§ 8623. State allotments

Footnotes

1. 1 See References in Text note below.

Legislative history

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

1. 1981

   Pub. L. 97–35 title XXVI § 2604 · 95 Stat. 357

   Enacted · 42 U.S.C. § 8623

   Pub. L. 97–35, title XXVI, § 2604, Aug. 13, 1981, 95 Stat. 894

   Source evidence

   Code source credit
   Pub. L. 97–35, title XXVI, § 2604, Aug. 13, 1981, 95 Stat. 894

   Enacted provision · exact public law section
   Sec. 2604. state allotments (a) (1) (A) Except as provided in subparagraph (B), the Secretary shall, from that percentage of the amount appropriated under section 2602(b) for each fiscal year which is remaining after the amount of allotments for such fiscal year under subsection (b)(1) 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, if for any period a State has a plan which is described in section 2605(c)(1), 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 2605(b)(9)(B)), with respect to households described in section 2605(b)(2). (2) (A) For purposes of paragraph (1), a State’s allotment percentage is the percentage which the amount the State was eligible to receive for fiscal year 1981 under the allotment formulas of the Home Energy Post, p. 902. Assistance Act of 1980 bears to the total amount available for allotment under such formulas. (B) For purposes of subparagraph (A), the allotment formulas of the Home Energy Assistance Act of 1980 shall be treated as including the rules provided by, and the rules referred to in, section 101(j) of the joint resolution entitled “Joint resolution making further continuing appropriations for the fiscal year 1981, and for other purposes”, approved December 16, 1980 (Public Law 96–536; 94 Stat. 3168), except that such allotment formulas shall not include the reallotment procedures established in section 260.108 of title 45, Code of Federal Regulations (relating to reallotment of funds under the low-income energy assistance program). (3) If the sums appropriated for any fiscal year for making grants under this title 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 title for such fiscal year shall be ratably reduced. (b) (1) The Secretary shall apportion not less than one-tenth of 1 Apportionment percentages. percent, and not more than one-half of 1 percent, of the amounts appropriated for each fiscal year to carry out this title on the basis of need among the Commonwealth of Puerto Rico, Guam, American Samoa, the Virgin Islands, 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. grants under this title upon an application submitted to the Secretary containing provisions which describe the programs for which assistance is sought under this title, and which are consistent with the requirements of section 2605. (c) Of the funds available to each State under subsection (a), a Energy crisis intervention, reserved funds. reasonable amount based on data from prior years shall be reserved by each State for energy crisis intervention. (d) (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 title 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 title; the Secretary shall reserve from amounts which would otherwise be paid to such State from amounts allotted to it under this title 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 title for such fiscal year (other than by reason of section 2607(b)(2)) as the number of Indian households described in subparagraphs (A) and (B) of section 2605(b)(2) in such State with respect to which a determination under this subsection is made bears to the number of all households described in subparagraphs (A) and (B) of section 2605(b)(2) in such State. (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 title. (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) At the option of a State, any portion of such State’s allotment under this title may be reserved by the Secretary for the purpose of making direct payments to households described in section 2605(b)(2)(A)(ii) (taking into account the application of section 2605(i)), for low-income energy assistance in accordance with guidelines issued by the Secretary. (f) A State may transfer up to 10 percent of its allotment under this section for any fiscal year for its use for such fiscal year under other provisions of Federal law providing block grants for— (1) support of activities under subtitle B of title VI (relating to community services block grant program); (2) support of activities under title XX of the Social Security 42 USC 1397. Act; or (3) support of preventive health services, alcohol, drug, and mental health services, and primary care under title XIX of the Ante, p. 535. 42 USC 701. Public Health Service Act, and maternal and child health services under title V of the Social Security Act; or any combination of the activities described in paragraphs (1), (2), and (3). 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 title shall be treated as if they were paid to the State under this title but shall not affect the computation of the State’s allotment under this title. The State shall inform the Secretary of any such transfer of funds.

2. 1984

   Human Services Reauthorization Act

   Pub. L. 98–558 § 604(a) · 98 Stat. 2878

   1. Amended · 42 U.S.C. § 8623(a)(2)

      Pub. L. 98–558, § 604(a), amended par. (2) generally

   2. Substituted · 42 U.S.C. § 8623(a)(2)

      Pub. L. 98–558, § 604(a), substituting provisions relating to State allotment computation for former provisions which also related to computation of State allotment formulas

   3. Added · 42 U.S.C. § 8623(a)(2)

      Pub. L. 98–558, § 604(a), adding subpars. (A) and (B)

   Source evidence

   Code amendment note
   Subsec. (a)(2). Pub. L. 98–558, § 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).

   Enacted provision · exact public law section
   (a) Section 2604(a)(2) is amended to read as follows: “(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 97 Stat. 871. 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 title 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. 1984

   Human Services Reauthorization Act

   Pub. L. 98–558 § 604(b) · 98 Stat. 2878

   Added · 42 U.S.C. § 8623(a)(4)

   Pub. L. 98–558, § 604(b), added par. (4)

   Source evidence

   Code amendment note
   Subsec. (a)(4). Pub. L. 98–558, § 604(b), added par. (4).

   Enacted provision · exact public law section
   (b) Section 2604(a) is amended by adding at the end thereof the following new paragraph: “(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.”.

4. 1984

   Human Services Reauthorization Act

   Pub. L. 98–558 § 603(a) · 98 Stat. 2878

   1. Inserted · 42 U.S.C. § 8623(c)

      Pub. L. 98–558, § 603(a), inserted “until March 15 of each program year” after “reserved”

   2. Inserted · 42 U.S.C. § 8623(c)

      Pub. L. 98–558, § 603(a), 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.”

   Source evidence

   Code amendment note
   Subsec. (c). Pub. L. 98–558, § 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.”

   Enacted provision · exact public law section
   (a) Section 2604(c) of the Act is amended— (1) by inserting after “reserved” the following: “until March 15 of each program year”; and (2) by adding at the end thereof the following new sentence: “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 Act, 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.”.

5. 1984

   Human Services Reauthorization Act

   Pub. L. 98–558 § 603(b) · 98 Stat. 2878

   Substituted · 42 U.S.C. § 8623(d)(1)

   Pub. L. 98–558, § 603(b), substituted “otherwise be payable” for “otherwise be paid” in provisions following subpar. (B)

   Source evidence

   Code amendment note
   Subsec. (d)(1). Pub. L. 98–558, § 603(b), substituted “otherwise be payable” for “otherwise be paid” in provisions following subpar. (B).

   Enacted provision · exact public law section
   (b) Section 2604(d)(1) of the Act is amended by striking out “otherwise be paid” and inserting in lieu thereof “otherwise be payable”.

6. 1984

   Human Services Reauthorization Act

   Pub. L. 98–558 § 603(c) · 98 Stat. 2878

   Struck · 42 U.S.C. § 8623(e)

   Pub. L. 98–558, § 603(c), struck out subsec. (e) which related to direct payments to households and State options

   Source evidence

   Code amendment note
   Subsec. (e). Pub. L. 98–558, § 603(c), struck out subsec. (e) which related to direct payments to households and State options.

   Enacted provision · exact public law section
   (c) Section 2604(e) of the Act is repealed.

7. 1984

   Human Services Reauthorization Act

   Pub. L. 98–558 § 603(d) · 98 Stat. 2878

   Substituted · 42 U.S.C. § 8623(f)

   Pub. L. 98–558, § 603(d), substituted “the funds payable to it” for “its allotment”

   Source evidence

   Code amendment note
   Subsec. (f). Pub. L. 98–558, § 603(d), substituted “the funds payable to it” for “its allotment”.

   Enacted provision · exact public law section
   (d) Section 2604(f) of the Act is amended by striking out “its allotment” and inserting in lieu thereof “the funds payable to it”.

8. 1986

   Human Services Reauthorization Act of 1986

   Pub. L. 99–425 § 505(b)(1) · 100 Stat. 966

   Inserted · 42 U.S.C. § 8623(a)(1)(A)

   Pub. L. 99–425, § 505(b)(1), inserted “after reserving any amount permitted to be reserved under section 8628a of this title and” after “remaining”

   Source evidence

   Code amendment note
   Subsec. (a)(1)(A). Pub. L. 99–425, § 505(b)(1), inserted “after reserving any amount permitted to be reserved under section 8628a of this title and” after “remaining”.

   Enacted provision · exact public law section
   (1) in subparagraph (A) by inserting “after reserving any amount permitted to be reserved under section 2609A and” after “remaining”; and

9. 1986

   Human Services Reauthorization Act of 1986

   Pub. L. 99–425 § 505(b)(2) · 100 Stat. 966

   Inserted · 42 U.S.C. § 8623(a)(1)(B)

   Pub. L. 99–425, § 505(b)(2), inserted “after reserving any amount permitted to be reserved under section 8628a of this title” after “therefor”

   Source evidence

   Code amendment note
   Subsec. (a)(1)(B). Pub. L. 99–425, § 505(b)(2), inserted “after reserving any amount permitted to be reserved under section 8628a of this title” after “therefor”.

   Enacted provision · exact public law section
   (2) in subparagraph (B) by inserting “after reserving any amount permitted to be reserved under section 2609A” after “therefor”.

10. 1986

    Human Services Reauthorization Act of 1986

    Pub. L. 99–425 § 502(a) · 100 Stat. 966

    1. Substituted · 42 U.S.C. § 8623(c)

       Pub. L. 99–425, § 502(a), substituted “the capacity” for “and the capacity”

    2. Inserted · 42 U.S.C. § 8623(c)

       Pub. L. 99–425, § 502(a), inserted “, and the ability to carry out the program in local communities”

    3. Inserted · 42 U.S.C. § 8623(c)

       Pub. L. 99–425, § 502(a), 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

    Source evidence

    Code amendment note
    Subsec. (c). Pub. L. 99–425, § 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.

    Enacted provision · exact public law section
    (a) Energy Crisis Intervention.— Section 2604(c) of the Low-Income Home Energy Assistance Act of 1981 (42 U.S.C. 8623(c)) is amended— (1) in the last sentence— (A) by striking out “and the capacity” and inserting in lieu thereof “the capacity”; and (B) by inserting “, and the ability to carry out the program in local communities” before the period at the end thereof; and (2) by adding at the end thereof the following: “The program for which funds are reserved under this subsection shall— “(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 are accepted by such entity. The preceding sentence shall not apply to a program in a geographical Disaster assistance. 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, 42 USC 5121 note. 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.”.

11. 1986

    Human Services Reauthorization Act of 1986

    Pub. L. 99–425 § 503 · 100 Stat. 966

    1. Substituted · 42 U.S.C. § 8623(d)(2)

       Pub. L. 99–425, § 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”

    2. Inserted · 42 U.S.C. § 8623(d)(2)

       Pub. L. 99–425, § 503, inserted “, or such greater amount as the Indian tribe and the State may agree upon”

    3. Inserted · 42 U.S.C. § 8623(d)(2)

       Pub. L. 99–425, § 503, 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.”

    Source evidence

    Code amendment note
    Subsec. (d)(2). Pub. L. 99–425, § 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.”

    Enacted provision · exact public law section
    SEC. 503. CALCULATION OF GRANTS TO INDIAN TRIBES. Section 2604(d)(2) of the Low-Income Home Energy Assistance Act of 1981 (42 U.S.C. 8623(d)(2)) is amended— (1) by striking out “in such State with respect to which a determination under this subsection is made” and inserting in lieu thereof “and residing within the State on the reservation of the tribes or on trust lands adjacent to such reservation”; (2) by inserting before the period at the end of such section a comma and the following: “or such greater amount as the Indian tribe and the State may agree upon”; and (3) by adding at the end thereof the following: “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.”.

12. 1990

    Augustus F. Hawkins Human Services Reauthorization Act of 1990

    Pub. L. 101–501 title VII § 703 · 104 Stat. 1222

    1. Amended · 42 U.S.C. § 8623(f)

       Pub. L. 101–501 designated existing provisions as par. (1)

    2. Redesignated · 42 U.S.C. § 8623(f)

       Pub. L. 101–501 redesignated former pars. (1) to (3) as subpars. (A) to (C), respectively

    3. Substituted · 42 U.S.C. § 8623(f)

       Pub. L. 101–501 substituted “in accordance with paragraph (2) a percentage” for “up to 10 percent”

    4. Substituted · 42 U.S.C. § 8623(f)

       Pub. L. 101–501 substituted “or a combination” for “or any combination”

    5. Substituted · 42 U.S.C. § 8623(f)

       Pub. L. 101–501 substituted “subparagraphs (A), (B), and (C)” for “paragraphs (1), (2), and (3)”

    6. Added · 42 U.S.C. § 8623(f)

       Pub. L. 101–501 added par. (2)

    Source evidence

    Code amendment note
    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).

    Enacted provision · exact public law section
    SEC. 703. STATE ALLOTMENTS. Section 2604(f) of the Low-Income Home Energy Assistance Act of 1981 (42 U.S.C. 8623(f)) is amended— (1) by redesignating paragraphs (1), (2), and (3) as subparagraphs (A), (B), and (C), respectively, (2) by inserting “(1)” after “(f)”, (3) in the matter preceding subparagraph (A), as so redesignated by paragraph (1), by striking “up to 10 percent” and inserting “in accordance with paragraph (2) a percentage”, (4) in the matter following subparagraph (C), as so redesignated by paragraph (1)— (A) by striking “any” the first place it appears and inserting “a”, and (B) by striking “paragraphs (1), (2), and (3)” and inserting “subparagraphs (A), (B), and (C)”, and (5) by adding at the end the following: “(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).”.

13. 1994

    Human Services Amendments of 1994

    Pub. L. 103–252 § 311(c)(3) · 108 Stat. 623

    Inserted · 42 U.S.C. § 8623(b)(1)

    Pub. L. 103–252, § 311(c)(3), inserted “of the United States” after “Virgin Islands”

    Source evidence

    Code amendment note
    Subsec. (b)(1). Pub. L. 103–252, § 311(c)(3), inserted “of the United States” after “Virgin Islands”.

    Enacted provision · exact public law section
    (3) Section 2604(b)(1) (42 U.S.C. 8623(b)(1)) is amended by inserting “of the United States” after “Virgin Islands”.

    Effective date note
    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.

14. 1994

    Human Services Amendments of 1994

    Pub. L. 103–252 § 304(c) · 108 Stat. 623

    Added · 42 U.S.C. § 8623(g)

    Pub. L. 103–252, § 304(c), added subsec. (g)

    Source evidence

    Code amendment note
    Subsec. (g). Pub. L. 103–252, § 304(c), added subsec. (g).

    Enacted provision · exact public law section
    (c) Allotment of Emergency Funds.— Section 2604 (42 U.S.C. 8623) is amended by adding at the end thereof the following new subsection: “(g) Notwithstanding subsections (a) through (f), the Secretary may allot amounts appropriated pursuant to section 2602(e) 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 Notification. Congress of the allotment pursuant to this subsection prior to releasing the allotted funds.”.

    Effective date note
    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.

15. 1998

    Low-Income Home Energy Assistance Amendments of 1998

    Pub. L. 105–285 § 305(1) · 112 Stat. 2702

    Substituted · 42 U.S.C. § 8623(b)(1)

    Pub. L. 105–285, § 305(1), substituted “and the Commonwealth of the Northern Mariana Islands.” for “the Northern Mariana Islands, and the Trust Territory of the Pacific Islands.”

    Source evidence

    Code amendment note
    Subsec. (b)(1). Pub. L. 105–285, § 305(1), substituted “and the Commonwealth of the Northern Mariana Islands.” for “the Northern Mariana Islands, and the Trust Territory of the Pacific Islands.”

    Enacted provision · exact public law section
    (1) in subsection (b)(1), by striking “the Northern Mariana Islands, and the Trust Territory of the Pacific Islands.” and inserting “and the Commonwealth of the Northern Mariana Islands.”;

16. 1998

    Low-Income Home Energy Assistance Amendments of 1998

    Pub. L. 105–285 § 305(2) · 112 Stat. 2702

    Substituted · 42 U.S.C. § 8623(c)(3)(B)(ii)

    Pub. L. 105–285, § 305(2), substituted “applications” for “application”

    Source evidence

    Code amendment note
    Subsec. (c)(3)(B)(ii). Pub. L. 105–285, § 305(2), substituted “applications” for “application”.

    Enacted provision · exact public law section
    (2) in subsection (c)(3)(B)(ii), by striking “application” and inserting “applications”;

17. 1998

    Low-Income Home Energy Assistance Amendments of 1998

    Pub. L. 105–285 § 305(5) · 112 Stat. 2702

    Redesignated · 42 U.S.C. § 8623(e)

    Pub. L. 105–285, § 305(5), redesignated subsec. (g) as (e)

    Source evidence

    Code amendment note
    Subsec. (e). Pub. L. 105–285, § 305(5), redesignated subsec. (g) as (e).

    Enacted provision · exact public law section
    (5) by redesignating subsection (g) as subsection (e).

18. 1998

    Low-Income Home Energy Assistance Amendments of 1998

    Pub. L. 105–285 § 305(3) · 112 Stat. 2702

    Struck · 42 U.S.C. § 8623(f)

    Pub. L. 105–285, § 305(3), struck out subsec. (f) relating to optional transfer of funds to block grants for community service programs, preventive health services, etc

    Source evidence

    Code amendment note
    Subsec. (f). Pub. L. 105–285, § 305(3), struck out subsec. (f) relating to optional transfer of funds to block grants for community service programs, preventive health services, etc.

    Enacted provision · exact public law section
    (3) by striking subsection (f);

19. 1998

    Low-Income Home Energy Assistance Amendments of 1998

    Pub. L. 105–285 § 305(5) · 112 Stat. 2702

    Redesignated · 42 U.S.C. § 8623(g)

    Pub. L. 105–285, § 305(5), redesignated subsec. (g) as (e)

    Source evidence

    Code amendment note
    Subsec. (g). Pub. L. 105–285, § 305(5), redesignated subsec. (g) as (e).

    Enacted provision · exact public law section
    (5) by redesignating subsection (g) as subsection (e).

20. 1998

    Low-Income Home Energy Assistance Amendments of 1998

    Pub. L. 105–285 title III · 112 Stat. 2702

    1. Substituted · 42 U.S.C. § 8623(g)

       Pub. L. 105–285, §§ 304(b), 305(4), substituted “subsections (a) through (d)” for “subsections (a) through (f)”

    2. Substituted · 42 U.S.C. § 8623(g)

       Pub. L. 105–285, §§ 304(b), 305(4), substituted “In determining whether to make such an allotment to a State, the Secretary shall take into account the extent to which the State was affected by the natural disaster or other emergency involved, the availability to the State of other resources under the program carried out under this subchapter or any other program, and such other factors as the Secretary may find to be relevant. Not later than 30 days after making the determination, but prior to releasing an allotted amount to a State, the Secretary shall notify Congress of the allotments made pursuant to this subsection.” for “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.”

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 105–285, §§ 304(b), 305(4), substituted “subsections (a) through (d)” for “subsections (a) through (f)” and “In determining whether to make such an allotment to a State, the Secretary shall take into account the extent to which the State was affected by the natural disaster or other emergency involved, the availability to the State of other resources under the program carried out under this subchapter or any other program, and such other factors as the Secretary may find to be relevant. Not later than 30 days after making the determination, but prior to releasing an allotted amount to a State, the Secretary shall notify Congress of the allotments made pursuant to this subsection.” for “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.”

    Enacted provision · exact public law
    TITLE III— LOW-INCOME HOME ENERGY ASSISTANCE SEC. 301. SHORT TITLE. This title may be cited as the “Low-Income Home Energy Assistance Amendments of 1998”. SEC. 302. AUTHORIZATION. (a) In general.— Section 2602(b) of the Low-Income Home Energy Assistance Act of 1981 (42 U.S.C. 8621(b)) is amended by inserting “, such sums as may be necessary for each of fiscal years 2000 and 2001, and $2,000,000,000 for each of fiscal years 2002 through 2004” after “1995 through 1999”. (b) Program Year.— Section 2602(c) of the Low-Income Home Energy Assistance Act of 1981 (42 U.S.C. 8621(c)) is amended to read as follows: “(c) Amounts appropriated under this section for any fiscal year for programs and activities under this title shall be made available for obligation in the succeeding fiscal year.”. (c) Incentive Program for Leveraging Non-Federal Resources.— Section 2602(d) of the Low-Income Home Energy Assistance Act of 1981 (42 U.S.C. 8621(d)) is amended— (1) by striking “(d)” and inserting “(d)(1)”; (2) by striking “are authorized” and inserting “is authorized”; (3) by striking “$50,000,000” and all that follows and inserting the following: “$30,000,000 for each of fiscal years 1999 through 2004, except as provided in paragraph (2).”; and (4) by adding at the end the following: “(2) For any of fiscal years 1999 through 2004 for which the amount appropriated under subsection (b) is not less than $1,400,000,000, there is authorized to be appropriated $50,000,000 to carry out section 2607A”. (d) Technical Amendments.— Section 2602(e) of the Low-Income Home Energy Assistance Act of 1981 (42 U.S.C. 8621(e)) is amended— (1) by striking “are authorized” and inserting “is authorized”; and (2) by striking “subsection (g)” and inserting “subsection (e) of such section”. SEC. 303. DEFINITIONS. Section 2603(4) of the Low-Income Home Energy Assistance Act of 1981 (42 U.S.C. 8622(4)) is amended— (1) by striking “the term” and inserting “The term”; and (2) by striking the semicolon and inserting a period. SEC. 304. NATURAL DISASTERS AND OTHER EMERGENCIES. (a) Definitions.— Section 2603 of the Low-Income Home Energy Assistance Act of 1981 (42 U.S.C. 8622) is amended— (1) by redesignating paragraphs (6) through (9) as paragraphs (8) through (11), respectively; (2) by inserting before paragraph (8) (as redesignated in paragraph (1)) the following: “(7) The term ‘natural disaster’ means a weather event (relating to cold or hot weather), flood, earthquake, tornado, hurricane, or ice storm, or an event meeting such other criteria as the Secretary, in the discretion of the Secretary, may determine to be appropriate.”; (3) by redesignating paragraphs (1) through (5) as paragraphs (2) through (6), respectively; and (4) by inserting before paragraph (2) (as redesignated in paragraph (3)) the following: “(1) The term ‘emergency’ means— “(A) a natural disaster; “(B) a significant home energy supply shortage or disruption; “(C) a significant increase in the cost of home energy, as determined by the Secretary; “(D) a significant increase in home energy disconnections reported by a utility, a State regulatory agency, or another agency with necessary data; “(E) a significant increase in participation in a public benefit program such as the food stamp program carried out under the Food Stamp Act of 1977 (7 U.S.C. 2011 et seq.), the national program to provide supplemental security income carried out under title XVI of the Social Security Act (42 U.S.C. 1381 et seq.), or the State temporary assistance for needy families program carried out under part A of title IV of the Social Security Act (42 U.S.C. 601 et seq.), as determined by the head of the appropriate Federal agency; “(F) a significant increase in unemployment, layoffs, or the number of households with an individual applying for unemployment benefits, as determined by the Secretary of Labor; or “(G) an event meeting such criteria as the Secretary, in the discretion of the Secretary, may determine to be appropriate.”. (b) Considerations.— Section 2604(g) of the Low-Income Home Energy Assistance Act of 1981 (42 U.S.C. 8623(g)) is amended by striking the last two sentences and inserting the following: “In determining whether to make such an allotment to a State, the Secretary shall take into account the extent to which the State was affected by the natural disaster or other emergency involved, the availability to the State of other resources under the program carried out under this title or any other program, and such other factors as the Secretary may find to be relevant. Not later than 30 days after making the determination, but prior to releasing an allotted amount to a State, the Secretary shall notify Congress of the allotments made pursuant to this subsection.” . SEC. 305. STATE ALLOTMENTS. Section 2604 of the Low-Income Home Energy Assistance Act of 1981 (42 U.S.C. 8623) is amended— (1) in subsection (b)(1), by striking “the Northern Mariana Islands, and the Trust Territory of the Pacific Islands.” and inserting “and the Commonwealth of the Northern Mariana Islands.”; (2) in subsection (c)(3)(B)(ii), by striking “application” and inserting “applications”; (3) by striking subsection (f); (4) in the first sentence of subsection (g), by striking “(a) through (f)” and inserting “(a) through (d)”; and (5) by redesignating subsection (g) as subsection (e). SEC. 306. ADMINISTRATION. Section 2605 of the Low-Income Home Energy Assistance Act of 1981 (42 U.S.C. 8624) is amended— (1) in subsection (b)— (A) in paragraph (9)(A), by striking “and not transferred pursuant to section 2604(f) for use under another block grant”; (B) in paragraph (14), by striking “; and” and inserting a semicolon; (C) in the matter following paragraph (14), by striking “The Secretary may not prescribe the manner in which the States will comply with the provisions of this subsection.”; and (D) in the matter following paragraph (16), by inserting before “The Secretary shall issue” the following: “The Secretary may not prescribe the manner in which the States will comply with the provisions of this subsection.”; (2) in subsection (c)(1)— (A) in subparagraph (B), by striking “States” and inserting “State”; and (B) in subparagraph (G)(i), by striking “has” and inserting “had”; and (3) in paragraphs (1) and (2)(A) of subsection (k) by inserting “, particularly those low-income households with the lowest incomes that pay a high proportion of household income for home energy” before the period. SEC. 307. PAYMENTS TO STATES. Section 2607(b)(2)(B) of the Low-Income Home Energy Assistance Act of 1981 (42 U.S.C. 8626(b)(2)(B)) is amended— (1) in the first sentence, by striking “and not transferred pursuant to section 2604(f)”; and (2) in the second sentence, by striking “but not transferred by the State”. SEC. 308. RESIDENTIAL ENERGY ASSISTANCE CHALLENGE OPTION. (a) 42 USC 8626b note. Evaluation.— The Comptroller General of the United States shall conduct an evaluation of the Residential Energy Assistance Challenge program described in section 2607B of the Low–Income Home Energy Assistance Act of 1981 (42 U.S.C. 8626b). (b) Deadline.42 USC 8626b note. Report.— Not later than 2 years after the date of enactment of this Act, the Comptroller General of the United States shall prepare and submit to Congress a report containing— (1) the findings resulting from the evaluation described in subsection (a); and (2) the State evaluations described in paragraphs (1) and (2) of subsection (b) of such section 2607B. (c) Incentives Grants.— Section 2607B(b)(1) of the Low-Income Home Energy Assistance Act of 1981 (42 U.S.C. 8626b(b)(1)) is amended by striking “For each of the fiscal years 1996 through 1999” and inserting “Tor each fiscal year”. (d) Technical Amendments.— Section 2607B of the Low–Income Home Energy Assistance Act of 1981 (42 U.S.C. 8626b) is amended— (1) in subsection (e)(2)— (A) by redesignating subparagraphs (F) through (N) as subparagraphs (E) through (M), respectively; and (B) in clause (i) of subparagraph (I) (as redesignated in subparagraph (A)), by striking “on” and inserting “of”; and (2) by redesignating subsection (g) as subsection (f). SEC. 309. TECHNICAL ASSISTANCE, TRAINING, AND COMPLIANCE REVIEWS. (a) In General.— Section 2609A(a) of the Low-Income Home Energy Assistance Act of 1981 (42 U.S.C. 8628a(a)) is amended— (1) in the matter preceding paragraph (1), by striking “$250,000” and inserting “$300,000”; (2) by striking “Secretary—” and all that follows through“(1) to make” and inserting the following: “Secretary— “(1) to— “(A) make”; (3) by striking “organizations; or” and all that follows through “(2) to enter” and inserting the following: “organizations; or “(B) enter”; (4) by striking the following: “to provide” and inserting the following: “to provide”; (5) by striking “title.” and inserting the following: “title; or “(2) to conduct onsite compliance reviews of programs supported under this title.”; and (6) in paragraph (1)(B) (as redesignated in paragraphs (2) and (3))— (A) by inserting “or interagency agreements” after “cooperative arrangements”D; and (B) by inserting “(including Federal agencies)” after “public agencies”. (b) Conforming Amendment.— The section heading of section 2609A of the Low-Income Home Energy Assistance Act of 1981 (42 U.S.C. 8628a) is amended to read as follows:

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