
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 42USC8623]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
                CHAPTER 94--LOW-INCOME ENERGY ASSISTANCE
 
            SUBCHAPTER II--LOW-INCOME HOME ENERGY ASSISTANCE
 
Sec. 8623. State allotments


(a) Amount; distribution, computation, etc.

    (1)(A) Except as provided in subparagraph (B), the Secretary shall, 
from that percentage of the amount appropriated under section 8621(b) of 
this title for each fiscal year which is remaining after reserving any 
amount permitted to be reserved under section 8628a of this title and 
after the amount of allotments for such fiscal year under subsection 
(b)(1) of this section 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 8628a of this title, if for any 
period a State has a plan which is described in section 8624(c)(1) of 
this title, 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 8624(b)(9)(B) of this title), with respect to 
households described in section 8624(b)(2) of this title.
    (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 subchapter 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 subchapter 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 subchapter 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) Allotments to insular areas

    (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 subchapter 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 subchapter upon an application submitted to the 
Secretary containing provisions which describe the programs for which 
assistance is sought under this subchapter, and which are consistent 
with the requirements of section 8624 of this title.

(c) Energy crisis intervention

    Of the funds available to each State under subsection (a) of this 
section, 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 subchapter,\1\ 
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\ See References in Text note below.
---------------------------------------------------------------------------
        (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 \1\ [42 U.S.C. 5121 et 
seq.], 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) Allotments to Indian tribes

    (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 subchapter 
    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 subchapter;

the Secretary shall reserve from amounts which would otherwise be 
payable to such State from amounts allotted to it under this subchapter 
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 subchapter for 
such fiscal year (other than by reason of section 8626(b)(2) of this 
title) as the number of Indian households described in subparagraphs (A) 
and (B) of section 8624(b)(2) of this title 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 8624(b)(2) of this title 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 subchapter.

    (4) In order for a tribal organization or other entity to be 
eligible for an amount under this subsection for a fiscal year, it shall 
submit to the Secretary a plan (in lieu of being under the State's plan) 
for such fiscal year which meets such criteria as the Secretary may by 
regulations prescribe.

(e) Allotment of emergency funds

    Notwithstanding subsections (a) through (d) of this section, the 
Secretary may allot amounts appropriated pursuant to section 8621(e) of 
this title 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 subchapter or any other 
program, and such other factors as the Secretary may find to be 
relevant. Not later than 30 days after making the determination, but 
prior to releasing an allotted amount to a State, the Secretary shall 
notify Congress of the allotments made pursuant to this subsection.

(Pub. L. 97-35, title XXVI, Sec. 2604, Aug. 13, 1981, 95 Stat. 894; Pub. 
L. 98-558, title VI, Secs. 603, 604, Oct. 30, 1984, 98 Stat. 2890; Pub. 
L. 99-425, title V, Secs. 502(a), 503, 505(b), Sept. 30, 1986, 100 Stat. 
973-975; Pub. L. 101-501, title VII, Sec. 703, Nov. 3, 1990, 104 Stat. 
1258; Pub. L. 103-252, title III, Secs. 304(c), 311(c)(3), May 18, 1994, 
108 Stat. 659, 662; Pub. L. 105-285, title III, Secs. 304(b), 305, Oct. 
27, 1998, 112 Stat. 2757.)

                       References in Text

    Public Law 98-139, referred to in subsec. (a)(2), is Pub. L. 98-139, 
Oct. 31, 1983, 97 Stat. 871, known as the Departments of Labor, Health 
and Human Services, and Education, and Related Agencies Appropriation 
Act, 1984. For complete classification of this Act to the Code see 
Tables.
    The Low-Income Energy Assistance Act of 1980, referred to in subsec. 
(c), probably means the Home Energy Assistance Act of 1980, which is 
title III of Pub. L. 96-223, Apr. 2, 1980, 94 Stat. 288, and which was 
classified generally to subchapter I of this chapter prior to repeal by 
Pub. L. 97-35, title XXVI, Sec. 2611, Aug. 13, 1981, 95 Stat. 902. For 
complete classification of this Act to the Code, see Tables.
    This subchapter, referred to in subsec. (c), was in the original 
``this Act'' which was translated as reading ``this title'', meaning 
title XXVI of Pub. L. 97-35, as the probable intent of Congress.
    The Disaster Relief Act of 1974, referred to in subsec. (c), is Pub. 
L. 93-288, May 22, 1974, 88 Stat. 143, as amended, which is classified 
principally to chapter 68 (Sec. 5121 et seq.) of this title. The 1974 
Act was renamed the Robert T. Stafford Disaster Relief and Emergency 
Assistance Act, and was substantially revised by Pub. L. 100-707, Nov. 
23, 1988, 102 Stat. 4689. Section 102(b) of Pub. L. 100-707 provided 
that a reference in any other law to a provision of the Disaster Relief 
Act of 1974 shall be deemed to be a reference to such provision of the 
Robert T. Stafford Disaster Relief and Emergency Assistance Act. For 
complete classification of this Act to the Code, see Short Title note 
set out under section 5121 of this title and Tables.


                               Amendments

    1998--Subsec. (b)(1). Pub. L. 105-285, Sec. 305(1), substituted 
``and the Commonwealth of the Northern Mariana Islands.'' for ``the 
Northern Mariana Islands, and the Trust Territory of the Pacific 
Islands.''
    Subsec. (c)(3)(B)(ii). Pub. L. 105-285, Sec. 305(2), substituted 
``applications'' for ``application''.
    Subsec. (e). Pub. L. 105-285, Sec. 305(5), redesignated subsec. (g) 
as (e).
    Subsec. (f). Pub. L. 105-285, Sec. 305(3), struck out subsec. (f) 
relating to optional transfer of funds to block grants for community 
service programs, preventive health services, etc.
    Subsec. (g). Pub. L. 105-285, Sec. 305(5), redesignated subsec. (g) 
as (e).
    Pub. L. 105-285, Secs. 304(b), 305(4), substituted ``subsections (a) 
through (d) of this section'' for ``subsections (a) through (f) of this 
section'' and ``In determining whether to make such an allotment to a 
State, the Secretary shall take into account the extent to which the 
State was affected by the natural disaster or other emergency involved, 
the availability to the State of other resources under the program 
carried out under this subchapter or any other program, and such other 
factors as the Secretary may find to be relevant. Not later than 30 days 
after making the determination, but prior to releasing an allotted 
amount to a State, the Secretary shall notify Congress of the allotments 
made pursuant to this subsection.'' for ``In determining to which State 
or States additional funds may be allotted, the Secretary shall take 
into account the extent to which a State was affected by the emergency 
or disaster, the availability to an affected State of other resources 
under this or any other program, and such other factors as the Secretary 
determines relevant. The Secretary shall notify Congress of the 
allotment pursuant to this subsection prior to releasing the allotted 
funds.''
    1994--Subsec. (b)(1). Pub. L. 103-252, Sec. 311(c)(3), inserted ``of 
the United States'' after ``Virgin Islands''.
    Subsec. (g). Pub. L. 103-252, Sec. 304(c), added subsec. (g).
    1990--Subsec. (f). Pub. L. 101-501 designated existing provisions as 
par. (1), redesignated former pars. (1) to (3) as subpars. (A) to (C), 
respectively, substituted ``in accordance with paragraph (2) a 
percentage'' for ``up to 10 percent'', ``or a combination'' for ``or any 
combination'', and ``subparagraphs (A), (B), and (C)'' for ``paragraphs 
(1), (2), and (3)'', and added par. (2).
    1986--Subsec. (a)(1)(A). Pub. L. 99-425, Sec. 505(b)(1), inserted 
``after reserving any amount permitted to be reserved under section 
8628a of this title and'' after ``remaining''.
    Subsec. (a)(1)(B). Pub. L. 99-425, Sec. 505(b)(2), inserted ``after 
reserving any amount permitted to be reserved under section 8628a of 
this title'' after ``therefor''.
    Subsec. (c). Pub. L. 99-425, Sec. 502(a), substituted ``the 
capacity'' for ``and the capacity'', inserted ``, and the ability to 
carry out the program in local communities'', and inserted provisions 
relating to hourly time periods in which the program must respond, 
application for benefits, and nonapplicability of the program to areas 
affected by a natural disaster or major disaster.
    Subsec. (d)(2). Pub. L. 99-425, Sec. 503, substituted ``and residing 
within the State on the reservation of the tribes or on trust lands 
adjacent to such reservation'' for ``in such State with respect to which 
a determination under this subsection is made'', inserted ``, or such 
greater amount as the Indian tribe and the State may agree upon'', and 
inserted ``In cases where a tribe has no reservation, the Secretary, in 
consultation with the tribe and the State, shall define the number of 
Indian households for the determination under this paragraph.''
    1984--Subsec. (a)(2). Pub. L. 98-558, Sec. 604(a), amended par. (2) 
generally, substituting provisions relating to State allotment 
computation for former provisions which also related to computation of 
State allotment formulas and adding subpars. (A) and (B).
    Subsec. (a)(4). Pub. L. 98-558, Sec. 604(b), added par. (4).
    Subsec. (c). Pub. L. 98-558, Sec. 603(a), inserted ``until March 15 
of each program year'' after ``reserved'' and inserted ``The program for 
which funds are reserved by this subsection shall be administered by 
public or nonprofit entities which have experience in administering 
energy crisis programs under the Low-Income Energy Assistance Act of 
1980, or under this subchapter, experience in assisting low-income 
individuals in the area to be served, and the capacity to undertake a 
timely and effective energy crisis intervention program.''
    Subsec. (d)(1). Pub. L. 98-558, Sec. 603(b), substituted ``otherwise 
be payable'' for ``otherwise be paid'' in provisions following subpar. 
(B).
    Subsec. (e). Pub. L. 98-558, Sec. 603(c), struck out subsec. (e) 
which related to direct payments to households and State options.
    Subsec. (f). Pub. L. 98-558, Sec. 603(d), substituted ``the funds 
payable to it'' for ``its allotment''.


                    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 1990 Amendment

    Amendment by Pub. L. 101-501 effective Oct. 1, 1990, 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 502(a) of Pub. L. 99-425 effective Dec. 1, 
1986, and amendment by sections 503 and 505(b) of Pub. L. 99-425 
effective Oct. 1, 1986, 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 Oct. 30, 1984, see section 
609(a) of Pub. L. 98-558, set out as a note under section 8621 of this 
title.


                  Rules for Energy Crisis Intervention

    Section 502(b) of Pub. L. 99-425 provided that: ``Not later than 60 
days after the date of the enactment of this Act [Sept. 30, 1986], the 
Secretary of Health and Human Services shall issue rules to carry out 
the amendments made by subsection (a) [amending this section].''

                  Section Referred to in Other Sections

    This section is referred to in sections 8621, 8624, 8626 of this 
title.
