Title 42 — The Public Health and Welfare
Chapter 94 — Low-Income Energy Assistance
§ 8624. Applications and requirements
Statutory text
Form; assurances; public hearings
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).
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.
Certifications required for covered activities
As part of the annual application required by subsection (a), the chief executive officer of each State shall certify that the State agrees to—
use the funds available under this subchapter to—
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);
intervene in energy crisis situations;
provide low-cost residential weatherization and other cost-effective energy-related home repair; and
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;
make payments under this subchapter only with respect to—
households in which 1 or more individuals are receiving—
assistance under the State program funded under part A of title IV of the Social Security Act [42 U.S.C. 601 et seq.];
supplemental security income payments under title XVI of the Social Security Act [42 U.S.C. 1381 et seq.];
supplemental nutrition assistance program benefits under the Food and Nutrition Act of 2008 [7 U.S.C. 2011 et seq.]; or
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
households with incomes which do not exceed the greater of—
an amount equal to 150 percent of the poverty level for such State; or
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;
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 ;
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 ;
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;
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 , except that—
the State shall, before giving such special consideration, determine that the agency involved meets program and fiscal requirements established by the State; and
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;
if the State chooses to pay home energy suppliers directly, establish procedures to—
notify each participating household of the amount of assistance paid on its behalf;
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;
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
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 1 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;
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;
provide that—
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
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));
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”);
permit and cooperate with Federal investigations undertaken in accordance with section 8627 of this title;
provide for timely and meaningful public participation in the development of the plan described in subsection (c);
provide an opportunity for a fair administrative hearing to individuals whose claims for assistance under the plan described in subsection (c) are denied or are not acted upon with reasonable promptness;
cooperate with the Secretary with respect to data collecting and reporting under section 8629 of this title;
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 , 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
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 , 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.
State plan; revision; public inspection
As part of the annual application required in subsection (a), 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—
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;
describes the benefit levels to be used by the State for each type of assistance including assistance to be provided for emergency crisis intervention and for weatherization and other energy-related home repair;
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;
describes weatherization and other energy-related home repair the State will provide under subsection (k), 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;
describes any steps that will be taken (in addition to those necessary to carry out the assurance contained in paragraph (5) of subsection (b)) to target assistance to households with high home energy burdens;
describes how the State will carry out assurances in clauses (3), (4), (5), (6), (7), (8), (10), (12), (13), and (15) of subsection (b);
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—
one or more members who had attained 60 years of age;
one or more members who were disabled; and
one or more young children; and
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.
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.
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.
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.
Conduct of audits
Each State shall, in carrying out the requirements of subsection (b)(10), 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.
Payments or assistance not to be deemed income or resources for any purpose under Federal or State law; determination of excess shelter expense deduction
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, supplemental nutrition assistance program benefits, public assistance, or welfare programs.
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 and Nutrition Act of 2008 (7 U.S.C. 2014(e))—
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, except that, for purposes of the supplemental nutrition assistance program established under the Food and Nutrition Act of 2008 (7 U.S.C. 2011 et seq.), such payments or allowances were greater than $20 annually, consistent with section 5(e)(6)(C)(iv)(I) of that Act (7 U.S.C. 2014(e)(6)(C)(iv)(I)), as determined by the Secretary of Agriculture; and
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.
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.
Periodic evaluation of expenditures by Comptroller General
The Comptroller General of the United States shall, from time to time 2 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.
Certain recipients of supplemental security income ineligible for payments or assistance
A household which is described in subsection (b)(2)(A) solely by reason of clause (ii) thereof shall not be treated as a household described in subsection (b)(2) if the eligibility of the household is dependent upon—
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;
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
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.
State verification of income eligibility; policies and procedures applicable
In verifying income eligibility for purposes of subsection (b)(2)(B), 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 , or under other income assistance or service programs (as determined by the State).
Limitation on use of funds; waiver
Except as provided in paragraph (2), not more than 15 percent of the greater of—
the funds allotted to a State under this subchapter for any fiscal year; or
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, particularly those low-income households with the lowest incomes that pay a high proportion of household income for home energy.
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—
the funds allotted to a State under this subchapter for such fiscal year; or
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, particularly those low-income households with the lowest incomes that pay a high proportion of household income for home energy.
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—
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;
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
such weatherization activities have been demonstrated to produce measurable savings in energy expenditures by low-income households; or
in accordance with rules issued by the Secretary, the State demonstrates good cause for failing to satisfy the requirements specified in clause (i).
State tax credits to energy suppliers who supply home energy at reduced rates to low-income households
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.
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.
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) and suppliers will not be impeded by the use of such data.
Footnotes
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.
Pub. L. 97–35 title XXVI § 2605 · 95 Stat. 357
Enacted · 42 U.S.C. § 8624
Pub. L. 97–35, title XXVI, § 2605, Aug. 13, 1981, 95 Stat. 896
Source evidence
Code source credit
Pub. L. 97–35, title XXVI, § 2605, Aug. 13, 1981, 95 Stat. 896Enacted provision · exact public law section
Sec. 2605. applications and requirements (a) (1) Each State desiring to receive an allotment for any fiscal year under this title 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). (2) After the expiration of the first fiscal year for which a State receives funds under this title, no funds shall be allotted to such State for any fiscal year under this title unless such State conducts public hearings with respect to the proposed use and distribution of funds to be provided under this title for such fiscal year. (b) As part of the annual application required by subsection (a), the chief executive officer of each State shall certify that the State agrees to— (1) use the funds available under this title for the purposes described in section 2602(a) and otherwise in accordance with the requirements of this title, and agrees not to use such funds for any payments other than payments specified in this subsection; (2) make payments under this title 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 42 USC 601. 42 USC 608. Social Security Act (other than such aid in the form of foster care in accordance with section 408 of such Act); (ii) supplemental security income payments under title XVI of the Social Security Act; 42 USC 1381. 7 USC 2011 note. (iii) food stamps under the Food Stamp Act of 1977; or (iv) payments under section 415, 521, 541, or 542 of title 38, United States Code, or under section 306 of the Veterans’ and Survivors’ Pension Improvement Act of 1978; or 38 USC 521 note. (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; (3) conduct outreach activities designed to assure that eligible households, especially households with elderly individuals or handicapped individuals, or both, are made aware of the assistance available under this title, and any similar energy-related assistance available under subtitle B of title VI (relating to Ante, p. 511. community services block grant program) or under any other provision of law which carries out programs which were administered under the Economic Opportunity Act of 1964 before the 42 USC 2701 note. date of the enactment of this Act; (4) coordinate its activities under this title 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), under the supplemental security income program, under part A of title IV of the Social Security Act, under 42 USC 601. 42 USC 1397. title XX of the Social Security Act, under the low-income weatherization assistance program under title IV of the Energy Conservation and Production Act, or under any other provision of 42 USC 6851. law which carries out programs which were administered under the Economic Opportunity Act of 1964 before the date of the 42 USC 2701 note. enactment of this Act; (5) provide, in a manner consistent with the efficient and timely payment of benefits, that the highest level of assistance will be furnished to those households which have the lowest incomes and the highest energy costs in relation to income, taking into account family size; (6) to the extent it is necessary to designate local administrative agencies in order to carry out the purposes of this title, 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 or any other provision of law on the day before the date of the enactment of this Act, 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 title; (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 title will be treated any differently because of such assistance under applicable provisions of State law or public regulatory requirements; and (D) 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; (8) provide assurances that the State will treat owners and renters equitably under the program assisted under this title; (9) provide that— (A) in each fiscal year, the State may use for planning and administering the use of funds available under this title an amount not to exceed 10 percent of its allotment under this title for such fiscal year; and (B) the State will pay from non-Federal sources the remaining costs of planning and administering the program assisted under this title and will not use Federal funds for such remaining costs; (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 title, including procedures for monitoring the assistance provided under this title, and provide that at least every year the State shall prepare an audit of its expenditures of amounts received under this title and amounts transferred to carry out the purposes of this title; (11) permit and cooperate with Federal investigations undertaken in accordance with section 2608; (12) provide for public participation in the development of the plan described in subsection (c); and (13) provide an opportunity for a fair administrative hearing to individuals whose claims for assistance under the plan described in subsection (c) are denied or are not acted upon with reasonable promptness. The Secretary may not prescribe the manner in which the States will comply with the provisions of this subsection. (c) (1) As part of the annual application required in subsection (a), the chief executive officer of each State shall prepare and furnish to the Secretary a plan which contains provisions describing how the State will carry out the assurances contained in subsection (b). 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) shall be made available for public inspection within the State involved in such a manner as will facilitate review of, and comment upon, such plan. (d) Whenever the Secretary determines that a waiver of any Waiver requirement in subsection (b) is necessary to assist in promoting the objectives of this title, the Secretary may waive such requirement to the extent and for the period the Secretary finds necessary to enable the State involved to carry out the program under the plan. (e) Each audit required by subsection (b)(10) shall be conducted by an entity independent of any agency administering activities or services carried out under this title and shall be conducted in accordance with generally accepted accounting principles. Within 30 days after the completion of each audit, the chief executive officer of the State shall submit a copy of such audit to the legislature of the State and to the Secretary. (f) Notwithstanding any other provision of law, the amount of any home energy assistance payments or allowances provided to an eligible household under this title 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. (g) The State shall repay to the United States amounts found not to Repayment to U.S. have been expended in accordance with this title or the Secretary may offset such amounts against any other amount to which the State is or may become entitled under this title. (h) The Comptroller General of the United States shall, from time Grant expenditures, evaluation. to time, evaluate the expenditures by States of grants under this title in order to assure that expenditures are consistent with the provisions of this title and to determine the effectiveness of the State in accomplishing the purposes of this title. (i) A household which is described in subsection (b)(2)(A) solely by reason of clause (ii) thereof shall not be treated as a household described in subsection (b)(2) 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 by reason of being in an institution receiving 42 USC 1382. 42 USC 1396. payments under title XIX of the Social Security Act 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 applies; or 42 USC 1382a. (3) a child described in section 1614(f)(2) of the Social Security Act who is living together with a parent, or the spouse of a 42 USC 1382c. parent, of the child. (j) In verifying income eligibility for purposes of subsection (b)(2)(B), 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, under title XX of 42 USC 601. 42 USC 1397. the Social Security Act, under subtitle B of title VI of this Act (relating to community services block grant program), under any other provision of law which carries out programs which were administered under the Economic Opportunity Act of 1964 before the 42 USC 2701 note. date of the enactment of this Act, or under other income assistance or service programs (as determined by the State). (k) Not more than 15 percent of the greater of— (1) the funds allotted to a State under this title for any fiscal year; or (2) the funds available to such State under this title 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. (l) (1) Any State may use amounts provided under this title 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) and suppliers will not be impeded by the use of such data.Human Services Reauthorization Act
Pub. L. 98–558 § 605(a)(9) · 98 Stat. 2878
Inserted · 42 U.S.C. § 8624(b)
Pub. L. 98–558, § 605(a)(9), inserted at end “The Secretary shall issue regulations to prevent waste, fraud, and abuse in the programs assisted by this subchapter.”
Source evidence
Code amendment note
Subsec. (b). Pub. L. 98–558, § 605(a)(9), inserted at end “The Secretary shall issue regulations to prevent waste, fraud, and abuse in the programs assisted by this subchapter.”Enacted provision · exact public law section
(9) Section 2605(b) is amended by adding at the end thereof the following new sentence: “The Secretary shall issue regulations to prevent waste, fraud, and abuse in the programs assisted by this title.”.Human Services Reauthorization Act
Pub. L. 98–558 § 605(a)(1) · 98 Stat. 2878
Substituted · 42 U.S.C. § 8624(b)(1)
Pub. L. 98–558, § 605(a)(1), substituted “section” for “subsection”
Source evidence
Code amendment note
Subsec. (b)(1). Pub. L. 98–558, § 605(a)(1), substituted “section” for “subsection”.Enacted provision · exact public law section
(1) Section 2605(b)(1) of the Act is amended by striking 42 USC 8624. out “subsection” and inserting in lieu thereof “section”.Human Services Reauthorization Act
Pub. L. 98–558 § 605(a)(2) · 98 Stat. 2878
Inserted · 42 U.S.C. § 8624(b)(2)(B)
Pub. L. 98–558, § 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”
Source evidence
Code amendment note
Subsec. (b)(2)(B). Pub. L. 98–558, § 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”.Enacted provision · exact public law section
(2) Subclause (B) of section 2605(b)(2) of the Act is amended by inserting after the semicolon and flush to the margin of subclause (B) the following: “except that no household may be excluded from eligibility under this subclause for payments under this title 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”.Human Services Reauthorization Act
Pub. L. 98–558 § 605(a)(3) · 98 Stat. 2878
Inserted · 42 U.S.C. § 8624(b)(5)
Pub. L. 98–558, § 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”
Source evidence
Code amendment note
Subsec. (b)(5). Pub. L. 98–558, § 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”.Enacted provision · exact public law section
(3) Section 2605(b)(5) is amended by inserting before the semicolon a comma and the following: “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”.Human Services Reauthorization Act
Pub. L. 98–558 § 605(a)(4) · 98 Stat. 2878
Substituted · 42 U.S.C. § 8624(b)(7)(C)
Pub. L. 98–558, § 605(a)(4), substituted “adversely” for “any differently”
Source evidence
Code amendment note
Subsec. (b)(7)(C). Pub. L. 98–558, § 605(a)(4), substituted “adversely” for “any differently”.Enacted provision · exact public law section
(4) Section 2605(b)(7)(C) is amended by striking out “any differently” and inserting in lieu thereof “adversely”.Human Services Reauthorization Act
Pub. L. 98–558 § 605(a)(5) · 98 Stat. 2878
Amended · 42 U.S.C. § 8624(b)(8)
Pub. L. 98–558, § 605(a)(5), designated existing provisions as subpar. (B)
Added · 42 U.S.C. § 8624(b)(8)
Pub. L. 98–558, § 605(a)(5), added subpar. (A)
Source evidence
Code amendment note
Subsec. (b)(8). Pub. L. 98–558, § 605(a)(5), designated existing provisions as subpar. (B) and added subpar. (A).Enacted provision · exact public law section
(5) Section 2605(b)(8) of the Act is amended by inserting after “that” the following: “(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)”.Human Services Reauthorization Act
Pub. L. 98–558 § 605(a)(6) · 98 Stat. 2878
Changed · 42 U.S.C. § 8624(b)(9)(A)
Pub. L. 98–558, § 605(a)(6), in amending subpar. (A) generally
Struck · 42 U.S.C. § 8624(b)(9)(A)
Pub. L. 98–558, § 605(a)(6), in struck out “in each fiscal year” before “the State may”
Substituted · 42 U.S.C. § 8624(b)(9)(A)
Pub. L. 98–558, § 605(a)(6), in 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”
Source evidence
Code amendment note
Subsec. (b)(9)(A). Pub. L. 98–558, § 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”.Enacted provision · exact public law section
(6) Section 2605(b)(9)(A) of the Act is amended to read as follows: “(A) the State may use for planning and administering the use of funds under this title an amount not to exceed 10 percent of the funds payable to such State under this title for a fiscal year and not transferred pursuant to section 2604(f) for use under smother block grant; and”. 42 USC 8623.Human Services Reauthorization Act
Pub. L. 98–558 § 605(a)(7) · 98 Stat. 2878
Substituted · 42 U.S.C. § 8624(b)(10)
Pub. L. 98–558, § 605(a)(7), substituted “every two years” for “every year”
Source evidence
Code amendment note
Subsec. (b)(10). Pub. L. 98–558, § 605(a)(7), substituted “every two years” for “every year”.Enacted provision · exact public law section
(7) Section 2605(b)(10) of the Act is amended by striking out “every year” and inserting in lieu thereof “every two years”.Human Services Reauthorization Act
Pub. L. 98–558 § 605(a)(8) · 98 Stat. 2878
Added · 42 U.S.C. § 8624(b)(14)(17)
Pub. L. 98–558, § 605(a)(8), which directed amendment of subsec. (b) by adding pars. (14) to (17) at the end thereof, was executed by adding those pars. after par. (13) to reflect the probable intent of Congress
Source evidence
Code amendment note
Subsec. (b)(14) to (17). Pub. L. 98–558, § 605(a)(8), which directed amendment of subsec. (b) by adding pars. (14) to (17) at the end thereof, was executed by adding those pars. after par. (13) to reflect the probable intent of Congress.Enacted provision · exact public law section
(8) Section 2605(b) of the Act is amended— (A) by striking out “and” at the end of clause (12); (B) by striking out the period at the end of clause (13) and inserting in lieu thereof a semicolon; and (C) by adding at the end thereof the following new clauses: (14) describe the procedures by which households in the State are identified as eligible to participate under this title and the manner in which the State determines benefit levels; (15) describe the amount that the State will reserve in accordance with section 2604(c) in each fiscal year for energy Ante, p. 2890. 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 title 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; and (17) cooperate with the Secretary with respect to data collecting and reporting under section 2610.”.Human Services Reauthorization Act
Pub. L. 98–558 § 605(b)(1) · 98 Stat. 2878
Changed · 42 U.S.C. § 8624(c)(1)
Pub. L. 98–558, § 605(b)(1), in amending par. (1) generally
Amended · 42 U.S.C. § 8624(c)(1)
Pub. L. 98–558, § 605(b)(1), in designated existing provisions as subpar. (A)
Added · 42 U.S.C. § 8624(c)(1)
Pub. L. 98–558, § 605(b)(1), in added subpars. (B) to (E)
Source evidence
Code amendment note
Subsec. (c)(1). Pub. L. 98–558, § 605(b)(1), in amending par. (1) generally, designated existing provisions as subpar. (A) and added subpars. (B) to (E).Enacted provision · exact public law section
(1) Section 2605(c)(1) of the Act is amended to read as follows: “(c) (1) As part of the annual application required in subsection (a), 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 how the State will carry out the assurances required under subsection (b); “(B) contains estimates of the amount of funds the State will use for each of the programs under such plan; “(C) describes the eligibility requirements to be used by the State for each type of assistance to be provided under this title; “(D) describes weatherization and other energy-related home repair the State will provide under subsection (k); and “(E) contains any other information determined by the Secretary to be appropriate for purposes of this title. The chief executive officer may revise any plan prepared under this paragraph and shall furnish the revised plan to the Secretary.”.Human Services Reauthorization Act
Pub. L. 98–558 § 605(b)(2) · 98 Stat. 2878
Inserted · 42 U.S.C. § 8624(c)(2)
Pub. L. 98–558, § 605(b)(2), inserted “and each substantial revision thereof” and “or substantial revision” at the end
Source evidence
Code amendment note
Subsec. (c)(2). Pub. L. 98–558, § 605(b)(2), inserted “and each substantial revision thereof” and “or substantial revision” at the end.Enacted provision · exact public law section
(2) Section 2605(c)(2) of the Act is amended— (A) by inserting “and each substantial revision thereof” after “Each plan prepared under paragraph (1)”, and (B) by striking out the period at the end thereof and inserting in lieu thereof “or substantial revision.”.Human Services Reauthorization Act
Pub. L. 98–558 § 605(c) · 98 Stat. 2878
Changed · 42 U.S.C. § 8624(d)
Pub. L. 98–558, § 605(c), in amending subsec. (d) generally
Substituted · 42 U.S.C. § 8624(d)
Pub. L. 98–558, § 605(c), in 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
Source evidence
Code amendment note
Subsec. (d). Pub. L. 98–558, § 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.Enacted provision · exact public law section
(c) Section 2605(d) of the Act is amended to read as follows: “(d) The State shall expend funds in accordance with the State plan under this title or in accordance with revisions applicable to such plan.”.Human Services Reauthorization Act
Pub. L. 98–558 § 605(d) · 98 Stat. 2878
Changed · 42 U.S.C. § 8624(e)
Pub. L. 98–558, § 605(d), in amending subsec. (e) generally
Inserted · 42 U.S.C. § 8624(e)
Pub. L. 98–558, § 605(d), in inserted provisions requiring that the audits be made public and that they shall be conducted in accordance with the Comptroller General’s standards
Source evidence
Code amendment note
Subsec. (e). Pub. L. 98–558, § 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.Enacted provision · exact public law section
(d) Section 2605(e) of the Act is amended to read as follows: “(e) Each State shall, in carrying out the requirements of subsection (b)(10), obtain financial and compliance audits of any funds which the State receives under this title. Such audits shall be made public within the State on a timely basis. The audits shall be conducted at least every two years by an organization or person independent of any agency administering activities under this title. 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.”.Human Services Reauthorization Act
Pub. L. 98–558 § 605(e) · 98 Stat. 2878
Inserted · 42 U.S.C. § 8624(f)
Pub. L. 98–558, § 605(e), inserted “unless enacted in express limitation of this paragraph”
Source evidence
Code amendment note
Subsec. (f). Pub. L. 98–558, § 605(e), inserted “unless enacted in express limitation of this paragraph”.Enacted provision · exact public law section
(e) Section 2605(f) of the Act is amended by inserting before the comma the first time it appears the following: “unless enacted in express limitation of this paragraph”.Human Services Reauthorization Act
Pub. L. 98–558 § 605(f) · 98 Stat. 2878
Inserted · 42 U.S.C. § 8624(h)
Pub. L. 98–558, § 605(f), inserted “(but not less frequently than every three years)”
Source evidence
Code amendment note
Subsec. (h). Pub. L. 98–558, § 605(f), inserted “(but not less frequently than every three years)”.Enacted provision · exact public law section
(f) Section 2605(h) of the Act is amended by inserting “(but not less frequently than every three years)” after “time” the second place it appears.Human Services Reauthorization Act of 1986
Pub. L. 99–425 § 504(a) · 100 Stat. 966
Substituted · 42 U.S.C. § 8624(b)(5)
Pub. L. 99–425, § 504(a), substituted “in a timely manner” for “in a manner consistent with the efficient and timely payment of benefits”
Source evidence
Code amendment note
Subsec. (b)(5). Pub. L. 99–425, § 504(a), substituted “in a timely manner” for “in a manner consistent with the efficient and timely payment of benefits”.Enacted provision · exact public law section
(a) State Procedures.— Section 2605(b)(5) of the Low-Income Home Energy Assistance Act of 1981 (42 U.S.C. 8624(b)(5)) is amended by striking out “in a manner consistent with the efficient and timely payment of benefits” and inserting in lieu thereof “in a timely manner”.Human Services Reauthorization Act of 1986
Pub. L. 99–425 § 504(b) · 100 Stat. 966
Redesignated · 42 U.S.C. § 8624(b)(14)(17)
Pub. L. 99–425, § 504(b), redesignated cl. (17) as (14)
Struck · 42 U.S.C. § 8624(b)(14)(17)
Pub. L. 99–425, § 504(b), struck out former cls. (14) to (16) which read as follows:
Source evidence
Code amendment note
Subsec. (b)(14) to (17). Pub. L. 99–425, § 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;”.
Enacted provision · exact public law section
(b) Conforming Amendments.— Section 2605(b) of the Low-Income Home Energy Act of 1981 (42 U.S.C. 8624(b)) is amended— (1) by striking out clauses (14), (15), and (16); (2) by inserting “and” at the end of clause (13); and (3) by redesignating clause (17) as clause (14).Human Services Reauthorization Act of 1986
Pub. L. 99–425 § 504(c) · 100 Stat. 966
Changed · 42 U.S.C. § 8624(c)(1)
Pub. L. 99–425, § 504(c), revised provisions relating to requirements for State plans, restating as subpars. (A) to (F), provisions of former subpars. (A) to (E)
Source evidence
Code amendment note
Subsec. (c)(1). Pub. L. 99–425, § 504(c), revised provisions relating to requirements for State plans, restating as subpars. (A) to (F), provisions of former subpars. (A) to (E).Enacted provision · exact public law section
(c) Contents of State Plan.— Section 2605(c)(1) of the Low-Income Home Energy Assistance Act of 1981 (42 U.S.C. 8624(c)(1)) is amended by striking out clauses (A) through (E) and inserting in lieu thereof the following: “(A) describes the eligibility requirements to be used by the State for each type of assistance to be provided under this title, including criteria for designating an emergency under section 2604(c); “(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 Ante, p. 973. alternative use of funds reserved under section 2604(c) 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); “(E) describes how the State will carry out assurances in clauses (3), (4), (5), (6), (7), (8), (10), (12), and (13) of subsection (b); and “(F) contains any other information determined by the Secretary to be appropriate for purposes of this title.”.Human Services Reauthorization Act of 1986
Pub. L. 99–425 § 504(d) · 100 Stat. 966
Added · 42 U.S.C. § 8624(c)(3)
Pub. L. 99–425, § 504(d), added par. (3)
Source evidence
Code amendment note
Subsec. (c)(3). Pub. L. 99–425, § 504(d), added par. (3).Enacted provision · exact public law section
(d) Model State Plan Format.— Section 2605(c) of the Low-Income Home Energy Assistance Act of 1981 (42 U.S.C. 8624(c)) is amended by adding at the end thereof the following new paragraph: “(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.”.Human Services Reauthorization Act of 1986
Pub. L. 99–425 § 504(e) · 100 Stat. 966
Amended · 42 U.S.C. § 8624(f)
Pub. L. 99–425, § 504(e), designated existing provisions as par. (1)
Substituted · 42 U.S.C. § 8624(f)
Pub. L. 99–425, § 504(e), substituted “provided directly to, or indirectly for the benefit of” for “provided to”
Added · 42 U.S.C. § 8624(f)
Pub. L. 99–425, § 504(e), added par. (2)
Source evidence
Code amendment note
Subsec. (f). Pub. L. 99–425, § 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).Enacted provision · exact public law section
(e) Consistent Treatment of Energy Assistance Payments.— Section 2605(f) of the Low-Income Home Energy Assistance Act of 1981 (42 U.S.C. 8624(f)) is amended— (1) by inserting “(1)” after the subsection designation; (2) by striking out “provided to” and inserting in lieu thereof “provided directly to, or indirectly for the benefit of,”; and (3) by adding at the end thereof the following: “(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.”.Augustus F. Hawkins Human Services Reauthorization Act of 1990
Pub. L. 101–501 § 704(a)(1) · 104 Stat. 1222
Inserted · 42 U.S.C. § 8624(b)(12)
Pub. L. 101–501, § 704(a)(1), inserted “timely and meaningful” after “provide for”
Source evidence
Code amendment note
Subsec. (b)(12). Pub. L. 101–501, § 704(a)(1), inserted “timely and meaningful” after “provide for”.Enacted provision · exact public law section
(1) in paragraph (12) by inserting “timely and meaningful” after “provide for”,Augustus F. Hawkins Human Services Reauthorization Act of 1990
Pub. L. 101–501 § 704(a)(2) · 104 Stat. 1222
Added · 42 U.S.C. § 8624(b)(15)
Pub. L. 101–501, § 704(a)(2)–(4), added par. (15) at end
Source evidence
Code amendment note
Subsec. (b)(15). Pub. L. 101–501, § 704(a)(2)–(4), added par. (15) at end.Enacted provision · exact public law section
(2) in paragraph (13) by striking “and” at the end,Augustus F. Hawkins Human Services Reauthorization Act of 1990
Pub. L. 101–501 § 704(b) · 104 Stat. 1222
Inserted · 42 U.S.C. § 8624(c)(2)
Pub. L. 101–501, § 704(b), inserted “timely and meaningful” after “will facilitate”
Source evidence
Code amendment note
Subsec. (c)(2). Pub. L. 101–501, § 704(b), inserted “timely and meaningful” after “will facilitate”.Enacted provision · exact public law section
(b) State Plan.— Section 2605(c)(2) of the Low-Income Home Energy Assistance Act of 1981 (42 U.S.C. 8624(c)(2)) is amended by inserting “timely and meaningful” after “will facilitate”.Augustus F. Hawkins Human Services Reauthorization Act of 1990
Pub. L. 101–501 § 705 · 104 Stat. 1222
Amended · 42 U.S.C. § 8624(k)
Pub. L. 101–501, § 705, designated existing provisions as par. (1)
Redesignated · 42 U.S.C. § 8624(k)
Pub. L. 101–501, § 705, redesignated former pars. (1) and (2) as subpars. (A) and (B), respectively
Substituted · 42 U.S.C. § 8624(k)
Pub. L. 101–501, § 705, substituted “Except as provided in paragraph (2), not” for “Not”
Added · 42 U.S.C. § 8624(k)
Pub. L. 101–501, § 705, added par. (2)
Source evidence
Code amendment note
Subsec. (k). Pub. L. 101–501, § 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).Enacted provision · exact public law section
SEC. 705. AUTHORITY TO USE FUNDS FOR WEATHERIZATION. Section 2605(k) of the Low-Income Home Energy Assistance Act of 1981 (42 U.S.C. 8624(k)) is amended— (1) by redesignating paragraphs (1) and (2) as subparagraphs (A) and (B), (2) by striking “Not” and inserting “(1) Except as provided in paragraph (2), not”, and (3) by adding at the end the following: “(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 title for such fiscal year; or “(ii) the funds available to such State under this title 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 title 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 title in the preceding fiscal year; “(II) the aggregate amounts of benefits that will be received under this title 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 title 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).”.Pub. L. 102–83 § 5(c)(2) · 105 Stat. 378
Substituted · 42 U.S.C. § 8624(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”
Source evidence
Code amendment note
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”.Enacted provision · exact public law section
(2) Any reference in a provision of law other than title 38, United States Code, to a section redesignated by subsection (a) shall be deemed to refer to the section as so redesignated.Human Services Amendments of 1994
Pub. L. 103–252 § 311(c)(4) · 108 Stat. 623
Changed · 42 U.S.C. § 8624(b)
Pub. L. 103–252, § 311(c)(4), transferred the sentence immediately preceding par. (15) to appear as a flush sentence immediately after par. (16)
Source evidence
Code amendment note
Subsec. (b). Pub. L. 103–252, § 311(c)(4), transferred the sentence immediately preceding par. (15) to appear as a flush sentence immediately after par. (16).Enacted provision · exact public law section
(4) The sentence that immediately precedes paragraph (15) of section 2605(b) (42 U.S.C. 8624(b)) is transferred so as to appear as a flush sentence immediately after paragraph (16).Human Services Amendments of 1994
Pub. L. 103–252 § 311(b) · 108 Stat. 623
Inserted · 42 U.S.C. § 8624(b)
Pub. L. 103–252, § 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.”
Target inherited from the preceding amendment note.
Source evidence
Code amendment note
Pub. L. 103–252, § 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.”Enacted provision · exact public law section
(b) Criteria and Report.— Section 2605(b) (42 U.S.C. 8624(b)) is amended by adding at the end the following: “Not later than 18 months after the date of the enactment of the Low-Income Home Energy Assistance Amendments of 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 title. 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.”.Human Services Amendments of 1994
Pub. L. 103–252 § 305(a) · 108 Stat. 623
Amended · 42 U.S.C. § 8624(b)(1)
Pub. L. 103–252, § 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;”
Source evidence
Code amendment note
Subsec. (b)(1). Pub. L. 103–252, § 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;”.Enacted provision · exact public law section
(a) In General.— Paragraph (1) of section 2605(b) (42 U.S.C. 8624(b)(1) is amended to read as follows: “(1) use the funds available under this title 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 title including leveraging programs, and the State agrees not to use such funds for any purposes other than those specified in this title;”.Human Services Amendments of 1994
Pub. L. 103–252 § 306(a) · 108 Stat. 623
Substituted · 42 U.S.C. § 8624(b)(2)(B)
Pub. L. 103–252, § 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”
Source evidence
Code amendment note
Subsec. (b)(2)(B). Pub. L. 103–252, § 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”.Enacted provision · exact public law section
(a) Household Income.— Section 2605(b)(2)(B) (42 U.S.C. 8624(b)(2)(B)) is amended by striking the matter following clause (ii) and inserting the following: “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;”.Human Services Amendments of 1994
Pub. L. 103–252 title III · 108 Stat. 623
Substituted · 42 U.S.C. § 8624(b)(3)
Pub. L. 103–252, §§ 306(b), 311(c)(3), substituted “disabled” for “handicapped”
Substituted · 42 U.S.C. § 8624(b)(3)
Pub. L. 103–252, §§ 306(b), 311(c)(3), substituted “and households with high home energy burdens, are made aware” for “are made aware”
Source evidence
Code amendment note
Subsec. (b)(3). Pub. L. 103–252, §§ 306(b), 311(c)(3), substituted “disabled” for “handicapped” and “and households with high home energy burdens, are made aware” for “are made aware”.Enacted provision · exact public law
TITLE III— LOW-INCOME HOME ENERGY ASSISTANCE AMENDMENTS SECTION 301. SHORT TITLE AND REFERENCES. (a) Short Title.— This title may be cited as the “Low-Income 42 USC 8621 note. Home Energy Assistance Amendments of 1994”. (b) References.— Except as otherwise expressly provided, whenever in this title an amendment or repeal is expressed in terms of an amendment to, or repeal of, a section or other provision, the reference shall be considered to be made to a section or other provision of the Low-Income Home Energy Assistance Act of 1981 (42 U.S.C. 8621 et seq.). SEC. 302. STATEMENT OF PURPOSE. Subsection (a) of section 2602 (42 U.S.C. 8621(a)) is amended to read as follows: “(a) The Secretary is authorized to make grants, in accordance with the provisions of this title, 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.”. SEC. 303. AUTHORIZATION OF APPROPRIATIONS. (a) Amounts Authorized.— Section 2602 (42 U.S.C. 8621) is amended— (1) in subsection (b), by striking “this title” and all that follows through the end of the first sentence and inserting “this title, $2,000,000,000 for each of fiscal years 1995 through 1999”; and (2) in the last sentence of subsection (c)— (A) by striking “July 1” and inserting “October 1”; and (B) by striking “for which” and inserting “following the year in which”. (b) Incentive Program for Leveraging Non-Federal sources.— Subsection (d) of section 2602 (42 U.S.C. 8621(d)) is amended to read as follows: “(d) There are authorized to be appropriated to carry out section 2607A, $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.”. SEC. 304. EMERGENCY FUNDS. (a) Authorization of Appropriations.— Section 2602 (42 U.S.C. 8621) as amended by section 303, is further amended by adding at the end thereof the following new subsection: “(e) There are authorized to be appropriated in each fiscal year for payments under this title, in addition to amounts appropriated for distribution to all the States in accordance with section 2604 (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, 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.”. (b) Home Energy.— Section 2603 (42 U.S.C. 8622(3)) is amended— (1) by redesignating paragraphs (1), (2), (3), (4), (5), (6), and (7) as paragraphs (2), (4), (5), (6), (7), (8), and (9), respectively; (2) by inserting before paragraph (2) (as so redesignated), the following new paragraph: “(1) The term ‘energy burden’ means the expenditures of the household for home energy divided by the income of the household.” ; and (3) by inserting before paragraph (4) (as so redesignated), the following new paragraph: “(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”. (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.”. SEC. 305. AUTHORIZED USES OF FUNDS. (a) In General.— Paragraph (1) of section 2605(b) (42 U.S.C. 8624(b)(1) is amended to read as follows: “(1) use the funds available under this title 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 title including leveraging programs, and the State agrees not to use such funds for any purposes other than those specified in this title;”. (b) Encouraged Reduced Home Energy Needs.— Section 2605(b) (42 U.S.C. 8624(b)) is amended— (1) in paragraph (9)(B), by inserting before the semicolon the following: “(except for the costs of the activities described in paragraph (16))”; (2) in paragraph (15), by striking the period and inserting “; and”; and (3) by inserting after paragraph (15) the following new paragraph: “(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.”. SEC. 306. TARGETING OF ASSISTANCE TO HOUSEHOLDS WITH HIGH HOME ENERGY BURDENS. (a) Household Income.— Section 2605(b)(2)(B) (42 U.S.C. 8624(b)(2)(B)) is amended by striking the matter following clause (ii) and inserting the following: “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;”. (b) Outreach Activities.— Section 2605(b)(3) (42 U.S.C. 8624(b)(3)) is amended by striking “are made aware” and inserting “and households with high home energy burdens, are made aware.” (c) Assistance Levels.— Section 2605(b)(5) (42 U.S.C. 8624(b)(5)) is amended by inserting “or needs” after “highest energy costs”. (d) State Plan.— Section 2605(c)(1) (42 U.S.C. 8624(c)(1)) is amended— (1) by redesignating subparagraphs (E) and (F) as subparagraphs (F) and (H), respectively; and (2) by inserting after subparagraph (D) the following new subparagraph: “(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)) to target assistance to house-holds with high home energy burdens ”. SEC. 307. CLARIFICATION OF AUDIT REQUIREMENT. Section 2605 (42 U.S.C. 8624) is amended— (1) in subsection (b)(10), by striking “and provide that” and all that follows and inserting “and provide that the State will comply with the provisions of chapter 75 of title 31, United States Code (commonly known as the ‘Single Audit Act’);”; and (2) in subsection (e), by striking “at least every two years” and all that follows and inserting “in accordance with chapter 75 of title 31, United States Code.”. SEC. 308. USE OF DEPARTMENT OF ENERGY WEATHERIZATION RULES TO ACHIEVE PROGRAM CONSISTENCY. Section 2605(c)(1)(D) (42 U.S.C. 8624(c)(l)(D)) is amended by inserting before the semicolon at the end thereof the following: “, 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 title by the State for such weatherization and energy-related home repairs and improvements”. SEC. 309. MATTERS TO BE DESCRIBED IN ANNUAL APPLICATION. Section 2605(c)(1) (42 U.S.C. 8624(c)(1) is amended— (1) in subparagraph (F) (as so redesignated by section 306(d) of this Act)— (A) by striking “and (13)” and inserting “(13), and (15)”; and (B) by striking “and” at the end thereof; and (2) by inserting after subparagraph (F) (as so redesignated by section 306(d) of this Act), the following new subparagraph: “(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 title, 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”. SEC. 310. REPORT OF FUNDS AVAILABLE FOR OBLIGATION. Section 2607(a) (42 U.S.C. 8628(a)) is amended— 42 USC 8626. (1) by inserting “(1)” after the subsection designation; and (2) by adding at the end thereof the following new paragraph: “(2) Each State shall notify the Secretary, not later than 2 Notification. 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), 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.”. SEC. 311. MISCELLANEOUS AND TECHNICAL AMENDMENTS. (a) In General.— (1) Treatment of households.— Section 2605(b)(7)(D) (42 U.S.C. 8624(b)(7)(D)) is amended to read as follows: “(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 Act 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;”. (2) Incentive program.— Section 2607A(e) (42 U.S.C. 8626a(e)) is amended by striking “July 31, of each year” and inserting “2 months after the close of the fiscal year during which the State provided leveraged resources to eligible households, as described in subsection (b)”. (3) Training and technical assistance.— Section 2609A(a) is amended by striking “$500,000” and inserting 42 USC 8628a. “$250,000”. (b) Criteria and Report.— Section 2605(b) (42 U.S.C. 8624(b)) is amended by adding at the end the following: “Not later than 18 months after the date of the enactment of the Low-Income Home Energy Assistance Amendments of 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 title. 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) Technical Amendments.— (1) Section 2602 (42 U.S.C. 8621) is amended— (A) in subsection (b), as amended by section 303 of this Act— (i) by inserting “(other than section 2607A)” after “to carry out the provisions of this title”; and (ii) by striking the second period at the end thereof; and (B) in subsection (c)(1), by striking “Act” and inserting “title” (2) Section 2603(2) (42 U.S.C. 8622(2)) is amended— (A) by striking “the” in paragraph (2) and inserting “The”; and (B) by striking the semicolon at the end thereof and inserting a period. (3) Section 2604(b)(1) (42 U.S.C. 8623(b)(1)) is amended by inserting “of the United States” after “Virgin Islands”. (4) The sentence that immediately precedes paragraph (15) of section 2605(b) (42 U.S.C. 8624(b)) is transferred so as to appear as a flush sentence immediately after paragraph (16). (5) Section 2605(b)(3) (42 U.S.C. 8624(b)(3)) is amended by striking “handicapped” and inserting “disabled”. (6) Section 2607A(c)(2) (42 U.S.C. 8626a(c)(2)) is amended by striking “.0008 percent” and inserting “0.08 percent”. (7) Section 2610(a) (42 U.S.C. 8629(a)) is amended— (A) in paragraph (2), by striking the semicolon after “used” and inserting a semicolon after “title”; and (B) in paragraph (5)— (i) by striking “handicapped” and inserting “disabled”; and (ii) by inserting before the semicolon at the end thereof “or include young children”. SEC. 312. RESIDENTIAL ENERGY ASSISTANCE CHALLENGE OPTION (R.E.A.CH.). The Act is amended by inserting after section 2607A the following: “SEC. 2607B. 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 2602(d) 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), for energy efficiency education quality standards described in subsection (b)(2)(A), and for the distribution of funds to States with approved plans. “(2) Documentation.— Notwithstanding the limitations of section 2605(b) 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 673 of the Community Services Block Grant Act (42 U.S.C. 9902(1)), 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 Proauction Act (42 U.S.C. 6863 et seq.); except that a State may not require any such entity to operate a R.E.ACh. 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 2605(d) 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.ACh. 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) a method for targeting nonmonetary benefits; “(G) a description of the crisis and emergency assistance activities the State will undertake that are designed “(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.ACh. 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 house-holds; “(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 2603, paragraphs (2), (3), (4), (5), (7), (9), (10), (11), (12), (13), and (14) of section 2605(b), subsections (d), (e), (f), (g), (h), (i), and (j) of section 2605, and section 2606 of this title; “(M) an assurance that benefits and services will be provided in addition to other benefit payments and services provided under this title 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) Cost or Function.— 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 title.”. SEC. 313. SENSE OF THE CONGRESS REGARDING APPROPRIATIONS FOR LIHEAP. (a) Findings.— Congress finds the following: (1) Seventy-seven percent of the over 25 million households that were eligible for the Low-Income Home Energy Assistance Program (hereinafter referred to as “LIHEAP”) in fiscal year 1992 did not receive assistance due to a lack of funds. (2) Recent economic distress has caused significant unemployment, which has resulted in a greater need for energy assistance than ever before. (3) More than 66 percent of LIHEAP household recipients have an annual income that is below the poverty level. (4) Forty-three percent of all LIHEAP eligible households include children. (5) LIHEAP eligible households with children spend approximately 16 percent of their annual incomes on home energy costs, which is more than 4 times greater than that paid by the average household in the United States, and far beyond their means. (6) Approximately 40 percent of LIHEAP household recipients are comprised of elderly or disabled persons. (7) Congress appropriated $1,475,000,000 for LIHEAP for fiscal year 1995. (8) The Department of Energy predicts that the costs of residential fuels will increase at a pace greater than inflation. (b) Sense of the Congress.— It is the sense of the Congress that— (1) the maintenance of LIHEAP should be a high priority in order to enable low-income households, especially the working poor, the disabled, and the low-income elderly, who all depend on LIHEAP, to meet their energy costs and needs; (2) all appropriations made for LIHEAP for fiscal year 1995 should be expended; and (3) expenditures for LIHEAP for fiscal year 1996 should ensure the provision of services at the level provided in fiscal year 1995. SEC. 314. EFFECTIVE DATE. The amendments and repeals made by this title shall become effective on October 1, 1994.Human Services Amendments of 1994
Pub. L. 103–252 § 306(c) · 108 Stat. 623
Inserted · 42 U.S.C. § 8624(b)(5)
Pub. L. 103–252, § 306(c), inserted “or needs” after “highest energy costs”
Source evidence
Code amendment note
Subsec. (b)(5). Pub. L. 103–252, § 306(c), inserted “or needs” after “highest energy costs”.Enacted provision · exact public law section
(c) Assistance Levels.— Section 2605(b)(5) (42 U.S.C. 8624(b)(5)) is amended by inserting “or needs” after “highest energy costs”.Human Services Amendments of 1994
Pub. L. 103–252 § 311(a)(1) · 108 Stat. 623
Amended · 42 U.S.C. § 8624(b)(7)(D)
Pub. L. 103–252, § 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;”
Source evidence
Code amendment note
Subsec. (b)(7)(D). Pub. L. 103–252, § 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;”.Enacted provision · exact public law section
(1) Treatment of households.— Section 2605(b)(7)(D) (42 U.S.C. 8624(b)(7)(D)) is amended to read as follows: “(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 Act 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;”.Human Services Amendments of 1994
Pub. L. 103–252 § 305(b)(1) · 108 Stat. 623
Inserted · 42 U.S.C. § 8624(b)(9)(B)
Pub. L. 103–252, § 305(b)(1), inserted before semicolon at end “(except for the costs of the activities described in paragraph (16))”
Source evidence
Code amendment note
Subsec. (b)(9)(B). Pub. L. 103–252, § 305(b)(1), inserted before semicolon at end “(except for the costs of the activities described in paragraph (16))”.Enacted provision · exact public law section
(1) in paragraph (9)(B), by inserting before the semicolon the following: “(except for the costs of the activities described in paragraph (16))”;Human Services Amendments of 1994
Pub. L. 103–252 § 307(1) · 108 Stat. 623
Substituted · 42 U.S.C. § 8624(b)(10)
Pub. L. 103–252, § 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”
Source evidence
Code amendment note
Subsec. (b)(10). Pub. L. 103–252, § 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”.Enacted provision · exact public law section
(1) in subsection (b)(10), by striking “and provide that” and all that follows and inserting “and provide that the State will comply with the provisions of chapter 75 of title 31, United States Code (commonly known as the ‘Single Audit Act’);”; andHuman Services Amendments of 1994
Pub. L. 103–252 § 305(b)(2) · 108 Stat. 623
Added · 42 U.S.C. § 8624(b)(16)
Pub. L. 103–252, § 305(b)(2), (3), added par. (16)
Source evidence
Code amendment note
Subsec. (b)(16). Pub. L. 103–252, § 305(b)(2), (3), added par. (16).Enacted provision · exact public law section
(2) in paragraph (15), by striking the period and inserting “; and”; andHuman Services Amendments of 1994
Pub. L. 103–252 § 308 · 108 Stat. 623
Inserted · 42 U.S.C. § 8624(c)(1)(D)
Pub. L. 103–252, § 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”
Source evidence
Code amendment note
Subsec. (c)(1)(D). Pub. L. 103–252, § 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”.Enacted provision · exact public law section
SEC. 308. USE OF DEPARTMENT OF ENERGY WEATHERIZATION RULES TO ACHIEVE PROGRAM CONSISTENCY. Section 2605(c)(1)(D) (42 U.S.C. 8624(c)(l)(D)) is amended by inserting before the semicolon at the end thereof the following: “, 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 title by the State for such weatherization and energy-related home repairs and improvements”.Human Services Amendments of 1994
Pub. L. 103–252 § 306(d)(2) · 108 Stat. 623
Redesignated · 42 U.S.C. § 8624(c)(1)(E)
Pub. L. 103–252, § 306(d)(2), added subpar. (E). Former subpar. (E) redesignated (F)
Source evidence
Code amendment note
Subsec. (c)(1)(E). Pub. L. 103–252, § 306(d)(2), added subpar. (E). Former subpar. (E) redesignated (F).Enacted provision · exact public law section
(2) by inserting after subparagraph (D) the following new subparagraph: “(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)) to target assistance to house-holds with high home energy burdens ”.Human Services Amendments of 1994
Pub. L. 103–252 title III · 108 Stat. 623
Redesignated · 42 U.S.C. § 8624(c)(1)(F)
Pub. L. 103–252, §§ 306(d)(1), 309(1), redesignated subpar. (E) as (F)
Substituted · 42 U.S.C. § 8624(c)(1)(F)
Pub. L. 103–252, §§ 306(d)(1), 309(1), substituted “(13), and (15)” for “and (13)”
Redesignated · 42 U.S.C. § 8624(c)(1)(F)
Pub. L. 103–252, §§ 306(d)(1), 309(1), struck out “and” at end. Former subpar. (F) redesignated (H)
Source evidence
Code amendment note
Subsec. (c)(1)(F). Pub. L. 103–252, §§ 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).Enacted provision · exact public law
TITLE III— LOW-INCOME HOME ENERGY ASSISTANCE AMENDMENTS SECTION 301. SHORT TITLE AND REFERENCES. (a) Short Title.— This title may be cited as the “Low-Income 42 USC 8621 note. Home Energy Assistance Amendments of 1994”. (b) References.— Except as otherwise expressly provided, whenever in this title an amendment or repeal is expressed in terms of an amendment to, or repeal of, a section or other provision, the reference shall be considered to be made to a section or other provision of the Low-Income Home Energy Assistance Act of 1981 (42 U.S.C. 8621 et seq.). SEC. 302. STATEMENT OF PURPOSE. Subsection (a) of section 2602 (42 U.S.C. 8621(a)) is amended to read as follows: “(a) The Secretary is authorized to make grants, in accordance with the provisions of this title, 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.”. SEC. 303. AUTHORIZATION OF APPROPRIATIONS. (a) Amounts Authorized.— Section 2602 (42 U.S.C. 8621) is amended— (1) in subsection (b), by striking “this title” and all that follows through the end of the first sentence and inserting “this title, $2,000,000,000 for each of fiscal years 1995 through 1999”; and (2) in the last sentence of subsection (c)— (A) by striking “July 1” and inserting “October 1”; and (B) by striking “for which” and inserting “following the year in which”. (b) Incentive Program for Leveraging Non-Federal sources.— Subsection (d) of section 2602 (42 U.S.C. 8621(d)) is amended to read as follows: “(d) There are authorized to be appropriated to carry out section 2607A, $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.”. SEC. 304. EMERGENCY FUNDS. (a) Authorization of Appropriations.— Section 2602 (42 U.S.C. 8621) as amended by section 303, is further amended by adding at the end thereof the following new subsection: “(e) There are authorized to be appropriated in each fiscal year for payments under this title, in addition to amounts appropriated for distribution to all the States in accordance with section 2604 (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, 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.”. (b) Home Energy.— Section 2603 (42 U.S.C. 8622(3)) is amended— (1) by redesignating paragraphs (1), (2), (3), (4), (5), (6), and (7) as paragraphs (2), (4), (5), (6), (7), (8), and (9), respectively; (2) by inserting before paragraph (2) (as so redesignated), the following new paragraph: “(1) The term ‘energy burden’ means the expenditures of the household for home energy divided by the income of the household.” ; and (3) by inserting before paragraph (4) (as so redesignated), the following new paragraph: “(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”. (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.”. SEC. 305. AUTHORIZED USES OF FUNDS. (a) In General.— Paragraph (1) of section 2605(b) (42 U.S.C. 8624(b)(1) is amended to read as follows: “(1) use the funds available under this title 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 title including leveraging programs, and the State agrees not to use such funds for any purposes other than those specified in this title;”. (b) Encouraged Reduced Home Energy Needs.— Section 2605(b) (42 U.S.C. 8624(b)) is amended— (1) in paragraph (9)(B), by inserting before the semicolon the following: “(except for the costs of the activities described in paragraph (16))”; (2) in paragraph (15), by striking the period and inserting “; and”; and (3) by inserting after paragraph (15) the following new paragraph: “(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.”. SEC. 306. TARGETING OF ASSISTANCE TO HOUSEHOLDS WITH HIGH HOME ENERGY BURDENS. (a) Household Income.— Section 2605(b)(2)(B) (42 U.S.C. 8624(b)(2)(B)) is amended by striking the matter following clause (ii) and inserting the following: “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;”. (b) Outreach Activities.— Section 2605(b)(3) (42 U.S.C. 8624(b)(3)) is amended by striking “are made aware” and inserting “and households with high home energy burdens, are made aware.” (c) Assistance Levels.— Section 2605(b)(5) (42 U.S.C. 8624(b)(5)) is amended by inserting “or needs” after “highest energy costs”. (d) State Plan.— Section 2605(c)(1) (42 U.S.C. 8624(c)(1)) is amended— (1) by redesignating subparagraphs (E) and (F) as subparagraphs (F) and (H), respectively; and (2) by inserting after subparagraph (D) the following new subparagraph: “(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)) to target assistance to house-holds with high home energy burdens ”. SEC. 307. CLARIFICATION OF AUDIT REQUIREMENT. Section 2605 (42 U.S.C. 8624) is amended— (1) in subsection (b)(10), by striking “and provide that” and all that follows and inserting “and provide that the State will comply with the provisions of chapter 75 of title 31, United States Code (commonly known as the ‘Single Audit Act’);”; and (2) in subsection (e), by striking “at least every two years” and all that follows and inserting “in accordance with chapter 75 of title 31, United States Code.”. SEC. 308. USE OF DEPARTMENT OF ENERGY WEATHERIZATION RULES TO ACHIEVE PROGRAM CONSISTENCY. Section 2605(c)(1)(D) (42 U.S.C. 8624(c)(l)(D)) is amended by inserting before the semicolon at the end thereof the following: “, 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 title by the State for such weatherization and energy-related home repairs and improvements”. SEC. 309. MATTERS TO BE DESCRIBED IN ANNUAL APPLICATION. Section 2605(c)(1) (42 U.S.C. 8624(c)(1) is amended— (1) in subparagraph (F) (as so redesignated by section 306(d) of this Act)— (A) by striking “and (13)” and inserting “(13), and (15)”; and (B) by striking “and” at the end thereof; and (2) by inserting after subparagraph (F) (as so redesignated by section 306(d) of this Act), the following new subparagraph: “(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 title, 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”. SEC. 310. REPORT OF FUNDS AVAILABLE FOR OBLIGATION. Section 2607(a) (42 U.S.C. 8628(a)) is amended— 42 USC 8626. (1) by inserting “(1)” after the subsection designation; and (2) by adding at the end thereof the following new paragraph: “(2) Each State shall notify the Secretary, not later than 2 Notification. 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), 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.”. SEC. 311. MISCELLANEOUS AND TECHNICAL AMENDMENTS. (a) In General.— (1) Treatment of households.— Section 2605(b)(7)(D) (42 U.S.C. 8624(b)(7)(D)) is amended to read as follows: “(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 Act 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;”. (2) Incentive program.— Section 2607A(e) (42 U.S.C. 8626a(e)) is amended by striking “July 31, of each year” and inserting “2 months after the close of the fiscal year during which the State provided leveraged resources to eligible households, as described in subsection (b)”. (3) Training and technical assistance.— Section 2609A(a) is amended by striking “$500,000” and inserting 42 USC 8628a. “$250,000”. (b) Criteria and Report.— Section 2605(b) (42 U.S.C. 8624(b)) is amended by adding at the end the following: “Not later than 18 months after the date of the enactment of the Low-Income Home Energy Assistance Amendments of 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 title. 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) Technical Amendments.— (1) Section 2602 (42 U.S.C. 8621) is amended— (A) in subsection (b), as amended by section 303 of this Act— (i) by inserting “(other than section 2607A)” after “to carry out the provisions of this title”; and (ii) by striking the second period at the end thereof; and (B) in subsection (c)(1), by striking “Act” and inserting “title” (2) Section 2603(2) (42 U.S.C. 8622(2)) is amended— (A) by striking “the” in paragraph (2) and inserting “The”; and (B) by striking the semicolon at the end thereof and inserting a period. (3) Section 2604(b)(1) (42 U.S.C. 8623(b)(1)) is amended by inserting “of the United States” after “Virgin Islands”. (4) The sentence that immediately precedes paragraph (15) of section 2605(b) (42 U.S.C. 8624(b)) is transferred so as to appear as a flush sentence immediately after paragraph (16). (5) Section 2605(b)(3) (42 U.S.C. 8624(b)(3)) is amended by striking “handicapped” and inserting “disabled”. (6) Section 2607A(c)(2) (42 U.S.C. 8626a(c)(2)) is amended by striking “.0008 percent” and inserting “0.08 percent”. (7) Section 2610(a) (42 U.S.C. 8629(a)) is amended— (A) in paragraph (2), by striking the semicolon after “used” and inserting a semicolon after “title”; and (B) in paragraph (5)— (i) by striking “handicapped” and inserting “disabled”; and (ii) by inserting before the semicolon at the end thereof “or include young children”. SEC. 312. RESIDENTIAL ENERGY ASSISTANCE CHALLENGE OPTION (R.E.A.CH.). The Act is amended by inserting after section 2607A the following: “SEC. 2607B. 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 2602(d) 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), for energy efficiency education quality standards described in subsection (b)(2)(A), and for the distribution of funds to States with approved plans. “(2) Documentation.— Notwithstanding the limitations of section 2605(b) 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 673 of the Community Services Block Grant Act (42 U.S.C. 9902(1)), 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 Proauction Act (42 U.S.C. 6863 et seq.); except that a State may not require any such entity to operate a R.E.ACh. 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 2605(d) 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.ACh. 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) a method for targeting nonmonetary benefits; “(G) a description of the crisis and emergency assistance activities the State will undertake that are designed “(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.ACh. 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 house-holds; “(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 2603, paragraphs (2), (3), (4), (5), (7), (9), (10), (11), (12), (13), and (14) of section 2605(b), subsections (d), (e), (f), (g), (h), (i), and (j) of section 2605, and section 2606 of this title; “(M) an assurance that benefits and services will be provided in addition to other benefit payments and services provided under this title 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) Cost or Function.— 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 title.”. SEC. 313. SENSE OF THE CONGRESS REGARDING APPROPRIATIONS FOR LIHEAP. (a) Findings.— Congress finds the following: (1) Seventy-seven percent of the over 25 million households that were eligible for the Low-Income Home Energy Assistance Program (hereinafter referred to as “LIHEAP”) in fiscal year 1992 did not receive assistance due to a lack of funds. (2) Recent economic distress has caused significant unemployment, which has resulted in a greater need for energy assistance than ever before. (3) More than 66 percent of LIHEAP household recipients have an annual income that is below the poverty level. (4) Forty-three percent of all LIHEAP eligible households include children. (5) LIHEAP eligible households with children spend approximately 16 percent of their annual incomes on home energy costs, which is more than 4 times greater than that paid by the average household in the United States, and far beyond their means. (6) Approximately 40 percent of LIHEAP household recipients are comprised of elderly or disabled persons. (7) Congress appropriated $1,475,000,000 for LIHEAP for fiscal year 1995. (8) The Department of Energy predicts that the costs of residential fuels will increase at a pace greater than inflation. (b) Sense of the Congress.— It is the sense of the Congress that— (1) the maintenance of LIHEAP should be a high priority in order to enable low-income households, especially the working poor, the disabled, and the low-income elderly, who all depend on LIHEAP, to meet their energy costs and needs; (2) all appropriations made for LIHEAP for fiscal year 1995 should be expended; and (3) expenditures for LIHEAP for fiscal year 1996 should ensure the provision of services at the level provided in fiscal year 1995. SEC. 314. EFFECTIVE DATE. The amendments and repeals made by this title shall become effective on October 1, 1994.Human Services Amendments of 1994
Pub. L. 103–252 § 309(2) · 108 Stat. 623
Added · 42 U.S.C. § 8624(c)(1)(G)
Pub. L. 103–252, § 309(2), added subpar. (G)
Source evidence
Code amendment note
Subsec. (c)(1)(G). Pub. L. 103–252, § 309(2), added subpar. (G).Enacted provision · exact public law section
(2) by inserting after subparagraph (F) (as so redesignated by section 306(d) of this Act), the following new subparagraph: “(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 title, 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”.Human Services Amendments of 1994
Pub. L. 103–252 § 306(d)(1) · 108 Stat. 623
Redesignated · 42 U.S.C. § 8624(c)(1)(H)
Pub. L. 103–252, § 306(d)(1), redesignated subpar. (F) as (H)
Source evidence
Code amendment note
Subsec. (c)(1)(H). Pub. L. 103–252, § 306(d)(1), redesignated subpar. (F) as (H).Enacted provision · exact public law section
(1) by redesignating subparagraphs (E) and (F) as subparagraphs (F) and (H), respectively; andHuman Services Amendments of 1994
Pub. L. 103–252 § 307(2) · 108 Stat. 623
Substituted · 42 U.S.C. § 8624(e)
Pub. L. 103–252, § 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”
Source evidence
Code amendment note
Subsec. (e). Pub. L. 103–252, § 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”.Enacted provision · exact public law section
(2) in subsection (e), by striking “at least every two years” and all that follows and inserting “in accordance with chapter 75 of title 31, United States Code.”.Federal Reports Elimination and Sunset Act of 1995
Pub. L. 104–66 title I § 1072(c) · 109 Stat. 707
Struck · 42 U.S.C. § 8624(h)
Pub. L. 104–66 struck out “(but not less frequently than every three years),” after “from time to time”
Source evidence
Code amendment note
Subsec. (h). Pub. L. 104–66 struck out “(but not less frequently than every three years),” after “from time to time”.Enacted provision · exact public law section
(c) Report on Low-Income Home Energy Assistance Program.— Section 2605(h) of the Low-Income Home Energy Assistance Act of 1981 (Public Law 97–35; 42 U.S.C. 8624(h)), is amended by striking out “(but not less frequently than every three years),”.Personal Responsibility and Work Opportunity Reconciliation Act of 1996
Pub. L. 104–193 title I § 110(p) · 110 Stat. 2105
Amended · 42 U.S.C. § 8624(b)(2)(A)(i)
Pub. L. 104–193 amended cl. (i) generally. Prior to amendment, cl. (i) read as follows: “aid to families with dependent children under the State’s plan approved under part A of title IV of the Social Security Act (other than such aid in the form of foster care in accordance with section 408 of such Act);”
Source evidence
Code amendment note
Subsec. (b)(2)(A)(i). Pub. L. 104–193 amended cl. (i) generally. Prior to amendment, cl. (i) read as follows: “aid to families with dependent children under the State’s plan approved under part A of title IV of the Social Security Act (other than such aid in the form of foster care in accordance with section 408 of such Act);”.Enacted provision · exact public law section
(p) Section 2605(b)(2)(A)(i) of the Low-Income Home Energy Assistance Act of 1981 (42 U.S.C. 8624(b)(2)(A)(i)) is amended to read as follows: “(i) assistance under the State program funded under part A of title IV of the Social Security Act;”,Low-Income Home Energy Assistance Amendments of 1998
Pub. L. 105–285 § 306(1)(C) · 112 Stat. 2702
Struck and inserted · 42 U.S.C. § 8624(b)
Pub. L. 105–285, § 306(1)(C), (D), struck out “The Secretary may not prescribe the manner in which the States will comply with the provisions of this subsection.” in provisions after par. (14) and inserted identical language before “The Secretary shall issue” in concluding provisions after par. (16)
Source evidence
Code amendment note
Subsec. (b). Pub. L. 105–285, § 306(1)(C), (D), struck out “The Secretary may not prescribe the manner in which the States will comply with the provisions of this subsection.” in provisions after par. (14) and inserted identical language before “The Secretary shall issue” in concluding provisions after par. (16).Enacted provision · exact public law section
(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.”; andLow-Income Home Energy Assistance Amendments of 1998
Pub. L. 105–285 § 306(1)(A) · 112 Stat. 2702
Struck · 42 U.S.C. § 8624(b)(9)(A)
Pub. L. 105–285, § 306(1)(A), struck out “and not transferred pursuant to section 8623(f) of this title for use under another block grant” before the semicolon
Source evidence
Code amendment note
Subsec. (b)(9)(A). Pub. L. 105–285, § 306(1)(A), struck out “and not transferred pursuant to section 8623(f) of this title for use under another block grant” before the semicolon.Enacted provision · exact public law section
(A) in paragraph (9)(A), by striking “and not transferred pursuant to section 2604(f) for use under another block grant”;Low-Income Home Energy Assistance Amendments of 1998
Pub. L. 105–285 § 306(1)(B) · 112 Stat. 2702
Struck · 42 U.S.C. § 8624(b)(14)
Pub. L. 105–285, § 306(1)(B), struck out “and” at end
Source evidence
Code amendment note
Subsec. (b)(14). Pub. L. 105–285, § 306(1)(B), struck out “and” at end.Enacted provision · exact public law section
(B) in paragraph (14), by striking “; and” and inserting a semicolon;Low-Income Home Energy Assistance Amendments of 1998
Pub. L. 105–285 § 306(2)(A) · 112 Stat. 2702
Substituted · 42 U.S.C. § 8624(c)(1)(B)
Pub. L. 105–285, § 306(2)(A), substituted “State” for “States”
Source evidence
Code amendment note
Subsec. (c)(1)(B). Pub. L. 105–285, § 306(2)(A), substituted “State” for “States”.Enacted provision · exact public law section
(A) in subparagraph (B), by striking “States” and inserting “State”; andLow-Income Home Energy Assistance Amendments of 1998
Pub. L. 105–285 § 306(2)(B) · 112 Stat. 2702
Substituted · 42 U.S.C. § 8624(c)(1)(G)(i)
Pub. L. 105–285, § 306(2)(B), substituted “had” for “has”
Source evidence
Code amendment note
Subsec. (c)(1)(G)(i). Pub. L. 105–285, § 306(2)(B), substituted “had” for “has”.Enacted provision · exact public law section
(B) in subparagraph (G)(i), by striking “has” and inserting “had”; andLow-Income Home Energy Assistance Amendments of 1998
Pub. L. 105–285 § 306(3) · 112 Stat. 2702
Inserted · 42 U.S.C. § 8624(k)(1); 42 U.S.C. § 8624(2)(A)
Pub. L. 105–285, § 306(3), inserted before period at end “, particularly those low-income households with the lowest incomes that pay a high proportion of household income for home energy”
Source evidence
Code amendment note
Subsec. (k)(1), (2)(A). Pub. L. 105–285, § 306(3), inserted before period at end “, particularly those low-income households with the lowest incomes that pay a high proportion of household income for home energy”.Enacted provision · exact public law section
(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.Food, Conservation, and Energy Act of 2008
Pub. L. 110–246 § 4002(b)(1)(B) · 122 Stat. 1651
Substituted · 42 U.S.C. § 8624(b)(2)(A)(iii)
Pub. L. 110–246, § 4002(b)(1)(B), (E), (2)(EE), substituted “supplemental nutrition assistance program benefits” for “food stamps”
Substituted · 42 U.S.C. § 8624(b)(2)(A)(iii)
Pub. L. 110–246, § 4002(b)(1)(B), (E), (2)(EE), substituted “Food and Nutrition Act of 2008” for “Food Stamp Act of 1977”
Source evidence
Code amendment note
Subsec. (b)(2)(A)(iii). Pub. L. 110–246, § 4002(b)(1)(B), (E), (2)(EE), substituted “supplemental nutrition assistance program benefits” for “food stamps” and “Food and Nutrition Act of 2008” for “Food Stamp Act of 1977”.Enacted provision · exact public law section
(B) by striking “Food Stamp Act of 1977” each place it appears and inserting “Food and Nutrition Act of 2008”;Food, Conservation, and Energy Act of 2008
Pub. L. 110–246 § 4002(b)(1)(E) · 122 Stat. 1651
Substituted · 42 U.S.C. § 8624(f)(1)
Pub. L. 110–246, § 4002(b)(1)(E), (2)(EE), substituted “supplemental nutrition assistance program benefits” for “food stamps”
Source evidence
Code amendment note
Subsec. (f)(1). Pub. L. 110–246, § 4002(b)(1)(E), (2)(EE), substituted “supplemental nutrition assistance program benefits” for “food stamps”.Enacted provision · exact public law section
(E) by striking “food stamps” each place it appears and inserting “supplemental nutrition assistance program benefits”;Food, Conservation, and Energy Act of 2008
Pub. L. 110–246 § 4002(b)(1)(B) · 122 Stat. 1651
Substituted · 42 U.S.C. § 8624(f)(2)
Pub. L. 110–246, § 4002(b)(1)(B), (2)(EE), substituted “Food and Nutrition Act of 2008” for “Food Stamp Act of 1977” in introductory provisions
Source evidence
Code amendment note
Subsec. (f)(2). Pub. L. 110–246, § 4002(b)(1)(B), (2)(EE), substituted “Food and Nutrition Act of 2008” for “Food Stamp Act of 1977” in introductory provisions.Enacted provision · exact public law section
(B) by striking “Food Stamp Act of 1977” each place it appears and inserting “Food and Nutrition Act of 2008”;Agricultural Act of 2014
Pub. L. 113–79 title IV § 4006(b) · 128 Stat. 649
Inserted · 42 U.S.C. § 8624(f)(2)(A)
Pub. L. 113–79 inserted before semicolon “, except that, for purposes of the supplemental nutrition assistance program established under the Food and Nutrition Act of 2008 (7 U.S.C. 2011 et seq.), such payments or allowances were greater than $20 annually, consistent with section 5(e)(6)(C)(iv)(I) of that Act (7 U.S.C. 2014(e)(6)(C)(iv)(I)), as determined by the Secretary of Agriculture”
Source evidence
Code amendment note
Subsec. (f)(2)(A). Pub. L. 113–79 inserted before semicolon “, except that, for purposes of the supplemental nutrition assistance program established under the Food and Nutrition Act of 2008 (7 U.S.C. 2011 et seq.), such payments or allowances were greater than $20 annually, consistent with section 5(e)(6)(C)(iv)(I) of that Act (7 U.S.C. 2014(e)(6)(C)(iv)(I)), as determined by the Secretary of Agriculture”.Enacted provision · exact public law section
(b) Conforming Amendment.— Section 2605(f)(2)(A) of the Low-Income Home Energy Assistance Act of 1981 (42 U.S.C. 8624(f)(2)(A)) is amended by inserting before the semicolon the following: “, except that, for purposes of the supplemental nutrition assistance program established under the Food and Nutrition Act of 2008 (7 U.S.C. 2011 et seq.), such payments or allowances were greater than $20 annually, consistent with section 5(e)(6)(C)(iv)(I) of that Act (7 U.S.C. 2014(e)(6)(C)(iv)(I)), as determined by the Secretary of Agriculture”.Effective date note
Amendment by Pub. L. 113–79 effective 30 days after Feb. 7, 2014 and applicable with respect to certification periods that begin after that date, with State option to delay implementation for current recipients of standard utility allowance, see section 4006(c) of Pub. L. 113–79, set out as a note under section 2014 of Title 7, Agriculture.
66 of 71 references resolved to an enrolled provision · 5 partial
Editorial Notes
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. Part A of title IV of the Social Security Act is classified generally to part A (§ 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 (§ 1381 et seq.), XIX (§ 1396 et seq.), and XX (§ 1397 et seq.) of chapter 7 of this title, respectively. For complete classification of this Act to the Code, see section 1305 of this title and Tables.
The Food and Nutrition Act of 2008, referred to in subsecs. (b)(2)(A)(iii) and (f)(2)(A), is Pub. L. 88–525, , 78 Stat. 703, which is classified generally to chapter 51 (§ 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, , 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, § 671 et seq., , 95 Stat. 511, known as the Community Services Block Grant Act, which is classified generally to chapter 106 (§ 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, , 78 Stat. 508, which was classified generally to chapter 34 (§ 2701 et seq.) of this title prior to repeal, except for titles VIII and X, by Pub. L. 97–35, title VI, § 683(a), , 95 Stat. 519. Titles VIII and X of the Act are classified generally to subchapters VIII (§ 2991 et seq.) and X (§ 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, , 90 Stat. 1142. Title IV of the Energy Conservation and Production Act is classified principally to subchapter III (§ 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), “” substituted for “the day before the date of the enactment of this Act”, which date of enactment is .
Pub. L. 110–234 and Pub. L. 110–246 made identical amendments to this section. The amendments by Pub. L. 110–234 were repealed by section 4(a) of Pub. L. 110–246.
Amendments1984–2014 · 10 rounds
2014
Subsec. (f)(2)(A). Pub. L. 113–79 inserted before semicolon “, except that, for purposes of the supplemental nutrition assistance program established under the Food and Nutrition Act of 2008 (7 U.S.C. 2011 et seq.), such payments or allowances were greater than $20 annually, consistent with section 5(e)(6)(C)(iv)(I) of that Act (7 U.S.C. 2014(e)(6)(C)(iv)(I)), as determined by the Secretary of Agriculture”.
2008
Subsec. (b)(2)(A)(iii). Pub. L. 110–246, § 4002(b)(1)(B), (E), (2)(EE), substituted “supplemental nutrition assistance program benefits” for “food stamps” and “Food and Nutrition Act of 2008” for “Food Stamp Act of 1977”.
Subsec. (f)(1). Pub. L. 110–246, § 4002(b)(1)(E), (2)(EE), substituted “supplemental nutrition assistance program benefits” for “food stamps”.
Subsec. (f)(2). Pub. L. 110–246, § 4002(b)(1)(B), (2)(EE), substituted “Food and Nutrition Act of 2008” for “Food Stamp Act of 1977” in introductory provisions.
1998
Subsec. (b). Pub. L. 105–285, § 306(1)(C), (D), struck out “The Secretary may not prescribe the manner in which the States will comply with the provisions of this subsection.” in provisions after par. (14) and inserted identical language before “The Secretary shall issue” in concluding provisions after par. (16).
Subsec. (b)(9)(A). Pub. L. 105–285, § 306(1)(A), struck out “and not transferred pursuant to section 8623(f) of this title for use under another block grant” before the semicolon.
Subsec. (b)(14). Pub. L. 105–285, § 306(1)(B), struck out “and” at end.
Subsec. (c)(1)(B). Pub. L. 105–285, § 306(2)(A), substituted “State” for “States”.
Subsec. (c)(1)(G)(i). Pub. L. 105–285, § 306(2)(B), substituted “had” for “has”.
Subsec. (k)(1), (2)(A). Pub. L. 105–285, § 306(3), inserted before period at end “, particularly those low-income households with the lowest incomes that pay a high proportion of household income for home energy”.
1996
Subsec. (b)(2)(A)(i). Pub. L. 104–193 amended cl. (i) generally. Prior to amendment, cl. (i) read as follows: “aid to families with dependent children under the State’s plan approved under part A of title IV of the Social Security Act (other than such aid in the form of foster care in accordance with section 408 of such Act);”.
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, § 311(c)(4), transferred the sentence immediately preceding par. (15) to appear as a flush sentence immediately after par. (16).
Pub. L. 103–252, § 311(b), inserted at end “Not later than 18 months after , 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, § 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, § 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, §§ 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, § 306(c), inserted “or needs” after “highest energy costs”.
Subsec. (b)(7)(D). Pub. L. 103–252, § 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, § 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, § 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, § 305(b)(2), (3), added par. (16).
Subsec. (c)(1)(D). Pub. L. 103–252, § 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, § 306(d)(2), added subpar. (E). Former subpar. (E) redesignated (F).
Subsec. (c)(1)(F). Pub. L. 103–252, §§ 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, § 309(2), added subpar. (G).
Subsec. (c)(1)(H). Pub. L. 103–252, § 306(d)(1), redesignated subpar. (F) as (H).
Subsec. (e). Pub. L. 103–252, § 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, § 704(a)(1), inserted “timely and meaningful” after “provide for”.
Subsec. (b)(15). Pub. L. 101–501, § 704(a)(2)–(4), added par. (15) at end.
Subsec. (c)(2). Pub. L. 101–501, § 704(b), inserted “timely and meaningful” after “will facilitate”.
Subsec. (k). Pub. L. 101–501, § 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, § 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, § 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, § 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, § 504(d), added par. (3).
Subsec. (f). Pub. L. 99–425, § 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, § 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, § 605(a)(1), substituted “section” for “subsection”.
Subsec. (b)(2)(B). Pub. L. 98–558, § 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, § 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, § 605(a)(4), substituted “adversely” for “any differently”.
Subsec. (b)(8). Pub. L. 98–558, § 605(a)(5), designated existing provisions as subpar. (B) and added subpar. (A).
Subsec. (b)(9)(A). Pub. L. 98–558, § 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, § 605(a)(7), substituted “every two years” for “every year”.
Subsec. (b)(14) to (17). Pub. L. 98–558, § 605(a)(8), which directed amendment of subsec. (b) by adding pars. (14) to (17) at the end thereof, was executed by adding those pars. after par. (13) to reflect the probable intent of Congress.
Subsec. (c)(1). Pub. L. 98–558, § 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, § 605(b)(2), inserted “and each substantial revision thereof” and “or substantial revision” at the end.
Subsec. (d). Pub. L. 98–558, § 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, § 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, § 605(e), inserted “unless enacted in express limitation of this paragraph”.
Subsec. (h). Pub. L. 98–558, § 605(f), inserted “(but not less frequently than every three years)”.
Statutory Notes and Related Subsidiaries
Effective Date of 2014 Amendment
Amendment by Pub. L. 113–79 effective 30 days after and applicable with respect to certification periods that begin after that date, with State option to delay implementation for current recipients of standard utility allowance, see section 4006(c) of Pub. L. 113–79, set out as a note under section 2014 of Title 7, Agriculture.
Effective Date of 2008 Amendment
Amendment of this section and repeal of Pub. L. 110–234 by Pub. L. 110–246 effective , the date of enactment of Pub. L. 110–234, except as otherwise provided, see section 4 of Pub. L. 110–246, set out as an Effective Date note under section 8701 of Title 7, Agriculture.
Amendment by section 4002(b)(1)(B), (E), (2)(EE) of Pub. L. 110–246 effective , see section 4407 of Pub. L. 110–246, set out as a note under section 1161 of Title 2, The Congress.
Effective Date of 1996 Amendment
Amendment by Pub. L. 104–193 effective , with transition rules relating to State options to accelerate such date, rules relating to claims, actions, and proceedings commenced before such date, rules relating to closing out of accounts for terminated or substantially modified programs and continuance in office of Assistant Secretary for Family Support, and provisions relating to termination of entitlement under AFDC program, see section 116 of Pub. L. 104–193, as amended, set out as an Effective Date note under section 601 of this title.
Effective Date of 1994 Amendment
Amendment by Pub. L. 103–252 effective , 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 , 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 , and amendment by section 504(e) effective , 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 , 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, § 927, , 106 Stat. 3885, as amended by Pub. L. 103–185, § 1, , 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)).”
Credits
1981–2014 · 12 acts
- 1981Pub. L. 97–35, title XXVI, § 2605, , 95 Stat. 896
- 1984Pub. L. 98–558, title VI, § 605, , 98 Stat. 2891
- 1986Pub. L. 99–425, title V, § 504, , 100 Stat. 974
- 1990Pub. L. 101–501, title VII, §§ 704, 705, , 104 Stat. 1259
- 1991Pub. L. 102–83, § 5(c)(2), , 105 Stat. 406
- 1994Pub. L. 103–252, title III, §§ 305–309, 311(a)(1), (b), (c)(4), (5), , 108 Stat. 659–662
- 1995Pub. L. 104–66, title I, § 1072(c), , 109 Stat. 721
- 1996Pub. L. 104–193, title I, § 110(p), , 110 Stat. 2175
- 1998Pub. L. 105–285, title III, § 306, , 112 Stat. 2758
- 2008Pub. L. 110–234, title IV, § 4002(b)(1)(B), (E), (2)(EE), , 122 Stat. 1096, 1097
- 2008Pub. L. 110–246, § 4(a), title IV, § 4002(b)(1)(B), (E), (2)(EE), , 122 Stat. 1664, 1857, 1859
- 2014Pub. L. 113–79, title IV, § 4006(b), , 128 Stat. 787.
Show as published
(Pub. L. 97–35, title XXVI, § 2605, , 95 Stat. 896; Pub. L. 98–558, title VI, § 605, , 98 Stat. 2891; Pub. L. 99–425, title V, § 504, , 100 Stat. 974; Pub. L. 101–501, title VII, §§ 704, 705, , 104 Stat. 1259; Pub. L. 102–83, § 5(c)(2), , 105 Stat. 406; Pub. L. 103–252, title III, §§ 305–309, 311(a)(1), (b), (c)(4), (5), , 108 Stat. 659–662; Pub. L. 104–66, title I, § 1072(c), , 109 Stat. 721; Pub. L. 104–193, title I, § 110(p), , 110 Stat. 2175; Pub. L. 105–285, title III, § 306, , 112 Stat. 2758; Pub. L. 110–234, title IV, § 4002(b)(1)(B), (E), (2)(EE), , 122 Stat. 1096, 1097; Pub. L. 110–246, § 4(a), title IV, § 4002(b)(1)(B), (E), (2)(EE), , 122 Stat. 1664, 1857, 1859; Pub. L. 113–79, title IV, § 4006(b), , 128 Stat. 787.)