
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 42USC8622]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
                CHAPTER 94--LOW-INCOME ENERGY ASSISTANCE
 
            SUBCHAPTER II--LOW-INCOME HOME ENERGY ASSISTANCE
 
Sec. 8622. Definitions

    As used in this subchapter:
        (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 9902(2) of this title, 
    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 1397a(a)(6) of this title (as such 
    procedures were in effect on August 12, 1981) and adjusted, in 
    accordance with regulations prescribed by the Secretary, to take 
    into account the number of individuals in the household.

(Pub. L. 97-35, title XXVI, Sec. 2603, Aug. 13, 1981, 95 Stat. 894; Pub. 
L. 97-115, Sec. 16, Dec. 29, 1981, 95 Stat. 1609; Pub. L. 98-558, title 
VI, Sec. 602, Oct. 30, 1984, 98 Stat. 2890; Pub. L. 103-252, title III, 
Secs. 304(b), 311(c)(2), May 18, 1994, 108 Stat. 658, 662; Pub. L. 105-
285, title III, Secs. 303, 304(a), Oct. 27, 1998, 112 Stat. 2756.)

                       References in Text

    The Food Stamp Act of 1977, referred to in par. (1)(E), is Pub. L. 
88-525, Aug. 31, 1964, 78 Stat. 703, as amended, which is classified 
generally to chapter 51 (Sec. 2011 et seq.) of Title 7, Agriculture. For 
complete classification of this Act to the Code, see Short Title note 
set out under section 2011 of Title 7 and Tables.
    The Social Security Act, referred to in par. (1)(E), is act Aug. 14, 
1935, ch. 531, 49 Stat. 620, as amended. Part A of title IV of the Act 
is classified generally to part A (Sec. 601 et seq.) of subchapter IV of 
chapter 7 of this title. Title XVI of the Act is classified generally to 
subchapter XVI (Sec. 1381 et seq.) of chapter 7 of this title. For 
complete classification of this Act to the Code, see section 1305 of 
this title and Tables.

                          Codification

    In par. (11), ``August 12, 1981'' substituted for ``the day before 
the date of the enactment of this Act'', which date of enactment is Aug. 
13, 1981.


                               Amendments

    1998--Pars. (1) to (3). Pub. L. 105-285, Sec. 304(a)(3), (4), added 
par. (1) and redesignated former pars. (1) and (2) as (2) and (3), 
respectively. Former par. (3) redesignated (4).
    Par. (4). Pub. L. 105-285, Sec. 304(a)(3), redesignated par. (3) as 
(4). Former par. (4) redesignated (5).
    Pub. L. 105-285, Sec. 303, substituted ``The term'' for ``the term'' 
and a period for the semicolon at end.
    Pars. (5), (6). Pub. L. 105-285, Sec. 304(a)(3), redesignated pars. 
(4) and (5) as (5) and (6), respectively. Former par. (6) redesignated 
(8).
    Pars. (7) to (11). Pub. L. 105-285, Sec. 304(a)(1), (2), added par. 
(7) and redesignated formers pars. (6) to (9) as (8) to (11), 
respectively.
    1994--Par. (1). Pub. L. 103-252, Sec. 304(b)(1), (2), added par. 
(1). Former par. (1) redesignated (2).
    Par. (2). Pub. L. 103-252, Sec. 311(c)(2), which directed the 
substitution of ``The'' for ``the'' and a period for the semicolon at 
end, could not be executed because the word ``the'' and a semicolon did 
not appear in par. (2) after the redesignations by Pub. L. 103-252, 
Sec. 304(b)(1). See below.
    Pub. L. 103-252, Sec. 304(b)(1), redesignated par. (1) as (2). 
Former par. (2) redesignated (4).
    Par. (3). Pub. L. 103-252, Sec. 304(b)(3), added par. (3). Former 
par. (3) redesignated (5).
    Par. (4). Pub. L. 103-252, Sec. 304(b)(1), redesignated par. (2) as 
(4). Former par. (4) redesignated (6).
    Pars. (5) to (9). Pub. L. 103-252, Sec. 304(b)(1), redesignated 
pars. (3) to (7) as (5) to (9), respectively.
    1984--Par. (1). Pub. L. 98-558, Sec. 602(a), struck out 
``intervention'' after ``energy crisis'' and inserted ``and other 
household energy-related emergencies'' at the end.
    Par. (4). Pub. L. 98-558, Sec. 602(b), substituted ``the income 
poverty line as prescribed and revised at least annually pursuant to 
section 9902(2) of this title,'' for ``the income poverty guidelines for 
the nonfarm population of the United States as prescribed by the Office 
of Management and Budget (and as adjusted annually pursuant to section 
9902(2) of this title)''.
    1981--Pub. L. 97-115 designated par. (2)(A) as par. (2), substituted 
provisions including individuals and groups of individuals who are 
living together as one economic unit for whom residential energy is 
customarily purchased in the form of rent in the definition of 
household, for provisions including individuals who occupy a housing 
unit in such definition, and struck out par. (2)(B), which provided that 
for purposes of subpar. (A), one or more rooms shall be treated as a 
housing unit when occupied as a separate living quarters.


                    Effective Date of 1994 Amendment

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


                    Effective Date of 1984 Amendment

    Amendment by Pub. L. 98-558 effective Oct. 30, 1984, see section 
609(a) of Pub. L. 98-558, set out as a note under section 8621 of this 
title.

                  Section Referred to in Other Sections

    This section is referred to in section 8626b of this title.
