- United States Code
- Title 42
- Chapter 94 - Low-Income Energy Assistance
SUBCHAPTER I - HOME ENERGY ASSISTANCE
SUBCHAPTER II - LOW-INCOME HOME ENERGY ASSISTANCE
- 8621. Home energy grants.
- 8622. Definitions.
- 8623. State allotments.
- 8624. Applications and requirements.
- 8625. Nondiscrimination provisions.
- 8626. Payments to States; fiscal year requirements respecting availability, etc.
- 8626a. Incentive program for leveraging non-Federal resources.
- 8626b. Residential Energy Assistance Challenge option (R.E.A.Ch.).
- 8627. Withholding of funds.
- 8628. Limitation on use of grants for construction.
- 8628a. Technical assistance and training.
- 8629. Studies and reports.
Sec. 8621. Home energy grants
(a) Authorization
The Secretary is authorized to make grants, in accordance with the
provisions of this subchapter, to States to assist low-income
households, particularly those with the lowest incomes, that pay a high
proportion of household income for home energy, primarily in meeting
their immediate home energy needs.
(b) Authorization of appropriations
There are authorized to be appropriated to carry out the provisions
of this subchapter (other than section 8626a of this title),
$2,000,000,000 for each of fiscal years 1995 through 1999. The
authorizations of appropriations contained in this subsection are
subject to the program year provisions of subsection (c) of this
section.
(c) Program year restrictions
(1) In fiscal year 1993 and each fiscal year thereafter, amounts
appropriated under this section for any fiscal year for programs and
activities under this subchapter shall be made available for obligation
only on the basis of a program year. The program year shall begin on
October 1 of the fiscal year following the year in which the
appropriation is made.
(2) Amounts appropriated for fiscal year 1993 shall be available
both to fund activities for the period between October 1, 1992, and July
1, 1993, and for the program year beginning July 1, 1993.
(3) There are authorized to be appropriated such additional sums as
may be necessary for the transition to carry out this subsection.
(d) Authorization of appropriations for leveraged resources
There are authorized to be appropriated to carry out section 8626a
of this title, $50,000,000 for each of the fiscal years 1996 and 1997,
and such sums as may be necessary for each of the fiscal years 1998 and
1999.
(e) Emergency funds
There are authorized to be appropriated in each fiscal year for
payments under this subchapter, in addition to amounts appropriated for
distribution to all the States in accordance with section 8623 of this
title (other than subsection (g)), $600,000,000 to meet the additional
home energy assistance needs of one or more States arising from a
natural disaster or other emergency. Funds appropriated pursuant to this
subsection are hereby designated to be emergency requirements pursuant
to section 251(b)(2)(D) of the Balanced Budget and Emergency Deficit
Control Act of 1985 [2 U.S.C. 901(b)(2)(D)], except that such funds
shall be made available only after the submission to Congress of a
formal budget request by the President (for all or a part of the
appropriation pursuant to this subsection) that includes a designation
of the amount requested as an emergency requirement as defined in such
Act [2 U.S.C. 900 et seq.].
(Pub. L. 97-35, title XXVI, Sec. 2602, Aug. 13, 1981, 95 Stat. 893; Pub.
L. 98-558, title VI, Sec. 601, Oct. 30, 1984, 98 Stat. 2889; Pub. L. 99-
425, title V, Sec. 501, Sept. 30, 1986, 100 Stat. 973; Pub. L. 101-501,
title VII, Secs. 701, 702, 707(b), Nov. 3, 1990, 104 Stat. 1258, 1261;
Pub. L. 103-43, title XX, Sec. 2011, June 10, 1993, 107 Stat. 214; Pub.
L. 103-252, title III, Secs. 302-304(a), 311(c)(1), May 18, 1994, 108
Stat. 657, 658, 661.)
References in Text
The Balanced Budget and Emergency Deficit Control Act of 1985,
referred to in subsec. (e), is title II of Pub. L. 99-177, Dec. 12,
1985, 99 Stat. 1038, as amended, which enacted chapter 20 (Sec. 900 et
seq.) and sections 654 to 656 of Title 2, The Congress, amended sections
602, 622, 631 to 642, and 651 to 653 of Title 2, sections 1104 to 1106,
and 1109 of Title 31, Money and Finance, and section 911 of this title,
repealed section 661 of Title 2, enacted provisions set out as notes
under section 900 of Title 2 and section 911 of this title, and amended
provisions set out as a note under section 621 of Title 2. For complete
classification of this Act to the Code, see Short Title note set out
under section 900 of Title 2 and Tables.
Amendments
1994--Subsec. (a). Pub. L. 103-252, Sec. 302, amended subsec. (a)
generally. Prior to amendment, subsec. (a) read as follows: ``The
Secretary of Health and Human Services is authorized to make grants, in
accordance with the provisions of this subchapter, to States to assist
eligible households to meet the costs of home energy.''
Subsec. (b). Pub. L. 103-252, Secs. 303(a)(1), 311(c)(1)(A),
substituted ``this subchapter (other than section 8626a of this title),
$2,000,000,000 for each of fiscal years 1995 through 1999'' for ``this
subchapter (other than section 8626a of this title) $2,307,000,000 for
fiscal year 1990, $2,150,000,000 for fiscal year 1991, $2,230,000,000
for fiscal year 1992, and such sums as may be necessary for each of the
fiscal years 1993, 1994, and 1995'' and struck out second period at end.
Subsec. (c)(1). Pub. L. 103-252, Sec. 311(c)(1)(B), made technical
amendment to reference to this subchapter to correct reference to
corresponding provision of original act.
Pub. L. 103-252, Sec. 303(a)(2), which directed the substitution of
``October 1'' for ``July 1'' and ``following the year in which'' for
``for which'' in last sentence of subsec. (c), was executed by making
the substitutions in last sentence of subsec. (c)(1) to reflect the
probable intent of Congress.
Subsec. (d). Pub. L. 103-252, Sec. 303(b), amended subsec. (d)
generally. Prior to amendment, subsec. (d) read as follows: ``There are
authorized to be appropriated to carry out section 8626a of this title,
$25,000,000 in fiscal year 1992, and $50,000,000 for each of the fiscal
years 1993, 1994, and 1995.''
Subsec. (e). Pub. L. 103-252, Sec. 304(a), added subsec. (e).
1993--Subsec. (b). Pub. L. 103-43, Sec. 2011(1), substituted ``1993,
1994, and 1995'' for ``1993 and 1994''.
Subsec. (d). Pub. L. 103-43, Sec. 2011(2), substituted ``for each of
the fiscal years 1993, 1994, and 1995'' for ``in each of the fiscal
years 1993 and 1994''.
1990--Subsec. (b). Pub. L. 101-501, Sec. 707(b)(1), which directed
the amendment of this section by inserting ``(other than section 8626a
of this title)'' after ``subchapter'', was executed to subsec. (b) to
reflect the probable intent of Congress.
Pub. L. 101-501, Sec. 702, struck out ``$2,050,000,000 for fiscal
year 1987, $2,132,000,000 for fiscal year 1988, $2,218,000,000 for
fiscal year 1989, and'' before ``$2,307,000,000'' and inserted ``,
$2,150,000,000 for fiscal year 1991, $2,230,000,000 for fiscal year
1992, and such sums as may be necessary for each of the fiscal years
1993 and 1994. The authorizations of appropriations contained in this
subsection are subject to the program year provisions of subsection (c)
of this section.'' after ``1990''.
Subsec. (c). Pub. L. 101-501, Sec. 701, added subsec. (c).
Subsec. (d). Pub. L. 101-501, Sec. 707(b)(2), added subsec. (d).
1986--Subsec. (b). Pub. L. 99-425 amended subsec. (b) generally.
Prior to amendment, subsec. (b) read as follows: ``There is authorized
to be appropriated to carry out the provisions of this subchapter
$2,140,000,000 for the fiscal year 1985, and $2,275,000,000 for the
fiscal year 1986.''
1984--Subsec. (b). Pub. L. 98-558 substituted ``$2,140,000,000 for
fiscal year 1985, and $2,275,000,000 for fiscal year 1986'' for
``$1,875,000,000 for each of fiscal years 1982, 1983, and 1984''.
Effective Date of 1994 Amendment
Section 314 of title III of Pub. L. 103-252 provided that: ``The
amendments and repeals made by this title [see Short Title of 1994
Amendment note below] shall become effective on October 1, 1994.''
Effective Date of 1990 Amendment
Section 1001 of Pub. L. 101-501 provided that:
``(a) General Effective Date.--Except as provided in subsection (b),
this Act and the amendments made by this Act [see Tables for
classification] shall take effect on October 1, 1990.
``(b) Special Effective Dates.--(1) The amendment made by section
207(b) [repealing a provision set out as a note preceding section 9861
of this title] shall take effect immediately before October 1, 1990.
``(2) Section 646(b) of the Head Start Act [section 9841(b) of this
title], as added by section 115, shall take effect on April 1, 1990.''
Effective Date of 1986 Amendment
Section 1001 of Pub. L. 99-425 provided that:
``(a) General Effective Date.--Except as provided in subsections (b)
and (c), this Act and the amendments made by this Act [enacting sections
8628a, 9812a, 9910b, and 10901 to 10905 of this title, amending this
section, sections 8623, 8624, 8629, 9803, 9834, 9835, 9837, 9840, 9862,
9867, 9871, 9874, 9877, 9901 to 9904, 9905a, 9908 to 9910, and 9910a of
this title and section 4033 of Title 20, Education, enacting provisions
set out as notes under this section and sections 8623, 9801, and 10901
of this title, and amending provisions set out as notes under section
9861 of this title and section 1932 of Title 7, Agriculture] shall take
effect on October 1, 1986, or the date of the enactment of this Act
[Sept. 30, 1986], whichever occurs later.
``(b) Effective Date for Energy Crisis Intervention Amendments.--The
amendments made by section 502(a) [amending section 8623 of this title
and enacting provisions set out as a note under section 8623 of this
title] shall take effect on December 1, 1986, or 60 days after the date
of the enactment of this Act [Sept. 30, 1986], whichever occurs later.
``(c) Application of Certain Other Amendments Relating to Energy
Assistance.--The amendments made by subsections (a), (b), (c), and (d)
of section 504 [amending section 8624 of this title] shall not apply
with respect to any fiscal year beginning in or before the 60-day period
ending on the effective date of this Act [Oct. 1, 1986].''
Effective Date of 1984 Amendment
Section 609 of Pub. L. 98-558 provided that:
``(a) Except as provided in subsections (b), (c), and (d), the
amendments made by this title [amending this section and sections 8622
to 8624, 8626, 8627, and 8629 of this title] shall take effect on the
date of enactment of this Act [Oct. 30, 1984].
``(b) The amendments made by section 605 [amending section 8624 of
this title] shall take effect on the first day of the first fiscal year
beginning after the date of the enactment of this Act [Oct. 30, 1984].
``(c) The amendments made by section 606 [amending section 8626 of
this title] shall apply to amounts held available for fiscal years
beginning after September 30, 1985.
``(d) The amendment made by section 607 [amending section 8629 of
this title] shall apply to data collected and compiled after the date of
the enactment of this Act [Oct. 30, 1984]. Section 2610 of the Act
[section 8629 of this title] as in effect before the date of the
enactment of this Act shall apply with respect to the report submitted
under such section 2610 for fiscal year 1984.''
Short Title of 1994 Amendment
Section 301(a) of title III of Pub. L. 103-252 provided that: ``This
title [enacting section 8626b of this title, amending this section and
sections 8622 to 8624, 8626, 8626a, 8628a, and 8629 of this title, and
enacting provisions set out above] may be cited as the `Low-Income Home
Energy Assistance Amendments of 1994'.''
Short Title
Section 2601 of title XXVI of Pub. L. 97-35 provided that: ``This
title [enacting this subchapter and repealing subchapter I of this
chapter] may be cited as the `Low-Income Home Energy Assistance Act of
1981'.''
Section Referred to in Other Sections
This section is referred to in sections 6862, 8623, 8626a, 8626b,
8628a of this title.
Sec. 8622. Definitions
As used in this subchapter:
(1) The term ``energy burden'' means the expenditures of the
household for home energy divided by the income of the household.
(2) The term ``energy crisis'' means weather-related and supply
shortage emergencies and other household energy-related emergencies.
(3) The term ``highest home energy needs'' means the home energy
requirements of a household determined by taking into account both
the energy burden of such household and the unique situation of such
household that results from having members of vulnerable
populations, including very young children, individuals with
disabilities, and frail older individuals.
(4) The term ``household'' means any individual or group of
individuals who are living together as one economic unit for whom
residential energy is customarily purchased in common or who make
undesignated payments for energy in the form of rent.
(5) The term ``home energy'' means a source of heating or
cooling in residential dwellings.
(6) The term ``poverty level'' means, with respect to a
household in any State, the income poverty line as prescribed and
revised at least annually pursuant to section 9902(2) of this title,
as applicable to such State.
(7) The term ``Secretary'' means the Secretary of Health and
Human Services.
(8) The term ``State'' means each of the several States and the
District of Columbia.
(9) The term ``State median income'' means the State median
income promulgated by the Secretary in accordance with procedures
established under section 1397a(a)(6) of this title (as such
procedures were in effect on August 12, 1981) and adjusted, in
accordance with regulations prescribed by the Secretary, to take
into account the number of individuals in the household.
(Pub. L. 97-35, title XXVI, Sec. 2603, Aug. 13, 1981, 95 Stat. 894; Pub.
L. 97-115, Sec. 16, Dec. 29, 1981, 95 Stat. 1609; Pub. L. 98-558, title
VI, Sec. 602, Oct. 30, 1984, 98 Stat. 2890; Pub. L. 103-252, title III,
Secs. 304(b), 311(c)(2), May 18, 1994, 108 Stat. 658, 662.)
Codification
In par. (9), ``August 12, 1981'' substituted for ``the day before
the date of the enactment of this Act'', which date of enactment is Aug.
13, 1981.
Amendments
1994--Par. (1). Pub. L. 103-252, Sec. 304(b)(1), (2), added par.
(1). Former par. (1) redesignated (2).
Par. (2). Pub. L. 103-252, Sec. 304(b)(1), redesignated par. (1) as
(2). Former par. (2) redesignated (4).
Par. (3). Pub. L. 103-252, Sec. 304(b)(3), added par. (3). Former
par. (3) redesignated (5).
Par. (4). Pub. L. 103-252, Sec. 311(c)(2), which directed the
substitution of ``The'' for ``the'' and a period for the semicolon at
end of par. (2), was executed by making the substitutions in par. (4) to
reflect the probable intent of Congress and the intervening
redesignation of par. (2) as (4). See below.
Pub. L. 103-252, Sec. 304(b)(1), redesignated par. (2) as (4).
Former par. (4) redesignated (6).
Pars. (5) to (9). Pub. L. 103-252, Sec. 304(b)(1), redesignated
pars. (3) to (7) as (5) to (9), respectively.
1984--Par. (1). Pub. L. 98-558, Sec. 602(a), struck out
``intervention'' after ``energy crisis'' and inserted ``and other
household energy-related emergencies'' at the end.
Par. (4). Pub. L. 98-558, Sec. 602(b), substituted ``the income
poverty line as prescribed and revised at least annually pursuant to
section 9902(2) of this title,'' for ``the income poverty guidelines for
the nonfarm population of the United States as prescribed by the Office
of Management and Budget (and as adjusted annually pursuant to section
9902(2) of this title)''.
1981--Pub. L. 97-115 designated par. (2)(A) as par. (2), substituted
provisions including individuals and groups of individuals who are
living together as one economic unit for whom residential energy is
customarily purchased in the form of rent in the definition of
household, for provisions including individuals who occupy a housing
unit in such definition, and struck out par. (2)(B), which provided that
for purposes of subpar. (A), one or more rooms shall be treated as a
housing unit when occupied as a separate living quarters.
Effective Date of 1994 Amendment
Amendment by Pub. L. 103-252 effective Oct. 1, 1994, see section 314
of Pub. L. 103-252, set out as a note under section 8621 of this title.
Effective Date of 1984 Amendment
Amendment by Pub. L. 98-558 effective Oct. 30, 1984, see section
609(a) of Pub. L. 98-558, set out as a note under section 8621 of this
title.
Section Referred to in Other Sections
This section is referred to in section 8626b of this title.
Sec. 8623. State allotments
(a) Amount; distribution, computation, etc.
(1)(A) Except as provided in subparagraph (B), the Secretary shall,
from that percentage of the amount appropriated under section 8621(b) of
this title for each fiscal year which is remaining after reserving any
amount permitted to be reserved under section 8628a of this title and
after the amount of allotments for such fiscal year under subsection
(b)(1) of this section is determined by the Secretary, allot to each
State an amount equal to such remaining percentage multiplied by the
State's allotment percentage.
(B) From the sums appropriated therefor after reserving any amount
permitted to be reserved under section 8628a of this title, if for any
period a State has a plan which is described in section 8624(c)(1) of
this title, the Secretary shall pay to such State an amount equal to 100
percent of the expenditures of such State made during such period in
carrying out such plan, including administrative costs (subject to the
provisions of section 8624(b)(9)(B) of this title), with respect to
households described in section 8624(b)(2) of this title.
(2) For purposes of paragraph (1), for fiscal year 1985 and
thereafter, a State's allotment percentage is the percentage which
expenditures for home energy by low-income households in that State
bears to such expenditures in all States, except that States which
thereby receive the greatest proportional increase in allotments by
reason of the application of this paragraph from the amount they
received pursuant to Public Law 98-139 shall have their allotments
reduced to the extent necessary to ensure that--
(A)(i) no State for fiscal year 1985 shall receive less than the
amount of funds the State received in fiscal year 1984; and
(ii) no State for fiscal year 1986 and thereafter shall receive
less than the amount of funds the State would have received in
fiscal year 1984 if the appropriations for this subchapter for
fiscal year 1984 had been $1,975,000,000, and
(B) any State whose allotment percentage out of funds available
to States from a total appropriation of $2,250,000,000 would be less
than 1 percent, shall not, in any year when total appropriations
equal or exceed $2,250,000,000, have its allotment percentage
reduced from the percentage it would receive from a total
appropriation of $2,140,000,000.
(3) If the sums appropriated for any fiscal year for making grants
under this subchapter are not sufficient to pay in full the total amount
allocated to a State under paragraph (1) for such fiscal year, the
amount which all States will receive under this subchapter for such
fiscal year shall be ratably reduced.
(4) For the purpose of this section, the Secretary shall determine
the expenditure for home energy by low-income households on the basis of
the most recent satisfactory data available to the Secretary.
(b) Allotments to insular areas
(1) The Secretary shall apportion not less than one-tenth of 1
percent, and not more than one-half of 1 percent, of the amounts
appropriated for each fiscal year to carry out this subchapter on the
basis of need among the Commonwealth of Puerto Rico, Guam, American
Samoa, the Virgin Islands of the United States, the Northern Mariana
Islands, and the Trust Territory of the Pacific Islands. The Secretary
shall determine the total amount to be apportioned under this paragraph
for any fiscal year (which shall not exceed one-half of 1 percent) after
evaluating the extent to which each jurisdiction specified in the
preceding sentence requires assistance under this paragraph for the
fiscal year involved.
(2) Each jurisdiction to which paragraph (1) applies may receive
grants under this subchapter upon an application submitted to the
Secretary containing provisions which describe the programs for which
assistance is sought under this subchapter, and which are consistent
with the requirements of section 8624 of this title.
(c) Energy crisis intervention
Of the funds available to each State under subsection (a) of this
section, a reasonable amount based on data from prior years shall be
reserved until March 15 of each program year by each State for energy
crisis intervention. The program for which funds are reserved by this
subsection shall be administered by public or nonprofit entities which
have experience in administering energy crisis programs under the Low-
Income Energy Assistance Act of 1980, or under this subchapter,\1\
experience in assisting low-income individuals in the area to be served,
the capacity to undertake a timely and effective energy crisis
intervention program, and the ability to carry out the program in local
communities. The program for which funds are reserved under this
subsection shall--
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\1\ See References in Text note below.
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(1) not later than 48 hours after a household applies for energy
crisis benefits, provide some form of assistance that will resolve
the energy crisis if such household is eligible to receive such
benefits;
(2) not later than 18 hours after a household applies for crisis
benefits, provide some form of assistance that will resolve the
energy crisis if such household is eligible to receive such benefits
and is in a life-threatening situation; and
(3) require each entity that administers such program--
(A) to accept applications for energy crisis benefits at
sites that are geographically accessible to all households in
the area to be served by such entity; and
(B) to provide to low-income individuals who are physically
infirm the means--
(i) to submit applications for energy crisis benefits
without leaving their residences; or
(ii) to travel to the sites at which such application
\2\ are accepted by such entity.
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\2\ So in original. Probably should be ``applications''.
The preceding sentence shall not apply to a program in a geographical
area affected by a natural disaster in the United States designated by
the Secretary, or by a major disaster or emergency designated by the
President under the Disaster Relief Act of 1974 \1\ [42 U.S.C. 5121 et
seq.], for so long as such designation remains in effect, if the
Secretary determines that such disaster or such emergency makes
compliance with such sentence impracticable.
(d) Allotments to Indian tribes
(1) If, with respect to any State, the Secretary--
(A) receives a request from the governing organization of an
Indian tribe within the State that assistance under this subchapter
be made directly to such organization; and
(B) determines that the members of such tribe would be better
served by means of grants made directly to provide benefits under
this subchapter;
the Secretary shall reserve from amounts which would otherwise be
payable to such State from amounts allotted to it under this subchapter
for the fiscal year involved the amount determined under paragraph (2).
(2) The amount determined under this paragraph for a fiscal year is
the amount which bears the same ratio to the amount which would (but for
this subsection) be allotted to such State under this subchapter for
such fiscal year (other than by reason of section 8626(b)(2) of this
title) as the number of Indian households described in subparagraphs (A)
and (B) of section 8624(b)(2) of this title and residing within the
State on the reservation of the tribes or on trust lands adjacent to
such reservation bears to the number of all households described in
subparagraphs (A) and (B) of section 8624(b)(2) of this title in such
State, or such greater amount as the Indian tribe and the State may
agree upon. In cases where a tribe has no reservation, the Secretary, in
consultation with the tribe and the State, shall define the number of
Indian households for the determination under this paragraph.
(3) The sums reserved by the Secretary on the basis of a
determination under this subsection shall be granted to--
(A) the tribal organization serving the individuals for whom
such a determination has been made; or
(B) in any case where there is no tribal organization serving an
individual for whom such a determination has been made, such other
entity as the Secretary determines has the capacity to provide
assistance pursuant to this subchapter.
(4) In order for a tribal organization or other entity to be
eligible for an amount under this subsection for a fiscal year, it shall
submit to the Secretary a plan (in lieu of being under the State's plan)
for such fiscal year which meets such criteria as the Secretary may by
regulations prescribe.
(e) Repealed. Pub. L. 98-558, Sec. 603(c), Oct. 30, 1984, 98 Stat. 2890
(f) Optional transfer of funds to block grants for community service
programs, preventive health services, etc.
(1) A State may transfer in accordance with paragraph (2) a
percentage of the funds payable to it under this section for any fiscal
year for its use for such fiscal year under other provisions of Federal
law providing block grants for--
(A) support of activities under subtitle B of title VI (relating
to community services block grant program) [42 U.S.C. 9901 et seq.];
(B) support of activities under title XX of the Social Security
Act [42 U.S.C. 1397 et seq.]; or
(C) support of preventive health services, alcohol, drug, and
mental health services, and primary care under title XIX of the
Public Health Service Act [42 U.S.C. 300w et seq.], and maternal and
child health services under title V of the Social Security Act [42
U.S.C. 701 et seq.];
or a combination of the activities described in subparagraphs (A), (B),
and (C). Amounts allotted to a State under any provisions of Federal law
referred to in the preceding sentence and transferred by a State for use
in carrying out the purposes of this subchapter shall be treated as if
they were paid to the State under this subchapter but shall not affect
the computation of the State's allotment under this subchapter. The
State shall inform the Secretary of any such transfer of funds.
(2)(A) Not to exceed 10 percent of the funds payable to a State
under this section for each of the fiscal years 1991 through 1993 may be
transferred under paragraph (1).
(B) Beginning in fiscal year 1994, no funds payable to a State under
this section shall be transferred under paragraph (1).
(g) Allotment of emergency funds
Notwithstanding subsections (a) through (f) of this section, the
Secretary may allot amounts appropriated pursuant to section 8621(e) of
this title to one or more than one State. In determining to which State
or States additional funds may be allotted, the Secretary shall take
into account the extent to which a State was affected by the emergency
or disaster, the availability to an affected State of other resources
under this or any other program, and such other factors as the Secretary
determines relevant. The Secretary shall notify Congress of the
allotment pursuant to this subsection prior to releasing the allotted
funds.
(Pub. L. 97-35, title XXVI, Sec. 2604, Aug. 13, 1981, 95 Stat. 894; Pub.
L. 98-558, title VI, Secs. 603, 604, Oct. 30, 1984, 98 Stat. 2890; Pub.
L. 99-425, title V, Secs. 502(a), 503, 505(b), Sept. 30, 1986, 100 Stat.
973-975; Pub. L. 101-501, title VII, Sec. 703, Nov. 3, 1990, 104 Stat.
1258; Pub. L. 103-252, title III, Secs. 304(c), 311(c)(3), May 18, 1994,
108 Stat. 659, 662.)
References in Text
Public Law 98-139, referred to in subsec. (a)(2), is Pub. L. 98-139,
Oct. 31, 1983, 97 Stat. 871, known as the Departments of Labor, Health
and Human Services, and Education, and Related Agencies Appropriation
Act, 1984. For complete classification of this Act to the Code see
Tables.
The Low-Income Energy Assistance Act of 1980, referred to in subsec.
(c), probably means the Home Energy Assistance Act of 1980, which is
title III of Pub. L. 96-223, Apr. 2, 1980, 94 Stat. 288, and which was
classified generally to subchapter I of this chapter prior to repeal by
Pub. L. 97-35, title XXVI, Sec. 2611, Aug. 13, 1981, 95 Stat. 902. For
complete classification of this Act to the Code, see Tables.
This subchapter, referred to in subsec. (c), was in the original
``this Act'' which was translated as reading ``this title'', meaning
title XXVI of Pub. L. 97-35, as the probable intent of Congress.
The Disaster Relief Act of 1974, referred to in subsec. (c), is Pub.
L. 93-288, May 22, 1974, 88 Stat. 143, as amended, which is classified
principally to chapter 68 (Sec. 5121 et seq.) of this title. The 1974
Act was renamed the Robert T. Stafford Disaster Relief and Emergency
Assistance Act, and was substantially revised by Pub. L. 100-707, Nov.
23, 1988, 102 Stat. 4689. Section 102(b) of Pub. L. 100-707 provided
that a reference in any other law to a provision of the Disaster Relief
Act of 1974 shall be deemed to be a reference to such provision of the
Robert T. Stafford Disaster Relief and Emergency Assistance Act. For
complete classification of this Act to the Code, see Short Title note
set out under section 5121 of this title and Tables.
Subtitle B of title VI, referred to in subsec. (f)(1)(A), is
subtitle B of title VI of Pub. L. 97-35, Secs. 671-683, Aug. 13, 1981,
95 Stat. 511, known as the Community Services Block Grant Act, as
amended, which is classified generally to chapter 106 (Sec. 9901 et
seq.) of this title. For complete classification of this Act to the
Code, see Short Title note set out under section 9901 of this title and
Tables.
The Social Security Act, referred to in subsec. (f)(1)(B), (C), is
act Aug. 14, 1935, ch. 531, 49 Stat. 620, as amended. Titles V and XX of
the Social Security Act are classified principally to subchapters V
(Sec. 701 et seq.) and XX (Sec. 1397 et seq.) of chapter 7 of this
title. For complete classification of this Act to the Code, see section
1305 of this title and Tables.
The Public Health Service Act, referred to in subsec. (f)(1)(C), is
act July 1, 1944, ch. 373, 58 Stat. 682, as amended. Title XIX of the
Public Health Services Act is classified generally to subchapter XVII
(Sec. 300w et seq.) of chapter 6A of this title. For complete
classification of this Act to the Code, see Short Title note set out
under section 201 of this title and Tables.
Amendments
1994--Subsec. (b)(1). Pub. L. 103-252, Sec. 311(c)(3), inserted ``of
the United States'' after ``Virgin Islands''.
Subsec. (g). Pub. L. 103-252, Sec. 304(c), added subsec. (g).
1990--Subsec. (f). Pub. L. 101-501 designated existing provisions as
par. (1), redesignated former pars. (1) to (3) as subpars. (A) to (C),
respectively, substituted ``in accordance with paragraph (2) a
percentage'' for ``up to 10 percent'', ``or a combination'' for ``or any
combination'', and ``subparagraphs (A), (B), and (C)'' for ``paragraphs
(1), (2), and (3)'', and added par. (2).
1986--Subsec. (a)(1)(A). Pub. L. 99-425, Sec. 505(b)(1), inserted
``after reserving any amount permitted to be reserved under section
8628a of this title and'' after ``remaining''.
Subsec. (a)(1)(B). Pub. L. 99-425, Sec. 505(b)(2), inserted ``after
reserving any amount permitted to be reserved under section 8628a of
this title'' after ``therefor''.
Subsec. (c). Pub. L. 99-425, Sec. 502(a), substituted ``the
capacity'' for ``and the capacity'', inserted ``, and the ability to
carry out the program in local communities'', and inserted provisions
relating to hourly time periods in which the program must respond,
application for benefits, and nonapplicability of the program to areas
affected by a natural disaster or major disaster.
Subsec. (d)(2). Pub. L. 99-425, Sec. 503, substituted ``and residing
within the State on the reservation of the tribes or on trust lands
adjacent to such reservation'' for ``in such State with respect to which
a determination under this subsection is made'', inserted ``, or such
greater amount as the Indian tribe and the State may agree upon'', and
inserted ``In cases where a tribe has no reservation, the Secretary, in
consultation with the tribe and the State, shall define the number of
Indian households for the determination under this paragraph.''
1984--Subsec. (a)(2). Pub. L. 98-558, Sec. 604(a), amended par. (2)
generally, substituting provisions relating to State allotment
computation for former provisions which also related to computation of
State allotment formulas and adding subpars. (A) and (B).
Subsec. (a)(4). Pub. L. 98-558, Sec. 604(b), added par. (4).
Subsec. (c). Pub. L. 98-558, Sec. 603(a), inserted ``until March 15
of each program year'' after ``reserved'' and inserted ``The program for
which funds are reserved by this subsection shall be administered by
public or nonprofit entities which have experience in administering
energy crisis programs under the Low-Income Energy Assistance Act of
1980, or under this subchapter, experience in assisting low-income
individuals in the area to be served, and the capacity to undertake a
timely and effective energy crisis intervention program.''
Subsec. (d)(1). Pub. L. 98-558, Sec. 603(b), substituted ``otherwise
be payable'' for ``otherwise be paid'' in provisions following subpar.
(B).
Subsec. (e). Pub. L. 98-558, Sec. 603(c), struck out subsec. (e)
which related to direct payments to households and State options.
Subsec. (f). Pub. L. 98-558, Sec. 603(d), substituted ``the funds
payable to it'' for ``its allotment''.
Effective Date of 1994 Amendment
Amendment by Pub. L. 103-252 effective Oct. 1, 1994, see section 314
of Pub. L. 103-252, set out as a note under section 8621 of this title.
Effective Date of 1990 Amendment
Amendment by Pub. L. 101-501 effective Oct. 1, 1990, see section
1001(a) of Pub. L. 101-501, set out as a note under section 8621 of this
title.
Effective Date of 1986 Amendment
Amendment by section 502(a) of Pub. L. 99-425 effective Dec. 1,
1986, and amendment by sections 503 and 505(b) of Pub. L. 99-425
effective Oct. 1, 1986, see section 1001 of Pub. L. 99-425, set out as a
note under section 8621 of this title.
Effective Date of 1984 Amendment
Amendment by Pub. L. 98-558 effective Oct. 30, 1984, see section
609(a) of Pub. L. 98-558, set out as a note under section 8621 of this
title.
Termination of Trust Territory of the Pacific Islands
For termination of Trust Territory of the Pacific Islands, see note
set out preceding section 1681 of Title 48, Territories and Insular
Possessions.
Rules for Energy Crisis Intervention
Section 502(b) of Pub. L. 99-425 provided that: ``Not later than 60
days after the date of the enactment of this Act [Sept. 30, 1986], the
Secretary of Health and Human Services shall issue rules to carry out
the amendments made by subsection (a) [amending this section].''
Section Referred to in Other Sections
This section is referred to in sections 8621, 8624, 8626 of this
title.
Sec. 8624. Applications and requirements
(a) Form; assurances; public hearings
(1) Each State desiring to receive an allotment for any fiscal year
under this subchapter shall submit an application to the Secretary. Each
such application shall be in such form as the Secretary shall require.
Each such application shall contain assurances by the chief executive
officer of the State that the State will meet the conditions enumerated
in subsection (b) of this section.
(2) After the expiration of the first fiscal year for which a State
receives funds under this subchapter, no funds shall be allotted to such
State for any fiscal year under this subchapter unless such State
conducts public hearings with respect to the proposed use and
distribution of funds to be provided under this subchapter for such
fiscal year.
(b) Certifications required for covered activities
As part of the annual application required by subsection (a) of this
section, the chief executive officer of each State shall certify that
the State agrees to--
(1) use the funds available under this subchapter to--
(A) conduct outreach activities and provide assistance to
low income households in meeting their home energy costs,
particularly those with the lowest incomes that pay a high
proportion of household income for home energy, consistent with
paragraph (5);
(B) intervene in energy crisis situations;
(C) provide low-cost residential weatherization and other
cost-effective energy-related home repair; and
(D) plan, develop, and administer the State's program under
this subchapter including leveraging programs,
and the State agrees not to use such funds for any purposes other
than those specified in this subchapter;
(2) make payments under this subchapter only with respect to--
(A) households in which 1 or more individuals are
receiving--
(i) aid to families with dependent children under the
State's plan approved under part A of title IV of the Social
Security Act [42 U.S.C. 601 et seq.] (other than such aid in
the form of foster care in accordance with section 408 \1\
of such Act) [42 U.S.C. 608];
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\1\ See References in Text note below.
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(ii) supplemental security income payments under title
XVI of the Social Security Act [42 U.S.C. 1381 et seq.];
(iii) food stamps under the Food Stamp Act of 1977 [7
U.S.C. 2011 et seq.]; or
(iv) payments under section 1315, 1521, 1541, or 1542 of
title 38, or under section 306 of the Veterans' and
Survivors' Pension Improvement Act of 1978; or
(B) households with incomes which do not exceed the greater
of--
(i) an amount equal to 150 percent of the poverty level
for such State; or
(ii) an amount equal to 60 percent of the State median
income;
except that a State may not exclude a household from eligibility
in a fiscal year solely on the basis of household income if such
income is less than 110 percent of the poverty level for such
State, but the State may give priority to those households with
the highest home energy costs or needs in relation to household
income;
(3) conduct outreach activities designed to assure that eligible
households, especially households with elderly individuals or
disabled individuals, or both, and households with high home energy
burdens, are made aware of the assistance available under this
subchapter, and any similar energy-related assistance available
under subtitle B of title VI (relating to community services block
grant program) [42 U.S.C. 9901 et seq.] or under any other provision
of law which carries out programs which were administered under the
Economic Opportunity Act of 1964 [42 U.S.C. 2701 et seq.] before
August 13, 1981;
(4) coordinate its activities under this subchapter with similar
and related programs administered by the Federal Government and such
State, particularly low-income energy-related programs under
subtitle B of title VI (relating to community services block grant
program) [42 U.S.C. 9901 et seq.], under the supplemental security
income program, under part A of title IV of the Social Security Act
[42 U.S.C. 601 et seq.], under title XX of the Social Security Act
[42 U.S.C. 1397 et seq.], under the low-income weatherization
assistance program under title IV of the Energy Conservation and
Production Act [42 U.S.C. 6851 et seq.], or under any other
provision of law which carries out programs which were administered
under the Economic Opportunity Act of 1964 [42 U.S.C. 2701 et seq.]
before August 13, 1981;
(5) provide, in a timely manner, that the highest level of
assistance will be furnished to those households which have the
lowest incomes and the highest energy costs or needs in relation to
income, taking into account family size, except that the State may
not differentiate in implementing this section between the
households described in clause (2)(A) and (2)(B) of this subsection;
(6) to the extent it is necessary to designate local
administrative agencies in order to carry out the purposes of this
subchapter, give special consideration, in the designation of such
agencies, to any local public or private nonprofit agency which was
receiving Federal funds under any low-income energy assistance
program or weatherization program under the Economic Opportunity Act
of 1964 [42 U.S.C. 2701 et seq.] or any other provision of law on
August 12, 1981, except that--
(A) the State shall, before giving such special
consideration, determine that the agency involved meets program
and fiscal requirements established by the State; and
(B) if there is no such agency because of any change in the
assistance furnished to programs for economically disadvantaged
persons, then the State shall give special consideration in the
designation of local administrative agencies to any successor
agency which is operated in substantially the same manner as the
predecessor agency which did receive funds for the fiscal year
preceding the fiscal year for which the determination is made;
(7) if the State chooses to pay home energy suppliers directly,
establish procedures to--
(A) notify each participating household of the amount of
assistance paid on its behalf;
(B) assure that the home energy supplier will charge the
eligible household, in the normal billing process, the
difference between the actual cost of the home energy and the
amount of the payment made by the State under this subchapter;
(C) assure that the home energy supplier will provide
assurances that any agreement entered into with a home energy
supplier under this paragraph will contain provisions to assure
that no household receiving assistance under this subchapter
will be treated adversely because of such assistance under
applicable provisions of State law or public regulatory
requirements; and
(D) ensure that the provision of vendored payments remains
at the option of the State in consultation with local grantees
and may be contingent on unregulated vendors taking appropriate
measures to alleviate the energy burdens of eligible households,
including providing for agreements between suppliers and
individuals eligible for benefits under this subchapter \2\ that
seek to reduce home energy costs, minimize the risks of home
energy crisis, and encourage regular payments by individuals
receiving financial assistance for home energy costs;
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\2\ See References in Text note below.
(8) provide assurances that (A) the State will not exclude
households described in clause (2)(B) of this subsection from
receiving home energy assistance benefits under clause (2), and (B)
the State will treat owners and renters equitably under the program
assisted under this subchapter;
(9) provide that--
(A) the State may use for planning and administering the use
of funds under this subchapter an amount not to exceed 10
percent of the funds payable to such State under this subchapter
for a fiscal year and not transferred pursuant to section
8623(f) of this title for use under another block grant; and
(B) the State will pay from non-Federal sources the
remaining costs of planning and administering the program
assisted under this subchapter and will not use Federal funds
for such remaining costs (except for the costs of the activities
described in paragraph (16));
(10) provide that such fiscal control and fund accounting
procedures will be established as may be necessary to assure the
proper disbursal of and accounting for Federal funds paid to the
State under this subchapter, including procedures for monitoring the
assistance provided under this subchapter, and provide that the
State will comply with the provisions of chapter 75 of title 31
(commonly known as the ``Single Audit Act'');
(11) permit and cooperate with Federal investigations undertaken
in accordance with section 8627 of this title;
(12) provide for timely and meaningful public participation in
the development of the plan described in subsection (c) of this
section;
(13) provide an opportunity for a fair administrative hearing to
individuals whose claims for assistance under the plan described in
subsection (c) of this section are denied or are not acted upon with
reasonable promptness;
(14) cooperate with the Secretary with respect to data
collecting and reporting under section 8629 of this title; and \3\
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\3\ So in original. The word ``and'' probably should not appear.
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(15) beginning in fiscal year 1992, provide, in addition to such
services as may be offered by State Departments of Public Welfare at
the local level, outreach and intake functions for crisis situations
and heating and cooling assistance that is administered by
additional State and local governmental entities or community-based
organizations (such as community action agencies, area agencies on
aging, and not-for-profit neighborhood-based organizations), and in
States where such organizations do not administer intake functions
as of September 30, 1991, preference in awarding grants or contracts
for intake services shall be provided to those agencies that
administer the low-income weatherization or energy crisis
intervention programs; and
(16) use up to 5 percent of such funds, at its option, to
provide services that encourage and enable households to reduce
their home energy needs and thereby the need for energy assistance,
including needs assessments, counseling, and assistance with energy
vendors, and report to the Secretary concerning the impact of such
activities on the number of households served, the level of direct
benefits provided to those households, and the number of households
that remain unserved.
The Secretary may not prescribe the manner in which the States will
comply with the provisions of this subsection. The Secretary shall issue
regulations to prevent waste, fraud, and abuse in the programs assisted
by this subchapter. Not later than 18 months after May 18, 1994, the
Secretary shall develop model performance goals and measurements in
consultation with State, territorial, tribal, and local grantees, that
the States may use to assess the success of the States in achieving the
purposes of this subchapter. The model performance goals and
measurements shall be made available to States to be incorporated, at
the option of the States, into the plans for fiscal year 1997. The
Secretary may request data relevant to the development of model
performance goals and measurements.
(c) State plan; revision; public inspection
(1) As part of the annual application required in subsection (a) of
this section, the chief executive officer of each State shall prepare
and furnish to the Secretary, in such format as the Secretary may
require, a plan which--
(A) describes the eligibility requirements to be used by the
State for each type of assistance to be provided under this
subchapter, including criteria for designating an emergency under
section 8623(c) of this title;
(B) describes the benefit levels to be used by the States for
each type of assistance including assistance to be provided for
emergency crisis intervention and for weatherization and other
energy-related home repair;
(C) contains estimates of the amount of funds the State will use
for each of the programs under such plan and describes the
alternative use of funds reserved under section 8623(c) of this
title in the event any portion of the amount so reserved is not
expended for emergencies;
(D) describes weatherization and other energy-related home
repair the State will provide under subsection (k) of this section,
including any steps the State will take to address the
weatherization and energy-related home repair needs of households
that have high home energy burdens, and describes any rules
promulgated by the Department of Energy for administration of its
Low Income Weatherization Assistance Program which the State, to the
extent permitted by the Secretary to increase consistency between
federally assisted programs, will follow regarding the use of funds
provided under this subchapter by the State for such weatherization
and energy-related home repairs and improvements;
(E) describes any steps that will be taken (in addition to those
necessary to carry out the assurance contained in paragraph (5) of
subsection (b) of this section) to target assistance to households
with high home energy burdens;
(F) describes how the State will carry out assurances in clauses
(3), (4), (5), (6), (7), (8), (10), (12), (13), and (15) of
subsection (b) of this section;
(G) states, with respect to the 12-month period specified by the
Secretary, the number and income levels of households which apply
and the number which are assisted with funds provided under this
subchapter, and the number of households so assisted with--
(i) one or more members who has attained 60 years of age;
(ii) one or more members who were disabled; and
(iii) one or more young children; and
(H) contains any other information determined by the Secretary
to be appropriate for purposes of this subchapter.
The chief executive officer may revise any plan prepared under this
paragraph and shall furnish the revised plan to the Secretary.
(2) Each plan prepared under paragraph (1) and each substantial
revision thereof shall be made available for public inspection within
the State involved in such a manner as will facilitate timely and
meaningful review of, and comment upon, such plan or substantial
revision.
(3) Not later than April 1 of each fiscal year the Secretary shall
make available to the States a model State plan format that may be used,
at the option of each State, to prepare the plan required under
paragraph (1) for the next fiscal year.
(d) Expending of funds
The State shall expend funds in accordance with the State plan under
this subchapter or in accordance with revisions applicable to such plan.
(e) Conduct of audits
Each State shall, in carrying out the requirements of subsection
(b)(10) of this section, obtain financial and compliance audits of any
funds which the State receives under this subchapter. Such audits shall
be made public within the State on a timely basis. The audits shall be
conducted in accordance with chapter 75 of title 31.
(f) Payments or assistance not to be deemed income or resources for any
purpose under Federal or State law; determination of excess
shelter expense deduction
(1) Notwithstanding any other provision of law unless enacted in
express limitation of this paragraph, the amount of any home energy
assistance payments or allowances provided directly to, or indirectly
for the benefit of, an eligible household under this subchapter shall
not be considered income or resources of such household (or any member
thereof) for any purpose under any Federal or State law, including any
law relating to taxation, food stamps, public assistance, or welfare
programs.
(2) For purposes of paragraph (1) of this subsection and for
purposes of determining any excess shelter expense deduction under
section 5(e) of the Food Stamp Act of 1977 (7 U.S.C. 2014(e))--
(A) the full amount of such payments or allowances shall be
deemed to be expended by such household for heating or cooling
expenses, without regard to whether such payments or allowances are
provided directly to, or indirectly for the benefit of, such
household; and
(B) no distinction may be made among households on the basis of
whether such payments or allowances are provided directly to, or
indirectly for the benefit of, any of such households.
(g) Repayment of funds expended improperly; offset
The State shall repay to the United States amounts found not to have
been expended in accordance with this subchapter or the Secretary may
offset such amounts against any other amount to which the State is or
may become entitled under this subchapter.
(h) Periodic evaluation of expenditures by Comptroller General
The Comptroller General of the United States shall, from time to
time \4\ evaluate the expenditures by States of grants under this
subchapter in order to assure that expenditures are consistent with the
provisions of this subchapter and to determine the effectiveness of the
State in accomplishing the purposes of this subchapter.
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\4\ So in original. Probably should be followed by a comma.
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(i) Certain recipients of supplemental security income ineligible for
payments or assistance
A household which is described in subsection (b)(2)(A) of this
section solely by reason of clause (ii) thereof shall not be treated as
a household described in subsection (b)(2) of this section if the
eligibility of the household is dependent upon--
(1) an individual whose annual supplemental security income
benefit rate is reduced pursuant to section 1611(e)(1) of the Social
Security Act [42 U.S.C. 1382(e)(1)] by reason of being in an
institution receiving payments under title XIX of the Social
Security Act [42 U.S.C. 1396 et seq.] with respect to such
individual;
(2) an individual to whom the reduction specified in section
1612(a)(2)(A)(i) of the Social Security Act [42 U.S.C.
1382a(a)(2)(A)(i)] applies; or
(3) a child described in section 1614(f)(2) of the Social
Security Act [42 U.S.C. 1382c(f)(2)] who is living together with a
parent, or the spouse of a parent, of the child.
(j) State verification of income eligibility; policies and procedures
applicable
In verifying income eligibility for purposes of subsection (b)(2)(B)
of this section, the State may apply procedures and policies consistent
with procedures and policies used by the State agency administering
programs under part A of title IV of the Social Security Act [42 U.S.C.
601 et seq.], under title XX of the Social Security Act [42 U.S.C. 1397
et seq.], under subtitle B of title VI of this Act (relating to
community services block grant program) [42 U.S.C. 9901 et seq.], under
any other provision of law which carries out programs which were
administered under the Economic Opportunity Act of 1964 [42 U.S.C. 2701
et seq.] before August 13, 1981, or under other income assistance or
service programs (as determined by the State).
(k) Limitation on use of funds; waiver
(1) Except as provided in paragraph (2), not more than 15 percent of
the greater of--
(A) the funds allotted to a State under this subchapter for any
fiscal year; or
(B) the funds available to such State under this subchapter for
such fiscal year;
may be used by the State for low-cost residential weatherization or
other energy-related home repair for low-income households.
(2)(A) If a State receives a waiver granted under subparagraph (B)
for a fiscal year, the State may use not more than the greater of 25
percent of--
(i) the funds allotted to a State under this subchapter for such
fiscal year; or
(ii) the funds available to such State under this subchapter for
such fiscal year;
for residential weatherization or other energy-related home repair for
low-income households.
(B) For purposes of subparagraph (A), the Secretary may grant a
waiver to a State for a fiscal year if the State submits a written
request to the Secretary after March 31 of such fiscal year and if the
Secretary determines, after reviewing such request and any public
comments, that--
(i)(I) the number of households in the State that will receive
benefits, other than weatherization and energy-related home repair,
under this subchapter in such fiscal year will not be fewer than the
number of households in the State that received benefits, other than
weatherization and energy-related home repair, under this subchapter
in the preceding fiscal year;
(II) the aggregate amounts of benefits that will be received
under this subchapter by all households in the State in such fiscal
year will not be less than the aggregate amount of such benefits
that were received under this subchapter by all households in the
State in the preceding fiscal year; and
(III) such weatherization activities have been demonstrated to
produce measurable savings in energy expenditures by low-income
households; or
(ii) in accordance with rules issued by the Secretary, the State
demonstrates good cause for failing to satisfy the requirements
specified in clause (i).
(l) State tax credits to energy suppliers who supply home energy at
reduced rates to low-income households
(1) Any State may use amounts provided under this subchapter for the
purpose of providing credits against State tax to energy suppliers who
supply home energy at reduced rates to low-income households.
(2) Any such credit provided by a State shall not exceed the amount
of the loss of revenue to such supplier on account of such reduced rate.
(3) Any certification for such tax credits shall be made by the
State, but such State may use Federal data available to such State with
respect to recipients of supplemental security income benefits if timely
delivery of benefits to households described in subsection (b) of this
section and suppliers will not be impeded by the use of such data.
(Pub. L. 97-35, title XXVI, Sec. 2605, Aug. 13, 1981, 95 Stat. 896; Pub.
L. 98-558, title VI, Sec. 605, Oct. 30, 1984, 98 Stat. 2891; Pub. L. 99-
425, title V, Sec. 504, Sept. 30, 1986, 100 Stat. 974; Pub. L. 101-501,
title VII, Secs. 704, 705, Nov. 3, 1990, 104 Stat. 1259; Pub. L. 102-83,
Sec. 5(c)(2), Aug. 6, 1991, 105 Stat. 406; Pub. L. 103-252, title III,
Secs. 305-309, 311(a)(1), (b), (c)(4), (5), May 18, 1994, 108 Stat. 659-
662; Pub. L. 104-66, title I, Sec. 1072(c), Dec. 21, 1995, 109 Stat.
721.)
References in Text
The Social Security Act, referred to in subsecs. (b)(2)(A)(i), (ii),
(4), (i)(1), and (j), is act Aug. 14, 1935, ch. 531, 49 Stat. 620, as
amended. Part A of title IV of the Social Security Act is classified
generally to part A (Sec. 601 et seq.) of subchapter IV of chapter 7 of
this title. Titles XVI, XIX, and XX of the Social Security Act are
classified generally to subchapters XVI (Sec. 1381 et seq.), XIX
(Sec. 1396 et seq.), and XX (Sec. 1397 et seq.) of chapter 7 of this
title, respectively. Section 408 of the Social Security Act [42 U.S.C.
608] was repealed by Pub. L. 96-272, title I, Sec. 101(a)(2)(A), June
17, 1980, 94 Stat. 512. For complete classification of this Act to the
Code, see section 1305 of this title and Tables.
The Food Stamp Act of 1977, referred to in subsec. (b)(2)(A)(iii),
is Pub. L. 88-525, Aug. 31, 1964, 78 Stat. 703, as amended, which is
classified generally to chapter 51 (Sec. 2011 et seq.) of Title 7,
Agriculture. For complete classification of this Act to the Code, see
Short Title note set out under section 2011 of Title 7 and Tables.
Section 306 of the Veterans' and Survivors' Pension Improvement Act
of 1978, referred to in subsec. (b)(2)(A)(iv), is section 306 of Pub. L.
95-588, title III, Nov. 4, 1978, 92 Stat. 2508, which is set out as a
note under section 521 of Title 38, Veterans' Benefits.
Subtitle B of title VI, referred to in subsecs. (b)(3), (4), and
(j), is subtitle B of title VI of Pub. L. 97-35, Secs. 671 to 683, Aug.
13, 1981, 95 Stat. 511, as amended, known as the Community Services
Block Grant Act, which is classified generally to chapter 106 (Sec. 9901
et seq.) of this title. For complete classification of this Act to the
Code, see Short Title note set out under section 9901 of this title and
Tables.
The Economic Opportunity Act of 1964, referred to in subsecs.
(b)(3), (4), (6), and (j), is Pub. L. 88-452, Aug. 20, 1964, 78 Stat.
508, as amended, which was classified generally to chapter 34 (Sec. 2701
et seq.) of this title prior to repeal, except for titles VIII and X, by
Pub. L. 97-35, title VI, Sec. 683(a), Aug. 13, 1981, 95 Stat. 519.
Titles VIII and X of the Act are classified generally to subchapters
VIII (Sec. 2991 et seq.) and X (Sec. 2996 et seq.) of chapter 34 of this
title. For complete classification of this Act to the Code, see Tables.
The Energy Conservation and Production Act, referred to in subsec.
(b)(4), is Pub. L. 94-385, Aug. 14, 1976, 90 Stat. 1142, as amended.
Title IV of the Energy Conservation and Production Act is classified
principally to subchapter III (Sec. 6851 et seq.) of chapter 81 of this
title. For complete classification of this Act to the Code, see Short
Title note set out under section 6801 of this title and Tables.
This subchapter, referred to in subsec. (b)(7)(D), was in the
original ``this Act'' and was translated as reading ``this title'',
meaning title XXVI of Pub. L. 97-35, known as the Low-Income Home Energy
Assistance Act of 1981, to reflect the probable intent of Congress.
Codification
In subsec. (b)(6), ``August 12, 1981'' substituted for ``the day
before the date of the enactment of this Act'', which date of enactment
is Aug. 13, 1981.
Amendments
1995--Subsec. (h). Pub. L. 104-66 struck out ``(but not less
frequently than every three years),'' after ``from time to time''.
1994--Subsec. (b). Pub. L. 103-252, Sec. 311(c)(4), which directed
the transfer of the sentence that immediately precedes par. (15) to
appear as a flush sentence immediately after par. (16), was executed by
transferring the two sentences that appeared before par. (15) so as to
appear as a flush provision immediately after par. (16), to reflect the
probable intent of Congress.
Pub. L. 103-252, Sec. 311(b), inserted at end ``Not later than 18
months after May 18, 1994, the Secretary shall develop model performance
goals and measurements in consultation with State, territorial, tribal,
and local grantees, that the States may use to assess the success of the
States in achieving the purposes of this subchapter. The model
performance goals and measurements shall be made available to States to
be incorporated, at the option of the States, into the plans for fiscal
year 1997. The Secretary may request data relevant to the development of
model performance goals and measurements.''
Subsec. (b)(1). Pub. L. 103-252, Sec. 305(a), amended par. (1)
generally. Prior to amendment, par. (1) read as follows: ``use the funds
available under this subchapter for the purposes described in section
8621(a) of this title and otherwise in accordance with the requirements
of this subchapter, and agrees not to use such funds for any payments
other than payments specified in this section;''.
Subsec. (b)(2)(B). Pub. L. 103-252, Sec. 306(a), in concluding
provisions substituted ``except that a State may not exclude a household
from eligibility in a fiscal year solely on the basis of household
income if such income is less than 110 percent of the poverty level for
such State, but the State may give priority to those households with the
highest home energy costs or needs in relation to household income;''
for ``except that no household may be excluded from eligibility under
this subclause for payments under this subchapter for fiscal year 1986
and thereafter if the household has an income which is less than 110
percent of the poverty level for such State for such fiscal year''.
Subsec. (b)(3). Pub. L. 103-252, Secs. 306(b), 311(c)(3),
substituted ``disabled'' for ``handicapped'' and ``and households with
high home energy burdens, are made aware'' for ``are made aware''.
Subsec. (b)(5). Pub. L. 103-252, Sec. 306(c), inserted ``or needs''
after ``highest energy costs''.
Subsec. (b)(7)(D). Pub. L. 103-252, Sec. 311(a)(1), amended subpar.
(D) generally. Prior to amendment, subpar. (D) read as follows: ``assure
that any home energy supplier receiving direct payments agrees not to
discriminate, either in the cost of the goods supplied or the services
provided, against the eligible household on whose behalf payments are
made;''.
Subsec. (b)(9)(B). Pub. L. 103-252, Sec. 305(b)(1), inserted before
semicolon at end ``(except for the costs of the activities described in
paragraph (16))''.
Subsec. (b)(10). Pub. L. 103-252, Sec. 307(1), substituted ``and
provide that the State will comply with the provisions of chapter 75 of
title 31 (commonly known as the `Single Audit Act')'' for ``and provide
that at least every two years the State shall prepare an audit of its
expenditures of amounts received under this subchapter and amounts
transferred to carry out the purposes of this subchapter''.
Subsec. (b)(16). Pub. L. 103-252, Sec. 305(b)(2), (3), added par.
(16).
Subsec. (c)(1)(D). Pub. L. 103-252, Sec. 308, inserted before
semicolon at end ``, including any steps the State will take to address
the weatherization and energy-related home repair needs of households
that have high home energy burdens, and describes any rules promulgated
by the Department of Energy for administration of its Low Income
Weatherization Assistance Program which the State, to the extent
permitted by the Secretary to increase consistency between federally
assisted programs, will follow regarding the use of funds provided under
this subchapter by the State for such weatherization and energy-related
home repairs and improvements''.
Subsec. (c)(1)(E). Pub. L. 103-252, Sec. 306(d)(2), added subpar.
(E). Former subpar. (E) redesignated (F).
Subsec. (c)(1)(F). Pub. L. 103-252, Secs. 306(d)(1), 309(1),
redesignated subpar. (E) as (F), substituted ``(13), and (15)'' for
``and (13)'', and struck out ``and'' at end. Former subpar. (F)
redesignated (H).
Subsec. (c)(1)(G). Pub. L. 103-252, Sec. 309(2), added subpar. (G).
Subsec. (c)(1)(H). Pub. L. 103-252, Sec. 306(d)(1), redesignated
subpar. (F) as (H).
Subsec. (e). Pub. L. 103-252, Sec. 307(2), substituted ``in
accordance with chapter 75 of title 31'' for ``at least every two years
by an organization or person independent of any agency administering
activities under this subchapter. The audits shall be conducted in
accordance with the Comptroller General's standards for audit of
governmental organizations, programs, activities, and functions. Within
30 days after completion of each audit, the chief executive officer of
the State shall submit a copy of the audit to the legislature of the
State and to the Secretary''.
1991--Subsec. (b)(2)(A)(iv). Pub. L. 102-83 substituted ``section
1315, 1521, 1541, or 1542 of title 38'' for ``section 415, 521, 541, or
542 of title 38''.
1990--Subsec. (b)(12). Pub. L. 101-501, Sec. 704(a)(1), inserted
``timely and meaningful'' after ``provide for''.
Subsec. (b)(15). Pub. L. 101-501, Sec. 704(a)(2)-(4), added par.
(15) at end.
Subsec. (c)(2). Pub. L. 101-501, Sec. 704(b), inserted ``timely and
meaningful'' after ``will facilitate''.
Subsec. (k). Pub. L. 101-501, Sec. 705, designated existing
provisions as par. (1), redesignated former pars. (1) and (2) as
subpars. (A) and (B), respectively, substituted ``Except as provided in
paragraph (2), not'' for ``Not'', and added par. (2).
1986--Subsec. (b)(5). Pub. L. 99-425, Sec. 504(a), substituted ``in
a timely manner'' for ``in a manner consistent with the efficient and
timely payment of benefits''.
Subsec. (b)(14) to (17). Pub. L. 99-425, Sec. 504(b), redesignated
cl. (17) as (14), and struck out former cls. (14) to (16) which read as
follows:
``(14) describe the procedures by which households in the State are
identified as eligible to participate under this subchapter and the
manner in which the State determines benefit levels;
``(15) describe the amount that the State will reserve in accordance
with section 8623(c) of this title in each fiscal year for energy crisis
intervention activities together with the administrative procedures (A)
for designating an emergency, (B) for determining the assistance to be
provided in any such emergency, and (C) for the use of funds reserved
under such section for the purposes under this subchapter in the event
any portion of the amount so reserved is not expended for emergencies.
``(16) describe energy usage and the average cost of home energy in
the State, identified by type of fuel and by region of the State;''.
Subsec. (c)(1). Pub. L. 99-425, Sec. 504(c), revised provisions
relating to requirements for State plans, restating as subpars. (A) to
(F), provisions of former subpars. (A) to (E).
Subsec. (c)(3). Pub. L. 99-425, Sec. 504(d), added par. (3).
Subsec. (f). Pub. L. 99-425, Sec. 504(e), designated existing
provisions as par. (1), substituted ``provided directly to, or
indirectly for the benefit of'' for ``provided to'', and added par. (2).
1984--Subsec. (b). Pub. L. 98-558, Sec. 605(a)(9), inserted at end
``The Secretary shall issue regulations to prevent waste, fraud, and
abuse in the programs assisted by this subchapter.''.
Subsec. (b)(1). Pub. L. 98-558, Sec. 605(a)(1), substituted
``section'' for ``subsection''.
Subsec. (b)(2)(B). Pub. L. 98-558, Sec. 605(a)(2), inserted ``except
that no household may be excluded from eligibility under this subclause
for payments under this subchapter for fiscal year 1986 and thereafter
if the household has an income which is less than 110 percent of the
poverty level for such State for such fiscal year''.
Subsec. (b)(5). Pub. L. 98-558, Sec. 605(a)(3), inserted ``, except
that the State may not differentiate in implementing this section
between the households described in clause (2)(A) and (2)(B) of this
subsection''.
Subsec. (b)(7)(C). Pub. L. 98-558, Sec. 605(a)(4), substituted
``adversely'' for ``any differently''.
Subsec. (b)(8). Pub. L. 98-558, Sec. 605(a)(5), designated existing
provisions as subpar. (B) and added subpar. (A).
Subsec. (b)(9)(A). Pub. L. 98-558, Sec. 605(a)(6), in amending
subpar. (A) generally, struck out ``in each fiscal year'' before ``the
State may'' and substituted ``for a fiscal year and not transferred
pursuant to section 8623(f) of this title for use under another block
grant'' for ``for such fiscal year''.
Subsec. (b)(10). Pub. L. 98-558, Sec. 605(a)(7), substituted ``every
two years'' for ``every year''.
Subsec. (b)(14) to (17). Pub. L. 98-558, Sec. 605(a)(8), added pars.
(14) to (17).
Subsec. (c)(1). Pub. L. 98-558, Sec. 605(b)(1), in amending par. (1)
generally, designated existing provisions as subpar. (A) and added
subpars. (B) to (E).
Subsec. (c)(2). Pub. L. 98-558, Sec. 605(b)(2), inserted ``and each
substantial revision thereof'' and ``or substantial revision'' at the
end.
Subsec. (d). Pub. L. 98-558, Sec. 605(c), in amending subsec. (d)
generally, substituted provisions that the State shall expend funds in
accordance with the State plan or revisions thereto for former
provisions which related to waiver of requirements.
Subsec. (e). Pub. L. 98-558, Sec. 605(d), in amending subsec. (e)
generally, inserted provisions requiring that the audits be made public
and that they shall be conducted in accordance with the Comptroller
General's standards.
Subsec. (f). Pub. L. 98-558, Sec. 605(e), inserted ``unless enacted
in express limitation of this paragraph''.
Subsec. (h). Pub. L. 98-558, Sec. 605(f), inserted ``(but not less
frequently than every three years)''.
Effective Date of 1994 Amendment
Amendment by Pub. L. 103-252 effective Oct. 1, 1994, see section 314
of Pub. L. 103-252, set out as a note under section 8621 of this title.
Effective Date of 1990 Amendment
Amendment by Pub. L. 101-501 effective Oct. 1, 1990, see section
1001(a) of Pub. L. 101-501, set out as a note under section 8621 of this
title.
Effective Date of 1986 Amendment
Amendment by section 504(a)-(d) of Pub. L. 99-425 not applicable
with respect to any fiscal year beginning in or before the 60-day period
ending on Oct. 1, 1986, and amendment by section 504(e) effective Oct.
1, 1986, see section 1001 of Pub. L. 99-425, set out as a note under
section 8621 of this title.
Effective Date of 1984 Amendment
Amendment by Pub. L. 98-558 effective on first day of first fiscal
year beginning after Oct. 30, 1984, see section 609(b) of Pub. L. 98-
558, set out as a note under section 8621 of this title.
Clarification on Utility Allowances
Pub. L. 102-550, title IX, Sec. 927, Oct. 28, 1992, 106 Stat. 3885,
as amended by Pub. L. 103-185, Sec. 1, Dec. 14, 1993, 107 Stat. 2244,
provided that:
``(a) Eligibility.--Tenants who--
``(1) are responsible for making out-of-pocket payments for
utility bills; and
``(2) receive energy assistance through utility allowances that
include energy costs under programs identified in subsection (c);
shall not have their eligibility or benefits under other programs
designed to assist low-income people with increases in energy costs
since 1978 reduced or eliminated, except as provided in subsection (d).
``(b) Equal Treatment in Benefit Programs.--Tenants described in
subsection (a) shall be treated identically with other households
eligible for or receiving energy assistance, including in the
determination of the home energy costs for which they are individually
responsible and in the determination of their incomes for any program in
which eligibility or benefits are based on need, except as provided in
subsection (d).
``(c) Applicability.--This section applies to programs under the
United States Housing Act of 1937 [42 U.S.C. 1437 et seq.], the National
Housing Act [12 U.S.C. 1701 et seq.], section 101 of the Housing and
Urban Development Act of 1965 [12 U.S.C. 1701s], section 202 of the
Housing Act of 1959 [12 U.S.C. 1701q], and title V of the Housing Act of
1949 [42 U.S.C. 1471 et seq.].
``(d) Special Rule for Low-Income Home Energy Assistance Program.--
For purposes of the Low-Income Home Energy Assistance Program, tenants
described in subsection (a)(2) who are responsible for paying some or
all heating or cooling costs shall not have their eligibility
automatically denied. A State may consider the amount of the heating or
cooling component of utility allowances received by tenants described in
subsection (a)(2) when setting benefit levels under the Low-Income Home
Energy Assistance Program. The size of any reduction in Low-Income Home
Energy Assistance Program benefits must be reasonably related to the
amount of the heating or cooling component of the utility allowance
received and must ensure that the highest level of assistance will be
furnished to those households with the lowest incomes and the highest
energy costs in relation to income, taking into account family size, in
compliance with section 2605(b)(5) of the Low-Income Home Energy
Assistance Act of 1981 (42 U.S.C. 8624(b)(5)).''
Section Referred to in Other Sections
This section is referred to in sections 8623, 8626a, 8626b, 8627,
8629 of this title.
Sec. 8625. Nondiscrimination provisions
(a) Prohibitions
No person shall on the ground of race, color, national origin, or
sex be excluded from participation in, be denied the benefits of, or be
subjected to discrimination under, any program or activity funded in
whole or in part with funds made available under this subchapter. Any
prohibition against discrimination on the basis of age under the Age
Discrimination Act of 1975 [42 U.S.C. 6101 et seq.] or with respect to
an otherwise qualified handicapped individual as provided in section 794
of title 29 also shall apply to any such program or activity.
(b) Procedures applicable to secure compliance
Whenever the Secretary determines that a State that has received a
payment under this subchapter has failed to comply with subsection (a)
of this section or an applicable regulation, he shall notify the chief
executive officer of the State and shall request him to secure
compliance. If within a reasonable period of time, not to exceed 60
days, the chief executive officer fails or refuses to secure compliance,
the Secretary is authorized to (1) refer the matter to the Attorney
General with a recommendation that an appropriate civil action be
instituted; (2) exercise the powers and functions provided by title VI
of the Civil Rights Act of 1964 [42 U.S.C. 2000d et seq.], the Age
Discrimination Act of 1975 [42 U.S.C. 6101 et seq.], or section 794 of
title 29, as may be applicable; or (3) take such other action as may be
provided by law.
(c) Maintenance of civil actions
When a matter is referred to the Attorney General pursuant to
subsection (b) of this section, or whenever he has reason to believe
that the State is engaged in a pattern or practice in violation of the
provisions of this section, the Attorney General may bring a civil
action in any appropriate United States district court for such relief
as may be appropriate, including injunctive relief.
(Pub. L. 97-35, title XXVI, Sec. 2606, Aug. 13, 1981, 95 Stat. 900.)
References in Text
The Age Discrimination Act of 1975, referred to in subsecs. (a) and
(b), is title III of Pub. L. 94-135, Nov. 28, 1975, 78 Stat. 728, as
amended, which is classified generally to chapter 76 (Sec. 6101 et seq.)
of this title. For complete classification of this Act to the Code, see
Short Title note set out under section 6101 of this title and Tables.
The Civil Rights Act of 1964, referred to in subsec. (b), is Pub. L.
88-352, July 2, 1964, 78 Stat. 241, as amended. Title VI of the Civil
Rights Act of 1964 is classified generally to subchapter V (Sec. 2000d
et seq.) of chapter 21 of this title. For complete classification of
this Act to the Code, see Short Title note set out under section 2000a
of this title and Tables.
Section Referred to in Other Sections
This section is referred to in section 8626b of this title.
Sec. 8626. Payments to States; fiscal year requirements respecting availability, etc.
(a)(1) From its allotment under section 8623 of this title, the
Secretary shall make payments to each State in accordance with section
6503(a) of title 31, for use under this subchapter.
(2) Each State shall notify the Secretary, not later than 2 months
prior to the close of a fiscal year, of the amount (if any) of its
allotment for such year that will not be obligated in such year, and, if
such State elects to submit a request described in subsection (b)(2) of
this section, such State shall submit such request at the same time. The
Secretary shall make no payment under paragraph (1) to a State for a
fiscal year unless the State has complied with this paragraph with
respect to the prior fiscal year.
(b)(1) If--
(A) the Secretary determines that, as of September 1 of any
fiscal year, an amount allotted to a State under section 8623 of
this title for any fiscal year will not be used by such State during
such fiscal year;
(B) the Secretary--
(i) notifies the chief executive officer of such State; and
(ii) publishes a timely notice in the Federal Register;
that, after the 30-day period beginning on the date of the notice to
such chief executive officer, such amount may be reallotted; and
(C) the State does not request, under paragraph (2), that such
amount be held available for such State for the following fiscal
year;
then such amount shall be treated by the Secretary for purposes of this
subchapter as an amount appropriated for the following fiscal year to be
allotted under section 8623 of this title for such following fiscal
year.
(2)(A) Any State may request that an amount allotted to such State
for a fiscal year be held available for such State for the following
fiscal year. Such request shall include a statement of the reasons that
the amount allotted to such State for a fiscal year will not be used by
such State during such fiscal year and a description of the types of
assistance to be provided with the amount held available for the
following fiscal year. Any amount so held available for the following
fiscal year shall not be taken into account in computing the allotment
of or the amount payable to such State for such fiscal year under this
subchapter.
(B) No amount may be held available under this paragraph for a State
from a prior fiscal year to the extent such amount exceeds 10 percent of
the amount payable to such State for such prior fiscal year and not
transferred pursuant to section 8623(f) of this title. For purposes of
the preceding sentence, the amount payable to a State but not
transferred by the State for a fiscal year shall be determined without
regard to any amount held available under this paragraph for such State
for such fiscal year from the prior fiscal year.
(C) The Secretary shall reallot amounts made available under this
paragraph for the fiscal year following the fiscal year of the original
allotment in accordance with paragraph (1) of this subsection.
(3) During the 30-day period described in paragraph (1)(B), comments
may be submitted to the Secretary. After considering such comments, the
Secretary shall notify the chief executive officer of the State of any
decision to reallot funds, and shall publish such decision in the
Federal Register.
(Pub. L. 97-35, title XXVI, Sec. 2607, Aug. 13, 1981, 95 Stat. 900; Pub.
L. 98-558, title VI, Sec. 606, Oct. 30, 1984, 98 Stat. 2892; Pub. L.
101-501, title VII, Sec. 706, Nov. 3, 1990, 104 Stat. 1260; Pub. L. 103-
252, title III, Sec. 310, May 18, 1994, 108 Stat. 661.)
Codification
In subsec. (a)(1), ``section 6503(a) of title 31'' substituted for
``section 203 of the Intergovernmental Cooperation Act of 1968 [42
U.S.C. 4213]'' on authority of Pub. L. 97-258, Sec. 4(b), Sept. 13,
1982, 96 Stat. 1067, the first section of which enacted Title 31, Money
and Finance.
Amendments
1994--Subsec. (a). Pub. L. 103-252 designated existing provisions as
par. (1) and added par. (2).
1990--Subsec. (b)(2)(B). Pub. L. 101-501 substituted ``10 percent''
for ``15 percent''.
1984--Subsec. (b)(2)(A). Pub. L. 98-558, Sec. 606(a), inserted
``Such request shall include a statement of the reasons that the amount
allotted to such State for a fiscal year will not be used by such State
during such fiscal year and a description of the types of assistance to
be provided with the amount held available for the following fiscal
year.'' and ``or the amount payable to'' after ``computing the allotment
of''.
Subsec. (b)(2)(B). Pub. L. 98-558, Sec. 606(b), substituted ``15
percent'' for ``25 percent'', ``payable to such State for such prior
fiscal year and not transferred pursuant to section 8623(f) of this
title'' for ``allotted to such State for such prior fiscal year'', and
``payable to a State but not transferred by the State'' for ``allotted
to a State'' in second sentence.
Subsec. (b)(2)(C). Pub. L. 98-558, Sec. 606(c), added subpar. (C).
Effective Date of 1994 Amendment
Amendment by Pub. L. 103-252 effective Oct. 1, 1994, see section 314
of Pub. L. 103-252, set out as a note under section 8621 of this title.
Effective Date of 1990 Amendment
Amendment by Pub. L. 101-501 effective Oct. 1, 1990, see section
1001(a) of Pub. L. 101-501, set out as a note under section 8621 of this
title.
Effective Date of 1984 Amendment
Amendment by Pub. L. 98-558 applicable to amounts held available for
fiscal years beginning after Sept. 30, 1985, see section 609(c) of Pub.
L. 98-558, set out as a note under section 8621 of this title.
Section Referred to in Other Sections
This section is referred to in section 8623 of this title.
Sec. 8626a. Incentive program for leveraging non-Federal resources
(a) Allotment of funds
Beginning in fiscal year 1992, the Secretary may allocate amounts
appropriated under section 8621(d) of this title to provide
supplementary funds to States that have acquired non-Federal leveraged
resources for the program established under this subchapter.
(b) ``Leveraged resources'' defined
For purposes of this section, the term ``leveraged resources'' means
the benefits made available to the low-income home energy assistance
program of the State, or to federally qualified low-income households,
that--
(1) represent a net addition to the total energy resources
available to State and federally qualified households in excess of
the amount of such resources that could be acquired by such
households through the purchase of energy at commonly available
household rates; and
(2)(A) result from the acquisition or development by the State
program of quantifiable benefits that are obtained from energy
vendors through negotiation, regulation or competitive bid; or
(B) are appropriated or mandated by the State for distribution--
(i) through the State program; or
(ii) under the plan referred to in section 8624(c)(1)(A) of
this title to federally qualified low-income households and such
benefits are determined by the Secretary to be integrated with
the State program.
(c) Formula for distribution of amounts
(1) Distribution of amounts made available under this section shall
be based on a formula developed by the Secretary that is designed to
take into account the success in leveraging existing appropriations in
the preceding fiscal year as measured under subsection (d) of this
section. Such formula shall take into account the size of the allocation
of the State under this subchapter and the ratio of leveraged resources
to such allocation.
(2) A State may expend funds allocated under this subchapter as are
necessary, not to exceed 0.08 percent of such allocation or $35,000 each
fiscal year, whichever is greater, to identify, develop, and demonstrate
leveraging programs. Funds allocated under this section shall only be
used for increasing or maintaining benefits to households.
(d) Dollar value of leveraged resources
Each State shall quantify the dollar value of leveraged resources
received or acquired by such State under this section by using the best
available data to calculate such leveraged resources less the sum of any
costs incurred by the State to leverage such resources and any cost
imposed on the federally eligible low-income households in such State.
(e) Report to Secretary
Not later than 2 months after the close of the fiscal year during
which the State provided leveraged resources to eligible households, as
described in subsection (b) of this section, each State shall prepare
and submit, to the Secretary, a report that quantifies the leveraged
resources of such State in order to qualify for assistance under this
section for the following fiscal year.
(f) Determination of State share; regulations; documentation
The Secretary shall determine the share of each State of the amounts
made available under this section based on the formula described in
subsection (c) of this section and the State reports. The Secretary
shall promulgate regulations for the calculation of the leveraged
resources of the State and for the submission of supporting
documentation. The Secretary may request any documentation that the
Secretary determines necessary for the verification of the application
of the State for assistance under this section.
(Pub. L. 97-35, title XXVI, Sec. 2607A, as added Pub. L. 101-501, title
VII, Sec. 707(a), Nov. 3, 1990, 104 Stat. 1260; amended Pub. L. 103-252,
title III, Sec. 311(a)(2), (c)(6), May 18, 1994, 108 Stat. 661, 662.)
Amendments
1994--Subsec. (c)(2). Pub. L. 103-252, Sec. 311(c)(6), substituted
``0.08 percent'' for ``.0008 percent''.
Subsec. (e). Pub. L. 103-252, Sec. 311(a)(2), substituted ``2 months
after the close of the fiscal year during which the State provided
leveraged resources to eligible households, as described in subsection
(b) of this section'' for ``July 31, of each year''.
Effective Date of 1994 Amendment
Amendment by Pub. L. 103-252 effective Oct. 1, 1994, see section 314
of Pub. L. 103-252, set out as a note under section 8621 of this title.
Effective Date
Section effective Oct. 1, 1990, see section 1001(a) of Pub. L. 101-
501, set out as an Effective Date of 1990 Amendment note under section
8621 of this title.
Section Referred to in Other Sections
This section is referred to in section 8621 of this title.
Sec. 8626b. Residential Energy Assistance Challenge option (R.E.A.Ch.)
(a) Purpose
The purpose of the Residential Energy Assistance Challenge (in this
section referred to as ``R.E.A.Ch.'') program is to--
(1) minimize health and safety risks that result from high
energy burdens on low-income Americans;
(2) prevent homelessness as a result of inability to pay energy
bills;
(3) increase the efficiency of energy usage by low-income
families; and
(4) target energy assistance to individuals who are most in
need.
(b) Funding
(1) Allocation
For each of the fiscal years 1996 through 1999, the Secretary
may allocate not more than 25 percent of the amount made available
pursuant to section 8621(d) of this title for such fiscal year to a
R.E.A.Ch. fund for the purpose of making incentive grants to States
that submit qualifying plans that are approved by the Secretary as
R.E.A.Ch. initiatives. States may use such grants for the costs of
planning, implementing, and evaluating the initiative.
(2) Reservation
The Secretary shall reserve from any funds allocated under this
subsection, funds to make additional payments to State R.E.A.Ch.
programs that--
(A) have energy efficiency education services plans that
meet quality standards established by the Secretary in
consultation with the Secretary of Energy; and
(B) have the potential for being replicable model designs
for other programs.
States shall use such supplemental funds for the implementation and
evaluation of the energy efficiency education services.
(c) Criteria
(1) In general
Not later than May 31, 1995, the Secretary shall establish
criteria for approving State plans required by subsection (a) of
this section, for energy efficiency education quality standards
described in subsection (b)(2)(A) of this section, and for the
distribution of funds to States with approved plans.
(2) Documentation
Notwithstanding the limitations of section 8624(b) of this title
regarding the authority of the Secretary with respect to plans, the
Secretary may require a State to provide appropriate documentation
that its R.E.A.Ch. activities conform to the State plan as approved
by the Secretary.
(d) Focus
The State may designate all or part of the State, or all or part of
the client population, as a focus of its R.E.A.Ch. initiative.
(e) State plans
(1) In general
Each State plan shall include each of the elements described in
paragraph (2), to be met by State and local agencies.
(2) Elements of State plans
Each State plan shall include--
(A) an assurance that such State will deliver services
through community-based nonprofit entities in such State, by--
(i) awarding grants to, or entering into contracts with,
such entities for the purpose of providing such services and
payments directly to individuals eligible for benefits; or
(ii) if a State makes payments directly to eligible
individuals or energy suppliers, making contracts with such
entities to administer such programs, including--
(I) determining eligibility;
(II) providing outreach services; and
(III) providing benefits other than payments;
(B) an assurance that, in awarding grants or entering into
contracts to carry out its R.E.A.Ch. initiative, the State will
give priority to organizations that--
(i) are described in section 9902(1) of this title,
except where significant geographic portions of the State
are not served by such entities;
(ii) the Secretary has determined have a record of
successfully providing services under the Low-Income Home
Energy Assistance Program; and
(iii) receive weatherization assistance program funds
under part A of title IV of the Energy Conservation and
Production Act [42 U.S.C. 6861 et seq.];
except that a State may not require any such entity to operate a
R.E.A.Ch. program;
(C) an assurance that, subject to subparagraph (D), each
entity that receives a grant or enters into a contract under
subparagraph (A)(i) will provide a variety of services and
benefits, including--
(i) payments to, or on behalf of, individuals eligible
for residential energy assistance services and benefits
under section 8624(b) of this title for home energy costs;
(ii) energy efficiency education;
(iii) residential energy demand management services,
including any other energy related residential repair and
energy efficiency improvements in coordination with, or
delivered by, Department of Energy weatherization assistance
programs at the discretion of the State;
(iv) family services, such as counseling and needs
assessment, related to energy budget management, payment
plans, and related services; and
(v) negotiation with home energy suppliers on behalf of
households eligible for R.E.A.Ch. services and benefits;
(D) a description of the methodology the State and local
agencies will use to determine--
(i) which households will receive one or more forms of
benefits under the State R.E.A.Ch. initiative;
(ii) the cases in which nonmonetary benefits are likely
to provide more cost-effective long-term outcomes than
payment benefits alone; and
(iii) the amount of such benefit required to meet the
goals of the program;
(F) \1\ a method for targeting nonmonetary benefits;
---------------------------------------------------------------------------
\1\ So in original. No subpar. (E) has been enacted.
---------------------------------------------------------------------------
(G) a description of the crisis and emergency assistance
activities the State will undertake that are designed to--
(i) discourage family energy crises;
(ii) encourage responsible vendor and consumer behavior;
and
(iii) provide only financial incentives that encourage
household payment;
(H) a description of the activities the State will undertake
to--
(i) provide incentives for recipients of assistance to
pay home energy costs; and
(ii) provide incentives for vendors to help reduce the
energy burdens of recipients of assistance;
(I) an assurance that the State will require each entity
that receives a grant or enters into a contract under this
section to solicit and be responsive to the views of individuals
who are financially eligible for benefits and services under
this section in establishing its local program;
(J) a description of performance goals for the State
R.E.A.Ch. initiative including--
(i) a reduction in the energy costs on participating
households over one or more fiscal years;
(ii) an increase in the regularity of home energy bill
payments by eligible households; and
(iii) an increase in energy vendor contributions towards
reducing energy burdens of eligible households;
(K) a description of the indicators that will be used by the
State to measure whether the performance goals have been
achieved;
(L) a demonstration that the plan is consistent with section
8622 of this title, paragraphs (2), (3), (4), (5), (7), (9),
(10), (11), (12), (13), and (14) of section 8624(b) of this
title, subsections (d), (e), (f), (g), (h), (i), and (j) of
section 8624 of this title, and section 8625 of this title;
(M) an assurance that benefits and services will be provided
in addition to other benefit payments and services provided
under this subchapter and in coordination with such benefit
payments and services; and
(N) an assurance that no regulated utility covered by the
plan will be required to act in a manner that is inconsistent
with applicable regulatory requirements.
(g) \2\ Cost or function
---------------------------------------------------------------------------
\2\ So in original. No subsec. (f) has been enacted.
---------------------------------------------------------------------------
None of the costs of providing services or benefits under this
section shall be considered to be an administrative cost or function for
purposes of any limitation on administrative costs or functions
contained in this subchapter.
(Pub. L. 97-35, title XXVI, Sec. 2607B, as added Pub. L. 103-252, title
III, Sec. 312, May 18, 1994, 108 Stat. 662.)
References in Text
The Energy Conservation and Production Act, referred to in subsec.
(e)(2)(B)(iii), is Pub. L. 94-385, Aug. 14, 1976, 90 Stat. 1125, as
amended. Part A of title IV of the Act is classified generally to part A
(Sec. 6861 et seq.) of subchapter III of chapter 81 of this title. For
complete classification of this Act to the Code, see Short Title note
set out under section 6801 of this title and Tables.
Effective Date
Section effective Oct. 1, 1994, see section 314 of Pub. L. 103-252,
set out as an Effective Date of 1994 Amendment note under section 8621
of this title.
Sec. 8627. Withholding of funds
(a) Improper utilization of funds; response to complaints respecting
improprieties
(1) The Secretary shall, after adequate notice and an opportunity
for a hearing conducted within the affected State, withhold funds from
any State which does not utilize its allotment substantially in
accordance with the provisions of this subchapter and the assurances
such State provided under section 8624 of this title.
(2) The Secretary shall respond in writing in no more than 60 days
to matters raised in complaints of a substantial or serious nature that
a State has failed to use funds in accordance with the provisions of
this subchapter or the assurances provided by the State under section
8624 of this title. For purposes of this paragraph, a violation of any
one of the assurances contained in section 8624(b) of this title that
constitutes a disregard of such assurance shall be considered a serious
complaint.
(b) Investigations; conduct, etc.
(1) The Secretary shall conduct in several States in each fiscal
year investigations of the use of funds received by the States under
this subchapter in order to evaluate compliance with the provisions of
this subchapter.
(2) Whenever the Secretary determines that there is a pattern of
complaints from any State in any fiscal year, the Secretary shall
conduct an investigation of the use of funds received under this
subchapter by such State in order to ensure compliance with the
provisions of this subchapter.
(3) The Comptroller General of the United States may conduct an
investigation of the use of funds received under this subchapter by a
State in order to ensure compliance with the provisions of this
subchapter.
(c) Inspection of books, documents, etc.
Pursuant to an investigation conducted under subsection (b) of this
section, a State shall make appropriate books, documents, papers, and
records available to the Secretary or the Comptroller General of the
United States, or any of their duly authorized representatives, for
examination, copying, or mechanical reproduction on or off the premises
of the appropriate entity upon a reasonable request therefor.
(d) Request for information not readily available
In conducting any investigation under subsection (b) of this
section, the Secretary may not request any information not readily
available to such State or require that any information be compiled,
collected, or transmitted in any new form not already available.
(Pub. L. 97-35, title XXVI, Sec. 2608, Aug. 13, 1981, 95 Stat. 901; Pub.
L. 98-558, title VI, Sec. 608, Oct. 30, 1984, 98 Stat. 2893; Pub. L.
101-501, title VII, Sec. 708, Nov. 3, 1990, 104 Stat. 1261.)
Amendments
1990--Subsec. (a)(2). Pub. L. 101-501 substituted ``in writing in no
more than 60 days to matters raised in'' for ``in an expeditious and
speedy manner to''.
1984--Subsec. (b)(2). Pub. L. 98-558 substituted ``the Secretary''
for ``he'' before ``shall conduct''.
Effective Date of 1990 Amendment
Amendment by Pub. L. 101-501 effective Oct. 1, 1990, see section
1001(a) of Pub. L. 101-501, set out as a note under section 8621 of this
title.
Effective Date of 1984 Amendment
Amendment by Pub. L. 98-558 effective Oct. 30, 1984, see section
609(a) of Pub. L. 98-558 set out as a note under section 8621 of this
title.
Section Referred to in Other Sections
This section is referred to in section 8624 of this title.
Sec. 8628. Limitation on use of grants for construction
Grants made under this subchapter may not be used by the State, or
by any other person with which the State makes arrangements to carry out
the purposes of this subchapter, for the purchase or improvement of
land, or the purchase, construction, or permanent improvement (other
than low-cost residential weatherization or other energy-related home
repairs) of any building or other facility.
(Pub. L. 97-35, title XXVI, Sec. 2609, Aug. 13, 1981, 95 Stat. 902.)
Sec. 8628a. Technical assistance and training
(a) Of the amounts appropriated under section 8621(b) of this title
for any fiscal year, not more than $250,000 of such amounts may be
reserved by the Secretary--
(1) to make grants to State and public agencies and private
nonprofit organizations; or
(2) to enter into contracts or jointly financed cooperative
arrangements with States and public agencies and private nonprofit
organizations;
to provide for training and technical assistance related to the purposes
of this subchapter, including collection and dissemination of
information about programs and projects assisted under this subchapter,
and ongoing matters of regional or national significance that the
Secretary finds would assist in the more effective provision of services
under this subchapter.
(b) No provision of this section shall be construed to prevent the
Secretary from making a grant pursuant to subsection (a) of this section
to one or more private nonprofit organizations that apply jointly with a
business concern to receive such grant.
(Pub. L. 97-35, title XXVI, Sec. 2609A, as added Pub. L. 99-425, title
V, Sec. 505(a), Sept. 30, 1986, 100 Stat. 975; amended Pub. L. 103-252,
title III, Sec. 311(a)(3), May 18, 1994, 108 Stat. 661.)
References in Text
This subchapter, the first and second time appearing in subsec. (a),
was in the original ``this subtitle'' which was translated as ``this
title'', meaning title XXVI of Pub. L. 97-35, as the probable intent of
Congress.
Amendments
1994--Subsec. (a). Pub. L. 103-252 substituted ``$250,000'' for
``$500,000'' in introductory provisions.
Effective Date of 1994 Amendment
Amendment by Pub. L. 103-252 effective Oct. 1, 1994, see section 314
of Pub. L. 103-252, set out as a note under section 8621 of this title.
Effective Date
Section effective Oct. 1, 1986, see section 1001 of Pub. L. 99-425,
set out as an Effective Date of 1986 Amendment note under section 8621
of this title.
Section Referred to in Other Sections
This section is referred to in section 8623 of this title.
Sec. 8629. Studies and reports
(a) The Secretary, after consultation with the Secretary of Energy,
shall provide for the collection of data, including--
(1) information concerning home energy consumption;
(2) the amount, cost and type of fuels used for households
eligible for assistance under this subchapter;
(3) the type of fuel used by various income groups;
(4) the number and income levels of households assisted by this
subchapter;
(5) the number of households which received such assistance and
include one or more individuals who are 60 years or older or
disabled or include young children; and
(6) any other information which the Secretary determines to be
reasonably necessary to carry out the provisions of this subchapter.
Nothing in this subsection may be construed to require the Secretary to
collect data which has been collected and made available to the
Secretary by any other agency of the Federal Government.
(b) The Secretary shall, no later than June 30 of each fiscal year,
submit a report to the Congress containing a detailed compilation of the
data under subsection (a) of this section with respect to the prior
fiscal year, and a report that describes for the prior fiscal year--
(1) the manner in which States carry out the requirements of
clauses (2), (5), (8), and (15) of section 8624(b) of this title;
and
(2) the impact of each State's program on recipient and eligible
households.
(Pub. L. 97-35, title XXVI, Sec. 2610, Aug. 13, 1981, 95 Stat. 902; Pub.
L. 98-558, title VI, Sec. 607, Oct. 30, 1984, 98 Stat. 2893; Pub. L. 99-
425, title V, Sec. 506, Sept. 30, 1986, 100 Stat. 976; Pub. L. 103-252,
title III, Sec. 311(c)(7), May 18, 1994, 108 Stat. 662.)
Amendments
1994--Subsec. (a)(2). Pub. L. 103-252, Sec. 311(c)(7)(A), struck out
semicolon after ``used'' and inserted semicolon after ``subchapter''.
Subsec. (a)(5). Pub. L. 103-252, Sec. 311(c)(7)(B), substituted
``disabled or include young children'' for ``handicapped''.
1986--Subsec. (b). Pub. L. 99-425 inserted provisions relating to
report describing for prior fiscal year the manner of carrying out
requirements of clauses of section 8624 of this title and impact of
State programs on recipient and eligible households.
1984--Subsec. (a). Pub. L. 98-558, Sec. 607(c), inserted at end
``Nothing in this subsection may be construed to require the Secretary
to collect data which has been collected and made available to the
Secretary by any other agency of the Federal Government.''
Subsec. (a)(2). Pub. L. 98-558, Sec. 607(a), inserted ``amount,''
before ``cost'' and inserted at end ``for households eligible for
assistance under this subchapter''.
Subsec. (a)(5), (6). Pub. L. 98-558, Sec. 607(b), added par. (5) and
redesignated former par. (5) as (6).
Subsec. (b). Pub. L. 98-558, Sec. 607(d), in amending subsec. (b)
generally, inserted ``no later than June 30 of each fiscal year,'' and
substituted ``a detailed compilation of the data under subsection (a) of
this section with respect to the prior fiscal year'' for ``a summary of
data collected under subsection (a) of this section''.
Effective Date of 1994 Amendment
Amendment by Pub. L. 103-252 effective Oct. 1, 1994, see section 314
of Pub. L. 103-252, set out as a note under section 8621 of this title.
Effective Date of 1986 Amendment
Amendment by Pub. L. 99-425 effective Oct. 1, 1986, see section 1001
of Pub. L. 99-425, set out as a note under section 8621 of this title.
Effective Date of 1984 Amendment
Amendment by Pub. L. 98-558 applicable to data collected and
compiled after Oct. 30, 1984, and this section as in effect before Oct.
30, 1984, applicable with respect to the report submitted under this
section for fiscal year 1984, see section 609(d) of Pub. L. 98-558, set
out as a note under section 8621 of this title.
Section Referred to in Other Sections
This section is referred to in section 8624 of this title.
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