
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: 42USC8626]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
                CHAPTER 94--LOW-INCOME ENERGY ASSISTANCE
 
            SUBCHAPTER II--LOW-INCOME HOME ENERGY ASSISTANCE
 
Sec. 8626. Payments to States; fiscal year requirements 
        respecting availability, etc.
        
    (a)(1) From its allotment under section 8623 of this title, the 
Secretary shall make payments to each State in accordance with section 
6503(a) of title 31, for use under this subchapter.
    (2) Each State shall notify the Secretary, not later than 2 months 
prior to the close of a fiscal year, of the amount (if any) of its 
allotment for such year that will not be obligated in such year, and, if 
such State elects to submit a request described in subsection (b)(2) of 
this section, such State shall submit such request at the same time. The 
Secretary shall make no payment under paragraph (1) to a State for a 
fiscal year unless the State has complied with this paragraph with 
respect to the prior fiscal year.
    (b)(1) If--
        (A) the Secretary determines that, as of September 1 of any 
    fiscal year, an amount allotted to a State under section 8623 of 
    this title for any fiscal year will not be used by such State during 
    such fiscal year;
        (B) the Secretary--
            (i) notifies the chief executive officer of such State; and
            (ii) publishes a timely notice in the Federal Register;

    that, after the 30-day period beginning on the date of the notice to 
    such chief executive officer, such amount may be reallotted; and
        (C) the State does not request, under paragraph (2), that such 
    amount be held available for such State for the following fiscal 
    year;

then such amount shall be treated by the Secretary for purposes of this 
subchapter as an amount appropriated for the following fiscal year to be 
allotted under section 8623 of this title for such following fiscal 
year.
    (2)(A) Any State may request that an amount allotted to such State 
for a fiscal year be held available for such State for the following 
fiscal year. Such request shall include a statement of the reasons that 
the amount allotted to such State for a fiscal year will not be used by 
such State during such fiscal year and a description of the types of 
assistance to be provided with the amount held available for the 
following fiscal year. Any amount so held available for the following 
fiscal year shall not be taken into account in computing the allotment 
of or the amount payable to such State for such fiscal year under this 
subchapter.
    (B) No amount may be held available under this paragraph for a State 
from a prior fiscal year to the extent such amount exceeds 10 percent of 
the amount payable to such State for such prior fiscal year. For 
purposes of the preceding sentence, the amount payable to a State for a 
fiscal year shall be determined without regard to any amount held 
available under this paragraph for such State for such fiscal year from 
the prior fiscal year.
    (C) The Secretary shall reallot amounts made available under this 
paragraph for the fiscal year following the fiscal year of the original 
allotment in accordance with paragraph (1) of this subsection.
    (3) During the 30-day period described in paragraph (1)(B), comments 
may be submitted to the Secretary. After considering such comments, the 
Secretary shall notify the chief executive officer of the State of any 
decision to reallot funds, and shall publish such decision in the 
Federal Register.

(Pub. L. 97-35, title XXVI, Sec. 2607, Aug. 13, 1981, 95 Stat. 900; Pub. 
L. 98-558, title VI, Sec. 606, Oct. 30, 1984, 98 Stat. 2892; Pub. L. 
101-501, title VII, Sec. 706, Nov. 3, 1990, 104 Stat. 1260; Pub. L. 103-
252, title III, Sec. 310, May 18, 1994, 108 Stat. 661; Pub. L. 105-285, 
title III, Sec. 307, Oct. 27, 1998, 112 Stat. 2758.)

                          Codification

    In subsec. (a)(1), ``section 6503(a) of title 31'' substituted for 
``section 203 of the Intergovernmental Cooperation Act of 1968 [42 
U.S.C. 4213]'' on authority of Pub. L. 97-258, Sec. 4(b), Sept. 13, 
1982, 96 Stat. 1067, the first section of which enacted Title 31, Money 
and Finance.


                               Amendments

    1998--Subsec. (b)(2)(B). Pub. L. 105-285 struck out ``and not 
transferred pursuant to section 8623(f) of this title'' after ``such 
prior fiscal year'' in first sentence and ``but not transferred by the 
State'' after ``the amount payable to a State'' in second sentence.
    1994--Subsec. (a). Pub. L. 103-252 designated existing provisions as 
par. (1) and added par. (2).
    1990--Subsec. (b)(2)(B). Pub. L. 101-501 substituted ``10 percent'' 
for ``15 percent''.
    1984--Subsec. (b)(2)(A). Pub. L. 98-558, Sec. 606(a), inserted 
``Such request shall include a statement of the reasons that the amount 
allotted to such State for a fiscal year will not be used by such State 
during such fiscal year and a description of the types of assistance to 
be provided with the amount held available for the following fiscal 
year.'' and ``or the amount payable to'' after ``computing the allotment 
of''.
    Subsec. (b)(2)(B). Pub. L. 98-558, Sec. 606(b), substituted ``15 
percent'' for ``25 percent'', ``payable to such State for such prior 
fiscal year and not transferred pursuant to section 8623(f) of this 
title'' for ``allotted to such State for such prior fiscal year'', and 
``payable to a State but not transferred by the State'' for ``allotted 
to a State'' in second sentence.
    Subsec. (b)(2)(C). Pub. L. 98-558, Sec. 606(c), added subpar. (C).


                    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 1984 Amendment

    Amendment by Pub. L. 98-558 applicable to amounts held available for 
fiscal years beginning after Sept. 30, 1985, see section 609(c) 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 8623 of this title.
