LIHEAP Statute
LIHEAP Statute, as Amended Through August 1, 1999
Sec. 2601. SHORT TITLE | Sec. 2602. HOME ENERGY GRANTS AUTHORIZED
Sec. 2603. DEFINITIONS | Sec. 2604. STATE ALLOTMENTS
Sec. 2605. APPLICATIONS AND REQUIREMENTS | Sec. 2606. NONDISCRIMINATION PROVISIONS
Sec. 2607. PAYMENTS TO STATES | Sec. 2607A. LEVERAGING INCENTIVE PROGRAM
Sec. 2607B. R.E.A.CH | Sec. 2608. WITHHOLDING Sec. 2609. CONSTRUCTION LIMITATION | Sec. 2609A. TECHNICAL ASSISTANCE AND TRAINING
Sec. 2610. STUDIES | Sec. 2611. REPEALER
OTHER RELEVANT STATUTORY PROVISIONS
COMPILATION OF THE
LOW-INCOME HOME ENERGY ASSISTANCE ACT OF 1981
As Amended Through August 1, 1999
Prepared by the Division of Energy Assistance
Office of Community Services/ACF/HHS
LOW-INCOME HOME ENERGY ASSISTANCE ACT OF 1981 (Title XXVI of the Omnibus Budget Reconciliation Act of 1981, Public Law 97-35, as amended)
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SHORT TITLE | Top of Page
Section 2601.
This title may be cited as the "Low-Income Home Energy Assistance Act of 1981".
HOME ENERGY GRANTS AUTHORIZED | Top of Page
Section 2602.
(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.
(b) There are authorized to be appropriated to carry out the
provisions of this title (other than section 2607A), $2,000,000,000 for each
of fiscal years 1995 through 1999, such sums as may be necessary for each of
fiscal years 2000 and 2001, and $2,000,000,000 for each of fiscal years 2002
through 2004. The authorizations of appropriations contained in this
subsection are subject to the program year provisions of subsection (c).
(c) Amounts appropriated under this section for any fiscal year for
programs and activities under this title shall be made available for
obligation in the succeeding fiscal year.
(d)(1) There is authorized to be appropriated to carry out section
2607A, $30,000,000 for each of fiscal years 1999 through 2004, except as
provided in paragraph (2).
(2) For any of fiscal years 1999 through 2004 for which the amount
appropriated under subsection (b) is not less than $1,400,000,000, there is
authorized to be appropriated $50,000,000 to carry out section 2607A.
(e) There is 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 (e) of such section), $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.
(42 U.S.C. 8621)
Section 2603.
As used in this title:
(1) The term "emergency" means--
(A) a natural disaster;
(B) a significant home energy supply shortage or disruption;
(C) a significant increase in the cost of home energy, as determined
by the Secretary;
(D) a significant increase in home energy disconnections reported by
a utility, a State regulatory agency, or another agency with necessary data;
(E) a significant increase in participation in a public benefit
program such as the food stamp program carried out under the Food Stamp Act
of 1977 (7 U.S.C. 2011 et seq.), the national program to provide
supplemental security income carried out under title XVI of the Social
Security Act (42 U.S.C. 1381 et seq.) or the State temporary assistance for
needy families program carried out under part A of title IV of the Social
Security Act (42 U.S.C. 601 et seq.), as determined by the head of the
appropriate Federal agency;
(F) a significant increase in unemployment, layoffs, or the number
of households with an individual applying for unemployment benefits, as
determined by the Secretary of Labor; or
(G) an event meeting such criteria as the Secretary, in the
discretion of the Secretary, may determine to be appropriate.
(2) The term "energy burden" means the expenditures of the household
for home energy divided by the income of the household.
(3) The term "energy crisis" means weather-related and supply shortage
emergencies and other household energy-related emergencies.
(4) 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.
(5) The term "household" means any individual or group of individuals
who are living together as one economic unit for whom residential energy is
customarily purchased in common or who make undesignated payments for energy
in the form of rent;.
(6) The term "home energy" means a source of heating or cooling in
residential dwellings.
(7) The term "natural disaster" means a weather event (relating to
cold or hot weather), flood, earthquake, tornado, hurricane, or ice storm,
or an event meeting such other criteria as the Secretary, in the discretion
of the Secretary, may determine to be appropriate.
(8) The term "poverty level" means, with respect to a household in any
State, the income poverty line as prescribed and revised at least annually
pursuant to section 673(2) of the Community Services Block Grant Act, as
applicable to such State.
(9) The term "Secretary" means the Secretary of Health and Human
Services.
(10) The term "State" means each of the several States and the
District of Columbia.
(11) The term "State median income" means the State median income
promulgated by the Secretary in accordance with procedures established under
section 2002(a)(6) of the Social Security Act (as such procedures were in
effect on the day before the date of the enactment of this Act) and
adjusted, in accordance with regulations prescribed by the Secretary, to
take into account the number of individuals in the household.
(42 U.S.C. 8622)
Section 2604.
(a)(1)(A) Except as provided in subparagraph (B), the Secretary shall,
from that percentage of the amount appropriated under section 2602(b)
for each fiscal year which is remaining after reserving any amount
permitted to be reserved under section 2609A and after the amount of
allotments for such fiscal year under subsection (b)(1) is determined
by the Secretary, allot to each State an amount equal to such
remaining percentage multiplied by the State's allotment percentage.
(B) From the sums appropriated therefor after reserving any
amount permitted to be reserved under section 2609A, if for any period
a State has a plan which is described in section 2605(c)(1), the
Secretary shall pay to such State an amount equal to 100 percent of
the expenditures of such State made during such period in carrying out
such plan, including administrative costs (subject to the provisions
of section 2605(b)(9)(B)), with respect to households described in
section 2605(b)(2).
(2) For purposes of paragraph (1), for fiscal year 1985 and
thereafter, a State's allotment percentage is the percentage which
expenditures for home energy by low-income households in that State bears to
such expenditures in all States, except that States which thereby receive
the greatest proportional increase in allotments by reason of the
application of this paragraph from the amount they received pursuant to
Public Law 98-139 shall have their allotments reduced to the extent
necessary to ensure that--
(A)(i) no State for fiscal year 1985 shall receive less than the
amount of funds the State received in fiscal year 1984; and
(ii) no State for fiscal year 1986 and thereafter shall
receive less than the amount of funds the State would have
received in fiscal year 1984 if the appropriations for this title
for fiscal year 1984 had been $1,975,000,000, and
(B) any State whose allotment percentage out of funds available
to States from a total appropriation of $2,250,000,000 would be less
than 1 percent, shall not, in any year when total appropriations equal
or exceed $2,250,000,000, have its allotment percentage reduced from
the percentage it would receive from a total appropriation of
$2,140,000,000.
(3) If the sums appropriated for any fiscal year for making grants
under this title are not sufficient to pay in full the total amount
allocated to a State under paragraph (1) for such fiscal year, the amount
which all States will receive under this title for such fiscal year shall be
ratably reduced.
(4) For the purpose of this section, the Secretary shall determine
the expenditure for home energy by low-income households on the basis of the
most recent satisfactory data available to the Secretary.
(b)(1) The Secretary shall apportion not less than one-tenth of 1
percent, and not more than one-half of 1 percent, of the amounts
appropriated for each fiscal year to carry out this title on the basis of
need among the Commonwealth of Puerto Rico, Guam, American Samoa, the Virgin
Islands of the United States, and the Commonwealth of the Northern Mariana
Islands. The Secretary shall determine the total amount to be apportioned
under this paragraph for any fiscal year (which shall not exceed one-half of
1 percent) after evaluating the extent to which each jurisdiction specified
in the preceding sentence requires assistance under this paragraph for the
fiscal year involved.
(2) Each jurisdiction to which paragraph (1) applies may receive
grants under this title upon an application submitted to the Secretary
containing provisions which describe the programs for which assistance is
sought under this title, and which are consistent with the requirements of
section 2605.
(c) Of the funds available to each State under subsection (a), a
reasonable amount based on data from prior years shall be reserved until
March 15 of each program year by each State for energy crisis intervention.
The program for which funds are reserved by this subsection shall be
administered by public or nonprofit entities which have experience in
administering energy crisis programs under the Low-Income Energy Assistance
Act of 1980 or under this Act, experience in assisting low-income
individuals in the area to be served, the capacity to undertake a timely and
effective energy crisis intervention program, and the ability to carry out
the program in local communities. The program for which funds are reserved
under this subsection shall--
(1) not later than 48 hours after a household applies for energy
crisis benefits, provide some form of assistance that will resolve the
energy crisis if such household is eligible to receive such benefits;
(2) not later than 18 hours after a household applies for crisis
benefits, provide some form of assistance that will resolve the energy
crisis if such household is eligible to receive such benefits and is in a
life-threatening situation; and
(3) require each entity that administers such program--
(A) to accept applications for energy crisis benefits at sites
that are geographically accessible to all households in the area to be
served by such entity; and
(B) to provide to low-income individuals who are physically
infirm the means--
(i) to submit applications for energy crisis benefits
without leaving their residences; or
(ii) to travel to the sites at which such applications are
accepted by such entity.
The preceding sentence shall not apply to a program in a geographical area
affected by a natural disaster in the United States designated by the
Secretary, or by a major disaster or emergency designated by the President
under the Disaster Relief Act of 1974, for so long as such designation
remains in effect, if the Secretary determines that such disaster or such
emergency makes compliance with such sentence impracticable.
(d)(1) If, with respect to any State, the Secretary--
(A) receives a request from the governing organization of an
Indian tribe within the State that assistance under this title be made
directly to such organization; and
(B) determines that the members of such tribe would be better
served by means of grants made directly to provide benefits under this
title;
the Secretary shall reserve from amounts which would otherwise be payable to
such State from amounts allotted to it under this title for the fiscal year
involved the amount determined under paragraph (2).
(2) The amount determined under this paragraph for a fiscal year is
the amount which bears the same ratio to the amount which would (but for
this subsection) be allotted to such State under this title for such fiscal
year (other than by reason of section 2607(b)(2)) as the number of Indian
households described in subparagraphs (A) and (B) of section 2605(b)(2) and
residing within the State on the reservation of the tribes or on trust lands
adjacent to such reservation bears to the number of all households described
in subparagraphs (A) and (B) of section 2605(b)(2) in such State, or such
greater amount as the Indian tribe and the State may agree upon. In cases
where a tribe has no reservation, the Secretary, in consultation with the tribe
and the State, shall define the number of Indian households for the determination
under this paragraph.
(3) The sums reserved by the Secretary on the basis of a
determination under this subsection shall be granted to--
(A) the tribal organization serving the individuals for whom
such a determination has been made; or
(B) in any case where there is no tribal organization serving an
individual for whom such a determination has been made, such other
entity as the Secretary determines has the capacity to provide
assistance pursuant to this title.
(4) In order for a tribal organization or other entity to be
eligible for an amount under this subsection for a fiscal year, it shall
submit to the Secretary a plan (in lieu of being under the State's plan) for
such fiscal year which meet[s] such criteria as the Secretary may by
regulations prescribe.
(e) Notwithstanding subsections (a) through (d), the Secretary may
allot amounts appropriated pursuant to section 2602(e) to one or more than
one State. In determining whether to make such an allotment to a State, the
Secretary shall take into account the extent to which the State was affected
by the natural disaster or other emergency involved, the availability to the
State of other resources under the program carried out under this title or
any other program, and such other factors as the Secretary may find to be
relevant. Not later than 30 days after making the determination, but prior
to releasing an allotted amount to a State, the Secretary shall notify
Congress of the allotments made pursuant to this subsection.
(42 U.S.C. 8623)
APPLICATIONS AND REQUIREMENTS | Top of Page
Section 2605.
(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 conduct[s] 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 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;
(2) make payments under this title only with respect to--
(A) households in which 1 or more individuals are receiving--
(i) assistance under the State program funded under part A
of title IV of the Social Security Act;
(ii) supplemental security income payments under title XVI
of the Social Security Act;
(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
(B) households with incomes which do not exceed the greater of--
(i) an amount equal to 150 percent of the poverty level for
such State; or
(ii) an amount equal to 60 percent of the State median
income;
except that a State may not exclude a household from eligibility in a
fiscal year solely on the basis of household income if such income is
less than 110 percent of the poverty level for such State, but the
State may give priority to those households with the highest home
energy costs or needs in relation to household income;
(3) conduct outreach activities designed to assure that eligible
households, especially households with elderly individuals or disabled
individuals, or both, and households with high home energy burdens, are made
aware of the assistance available under this title, and any similar
energy-related assistance available under subtitle B of title VI (relating
to 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 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 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 law which carries out
programs which were administered under the Economic Opportunity Act of 1964
before the date of the enactment of this Act;
(5) provide, in a timely manner, that the highest level of
assistance will be furnished to those households which have the lowest
incomes and the highest energy costs or needs in relation to income, taking
into account family size, except that the State may not differentiate in
implementing this section between the households described in clauses (2)(A) and (2)(B) of this subsection;
(6) to the extent it is necessary to designate local administrative
agencies in order to carry out the purposes of this title, to 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 adversely
because of such assistance under applicable provisions of State law or
public regulatory requirements; and
(D) ensure that the provision of vendored payments remains at
the option of the State in consultation with local grantees and may be
contingent on unregulated vendors taking appropriate measures to
alleviate the energy burdens of eligible households, including
providing for agreements between suppliers and individuals eligible
for benefits under this 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;
(8) provide assurances that
(A) the State will not exclude households described in clause
(2)(B) of this subsection from receiving home energy assistance
benefits under clause (2), and
(B) the State will treat owners and renters equitably under the
program assisted under this title;
(9) provide that--
(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
(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 cost (except
for the costs of the activities described in paragraph (16));
(10) provide that such fiscal control and fund accounting
procedures will be established as may be necessary to assure the proper
disbursal of and accounting for Federal funds paid to the State under this
title, including procedures for monitoring the assistance provided under
this title, 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");
(11) permit and cooperate with Federal investigations undertaken in
accordance with section 2608;
(12) provide for timely and meaningful public participation in the
development of the plan described in subsection (c);
(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;
(14) cooperate with the Secretary with respect to data collecting
and reporting under section 2610;
(15) beginning in fiscal year 1992, provide, in addition to such
services as may be offered by State Departments of Public Welfare at the
local level, outreach and intake functions for crisis situations and heating
and cooling assistance that is administered by additional State and local
governmental entities or community-based organizations (such as community
action agencies, area agencies on aging, and not-for-profit
neighborhood-based organizations), and in States where such organizations do
not administer intake functions as of September 30, 1991, preference in
awarding grants or contracts for intake services shall be provided to those
agencies that administer the low-income weatherization or energy crisis
intervention programs; and
(16) use up to 5 percent of such funds, at its option, to provide
services that encourage and enable households to reduce their home energy
needs and thereby the need for energy assistance, including needs assessments,
counseling, and assistance with energy vendors, and report to the Secretary
concerning the impact of such activities on the number of households served,
the level of direct benefits provided to those households, and the number of
households that remain unserved.
The Secretary may not prescribe the manner in which the States will comply
with the provisions of this subsection.
The Secretary shall issue
regulations to prevent waste, fraud, and abuse in the programs assisted by
this title.
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)(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 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 State for
each type of assistance including assistance to be provided for
emergency crisis intervention and for weatherization and other
energy-related home repair;
(C) contains estimates of the amount of funds the State will use
for each of the programs under such plan and describes the alternative
use of funds reserved under section 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), 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;
(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 households with high home
energy burdens;
(F) describes how the State will carry out assurances in clauses
(3), (4), (5), (6), (7), (8), (10), (12), (13), and (15) of subsection
(b);
(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 had attained 60 years of age;
(ii) one or more members who were disabled; and
(iii) one or more young children; and
(H) contains any other information determined by the Secretary
to be appropriate for purposes of this title.
The chief executive officer may revise any plan prepared under this
paragraph and shall furnish the revised plan to the Secretary.
(2) Each plan prepared under paragraph (1) and each substantial
revision thereof shall be made available for public inspection within the
State involved in such a manner as will facilitate timely and meaningful
review of, and comment upon, such plan or substantial revision.
(3) Not later than April 1 of each fiscal year the Secretary shall
make available to the States a model State plan format that may be used, at
the option of each State, to prepare the plan required under paragraph (1)
for the next fiscal year.
(d) The State shall expend funds in accordance with the State plan
under this title or in accordance with revisions applicable to such plan.
(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 in accordance with chapter
75 of title 31, United States Code.
(f)(1) Notwithstanding any other provision of law unless enacted in
express limitation of this paragraph, the amount of any home energy
assistance payments or allowances provided directly to, or indirectly for
the benefit of, an eligible house-hold 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.
(2) For purposes of paragraph (1) of this subsection and for
purposes of determining any excess shelter expense deduction under section
5(e) of the Food Stamp Act of 1977 (7 U.S.C. 2014(e))--
(A) the full amount of such payments or allowances shall be
deemed to be expended by such household for heating or cooling
expenses, without regard to whether such payments or allowances are
provided directly to, or indirectly for the benefit of, such
household; and
(B) no distinction may be made among households on the basis of
whether such payments or allowances are provided directly to, or
indirectly for the benefit of, any of such households.
(g) The State shall repay to the United States amounts found not to
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 to
time (but not less frequently than every three years), 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 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
(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 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 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 date of the enactment of this
Act, or under other income assistance or service programs (as determined by
the State).
(k)(1) Except as provided in paragraph (2), not more than 15 percent
of the greater of--
(A) the funds allotted to a State under this title for any
fiscal year; or
(B) 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, particularly those
low-income households with the lowest incomes that pay a high proportion of
household income for home energy.
(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, particularly those low-income households with
the lowest incomes that pay a high proportion of household income for
home energy.
(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).
(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.
(42 U.S.C. 8624)
NONDISCRIMINATION PROVISIONS | Top of Page
Section 2606.
(a) No person shall on the ground of race, color, national origin, or
sex be excluded from participation in, be denied the benefits of, or be
subjected to discrimination under, any program or activity funded in whole
or in part with funds made available under this title. Any prohibition
against discrimination on the basis of age under the Age Discrimination Act
of 1975 or with respect to an otherwise qualified handicapped individual as
provided in section 504 of the Rehabilitation Act of 1973 also shall apply
to any such program or activity.
(b) Whenever the Secretary determines that a State that has received a
payment under this title has failed to comply with subsection (a) or an
applicable regulation, he shall notify the chief executive officer of the
State and shall request him to secure compliance. If within a reasonable
period of time, not to exceed 60 days, the chief executive officer fails or
refuses to secure compliance, the Secretary is authorized to (1) refer the
matter to the Attorney General with a recommendation that an appropriate
civil action be instituted; (2) exercise the powers and functions provided
by title VI of the Civil Rights Act of 1964, the Age Discrimination Act of
1975, or section 504 of the Rehabilitation Act of 1973, as may be
applicable; or (3) take such other action as may be provided by law.
(c) When a matter is referred to the Attorney General pursuant to
subsection (b), or whenever he has reason to believe that the State is
engaged in a pattern or practice in violation of the provisions of this
section, the Attorney General may bring a civil action in any appropriate
United States district court for such relief as may be appropriate,
including injunctive relief.
(42 U.S.C. 8625)
Section 2607.
(a)(1) From its allotment under section 2604, the Secretary shall make
payments to each State in accordance with section 203 of the
Intergovernmental Cooperation Act of 1968, for use under this title.
(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 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. 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 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 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.
(42 U.S.C. 8626)
INCENTIVE PROGRAM FOR LEVERAGING NON-FEDERAL RESOURCES | Top of Page
Section 2607A.
(a) Beginning in fiscal year 1992, the Secretary may allocate amounts
appropriated under section 2602(d) to provide supplementary funds to States
that have acquired non-Federal leveraged resources for the program
established under this title.
(b) For purposes of this section, the term "leveraged resources" means
the benefits made available to the low-income home energy assistance program
of the State, or to federally qualified low-income households, that--
(1) represent a net addition to the total energy resources
available to State and federally qualified households in excess of the
amount of such resources that could be acquired by such households through
the purchase of energy at commonly available household rates; and
(2)(A) result from the acquisition or development by the State
program of quantifiable benefits that are obtained from energy vendors
through negotiation, regulation or competitive bid; or
(B) are appropriated or mandated by the State for distribution--
(i) through the State program; or
(ii) under the plan referred to in section 2605(c)(1)(A) to
federally qualified low-income households and such benefits are
determined by the Secretary to be integrated with the State
program.
(c)(1) Distribution of amounts made available under this section shall
be based on a formula developed by the Secretary that is designed to take
into account the success in leveraging existing appropriations in the
preceding fiscal year as measured under subsection (d). Such formula shall
take into account the size of the allocation of the State under this title
and the ratio of leveraged resources to such allocation.
(2) A State may expend funds allocated under this title as are
necessary, not to exceed 0.08 percent of such allocation or $35,000 each
fiscal year, whichever is greater, to identify, develop, and demonstrate
leveraging programs. Funds allocated under this section shall only be used
for increasing or maintaining benefits to households.
(d) Each State shall quantify the dollar value of leveraged resources
received or acquired by such State under this section by using the best
available data to calculate such leveraged resources less the sum of any
costs incurred by the State to leverage such resources and any cost imposed
on the federally eligible low-income households in such State.
(e) Not later than 2 months after the close of the fiscal year during
which the State provided leveraged resources to eligible households, as
described in subsection (b), each State shall prepare and submit, to the
Secretary, a report that quantifies the leveraged resources of such State in
order to qualify for assistance under this section for the following fiscal
year.
(f) The Secretary shall determine the share of each State of the
amounts made available under this section based on the formula described in
subsection (c) and the State reports. The Secretary shall promulgate
regulations for the calculation of the leveraged resources of the State and
for the submission of supporting documentation. The Secretary may request
any documentation that the Secretary determines necessary for the
verification of the application of the State for assistance under this
section.
(42 U.S.C. 8626a)
RESIDENTIAL ENERGY ASSISTANCE CHALLENGE OPTION (R.E.A.CH.) | Top of Page
Section. 2607B.
(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 fiscal year, 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 Production Act
(42 U.S.C. 6863 et seq.); except that a State may not require any
such entity to operate a R.E.A.Ch. program;
(C) an assurance that, subject to subparagraph (D), each entity
that receives a grant or enters into a contract under subparagraph
(A)(i) will provide a variety of services and benefits, including--
(i) payments to, or on behalf of, individuals eligible for
residential energy assistance services and benefits under section
2605(b) for home energy costs;
(ii) energy efficiency education;
(iii) residential energy demand management services,
including any other energy related residential repair and energy
efficiency improvements in coordination with, or delivered by,
Department of Energy weatherization assistance programs at the
discretion of the State;
(iv) family services, such as counseling and needs
assessment, related to energy budget management, payment plans,
and related services; and
(v) negotiation with home energy suppliers on behalf of
households eligible for R.E.A.Ch. services and benefits;
(D) a description of the methodology the State and local
agencies will use to determine--
(i) which households will receive one or more forms of
benefits under the State R.E.A.Ch. initiative;
(ii) the cases in which nonmonetary benefits are likely to
provide more cost-effective long-term outcomes than payment benefits
alone; and
(iii) the amount of such benefit[s] required to meet the
goals of the program;
(E) a method for targeting nonmonetary benefits;
(F) a description of the crisis and emergency assistance
activities the State will undertake that are designed to--
(i) discourage family energy crises;
(ii) encourage responsible vendor and consumer behavior;
and
(iii) provide only financial incentives that encourage
household payment;
(G) 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;
(H) 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;
(I) a description of performance goals for the State R.E.A.Ch.
initiative including--
(i) a reduction in the energy costs of participating
households over one or more fiscal years;
(ii) an increase in the regularity of home energy bill
payments by eligible households; and
(iii) an increase in energy vendor contributions towards
reducing energy burdens of eligible households;
(J) a description of the indicators that will be used by the
State to measure whether the performance goals have been achieved;
(K) 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;
(L) 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
(M) 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.
(f) 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.
(42 U.S.C. 8626b)
Section 2608.
(a)(1) The Secretary shall, after adequate notice and an opportunity
for a hearing conducted within the affected State, withhold funds from any
State which does not utilize its allotment substantially in accordance with
the provisions of this title and the assurances such State provided under
section 2605.
(2) The Secretary shall respond in writing in no more than 60 days
to matters raised in complaints of a substantial or serious nature that a
State has failed to use funds in accordance with the provisions of this
title or the assurances provided by the State under section 2605. For
purposes of this paragraph, a violation of any one of the assurances
contained in section 2605(b) that constitutes a disregard of such assurance
shall be considered a serious complaint.
(b)(1) The Secretary shall conduct in several States in each fiscal
year investigations of the use of funds received by the States under this
title in order to evaluate compliance with the provisions of this title.
(2) Whenever the Secretary determines that there is a pattern of
complaints from any State in any fiscal year, the Secretary shall conduct an
investigation of the use of funds received under this title by such State in
order to ensure compliance with the provisions of this title.
(3) The Comptroller General of the United States may conduct an
investigation of the use of funds received under this title by a State in
order to ensure compliance with the provisions of this title.
(c) Pursuant to an investigation conducted under subsection (b), a
State shall make appropriate books, documents, papers, and records available
to the Secretary or the Comptroller General of the United States, or any of
their duly authorized representatives, for examination, copying, or
mechanical reproduction on or off the premises of the appropriate entity
upon a reasonable request therefor.
(d) In conducting any investigation under subsection (b), the
Secretary may not request any information not readily available to such
State or require that any information be compiled, collected, or transmitted
in any new form not already available.
(42 U.S.C. 8627)
LIMITATION ON USE OF GRANTS FOR CONSTRUCTION | Top of Page
Section 2609.
Grants made under this title may not be used by the State, or by any other
person with which the State makes arrangements to carry out the purposes of
this title, for the purchase or improvement of land, or the purchase,
construction, or permanent improvement (other than low-cost residential
weatherization or other energy-related home repairs) of any building or
other facility.
(42 U.S.C. 8628)
TECHNICAL ASSISTANCE AND TRAINING | Top of Page
Section 2609A.
(a) Of the amounts appropriated under section 2602(b) for any fiscal
year, not more than $300,000 of such amounts may be reserved by the
Secretary-
(1) to-
(A) make grants to State and public agencies and private
nonprofit organizations; or
(B) enter into contracts or jointly financed cooperative
arrangements or interagency agreements with States and public agencies
(including Federal agencies) and private nonprofit organizations;
to provide for training and technical assistance related to the purposes of
this subtitle, including collection and dissemination of information about
programs and projects assisted under this subtitle, and ongoing matters of
regional or national significance that the Secretary finds would assist in
the more effective provision of services under this title; or
(2) to conduct onsite compliance reviews of programs supported
under this title.
(b) No provision of this section shall be construed to prevent the
Secretary from making a grant pursuant to subsection (a) to one or more
private nonprofit organizations that apply jointly with a business concern
to receive such grant.
(42 U.S.C. 8628a)
Section 2610.
(a) The Secretary, after consultation with the Secretary of Energy,
shall provide for the collection of data, including--
(1) information concerning home energy consumption;
(2) the amount, cost and type of fuels used for households eligible
for assistance under this title;
(3) the type of fuel used by various income groups;
(4) the number and income levels of households assisted by this
title;
(5) the number of households which received such assistance and
include one or more individuals who are 60 years or older or disabled
or include young children; and
(6) any other information which the Secretary determines to be
reasonably necessary to carry out the provisions of this title.
Nothing in this subsection may be construed to require the Secretary to
collect data which has been collected and made available to the Secretary by
any other agency of the Federal Government.
(b) The Secretary shall, no later than June 30 of each fiscal year,
submit a report to the Congress containing a detailed compilation of the
data under subsection (a) with respect to the prior fiscal year, and a
report that describes for the prior fiscal year--
(1) the manner in which States carry out the requirements of
clauses (2), (5), (8), and (15) of section 2605(b); and
(2) the impact of each State's program on recipient and eligible
households.
(42 U.S.C. 8629)
Section 2611.
Effective October 1, 1981, the Home Energy Assistance Act of 1980 is
repealed.
(42 U.S.C. 8601 note)
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
Section 927 of the Housing and Community Development Act of 1992 (Public Law
102-550), as amended by Public Law 103-185 on December 14, 1993, applies to
treatment under the Low-Income Home Energy Assistance Program of certain
households that receive utility allowances under programs administered by
the U.S. Department of Housing and Urban Development.
Section 927. CLARIFICATION ON UTILITY ALLOWANCES
(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, the National Housing Act, section 101 of the
Housing and Urban Development Act of 1965, section 202 of the Housing Act of
1959, and title V of the Housing Act of 1949.
(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
(43 U.S.C. 8624(b)(5)).
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
In addition to changes to the LIHEAP statute, Title III of Public Law 105-285,
the Low-Income Home Energy Assistance Amendments of 1998, contains
the following relevant provision at section 308.
Section 308. RESIDENTIAL ENERGY ASSISTANCE CHALLENGE OPTION | Top of Page
(a) EVALUATION.--The Comptroller General of the United States shall
conduct an evaluation of the Residential Energy Assistance Challenge program
described in section 2607B of the Low-Income Home Energy Assistance Act of
1981 (42 U.S.C. 8626b).
(b) REPORT.--Not later than 2 years after the date of enactment of
this Act, the Comptroller General of the United States shall prepare and
submit to Congress a report containing--
(1) the findings resulting from the evaluation described in
subsection (a); and
(2) the State evaluations described in paragraphs (1) and (2) of
subsection (b) of such section 2607B.
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
LIHEAP and the Energy Policy Act of 2005 (Public Law 109-58) | Top of Page
Below are the LIHEAP-related provisions of the law, signed by the President
on 8/8/05.
Section Title I. Subtitle B
Sec. 121(a) - Increases the authorization of the LIHEAP program to "$5.1
billion for each of fiscal years 2005 through 2007."
Sec. 121(b) - Adds a new Section 2612 to the LIHEAP statute to authorize
participants to purchase renewable fuels with LIHEAP benefits.
Sec 121(c) - Requires the Secretary to report to Congress on the use of
renewable fuels in providing assistance under the Low-Income Home Energy
Assistance Act of 1981.
Title III, Subtitle E -- Production Incentives
Sec. 342(j)(1) - Establishes a provision where the Secretary of Interior may
distribute oil and gas royalties to subsidize Federal and State low-income
energy assistance programs.
Title XVIII - Studies
Sec 1804 - Requires the Secretary of HHS to submit a report on how LIHEAP
could be used more effectively to prevent loss of life from extreme
temperatures and that HHS should consult with all states on this
issue in the preparation of the Report.