)(1), inserted “125 percent of” after “at or below”

   2. Inserted · 42 U.S.C. § 6862(7)(A)

      Pub. L. 95–619, § 231(a)(1), 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

   Source evidence

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

   Enacted provision · exact public law section
   (1) Section 412(7) (A) of the Energy Conservation 42 USC 6862. in Existing Buildings Act of 1976 is amended— (A) by inserting “125 percent of” after “is at or below”; and (B) by inserting after “Budget,” the following: “except that the Administrator may establish a higher level if the Administrator, 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 section 222(a) (12) of the 42 USC 2809. 42 USC 6863. Economic Opportunity Act of 1964,”.

4. 1978

   Pub. L. 95–619 § 231(b)(2) · 92 Stat. 3206

   Substituted · 42 U.S.C. § 6862(9)

   Pub. L. 95–619, § 231(b)(2), 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

   Source evidence

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

   Enacted provision · exact public law section
   (2) Section 412(9) of such Act is amended to read as follows: 42 USC 6862. “(9) The term ‘weatherization materials’ means— “Weatherization materials.” “(A) caulking and weatherstripping of doors and windows; “(B) furnace efficiency modifications limited to— “(i) replacement burners designed to substantially increase the energy efficiency of the heating system, “(ii) devices for modifying flue openings which will increase the energy efficiency of the heating system, 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; and “(G) such other insulating or energy conserving devices or technologies as the Administrator may determine, by rule, after consulting with the Secretary of Housing and Urban Development, the Secretary of Agriculture, and the Director of the Community Services Administration.”.

5. 1980

   Energy Security Act

   Pub. L. 96–294 § 577(1) · 94 Stat. 611

   Substituted · 42 U.S.C. § 6862(1)

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

   Source evidence

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

   Enacted provision · exact public law section
   (1) by striking out section 412(1) and inserting in lieu thereof the following: “(1) The term ‘Secretary’ means the Secretary of Energy.”;

6. 1980

   Energy Security Act

   Pub. L. 96–294 § 577(2) · 94 Stat. 611

   Substituted · 42 U.S.C. § 6862(7); 42 U.S.C. § 6862(9)(G)

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

   Source evidence

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

   Enacted provision · exact public law section
   (2) by striking out “Administrator” each time it appears therein and inserting in lieu thereof “Secretary”; and

7. 1984

   Human Services Reauthorization Act

   Pub. L. 98–558 § 401 · 98 Stat. 2878

   Added · 42 U.S.C. § 6862(7)(C)

   Pub. L. 98–558, § 401, added cl. (C)

   Source evidence

   Code amendment note
   Par. (7)(C). Pub. L. 98–558, § 401, added cl. (C).

   Enacted provision · exact public law section
   Sec. 401. state election of liheap income eligibility level Section 412(7) of the Energy Conservation in Existing Buildings Act of 1976 (42 U.S.C. 6862(7)) is amended by striking out “or” before the beginning of clause (B), by striking out the period at the end of the paragraph and inserting in lieu thereof a comma, and by adding at the end of the paragraph “or (C) if a State elects, is the basis for eligibility for assistance under the Low-Income Home Energy Assistance Act of 1981 (42 U.S.C. 8621), provided that such basis is at least 125 percent of the poverty level determined in accordance with criteria established by the Director of the Office of Management and Budget.”.

8. 1984

   Human Services Reauthorization Act

   Pub. L. 98–558 § 402(1) · 98 Stat. 2878

   1. Changed · 42 U.S.C. § 6862(9)(B)

      Pub. L. 98–558, § 402(1), in amending subpar. (B) generally

   2. Substituted · 42 U.S.C. § 6862(9)(B)

      Pub. L. 98–558, § 402(1), in substituted “, including, but not limited to” for “limited to” in cl. (ii)

   3. Substituted · 42 U.S.C. § 6862(9)(B)

      Pub. L. 98–558, § 402(1), in substituted “, furnaces, or boilers or any combination thereof” for “designed to substantially increase the energy efficiency of the heating system,” in cl. (ii)

   4. Substituted · 42 U.S.C. § 6862(9)(B)

      Pub. L. 98–558, § 402(1), in substituted “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)

   Source evidence

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

   Enacted provision · exact public law section
   (1) amending paragraph (B) to read as follows: “(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;”; and

9. 1984

   Human Services Reauthorization Act

   Pub. L. 98–558 § 402(2) · 98 Stat. 2878

   Struck · 42 U.S.C. § 6862(9)(C)

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

   Source evidence

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

   Enacted provision · exact public law section
   (2) striking out “by rule” in paragraph (G).

10. 1988

    Housing and Community Development Act of 1987

    Pub. L. 100–242 title V § 570(d) · 101 Stat. 1815

    Substituted · 42 U.S.C. § 6862(9)(G)

    Pub. L. 100–242 substituted a single comma for two consecutive commas after “determine”

    Source evidence

    Code amendment note
    Par. (9)(G). Pub. L. 100–242 substituted a single comma for two consecutive commas after “determine”.

    Enacted provision · exact public law section
    (d) Weatherization Assistance.— Section 412(9)(G) of the Energy 42 USC 6862. Conservation in Existing Buildings Act of 1976 is amended by striking the first comma after “determine”.

11. 1990

    State Energy Efficiency Programs Improvement Act of 1990

    Pub. L. 101–440 § 7(a) · 104 Stat. 1006

    1. Added · 42 U.S.C. § 6862(9)(G); 42 U.S.C. § 6862(9)(H)

       Pub. L. 101–440 added subpar. (G)

    2. Redesignated · 42 U.S.C. § 6862(9)(G); 42 U.S.C. § 6862(9)(H)

       Pub. L. 101–440 redesignated former subpar. (G) as (H)

    Source evidence

    Code amendment note
    Par. (9)(G), (H). Pub. L. 101–440 added subpar. (G) and redesignated former subpar. (G) as (H).

    Enacted provision · exact public law section
    (a) Cooling Materials.— Section 412(9) of the Energy Conservation and Production Act (42 U.S.C. 6862(9)) is amended— (1) by striking out “and” at the end of subparagraph (F); (2) by redesignating subparagraph (G) as subparagraph (H); and (3) by adding after subparagraph (F) the following: “(G) cooling efficiency modifications, including, but not limited to, replacement air-conditioners, ventilation equipment, screening, window films, and shading devices; and”.

12. 1992

    Energy Policy Act of 1992

    Pub. L. 102–486 title I § 142(b) · 106 Stat. 2776

    1. Added · 42 U.S.C. § 6862(9)(G)(J)

       Pub. L. 102–486 realigned margin of subpar. (G), added subpars. (H) and (I)

    2. Redesignated · 42 U.S.C. § 6862(9)(G)(J)

       Pub. L. 102–486 realigned margin of subpar. (G), redesignated former subpar. (H) as (J)

    Source evidence

    Code amendment note
    Par. (9)(G) to (J). Pub. L. 102–486 realigned margin of subpar. (G), added subpars. (H) and (I), and redesignated former subpar. (H) as (J).

    Enacted provision · exact public law section
    (b) Use of Solar Thermal Water Heaters and Wood-Burning Heating Appliances for Low-Income Weatherization.— Section 412(9) of the Energy Conservation and Production Act (42 U.S.C. 6862(9)) is amended— (1) by moving subparagraph (G) 2–ems to the right and by striking “and”; (2) by redesignating subparagraph (H) as subparagraph (J); and (3) by inserting after subparagraph (G), the following: “(H) solar thermal water heaters; “(I) wood-heating appliances; and”.

13. 1998

    Rehabilitation Act Amendments of 1998

    Pub. L. 105–220 title IV § 414(f) · 112 Stat. 936

    Substituted · 42 U.S.C. § 6862(5)(A)

    Pub. L. 105–220 substituted “an individual with a disability, as defined in section 705 of title 29” for “a handicapped individual as defined in section 7(7) of the Rehabilitation Act of 1973”

    Source evidence

    Code amendment note
    Par. (5)(A). Pub. L. 105–220 substituted “an individual with a disability, as defined in section 705 of title 29” for “a handicapped individual as defined in section 7(7) of the Rehabilitation Act of 1973”.

    Enacted provision · exact public law section
    (f) Energy Conservation and Production Act.— Section412(5) of the Energy Conservation and Production Act (42 U.S.C.6862(5)) is amended by striking “a handicapped individual as defined in section 7(7) of the Rehabilitation Act of 1973” and inserting “an individual with a disability, as defined in section 7 of the Rehabilitation Act of 1973”.

14. 2005

    Energy Policy Act of 2005

    Pub. L. 109–58 title I § 122(b) · 119 Stat. 594

    Substituted · 42 U.S.C. § 6862(7)

    Pub. L. 109–58 substituted “150 percent” for “125 percent” in two places

    Source evidence

    Code amendment note
    Par. (7). Pub. L. 109–58 substituted “150 percent” for “125 percent” in two places.

    Enacted provision · exact public law section
    (b) Eligibility.— Section 412(7) of the Energy Conservation and Production Act (42 U.S.C. 6862(7)) is amended by striking “125 percent” both places it appears and inserting “150 percent”.

15. 2006

    Pub. L. 109–365 title IX § 901(b) · 120 Stat. 2599

    Struck · 42 U.S.C. § 6862(6)

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

    Unresolved: Pub. L. 109–365 was not found in the local Statutes at Large index.

    Source evidence

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

16. 2007

    Energy Independence and Security Act of 2007

    Pub. L. 110–140 title IV § 411(c) · 121 Stat. 1492

    1. Added · 42 U.S.C. § 6862(8)

       Pub. L. 110–140 added par. (8)

    2. Struck · 42 U.S.C. § 6862(8)

       Pub. L. 110–140 struck out former par. (8) which read as follows: “The term ‘State’ means each of the States and the District of Columbia.”

    Source evidence

    Code amendment note
    Par. (8). Pub. L. 110–140 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.”

    Enacted provision · exact public law section
    (c) Definition of State.— Section 412 of the Energy Conservation and Production Act (42 U.S.C. 6862) is amended by striking paragraph (8) and inserting the following: “(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.” .

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

17. 2009

    American Recovery and Reinvestment Act of 2009

    Pub. L. 111–5 div. A title IV § 407(a) · 123 Stat. 115

    Substituted · 42 U.S.C. § 6862(7)

    Pub. L. 111–5 substituted “200 percent” for “150 percent” in two places

    Source evidence

    Code amendment note
    Par. (7). Pub. L. 111–5 substituted “200 percent” for “150 percent” in two places.

    Enacted provision · exact public law section
    (a) Income Level.— Section 412(7) of the Energy Conservation and Production Act (42 U.S.C. 6862(7)) is amended by striking “150 percent” both places it appears and inserting “200 percent”.

18. 2020

    Energy Act of 2020

    Pub. L. 116–260 div. Z title I § 1011(b) · 134 Stat. 1182

    1. Inserted · 42 U.S.C. § 6862(9)(J)

       Pub. L. 116–260 inserted “, including renewable energy technologies and other advanced technologies,” after “devices or technologies”

    2. Struck · 42 U.S.C. § 6862(9)(J)

       Pub. L. 116–260 struck out “, the Secretary of Agriculture, and the Director, of the Community Services Administration” before period at end

    Source evidence

    Code amendment note
    Par. (9)(J). Pub. L. 116–260 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.

    Enacted provision · exact public law section
    (b) Modernizing the Definition of Weatherization Materials.— Section 412(9)(J) of the Energy Conservation and Production Act (42 U.S.C. 6862(9)(J)) is amended— (1) by inserting “, including renewable energy technologies and other advanced technologies,” after “devices or technologies”; and (2) by striking “, the Secretary of Agriculture, and the Director of the Community Services Administration”.

25 of 26 references resolved to an enrolled provision · 1 unresolved