
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: 42USC8624]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
                CHAPTER 94--LOW-INCOME ENERGY ASSISTANCE
 
            SUBCHAPTER II--LOW-INCOME HOME ENERGY ASSISTANCE
 
Sec. 8624. Applications and requirements


(a) Form; assurances; public hearings

    (1) Each State desiring to receive an allotment for any fiscal year 
under this subchapter shall submit an application to the Secretary. Each 
such application shall be in such form as the Secretary shall require. 
Each such application shall contain assurances by the chief executive 
officer of the State that the State will meet the conditions enumerated 
in subsection (b) of this section.
    (2) After the expiration of the first fiscal year for which a State 
receives funds under this subchapter, no funds shall be allotted to such 
State for any fiscal year under this subchapter unless such State 
conducts public hearings with respect to the proposed use and 
distribution of funds to be provided under this subchapter for such 
fiscal year.

(b) Certifications required for covered activities

    As part of the annual application required by subsection (a) of this 
section, the chief executive officer of each State shall certify that 
the State agrees to--
        (1) use the funds available under this subchapter 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 subchapter including leveraging programs,

    and the State agrees not to use such funds for any purposes other 
    than those specified in this subchapter;
        (2) make payments under this subchapter 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 [42 U.S.C. 601 et 
            seq.];
                (ii) supplemental security income payments under title 
            XVI of the Social Security Act [42 U.S.C. 1381 et seq.];
                (iii) food stamps under the Food Stamp Act of 1977 [7 
            U.S.C. 2011 et seq.]; or
                (iv) payments under section 1315, 1521, 1541, or 1542 of 
            title 38, or under section 306 of the Veterans' and 
            Survivors' Pension Improvement Act of 1978; or

            (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 
    subchapter, and any similar energy-related assistance available 
    under subtitle B of title VI (relating to community services block 
    grant program) [42 U.S.C. 9901 et seq.] or under any other provision 
    of law which carries out programs which were administered under the 
    Economic Opportunity Act of 1964 [42 U.S.C. 2701 et seq.] before 
    August 13, 1981;
        (4) coordinate its activities under this subchapter with similar 
    and related programs administered by the Federal Government and such 
    State, particularly low-income energy-related programs under 
    subtitle B of title VI (relating to community services block grant 
    program) [42 U.S.C. 9901 et seq.], under the supplemental security 
    income program, under part A of title IV of the Social Security Act 
    [42 U.S.C. 601 et seq.], under title XX of the Social Security Act 
    [42 U.S.C. 1397 et seq.], under the low-income weatherization 
    assistance program under title IV of the Energy Conservation and 
    Production Act [42 U.S.C. 6851 et seq.], or under any other 
    provision of law which carries out programs which were administered 
    under the Economic Opportunity Act of 1964 [42 U.S.C. 2701 et seq.] 
    before August 13, 1981;
        (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 clause (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 
    subchapter, give special consideration, in the designation of such 
    agencies, to any local public or private nonprofit agency which was 
    receiving Federal funds under any low-income energy assistance 
    program or weatherization program under the Economic Opportunity Act 
    of 1964 [42 U.S.C. 2701 et seq.] or any other provision of law on 
    August 12, 1981, 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 subchapter;
            (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 subchapter 
        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 subchapter \1\ that 
        seek to reduce home energy costs, minimize the risks of home 
        energy crisis, and encourage regular payments by individuals 
        receiving financial assistance for home energy costs;
---------------------------------------------------------------------------
    \1\ See References in Text note below.

        (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 subchapter;
        (9) provide that--
            (A) the State may use for planning and administering the use 
        of funds under this subchapter an amount not to exceed 10 
        percent of the funds payable to such State under this subchapter 
        for a fiscal year; and
            (B) the State will pay from non-Federal sources the 
        remaining costs of planning and administering the program 
        assisted under this subchapter and will not use Federal funds 
        for such remaining costs (except for the costs of the activities 
        described in paragraph (16));

        (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 subchapter, including procedures for monitoring the 
    assistance provided under this subchapter, and provide that the 
    State will comply with the provisions of chapter 75 of title 31 
    (commonly known as the ``Single Audit Act'');
        (11) permit and cooperate with Federal investigations undertaken 
    in accordance with section 8627 of this title;
        (12) provide for timely and meaningful public participation in 
    the development of the plan described in subsection (c) of this 
    section;
        (13) provide an opportunity for a fair administrative hearing to 
    individuals whose claims for assistance under the plan described in 
    subsection (c) of this section are denied or are not acted upon with 
    reasonable promptness;
        (14) cooperate with the Secretary with respect to data 
    collecting and reporting under section 8629 of this title;
        (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 subchapter.
    Not later than 18 months after May 18, 1994, the Secretary shall 
develop model performance goals and measurements in consultation with 
State, territorial, tribal, and local grantees, that the States may use 
to assess the success of the States in achieving the purposes of this 
subchapter. The model performance goals and measurements shall be made 
available to States to be incorporated, at the option of the States, 
into the plans for fiscal year 1997. The Secretary may request data 
relevant to the development of model performance goals and measurements.

(c) State plan; revision; public inspection

    (1) As part of the annual application required in subsection (a) of 
this section, 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 
    subchapter, including criteria for designating an emergency under 
    section 8623(c) of this title;
        (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 8623(c) of this 
    title 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) of this section, 
    including any steps the State will take to address the 
    weatherization and energy-related home repair needs of households 
    that have high home energy burdens, and describes any rules 
    promulgated by the Department of Energy for administration of its 
    Low Income Weatherization Assistance Program which the State, to the 
    extent permitted by the Secretary to increase consistency between 
    federally assisted programs, will follow regarding the use of funds 
    provided under this subchapter by the State for such weatherization 
    and energy-related home repairs and improvements;
        (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) of this section) 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) of this section;
        (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 
    subchapter, 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 subchapter.

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) Expending of funds

    The State shall expend funds in accordance with the State plan under 
this subchapter or in accordance with revisions applicable to such plan.

(e) Conduct of audits

    Each State shall, in carrying out the requirements of subsection 
(b)(10) of this section, obtain financial and compliance audits of any 
funds which the State receives under this subchapter. Such audits shall 
be made public within the State on a timely basis. The audits shall be 
conducted in accordance with chapter 75 of title 31.

(f) Payments or assistance not to be deemed income or resources for any 
        purpose under Federal or State law; determination of excess 
        shelter expense deduction

    (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 household under this subchapter shall 
not be considered income or resources of such household (or any member 
thereof) for any purpose under any Federal or State law, including any 
law relating to taxation, 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) Repayment of funds expended improperly; offset

    The State shall repay to the United States amounts found not to have 
been expended in accordance with this subchapter or the Secretary may 
offset such amounts against any other amount to which the State is or 
may become entitled under this subchapter.

(h) Periodic evaluation of expenditures by Comptroller General

    The Comptroller General of the United States shall, from time to 
time \2\ evaluate the expenditures by States of grants under this 
subchapter in order to assure that expenditures are consistent with the 
provisions of this subchapter and to determine the effectiveness of the 
State in accomplishing the purposes of this subchapter.
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    \2\ So in original. Probably should be followed by a comma.
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(i) Certain recipients of supplemental security income ineligible for 
        payments or assistance

    A household which is described in subsection (b)(2)(A) of this 
section solely by reason of clause (ii) thereof shall not be treated as 
a household described in subsection (b)(2) of this section 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 [42 U.S.C. 1382(e)(1)] by reason of being in an 
    institution receiving payments under title XIX of the Social 
    Security Act [42 U.S.C. 1396 et seq.] with respect to such 
    individual;
        (2) an individual to whom the reduction specified in section 
    1612(a)(2)(A)(i) of the Social Security Act [42 U.S.C. 
    1382a(a)(2)(A)(i)] applies; or
        (3) a child described in section 1614(f)(2) of the Social 
    Security Act [42 U.S.C. 1382c(f)(2)] who is living together with a 
    parent, or the spouse of a parent, of the child.

(j) State verification of income eligibility; policies and procedures 
        applicable

    In verifying income eligibility for purposes of subsection (b)(2)(B) 
of this section, the State may apply procedures and policies consistent 
with procedures and policies used by the State agency administering 
programs under part A of title IV of the Social Security Act [42 U.S.C. 
601 et seq.], under title XX of the Social Security Act [42 U.S.C. 1397 
et seq.], under subtitle B of title VI of this Act (relating to 
community services block grant program) [42 U.S.C. 9901 et seq.], under 
any other provision of law which carries out programs which were 
administered under the Economic Opportunity Act of 1964 [42 U.S.C. 2701 
et seq.] before August 13, 1981, or under other income assistance or 
service programs (as determined by the State).

(k) Limitation on use of funds; waiver

    (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 subchapter for any 
    fiscal year; or
        (B) the funds available to such State under this subchapter for 
    such fiscal year;

may be used by the State for low-cost residential weatherization or 
other energy-related home repair for low-income households, particularly 
those low-income households with the lowest incomes that pay a high 
proportion of household income for home energy.
    (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 subchapter for such 
    fiscal year; or
        (ii) the funds available to such State under this subchapter for 
    such fiscal year;

for residential weatherization or other energy-related home repair for 
low-income households, particularly those low-income households with the 
lowest incomes that pay a high proportion of household income for home 
energy.
    (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 subchapter in such fiscal year will not be fewer than the 
    number of households in the State that received benefits, other than 
    weatherization and energy-related home repair, under this subchapter 
    in the preceding fiscal year;
        (II) the aggregate amounts of benefits that will be received 
    under this subchapter by all households in the State in such fiscal 
    year will not be less than the aggregate amount of such benefits 
    that were received under this subchapter by all households in the 
    State in the preceding fiscal year; and
        (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) State tax credits to energy suppliers who supply home energy at 
        reduced rates to low-income households

    (1) Any State may use amounts provided under this subchapter for the 
purpose of providing credits against State tax to energy suppliers who 
supply home energy at reduced rates to low-income households.
    (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) of this 
section and suppliers will not be impeded by the use of such data.

(Pub. L. 97-35, title XXVI, Sec. 2605, Aug. 13, 1981, 95 Stat. 896; Pub. 
L. 98-558, title VI, Sec. 605, Oct. 30, 1984, 98 Stat. 2891; Pub. L. 99-
425, title V, Sec. 504, Sept. 30, 1986, 100 Stat. 974; Pub. L. 101-501, 
title VII, Secs. 704, 705, Nov. 3, 1990, 104 Stat. 1259; Pub. L. 102-83, 
Sec. 5(c)(2), Aug. 6, 1991, 105 Stat. 406; Pub. L. 103-252, title III, 
Secs. 305-309, 311(a)(1), (b), (c)(4), (5), May 18, 1994, 108 Stat. 659-
662; Pub. L. 104-66, title I, Sec. 1072(c), Dec. 21, 1995, 109 Stat. 
721; Pub. L. 104-193, title I, Sec. 110(p), Aug. 22, 1996, 110 Stat. 
2175; Pub. L. 105-285, title III, Sec. 306, Oct. 27, 1998, 112 Stat. 
2758.)

                       References in Text

    The Social Security Act, referred to in subsecs. (b)(2)(A)(i), (ii), 
(4), (i)(1), and (j), is act Aug. 14, 1935, ch. 531, 49 Stat. 620, as 
amended. Part A of title IV of the Social Security Act is classified 
generally to part A (Sec. 601 et seq.) of subchapter IV of chapter 7 of 
this title. Titles XVI, XIX, and XX of the Social Security Act are 
classified generally to subchapters XVI (Sec. 1381 et seq.), XIX 
(Sec. 1396 et seq.), and XX (Sec. 1397 et seq.) of chapter 7 of this 
title, respectively. For complete classification of this Act to the 
Code, see section 1305 of this title and Tables.
    The Food Stamp Act of 1977, referred to in subsec. (b)(2)(A)(iii), 
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.
    Section 306 of the Veterans' and Survivors' Pension Improvement Act 
of 1978, referred to in subsec. (b)(2)(A)(iv), is section 306 of Pub. L. 
95-588, title III, Nov. 4, 1978, 92 Stat. 2508, which is set out as a 
note under section 521 of Title 38, Veterans' Benefits.
    Subtitle B of title VI, referred to in subsecs. (b)(3), (4), and 
(j), is subtitle B of title VI of Pub. L. 97-35, Sec. 671 et seq., Aug. 
13, 1981, 95 Stat. 511, as amended, known as the Community Services 
Block Grant Act, which is classified generally to chapter 106 (Sec. 9901 
et seq.) of this title. For complete classification of this Act to the 
Code, see Short Title note set out under section 9901 of this title and 
Tables.
    The Economic Opportunity Act of 1964, referred to in subsecs. 
(b)(3), (4), (6), and (j), is Pub. L. 88-452, Aug. 20, 1964, 78 Stat. 
508, as amended, which was classified generally to chapter 34 (Sec. 2701 
et seq.) of this title prior to repeal, except for titles VIII and X, by 
Pub. L. 97-35, title VI, Sec. 683(a), Aug. 13, 1981, 95 Stat. 519. 
Titles VIII and X of the Act are classified generally to subchapters 
VIII (Sec. 2991 et seq.) and X (Sec. 2996 et seq.) of chapter 34 of this 
title. For complete classification of this Act to the Code, see Tables.
    The Energy Conservation and Production Act, referred to in subsec. 
(b)(4), is Pub. L. 94-385, Aug. 14, 1976, 90 Stat. 1142, as amended. 
Title IV of the Energy Conservation and Production Act is classified 
principally to subchapter III (Sec. 6851 et seq.) of chapter 81 of this 
title. For complete classification of this Act to the Code, see Short 
Title note set out under section 6801 of this title and Tables.
    This subchapter, referred to in subsec. (b)(7)(D), was in the 
original ``this Act'' and was translated as reading ``this title'', 
meaning title XXVI of Pub. L. 97-35, known as the Low-Income Home Energy 
Assistance Act of 1981, to reflect the probable intent of Congress.

                          Codification

    In subsec. (b)(6), ``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--Subsec. (b). Pub. L. 105-285, Sec. 306(1)(C), (D), struck out 
``The Secretary may not prescribe the manner in which the States will 
comply with the provisions of this subsection.'' in provisions after 
par. (14) and inserted identical language before ``The Secretary shall 
issue'' in concluding provisions after par. (16).
    Subsec. (b)(9)(A). Pub. L. 105-285, Sec. 306(1)(A), struck out ``and 
not transferred pursuant to section 8623(f) of this title for use under 
another block grant'' before the semicolon.
    Subsec. (b)(14). Pub. L. 105-285, Sec. 306(1)(B), struck out ``and'' 
at end.
    Subsec. (c)(1)(B). Pub. L. 105-285, Sec. 306(2)(A), substituted 
``State'' for ``States''.
    Subsec. (c)(1)(G)(i). Pub. L. 105-285, Sec. 306(2)(B), substituted 
``had'' for ``has''.
    Subsec. (k)(1), (2)(A). Pub. L. 105-285, Sec. 306(3), inserted 
before period at end ``, particularly those low-income households with 
the lowest incomes that pay a high proportion of household income for 
home energy''.
    1996--Subsec. (b)(2)(A)(i). Pub. L. 104-193 amended cl. (i) 
generally. Prior to amendment, cl. (i) read as follows: ``aid to 
families with dependent children under the State's plan approved under 
part A of title IV of the Social Security Act (other than such aid in 
the form of foster care in accordance with section 408 of such Act);''.
    1995--Subsec. (h). Pub. L. 104-66 struck out ``(but not less 
frequently than every three years),'' after ``from time to time''.
    1994--Subsec. (b). Pub. L. 103-252, Sec. 311(c)(4), transferred the 
sentence immediately preceding par. (15) to appear as a flush sentence 
immediately after par. (16).
    Pub. L. 103-252, Sec. 311(b), inserted at end ``Not later than 18 
months after May 18, 1994, the Secretary shall develop model performance 
goals and measurements in consultation with State, territorial, tribal, 
and local grantees, that the States may use to assess the success of the 
States in achieving the purposes of this subchapter. The model 
performance goals and measurements shall be made available to States to 
be incorporated, at the option of the States, into the plans for fiscal 
year 1997. The Secretary may request data relevant to the development of 
model performance goals and measurements.''
    Subsec. (b)(1). Pub. L. 103-252, Sec. 305(a), amended par. (1) 
generally. Prior to amendment, par. (1) read as follows: ``use the funds 
available under this subchapter for the purposes described in section 
8621(a) of this title and otherwise in accordance with the requirements 
of this subchapter, and agrees not to use such funds for any payments 
other than payments specified in this section;''.
    Subsec. (b)(2)(B). Pub. L. 103-252, Sec. 306(a), in concluding 
provisions substituted ``except that a State may not exclude a household 
from eligibility in a fiscal year solely on the basis of household 
income if such income is less than 110 percent of the poverty level for 
such State, but the State may give priority to those households with the 
highest home energy costs or needs in relation to household income;'' 
for ``except that no household may be excluded from eligibility under 
this subclause for payments under this subchapter for fiscal year 1986 
and thereafter if the household has an income which is less than 110 
percent of the poverty level for such State for such fiscal year''.
    Subsec. (b)(3). Pub. L. 103-252, Secs. 306(b), 311(c)(3), 
substituted ``disabled'' for ``handicapped'' and ``and households with 
high home energy burdens, are made aware'' for ``are made aware''.
    Subsec. (b)(5). Pub. L. 103-252, Sec. 306(c), inserted ``or needs'' 
after ``highest energy costs''.
    Subsec. (b)(7)(D). Pub. L. 103-252, Sec. 311(a)(1), amended subpar. 
(D) generally. Prior to amendment, subpar. (D) read as follows: ``assure 
that any home energy supplier receiving direct payments agrees not to 
discriminate, either in the cost of the goods supplied or the services 
provided, against the eligible household on whose behalf payments are 
made;''.
    Subsec. (b)(9)(B). Pub. L. 103-252, Sec. 305(b)(1), inserted before 
semicolon at end ``(except for the costs of the activities described in 
paragraph (16))''.
    Subsec. (b)(10). Pub. L. 103-252, Sec. 307(1), substituted ``and 
provide that the State will comply with the provisions of chapter 75 of 
title 31 (commonly known as the `Single Audit Act')'' for ``and provide 
that at least every two years the State shall prepare an audit of its 
expenditures of amounts received under this subchapter and amounts 
transferred to carry out the purposes of this subchapter''.
    Subsec. (b)(16). Pub. L. 103-252, Sec. 305(b)(2), (3), added par. 
(16).
    Subsec. (c)(1)(D). Pub. L. 103-252, Sec. 308, inserted before 
semicolon at end ``, including any steps the State will take to address 
the weatherization and energy-related home repair needs of households 
that have high home energy burdens, and describes any rules promulgated 
by the Department of Energy for administration of its Low Income 
Weatherization Assistance Program which the State, to the extent 
permitted by the Secretary to increase consistency between federally 
assisted programs, will follow regarding the use of funds provided under 
this subchapter by the State for such weatherization and energy-related 
home repairs and improvements''.
    Subsec. (c)(1)(E). Pub. L. 103-252, Sec. 306(d)(2), added subpar. 
(E). Former subpar. (E) redesignated (F).
    Subsec. (c)(1)(F). Pub. L. 103-252, Secs. 306(d)(1), 309(1), 
redesignated subpar. (E) as (F), substituted ``(13), and (15)'' for 
``and (13)'', and struck out ``and'' at end. Former subpar. (F) 
redesignated (H).
    Subsec. (c)(1)(G). Pub. L. 103-252, Sec. 309(2), added subpar. (G).
    Subsec. (c)(1)(H). Pub. L. 103-252, Sec. 306(d)(1), redesignated 
subpar. (F) as (H).
    Subsec. (e). Pub. L. 103-252, Sec. 307(2), substituted ``in 
accordance with chapter 75 of title 31'' for ``at least every two years 
by an organization or person independent of any agency administering 
activities under this subchapter. The audits shall be conducted in 
accordance with the Comptroller General's standards for audit of 
governmental organizations, programs, activities, and functions. Within 
30 days after completion of each audit, the chief executive officer of 
the State shall submit a copy of the audit to the legislature of the 
State and to the Secretary''.
    1991--Subsec. (b)(2)(A)(iv). Pub. L. 102-83 substituted ``section 
1315, 1521, 1541, or 1542 of title 38'' for ``section 415, 521, 541, or 
542 of title 38''.
    1990--Subsec. (b)(12). Pub. L. 101-501, Sec. 704(a)(1), inserted 
``timely and meaningful'' after ``provide for''.
    Subsec. (b)(15). Pub. L. 101-501, Sec. 704(a)(2)-(4), added par. 
(15) at end.
    Subsec. (c)(2). Pub. L. 101-501, Sec. 704(b), inserted ``timely and 
meaningful'' after ``will facilitate''.
    Subsec. (k). Pub. L. 101-501, Sec. 705, designated existing 
provisions as par. (1), redesignated former pars. (1) and (2) as 
subpars. (A) and (B), respectively, substituted ``Except as provided in 
paragraph (2), not'' for ``Not'', and added par. (2).
    1986--Subsec. (b)(5). Pub. L. 99-425, Sec. 504(a), substituted ``in 
a timely manner'' for ``in a manner consistent with the efficient and 
timely payment of benefits''.
    Subsec. (b)(14) to (17). Pub. L. 99-425, Sec. 504(b), redesignated 
cl. (17) as (14), and struck out former cls. (14) to (16) which read as 
follows:
    ``(14) describe the procedures by which households in the State are 
identified as eligible to participate under this subchapter and the 
manner in which the State determines benefit levels;
    ``(15) describe the amount that the State will reserve in accordance 
with section 8623(c) of this title in each fiscal year for energy crisis 
intervention activities together with the administrative procedures (A) 
for designating an emergency, (B) for determining the assistance to be 
provided in any such emergency, and (C) for the use of funds reserved 
under such section for the purposes under this subchapter in the event 
any portion of the amount so reserved is not expended for emergencies.
    ``(16) describe energy usage and the average cost of home energy in 
the State, identified by type of fuel and by region of the State;''.
    Subsec. (c)(1). Pub. L. 99-425, Sec. 504(c), revised provisions 
relating to requirements for State plans, restating as subpars. (A) to 
(F), provisions of former subpars. (A) to (E).
    Subsec. (c)(3). Pub. L. 99-425, Sec. 504(d), added par. (3).
    Subsec. (f). Pub. L. 99-425, Sec. 504(e), designated existing 
provisions as par. (1), substituted ``provided directly to, or 
indirectly for the benefit of'' for ``provided to'', and added par. (2).
    1984--Subsec. (b). Pub. L. 98-558, Sec. 605(a)(9), inserted at end 
``The Secretary shall issue regulations to prevent waste, fraud, and 
abuse in the programs assisted by this subchapter.''.
    Subsec. (b)(1). Pub. L. 98-558, Sec. 605(a)(1), substituted 
``section'' for ``subsection''.
    Subsec. (b)(2)(B). Pub. L. 98-558, Sec. 605(a)(2), inserted ``except 
that no household may be excluded from eligibility under this subclause 
for payments under this subchapter for fiscal year 1986 and thereafter 
if the household has an income which is less than 110 percent of the 
poverty level for such State for such fiscal year''.
    Subsec. (b)(5). Pub. L. 98-558, Sec. 605(a)(3), inserted ``, except 
that the State may not differentiate in implementing this section 
between the households described in clause (2)(A) and (2)(B) of this 
subsection''.
    Subsec. (b)(7)(C). Pub. L. 98-558, Sec. 605(a)(4), substituted 
``adversely'' for ``any differently''.
    Subsec. (b)(8). Pub. L. 98-558, Sec. 605(a)(5), designated existing 
provisions as subpar. (B) and added subpar. (A).
    Subsec. (b)(9)(A). Pub. L. 98-558, Sec. 605(a)(6), in amending 
subpar. (A) generally, struck out ``in each fiscal year'' before ``the 
State may'' and substituted ``for a fiscal year and not transferred 
pursuant to section 8623(f) of this title for use under another block 
grant'' for ``for such fiscal year''.
    Subsec. (b)(10). Pub. L. 98-558, Sec. 605(a)(7), substituted ``every 
two years'' for ``every year''.
    Subsec. (b)(14) to (17). Pub. L. 98-558, Sec. 605(a)(8), which 
directed amendment of subsec. (b) by adding pars. (14) to (17) at the 
end thereof, was executed by adding those pars. after par. (13) to 
reflect the probable intent of Congress.
    Subsec. (c)(1). Pub. L. 98-558, Sec. 605(b)(1), in amending par. (1) 
generally, designated existing provisions as subpar. (A) and added 
subpars. (B) to (E).
    Subsec. (c)(2). Pub. L. 98-558, Sec. 605(b)(2), inserted ``and each 
substantial revision thereof'' and ``or substantial revision'' at the 
end.
    Subsec. (d). Pub. L. 98-558, Sec. 605(c), in amending subsec. (d) 
generally, substituted provisions that the State shall expend funds in 
accordance with the State plan or revisions thereto for former 
provisions which related to waiver of requirements.
    Subsec. (e). Pub. L. 98-558, Sec. 605(d), in amending subsec. (e) 
generally, inserted provisions requiring that the audits be made public 
and that they shall be conducted in accordance with the Comptroller 
General's standards.
    Subsec. (f). Pub. L. 98-558, Sec. 605(e), inserted ``unless enacted 
in express limitation of this paragraph''.
    Subsec. (h). Pub. L. 98-558, Sec. 605(f), inserted ``(but not less 
frequently than every three years)''.


                    Effective Date of 1996 Amendment

    Amendment by Pub. L. 104-193 effective July 1, 1997, with transition 
rules relating to State options to accelerate such date, rules relating 
to claims, actions, and proceedings commenced before such date, rules 
relating to closing out of accounts for terminated or substantially 
modified programs and continuance in office of Assistant Secretary for 
Family Support, and provisions relating to termination of entitlement 
under AFDC program, see section 116 of Pub. L. 104-193, as amended, set 
out as an Effective Date note under section 601 of this title.


                    Effective Date of 1994 Amendment

    Amendment by Pub. L. 103-252 effective 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 504(a)-(d) of Pub. L. 99-425 not applicable 
with respect to any fiscal year beginning in or before the 60-day period 
ending on Oct. 1, 1986, and amendment by section 504(e) 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 on first day of first fiscal 
year beginning after Oct. 30, 1984, see section 609(b) of Pub. L. 98-
558, set out as a note under section 8621 of this title.


                   Clarification on Utility Allowances

    Pub. L. 102-550, title IX, Sec. 927, Oct. 28, 1992, 106 Stat. 3885, 
as amended by Pub. L. 103-185, Sec. 1, Dec. 14, 1993, 107 Stat. 2244, 
provided that:
    ``(a) Eligibility.--Tenants who--
        ``(1) are responsible for making out-of-pocket payments for 
    utility bills; and
        ``(2) receive energy assistance through utility allowances that 
    include energy costs under programs identified in subsection (c);
shall not have their eligibility or benefits under other programs 
designed to assist low-income people with increases in energy costs 
since 1978 reduced or eliminated, except as provided in subsection (d).
    ``(b) Equal Treatment in Benefit Programs.--Tenants described in 
subsection (a) shall be treated identically with other households 
eligible for or receiving energy assistance, including in the 
determination of the home energy costs for which they are individually 
responsible and in the determination of their incomes for any program in 
which eligibility or benefits are based on need, except as provided in 
subsection (d).
    ``(c) Applicability.--This section applies to programs under the 
United States Housing Act of 1937 [42 U.S.C. 1437 et seq.], the National 
Housing Act [12 U.S.C. 1701 et seq.], section 101 of the Housing and 
Urban Development Act of 1965 [12 U.S.C. 1701s], section 202 of the 
Housing Act of 1959 [12 U.S.C. 1701q], and title V of the Housing Act of 
1949 [42 U.S.C. 1471 et seq.].
    ``(d) Special Rule for Low-Income Home Energy Assistance Program.--
For purposes of the Low-Income Home Energy Assistance Program, tenants 
described in subsection (a)(2) who are responsible for paying some or 
all heating or cooling costs shall not have their eligibility 
automatically denied. A State may consider the amount of the heating or 
cooling component of utility allowances received by tenants described in 
subsection (a)(2) when setting benefit levels under the Low-Income Home 
Energy Assistance Program. The size of any reduction in Low-Income Home 
Energy Assistance Program benefits must be reasonably related to the 
amount of the heating or cooling component of the utility allowance 
received and must ensure that the highest level of assistance will be 
furnished to those households with the lowest incomes and the highest 
energy costs in relation to income, taking into account family size, in 
compliance with section 2605(b)(5) of the Low-Income Home Energy 
Assistance Act of 1981 (42 U.S.C. 8624(b)(5)).''

                  Section Referred to in Other Sections

    This section is referred to in sections 8623, 8626a, 8626b, 8627, 
8629 of this title.
