
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: 42USC8626a]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
                CHAPTER 94--LOW-INCOME ENERGY ASSISTANCE
 
            SUBCHAPTER II--LOW-INCOME HOME ENERGY ASSISTANCE
 
Sec. 8626a. Incentive program for leveraging non-Federal 
        resources
        

(a) Allotment of funds

    Beginning in fiscal year 1992, the Secretary may allocate amounts 
appropriated under section 8621(d) of this title to provide 
supplementary funds to States that have acquired non-Federal leveraged 
resources for the program established under this subchapter.

(b) ``Leveraged resources'' defined

    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 8624(c)(1)(A) of 
        this title to federally qualified low-income households and such 
        benefits are determined by the Secretary to be integrated with 
        the State program.

(c) Formula for distribution of amounts

    (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) of this 
section. Such formula shall take into account the size of the allocation 
of the State under this subchapter and the ratio of leveraged resources 
to such allocation.
    (2) A State may expend funds allocated under this subchapter 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) Dollar value of leveraged resources

    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) Report to Secretary

    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) of this section, 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) Determination of State share; regulations; documentation

    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) of this section 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.

(Pub. L. 97-35, title XXVI, Sec. 2607A, as added Pub. L. 101-501, title 
VII, Sec. 707(a), Nov. 3, 1990, 104 Stat. 1260; amended Pub. L. 103-252, 
title III, Sec. 311(a)(2), (c)(6), May 18, 1994, 108 Stat. 661, 662.)


                               Amendments

    1994--Subsec. (c)(2). Pub. L. 103-252, Sec. 311(c)(6), substituted 
``0.08 percent'' for ``.0008 percent''.
    Subsec. (e). Pub. L. 103-252, Sec. 311(a)(2), substituted ``2 months 
after the close of the fiscal year during which the State provided 
leveraged resources to eligible households, as described in subsection 
(b) of this section'' for ``July 31, of each year''.


                    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

    Section effective Oct. 1, 1990, see section 1001(a) of Pub. L. 101-
501, set out as an Effective Date of 1990 Amendment note under section 
8621 of this title.

                  Section Referred to in Other Sections

    This section is referred to in section 8621 of this title.
