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Title 42 — The Public Health and Welfare

Chapter 94 — Low-Income Energy Assistance

§ 8626. Payments to States; fiscal year requirements respecting availability, etc.

Statutory text

(a)
(1)

From its allotment under section 8623 of this title, the Secretary shall make payments to each State in accordance with section 6503(a) of title 31, for use under this subchapter.

(2)

Each State shall notify the Secretary, not later than 2 months prior to the close of a fiscal year, of the amount (if any) of its allotment for such year that will not be obligated in such year, and, if such State elects to submit a request described in subsection (b)(2), such State shall submit such request at the same time. The Secretary shall make no payment under paragraph (1) to a State for a fiscal year unless the State has complied with this paragraph with respect to the prior fiscal year.

(b)
(1)

If—

(A)

the Secretary determines that, as of September 1 of any fiscal year, an amount allotted to a State under section 8623 of this title for any fiscal year will not be used by such State during such fiscal year;

(B)

the Secretary—

(i)

notifies the chief executive officer of such State; and

(ii)

publishes a timely notice in the Federal Register;

that, after the 30-day period beginning on the date of the notice to such chief executive officer, such amount may be reallotted; and

(C)

the State does not request, under paragraph (2), that such amount be held available for such State for the following fiscal year;

then such amount shall be treated by the Secretary for purposes of this subchapter as an amount appropriated for the following fiscal year to be allotted under section 8623 of this title for such following fiscal year.

(2)
(A)

Any State may request that an amount allotted to such State for a fiscal year be held available for such State for the following fiscal year. Such request shall include a statement of the reasons that the amount allotted to such State for a fiscal year will not be used by such State during such fiscal year and a description of the types of assistance to be provided with the amount held available for the following fiscal year. Any amount so held available for the following fiscal year shall not be taken into account in computing the allotment of or the amount payable to such State for such fiscal year under this subchapter.

(B)

No amount may be held available under this paragraph for a State from a prior fiscal year to the extent such amount exceeds 10 percent of the amount payable to such State for such prior fiscal year. For purposes of the preceding sentence, the amount payable to a State for a fiscal year shall be determined without regard to any amount held available under this paragraph for such State for such fiscal year from the prior fiscal year.

(C)

The Secretary shall reallot amounts made available under this paragraph for the fiscal year following the fiscal year of the original allotment in accordance with paragraph (1) of this subsection.

(3)

During the 30-day period described in paragraph (1)(B), comments may be submitted to the Secretary. After considering such comments, the Secretary shall notify the chief executive officer of the State of any decision to reallot funds, and shall publish such decision in the Federal Register.

Legislative history

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

  1. Pub. L. 97–35 title XXVI § 2607 · 95 Stat. 357

    Enacted · 42 U.S.C. § 8626

    Pub. L. 97–35, title XXVI, § 2607, Aug. 13, 1981, 95 Stat. 900

    Source evidence

    Code source credit
    Pub. L. 97–35, title XXVI, § 2607, Aug. 13, 1981, 95 Stat. 900

    Enacted provision · exact public law section
    Sec. 2607. payments to states (a) From its allotment under section 2604, the Secretary shall make payments to each State in accordance with section 203 of 42 USC 4213. the Intergovernmental Cooperation Act of 1968, for use under this title. (b) (1) If— (A) the Secretary determines that, as of September 1 of any fiscal year, an amount allotted to a State under section 2604 for any fiscal year will not be used by such State during such fiscal year; (B) the Secretary— (i) notifies the chief executive officer of such State; and (ii) publishes a timely notice in the Federal Register; that, after the 30-day period beginning on the date of the notice to such chief executive officer, such amount may be reallotted; and (C) the State does not request, under paragraph (2), that such amount be held available for such State for the following fiscal year; then such amount shall be treated by the Secretary for purposes of this title as an amount appropriated for the following fiscal year to be allotted under section 2604 for such following fiscal year. (2) (A) Any State may request that an amount allotted to such State for a fiscal year be held available for such State for the following fiscal year. Any amount so held available for the following fiscal year shall not be taken into account in computing the allotment of such State for such fiscal year under this title. (B) No amount may be held available under this paragraph for a State from a prior fiscal year to the extent such amount exceeds 25 percent of the amount allotted to such State for such prior fiscal year. For purposes of the preceding sentence, the amount allotted to a State for a fiscal year shall be determined without regard to any amount held available under this paragraph for such State for such fiscal year from the prior fiscal year. (3) During the 30-day period described in paragraph (1)(B), comments may be submitted to the Secretary. After considering such Publication in Federal Register. comments, the Secretary shall notify the chief executive officer of the State of any decision to reallot funds, and shall publish such decision in the Federal Register.

  2. Human Services Reauthorization Act

    Pub. L. 98–558 § 606(a) · 98 Stat. 2878

    Inserted · 42 U.S.C. § 8626(b)(2)(A)

    Pub. L. 98–558, § 606(a), inserted “Such request shall include a statement of the reasons that the amount allotted to such State for a fiscal year will not be used by such State during such fiscal year and a description of the types of assistance to be provided with the amount held available for the following fiscal year.” and “or the amount payable to” after “computing the allotment of”

    Source evidence

    Code amendment note
    Subsec. (b)(2)(A). Pub. L. 98–558, § 606(a), inserted “Such request shall include a statement of the reasons that the amount allotted to such State for a fiscal year will not be used by such State during such fiscal year and a description of the types of assistance to be provided with the amount held available for the following fiscal year.” and “or the amount payable to” after “computing the allotment of”.

    Enacted provision · exact public law section
    (a) (1) The second sentence of section 2607(b)(2)(A) of the 42 USC 8626. Act is amended by inserting “or the amount payable to” after “of”. (2) Section 2607(b)(2)(A) of the Act is amended by inserting after the first sentence thereof the following: “Such request shall include a statement of the reasons that the amount allotted to such State for a fiscal year will not be used by such State during such fiscal year and a description of the types of assistance to be provided with the amount held available for the following fiscal year.”.

  3. Human Services Reauthorization Act

    Pub. L. 98–558 § 606(b) · 98 Stat. 2878

    1. Substituted · 42 U.S.C. § 8626(b)(2)(B)

      Pub. L. 98–558, § 606(b), substituted “15 percent” for “25 percent” in second sentence

    2. Substituted · 42 U.S.C. § 8626(b)(2)(B)

      Pub. L. 98–558, § 606(b), substituted “payable to such State for such prior fiscal year and not transferred pursuant to section 8623(f) of this title” for “allotted to such State for such prior fiscal year” in second sentence

    3. Substituted · 42 U.S.C. § 8626(b)(2)(B)

      Pub. L. 98–558, § 606(b), substituted “payable to a State but not transferred by the State” for “allotted to a State” in second sentence

    Source evidence

    Code amendment note
    Subsec. (b)(2)(B). Pub. L. 98–558, § 606(b), substituted “15 percent” for “25 percent”, “payable to such State for such prior fiscal year and not transferred pursuant to section 8623(f) of this title” for “allotted to such State for such prior fiscal year”, and “payable to a State but not transferred by the State” for “allotted to a State” in second sentence.

    Enacted provision · exact public law section
    (b) (1) (A) The first sentence of section 2607(b)(2)(B) of the Act is 42 USC 8626. amended by striking out “25 percent” and inserting in lieu thereof “15 percent”. (B) The first sentence of section 2607(b)(2)(B) of the Act is further amended by striking out “allotted to such State for such prior fiscal year” and inserting in lieu thereof “payable to such State for such prior fiscal year and not transferred pursuant to section 2604(f)”. (2) The second sentence of section 2607(b)(2)(B) of the Act is amended by striking out “allotted to a State” and inserting in lieu thereof “payable to a State but not transferred by the State”.

  4. Human Services Reauthorization Act

    Pub. L. 98–558 § 606(c) · 98 Stat. 2878

    Added · 42 U.S.C. § 8626(b)(2)(C)

    Pub. L. 98–558, § 606(c), added subpar. (C)

    Source evidence

    Code amendment note
    Subsec. (b)(2)(C). Pub. L. 98–558, § 606(c), added subpar. (C).

    Enacted provision · exact public law section
    (c) Section 2607(b)(2) of the Act is amended by adding at the end thereof the following new subparagraph: “(C) The Secretary shall reallot amounts made available under this paragraph for the fiscal year following the fiscal year of the original allotment in accordance with paragraph (1) of this subsection.”.

  5. Augustus F. Hawkins Human Services Reauthorization Act of 1990

    Pub. L. 101–501 title VII § 706 · 104 Stat. 1222

    Substituted · 42 U.S.C. § 8626(b)(2)(B)

    Pub. L. 101–501 substituted “10 percent” for “15 percent”

    Source evidence

    Code amendment note
    Subsec. (b)(2)(B). Pub. L. 101–501 substituted “10 percent” for “15 percent”.

    Enacted provision · exact public law section
    SEC. 706. AUTHORITY TO CARRY FUNDS OVER. Section 2607(b)(2)(B) of the Low-Income Home Energy Assistance Act of 1981 (42 U.S.C. 8626(b)(2)(B)) is amended by striking “15 percent” and inserting “10 percent”.

  6. Human Services Amendments of 1994

    Pub. L. 103–252 title III § 310 · 108 Stat. 623

    1. Amended · 42 U.S.C. § 8626(a)

      Pub. L. 103–252 designated existing provisions as par. (1)

    2. Added · 42 U.S.C. § 8626(a)

      Pub. L. 103–252 added par. (2)

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 103–252 designated existing provisions as par. (1) and added par. (2).

    Enacted provision · exact public law section
    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.”.

    Effective date note
    Amendment by Pub. L. 103–252 effective Oct. 1, 1994, see section 314 of Pub. L. 103–252, set out as a note under section 8621 of this title.

  7. Low-Income Home Energy Assistance Amendments of 1998

    Pub. L. 105–285 title III § 307 · 112 Stat. 2702

    Struck · 42 U.S.C. § 8626(b)(2)(B)

    Pub. L. 105–285 struck out “and not transferred pursuant to section 8623(f) of this title” after “such prior fiscal year” in first sentence and “but not transferred by the State” after “the amount payable to a State” in second sentence

    Source evidence

    Code amendment note
    Subsec. (b)(2)(B). Pub. L. 105–285 struck out “and not transferred pursuant to section 8623(f) of this title” after “such prior fiscal year” in first sentence and “but not transferred by the State” after “the amount payable to a State” in second sentence.

    Enacted provision · exact public law section
    SEC. 307. PAYMENTS TO STATES. Section 2607(b)(2)(B) of the Low-Income Home Energy Assistance Act of 1981 (42 U.S.C. 8626(b)(2)(B)) is amended— (1) in the first sentence, by striking “and not transferred pursuant to section 2604(f)”; and (2) in the second sentence, by striking “but not transferred by the State”.

10 of 10 references resolved to an enrolled provision

Editorial Notes

Codification

In subsec. (a)(1), “section 6503(a) of title 31” substituted for “section 203 of the Intergovernmental Cooperation Act of 1968 [42 U.S.C. 4213]” on authority of Pub. L. 97–258, § 4(b), , 96 Stat. 1067, the first section of which enacted Title 31, Money and Finance.

Amendments1984–1998 · 4 rounds

1998

Subsec. (b)(2)(B). Pub. L. 105–285 struck out “and not transferred pursuant to section 8623(f) of this title” after “such prior fiscal year” in first sentence and “but not transferred by the State” after “the amount payable to a State” in second sentence.

1994

Subsec. (a). Pub. L. 103–252 designated existing provisions as par. (1) and added par. (2).

1990

Subsec. (b)(2)(B). Pub. L. 101–501 substituted “10 percent” for “15 percent”.

1984

Subsec. (b)(2)(A). Pub. L. 98–558, § 606(a), inserted “Such request shall include a statement of the reasons that the amount allotted to such State for a fiscal year will not be used by such State during such fiscal year and a description of the types of assistance to be provided with the amount held available for the following fiscal year.” and “or the amount payable to” after “computing the allotment of”.

Subsec. (b)(2)(B). Pub. L. 98–558, § 606(b), substituted “15 percent” for “25 percent”, “payable to such State for such prior fiscal year and not transferred pursuant to section 8623(f) of this title” for “allotted to such State for such prior fiscal year”, and “payable to a State but not transferred by the State” for “allotted to a State” in second sentence.

Subsec. (b)(2)(C). Pub. L. 98–558, § 606(c), added subpar. (C).

Statutory Notes and Related Subsidiaries

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 1984 Amendment

Amendment by Pub. L. 98–558 applicable to amounts held available for fiscal years beginning after , see section 609(c) of Pub. L. 98–558, set out as a note under section 8621 of this title.

Credits

1981–1998 · 5 acts
  1. 1981Pub. L. 97–35, title XXVI, § 2607, , 95 Stat. 900
  2. 1984Pub. L. 98–558, title VI, § 606, , 98 Stat. 2892
  3. 1990Pub. L. 101–501, title VII, § 706, , 104 Stat. 1260
  4. 1994Pub. L. 103–252, title III, § 310, , 108 Stat. 661
  5. 1998Pub. L. 105–285, title III, § 307, , 112 Stat. 2758.
Show as published

(Pub. L. 97–35, title XXVI, § 2607, , 95 Stat. 900; Pub. L. 98–558, title VI, § 606, , 98 Stat. 2892; Pub. L. 101–501, title VII, § 706, , 104 Stat. 1260; Pub. L. 103–252, title III, § 310, , 108 Stat. 661; Pub. L. 105–285, title III, § 307, , 112 Stat. 2758.)

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